[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4503 Reported in Senate (RS)]
<DOC>
Calendar No. 438
117th CONGRESS
2d Session
S. 4503
To authorize appropriations for fiscal year 2023 for intelligence and
intelligence-related activities of the United States Government, the
Intelligence Community Management Account, and the Central Intelligence
Agency Retirement and Disability System, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 12, 2022
Mr. Warner, from the Select Committee on Intelligence, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2023 for intelligence and
intelligence-related activities of the United States Government, the
Intelligence 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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Plan for assessing counterintelligence programs.
Sec. 302. Modification of advisory board in National Reconnaissance
Office.
Sec. 303. Prohibition on employment with governments of certain
countries.
Sec. 304. Counterintelligence and national security protections for
intelligence community grant funding.
Sec. 305. Extension of Central Intelligence Agency law enforcement
jurisdiction to facilities of Office of
Director of National Intelligence.
Sec. 306. Clarification regarding protection of Central Intelligence
Agency functions.
Sec. 307. Establishment of advisory board for National Geospatial-
Intelligence Agency.
Sec. 308. Annual reports on status of recommendations of Comptroller
General of the United States for the
Director of National Intelligence.
Sec. 309. Timely submission of budget documents from intelligence
community.
Sec. 310. Copyright protection for civilian faculty of the National
Intelligence University.
Sec. 311. Expansion of reporting requirements relating to authority to
pay personnel of Central Intelligence
Agency for certain injuries to the brain.
Sec. 312. Modifications to Foreign Malign Influence Response Center.
Sec. 313. Requirement to offer cyber protection support for personnel
of intelligence community in positions
highly vulnerable to cyber attack.
Sec. 314. Minimum cybersecurity standards for national security systems
of intelligence community.
Sec. 315. Review and report on intelligence community activities under
Executive Order 12333.
Sec. 316. Elevation of the commercial and business operations office of
the National Geospatial-Intelligence
Agency.
Sec. 317. Assessing intelligence community open-source support for
export controls and foreign investment
screening.
Sec. 318. Annual training requirement and report regarding analytic
standards.
Sec. 319. Historical Advisory Panel of the Central Intelligence Agency.
TITLE IV--INTELLIGENCE MATTERS RELATING TO THE PEOPLE'S REPUBLIC OF
CHINA
Sec. 401. Update to annual reports on influence operations and
campaigns in the United States by the
Chinese Communist Party.
Sec. 402. Report on wealth and corrupt activities of the leadership of
the Chinese Communist Party.
Sec. 403. Identification and threat assessment of companies with
investments by the People's Republic of
China.
Sec. 404. Intelligence community working group for monitoring the
economic and technological capabilities of
the People's Republic of China.
Sec. 405. Annual report on concentrated reeducation camps in the
Xinjiang Uyghur Autonomous Region of the
People's Republic of China.
Sec. 406. Assessments of production of semiconductors by the People's
Republic of China.
TITLE V--PERSONNEL AND SECURITY CLEARANCE MATTERS
Sec. 501. Improving onboarding of personnel in intelligence community.
Sec. 502. Improving onboarding at the Central Intelligence Agency.
Sec. 503. Report on legislative action required to implement Trusted
Workforce 2.0 initiative.
Sec. 504. Comptroller General of the United States assessment of
administration of polygraphs in
intelligence community.
Sec. 505. Timeliness in the administration of polygraphs.
Sec. 506. Policy on submittal of applications for access to classified
information for certain personnel.
Sec. 507. Prohibition on denial of eligibility for access to classified
information solely because of preemployment
use of cannabis.
Sec. 508. Technical correction regarding Federal policy on sharing of
covered insider threat information.
Sec. 509. Establishing process parity for adverse security clearance
and access determinations.
Sec. 510. Elimination of cap on compensatory damages for retaliatory
revocation of security clearances and
access determinations.
Sec. 511. Comptroller General of the United States report on use of
Government and industry space certified as
secure compartmented information
facilities.
TITLE VI--INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY
Sec. 601. Submittal of complaints and information by whistleblowers in
the intelligence community to Congress.
Sec. 602. Modification of whistleblower protections for contractor
employees in intelligence community.
Sec. 603. Prohibition against disclosure of whistleblower identity as
reprisal against whistleblower disclosure
by employees and contractors in
intelligence community.
Sec. 604. Definitions regarding whistleblower complaints and
information of urgent concern received by
inspectors general of the intelligence
community.
TITLE VII--OTHER MATTERS
Sec. 701. Improvements relating to continuity of Privacy and Civil
Liberties Oversight Board membership.
Sec. 702. Report by Public Interest Declassification Board.
Sec. 703. Modification of requirement for office to address
unidentified aerospace-undersea phenomena.
Sec. 704. Unidentified aerospace-undersea phenomena reporting
procedures.
Sec. 705. Comptroller General of the United States compilation of
unidentified aerospace-undersea phenomena
records.
Sec. 706. Office of Global Competition Analysis.
Sec. 707. Report on tracking and collecting precursor chemicals used in
the production of synthetic opioids.
Sec. 708. Assessment and report on mass migration in the Western
Hemisphere.
Sec. 709. Notifications regarding transfers of detainees at United
States Naval Station Guantanamo Bay, Cuba.
Sec. 710. Report on international norms, rules, and principles
applicable in space.
Sec. 711. Assessments of the effects of sanctions imposed with respect
to the Russian Federation's invasion of
Ukraine.
Sec. 712. Assessments and briefings on implications of food insecurity
that may result from the Russian
Federation's invasion of Ukraine.
Sec. 713. Pilot program for Director of Federal Bureau of Investigation
to undertake an effort to identify
International Mobile Subscriber Identity-
catchers and develop countermeasures.
Sec. 714. Department of State Bureau of Intelligence and Research
assessment of anomalous health incidents.
Sec. 715. Clarification of process for protecting classified
information using the Classified
Information Procedures Act.
SEC. 2. DEFINITIONS.
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 such section.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2023
for the conduct of the intelligence and intelligence-related activities
of the intelligence community.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be
appropriated under section 101 for the conduct of the intelligence
activities of the elements listed in paragraphs (1) through (17) of
section 101, 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));
(B) to the extent necessary to implement the
budget; or
(C) as otherwise required by law.
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(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 2023 the sum of
$650,000,000.
(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 2023 such additional amounts as are specified in the
classified Schedule of Authorizations referred to in section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund $514,000,000 for fiscal year
2023.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 301. PLAN FOR ASSESSING COUNTERINTELLIGENCE PROGRAMS.
(a) Plan Required.--Not later than 180 days after the date of the
enactment of this Act, the Director of the National Counterintelligence
and Security Center shall submit to the congressional intelligence
committees a plan for assessing the effectiveness of all
counterintelligence programs of the Federal Government.
(b) Contents.--The plan required by subsection (a) shall include
the following:
(1) A description of the standards and methods of
assessment that apply for each evaluated Executive agency.
(2) The phased implementation over a five-year timeframe to
cover all counterintelligence programs of the Federal
Government.
(3) The periodicity for updated assessments.
(4) The annual costs required to conduct the agency
assessments and any recommendations for a cost recovery
mechanism.
SEC. 302. MODIFICATION OF ADVISORY BOARD IN NATIONAL RECONNAISSANCE
OFFICE.
Section 106A(d) of the National Security Act of 1947 (50 U.S.C.
3041a(d)) is amended--
(1) in paragraph (3)(A)(i), by inserting ``, in
consultation with the Director of National Intelligence and the
Secretary of Defense,'' after ``Director''; and
(2) in paragraph (7), by striking ``the date that is 3
years after the date of the first meeting of the Board'' and
inserting ``September 30, 2024''.
SEC. 303. PROHIBITION ON EMPLOYMENT WITH GOVERNMENTS OF CERTAIN
COUNTRIES.
(a) In General.--Title III of the National Security Act of 1947 (50
U.S.C. 3091 et seq.) is amended by inserting after section 304 the
following:
``SEC. 305. PROHIBITION ON EMPLOYMENT WITH GOVERNMENTS OF CERTAIN
COUNTRIES.
``(a) Definitions.--In this section:
``(1) Covered employee.--The term `covered employee', with
respect to an employee occupying a position within an element
of the intelligence community, means an officer or official of
an element of the intelligence community, a contractor of such
an element, a detailee to such an element, or a member of the
Armed Forces assigned to such an element that, based on the
level of access of a person occupying such position to
information regarding sensitive intelligence sources or methods
or other exceptionally sensitive matters, the head of such
element determines should be subject to the requirements of
this section.
``(2) Former covered employee.--The term `former covered
employee' means an individual who was a covered employee on or
after the date of enactment of the Intelligence Authorization
Act for Fiscal Year 2023 and is no longer a covered employee.
``(3) State sponsor of terrorism.--The term `state sponsor
of terrorism' means a country the government of which the
Secretary of State determines has repeatedly provided support
for international terrorism pursuant to--
``(A) section 1754(c)(1)(A) of the Export Control
Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A));
``(B) section 620A of the Foreign Assistance Act of
1961 (22 U.S.C. 2371);
``(C) section 40 of the Arms Export Control Act (22
U.S.C. 2780); or
``(D) any other provision of law.
``(b) Prohibition on Employment and Services.--No former covered
employee may provide services relating to national security,
intelligence, the military, or internal security to--
``(1) the government of a country that is a state sponsor
of terrorism, the People's Republic of China, or the Russian
Federation;
``(2) a person or entity that is directed and controlled by
a government described in paragraph (1).
``(c) Training and Written Notice.--The head of each element of the
intelligence community shall--
``(1) regularly provide to the covered employees of the
element training on the prohibition in subsection (b); and
``(2) provide to each covered employee of the element
before the covered employee becomes a former covered employee
written notice of the prohibition in subsection (b).
``(d) Limitation on Eligibility for Access to Classified
Information.--A former covered employee who knowingly and willfully
violates subsection (b) shall not be considered eligible for access to
classified information (as defined in the procedures established
pursuant to section 801(a) of this Act (50 U.S.C. 3161(a))) by any
element of the intelligence community.
``(e) Criminal Penalties.--A former employee who knowingly and
willfully violates subsection (b) shall be fined under title 18, United
States Code, or imprisoned for not more than 5 years, or both.
``(f) Application.--Nothing in this section shall apply to--
``(1) a former covered employee who continues to provide
services described in subsection (b) that the former covered
employee first began to provide before the date of the
enactment of the Intelligence Authorization Act for Fiscal Year
2023;
``(2) a former covered employee who, on or after the date
of the enactment of the Intelligence Authorization Act for
Fiscal Year 2023, provides services described in subsection (b)
to a person or entity that is directed and controlled by a
country that is a state sponsor of terrorism, the People's
Republic of China, or the Russian Federation as a result of a
merger, acquisition, or similar change of ownership that
occurred after the date on which such former covered employee
first began to provide such services;
``(3) a former covered employee who, on or after the date
of the enactment of the Intelligence Authorization Act for
Fiscal Year 2023, provides services described in subsection (b)
to--
``(A) a government that was designated as a state
sponsor of terrorism after the date on which such
former covered employee first began to provide such
services; or
``(B) a person or entity directed and controlled by
a government described in subparagraph (A).''.
(b) Annual Reports.--Not later than March 31 of each year through
2032, the Director of National Intelligence shall submit to the
congressional intelligence committees a report on any violations of
subsection (b) of section 305 of the National Security Act of 1947, as
added by subsection (a) of this section, by former covered employees
(as defined in subsection (a) of such section 305).
(c) Clerical Amendment.--The table of contents immediately
preceding section 2 of the National Security Act of 1947 (50 U.S.C.
3002) is amended by inserting after the item relating to section 304
the following new item:
``Sec. 305. Prohibition on employment with governments of certain
countries.''.
SEC. 304. COUNTERINTELLIGENCE AND NATIONAL SECURITY PROTECTIONS FOR
INTELLIGENCE COMMUNITY GRANT FUNDING.
(a) Disclosure as Condition for Receipt of Grant.--The head of an
element of the intelligence community may not award a grant to a person
or entity unless the person or entity has disclosed to the head of the
element any material financial or material in-kind support received by
the person or entity, during the 5-year period ending on the date of
the person or entity's application for the grant.
(b) Review of Grant Applicants.--
(1) Transmittal of disclosures.--Each head of an element of
the intelligence community shall immediately transmit a copy of
each disclosure under subsection (a) to the Director of
National Intelligence.
(2) Process.--The Director, in consultation with such heads
of elements of the intelligence community as the Director
considers appropriate, shall establish a process--
(A) to review the disclosures under subsection (a);
and
(B) to take such actions as may be necessary to
ensure that the applicants for grants awarded by
elements of the intelligence community do not pose an
unacceptable risk, including as a result of an
applicant's material financial or material in-kind
support from a person or entity having ownership or
control, in whole or in part, by the government of the
People's Republic of China, the Russian Federation, the
Islamic Republic of Iran, the Democratic People's
Republic of Korea, or the Republic of Cuba, of--
(i) misappropriation of United States
intellectual property, research and
development, and innovation efforts; or
(ii) other threats from foreign governments
and other entities.
(c) Annual Report Required.--Not later than one year after the date
of the enactment of this Act and not less frequently than once each
year thereafter, the Director of National Intelligence shall submit to
the congressional intelligence committees an annual report identifying
the following for the one-year period covered by the report:
(1) The number of applications for grants received by each
element of the intelligence community.
(2) The number of such applications that were reviewed for
each element of the intelligence community, using the process
established under subsection (b).
(3) The number of such applications that were denied and
the reasons for such denials for each element of the
intelligence community.
(d) Applicability.--Subsections (a) and (b) shall apply only with
respect to grants awarded by an element of the intelligence community
after the date of the enactment of this Act.
SEC. 305. EXTENSION OF CENTRAL INTELLIGENCE AGENCY LAW ENFORCEMENT
JURISDICTION TO FACILITIES OF OFFICE OF DIRECTOR OF
NATIONAL INTELLIGENCE.
(a) In General.--Paragraph (1) of section 15(a) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3515(a)) is amended--
(1) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(2) by redesignating subparagraph (D) as subparagraph (E);
(3) by inserting after subparagraph (C) the following:
``(D) within an installation owned, or contracted to be
occupied for a period of one year or longer, by the Office of
the Director of National Intelligence; and''; and
(4) in subparagraph (E), as redesignated by paragraph (2),
by inserting ``or (D)'' after ``in subparagraph (C)''.
(b) Conforming Amendment.--Paragraph (2) of such section is amended
by striking ``or (D)'' and inserting ``or (E)''.
SEC. 306. CLARIFICATION REGARDING PROTECTION OF CENTRAL INTELLIGENCE
AGENCY FUNCTIONS.
Section 6 of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3507) is amended by striking ``, functions'' and inserting ``or
functions of the Agency, or of the''.
SEC. 307. ESTABLISHMENT OF ADVISORY BOARD FOR NATIONAL GEOSPATIAL-
INTELLIGENCE AGENCY.
(a) Establishment.--There is established in the National
Geospatial-Intelligence Agency an advisory board (in this section
referred to as the ``Board'').
(b) Duties.--The Board shall--
(1) study matters relating to the mission of the National
Geospatial-Intelligence Agency, including with respect to
integration of commercial capabilities, promoting innovation,
advice on next generation tasking, collection, processing,
exploitation, and dissemination capabilities, strengthening
functional management, acquisition, and such other matters as
the Director of the National Geospatial-Intelligence Agency
considers appropriate; and
(2) advise and report directly to the Director with respect
to such matters.
(c) Members.--
(1) Number and appointment.--
(A) In general.--The Board shall be composed of 6
members appointed by the Director from among
individuals with demonstrated academic, government,
business, or other expertise relevant to the mission
and functions of the Agency.
(B) Notification.--Not later than 30 days after the
date on which the Director appoints a member to the
Board, the Director shall notify the congressional
intelligence committees and the congressional defense
committees (as defined in section 101(a) of title 10,
United States Code) of such appointment.
(C) Initial appointments.--Not later than 180 days
after the date of the enactment of this Act, the
Director shall appoint the initial 6 members to the
Board.
(2) Terms.--Each member shall be appointed for a term of 3
years.
(3) Vacancy.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only for
the remainder of that term.
(4) Chair.--The Board shall have a Chair, who shall be
appointed by the Director from among the members.
(5) Travel expenses.--Each member 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.
(6) Executive secretary.--The Director may appoint an
executive secretary, who shall be an employee of the Agency, to
support the Board.
(d) Meetings.--The Board shall meet not less than quarterly, but
may meet more frequently at the call of the Director.
(e) Reports.--Not later than March 31 of each year, the Board shall
submit to the Director and to the congressional intelligence committees
a report on the activities and significant findings of the Board during
the preceding year.
(f) Nonapplicability of Certain Requirements.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Board.
(g) Termination.--The Board shall terminate on the date that is 3
years after the date of the first meeting of the Board.
SEC. 308. ANNUAL REPORTS ON STATUS OF RECOMMENDATIONS OF COMPTROLLER
GENERAL OF THE UNITED STATES FOR THE DIRECTOR OF NATIONAL
INTELLIGENCE.
(a) Definition of Open Recommendations.--In this section, the term
``open recommendations'' refers to recommendations of the Comptroller
General of the United States that the Comptroller General has not yet
designated as closed.
(b) Annual Lists by Comptroller General of the United States.--Not
later than October 31, 2023, and each October 31 thereafter through
2025, the Comptroller General of the United States shall submit to the
congressional intelligence committees and the Director of National
Intelligence a list of all open recommendations made to the Director,
disaggregated by report number and recommendation number.
(c) Annual Reports by Director of National Intelligence.--Not later
than 120 days after the date on which the Director receives a list
under subsection (b), the Director shall submit to the congressional
intelligence committees and the Comptroller General a report on the
actions taken by the Director and actions the Director intends to take,
alone or in coordination with the heads of other Federal agencies, in
response to each open recommendation identified in the list, including
open recommendations the Director considers closed and recommendations
the Director determines do not require further action, as well as the
basis for that determination.
SEC. 309. TIMELY SUBMISSION OF BUDGET DOCUMENTS FROM INTELLIGENCE
COMMUNITY.
Not later than 14 days after the date on which the President
submits to Congress a budget for a fiscal year pursuant to section
1105(a) of title 31, United States Code, the Director of National
Intelligence shall submit to Congress the supporting information under
such section for each element of the intelligence community for that
fiscal year.
SEC. 310. COPYRIGHT PROTECTION FOR CIVILIAN FACULTY OF THE NATIONAL
INTELLIGENCE UNIVERSITY.
Section 105 of title 17, United States Code, is amended--
(1) by redesignating the second subsection (c) as
subsection (d);
(2) by striking subsection (c) and inserting the following:
``(c) Use by Federal Government.--
``(1) Secretary of defense authority.--With respect to a
covered author who produces a covered work in the course of
employment at a covered institution described in subparagraphs
(A) through (L) of subsection (d)(2), the Secretary of Defense
may direct the covered author to provide the Federal Government
with an irrevocable, royalty-free, worldwide, nonexclusive
license to reproduce, distribute, perform, or display such
covered work for purposes of the United States Government.
``(2) Director of national intelligence authority.--With
respect to a covered author who produces a covered work in the
course of employment at the covered institution described in
subsection (d)(2)(M), the Director of National Intelligence may
direct the covered author to provide the Federal Government
with an irrevocable, royalty-free, world-wide, nonexclusive
license to reproduce, distribute, perform, or display such
covered work for purposes of the United States Government.'';
and
(3) in paragraph (2) of subsection (d), as so redesignated,
by adding at the end the following:
``(M) National Intelligence University.''.
SEC. 311. EXPANSION OF REPORTING REQUIREMENTS RELATING TO AUTHORITY TO
PAY PERSONNEL OF CENTRAL INTELLIGENCE AGENCY FOR CERTAIN
INJURIES TO THE BRAIN.
Section 2(d)(1) of the Helping American Victims Afflicted by
Neurological Attacks Act of 2021 (Public Law 117-46) is amended--
(1) in subparagraph (A), by inserting ``and not less
frequently than once each year thereafter for 5 years'' after
``Not later than 365 days after the date of the enactment of
this Act'';
(2) in subparagraph (B), by adding at the end the
following:
``(iv) Detailed information about the
number of covered employees, covered
individuals, and covered dependents who
reported experiencing vestibular, neurological,
or related injuries, including those broadly
termed `anomalous health incidents'.
``(v) The number of individuals who have
sought benefits under any provision of section
19A of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3519b).
``(vi) The number of covered employees,
covered individuals, and covered dependents who
are unable to perform all or part of their
professional duties as a result of injuries
described in clause (iv).
``(vii) An updated analytic assessment
coordinated by the National Intelligence
Council regarding the potential causes and
perpetrators of anomalous health incidents, as
well as any and all dissenting views within the
intelligence community, which shall be included
as appendices to the assessment.''; and
(3) in subparagraph (C), by striking ``The'' and inserting
``Each''.
SEC. 312. MODIFICATIONS TO FOREIGN MALIGN INFLUENCE RESPONSE CENTER.
(a) Renaming.--
(1) In general.--Section 119C of the National Security Act
of 1947 (50 U.S.C. 3059) is amended--
(A) in the section heading, by striking
``response''; and
(B) in subsection (a), by striking ``Response''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of such Act is amended by striking
the item relating to section 119C and inserting the following:
``Sec. 119C. Foreign Malign Influence Center.''.
(3) Conforming amendment.--Section 589E(d)(2) of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (Public Law 116-283; 10 U.S.C. 2001 note
prec.) is amended by striking ``Response''.
(4) Reference.--Any reference in law, regulation, map,
document, paper, or other record of the United States to the
``Foreign Malign Influence Response Center'' shall be deemed to
be a reference to the Foreign Malign Influence Center.
(b) Sunset.--Section 119C of such Act (50 U.S.C. 3059) is further
amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following:
``(f) Sunset.--The authorities and requirements of this section
shall terminate on December 31, 2027, and the Director of National
Intelligence shall take such actions as may be necessary to conduct an
orderly wind-down of the activities of the Center before December 31,
2028.''.
(c) Report.--Not later than December 31, 2026, the Director of
National Intelligence shall submit to the congressional intelligence
committees, the Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives a report
assessing the continued need for operating the Foreign Malign Influence
Center.
SEC. 313. REQUIREMENT TO OFFER CYBER PROTECTION SUPPORT FOR PERSONNEL
OF INTELLIGENCE COMMUNITY IN POSITIONS HIGHLY VULNERABLE
TO CYBER ATTACK.
(a) In General.--Section 6308(b) of the Damon Paul Nelson and
Matthew Young Pollard Intelligence Authorization Act for Fiscal Years
2018, 2019, and 2020 (50 U.S.C. 3334d(b)) is amended--
(1) in paragraph (1)--
(A) by striking ``may provide'' and inserting
``shall offer'';
(B) by inserting ``and shall provide such support
to any such personnel who request'' before the period
at the end; and
(2) in the subsection heading, by striking ``Authority''
and inserting ``Requirement''.
(b) 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 an implementation plan for
providing the support described section 6308(b) of the Damon Paul
Nelson and Matthew Young Pollard Intelligence Authorization Act for
Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3334d(b)), as amended by
subsection (a), including a description of the training and resources
needed to implement the support and the methodology for determining the
personnel described in paragraph (2) of such section.
SEC. 314. MINIMUM CYBERSECURITY STANDARDS FOR NATIONAL SECURITY SYSTEMS
OF INTELLIGENCE COMMUNITY.
(a) Definition of National Security Systems.--In this section, the
term ``national security systems'' has the meaning given such term in
section 3552(b) of title 44, United States Code, and includes systems
described in paragraph (2) or (3) of section 3553(e) of such title.
(b) Requirement to Establish Cybersecurity Standards for National
Security Systems.--The Director of National Intelligence shall, in
coordination with the National Manager for National Security Systems,
establish minimum cybersecurity requirements that shall apply to all
national security systems operated by, on the behalf of, or under a law
administered by the head of an element of the intelligence community.
(c) Implementation Deadline.--The requirements published pursuant
to subsection (b) shall include appropriate deadlines by which all
elements of the intelligence community that own or operate a national
security system shall have fully implemented the requirements
established under subsection (b) for all national security systems that
it owns or operates.
(d) Maintenance of Requirements.--Not less frequently than once
every 2 years, the Director shall reevaluate and update the minimum
cybersecurity requirements established under subsection (b).
(e) Resources.--The head of each element of the intelligence
community that owns or operates a national security system shall update
plans of the element to prioritize resources in such a manner as to
fully implement the requirements established in subsection (b) by the
deadline established pursuant to subsection (c) for the next 10 fiscal
years.
(f) Exemptions.--
(1) In general.--A national security system of an element
of the intelligence community may be exempted from the minimum
cybersecurity standards established under subsection (b) in
accordance with the process established under paragraph (2).
(2) Process for exemption.--The Director shall establish
and administer a process by which specific national security
systems can be exempted under paragraph (1).
(g) Annual Reports on Exemption Requests.--Each year, the Director
shall submit to the congressional intelligence committees an annual
report documenting all exemption requests received under subsection
(f), the number of exemptions denied, and the justification for each
exemption request that was approved.
SEC. 315. REVIEW AND REPORT ON INTELLIGENCE COMMUNITY ACTIVITIES UNDER
EXECUTIVE ORDER 12333.
(a) Review and Report Required.--No later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall--
(1) conduct a review to ascertain the feasibility and
advisability of compiling and making public information
relating to activities of the intelligence community under
Executive Order 12333 (50 U.S.C. 3001 note; relating to United
States intelligence activities); and
(2) submit to the congressional intelligence committees a
report on the findings of the Director with respect to the
review conducted under paragraph (1).
(b) Matters Addressed.--The report shall address the feasibility
and advisability of making available to the public information relating
to the following:
(1) Data on activities described in subsection (a)(1),
including the following:
(A) The amount of United States person information
collected pursuant to such activities.
(B) Queries of United States persons pursuant to
such activities.
(C) Dissemination of United States person
information pursuant to such activities, including
masking and unmasking.
(D) The use of United States person information in
criminal proceedings.
(2) Quantitative data and qualitative descriptions of
incidents in which the intelligence community violated
Executive Order 12333 and associated guidelines and procedures.
(c) Considerations.--In conducting the review under subsection
(a)(1), the Director shall consider--
(1) the public transparency associated with the use by the
intelligence community of the authorities provided under the
Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801
et seq.), including relevant data and compliance incidents; and
(2) the application of the transparency model developed in
connection with such Act to activities conducted under
Executive Order 12333.
(d) Disaggregation for Public Release.--In conducting the review
under subsection (a)(1), the Director shall address whether the
relevant data and compliance incidents associated with the different
intelligence community entities can be disaggregated for public
release.
SEC. 316. ELEVATION OF THE COMMERCIAL AND BUSINESS OPERATIONS OFFICE OF
THE NATIONAL GEOSPATIAL-INTELLIGENCE AGENCY.
Beginning not later than 90 days after the date of the enactment of
this Act, the head of the commercial and business operations office of
the National Geospatial-Intelligence Agency shall report directly to
the Director of the National Geospatial-Intelligence Agency.
SEC. 317. ASSESSING INTELLIGENCE COMMUNITY OPEN-SOURCE SUPPORT FOR
EXPORT CONTROLS AND FOREIGN INVESTMENT SCREENING.
(a) Pilot Program to Assess Open Source Support for Export Controls
and Foreign Investment Screening.--
(1) Pilot program authorized.--The Director of National
Intelligence shall carry out a pilot program to assess the
feasibility and advisability of providing intelligence derived
from open source, publicly and commercially available
information to the Department of Commerce to support the export
control and investment screening functions of the Department.
(2) Authority.--In carrying out the pilot program required
by paragraph (1), the Director--
(A) shall establish a process for the provision of
information as described in such paragraph; and
(B) may--
(i) acquire and prepare data, consistent
with applicable provisions of law and Executive
orders;
(ii) modernize analytic systems, including
through the acquisition, development, or
application of automated tools; and
(iii) establish standards and policies
regarding the acquisition, treatment, and
sharing of open source, publicly and
commercially available information.
(3) Duration.--The pilot program required by paragraph (1)
shall be carried out during a 3-year period.
(b) Plan and Report Required.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the Select Committee on Intelligence, the
Committee on Banking, Housing, and Urban Affairs, and
the Committee on Appropriations of the Senate; and
(B) the Permanent Select Committee on Intelligence,
the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Appropriations
of the House of Representatives.
(2) Plan.--
(A) In general.--Not later than 90 days after the
date of the enactment of this Act, the Director shall,
in coordination with the Secretary of Commerce, submit
to the appropriate committees of Congress a plan to
carry out the pilot program required by subsection
(a)(1).
(B) Contents.--The plan submitted under
subparagraph (A) shall include the following:
(i) A list, developed in consultation with
the Secretary of Commerce, of the activities of
the Department of Commerce that will be
supported by the center established under the
pilot program.
(ii) A plan for measuring the effectiveness
of the center established under the pilot
program and the value of open source, publicly
and commercially available information to the
export control and investment screening
missions.
(3) Report.--
(A) In general.--Not later than 540 days after the
date on which the Director submits the plan under
paragraph (2)(A), the Director shall submit to the
appropriate committees of Congress a report on the
findings of the Director with respect to the pilot
program.
(B) Contents.--The report submitted under
subparagraph (A) shall include the following:
(i) An assessment of the feasibility and
advisability of providing information as
described in subsection (a)(1).
(ii) An assessment of the value of open
source, publicly and commercially available
information to the export control and
investment screening missions, using the
measures of effectiveness under paragraph
(2)(B)(ii).
(iii) Identification of opportunities for
and barriers to more effective use of open
source, publicly and commercially available
information by the intelligence community.
SEC. 318. ANNUAL TRAINING REQUIREMENT AND REPORT REGARDING ANALYTIC
STANDARDS.
(a) Policy for Training Program Required.--Consistent with sections
1019 and 1020 of the Intelligence Reform and Terrorism Prevention Act
of 2004 (50 U.S.C. 3364 and 3364 note), the Director of National
Intelligence shall issue a policy that requires each head of an element
of the intelligence community, that has not already done so, to create,
before the date that is 180 days after the date of the enactment of
this Act, an annual training program on the standards set forth in
Intelligence Community Directive 203, Analytic Standards (or successor
directive).
(b) Conduct of Training.--Training required pursuant to the policy
required by subsection (a) may be conducted in conjunction with other
required annual training programs conducted by the element of the
intelligence community concerned.
(c) Certification of Completion of Training.--Each year, each head
of an element of the intelligence community shall submit to the
congressional intelligence committees a certification as to whether all
of the analysts of that element have completed the training required
pursuant to the policy required by subsection (a) and if the analysts
have not, an explanation of why the training has not been completed.
(d) Reports.--
(1) Annual report.--In conjunction with each briefing
provided under section 1019(c) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3364(c)), the
Director shall submit to the congressional intelligence
committees a report on the number and themes of compliance
incidents reported to intelligence community analytic
ombudspersons relating to the standards set forth in
Intelligence Community Directive 203 (relating to analytic
standards), or successor directive.
(2) Report on performance evaluation.--Not later than 90
days after the date of the enactment of this Act, the head of
analysis at each element of the intelligence community that
conducts all-source analysis shall submit to the congressional
intelligence committees a report describing how compliance with
the standards set forth in Intelligence Community Directive 203
(relating to analytic standards), or successor directive, is
considered in the performance evaluations and consideration for
merit pay, bonuses, promotions, and any other personnel actions
for analysts within the element.
(e) Rule of Construction.--Nothing in this section shall be
construed to prohibit the Director from providing training described in
this section as a service of common concern.
(f) Sunset.--This section shall cease to be effective on the date
that is 5 years after the date of the enactment of this Act.
SEC. 319. HISTORICAL ADVISORY PANEL OF THE CENTRAL INTELLIGENCE AGENCY.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et
seq.) is amended by adding at the end the following:
``SEC. 29. HISTORICAL ADVISORY PANEL.
``(a) Definitions.-- In this section, the terms `congressional
intelligence committees' and `intelligence community' have the meanings
given those terms in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
``(b) Establishment.--There is established within the Agency an
advisory panel to be known as the `Historical Advisory Panel' (in this
section referred to as the `panel').
``(c) Membership.--
``(1) Composition.--
``(A) In general.--The panel shall be composed of
up to 7 members appointed by the Director from among
individuals recognized as scholarly authorities in
history, international relations, or related fields.
``(B) Initial appointments.--Not later than 180
days after the date of the enactment of this section,
the Director shall appoint the initial members of the
panel.
``(2) Chairperson.--The Director shall designate a
Chairperson of the panel from among the members of the panel.
``(d) Security Clearances and Accesses.--The Director shall sponsor
appropriate security clearances and accesses for all members of the
panel.
``(e) Terms of Service.--
``(1) In general.--Each member of the panel shall be
appointed for a term of 3 years.
``(2) Renewal.--The Director may renew the appointment of a
member of the panel for not more than 2 subsequent terms.
``(f) Duties.--The panel shall advise the Agency on--
``(1) topics for research and publication within the
Agency;
``(2) topics for discretionary declassification reviews;
``(3) declassification of specific records or types of
records;
``(4) determinations regarding topics and records whose
continued classification is outweighed by the public benefit of
disclosure;
``(5) technological tools to modernize the classification
and declassification processes to improve the efficiency and
effectiveness of those processes; and
``(6) other matters as the Director may assign.
``(g) Reports.--Not less than once each year, the panel shall
submit to the Director and the congressional intelligence committees a
report on the activities of the panel.
``(h) Nonapplicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the
panel.
``(i) Sunset.--The provisions of this section shall expire 7 years
after the date of the enactment of the Intelligence Authorization Act
for Fiscal Year 2023, unless reauthorized by statute.''.
TITLE IV--INTELLIGENCE MATTERS RELATING TO THE PEOPLE'S REPUBLIC OF
CHINA
SEC. 401. UPDATE TO ANNUAL REPORTS ON INFLUENCE OPERATIONS AND
CAMPAIGNS IN THE UNITED STATES BY THE CHINESE COMMUNIST
PARTY.
Section 1107(b) of the National Security Act of 1947 (50 U.S.C.
3237(b)) is amended--
(1) by redesignating paragraph (10) as paragraph (11); and
(2) by inserting after paragraph (9) the following:
``(10) An assessment of online influence and propaganda
activities of the Chinese Communist Party, including the use of
social media and news outlets in the United States and allied
countries for specific influence campaigns, that includes the
following:
``(A) A description of--
``(i) the mechanisms by which such
activities are pursued, including a breakdown
of the different platforms used and the
frequency of use;
``(ii) primary actors that--
``(I) direct such activities; and
``(II) undertake such activities;
and
``(iii) how narratives and themes are
developed.
``(B) A discussion of opportunities to expose and
counter such activities in social media and news
outlets outside of China, including through--
``(i) increasing transparency with respect
to--
``(I) the ownership of print,
video, and digital media; and
``(II) funders, advertisers, and
contributors of content;
``(ii) enhancing the United States Agency
for Global Media, especially Radio Free Asia
and Voice of America;
``(iii) encouraging major media outlets to
make some of their content available in Chinese
languages to support independent Chinese media;
and
``(iv) pressing WeChat to end its
censorship, information control, and
surveillance of audiences based in the United
States.''.
SEC. 402. REPORT ON WEALTH AND CORRUPT ACTIVITIES OF THE LEADERSHIP OF
THE CHINESE COMMUNIST PARTY.
(a) Report Required.--Not later than 1 year after the date of the
enactment of this Act, the Director of National Intelligence shall make
available to the public an unclassified report on the wealth and
corrupt activities of the leadership of the Chinese Communist Party,
including the General Secretary of the Chinese Communist Party and
senior leadership officials in the Central Committee, the Politburo,
the Politburo Standing Committee, and any other regional Party
Secretaries.
(b) Annual Updates.--Not later than 2 years after the date of the
enactment of this Act and not less frequently than once each year
thereafter until the date that is 6 years after the date of the
enactment of this Act, the Director shall update the report published
under subsection (a).
SEC. 403. IDENTIFICATION AND THREAT ASSESSMENT OF COMPANIES WITH
INVESTMENTS BY THE PEOPLE'S REPUBLIC OF CHINA.
Not later than 120 days after the date of the enactment of this
Act, the Director of National Intelligence, in consultation with such
heads of elements of the intelligence community as the Director
considers appropriate, shall provide to the congressional intelligence
committees a report on the risk to national security of the use of--
(1) telecommunications companies with substantial
investment by the People's Republic of China operating in the
United States or providing services to affiliates and personnel
of the intelligence community; and
(2) hospitality and conveyance companies with substantial
investment by the People's Republic of China by affiliates and
personnel of the intelligence community for travel on behalf of
the United States Government.
SEC. 404. INTELLIGENCE COMMUNITY WORKING GROUP FOR MONITORING THE
ECONOMIC AND TECHNOLOGICAL CAPABILITIES OF THE PEOPLE'S
REPUBLIC OF CHINA.
(a) In General.--The Director of National Intelligence, in
consultation with such heads of elements of the intelligence community
as the Director considers appropriate, shall establish a cross-
intelligence community analytical working group (in this section
referred to as the ``working group'') on the economic and technological
capabilities of the People's Republic of China.
(b) Monitoring and Analysis.--The working group shall monitor and
analyze--
(1) the economic and technological capabilities of the
People's Republic of China;
(2) the extent to which those capabilities rely on exports,
investments in companies, or services from the United States
and other foreign countries;
(3) the links of those capabilities to the military-
industrial complex of the People's Republic of China; and
(4) the threats those capabilities pose to the national and
economic security and values of the United States.
(c) Annual Assessment.--
(1) In general.--Not less frequently than once each year,
the working group shall submit to the congressional
intelligence committees an assessment of the economic and
technological strategy, efforts, and progress of the People's
Republic of China to become the dominant military,
technological, and economic power in the world and undermine
the rules-based world order.
(2) Elements.--Each assessment required by paragraph (1)
shall include the following:
(A) An unclassified overview of the major goals,
strategies, and policies of the People's Republic of
China to control, shape, or develop self-sufficiency in
key technologies and control related supply chains and
ecosystems, including--
(i) efforts to acquire United States and
other foreign technology and recruit foreign
talent in technology sectors of the People's
Republic of China, including the extent to
which those efforts relate to the military-
industrial complex of the People's Republic of
China;
(ii) efforts related to incentivizing
offshoring of United States and foreign
manufacturing to China, influencing global
supply chains, and creating supply chain
vulnerabilities for the United States,
including China's investments or potential
investments in foreign countries to create
monopolies in the processing and exporting of
rare earth and other critical materials
necessary for renewable energy, including
cobalt, lithium, and nickel;
(iii) related tools and market access
restrictions or distortions imposed by the
People's Republic of China on foreign firms and
laws and regulations of the People's Republic
of China that discriminate against United
States and other foreign firms; and
(iv) efforts of the People's Republic of
China to attract investment from the United
States and other foreign investors to build
self-sufficient capabilities and the type of
capital flows from the United States to China,
including information on documentation of the
lifecycle of investments, from the specific
actions taken by the Government of the People's
Republic of China to attract the investments to
the outcome of such efforts for entities and
persons of the People's Republic of China.
(B) An unclassified assessment of the progress of
the People's Republic of China to achieve its goals,
disaggregated by economic sector.
(C) An unclassified assessment of the impact of the
transfer of capital, technology, data, talent, and
technical expertise from the United States to China on
the economic, technological, and military capabilities
of the People's Republic of China.
(D) An unclassified list of the top 200 businesses,
academic and research institutions, or other entities
of the People's Republic of China that are--
(i) designated by Chinese securities
issuing and trading entities or other sources
as supporting the military-industrial complex
of the People's Republic of China;
(ii) developing, producing, or exporting
technologies of strategic importance to the
People's Republic of China or supporting
entities of the People's Republic of China that
are subject to sanctions imposed by the United
States;
(iii) supporting the military-civil fusion
program of the People's Republic of China; or
(iv) otherwise supporting the goals and
efforts of the Chinese Communist Party and
Chinese government entities, including the
Ministry of State Security, the Ministry of
Public Security, and the People's Liberation
Army.
(E) An unclassified list of the top 100
development, infrastructure, or other strategic
projects that the People's Republic of China is
financing abroad that--
(i) advance the technology goals and
strategies of the Chinese Communist Party; or
(ii) evade financial sanctions, export
controls, or import restrictions imposed by the
United States.
(F) An unclassified list of the top 100 businesses,
research institutions, or other entities of the
People's Republic of China that are developing
surveillance, smart cities, or related technologies
that are--
(i) exported to other countries,
undermining democracy worldwide; or
(ii) provided to the security services of
the People's Republic of China, enabling them
to commit severe human rights abuses in China.
(G) An unclassified list of the top 100 businesses
or other entities of the People's Republic of China
that are--
(i) operating in the genocide zone in
Xinjiang; or
(ii) supporting the Xinjiang Public
Security Bureau, the Xinjiang Bureau of the
Ministry of State Security, the People's Armed
Police, or the Xinjiang Production and
Construction Corps.
(H) A list of investment funds, public companies,
or private or early-stage firms of the People's
Republic of China that have received more than
$100,000,000 in capital flows from the United States
during the 10-year period preceding the date on which
the assessment is submitted.
(3) Preparation of assessments.--In preparing each
assessment required by paragraph (1), the working group shall
use open source documents in Chinese language and commercial
databases.
(4) Format.--An assessment required by paragraph (1) may be
submitted in the format of a National Intelligence Estimate.
(5) Form.--Each assessment required by paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(6) Publication.--The unclassified portion of each
assessment required by paragraph (1) shall be published on the
publicly accessible website of the Director of National
Intelligence.
(d) Briefings to Congress.--Not less frequently than quarterly, the
working group shall provide to Congress a classified briefing on the
economic and technological goals, strategies, and progress of the
People's Republic of China, especially on the information that cannot
be disclosed in the unclassified portion of an assessment required by
subsection (c)(1).
(e) Classified Analyses.--Each classified annex to an assessment
required by subsection (c)(1) or corresponding briefing provided under
subsection (d) shall include an analysis of--
(1) the vulnerabilities of the People's Republic of China,
disaggregated by economic sector, industry, and entity; and
(2) the technological or supply chain chokepoints of the
People's Republic of China that provide leverage to the United
States.
(f) Sunset.--This section shall cease to be effective on the date
that is 5 years after the date of the enactment of this Act.
SEC. 405. ANNUAL REPORT ON CONCENTRATED REEDUCATION CAMPS IN THE
XINJIANG UYGHUR AUTONOMOUS REGION OF THE PEOPLE'S
REPUBLIC OF CHINA.
(a) Definition of Covered Camp.--In this section, the term
``covered camp'' means a detention camp, prison, forced labor camp, or
forced labor factory located in the Xinjiang Uyghur Autonomous Region
of the People's Republic of China, referred to by the Government of the
People's Republic of China as ``concentrated reeducation camps'' or
``vocational training centers''.
(b) Annual Report Required.--Not later than 120 days after the date
of the enactment of this Act, and annually thereafter for 5 years, the
Director of National Intelligence, in consultation with such heads of
elements of the intelligence community as the Director considers
appropriate, shall submit to the congressional intelligence committees
a report on the status of covered camps.
(c) Elements.--Each report required by subsection (b) shall include
the following:
(1) An identification of the number and geographic location
of covered camps and an estimate of the number of victims
detained in covered camps.
(2) A description of--
(A) the types of personnel and equipment in covered
camps;
(B) the funding received by covered camps from the
Government of the People's Republic of China; and
(C) the role of the security services of the
People's Republic of China and the Xinjiang Production
and Construction Corps in enforcing atrocities at
covered camps.
(3) A comprehensive list of--
(A) the entities of the Xinjiang Production and
Construction Corps, including subsidiaries and
affiliated businesses, with respect to which sanctions
have been imposed by the United States;
(B) commercial activities of those entities outside
of the People's Republic of China; and
(C) other Chinese businesses, including in the
artificial intelligence, biotechnology, and
surveillance technology sectors, that are involved with
the atrocities in Xinjiang or supporting the policies
of the People's Republic of China in the region.
(d) Form.--Each report required by subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
(e) Publication.--The unclassified portion of each report required
by subsection (b) shall be published on the publicly accessible website
of the Office of the Director of National Intelligence.
SEC. 406. ASSESSMENTS OF PRODUCTION OF SEMICONDUCTORS BY THE PEOPLE'S
REPUBLIC OF CHINA.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, and annually thereafter for 3 years, the
Director of National Intelligence shall submit to the congressional
intelligence committees an assessment of progress by the People's
Republic of China in global competitiveness in the production of
semiconductors by Chinese firms.
(b) Elements.--Each assessment submitted under subsection (a) shall
include the following:
(1) The progress of the People's Republic of China toward
self-sufficiency in the supply of semiconductors for globally
competitive Chinese firms, including those firms competing in
the fields of artificial intelligence, cloud computing,
autonomous vehicles, next-generation and renewable energy, and
high-performance computing.
(2) Activity of Chinese firms with respect to the
procurement of semiconductor manufacturing equipment necessary
for the production of microelectronics below the 20 nanometer
process node, including any identified export diversion to
evade export controls.
(3) A comprehensive summary of unilateral and multilateral
export controls that Chinese semiconductor manufacturers have
been subject to in the year preceding the date on which the
assessment is submitted, as well as a description of the status
of export licenses issued by any export control authority
during that time period.
(4) Any observed stockpiling efforts by Chinese firms with
respect to semiconductor manufacturing equipment, substrate
materials, silicon wafers, or other necessary inputs for
semiconductor production.
(5) An analysis of the relative market share of different
Chinese semiconductor manufacturers at different process nodes
and the estimated increase or decrease of market share by that
manufacturer in each product category during the preceding
year.
(6) A comprehensive summary of recruitment activity of the
People's Republic of China targeting semiconductor
manufacturing engineers and managers from non-Chinese firms.
(7) An analysis of the capability of the workforce of the
People's Republic of China to design, produce, and manufacture
microelectronics below the 20 nanometer process node and
relevant equipment.
(c) Form of Assessments.--Each assessment submitted under
subsection (a) shall be submitted in unclassified form and include a
classified annex.
TITLE V--PERSONNEL AND SECURITY CLEARANCE MATTERS
SEC. 501. IMPROVING ONBOARDING OF PERSONNEL IN INTELLIGENCE COMMUNITY.
(a) Methodology.--The Director of National Intelligence shall
establish a methodology appropriate for all elements of the
intelligence community that can be used to measure, consistently and
reliably, the time it takes to onboard personnel, from time of
application to beginning performance of duties.
(b) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director shall submit to the
congressional intelligence committees a report on the time it
takes to onboard personnel in the intelligence community.
(2) Elements.--The report submitted under paragraph (1)
shall cover the mean and median time it takes to onboard
personnel in the intelligence community, disaggregated by mode
of onboarding and element of the intelligence community.
(c) Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director shall submit to the
congressional intelligence committees a plan to reduce the time
it takes to onboard personnel in the intelligence community,
for elements of the intelligence community that have median
onboarding times that exceed 180 days.
(2) Elements.--The plan submitted under paragraph (1) shall
include milestones to achieve certain specific goals with
respect to the mean, median, and mode time it takes to onboard
personnel in the elements of the intelligence community
described in such paragraph, disaggregated by element of the
intelligence community.
SEC. 502. IMPROVING ONBOARDING AT THE CENTRAL INTELLIGENCE AGENCY.
(a) Definition of Onboard Period.--In this section, the term
``onboard period'' means the period beginning on the date on which an
individual submits an application for employment with the Central
Intelligence Agency and the date on which the individual is formally
offered one or more entrance on duty dates.
(b) In General.--The Director of the Central Intelligence Agency
shall take such actions as the Director considers appropriate and
necessary to ensure that, by December 31, 2023, the median duration of
the onboard period for new employees at the Central Intelligence Agency
is equal to or less than 180 days.
SEC. 503. REPORT ON LEGISLATIVE ACTION REQUIRED TO IMPLEMENT TRUSTED
WORKFORCE 2.0 INITIATIVE.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Deputy Director for Management of the Office
of Management and Budget shall, in the Deputy Director's capacity as
the Chair of the Security, Suitability, and Credentialing Performance
Accountability Council pursuant to section 2.4 of Executive Order 13467
(50 U.S.C. 3161 note; relating to reforming processes related to
suitability for Government employment, fitness for contractor
employees, and eligibility for access to classified national security
information), submit to Congress a report on the legislative action
required to implement the Trusted Workforce 2.0 initiative.
(b) Contents.--The report submitted under subsection (a) shall
include the following:
(1) Specification of the statutes that require amendment in
order to implement the initiative described in subsection (a).
(2) For each statute specified under paragraph (1), an
indication of the priority for enactment of an amendment.
(3) For each statute specified under paragraph (1), a
description of the consequences if the statute is not amended.
SEC. 504. COMPTROLLER GENERAL OF THE UNITED STATES ASSESSMENT OF
ADMINISTRATION OF POLYGRAPHS IN INTELLIGENCE COMMUNITY.
(a) Assessment Required.--The Comptroller General of the United
States shall conduct an assessment of the administration of polygraph
evaluations that are needed in the intelligence community to meet
current annual mission demand.
(b) Elements.--The assessment completed under subsection (a) shall
include the following:
(1) Identification of the number of polygraphers currently
available at each element of the intelligence community to meet
the demand described in subsection (a).
(2) If the demand described in subsection (a) cannot be
met, an identification of the number of polygraphers that would
need to be hired and certified to meet it.
(c) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall brief the
congressional intelligence committees on the preliminary findings of
the Comptroller General with respect to the assessment conducted
pursuant to subsection (a).
(d) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit to the
committees described in subsection (c) a report on the findings of the
Comptroller General with respect to the assessment conducted pursuant
to subsection (a).
SEC. 505. TIMELINESS IN THE ADMINISTRATION OF POLYGRAPHS.
(a) Standards Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall, in the Director's capacity as the Security
Executive Agent pursuant to section 803(a) of the National
Security Act of 1947 (50 U.S.C. 3162a(a)), issue standards for
timeliness for Federal agencies to administer polygraphs
conducted for the purpose of--
(A) adjudicating decisions regarding eligibility
for access to classified information (as defined in the
procedures established pursuant to section 801(a) of
the National Security Act of 1947 (50 U.S.C. 3161(a)));
and
(B) granting reciprocity pursuant to Security
Executive Agent Directive 2, or successor directive.
(2) Publication.--The Director shall publish the standards
issued under paragraph (1) in the Federal Register or such
other venue as the Director considers appropriate.
(b) Implementation Plan Required.--Not later than 180 days after
the date of the enactment of this Act, the Director shall submit to
Congress an implementation plan for Federal agencies to comply with the
standards issued under subsection (a). Such plan shall specify the
resources required by Federal agencies to comply with such standards.
SEC. 506. POLICY ON SUBMITTAL OF APPLICATIONS FOR ACCESS TO CLASSIFIED
INFORMATION FOR CERTAIN PERSONNEL.
Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence shall, in the Director's
capacity as the Security Executive Agent pursuant to section 803(a) of
the National Security Act of 1947 (50 U.S.C. 3162a(a)), issue a policy
that allows a private person to submit a certain number or proportion
of applications, on a nonreimbursable basis, for employee access to
classified information for personnel who perform key management and
oversight functions who may not merit an application due to their work
under any one contract.
SEC. 507. PROHIBITION ON DENIAL OF ELIGIBILITY FOR ACCESS TO CLASSIFIED
INFORMATION SOLELY BECAUSE OF PREEMPLOYMENT USE OF
CANNABIS.
(a) Definitions.--In this section:
(1) Agency.--The term ``agency'' applies only to an element
of the intelligence community.
(2) Eligibility for access to classified information.--The
term ``eligibility for access to classified information'' has
the meaning given such term in the procedures established
pursuant to section 801(a) of the National Security Act of 1947
(50 U.S.C. 3161(a)).
(b) Prohibition.--Notwithstanding any other provision of law, the
head of an agency may not make a determination to deny an individual's
eligibility for access to classified information based solely on the
individual's preemployment use of cannabis.
SEC. 508. TECHNICAL CORRECTION REGARDING FEDERAL POLICY ON SHARING OF
COVERED INSIDER THREAT INFORMATION.
Section 806(b) of the Intelligence Authorization Act for Fiscal
Year 2022 (Public Law 117-103) is amended by striking ``contracting
agency'' and inserting ``contractor that employs the contractor
employee''.
SEC. 509. ESTABLISHING PROCESS PARITY FOR ADVERSE SECURITY CLEARANCE
AND ACCESS DETERMINATIONS.
Subparagraph (C) of section 3001(j)(4) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(4)) is amended
to read as follows:
``(C) Contributing factor.--
``(i) In general.--Subject to clause (iii),
in determining whether the adverse security
clearance or access determination violated
paragraph (1), the agency shall find that
paragraph (1) was violated if the individual
has demonstrated that a disclosure described in
paragraph (1) was a contributing factor in the
adverse security clearance or access
determination taken against the individual.
``(ii) Circumstantial evidence.--An
individual under clause (i) may demonstrate
that the disclosure was a contributing factor
in the adverse security clearance or access
determination taken against the individual
through circumstantial evidence, such as
evidence that--
``(I) the official making the
determination knew of the disclosure;
and
``(II) the determination occurred
within a period such that a reasonable
person could conclude that the
disclosure was a contributing factor in
the determination.
``(iii) Defense.--In determining whether
the adverse security clearance or access
determination violated paragraph (1), the
agency shall not find that paragraph (1) was
violated if, after a finding that a disclosure
was a contributing factor, the agency
demonstrates by clear and convincing evidence
that it would have made the same security
clearance or access determination in the
absence of such disclosure.''.
SEC. 510. ELIMINATION OF CAP ON COMPENSATORY DAMAGES FOR RETALIATORY
REVOCATION OF SECURITY CLEARANCES AND ACCESS
DETERMINATIONS.
Section 3001(j)(4)(B) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(j)(4)(B)) is amended, in the
second sentence, by striking ``not to exceed $300,000''.
SEC. 511. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON USE OF
GOVERNMENT AND INDUSTRY SPACE CERTIFIED AS SECURE
COMPARTMENTED INFORMATION FACILITIES.
Not later than 180 days after the date of the enactment of this
Act, the Comptroller General of the United States shall submit to
Congress a report on the average annual utilization of Federal
Government and industry space certified as a secure compartmented
information facility under intelligence community or Department of
Defense policy.
TITLE VI--INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY
SEC. 601. SUBMITTAL OF COMPLAINTS AND INFORMATION BY WHISTLEBLOWERS IN
THE INTELLIGENCE COMMUNITY TO CONGRESS.
(a) Amendments to Inspector General Act of 1978.--
(1) Appointment of security officers.--Section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(A) by redesignating subsection (h) as subsection
(i); and
(B) by inserting after subsection (g) the
following:
``(h) Appointment of Security Officers.--Each Inspector General
under this section, including the designees of the Inspector General of
the Department of Defense pursuant to subsection (a)(3), shall appoint
within their offices security officers to provide, on a permanent
basis, confidential, security-related guidance and direction to an
employee of their respective establishment, an employee assigned or
detailed to such establishment, or an employee of a contractor of such
establishment who intends to report to Congress a complaint or
information, so that such employee can obtain direction on how to
report to Congress in accordance with appropriate security
practices.''.
(2) Procedures.--Subsection (d) of such section is
amended--
(A) in paragraph (1), by inserting ``or any other
committee of jurisdiction of the Senate or the House of
Representatives'' after ``either or both of the
intelligence committees'';
(B) by amending paragraph (2) to read as follows:
``(2)(A) Except as provided in subparagraph (B), the
employee may contact an intelligence committee or another
committee of jurisdiction directly as described in paragraph
(1) of this subsection or in subsection (a)(4) only if the
employee--
``(i) before making such a contact, furnishes to
the head of the establishment, through the Inspector
General (or designee), a statement of the employee's
complaint or information and notice of the employee's
intent to contact an intelligence committee or another
committee of jurisdiction of the Senate or the House of
Representatives directly; and
``(ii)(I) obtains and follows from the head of the
establishment, through the Inspector General (or
designee), procedural direction on how to contact an
intelligence committee or another committee of
jurisdiction of the Senate or the House of
Representatives in accordance with appropriate security
practices; or
``(II) obtains and follows such procedural
direction from the applicable security officer
appointed under subsection (h).
``(B) If an employee seeks procedural direction
under subparagraph (A)(ii) and does not receive such
procedural direction within 30 days, or receives
insufficient direction to report to Congress a
complaint or information, the employee may contact an
intelligence committee or any other committee of
jurisdiction of the Senate or the House of
Representatives directly without obtaining or following
the procedural direction otherwise required under such
subparagraph.''; and
(C) by redesignating paragraph (3) as paragraph
(4); and
(D) by inserting after paragraph (2) the following:
``(3) An employee of an element of the intelligence
community who intends to report to Congress a complaint or
information may report such complaint or information to the
Chairman and Vice Chairman or Ranking Member, as the case may
be, of an intelligence committee or another committee of
jurisdiction of the Senate or the House of Representatives, a
nonpartisan member of the committee staff designated for
purposes of receiving complaints or information under this
section, or a member of the majority staff and a member of the
minority staff of the committee.''.
(3) Clarification of right to report directly to
congress.--Subsection (a) of such section is amended by adding
at the end the following:
``(4) Subject to paragraphs (2) and (3) of subsection (d),
an employee of an element of the intelligence community who
intends to report to Congress a complaint or information may
report such complaint or information directly to Congress,
regardless of whether the complaint or information is with
respect to an urgent concern--
``(A) in lieu of reporting such complaint or
information under paragraph (1); or
``(B) in addition to reporting such complaint or
information under paragraph (1).''.
(b) Amendments to National Security Act of 1947.--
(1) Appointment of security officers.--Section 103H(j) of
the National Security Act of 1947 (50 U.S.C. 3033(j)) is
amended by adding at the end the following:
``(5) The Inspector General shall appoint within the Office
of the Inspector General security officers as required by
subsection (h) of section 8H of the Inspector General Act of
1978 (5 U.S.C. App.).''.
(2) Procedures.--Subparagraph (D) of section 103H(k)(5) of
such Act (50 U.S.C. 3033(k)(5)) is amended--
(A) in clause (i), by inserting ``or any other
committee of jurisdiction of the Senate or the House of
Representatives'' after ``either or both of the
congressional intelligence committees'';
(B) by amending clause (ii) to read as follows:
``(ii)(I) Except as provided in subclause
(II), an employee may contact a congressional
intelligence committee or another committee of
jurisdiction directly as described in clause
(i) only if the employee--
``(aa) before making such a
contact, furnishes to the Director,
through the Inspector General, a
statement of the employee's complaint
or information and notice of the
employee's intent to contact a
congressional intelligence committee or
another committee of jurisdiction of
the Senate or the House of
Representatives directly; and
``(bb)(AA) obtains and follows from
the Director, through the Inspector
General, procedural direction on how to
contact a congressional intelligence
committee or another committee of
jurisdiction of the Senate or the House
of Representatives in accordance with
appropriate security practices; or
``(BB) obtains and follows such
procedural direction from the
applicable security officer appointed
under section 8H(h) of the Inspector
General Act of 1978 (5 U.S.C. App.).
``(II) If an employee seeks
procedural direction under subclause
(I)(bb) and does not receive such
procedural direction within 30 days, or
receives insufficient direction to
report to Congress a complaint or
information, the employee may contact a
congressional intelligence committee or
any other committee of jurisdiction of
the Senate or the House of
Representatives directly without
obtaining or following the procedural
direction otherwise required under such
subclause.'';
(C) by redesignating clause (iii) as clause (iv);
and
(D) by inserting after clause (ii) the following:
``(iii) An employee of an element of the
intelligence community who intends to report to
Congress a complaint or information may report
such complaint or information to the Chairman
and Vice Chairman or Ranking Member, as the
case may be, of a congressional intelligence
committee or another committee of jurisdiction
of the Senate or the House of Representatives,
a nonpartisan member of the committee staff
designated for purposes of receiving complaints
or information under this section, or a member
of the majority staff and a member of the
minority staff of the committee.''.
(3) Clarification of right to report directly to
congress.--Subparagraph (A) of such section is amended--
(A) by inserting ``(i)'' before ``An employee of'';
and
(B) by adding at the end the following:
``(ii) Subject to clauses (ii) and (iii) of
subparagraph (D), an employee of an element of
the intelligence community who intends to
report to Congress a complaint or information
may report such complaint or information
directly to Congress, regardless of whether the
complaint or information is with respect to an
urgent concern--
``(I) in lieu of reporting such
complaint or information under clause
(i); or
``(II) in addition to reporting
such complaint or information under
clause (i).''.
(c) Amendments to the Central Intelligence Agency Act of 1949.--
(1) Appointment of security officers.--Section 17(d)(5) of
the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(d)(5)) is amended by adding at the end the following:
``(I) The Inspector General shall
appoint within the Office of the
Inspector General security officers as
required by subsection (h) of section
8H of the Inspector General Act of 1978
(5 U.S.C. App.).''.
(2) Procedures.--Subparagraph (D) of such section is
amended--
(A) in clause (i), by inserting ``or any other
committee of jurisdiction of the Senate or the House of
Representatives'' after ``either or both of the
intelligence committees'';
(B) by amending clause (ii) to read as follows:
``(ii)(I) Except as provided in subclause
(II), an employee may contact an intelligence
committee or another committee of jurisdiction
directly as described in clause (i) only if the
employee--
``(aa) before making such a
contact, furnishes to the Director,
through the Inspector General, a
statement of the employee's complaint
or information and notice of the
employee's intent to contact an
intelligence committee or another
committee of jurisdiction of the Senate
or the House of Representatives
directly; and
``(bb)(AA) obtains and follows from
the Director, through the Inspector
General, procedural direction on how to
contact an intelligence committee or
another committee of jurisdiction of
the Senate or the House of
Representatives in accordance with
appropriate security practices; or
``(BB) obtains and follows such
procedural direction from the
applicable security officer appointed
under section 8H(h) of the Inspector
General Act of 1978 (5 U.S.C. App.).
``(II) If an employee seeks
procedural direction under subclause
(I)(bb) and does not receive such
procedural direction within 30 days, or
receives insufficient direction to
report to Congress a complaint or
information, the employee may contact
an intelligence committee or another
committee of jurisdiction of the Senate
or the House of Representatives
directly without obtaining or following
the procedural direction otherwise
required under such subclause.'';
(C) by redesignating clause (iii) as clause (iv);
and
(D) by inserting after clause (ii) the following:
``(iii) An employee of the Agency who
intends to report to Congress a complaint or
information may report such complaint or
information to the Chairman and Vice Chairman
or Ranking Member, as the case may be, of an
intelligence committee or another committee of
jurisdiction of the Senate or the House of
Representatives, a nonpartisan member of the
committee staff designated for purposes of
receiving complaints or information under this
section, or a member of the majority staff and
a member of the minority staff of the
committee.''.
(3) Clarification of right to report directly to
congress.--Subparagraph (A) of such section is amended--
(A) by inserting ``(i)'' before ``An employee of'';
and
(B) by adding at the end the following:
``(ii) Subject to clauses (ii) and (iii) of
subparagraph (D), an employee of the Agency who
intends to report to Congress a complaint or
information may report such complaint or
information directly to Congress, regardless of
whether the complaint or information is with
respect to an urgent concern--
``(I) in lieu of reporting such
complaint or information under clause
(i); or
``(II) in addition to reporting
such complaint or information under
clause (i).''.
(d) Rule of Construction.--Nothing in this section or an amendment
made by this section shall be construed to revoke or diminish any right
of an individual provided by section 2303 of title 5, United States
Code.
SEC. 602. MODIFICATION OF WHISTLEBLOWER PROTECTIONS FOR CONTRACTOR
EMPLOYEES IN INTELLIGENCE COMMUNITY.
Section 1104(c)(1)(A) of the National Security Act of 1947 (50
U.S.C. 3234(c)(1)(A)) is amended by inserting ``a supervisor of the
employing agency with responsibility for the subject matter of the
disclosure,'' after ``chain of command,''.
SEC. 603. PROHIBITION AGAINST DISCLOSURE OF WHISTLEBLOWER IDENTITY AS
REPRISAL AGAINST WHISTLEBLOWER DISCLOSURE BY EMPLOYEES
AND CONTRACTORS IN INTELLIGENCE COMMUNITY.
(a) In General.--Section 1104 of the National Security Act of 1947
(50 U.S.C. 3234) is amended--
(1) in subsection (a)(3) of such section--
(A) in subparagraph (I), by striking ``; or'' and
inserting a semicolon;
(B) by redesignating subparagraph (J) as
subparagraph (K); and
(C) by inserting after subparagraph (I) the
following:
``(J) a knowing and willful disclosure revealing
the identity or other personally identifiable
information of an employee or contractor employee;
or'';
(2) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(3) by inserting after subsection (e) the following:
``(f) Personnel Actions Involving Disclosures of Whistleblower
Identity.--A personnel action described in subsection (a)(3)(J) shall
not be considered in violation of subsection (b) or (c) under the
following circumstances:
``(1) The personnel action was taken with the express
consent of the employee or contractor employee.
``(2) An Inspector General with oversight responsibility
for a covered intelligence community element determines that--
``(A) the personnel action was unavoidable under
section 103H(g)(3)(A) of this Act (50 U.S.C.
3033(g)(3)(A)), section 17(e)(3)(A) of the Central
Intelligence Agency Act of 1949 (50 U.S.C.
3517(e)(3)(A)), section 7(b) of the Inspector General
Act of 1978 (5 U.S.C. App.), or section 8M(b)(2)(B) of
the Inspector General Act of 1978 (5 U.S.C. App.);
``(B) the personnel action was made to an official
of the Department of Justice responsible for
determining whether a prosecution should be undertaken;
or
``(C) the personnel action was required by statute
or an order from a court of competent jurisdiction.''.
(b) Applicability to Detailees.--Subsection (a) of section 1104 of
such Act (50 U.S.C. 3234) is amended by adding at the end the
following:
``(5) Employee.--The term `employee', with respect to an
agency or a covered intelligence community element, includes an
individual who has been detailed to such agency or covered
intelligence community element.''.
(c) Private Right of Action for Unlawful Disclosure of
Whistleblower Identity.--Subsection (g) of such section, as
redesignated by subsection (a)(2) of this section, is amended to read
as follows:
``(g) Enforcement.--
``(1) In general.--Except as otherwise provided in this
subsection, the President shall provide for the enforcement of
this section.
``(2) Harmonization with other enforcement.--To the fullest
extent possible, the President shall provide for enforcement of
this section in a manner that is consistent with the
enforcement of section 2302(b)(8) of title 5, United States
Code, especially with respect to policies and procedures used
to adjudicate alleged violations of such section.
``(3) Private right of action for disclosures of
whistleblower identity in violation of prohibition against
reprisals.--Subject to paragraph (4), in a case in which an
employee of an agency takes a personnel action described in
subsection (a)(3)(J) against an employee of a covered
intelligence community element as a reprisal in violation of
subsection (b) or in a case in which an employee or contractor
employee takes a personnel action described in subsection
(a)(3)(J) against another contractor employee as a reprisal in
violation of subsection (c), the employee or contractor
employee against whom the personnel action was taken may,
consistent with section 1221 of title 5, United States Code,
bring a private action for all appropriate remedies, including
injunctive relief and compensatory and punitive damages, in an
amount not to exceed $250,000, against the agency of the
employee or contracting agency of the contractor employee who
took the personnel action, in a Federal district court of
competent jurisdiction.
``(4) Requirements.--
``(A) Review by inspector general and by external
review panel.--Before the employee or contractor
employee may bring a private action under paragraph
(3), the employee or contractor employee shall exhaust
administrative remedies by--
``(i) first, obtaining a disposition of
their claim by requesting review of the
appropriate inspector general; and
``(ii) second, if the review under clause
(i) does not substantiate reprisal, by
submitting to the Inspector General of the
Intelligence Community a request for a review
of the claim by an external review panel under
section 1106.
``(B) Period to bring action.--The employee or
contractor employee may bring a private right of action
under paragraph (3) during the 180-day period beginning
on the date on which the employee or contractor
employee is notified of the final disposition of their
claim under section 1106.''.
SEC. 604. DEFINITIONS REGARDING WHISTLEBLOWER COMPLAINTS AND
INFORMATION OF URGENT CONCERN RECEIVED BY INSPECTORS
GENERAL OF THE INTELLIGENCE COMMUNITY.
(a) National Security Act of 1947.--Section 103H(k)(5)(G)(i)(I) of
the National Security Act of 1947 (50 U.S.C. 3033(k)(5)(G)(i)(I)) is
amended by striking ``within the'' and all that follows through
``policy matters.'' and inserting the following: ``of the Federal
Government that is--
``(aa) a matter of national
security; and
``(bb) not a difference of
opinion concerning public
policy matters.''.
(b) Inspector General Act of 1978.--Section 8H(h)(1)(A)(i) of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking
``involving'' and all that follows through ``policy matters.'' and
inserting the following: ``of the Federal Government that is--
``(I) a matter of national
security; and
``(II) not a difference of opinion
concerning public policy matters.''.
(c) Central Intelligence Agency Act of 1949.--Section
17(d)(5)(G)(i)(I)(aa) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3517(d)(5)(G)(i)(I)(aa)) is amended by striking
``involving'' and all that follows through ``policy matters.'' and
inserting the following: ``of the Federal Government that is--
``(AA) a matter of
national security; and
``(BB) not a
difference of opinion
concerning public
policy matters.''.
TITLE VII--OTHER MATTERS
SEC. 701. IMPROVEMENTS RELATING TO CONTINUITY OF PRIVACY AND CIVIL
LIBERTIES OVERSIGHT BOARD MEMBERSHIP.
Paragraph (4) of section 1061(h) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(h)) is amended to
read as follows:
``(4) Term.--
``(A) Commencement.--Each member of the Board shall
serve a term of 6 years, commencing on the date of the
appointment of the member to the Board.
``(B) Reappointment.--A member may be reappointed
to one or more additional terms.
``(C) Vacancy.--A vacancy on the Board shall be
filled in the manner in which the original appointment
was made.
``(D) Extension.--Upon the expiration of the term
of office of a member, the member may continue to
serve, at the election of the member--
``(i) during the period preceding the
reappointment of the member pursuant to
subparagraph (B); or
``(ii) until the member's successor has
been appointed and qualified.''.
SEC. 702. REPORT BY PUBLIC INTEREST DECLASSIFICATION BOARD.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Public Interest Declassification Board
established by section 703(a) of the Public Interest Declassification
Act of 2000 (50 U.S.C. 3355a(a)) shall submit to Congress a report
containing the following:
(1) Recommendations to improve the effectiveness of the
Information Security Oversight Office (ISOO), including with
respect to the following:
(A) The placement of the office as a component of
the National Archives and Records Administration or
other options.
(B) The amount of resources required by the office
to perform its missions.
(C) The advisability of authorizing the office in
statute.
(2) Recommendations for improving Executive Order 13526 (50
U.S.C. 3161 note; relating to classified national security
information).
(3) Such updates as the Board may have to its report of May
2020 entitled ``A Vision for the Digital Age: Modernization of
the U.S. National Security Classification and Declassification
System'', including the recommendation to designate the
Director of National Intelligence as the executive agent for
the Federal Government for declassification.
(b) Form.--The report submitted under subsection (a) shall be
submitted in unclassified form that is suitable for release to the
public.
SEC. 703. MODIFICATION OF REQUIREMENT FOR OFFICE TO ADDRESS
UNIDENTIFIED AEROSPACE-UNDERSEA PHENOMENA.
(a) In General.--Section 1683 of the National Defense Authorization
Act for Fiscal Year 2022 (50 U.S.C. 3373) is amended to read as
follows:
``SEC. 1683. ESTABLISHMENT OF UNIDENTIFIED AEROSPACE-UNDERSEA PHENOMENA
JOINT PROGRAM OFFICE.
``(a) Establishment of Office.--
``(1) In general.--Not later than 120 days after the date
of the enactment of the Intelligence Authorization Act for
Fiscal Year 2023, the Secretary of Defense, in coordination
with the Director of National Intelligence, shall establish an
office within a component of the Office of the Secretary of
Defense, or within a joint organization of the Department of
Defense and the Office of the Director of National
Intelligence, to carry out the duties of the Unidentified
Aerial Phenomena Task Force, as in effect on December 26, 2021,
and such other duties as are required by this section,
including those pertaining to--
``(A) transmedium objects or devices and
unidentified aerospace-undersea phenomena;
``(B) space, atmospheric, and water domains; and
``(C) currently unknown technology and other
domains.
``(2) Designation.--The office established under paragraph
(1) shall be known as the `Unidentified Aerospace-Undersea
Phenomena Joint Program Office' (in this section referred to as
the `Office').
``(b) Director and Deputy Director of the Office.--
``(1) Appointment of director.--The head of the Office
shall be the Director of the Unidentified Aerospace-Undersea
Phenomena Joint Program Office (in this section referred to as
the `Director of the Office'), who shall be appointed by the
Secretary of Defense.
``(2) Appointment of deputy director.--There shall be in
the Office a Deputy Director of the Unidentified Aerospace-
Undersea Phenomena Joint Program Office (in this section
referred to as the `Deputy Director of the Office'), who shall
be appointed by the Director of National Intelligence.
``(3) Reporting.--(A) The Director of the Office shall
report to the Secretary of Defense.
``(B) The Deputy Director of the Office shall report--
``(i) to the Secretary of Defense and the Director
of National Intelligence on all administrative matters
of the Office; and
``(ii) to the Secretary of Defense on all
operational matters of the Office.
``(c) Duties.--The duties of the Office shall include the
following:
``(1) Developing procedures to synchronize and standardize
the collection, reporting, and analysis of incidents, including
adverse physiological effects, regarding unidentified
aerospace-undersea phenomena across the Department of Defense
and the intelligence community, in consultation with the
Director of National Intelligence, and submitting a report on
such procedures to the congressional defense committees, the
congressional intelligence committees, and congressional
leadership.
``(2) Developing processes and procedures to ensure that
such incidents from each component of the Department and each
element of the intelligence community are reported and
incorporated in a centralized repository.
``(3) Establishing procedures to require the timely and
consistent reporting of such incidents.
``(4) Evaluating links between unidentified aerospace-
undersea phenomena and adversarial foreign governments, other
foreign governments, or nonstate actors.
``(5) Evaluating the threat that such incidents present to
the United States.
``(6) Coordinating with other departments and agencies of
the Federal Government, as appropriate, including the Federal
Aviation Administration, the National Aeronautics and Space
Administration, the Department of Homeland Security, the
National Oceanic and Atmospheric Administration, the National
Science Foundation, and the Department of Energy.
``(7) Coordinating with allies and partners of the United
States, as appropriate, to better assess the nature and extent
of unidentified aerospace-undersea phenomena.
``(8) Preparing reports for Congress, in both classified
and unclassified form, including under subsection (j).
``(9) Ensuring that appropriate elements of the
intelligence community receive all reports received by the
Office regarding a temporary nonattributed object or an object
that is positively identified as man-made, including by
creating a procedure to ensure that the Office refers such
reports to an appropriate element of the intelligence community
for distribution among other relevant elements of the
intelligence community, in addition to the reports in the
repository described in paragraph (2).
``(d) Response to and Field Investigations of Unidentified
Aerospace-undersea Phenomena.--
``(1) Designation.--The Secretary, in coordination with the
Director of National Intelligence, shall designate one or more
line organizations within the Department of Defense and the
intelligence community that possess appropriate expertise,
authorities, accesses, data, systems, platforms, and
capabilities to rapidly respond to, and conduct field
investigations of, incidents involving unidentified aerospace-
undersea phenomena under the direction of the Director of the
Office.
``(2) Ability to respond.--The Secretary, in coordination
with the Director of National Intelligence, shall ensure that
each line organization designated under paragraph (1) has
adequate personnel with the requisite expertise, equipment,
transportation, and other resources necessary to respond
rapidly to incidents or patterns of observations involving
unidentified aerospace-undersea phenomena of which the Office
becomes aware.
``(e) Scientific, Technological, and Operational Analyses of Data
on Unidentified Aerospace-undersea Phenomena.--
``(1) Designation.--The Secretary, in coordination with the
Director of National Intelligence, shall designate one or more
line organizations that will be primarily responsible for
scientific, technical, and operational analysis of data
gathered by field investigations conducted pursuant to
subsection (d) and data from other sources, including with
respect to the testing of materials, medical studies, and
development of theoretical models, to better understand and
explain unidentified aerospace-undersea phenomena.
``(2) Authority.--The Secretary and the Director of
National Intelligence shall each issue such directives as are
necessary to ensure that each line organization designated
under paragraph (1) has authority to draw on the special
expertise of persons outside the Federal Government with
appropriate security clearances.
``(f) Data; Intelligence Collection.--
``(1) Availability of data and reporting on unidentified
aerospace-undersea phenomena.--The Director of National
Intelligence and the Secretary shall each, in coordination with
one another, ensure that--
``(A) each element of the intelligence community
with data relating to unidentified aerospace-undersea
phenomena makes such data available immediately to the
Office; and
``(B) military and civilian personnel of the
Department of Defense or an element of the intelligence
community, and contractor personnel of the Department
or such an element, have access to procedures by which
the personnel shall report incidents or information,
including adverse physiological effects, involving or
associated with unidentified aerospace-undersea
phenomena directly to the Office.
``(2) Intelligence collection and analysis plan.--The
Director of the Office, acting on behalf of the Secretary of
Defense and the Director of National Intelligence, shall
supervise the development and execution of an intelligence
collection and analysis plan to gain as much knowledge as
possible regarding the technical and operational
characteristics, origins, and intentions of unidentified
aerospace-undersea phenomena, including with respect to the
development, acquisition, deployment, and operation of
technical collection capabilities necessary to detect,
identify, and scientifically characterize unidentified
aerospace-undersea phenomena.
``(3) Use of resources and capabilities.--In developing the
plan under paragraph (2), the Director of the Office shall
consider and propose, as the Director of the Office determines
appropriate, the use of any resource, capability, asset, or
process of the Department and the intelligence community.
``(4) Director of the national geospatial-intelligence
agency.--
``(A) Leadership.--The Director of the National
Geospatial-Intelligence Agency shall lead the
collection efforts of the intelligence community with
respect to unidentified aerospace-undersea phenomena
geospatial intelligence.
``(B) Briefings.--Not later than 90 days after the
date of the enactment of the Intelligence Authorization
Act for Fiscal Year 2023 and not less frequently than
once every 90 days thereafter, the Director shall brief
the congressional defense committees, the congressional
intelligence committees, and congressional leadership
on the activities of the Director under this paragraph.
``(g) Science Plan.--The Director of the Office, on behalf of the
Secretary and the Director of National Intelligence, shall supervise
the development and execution of a science plan to develop and test, as
practicable, scientific theories to--
``(1) account for characteristics and performance of
unidentified aerospace-undersea phenomena that exceed the known
state of the art in science or technology, including in the
areas of propulsion, aerodynamic control, signatures,
structures, materials, sensors, countermeasures, weapons,
electronics, and power generation; and
``(2) provide the foundation for potential future
investments to replicate or otherwise better understand any
such advanced characteristics and performance.
``(h) Assignment of Priority.--The Director of National
Intelligence, in consultation with, and with the recommendation of the
Secretary, shall assign an appropriate level of priority within the
National Intelligence Priorities Framework to the requirement to
understand, characterize, and respond to unidentified aerospace-
undersea phenomena.
``(i) Core Group.--Not later than 180 days after the date of the
enactment of the Intelligence Authorization Act for Fiscal Year 2023,
the Director of the Office, the Secretary of Defense, and the Director
of National Intelligence shall jointly establish a core group within
the Office that shall include, at a minimum, representatives with all
relevant and appropriate security clearances from the following:
``(1) The Central Intelligence Agency.
``(2) The National Security Agency.
``(3) The Department of Energy.
``(4) The National Reconnaissance Office.
``(5) The Air Force.
``(6) The Space Force.
``(7) The Defense Intelligence Agency.
``(8) The National Geospatial-Intelligence Agency.
``(j) Annual Reports.--
``(1) Reports from director of national intelligence.--
``(A) Requirement.--Not later than 180 days after
the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2023, and annually
thereafter for 4 years, the Director of National
Intelligence, in consultation with the Secretary, shall
submit to the appropriate congressional committees a
report on unidentified aerospace-undersea phenomena.
``(B) Elements.--Each report under subparagraph (A)
shall include, with respect to the year covered by the
report, the following information:
``(i) All reported unidentified aerospace-
undersea phenomena-related events that occurred
during the one-year period.
``(ii) All reported unidentified aerospace-
undersea phenomena-related events that occurred
during a period other than that one-year period
but were not included in an earlier report.
``(iii) An analysis of data and
intelligence received through each reported
unidentified aerospace-undersea phenomena-
related event.
``(iv) An analysis of data relating to
unidentified aerospace-undersea phenomena
collected through--
``(I) geospatial intelligence;
``(II) signals intelligence;
``(III) human intelligence; and
``(IV) measurement and signature
intelligence.
``(v) The number of reported incidents of
unidentified aerospace-undersea phenomena over
restricted airspace of the United States during
the one-year period.
``(vi) An analysis of such incidents
identified under clause (v).
``(vii) Identification of potential
aerospace or other threats posed by
unidentified aerospace-undersea phenomena to
the national security of the United States.
``(viii) An assessment of any activity
regarding unidentified aerospace-undersea
phenomena that can be attributed to one or more
adversarial foreign governments.
``(ix) Identification of any incidents or
patterns regarding unidentified aerospace-
undersea phenomena that indicate a potential
adversarial foreign government may have
achieved a breakthrough aerospace capability.
``(x) An update on the coordination by the
United States with allies and partners on
efforts to track, understand, and address
unidentified aerospace-undersea phenomena.
``(xi) An update on any efforts underway on
the ability to capture or exploit discovered
unidentified aerospace-undersea phenomena.
``(xii) An assessment of any health related
effects for individuals that have encountered
unidentified aerospace-undersea phenomena.
``(xiii) The number of reported incidents,
and descriptions thereof, of unidentified
aerospace-undersea phenomena associated with
military nuclear assets, including strategic
nuclear weapons and nuclear-powered ships and
submarines.
``(xiv) In consultation with the
Administrator for Nuclear Security, the number
of reported incidents, and descriptions
thereof, of unidentified aerospace-undersea
phenomena associated with facilities or assets
associated with the production, transportation,
or storage of nuclear weapons or components
thereof.
``(xv) In consultation with the Chairman of
the Nuclear Regulatory Commission, the number
of reported incidents, and descriptions
thereof, of unidentified aerospace-undersea
phenomena or drones of unknown origin
associated with nuclear power generating
stations, nuclear fuel storage sites, or other
sites or facilities regulated by the Nuclear
Regulatory Commission.
``(xvi) The names of the line organizations
that have been designated to perform the
specific functions under subsections (d) and
(e), and the specific functions for which each
such line organization has been assigned
primary responsibility.
``(C) Form.--Each report submitted under
subparagraph (A) shall be submitted in unclassified
form, but may include a classified annex.
``(2) Reports from elements of intelligence community.--Not
later than one year after the date of enactment of the
Intelligence Authorization Act for Fiscal Year 2023, and
annually thereafter, each head of an element of the
intelligence community shall submit to the congressional
defense committees, the congressional intelligence committees,
and congressional leadership a report on the activities of the
element of the head undertaken in the past year to support the
Office, including a section prepared by the Office that
includes a detailed description of the coordination between the
Office and the element of the intelligence community, any
concerns with such coordination, and any recommendations for
improving such coordination.
``(k) Semiannual Briefings.--
``(1) Requirement.--Not later than December 31, 2022, and
not less frequently than semiannually thereafter until December
31, 2026, the Director of the Office shall provide to the
congressional committees specified in subparagraphs (A), (B),
and (D) of subsection (o)(1) classified briefings on
unidentified aerospace-undersea phenomena.
``(2) First briefing.--The first briefing provided under
paragraph (1) shall include all incidents involving
unidentified aerospace-undersea phenomena that were reported to
the Unidentified Aerial Phenomena Task Force or to the Office
established under subsection (a) after June 24, 2021,
regardless of the date of occurrence of the incident.
``(3) Subsequent briefings.--Each briefing provided
subsequent to the first briefing described in paragraph (2)
shall include, at a minimum, all events relating to
unidentified aerospace-undersea phenomena that occurred during
the previous 180 days, and events relating to unidentified
aerospace-undersea phenomena that were not included in an
earlier briefing.
``(4) Instances in which data was not shared.--For each
briefing period, the Director of the Office shall jointly
provide to the chairman or chair and the ranking member or vice
chairman of the congressional committees specified in
subparagraphs (A) and (D) of subsection (o)(1) an enumeration
of any instances in which data relating to unidentified
aerospace-undersea phenomena was not provided to the Office
because of classification restrictions on that data or for any
other reason.
``(l) Quarterly Briefings.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the Intelligence Authorization Act for
Fiscal Year 2023, and not less frequently than once every 90
days thereafter, the Director of the Office shall provide the
congressional defense committees, the congressional
intelligence committees, and congressional leadership briefings
on unidentified aerospace-undersea phenomena events.
``(2) Elements.--The briefings provided under paragraph (1)
shall include the following:
``(A) A continuously updated compendium of
unidentified aerospace-undersea phenomena events.
``(B) Details about each sighting that has occurred
within the past 90 days and the status of each
sighting's resolution.
``(C) Updates on the Office's collection activities
and posture, analysis, and research.
``(m) Authorization of Appropriations.--There is authorized to be
appropriated such sums as may be necessary to carry out the work of the
Office, including with respect to--
``(1) general intelligence gathering and intelligence
analysis; and
``(2) strategic defense, space defense, defense of
controlled air space, defense of ground, air, or naval assets,
and related purposes.
``(n) Task Force Termination.--Not later than the date on which the
Secretary establishes the Office under subsection (a), the Secretary
shall terminate the Unidentified Aerial Phenomena Task Force.
``(o) Definitions.--In this section:
``(1) The term `appropriate congressional committees' means
the following:
``(A) The Committees on Armed Services of the
Senate and the House of Representatives.
``(B) The Committees on Appropriations of the
Senate and the House of Representatives.
``(C) The Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
``(D) The Select Committee on Intelligence of the
Senate and the Permanent Select Committee on
Intelligence of the House of Representatives.
``(2) The term `congressional defense committees' has the
meaning given such term in section 101(a) of title 10, United
States Code.
``(3) 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).
``(4) The term `congressional leadership' means--
``(A) the majority leader of the Senate;
``(B) the minority leader of the Senate;
``(C) the Speaker of the House of Representatives;
and
``(D) the minority leader of the House of
Representatives.
``(5) 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).
``(6) The term `line organization' means, with respect to a
department or agency of the Federal Government, an organization
that executes programs and activities to directly advance the
core functions and missions of the department or agency to
which the organization is subordinate, but, with respect to the
Department of Defense, does not include a component of the
Office of the Secretary of Defense.
``(7) The term `transmedium objects or devices' means
objects or devices that are--
``(A) observed to transition between space and the
atmosphere, or between the atmosphere and bodies of
water; and
``(B) not immediately identifiable.
``(8) The term `unidentified aerospace-undersea
phenomena'--
``(A) means--
``(i) airborne objects that are not
immediately identifiable;
``(ii) transmedium objects or devices; and
``(iii) submerged objects or devices that
are not immediately identifiable and that
display behavior or performance characteristics
suggesting that the objects or devices may be
related to the objects or devices described in
subparagraph (A) or (B); and
``(B) does not include temporary nonattributed
objects or those that are positively identified as man-
made.''.
(b) Delegation of Duties of Director of National Intelligence.--Not
later than 180 days after the date of the enactment of this Act, the
Director of National Intelligence shall select a full-time equivalent
employee of the intelligence community and delegate to such employee
the responsibilities of the Director under section 1683 of such Act (50
U.S.C. 3373), as amended by subsection (a).
(c) Clerical Amendment.--The table of contents in section 2(b) of
such Act is amended by striking the item relating to section 1683 of
division A and inserting the following new item:
``Sec. 1683. Establishment of Unidentified Aerospace-Undersea Phenomena
Joint Program Office.''.
SEC. 704. UNIDENTIFIED AEROSPACE-UNDERSEA PHENOMENA REPORTING
PROCEDURES.
(a) Authorization for Reporting.--Notwithstanding the terms of any
nondisclosure written or oral agreement, order, or other
instrumentality or means, that could be interpreted as a legal
constraint on reporting by a witness of an unidentified aerospace-
undersea phenomena, reporting in accordance with the system established
under subsection (b) is hereby authorized and shall be deemed to comply
with any regulation or order issued under the authority of Executive
Order 13526 (50 U.S.C. 3161 note; relating to classified national
security information) or chapter 18 of the Atomic Energy Act of 1954
(42 U.S.C. 2271 et seq.).
(b) System for Reporting.--
(1) Establishment.--The head of the Office, on behalf of
the Secretary of Defense and the Director of National
Intelligence, shall establish a secure system for receiving
reports of--
(A) any event relating to unidentified aerospace-
undersea phenomena; and
(B) any Government or Government contractor
activity or program related to unidentified aerospace-
undersea phenomena.
(2) Protection of systems, programs, and activity.--The
system established pursuant to paragraph (1) shall serve as a
mechanism to prevent unauthorized public reporting or
compromise of properly classified military and intelligence
systems, programs, and related activity, including all
categories and levels of special access and compartmented
access programs, current, historical, and future.
(3) Administration.--The system established pursuant to
paragraph (1) shall be administered by designated and widely
known, easily accessible, and appropriately cleared Department
of Defense and intelligence community employees or contractors
assigned to the Unidentified Aerial Phenomena Task Force or the
Office.
(4) Sharing of information.--The system established under
paragraph (1) shall provide for the immediate sharing with
Office personnel and supporting analysts and scientists of
information previously prohibited from reporting under any
nondisclosure written or oral agreement, order, or other
instrumentality or means, except in cases where the cleared
Government personnel administering such system conclude that
the preponderance of information available regarding the
reporting indicates that the observed object and associated
events and activities likely relate to a special access program
or compartmented access program that, as of the date of the
reporting, has been explicitly and clearly reported to the
congressional defense committees and congressional intelligence
committees, and is documented as meeting those criteria.
(5) Initial report and publication.--Not later than 180
days after the date of the enactment of this Act, the head of
the Office, on behalf of the Secretary and the Director,
shall--
(A) submit to the congressional intelligence
committees, the congressional defense committees, and
congressional leadership a report detailing the system
established under paragraph (1); and
(B) make available to the public on a website of
the Department of Defense information about such
system, including clear public guidance for accessing
and using such system and providing feedback about the
expected timeline to process a report.
(6) Annual reports.--Subsection (j)(1) of section 1683 of
the National Defense Authorization Act for Fiscal Year 2022 (50
U.S.C. 3373), as amended by section 703, is further amended--
(A) in subparagraph (A), by inserting ``and
congressional leadership'' after ``appropriate
congressional committees''; and
(B) in subparagraph (B), by adding at the end the
following new clause:
``(xvii) A summary of the reports received
using the system established under section
703(b)(1) of the Intelligence Authorization Act
for Fiscal Year 2023.''.
(c) Records of Nondisclosure Agreements.--
(1) Identification of nondisclosure agreements.--The
Secretary of Defense, the Director of National Intelligence,
the Secretary of Homeland Security, the heads of such other
departments and agencies of the Federal Government that have
supported investigations of the types of events covered by
subparagraph (A) of subsection (b)(1) and activities and
programs described in subparagraph (B) of such subsection, and
contractors of the Federal Government supporting such
activities and programs shall conduct comprehensive searches of
all records relating to nondisclosure orders or agreements or
other obligations relating to the types of events described in
subsection (a) and provide copies of all relevant documents to
the Office.
(2) Submittal to congress.--The head of the Office shall--
(A) make the records compiled under paragraph (1)
accessible to the congressional intelligence
committees, the congressional defense committees, and
congressional leadership; and
(B) not later than September 30, 2023, and at least
once each fiscal year thereafter through fiscal year
2026, provide to such committees and congressional
leadership briefings and reports on such records.
(d) Protection From Liability and Private Right of Action.--
(1) Protection from liability.--It shall not be a violation
of any law, and no cause of action shall lie or be maintained
in any court or other tribunal against any person, for
reporting any information through, and in compliance with, the
system established pursuant to subsection (b)(1).
(2) Prohibition on reprisals.--An employee of a Federal
agency and an employee of a contractor for the Federal
Government who has authority to take, direct others to take,
recommend, or approve any personnel action, shall not, with
respect to such authority, take or fail to take, or threaten to
take or fail to take, a personnel action, including the
revocation or suspension of security clearances, with respect
to any individual as a reprisal for any reporting as described
in paragraph (1).
(3) Private right of action.--In a case in which an
employee described in paragraph (2) takes a personnel action
against an individual in violation of such paragraph, the
individual may bring a private civil action for all appropriate
remedies, including injunctive relief and compensatory and
punitive damages, against the Government or other employer who
took the personnel action, in a Federal district court of
competent jurisdiction.
(e) Review by Inspectors General.--Not later than one year after
the date of the enactment of this Act, the Inspector General of the
Department of Defense and the Inspector General of the Intelligence
Community shall each--
(1) conduct an assessment of the compliance with the
requirements of this section and the operation and efficacy of
the system established under subsection (b); and
(2) submit to the congressional intelligence committees,
the congressional defense committees, and congressional
leadership a report on their respective findings with respect
to the assessments they conducted under paragraph (1).
(f) Definitions.--In this section:
(1) The term ``congressional defense committees'' has the
meaning given such term in section 101(a) of title 10, United
States Code.
(2) The term ``congressional leadership'' means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives;
and
(D) the minority leader of the House of
Representatives.
(3) The term ``Office'' means the office established under
section 1683(a) of the National Defense Authorization Act for
Fiscal Year 2022 (50 U.S.C. 3373(a)), as amended by section
703.
(4) The term ``personnel action'' has the meaning given
such term in section 1104(a) of the National Security Act of
1947 (50 U.S.C. 3234(a)).
(5) The term ``unidentified aerospace-undersea phenomena''
has the meaning given such term in section 1683(o) of the
National Defense Authorization Act for Fiscal Year 2022 (50
U.S.C. 3373(o)), as amended by section 703.
SEC. 705. COMPTROLLER GENERAL OF THE UNITED STATES COMPILATION OF
UNIDENTIFIED AEROSPACE-UNDERSEA PHENOMENA RECORDS.
(a) Definition of Unidentified Aerospace-undersea Phenomena.--In
this section, the term ``unidentified aerospace-undersea phenomena''
has the meaning given such term in section 1683(o) of the National
Defense Authorization Act for Fiscal Year 2022 (50 U.S.C. 3373(o)), as
amended by section 703.
(b) Compilation Required.--Not later than one year after the date
of the enactment of this Act, the Comptroller General of the United
States shall--
(1) commence a review of the records and documents of the
intelligence community, oral history interviews, open source
analytic analysis, interviews of current and former government
officials, classified and unclassified national archives
(including those records any third party obtained pursuant to
section 552 of title 5, United States Code (commonly known as
the ``Freedom of Information Act'' or ``FOIA'')), and such
other relevant historical sources as the Comptroller General
considers appropriate; and
(2) for the period beginning on January 1, 1947, and ending
on the date on which the Comptroller General completes
activities under this subsection, compile and itemize a
complete historical record of the intelligence community's
involvement with unidentified aerospace-undersea phenomena,
including successful or unsuccessful efforts to identify and
track unidentified aerospace-undersea phenomena, and any
intelligence community efforts to obfuscate, manipulate public
opinion, hide, or otherwise provide unclassified or classified
misinformation about unidentified aerospace-undersea phenomena
or related activities, based on the review conducted under
paragraph (1).
(c) Report.--
(1) In general.--Not later than 180 days after the date on
which the Comptroller General completes the compilation and
itemization required by subsection (b)(2), the Comptroller
General shall submit to Congress a report summarizing the
historical record described in such subsection.
(2) Resources.--The report submitted under paragraph (1)
shall include citations to the resources relied upon and
instructions as to how the resources can be accessed.
(3) Form.--The report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex as necessary.
(d) Cooperation of Intelligence Community.--The heads of elements
of the intelligence community whose participation the Comptroller
General deems necessary to carry out subsections (b) and (c), including
the Director of National Intelligence, the Under Secretary of Defense
for Intelligence and Security, and the Director of the Unidentified
Aerospace-Undersea Phenomena Joint Program Office, shall fully
cooperate with the Comptroller General and provide to the Comptroller
General such information as the Comptroller General determines
necessary to carry out such subsections.
(e) Access to Records of the National Archives and Records
Administration.--The Archivist of the United States shall make
available to the Comptroller General such information maintained by the
National Archives and Records Administration, including classified
information, as the Comptroller General considers necessary to carry
out subsections (b) and (c).
SEC. 706. OFFICE OF GLOBAL COMPETITION ANALYSIS.
(a) Definitions.--In this section:
(1) Executive agency.--The term ``Executive agency'' has
the meaning given such term in section 105 of title 5, United
States Code.
(2) Office.--The term ``Office'' means the Office of Global
Competition Analysis established under subsection (b).
(b) Establishment.--
(1) In general.--The President shall establish an office on
analysis of global competition.
(2) Purposes.--The purposes of the Office are as follows:
(A) To carry out a program of analysis on United
States leadership in technology and innovation sectors
critical to national security and economic prosperity
relative to other countries, particularly those
countries that are strategic competitors of the United
States.
(B) To support policy development and decision
making to ensure United States leadership in technology
and innovation sectors critical to national security
and economic prosperity.
(3) Designation.--The Office shall be known as the ``Office
of Global Competition Analysis''.
(c) Activities.--In accordance with the priorities determined under
subsection (d), the Office shall--
(1) acquire and prepare data relating to the purposes of
the Office under subsection (b), including data relating to
critical technologies, innovation, and production capacity in
the United States and other countries, consistent with
applicable provisions of law;
(2) conduct long- and short-term analysis regarding--
(A) United States policies that enable
technological competitiveness relative to those of
other countries, particularly with respect to countries
that are strategic competitors of the United States;
(B) United States science and technology ecosystem
elements relative to those of other countries,
particularly with respect to countries that are
strategic competitors of the United States;
(C) United States competitiveness in technology and
innovation sectors critical to national security and
economic prosperity relative to other countries,
including the availability of United States technology
in such sectors abroad, particularly with respect to
countries that are strategic competitors of the United
States;
(D) trends and trajectories, including rate of
change in technologies, related to technology and
innovation sectors critical to national security and
economic prosperity;
(E) threats to United States national security
interests as a result of any foreign country's
dependence on technologies of strategic competitors of
the United States; and
(F) threats to United States interests based on
dependencies on foreign technologies critical to
national security and economic prosperity; and
(3) engage with private sector entities on matters relating
to analysis under paragraph (2).
(d) Determination of Priorities.--On a periodic basis, the Director
of the Office of Science and Technology Policy, the Assistant to the
President for Economic Policy, the Assistant to the President for
National Security Affairs, the Secretary of Commerce, the Director of
National Intelligence, the Secretary of Defense, the Secretary of
Energy, and the Secretary of State shall, in coordination with such
heads of Executive agencies as such Directors, Assistants, and
Secretaries jointly consider appropriate, jointly determine the
priorities of the Office with respect to subsection (b)(2)(A).
(e) Administration.--
(1) In general.--To carry out the purposes set forth under
subsection (b)(2), the Office shall enter into an agreement
with a public-private or a federally funded research and
development center, a university affiliated research center, or
consortium of federally funded research and development
centers, and university affiliated research centers.
(2) Limitation.--Of the amount authorized to be
appropriated by subsection (i) to carry out this section, not
more than 5 percent may be used for administrative expenses.
(f) Access to, Use, and Handling of Information.--
(1) Federal information.--In carrying out the activities
under subsection (c), the Office shall have access to all
information, data, or reports of any Executive agency that the
Office determines necessary to carry out this section--
(A) upon written request;
(B) subject to limitations under applicable
provisions of law; and
(C) consistent with the protection of sources and
methods, law enforcement strictures, protection of
proprietary information of businesses, and protection
of personally identifiable information.
(2) Commercial information.--The Office may obtain
commercially available information that may not be publicly
available.
(3) Use of information.--The Office may use information
obtained under this subsection for purposes set forth under
subsection (b)(2).
(4) Handling of information.--The Office shall handle
information obtained under this subsection subject to all
restrictions required by the source of the information.
(g) Additional Support.--A head of an Executive agency may provide
to the Office such support, in the form of financial assistance and
personnel, as the head considers appropriate to assist the Office in
carrying out any activity under subsection (c), consistent with the
priorities determined under subsection (d).
(h) Annual Report.--Not less frequently than once each year, the
Office shall submit to Congress a report on the activities of the
Office under this section.
(i) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for fiscal year
2023.
SEC. 707. REPORT ON TRACKING AND COLLECTING PRECURSOR CHEMICALS USED IN
THE PRODUCTION OF SYNTHETIC OPIOIDS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency
shall submit to the congressional intelligence committees a report on--
(1) any gaps or challenges related to tracking licit
precursor chemicals that are bound for illicit use in the
production of synthetic opioids; and
(2) any gaps in authorities related to the collection of
licit precursor chemicals that have been routed toward illicit
supply chains.
(b) Form of Report.--The report submitted under subsection (a)
shall be submitted in unclassified form, but may include a classified
annex.
SEC. 708. ASSESSMENT AND REPORT ON MASS MIGRATION IN THE WESTERN
HEMISPHERE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence shall
assess, and submit to the congressional intelligence committees a
report on--
(1) the threats to the interests of the United States
created or enhanced by, or associated with, the mass migration
of people within the Western Hemisphere, particularly to the
southern border of the United States;
(2) the use of or the threat of using mass migration in the
Western Hemisphere by the regime of Nicolas Maduro in Venezuela
and the regime of Miguel Diaz-Canel and Raul Castro in Cuba--
(A) to effectively curate populations so that
people who remain in those countries are powerless to
meaningfully dissent;
(B) to extract diplomatic concessions from the
United States; and
(C) to enable the increase of remittances from
migrants residing in the United States as a result of
the mass migration to help finance the regimes in
Venezuela and Cuba; and
(3) any gaps in resources, collection capabilities, or
authorities relating to the ability of the intelligence
community to timely identify the threats described in
paragraphs (1) and (2), and recommendations for addressing
those gaps.
(b) Form of Report.--The report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a classified annex.
SEC. 709. NOTIFICATIONS REGARDING TRANSFERS OF DETAINEES AT UNITED
STATES NAVAL STATION GUANTANAMO BAY, CUBA.
(a) Definitions.--In this section:
(1) Appropriate members of congress.--The term
``appropriate Members of Congress'' means--
(A) the majority leader and minority leader of the
Senate;
(B) the Chairman and Ranking Member of the
Committee on Armed Services of the Senate;
(C) the Chairman and Vice Chairman of the Select
Committee on Intelligence of the Senate;
(D) the Chairman and Vice Chairman of the Committee
on Appropriations of the Senate;
(E) the Chairman and Ranking Member of the
Committee on Foreign Relations of the Senate;
(F) the Speaker of the House of Representatives;
(G) the minority leader of the House of
Representatives;
(H) the Chairman and Ranking Member of the
Committee on Armed Services of the House of
Representatives;
(I) the Chairman and Ranking Member of the
Permanent Select Committee on Intelligence of the House
of Representatives;
(J) the Chair and Ranking Member of the Committee
on Appropriations of the House of Representatives; and
(K) the Chairman and Ranking Member of the
Committee on Foreign Affairs of the House of
Representatives.
(2) Individual detained at guantanamo.--The term
``individual detained at Guantanamo'' has the meaning given
that term in section 1034(f)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129
Stat. 971; 10 U.S.C. 801 note).
(3) Periodic review board.--The term ``Periodic Review
Board'' has the meaning given that term in section 9 of
Executive Order 13567 (10 U.S.C. 801 note; relating to periodic
review of individuals detained at Naval Station Guantanamo Bay
pursuant to the Authorization for Use of Military Force).
(4) Review committee.--The term ``Review Committee'' has
the meaning given that term in section 9 of Executive Order
13567 (10 U.S.C. 801 note; relating to periodic review of
individuals detained at Naval Station Guantanamo Bay pursuant
to the Authorization for Use of Military Force).
(b) Notifications Required.--
(1) Eligibility for transfer.--Not later than 3 days after
a Periodic Review Board or Review Committee makes a final
determination that the continued law of war detention of an
individual detained at Naval Station Guantanamo Bay is not
warranted, the Secretary of Defense shall submit to the
appropriate Members of Congress a notification of that
determination.
(2) Transfer.--Not less than 10 days prior to the transfer
of any individual detained at Naval Station Guantanamo Bay, the
Secretary of State shall submit to the appropriate Members of
Congress a notification of the transfer.
(c) Matters to Be Included.--Each notification submitted under
subsection (b)(2) shall include the following:
(1) The name and country of origin of the individual to be
transferred.
(2) The country to which the individual will be
transferred.
(3) The date and time of the transfer.
(4) A description of the past terrorism activities of the
individual.
(5) An assessment of the terrorism communications and
connections of the individual while at United States Naval
Station Guantanamo Bay, Cuba.
(6) An assessment of the likelihood of the individual's
return to terrorist activities after the release and transfer
of the individual.
SEC. 710. REPORT ON INTERNATIONAL NORMS, RULES, AND PRINCIPLES
APPLICABLE IN SPACE.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Secretary of Defense, the Secretary of State, the
Secretary of Commerce, the Administrator of the National Aeronautics
and Space Administration, and the heads of any other agencies as the
Director considers necessary, shall submit to Congress a report on
international norms, rules, and principles applicable in space.
(b) Elements.--The report submitted under subsection (a) shall--
(1) identify threats to the interests of the United States
in space that may be mitigated by international norms, rules,
and principles, including such norms, rules, and principles
relating to developments in dual-use technology; and
(2) identify opportunities for the United States to
influence international norms, rules, and principles applicable
in space, including through bilateral and multilateral
engagement.
(c) Form.--The report submitted under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 711. ASSESSMENTS OF THE EFFECTS OF SANCTIONS IMPOSED WITH RESPECT
TO THE RUSSIAN FEDERATION'S INVASION OF UKRAINE.
(a) In General.--Not later than 60 days after the date of the
enactment of this Act, and every 180 days thereafter for 3 years, the
Director of National Intelligence shall submit to the congressional
intelligence committees an assessment of the cumulative and material
effects of the sanctions imposed by the United States, European
countries, and the international community with respect to the Russian
Federation in response to the February 24, 2022, invasion of Ukraine
and subsequent actions by the Russian Federation.
(b) Elements.--Each assessment submitted under subsection (a) shall
include the following:
(1) A description of efforts by the Russian Federation to
evade or circumvent sanctions imposed by the United States,
European countries, or the international community through
direct or indirect engagement or direct or indirect assistance
from--
(A) the regimes in Cuba and Nicaragua and the
regime of Nicolas Maduro in Venezuela;
(B) the People's Republic of China;
(C) the Islamic Republic of Iran; and
(D) any other country the Director considers
appropriate.
(2) An assessment of the cumulative effect of the efforts
described in paragraph (1), including on the Russian
Federation's strategic relationship with the regimes and
countries described in such paragraph.
(3) A description of the material effect of the sanctions
described in subsection (a), including the effect of those
sanctions on senior leadership, senior military officers,
state-sponsored actors, and other state-affiliated actors in
the Russian Federation that are either directly or incidentally
subject to those sanctions.
(4) A description of any developments by other countries in
creating alternative payment systems as a result of the
invasion of Ukraine.
(5) A description of efforts by the Russian Federation to
evade sanctions using digital assets and a description of any
related intelligence gaps.
(6) An assessment of how countries have assessed the risk
of holding reserves in United States dollars since the February
24, 2022, invasion of Ukraine.
(7) An assessment of the impact of any general licenses
issued in relation to the sanctions described in subsection
(a), including the extent to which authorizations for internet-
based communications have enabled continued monetization by
Russian influence actors.
(c) Form of Assessments.--Each assessment submitted under
subsection (a) shall be submitted in unclassified form and include a
classified annex.
SEC. 712. ASSESSMENTS AND BRIEFINGS ON IMPLICATIONS OF FOOD INSECURITY
THAT MAY RESULT FROM THE RUSSIAN FEDERATION'S INVASION OF
UKRAINE.
(a) Assessments.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, and annually thereafter for 2 years,
the Director of National Intelligence shall conduct a
comprehensive assessment of the implications of food insecurity
that may result from the Russian Federation's invasion of
Ukraine.
(2) Elements.--Each assessment conducted under paragraph
(1) shall address the following:
(A) The projected timeline for indicators of any
food insecurity described in paragraph (1) to manifest.
(B) The potential for political instability and
security crises that may occur as a result of any such
food insecurity, disaggregated by region.
(C) Factors that could minimize the potential
effects of any such food insecurity on political
instability and security described in subparagraph (B),
disaggregated by region.
(D) Opportunities for the United States to prevent
or mitigate any such food insecurity.
(b) Briefings.--Not later than 30 days after the date on which an
assessment conducted under subsection (a)(1) is completed, the Director
of National Intelligence shall brief the congressional intelligence
committees on the findings of the assessment.
SEC. 713. PILOT PROGRAM FOR DIRECTOR OF FEDERAL BUREAU OF INVESTIGATION
TO UNDERTAKE AN EFFORT TO IDENTIFY INTERNATIONAL MOBILE
SUBSCRIBER IDENTITY-CATCHERS AND DEVELOP COUNTERMEASURES.
Section 5725 of the Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020
(50 U.S.C. 3024 note; Public Law 116-92) is amended--
(1) in subsection (a), in the matter before paragraph (1)--
(A) by striking ``The Director of National
Intelligence and the Director of the Federal Bureau of
Investigation'' and inserting ``The Director of the
Federal Bureau of Investigation'';
(B) by inserting ``the Director of National
Intelligence,'' before ``the Under Secretary''; and
(C) by striking ``Directors determine'' and
inserting ``Director of the Federal Bureau of
Investigation determines'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(3) by inserting after subsection (a) the following:
``(b) Pilot Program.--
``(1) In general.--The Director of the Federal Bureau of
Investigation, in collaboration with the Director of National
Intelligence, the Under Secretary of Homeland Security for
Intelligence and Analysis, and the heads of such other Federal,
State, or local agencies as the Director of the Federal Bureau
of Investigation determines appropriate, and in accordance with
applicable law and policy, shall conduct a pilot program
designed to implement subsection (a) with respect to the
National Capital Region.
``(2) Commencement; completion.--The Director of the
Federal Bureau of Investigation shall--
``(A) commence carrying out the pilot program
required by paragraph (1) not later than 180 days after
the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2023; and
``(B) complete the pilot program not later than 2
years after the date on which the Director commences
carrying out the pilot program under subparagraph
(A).''; and
(4) in subsection (c), as redesignated by paragraph (2)--
(A) in the matter before paragraph (1), by striking
``Prior'' and all that follows through
``Investigation'' and inserting ``Not later than 180
days after the date on which the Director of the
Federal Bureau of Investigation determines that the
pilot program required by subsection (b)(1) is
operational, the Director and the Director of National
Intelligence'';
(B) in paragraph (1), by striking ``within the
United States''; and
(C) in paragraph (2), by striking ``by the'' and
inserting ``deployed by the Federal Bureau of
Investigation and other elements of the''.
SEC. 714. DEPARTMENT OF STATE BUREAU OF INTELLIGENCE AND RESEARCH
ASSESSMENT OF ANOMALOUS HEALTH INCIDENTS.
(a) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence of
the Senate; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(b) Assessment Required.--Not later than 90 days after the date of
the enactment of this Act, the Assistant Secretary of State for
Intelligence and Research shall submit to the appropriate committees of
Congress an assessment of the findings relating to the events that have
been collectively labeled as ``anomalous health incidents''.
(c) Contents.--The assessment submitted under subsection (b) shall
include the following:
(1) Any diplomatic reporting or other relevant information,
including sources and reliability of respective sources, on the
causation of anomalous health incidents.
(2) Any diplomatic reporting or other relevant information,
including sources and reliability of respective sources, on any
person or entity who may be responsible for such incidents.
(3) Detailed plans, including metrics, timelines, and
measurable goals, for the Bureau of Intelligence and Research
to understand anomalous health incidents and share findings
with other elements of the intelligence community.
SEC. 715. CLARIFICATION OF PROCESS FOR PROTECTING CLASSIFIED
INFORMATION USING THE CLASSIFIED INFORMATION PROCEDURES
ACT.
Section 4 of the Classified Information Procedures Act (18 U.S.C.
App.) is amended by inserting after ``the court alone.'' the following:
``Such ex parte showing may be supported by a declaration attesting
that disclosure of the classified information would cause damage to the
national security of the United States, which shall be executed by any
United States official possessing original classification authority,
who shall not be required to be the head of the relevant agency.''.
Calendar No. 438
117th CONGRESS
2d Session
S. 4503
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2023 for intelligence and
intelligence-related activities of the United States Government, the
Intelligence Community Management Account, and the Central Intelligence
Agency Retirement and Disability System, and for other purposes.
_______________________________________________________________________
July 12, 2022
Read twice and placed on the calendar