H. Rpt. 119-389 accompanies authorization legislation for the Intelligence Authorization Act for Fiscal Year 2026. Authorization bills establish or extend the legal basis and policy framework for federal programs — they set the rules for how programs operate but do not themselves provide funding. The Intelligence (Permanent Select) Committee prepared this report to document the program's purpose, explain any changes being made, describe the committee's findings from hearings and investigations, and outline the expected outcomes. Authorization reports frequently include CBO cost estimates and views from both majority and minority committee members.
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House Report 119-389 - INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2026
[House Report 119-389]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-389
=======================================================================
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2026
----------------
November 28, 2025.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
----------------
Mr. Crawford, from the Permanent Select Committee on Intelligence,
submitted the following
R E P O R T
[To accompany H.R. 5167]
The Permanent Select Committee on Intelligence, to whom was
referred the bill (H.R. 5167) to authorize appropriations for
fiscal year 2026 for intelligence and intelligence-related
activities of the United States Government, the Community
Management Account, and the Central Intelligence Agency
Retirement and Disability System, and for other purposes,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2026''.
(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--COUNTERINTELLIGENCE REFORM
Sec. 301. Short title.
Sec. 302. Establishment, functions, and authorities of the National
Counterintelligence Center.
Sec. 303. Transition provisions.
Sec. 304. Conforming amendments.
TITLE IV--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 401. Restriction on conduct of intelligence activities.
Sec. 402. Increase in employee compensation and benefits authorized by
law.
Sec. 403. Intelligence acquisition enhancement.
Sec. 404. Senior officials for biotechnology.
Sec. 405. Prohibition on use of DeepSeek on intelligence community
systems.
Sec. 406. Knowledge management system for international cartels and
other transnational criminal organizations.
Sec. 407. Notice of impact of diplomatic and consular post closings on
intelligence activities.
Sec. 408. Harmonizing policies on the use of classified data in
training or refining artificial intelligence models.
Sec. 409. Accelerating review of artificial intelligence capabilities
for deployment.
Sec. 410. Enhancing intelligence community technology adoption metrics.
Sec. 411. AI security playbook.
TITLE V--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Central Intelligence Agency
Sec. 501. Guidance on novel and significant expenditures for purposes
of notification under the Central Intelligence Agency Act of 1949.
Sec. 502. Improvements to security of Central Intelligence Agency
installations.
Subtitle B--Elements of Department of Defense
Sec. 511. Requirement to avoid duplication in purchase of commercially
available information for defense intelligence components.
Sec. 512. Oversight and deconfliction of vendor support to clandestine
activities.
Sec. 513. Disestablishment of advisory boards for National Geospatial-
Intelligence Agency and National Reconnaissance Office.
Sec. 514. Expansion of commercial imagery and data procurement.
Subtitle C--Other Elements
Sec. 521. Notice of counterintelligence assessments and investigations
by the Federal Bureau of Investigation of candidates for or holders of
Federal office.
Sec. 522. Requirement for Department of Energy Employees to report
travel to countries of risk.
TITLE VI--OPEN-SOURCE INTELLIGENCE MATTERS
Sec. 601. Definitions.
Sec. 602. Efficient use of open-source intelligence.
Sec. 603. Oversight of acquisition of commercially available
information.
Sec. 604. Budget matters relating to open-source intelligence
activities.
Sec. 605. Budget materials for open-source information, publicly
available information, and commercially available information.
Sec. 606. Standardization of training on collection of publicly
available information and commercially available information.
Sec. 607. Requirement to purge incidentally collected publicly
available information or commercially available information relating to
United States persons.
Sec. 608. Update to intelligence community directives relating to open-
source intelligence.
Sec. 609. Audits of expenditures for publicly available information and
commercially available information.
Sec. 610. Quarterly briefings on procurement of commercially available
information.
Sec. 611. Study on engagement with other agencies with respect to open-
source intelligence requirements.
TITLE VII--INTELLIGENCE COMMUNITY WORKFORCE MATTERS
Sec. 701. Unclassified appraisals of employees of the Defense
Intelligence Agency.
Sec. 702. Prohibition on requiring political or ideological activism
within the intelligence community.
Sec. 703. Merit-based personnel decisions.
Sec. 704. Equal treatment in recruitment and training of intelligence
community personnel.
Sec. 705. Treatment of certain Agency service as active-duty service
for purposes of benefits administered by Secretary of Veterans Affairs.
TITLE VIII--MATTERS RELATING TO FOREIGN COUNTRIES
Sec. 801. Net assessments of the People's Republic of China.
Sec. 802. National Intelligence Management Council mission manager for
the People's Republic of China.
Sec. 803. National Intelligence Estimate of advancements in
biotechnology by the People's Republic of China.
Sec. 804. Extension of intelligence community coordinator for Russian
atrocities accountability.
Sec. 805. Study on collection and analysis by intelligence community of
foreign atrocities.
Sec. 806. Intelligence support for Ukraine.
TITLE IX--REPORTS AND OTHER MATTERS
Sec. 901. Modifications to access to restricted data under the Atomic
Energy Act of 1954.
Sec. 902. Revisions to congressional notification of intelligence
collection adjustments.
Sec. 903. Annual submission of Intelligence Community Drug Control
Program Budget proposal.
Sec. 904. Repeal of annual report on financial intelligence on
terrorist assets.
Sec. 905. Repeal of outdated or unnecessary reporting requirements.
Sec. 906. Notification of material changes to policies or procedures
governing terrorist watchlist and transnational organized crime
watchlist.
Sec. 907. Annual report on United States persons on the terrorist watch
list.
Sec. 908. Plan on use of proposed web of biological data.
(c) Automatic Execution of Clerical Changes.--Except as otherwise
expressly provided, when an amendment made by this Act amends an Act to
add a section or larger organizational unit to that Act, repeals or
transfers a section or larger organizational unit in that Act, or
amends the designation or heading of a section or larger organizational
unit in that Act, that amendment also shall have the effect of amending
any table of contents of that Act to alter the table to conform to the
changes made by the amendment.
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 section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2026
for the conduct of the intelligence and intelligence-related activities
of the Federal Government.
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 Federal Government are those specified in the
classified Schedule of Authorizations prepared to accompany this Act.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of Authorizations
referred to in subsection (a) shall be made available to the
Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, and to the
President.
(2) Distribution by the president.--Subject to paragraph (3),
the President shall provide for suitable distribution of the
classified Schedule of Authorizations referred to in subsection
(a), or of appropriate portions of such Schedule, within the
executive branch of the Federal Government.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50
U.S.C. 3306(a));
(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 2026 the sum of
$674,500,000.
(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 2026 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
2026.
TITLE III--COUNTERINTELLIGENCE REFORM
SEC. 301. SHORT TITLE.
This title may be cited as the ``Strategic Enhancement of
Counterintelligence and Unifying Reform Efforts Act'' or the ``SECURE
Act''.
SEC. 302. ESTABLISHMENT, FUNCTIONS, AND AUTHORITIES OF THE NATIONAL
COUNTERINTELLIGENCE CENTER.
(a) Clarification of Definition of Counterintelligence.--Section 3(3)
of the National Security Act of 1947 (50 U.S.C. 3003(3)) is amended by
inserting ``deter, disrupt, investigate, exploit, or'' before ``protect
against''.
(b) Establishment of National Counterintelligence Center.--The
National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended by
inserting after title III the following new title:
``TITLE IV--NATIONAL COUNTERINTELLIGENCE CENTER
``Subtitle A--Organization
``SEC. 401. ESTABLISHMENT; DIRECTOR.
``(a) Establishment.--There is within the Office of the Director of
National Intelligence a National Counterintelligence Center.
``(b) Director of the National Counterintelligence Center.--
``(1) Appointment.--There is a Director of the National
Counterintelligence Center, who shall be the head of the
National Counterintelligence Center and who shall be appointed
by the President, by and with the advice and consent of the
Senate.
``(2) Principal advisor for counterintelligence.--The
Director of the National Counterintelligence Center shall serve
as the principal advisor to the President and the Director of
National Intelligence with respect to counterintelligence
matters.
``(3) Reporting.--The Director of the National
Counterintelligence Center shall report to the Director of
National Intelligence.
``SEC. 402. PERSONNEL.
``Subject to the authority, direction, and control of the Director of
National Intelligence, the Director of the National Counterintelligence
Center may exercise the authorities of the Director of National
Intelligence under subsections (l) and (m) of section 102A with respect
to personnel of the National Counterintelligence Center.
``SEC. 403. NATIONAL COUNTERINTELLIGENCE TASK FORCE.
``(a) Establishment.--The Director of the National
Counterintelligence Center shall establish a task force to be known as
the `National Counterintelligence Task Force' (in this section referred
to as the `Task Force').
``(b) Membership.--The Task Force shall be composed of the following:
``(1) The Director of the National Counterintelligence
Center, who shall serve as chair of the Task Force.
``(2) A designee of the head of each element of the
intelligence community.
``(3) A designee of any other department or agency of the
Federal Government that the Director of the National
Counterintelligence Center and the head of such department or
agency considers appropriate.
``(4) Such other persons as the Director of the National
Counterintelligence Center considers appropriate.
``(c) Duties.--The Task Force shall carry out such duties as are
assigned to the Task Force by the Director.
``Subtitle B--Mission, Duties, and Authorities
``SEC. 411. MISSION.
``The mission of the National Counterintelligence Center shall be to
direct, coordinate, and carry out counterintelligence activities.
``SEC. 412. DUTIES.
``(a) In General.--The Director of the National Counterintelligence
Center shall lead and direct all efforts of the Federal Government with
respect to--
``(1) countering, denying, disrupting, and degrading
intelligence operations by foreign entities;
``(2) deceiving, exploiting, and shaping the intelligence
gathering plans, intentions, operations, and perceived
effectiveness of foreign entities;
``(3) coordinating, deconflicting, authorizing, and directing
the execution of counterintelligence activities by the
intelligence community;
``(4) strategic operational planning for counterintelligence
activities;
``(5) countering foreign influence operations;
``(6) countering foreign denial and deception activities;
``(7) assessing foreign intelligence capabilities and
addressing counterintelligence collection gaps and strategic
threats;
``(8) mitigating counterintelligence risks and
vulnerabilities;
``(9) analyzing and producing counterintelligence products;
``(10) evaluating technical counterintelligence capabilities
and resources;
``(11) evaluating and establishing interagency processes and
methods to resolve counterintelligence anomalies;
``(12) assessing integration shortfalls and leading efforts
to maximize the integration of data and expertise to address
foreign intelligence threats and improve counterintelligence;
``(13) advocating for and providing education and training
relating to counterintelligence and countering foreign
influence operations; and
``(14) such other matters relating to counterintelligence as
the Director of National Intelligence may direct.
``(b) Additional Specific Duties.--In addition to the duties
described in subsection (a), the Director of the National
Counterintelligence Center shall--
``(1) establish and prioritize requirements for the
collection, analysis, and dissemination of counterintelligence
information by the intelligence community;
``(2) evaluate the effectiveness of the elements of the
intelligence community in using funds available under the
National Counterintelligence Program to carry out
counterintelligence activities and achieve counterintelligence
goals;
``(3) engage international partners to conduct information
sharing and joint operations and enhance capabilities with
respect to counterintelligence;
``(4) establish doctrine, certification, and tradecraft
standards and requirements for execution of offensive
counterintelligence activities;
``(5) carry out damage assessments under section 415;
``(6) establish a polygraph program for counterintelligence
purposes, including to support damage assessments under section
415 and other departments and agencies of the Federal
Government;
``(7) establish a centralized system for the intelligence
community for the storage of and access to information on
foreign intelligence threat actors;
``(8) support departments and agencies of the Federal
Government that are not elements of the intelligence community
with counterintelligence matters and resources;
``(9) conduct outreach on counterintelligence matters to
State, local, and tribal governments and public- and private-
sector organizations and establish an information-sharing
framework to allow Federal, State, local, and tribal
governments and public- and private-sector organizations to
share information on suspected foreign intelligence threats;
and
``(10) establish procedures, policies, and information-
sharing frameworks for watchlisting, screening, vetting, and
suspicious activity reporting for counterintelligence purposes.
``SEC. 413. AUTHORITY TO DIRECT AND CARRY OUT COUNTERINTELLIGENCE
ACTIVITIES.
``(a) Authority of Director.--In carrying out the mission and duties
of the National Counterintelligence Center, the Director of the
National Counterintelligence Center may--
``(1) carry out a counterintelligence activity;
``(2) direct the head of an element of the intelligence
community to carry out a counterintelligence activity;
``(3) direct the head of an element of the intelligence
community to receive the concurrence of the Director before
such element carries out a counterintelligence activity;
``(4) access all counterintelligence information, including
investigative and operational information, in the possession of
an element of the intelligence community;
``(5) direct the head of department or agency of the Federal
Government to provide the Director with information the
Director considers necessary to carry out a damage assessment
under section 415 or in any other circumstance where the
Director determines a damage assessment is appropriate;
``(6) direct the head of an element of the intelligence
community to embed within such element an individual designated
by the Director to serve as a liaison between such element and
the Director with respect to counterintelligence activities;
``(7) delegate authority to carry out a counterintelligence
activity to the head of an element of the intelligence
community; and
``(8) transfer funds made available to the National
Counterintelligence Center to another department or agency of
the Federal Government to support counterintelligence
activities of that department or agency.
``(b) Duties of Elements of the Intelligence Community.--The head of
each element of the intelligence community--
``(1) shall carry out each counterintelligence activity that
the Director of the National Counterintelligence Center directs
the head of such element to carry out;
``(2) may not carry out a counterintelligence activity with
respect to which the Director of the National
Counterintelligence Center directs the head of such element to
receive the concurrence of the Director before such element
carries out such counterintelligence activity until the head of
such element receives such concurrence;
``(3) provide access to all counterintelligence information
in the possession of such element that is requested by the
Director of the National Counterintelligence Center;
``(4) provide information as the Director of the National
Counterintelligence Center considers necessary to carry out a
damage assessment under section 415 or in any other
circumstance where the Director determines a damage assessment
is appropriate;
``(5) embed within such element an individual designated by
the Director to serve as a liaison between such element and the
Director with respect to counterintelligence activities; and
``(6) promptly notify the Director of the National
Counterintelligence Center of--
``(A) each counterintelligence investigation
initiated by the head of such element; and
``(B) any intended or pending arrest of a person in a
counterintelligence investigation.
``(c) Clarification of Prosecutorial Discretion.--Nothing in this
section shall be construed to affect the authority of the Attorney
General to prosecute a violation of Federal criminal law.
``Subtitle C--National Counterintelligence Program
``SEC. 421. NATIONAL COUNTERINTELLIGENCE PROGRAM.
``(a) Establishment.--There is established within the National
Intelligence Program a National Counterintelligence Program consisting
of--
``(1) all strategic counterintelligence activities, programs,
and projects of the National Intelligence Program; and
``(2) the activities, programs, and projects of the National
Counterintelligence Center.
``(b) Budget.--The Director of the National Counterintelligence
Center, in consultation with the heads of the elements of the
intelligence community, shall develop and determine an annual budget
for the National Counterintelligence Program.
``Subtitle D--Strategies, Reports, and Oversight
``SEC. 431. NATIONAL COUNTERINTELLIGENCE OUTLOOK AND LONG-TERM STRATEGY
REPORT.
``Not less than once every five years, the Director of the National
Counterintelligence Center shall submit to the congressional
intelligence committees a national counterintelligence outlook and
long-term strategy report. Such report shall include--
``(1) an overall forecast of the counterintelligence outlook
and long-term strategy for the United States;
``(2) an explanation of the strategic context of the outlook
and strategy;
``(3) an explanation of key drivers and trends of the outlook
and strategy;
``(4) projected counterintelligence capabilities of the
United States and of adversary foreign entities;
``(5) an identification of any risks or uncertainties with
respect to the outlook and strategy;
``(6) an identification of metrics or indicators with respect
to the outlook and strategy; and
``(7) any recommendations of the Director for policy changes
to meet future counterintelligence challenges.
``SEC. 432. NATIONAL COUNTERINTELLIGENCE STRATEGY.
``Not less than once every three years, the Director of the National
Counterintelligence Center shall submit to the congressional
intelligence committees a strategy to be known as the `National
Counterintelligence Strategy'. Each National Counterintelligence
Strategy shall--
``(1) align the counterintelligence activities of the
intelligence community toward the strategic priorities of the
United States;
``(2) include a plan for implementing the strategy not later
than one year after the date of the submission of the strategy;
and
``(3) include a plan for measuring the execution,
performance, and effectiveness of the strategy during the two-
year period beginning on the date on which the strategy is
implemented.
``SEC. 433. NATIONAL THREAT IDENTIFICATION AND PRIORITIZATION
ASSESSMENT.
``Not less than once every three years, the Director of the National
Counterintelligence Center, in consultation with the heads of
appropriate department and agencies of the Federal Government and
private-sector entities, shall submit to the congressional intelligence
committees a strategic planning assessment of the counterintelligence
requirements of the United States to be known as the `National Threat
Identification and Prioritization Assessment'.
``SEC. 434. ACTIVITIES OF THE NATIONAL COUNTERINTELLIGENCE TASK FORCE.
``(a) Annual Report.--Not later than December 31 of each year, the
Director of the National Counterintelligence Center, acting through the
National Counterintelligence Task Force, shall submit to the
congressional intelligence committees a report describing the
activities of the Task Force during the preceding fiscal year. Such
report shall include--
``(1) a description of counterintelligence campaigns
conducted during the period covered by the report; and
``(2) a description of the efforts of the Task Force to
coordinate counterintelligence campaigns throughout the Federal
Government and the results of such efforts.
``(b) Quarterly Briefing.--The Director of the National
Counterintelligence Center, acting through the National
Counterintelligence Task Force, shall provide to the congressional
intelligence committees a quarterly briefing on the activities of the
Task Force during the preceding quarter.
``(c) Notice of Significant Vulnerabilities or Outcomes.--Not later
than 30 days after the Director of the National Counterintelligence
Center, acting through the National Counterintelligence Task Force,
identifies a significant counterintelligence vulnerability or a
significant outcome of a counterintelligence activity, the Director
shall submit to the congressional intelligence committees notice and a
description of such vulnerability or such outcome.''.
(c) National Security Council Participation.--Section 101(c)(2) of
the National Security Act of 1947 (50 U.S.C. 3021(c)(2)) is amended by
striking ``and the National Cyber Director'' and inserting ``the
National Cyber Director, and the Director of the National
Counterintelligence Center''.
(d) Coordination of Counterintelligence Matters With the Federal
Bureau of Investigation.--
(1) Technical correction to existing provision before
transfer.--
(A) Correction.--Section 361(g) of the Intelligence
Authorization Act for Fiscal Year 2004 (Public Law 108-
177; 117 Stat. 2625) is amended by striking ``Section
811(c)'' and inserting ``Section 811(e)''.
(B) Effective date.--The amendment made by
subparagraph (A) shall take effect as if included in
the enactment of the Intelligence Authorization Act for
Fiscal Year 2004 (Public Law 108-177).
(2) Transfer of provision.--Subtitle B of title IV of the
National Security Act of 1947, as added by subsection (a) of
this section, is amended by adding at the end a new section 414
consisting of--
(A) a heading as follows:
``SEC. 414. COORDINATION OF COUNTERINTELLIGENCE MATTERS WITH THE
FEDERAL BUREAU OF INVESTIGATION.''; AND
(B) a text consisting of paragraphs (1) through (7)
of subsection (e) of section 811 of the
Counterintelligence and Security Enhancements Act of
1994 (title VIII of Public Law 103-359; 50 U.S.C.
3381).
(3) Modifications and conforming amendments.--Section 414 of
the National Security Act of 1947, as added by paragraph (2) of
this section, is amended--
(A) by redesignating paragraphs (1) through (7) as
subsections (a) through (g), respectively (and
redesignating the provisions in each paragraph and
conforming the margins accordingly);
(B) in subsection (a), as redesignated by
subparagraph (A)--
(i) by striking ``(a) Except as provided in
paragraph (5)'' and inserting ``(a)
Coordination.--Except as provided in subsection
(e)'';
(ii) in paragraph (1) (as so redesignated),
by inserting ``and the Director of the National
Counterintelligence Center'' after ``the
Federal Bureau of Investigation''; and
(iii) in paragraph (2) (as so redesignated),
by striking ``subparagraph (A)'' and inserting
``paragraph (1)'';
(C) in subsection (b) (as so redesignated), by
striking ``(b)Except as provided in paragraph (5)'' and
inserting ``(b) Espionage Information.--Except as
provided in subsection (e)'';
(D) in subsection (c) (as so redesignated)--
(i) by striking ``(c)'' and inserting ``(c)
Impact Assessment.--''; and
(ii) in paragraph (2)(A)--
(I) by striking ``subparagraph (A)''
and inserting ``paragraph (1)''; and
(II) by striking ``investigation
under paragraph (1)'' and inserting
``investigation under subsection (a)'';
(E) in subsection (d) (as so redesignated)--
(i) by striking ``(d)'' and inserting ``(d)
Notification of Full Espionage Investigation.--
''; and
(ii) in paragraph (2), by striking
``subparagraph (A)'' and inserting ``paragraph
(1)'';
(F) in subsection (e) (as so redesignated)--
(i) by striking ``(e)'' and inserting ``(e)
Waiver.--''; and
(ii) by striking ``paragraph (1), (2), or
(3)'' and inserting ``subsection (a), (b), or
(c)'';
(G) in subsection (f) (as so redesignated), by
striking ``(f)'' and inserting ``(f) Rule of
Construction.--''; and
(H) in subsection (g) (as so redesignated), by
striking ``(g)'' and inserting ``(g) Definitions.--''.
(4) Repeal of existing provision.--Section 811 of the
Counterintelligence and Security Enhancements Act of 1994
(title VIII of Public Law 103-359; 50 U.S.C. 3381) is repealed.
(e) Damage Assessments.--
(1) Transfer of provision.--Section 1105A of the National
Security Act of 1947 (50 U.S.C. 3235a) is--
(A) redesignated as section 415; and
(B) transferred so as to appear after section 414, as
added by subsection (d) of this section.
(2) Modifications.--Section 415 of the National Security Act
of 1947, as redesignated by paragraph (1), is amended--
(A) by striking ``Director of National Intelligence''
each place it appears and inserting ``Director of the
National Counterintelligence Center''; and
(B) by adding at the end the following new
subsections:
``(d) Requirements for Federal Agencies.--
``(1) In general.--The head of each department or agency of
the Federal Government shall--
``(A) not later than 7 days after the head of such
department or agency becomes aware of any actual or
potential significant unauthorized disclosure or
compromise of classified national intelligence, notify
the Director of the National Counterintelligence Center
of such disclosure or compromise; and
``(B) not later than 30 days after the date on which
the Director of the National Counterintelligence Center
submits a request to the head of such department or
agency for information the Director considers necessary
to carry out a damage assessment pursuant to this
section, provide the Director of the National
Counterintelligence Center such information.
``(2) Notice of noncompliance.--Not later than 30 days after
the date on which the Director of the National
Counterintelligence Center determines the head of a department
or agency of the Federal Government has violated the
requirements of paragraph (1), the Director shall notify the
congressional intelligence committees and the Inspector General
of the Intelligence Community of the violation.
``(3) Notice of determination that only single element is
impacted.--Not later than 30 days after the head of a
department or agency of the Federal Government determines that
an actual or potential significant unauthorized disclosure or
compromise of classified national intelligence impacts only
that department or agency, the head of such department or
agency shall provide to the Director of the National
Counterintelligence Center notice of that determination.
``(e) Semiannual Reports on Implementation.--On January 31 and July
31 of each year, the Director of the National Counterintelligence
Center shall submit to the congressional intelligence committees a
report on actual or potential significant unauthorized disclosures or
compromises of classified national intelligence. Each report shall
include, with respect to the half-year period ending on the December 31
or June 30 preceding the submission of the report, respectively--
``(1) an identification of any actual or potential
unauthorized disclosures or compromises that occurred during
the period covered by the report;
``(2) the status of any action or dispensation with respect
to each unauthorized disclosure or compromise--
``(A) identified in accordance with paragraph (1); or
``(B) for which notice and a description of the final
resolution has not been provided to the congressional
intelligence committees in a report required by this
subsection; and
``(3) a description of any determinations by the Director
that an unauthorized disclosure or compromise of classified
national intelligence was not significant for purposes of
subsection (a)(1).''.
SEC. 303. TRANSITION PROVISIONS.
(a) Redesignation of National Counterintelligence and Security
Center.--
(1) Center.--The National Counterintelligence and Security
Center is redesignated as the National Counterintelligence
Center.
(2) Director.--The person serving as the Director of the
National Counterintelligence and Security Center on the day
before the date of the enactment of this Act may serve as the
Director of the National Counterintelligence Center until the
date on which a Director of the National Counterintelligence
Center is appointed by the President, by and with the advice
and consent of the Senate, in accordance with section 401 of
the National Security Act of 1947, as added by section 302 of
this Act.
(b) Report on Transition of Security Components.--
(1) Report.--Not later than one year after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees a
report containing the assessment of the Director as to whether
the security functions described in paragraph (3) should be
functions of the Director of the National Counterintelligence
Center or if such functions should be the responsibility of
another official.
(2) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence
shall provide to the congressional intelligence committees a
briefing on the progress of the assessment required under
paragraph (1).
(3) Security functions described.--The security functions
described in this subsection are as follows:
(A) Functions arising from the role of the Director
of National Intelligence as the Security Executive
Agent under section 803 of the National Security Act of
1947 (50 U.S.C. 3162a).
(B) Functions arising from the role of the Director
of National Intelligence as joint leader of the
National Insider Threat Task Force.
(C) Functions of the Special Security Directorate and
Center for Security Evaluation of the National
Counterintelligence Center (as so redesignated).
(c) Realignment of Counterintelligence-Related Activities Within the
Office of the Director of National Intelligence.--Not later than 90
days after the date of the enactment of this Act, the Director of
National Intelligence shall transfer the functions and personnel of the
Office of the Director of National Intelligence relating to
counterintelligence matters to the National Counterintelligence Center.
(d) Temporary Authority to Transfer Personnel and Reprogram Funds for
Counterintelligence Activities.--
(1) Authority to realign.--During the 180-day period
beginning on the date of the enactment of this title, subject
to the authority, direction, and control of the Director of
National Intelligence, the Director of the National
Counterintelligence Center, in consultation with the heads of
the elements of the intelligence community, may transfer
personnel or transfer or reprogram funds made available under
the National Intelligence Program to carry out title IV of the
National Security Act of 1947, as added by section 302 of this
Act.
(2) Notification.--Not later than 30 days after transferring
personnel or transferring or reprogramming funds under
paragraph (1), the Director of the National Counterintelligence
Center shall submit notice of the transfer or reprogramming
to--
(A) the congressional intelligence committees;
(B) the Committees on Appropriations of the Senate
and the House of Representatives;
(C) in the case of a transfer or reprogramming to or
from an element of the Department of Defense, the
Committees on Armed Services of the Senate and the
House of Representatives; and
(D) in the case of a transfer or reprogramming to or
from the Department of Justice, the Committees on the
Judiciary of the Senate and the House of
Representatives.
(e) National Counterintelligence Task Force.--
(1) Clarification on use of existing task force.--Nothing in
this Act shall be construed to require the establishment of a
new National Counterintelligence Task Force under section 403
of the National Security Act of 1947, as added by section 302
of this Act, if the National Counterintelligence Task Force, as
in existence the day before the date of the enactment of this
Act, satisfies the requirements of such section 403 or is
modified to satisfy such requirements.
(2) Report.--Not later than 90 days after the date of the
establishment of the National Counterintelligence Task Force
under section 403 of the National Security Act of 1947, as
added by section 302 of this Act, the Director of the National
Counterintelligence Center shall submit to the congressional
intelligence committees a report containing--
(A) the plans and activities of the Task Force, as in
existence the day before the date of the enactment of
this Act, during the period beginning on January 1,
2020, and ending on the date of the enactment of this
Act; and
(B) the organization, structure, and plans for the
Task Force as established under such section 403.
SEC. 304. CONFORMING AMENDMENTS.
(a) Conforming Repeals.--
(1) National security act of 1947.--Section 103F of the
National Security Act of 1947 (50 U.S.C. 3031, 3059) is
repealed.
(2) Counterintelligence enhancement act of 2002.--Sections
902 and 904 of the Counterintelligence Enhancement Act of 2002
(title IX of Public Law 107-306; 50 U.S.C. 3382, 3383) are
repealed.
(b) References to National Counterintelligence and Security Center.--
(1) National security act of 1947.--The National Security Act
of 1947 (50 U.S.C. 3001 et seq.) is amended by striking
``National Counterintelligence and Security Center'' each place
it appears and inserting ``National Counterintelligence
Center'' in the following provisions:
(A) Section 102A(f)(2) (50 U.S.C. 3024(f)(2)).
(B) Section 102A(f)(8)(F) (50 U.S.C. 3024(f)(8)(F)).
(C) Section 103(c)(9) (50 U.S.C. 3025(c)(9)).
(D) Section 1107(a) (50 U.S.C. 3237(a)).
(E) Section 1108(a) (50 U.S.C. 3238(a)).
(2) Other provisions of law.--The following provisions of law
are amended by striking ``National Counterintelligence and
Security Center'' each place it appears and inserting
``National Counterintelligence Center'':
(A) Section 5315 of title 5, United States Code.
(B) Section 1322(b)(1)(D) of title 41, United States
Code.
(C) Section 7318 of the Intelligence Authorization
Act for Fiscal Year 2024 (division G of Public Law 118-
31; 50 U.S.C. 3384).
(D) Section 6306(c)(6) of the Damon Paul Nelson and
Matthew Young Pollard Intelligence Authorization Act
for Fiscal Years 2018, 2019, and 2020 (division E of
Public Law 116-92; 50 U.S.C. 3370(c)(6)).
(E) Section 6508(a) of such Act (50 U.S.C. 3371d(a)).
(F) Section 341(b) of the Intelligence Authorization
Act for Fiscal Year 2004 (Public Law 108-177; 28 U.S.C.
519 note).
(c) Budget Materials.--Section 506(a)(4) of the National Security Act
of 1947 (50 U.S.C. 3096(a)(4)) is amended by striking
``Counterintelligence'' and inserting ``The National
Counterintelligence Program''.
(d) Transfer of Reporting Provisions.--
(1) Chinese influence operations.--Section 1107 of the
National Security Act of 1947 (50 U.S.C. 3237), as amended by
subsection (b) of this section, is--
(A) redesignated as section 435; and
(B) transferred so as to appear after section 434 of
such Act, as added by section 302 of this Act.
(2) Russian influence operations.--Section 1108 of the
National Security Act of 1947 (50 U.S.C. 3238), as amended by
subsection (b) of this section, is--
(A) redesignated as section 436; and
(B) transferred so as to appear after section 435 of
such Act, as redesignated and transferred by paragraph
(1).
TITLE IV--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 401. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of
the United States.
SEC. 402. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 403. INTELLIGENCE ACQUISITION ENHANCEMENT.
Section 102A(n)(6)(C) of the National Security Act of 1947 (50 U.S.C.
3024(n)(6)(C)) is amended--
(1) in clause (ii), by striking ``Subject to section
4022(a)(2) of such title, the Director'' and inserting
``Subject to section 4022(a)(2) of such title and except as
provided in clause (viii) of this subparagraph, the Director,
or the head of an element of the intelligence community to whom
the Director has delegated authority under subparagraph (B),'';
and
(2) by adding at the end the following new clause:
``(viii) The Director of the National Reconnaissance Office,
if delegated the authority under subparagraph (B), may exercise
the authority under clause (ii) by substituting `$500,000,000'
for `$75,000,000' if the Director of the National
Reconnaissance Office submits to the congressional intelligence
committees notice of an agreement or transaction of an amount
that exceeds $75,000,000 not later than 14 days before the
agreement or transaction is entered into and certifies that the
agreement or transaction is essential to meet critical national
security objectives.''.
SEC. 404. SENIOR OFFICIALS FOR BIOTECHNOLOGY.
(a) Designation Required.--Title I of the National Security Act of
1947 (50 U.S.C. 3021 et seq.) is amended by adding at the end the
following new section:
``SEC. 123. DESIGNATION OF SENIOR OFFICIALS FOR BIOTECHNOLOGY.
``(a) Designation.--The head of each element of the intelligence
community specified in subsection (b) shall designate a senior official
of such element to serve as the official responsible for the activities
of such element relating to biotechnology.
``(b) Specified Elements.--The elements of the intelligence community
specified in this subsection are the following:
``(1) The Office of the Director of National Intelligence.
``(2) The Central Intelligence Agency.
``(3) The National Security Agency.
``(4) The Defense Intelligence Agency.
``(5) The intelligence elements of the Federal Bureau of
Investigation.
``(6) The Office of Intelligence and Counterintelligence of
the Department of Energy.
``(7) The Bureau of Intelligence and Research of the
Department of State.
``(8) The Office of Intelligence and Analysis of the
Department of Homeland Security.
``(c) Notice to Congress.--Not later than 15 days after designating a
senior official under this section, the head of the element of the
intelligence community designating such official shall submit to the
congressional intelligence committees notice of the designation.''.
(b) Initial Designation.--The head of each element of the
intelligence community required to designate a senior official of such
element under section 123 of the National Security Act of 1947, as
added by subsection (a) of this section, shall designate such senior
official not later than 90 days after the date of the enactment of this
Act.
SEC. 405. PROHIBITION ON USE OF DEEPSEEK ON INTELLIGENCE COMMUNITY
SYSTEMS.
(a) In General.--Title XI of the National Security Act of 1947 (50
U.S.C. 3021 et seq.) is amended by adding at the end the following new
section:
``SEC. 1115. PROHIBITION ON USE OF DEEPSEEK ON INTELLIGENCE COMMUNITY
SYSTEMS.
``(a) Prohibition.--The Director of National Intelligence, in
consultation with the other heads of the elements of the intelligence
community, shall develop standards and guidelines for elements of the
intelligence community that require the removal of any covered
application from national security systems operated by an element of
the intelligence community, a contractor to an element of the
intelligence community, or another entity on behalf of an element of
the intelligence community.
``(b) Applicability of Information Security Requirements.--The
standards and guidelines developed under subsection (a) shall be
consistent with the information security requirements under subchapter
II of chapter 35 of title 44, United States Code.
``(c) National Security and Research Exceptions.--The standards and
guidelines developed under subsection (a) shall include--
``(1) exceptions for national security purposes and research
activities; and
``(2) risk mitigation standards and guidelines that shall
apply in the case of an exception described in paragraph (1).
``(d) Definitions.--In this section:
``(1) Covered application.--The term `covered application'
means the DeepSeek application or any successor application or
service developed or provided by High Flyer or any successor
entity.
``(2) National security system.--The term `national security
system' has the meaning given the term in section 3552 of title
44, United States Code.''.
(b) Initial Standards and Guidelines.--The Director of National
Intelligence shall develop the initial standards and guidelines
required under section 1115 of the National Security Act of 1947, as
added by subsection (a) of this section, not later than 60 days after
the date of the enactment of this Act.
SEC. 406. KNOWLEDGE MANAGEMENT SYSTEM FOR INTERNATIONAL CARTELS AND
OTHER TRANSNATIONAL CRIMINAL ORGANIZATIONS.
Title XI of the National Security Act of 1947 (50 U.S.C. 3231 et
seq.), as amended by section 405 of this Act, is further amended by
adding at the end the following new section:
``SEC. 1116. KNOWLEDGE MANAGEMENT SYSTEM FOR INTERNATIONAL CARTELS AND
OTHER TRANSNATIONAL CRIMINAL ORGANIZATIONS.
``(a) Requirement for Knowledge Management System.--The Director of
National Intelligence, in consultation with the Attorney General, shall
ensure that the intelligence community--
``(1) makes use of the Transnational Organized Crime Identity
Intelligence Platform or a successor knowledge management
system to enable and enhance information management,
information sharing, analysis, and collaboration across the
intelligence community and between the intelligence community
and Federal law enforcement agencies related to international
cartels and other transnational criminal organizations; and
``(2) provides all terrorism information (as defined in
section 1016(a) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485(a))) to the National
Counterterrorism Center, including terrorism information
related to international cartels and other transnational
criminal organizations designated as foreign terrorist
organizations under section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189) or as a Specially Designated
Global Terrorist under Executive Order 13224 (50 U.S.C. 1701
note) or any successor Executive order.
``(b) Procedures.--The Director of National Intelligence and the
Attorney General shall each or jointly, as appropriate, issue
procedures for collecting, storing, accessing, and disseminating data
under the system described in subsection (a), including with respect to
the organization of such data and security requirements for accessing
such data. Such procedures shall be designed to encourage collaboration
between elements of the intelligence community and between elements of
the intelligence community and Federal law enforcement agencies with
respect to international cartels and other transnational criminal
organizations, including foreign terrorist organizations designated
under section 219 of the Immigration and Nationality Act (8 U.S.C.
1189) and persons or entities designated as a Specially Designated
Global Terrorist under Executive Order 13224 (50 U.S.C. 1701 note) or
any successor Executive order.
``(c) Intelligence Community Input.--The head of each element of the
intelligence community shall--
``(1) input all data described in subsection (a)(1) in the
possession of such element into the system described in such
subsection in accordance with the procedures established under
subsection (b); and
``(2) share all terrorism information described in subsection
(a)(2) in the possession of such element with the National
Counterterrorism Center.
``(d) Briefings.--Not later than June 30 and December 31 of each year
through 2028, the Director of National Intelligence and the Attorney
General shall jointly provide to the congressional intelligence
committees a briefing on the implementation of this section. Such
briefing shall include--
``(1) the opinions of the Director and the Attorney General
as to the effectiveness of the knowledge management system
required under subsection (a);
``(2) a description of any challenges identified by the
Director or the Attorney General with the knowledge management
system required under subsection (a);
``(3) an indication of the level of compliance of each
element of the intelligence community with the requirements of
this section; and
``(4) an assessment of the level of participation in the
knowledge management system of Federal law enforcement
agencies.''.
SEC. 407. NOTICE OF IMPACT OF DIPLOMATIC AND CONSULAR POST CLOSINGS ON
INTELLIGENCE ACTIVITIES.
Title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.)
is amended by adding at the end the following new section:
``SEC. 517. NOTICE OF IMPACT OF DIPLOMATIC AND CONSULAR POST CLOSINGS
ON INTELLIGENCE ACTIVITIES.
``(a) Notice Required.--Not later than 30 days after a covered
closure of a diplomatic or consular post, the Director of National
Intelligence, in consultation with the heads of the other appropriate
elements of the intelligence community as determined by the Director,
shall submit to the congressional intelligence committees a notice
describing the impact of the closure on the activities of the
intelligence community. Such notice shall include--
``(1) a description of the impact, if any, of the closure on
the activities or interests of the intelligence community;
``(2) a plan to mitigate any adverse impacts to such elements
caused by such closure; and
``(3) a description of whether, and the extent to which, the
Director and the heads of the other appropriate elements of the
intelligence community--
``(A) were consulted in the decision-making process
with respect to such closure; and
``(B) registered any concerns with or objections to
such closure.
``(b) Covered Closure of a Diplomatic or Consular Post Defined.--In
this section, the term `covered closure of a diplomatic or consular
post' means the closure of a United States diplomatic or consular post
abroad that--
``(1) is anticipated to last for 60 days or longer; or
``(2) has lasted for 60 days or longer.''.
SEC. 408. HARMONIZING POLICIES ON THE USE OF CLASSIFIED DATA IN
TRAINING OR REFINING ARTIFICIAL INTELLIGENCE MODELS.
(a) Intelligence Community-wide Policies.--Not later than 180 days
after the date of the enactment of this Act, the President shall issue
or update policies that apply to the entire intelligence community with
respect to the use of classified information for the purpose of
training or refining artificial intelligence models for use by an
element of the intelligence community.
(b) Maximum Data Usage.--The policies issued or updated under
subsection (a) shall seek to maximize to the greatest extent
practicable the amount of data that can be used for training or
refining artificial intelligence models, including maximizing the
amount of information classified at the most sensitive levels that may
be used for such training or refining, consistent with the need to
protect such information from unauthorized use and in accordance with
existing laws.
SEC. 409. ACCELERATING REVIEW OF ARTIFICIAL INTELLIGENCE CAPABILITIES
FOR DEPLOYMENT.
(a) Guidance Required.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the head of each other element of the intelligence
community, shall develop and promulgate guidance to prioritize the
completion of reviews of authorizations to operate artificial
intelligence capabilities being evaluated within an element of the
intelligence community.
(b) Congressional Notice of Lengthy Reviews.--
(1) In general.--The head of each element of the intelligence
community shall submit to the congressional intelligence
committees a notification of any review of an authorization to
operate artificial intelligence capabilities within an element
of the intelligence community the length of which exceeds a
period of 60 days. The head of such element shall submit such
notice not later than 7 days after the date on which the length
of such review exceeds such period.
(2) Sunset.--The requirements of paragraph (1) shall
terminate on the date that is five years after the date of the
enactment of this Act.
SEC. 410. ENHANCING INTELLIGENCE COMMUNITY TECHNOLOGY ADOPTION METRICS.
(a) Metric Development and Implementation.--Not later than 270 days
after the date of the enactment of this Act, the Director of National
Intelligence, the Director of the Central Intelligence Agency, the
Director of the National Security Agency, the Director of the National
Geospatial-Intelligence Agency, the Director of the National
Reconnaissance Office, and the Director of the Defense Intelligence
Agency shall each develop and implement a process (which may be
different from the processes of the other elements) that makes use of a
single set of metrics and methodologies to assess, on an agency wide,
aggregate basis, the adoption, integration, and operational impact of
emerging technologies, including artificial intelligence, within the
respective agencies of those Directors.
(b) Requirements.--The metrics and methodologies required under
subsection (a) shall include metrics and methodologies for assessing--
(1) safety and security;
(2) effectiveness and efficiency; and
(3) the impact of the use of an emerging technology on risk
to mission or likelihood of success of mission.
(c) Briefing.--Not later than one year after the date of enactment of
this Act, the head of each agency described in subsection (a) shall
provide to the congressional intelligence committees a briefing on the
implementation of this section, including--
(1) the metrics established under subsection (a);
(2) the progress of the element toward meeting such metrics;
and
(3) any recommendations of the head of such agency for
legislative or regulatory reforms to improve technology
adoption.
(d) Definitions.--In this section, the terms ``artificial
intelligence'' and ``emerging technology'' have the meaning given those
terms in section 6701 of the Intelligence Authorization Act for Fiscal
Year 2023 (division F of Public Law 117-263; 50 U.S.C. 3024 note).
SEC. 411. AI SECURITY PLAYBOOK.
(a) Requirement.--The Director of the National Security Agency,
acting through the Artificial Intelligence Security Center (or
successor office), shall develop strategies (in this section referred
to as the ``AI Security Playbook'') to defend covered AI technologies
from technology theft by threat actors.
(b) Elements.--The AI Security Playbook under subsection (a) shall
include the following:
(1) Identification of potential vulnerabilities in advanced
AI data centers and among advanced AI developers capable of
producing covered AI technologies, with a focus on
cybersecurity risks and other security challenges that are
unique to protecting covered AI technologies and critical
components of such technologies (such as threat vectors that do
not typically arise, or are less severe, in the context of
conventional information technology systems).
(2) Identification of components or information that, if
accessed by threat actors, would meaningfully contribute to
progress made by the actor with respect to developing covered
AI technologies, including with respect to--
(A) AI models and key components of such models;
(B) core insights relating to the development of
advanced AI systems, including with respect to training
such systems, the inferences made by such systems, and
the engineering of such systems; and
(C) other related information.
(3) Strategies to detect, prevent, and respond to cyber
threats by threat actors targeting covered AI technologies.
(4) Identification of the levels of security, if any, that
would require substantial involvement by the United States
Government in the development or oversight of highly advanced
AI systems.
(5) Analysis of how the United States Government would be
involved to achieve the levels of security identified in
paragraph (4), including a description of a hypothetical
initiative to build covered AI technology systems in a highly
secure governmental environment, considering, at a minimum,
cybersecurity protocols, provisions to protect model weights,
efforts to mitigate insider threats (including personnel
vetting and security clearance adjudication processes), network
access control procedures, counterintelligence and anti-
espionage measures, and other strategies that would be used to
reduce threats of technology theft by threat actors.
(c) Form.--The AI Security Playbook under subsection (a) shall
include--
(1) detailed methodologies and intelligence assessments,
which may be contained in a classified annex; and
(2) an unclassified portion with general guidelines and best
practices suitable for dissemination to relevant individuals,
including in the private sector.
(d) Engagement.--
(1) In general.--In developing the AI Security Playbook under
subsection (a), the Director shall--
(A) engage with prominent AI developers and
researchers, as determined by the Director, to assess
and anticipate the capabilities of highly advanced AI
systems relevant to national security, including by--
(i) conducting a comprehensive review of
industry documents pertaining to the security
of AI systems with respect to preparedness
frameworks, scaling policies, risk management
frameworks, and other matters;
(ii) conducting interviews with subject
matter experts;
(iii) hosting roundtable discussions and
expert panels; and
(iv) visiting facilities used to develop AI;
(B) to leverage existing expertise and research,
collaborate with a federally funded research and
development center that has conducted research on
strategies to secure AI models from nation-state actors
and other highly resourced actors; and
(C) consult, as appropriate, with such other
departments and agencies of the United States
Government as the Director determines relevant,
including the Bureau of Industry and Security of the
Department of Commerce, the Center for AI Standards and
Innovation of the National Institute of Standards and
Technology, the Department of Homeland Security, and
the Department of Defense.
(2) Nonapplicability of faca.--None of the activities
described in this subsection shall be construed to establish or
use an advisory committee subject to chapter 10 of title 5,
United States Code.
(e) Reports.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the Director shall submit to the
appropriate congressional committees a report on the AI
Security Playbook under subsection (a), including a summary of
progress on the development of Playbook, an outline of
remaining sections, and any relevant insights about AI
security.
(2) Final report.--Not later than one year after the date of
the enactment of this Act, the Director shall submit to the
appropriate congressional committees a report on the Playbook.
(3) Form.--The report submitted under paragraph (2)--
(A) shall include--
(i) an unclassified version suitable for
dissemination to relevant individuals,
including in the private sector; and
(ii) a publicly available version; and
(B) may include a classified annex.
(f) Rule of Construction.--Nothing in subsection (b)(4) shall be
construed to authorize or require any regulatory or enforcement action
by the United States Government.
(g) Definitions.--In this section:
(1) The term ``appropriate congressional committees'' means
the Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the
Senate.
(2) The terms ``artificial intelligence'' and ``AI'' have the
meaning given the term ``artificial intelligence'' in section
238(g) of the John S. McCain National Defense Authorization Act
for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. note prec.
4061).
(3) The term ``covered AI technologies'' means advanced AI
(whether developed by the private sector, the United States
Government, or a public-private partnership) with critical
capabilities that the Director determines would pose a grave
national security threat if acquired or stolen by threat
actors, such as AI systems that match or exceed human expert
performance in relating to chemical, biological, radiological,
and nuclear matters, cyber offense, model autonomy, persuasion,
research and development, and self-improvement.
(4) The term ``technology theft'' means any unauthorized
acquisition, replication, or appropriation of covered AI
technologies or components of such technologies, including
models, model weights, architectures, or core algorithmic
insights, through any means, such as cyber attacks, insider
threats, and side-channel attacks, or exploitation of public
interfaces.
(5) The term ``threat actors'' means nation-state actors and
other highly resourced actors capable of technology theft.
TITLE V--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Central Intelligence Agency
SEC. 501. GUIDANCE ON NOVEL AND SIGNIFICANT EXPENDITURES FOR PURPOSES
OF NOTIFICATION UNDER THE CENTRAL INTELLIGENCE AGENCY ACT OF
1949.
(a) In General.--Section 8(c) of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 3510(c)) is amended--
(1) by striking ``Not later than'' and inserting ``(1) Not
later than''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Not later than 180 days after the date of the enactment of
the Intelligence Authorization Act for Fiscal Year 2026, the Director
shall issue written guidance to ensure the timely identification and
reporting of novel and significant expenditures in accordance with this
subsection. Such guidance shall--
``(i) establish a definition of a novel and significant
expenditure for purposes of this subsection;
``(ii) define internal procedures to evaluate expenditures to
determine if such expenditures are novel and significant using
the definition established pursuant to clause (i); and
``(iii) require timely congressional notification in
accordance with this subsection.
``(B) The Director shall regularly review and update the guidance
issued under this paragraph as appropriate.
``(C) Not later than 60 days after the date on which the initial
guidance is issued under this paragraph and not later than 60 days
after the date on which any material revisions to such guidance take
effect, the Director shall provide a briefing to the committees
specified in paragraph (1) with respect to such guidance or such
material revisions.''.
(b) Conforming Amendment.--Section 102A(n)(5) of the National
Security Act of 1947 (50 U.S.C. 3024(n)(5)) is amended in the first
sentence by striking ``of such section'' and inserting ``of such
section, including the guidance issued under paragraph (2) of such
subsection (c)''.
SEC. 502. IMPROVEMENTS TO SECURITY OF CENTRAL INTELLIGENCE AGENCY
INSTALLATIONS.
(a) Agency Headquarters Installation.--Subsection (a)(1) of section
15 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3515) is
amended by striking ``Compound'' each place it appears and inserting
``Installation''.
(b) Unmanned Aircraft.--Such Act is further amended by inserting
after section 15 the following:
``SEC. 15A. AUTHORITY REGARDING UNMANNED AIRCRAFT SYSTEMS.
``(a) Authority to Intercept.--Notwithstanding sections 32, 2511(f),
or 3121(a) of title 18, United States Code, the Director may take, and
may authorize personnel of the Agency with assigned duties under
section 15 that include the security or protection of people,
facilities, or assets within the United States to take, the actions
described in subsection (b)(1) to mitigate a credible threat to safety
or security posed by an unmanned aircraft system in the airspace above
any specially designated property.
``(b) Authorized Actions.--
``(1) Actions described to ensure safety and security.--The
actions described in this paragraph are the following:
``(A) During the operation of the unmanned aircraft
system, detect, identify, monitor, and track the
unmanned aircraft system, without prior consent,
including by means of intercept or other access of a
wire communication, an oral communication, or an
electronic communication, used to control the unmanned
aircraft system.
``(B) Warn the operator of the unmanned aircraft
system, including by passive or active, and by direct
or indirect, physical, electronic, radio, and
electromagnetic means.
``(C) Disrupt control of the unmanned aircraft
system, without prior consent, including by disabling
the unmanned aircraft system by intercepting,
interfering, or causing interference with wire, oral,
electronic, or radio communications used to control the
unmanned aircraft system.
``(D) Seize or exercise control of the unmanned
aircraft system.
``(E) Seize or otherwise confiscate the unmanned
aircraft system.
``(F) Use reasonable force, if necessary, to disable,
damage, or destroy the unmanned aircraft system.
``(2) Limitation on actions.--
``(A) Duration.--In carrying out subsection (a), the
Director may take an action described in paragraph (1)
only for the period necessary to mitigate the threat to
safety or security identified in subsection (a).
``(B) Compliance.--In carrying out subsection (a),
the Director shall comply with the guidance developed
under subsection (c).
``(c) Guidance.--
``(1) Development.--The Director shall develop guidance for
carrying out actions described in subsection (b)(1) and
conducting research, testing, training, and evaluation under
subsection (e) in coordination with the Secretary of
Transportation and the Administrator of the Federal Aviation
Administration to ensure that any such use of a system does not
adversely affect or interfere with the safety and efficiency of
the national airspace system.
``(2) Contact requirement.--The guidance under paragraph (1)
shall include a requirement that the Director contact the
Administrator of the Federal Aviation Administration through
the appropriate channel before carrying out an action described
in subsection (b)(1) or conducting research, testing, training,
and evaluation under subsection (e).
``(3) Updates.--On an annual basis, the Director, in
coordination with the Secretary of Transportation and the
Administrator of the Federal Aviation Administration, shall
review the guidance developed under paragraph (1) and make any
necessary updates.
``(d) Forfeiture.--Any unmanned aircraft system described in
subsection (a) that is seized by the Director is subject to forfeiture
to the United States.
``(e) Research, Testing, Training, and Evaluation.--The Director may,
consistent with section 105(g) of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1805(g)), other Federal laws, and Presidential
directives, conduct research, testing, training on, and evaluation of
any equipment, including any electronic equipment, to determine the
capability and utility of the equipment prior to the use of the
equipment for any action described in subsection (b)(1).
``(f) Notifications.--
``(1) Department of justice notification.--Not later than 15
days after the date on which the Director carries out an action
described in subsection (b)(1), the Director shall notify the
Attorney General of such action.
``(2) Congressional notification.--Not later than 90 days
after the date on which the Director carries out an action
described in subsection (b)(1), the Director shall submit to
the appropriate congressional committees a notification of such
action. Such notification shall include a description of--
``(A) the action taken;
``(B) options considered by the Director to mitigate
any identified effects to the national airspace system
relating to such action, including the minimization of
the use of any technology that disrupts the
transmission of radio or electronic signals; and
``(C) whether any records or materials were
transferred to the Attorney General pursuant to
subparagraph (A) of subsection (g)(3), including the
purpose of such transfer under subparagraph (B) of such
subsection.
``(g) Maintenance of Materials.--
``(1) Limit.--Except as provided by paragraph (3), in
carrying out an action described in subsection (b)(1), the
Director may maintain records containing or regarding the
content and dialing, signaling, routing, and addressing
information associated with wire communications, oral
communications, electronic communications, and radio
communications, and may maintain parts or the whole of an
unmanned aircraft system, only if such maintenance--
``(A) is for the purpose of mitigating the threat to
safety or security of persons; and
``(B) does not exceed the period the Director
determines necessary or 30 days, whichever is shorter.
``(2) Destruction.--Except as provided by paragraph (3), the
Director shall destroy any records or materials maintained
under paragraph (1) at the end of the period specified in
paragraph (1).
``(3) Exception.--
``(A) Transfer.--If the Attorney General determines
that the maintenance of records or parts or the whole
of an unmanned aircraft system under paragraph (1) is
necessary for a longer period than authorized under
such paragraph for a purpose described in subparagraph
(B) of this paragraph, the Director shall transfer the
records or parts or the whole of an unmanned aircraft
system, as the case may be, to the Attorney General.
The Attorney General shall--
``(i) maintain the records or parts or the
whole of an unmanned aircraft system for such
purpose; and
``(ii) destroy the records or parts or the
whole of an unmanned aircraft system once such
purpose no longer applies.
``(B) Purpose described.--A purpose described in this
subparagraph is any of the following:
``(i) The investigation or prosecution of a
violation of law.
``(ii) To comply with another provision of
Federal law.
``(iii) An obligation to preserve materials
during the course of litigation.
``(4) Certifications.--
``(A) Agency.--Each time the Director carries out an
action described in subsection (b)(1), the Director
shall certify that the Director is in compliance with
paragraphs (1) and (2) of this subsection. The Director
may only delegate the authority to make such
certification to--
``(i) the General Counsel or the Principal
Deputy General Counsel; or
``(ii) the Director of Operations or the
Deputy Director of Operations.
``(B) Department of justice.--Each time the Attorney
General receives a transfer of records or parts or the
whole of an unmanned aircraft system under paragraph
(3), the Attorney General shall certify the date and
purpose of the transfer and a description of the
records or parts or the whole of an unmanned aircraft
system.
``(C) Retention.--Each certification made under
subparagraph (A) or (B) shall be retained by the
Director or the Attorney General, respectively, for a
period of at least seven years.
``(h) Rule of Construction.--Nothing in this section may be construed
as--
``(1) affecting the authorities described in section 105(g)
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1805(g));
``(2) vesting in the Director any authority of the Secretary
of Transportation or the Administrator of the Federal Aviation
Administration; or
``(3) vesting in the Secretary or Administrator any authority
of the Director.
``(i) Budget.--The Director shall submit to the congressional
intelligence committees, as a part of the budget requests of the Agency
for each fiscal year after fiscal year 2026, a consolidated funding
display that identifies the funding source for the actions described in
subsection (b)(1) within the Agency. The funding display shall be in
unclassified form, but may contain a classified annex.
``(j) Specially Designated Properties.--
``(1) List.--Specially designated properties covered by this
section are properties listed in the classified annex
accompanying the Intelligence Authorization Act for Fiscal Year
2026, or any subsequent Intelligence Authorization Act, that
meet the criteria described in paragraph (3).
``(2) Proposed modifications.--On an annual basis, the
Director shall submit to the appropriate congressional
committees proposed modifications to the list of specially
designated properties under paragraph (1) based on properties
that meet the criteria described in paragraph (3).
``(3) Criteria described.--The criteria described in this
paragraph are the following:
``(A) The property consists of premises owned,
leased, or controlled by the Agency or the Office of
the Director of National Intelligence plus a designated
perimeter adjacent to the premises.
``(B) The property is identified by the Director, in
coordination, with respect to potentially impacted
airspace, with the Secretary of Transportation, through
a risk-based assessment, as high-risk and a potential
target for unlawful unmanned aircraft system-related
activity.
``(C) The property is located in the United States
and is beneath airspace that is restricted by a
temporary flight restriction, a determination under
section 2209 of the FAA Extension, Safety, and Security
Act of 2016 (49 U.S.C. 44802 note), or any other
similar restriction determined appropriate by the
Secretary of Transportation.
``(D) The property directly relates to one or more
functions authorized to be performed by the Agency
under this Act or the National Security Act of 1947 (50
U.S.C. 3001 et seq.).
``(4) Access.--The chairmen and ranking minority members of
the appropriate congressional committees specified in
subsection (l)(1)(B) shall have access to the list of specially
designated properties under paragraph (1), and each chairman
and ranking minority member may designate one staff member of
such committees who holds the appropriate security clearance to
have such access.
``(k) Termination.--The authority to carry out this section shall
terminate on December 31, 2029.
``(l) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the following:
``(A) The Permanent Select Committee on Intelligence
of the House of Representatives and the Select
Committee on Intelligence of the Senate.
``(B) The Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate.
``(2) Radio communication.--The term `radio communication'
has the meaning given that term in section 3 of the
Communications Act of 1934 (47 U.S.C. 153).
``(3) Title 18 terms.--The terms `electronic communication',
`intercept', `oral communication', and `wire communication'
have the meanings given those terms in section 2510 of title
18, United States Code.
``(4) United states.--The term `United States' has the
meaning given that term in section 5 of title 18, United States
Code.
``(5) Unmanned aircraft system.--The term `unmanned aircraft
system' has the meaning given the term in section 44801 of
title 49, United States Code.''.
Subtitle B--Elements of Department of Defense
SEC. 511. REQUIREMENT TO AVOID DUPLICATION IN PURCHASE OF COMMERCIALLY
AVAILABLE INFORMATION FOR DEFENSE INTELLIGENCE COMPONENTS.
Subchapter I of chapter 21 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 430e. Requirement to avoid duplication in purchase of
commercially available information
``(a) Requirement for Review Prior to Purchase.--Except as provided
in subsection (b), a defense intelligence component may not purchase
commercially available information until the head of such component
determines the information intended to be purchased is not already
available for use by such component from another defense intelligence
component.
``(b) Exception.--(1) The Under Secretary of Defense for Intelligence
and Security may authorize a defense intelligence component to purchase
information otherwise prohibited by subsection (a)--
``(A) if the purchase is for the purpose of ensuring the
quality and veracity of other information purchased or the
performance of a vendor;
``(B) to obtain a sample of information to determine whether
the information would be duplicative of other information
already available to the component;
``(C) to maintain operational security of authorized
activities of the Department of Defense; or
``(D) if enforcing the prohibition would pose a significant
harm to national security or intelligence activities.
``(2) Not later than 30 days after the Under Secretary of Defense for
Intelligence and Security authorizes the purchase of information
pursuant to paragraph (1), the Under Secretary shall submit to the
congressional defense committees, the Select Committee on Intelligence
of the Senate, and the Permanent Select Committee on Intelligence of
the House of Representatives notice of the authorization, including a
description of the information authorized to be purchased and an
identification of the exception in subparagraph (A), (B), (C), or (D)
of paragraph (1) that the Under Secretary applied to authorize such
purchase.
``(c) Commercially Available Information Defined.--In this section,
the term `commercially available information' has the meaning given
that term in section 601 of the Intelligence Authorization Act for
Fiscal Year 2026.''.
SEC. 512. OVERSIGHT AND DECONFLICTION OF VENDOR SUPPORT TO CLANDESTINE
ACTIVITIES.
(a) In General.--Subchapter I of chapter 21 of title 10, United
States Code, as amended by section 511 of this Act, is further amended
by adding at the end the following new section:
``Sec. 430f. Oversight and deconfliction of vendor support to
clandestine activities
``(a) Oversight Capability.--The Secretary of Defense shall
establish, maintain, and continuously update a secure capability to
facilitate oversight, deconfliction, and risk assessments of all
commercial vendor support to the Department of Defense for clandestine
activities, including support provided by subcontractors.
``(b) Exclusions.--Notwithstanding subsection (a), if the Secretary
of Defense determines that information concerning a commercial vendor
should not be made available for use by the capability required by
subsection (a) due to operational, counterintelligence, or other
national security concerns, the Secretary--
``(1) may exclude such information from use by the capability
required by subsection (a); and
``(2) not later than 7 days after making a determination that
such information should not be made available for use by such
capability, shall submit to the congressional defense
committees, the Select Committee on Intelligence of the Senate,
and the Permanent Select Committee on Intelligence of the House
of Representatives notice of the determination that includes--
``(A) the type or category of vendor that is the
subject of such information;
``(B) with respect to such vendor, a synopsis of the
contract and the scope of work involved; and
``(C) the rationale for excluding such information
from use by the capability.
``(c) Deconfliction.--The Secretary of Defense shall ensure the
capability required by subsection (a) is used to--
``(1) deconflict the use of commercial vendors in support of
clandestine activities of the Department of Defense; and
``(2) assess operational risk and counterintelligence
exposure attributable to the use of commercial vendors in
support of clandestine activities of the Department of Defense.
``(d) Clandestine Activity Defined.--In this section, the term
`clandestine activity' means any activity where it is intended that the
role of the United States Government will not be apparent or
acknowledged publicly.''.
(b) Implementation Deadline and Reports.--
(1) Implementation deadline and certification.--Not later
than one year after the date of the enactment of this Act, the
Secretary of Defense shall--
(A) implement the requirements of section 430f of
title 10, United States Code, as added by subsection
(a) of this section; and
(B) submit to the congressional defense committees
(as defined in section 101(a) of title 10, United
States Code), the Select Committee on Intelligence of
the Senate, and the Permanent Select Committee on
Intelligence of the House of Representatives a
certification that such requirements have been
implemented.
(2) Submission of plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall--
(A) submit to the committees described in paragraph
(1)(B) a report containing the plan to implement the
requirements of such section 430f; and
(B) provide to such committees a briefing with
respect to such plan.
(3) Progress report.--Not later than one year after the date
of the enactment of this Act, the Secretary of Defense shall
provide to the committees described in paragraph (1)(B) a
briefing describing the progress of the Secretary toward
implementing the requirements of such section 430f.
SEC. 513. DISESTABLISHMENT OF ADVISORY BOARDS FOR NATIONAL GEOSPATIAL-
INTELLIGENCE AGENCY AND NATIONAL RECONNAISSANCE OFFICE.
(a) National Geospatial-Intelligence Agency.--
(1) Repeal of authority.--Section 6432 of the Intelligence
Authorization Act for Fiscal Year 2023 (Public Law 117-263; 50
U.S.C. 441 note) is repealed.
(2) Termination of board.--Notwithstanding paragraph (1), the
advisory board established by such section 6432, as in effect
on the day before the date of the enactment of this Act--
(A) shall terminate on the date that is 30 days after
the date of the enactment of this Act or such earlier
date as the advisory board considers appropriate; and
(B) until the date of the termination of the advisory
board under paragraph (1), may exercise the authorities
of the advisory board under such section 6432 for the
purpose of winding down the operations of the advisory
board.
(b) National Reconnaissance Office.--
(1) Repeal of authority.--Section 106A of the National
Security Act of 1947 (50 U.S.C. 3041a) is amended by striking
subsection (d).
(2) Termination of board.--Notwithstanding paragraph (1), the
advisory board established by such subsection (d), as in effect
on the day before the date of the enactment of this Act--
(A) shall terminate on the date that is 30 days after
the date of the enactment of this Act or such earlier
date as the advisory board considers appropriate; and
(B) until the date of the termination of the advisory
board under paragraph (1), may exercise the authorities
of the advisory board under such subsection (d) for the
purpose of winding down the operations of the advisory
board.
SEC. 514. EXPANSION OF COMMERCIAL IMAGERY AND DATA PROCUREMENT.
The Director of the National Reconnaissance Office may use funds
authorized to be appropriated for commercial remote sensing to--
(1) procure and deliver commercial imagery and data,
excluding commercial analytics, to satisfy validated
requirements of the Department of Defense or the intelligence
community;
(2) procure and deliver commercial imagery and data,
excluding commercial analytics, for any other national
security, homeland defense, or civil partner use that the
Director considers appropriate; and
(3) improve commercial remote sensing capabilities.
Subtitle C--Other Elements
SEC. 521. NOTICE OF COUNTERINTELLIGENCE ASSESSMENTS AND INVESTIGATIONS
BY THE FEDERAL BUREAU OF INVESTIGATION OF CANDIDATES FOR OR
HOLDERS OF FEDERAL OFFICE.
Title V of the National Security Act of 1947 (50 U.S.C. 3091 et
seq.), as amended by section 407 of this Act, is further amended by
adding at the end the following new section:
``SEC. 518. NOTICE OF COUNTERINTELLIGENCE ASSESSMENTS AND INVESTIGATIONS
OF FEDERAL CANDIDATES OR OFFICEHOLDERS.
``(a) Notice.--
``(1) Notice required.--Except as provided in paragraph (3),
the Director of the Federal Bureau of Investigation shall
submit to congressional leadership, the congressional
intelligence committees, and the chairmen and ranking minority
members of the Committees on the Judiciary of the House of
Representatives and the Senate notice of each
counterintelligence assessment or investigation of an
individual who is--
``(A) a candidate for Federal office;
``(B) a holder of Federal office; or
``(C) a covered congressional employee.
``(2) Contents.--The notice required under paragraph (1)
shall include--
``(A) a summary of the relevant facts associated with
the counterintelligence assessment or investigation;
and
``(B) the identity of such individual.
``(3) Exception.--The Director may refrain from providing a
notice under paragraph (1) to an individual who is otherwise a
recipient of notices under such paragraph if that individual is
a target of the counterintelligence assessment or investigation
covered by the notice.
``(b) Timing.--The Director shall submit each notice under subsection
(a) not later than 5 days after the date of the commencement of the
counterintelligence assessment or investigation that is the subject of
such notice. With respect to counterintelligence assessments or
investigations that commenced before the date of the enactment of this
section and are ongoing as of such date of enactment, the Director
shall submit each notice under subsection (a) not later than 5 days
after such date of enactment.
``(c) Identification of Covered Congressional Employees.--
``(1) Lists.--The Director may use the lists provided under
paragraph (2) to determine whether an individual is a covered
congressional employee.
``(2) Provision of lists.--The Secretary of the Senate and
the Clerk of the House of Representatives shall, not less than
semiannually, each provide to the head of each element of the
intelligence community a list of covered congressional
employees of the Senate and the House of Representatives,
respectively.
``(3) Known congressional employees.--Notwithstanding the
lack of inclusion of a person on a list provided under
paragraph (2), if a person that is subject to a
counterintelligence assessment or investigation is known to the
Federal Bureau of Investigation to be a covered congressional
employee at the time of such counterintelligence assessment or
investigation, the Director shall carry out this section as
required when the subject of a counterintelligence assessment
or investigation is a covered congressional employee.
``(d) Definitions.--In this section:
``(1) Candidate; federal office.--The terms `candidate' and
`Federal office' have the meanings given those terms in section
301 of the Federal Election Campaign Act of 1971 (52 U.S.C.
30101).
``(2) Covered congressional employee.--The term `covered
congressional employee' means an employee or officer of--
``(A) the Senate or the House of Representatives;
``(B) a Senator or a Representative in, or Delegate
or Resident Commissioner to, Congress; or
``(C) a committee of the Senate or House of
Representatives, or a joint committee of the Senate and
House of Representatives.''.
SEC. 522. REQUIREMENT FOR DEPARTMENT OF ENERGY EMPLOYEES TO REPORT
TRAVEL TO COUNTRIES OF RISK.
(a) Requirement.--Section 215(d) of the Department of Energy
Organization Act (42 U.S.C. 7144b(d)) is amended by adding at the end
the following new paragraph:
``(4) The Director shall develop and implement requirements for all
personnel of the Department of Energy that--
``(A) require such personnel to--
``(i) report to the Office any personal or official
travel to a country of risk (as defined in section
6432(a) of the Intelligence Authorization Act for
Fiscal Year 2025 (42 U.S.C. 7144b note)) or any other
country the Director considers appropriate prior to
beginning such travel;
``(ii) at the request of personnel of the Office,
receive briefings with respect to travel to such a
country prior to beginning such travel; and
``(iii) at the request of personnel of the Office,
participate in debriefings after travel to such a
country; and
``(B) prohibit bringing an electronic device provided by the
Department of Energy or that can access Department of Energy
non-public systems or data to such a country unless travel to
such country with such electronic device is approved by the
Director.''.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Director of the Office of Intelligence and
Counterintelligence of the Department of Energy shall provide to the
congressional intelligence committees a briefing on the implementation
of paragraph (4) of section 215(d) of the Department of Energy
Organization Act (42 U.S.C. 7144b(d)), as added by subsection (a) of
this section.
TITLE VI--OPEN-SOURCE INTELLIGENCE MATTERS
SEC. 601. DEFINITIONS.
In this title:
(1) Commercially available information.--The term
``commercially available information'' means information that
is--
(A) of a type customarily made available or
obtainable, sold, leased, or licensed to members of the
general public or to non-governmental entities for
purposes other than governmental purposes; or
(B)(i) intended for exclusive government use; and
(ii) knowingly and voluntarily provided by, procured
from, or made accessible by a non-governmental entity.
(2) Open-source intelligence.--The term ``open-source
intelligence'' means intelligence derived exclusively from
publicly available information or commercially available
information.
(3) Publicly available information.--The term ``publicly
available information'' means information that--
(A) is published or broadcast for public consumption;
(B) is available on request to the public, including
information available by subscription or purchase;
(C) is accessible by the public;
(D) could be seen or heard by any casual observer or
member of the public;
(E) is made available at a meeting open to the
public; or
(F) is observed by visiting any place or attending
any event that is open to the public.
SEC. 602. EFFICIENT USE OF OPEN-SOURCE INTELLIGENCE.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 3021 et seq.), as amended by section 404 of this Act, is further
amended by adding at the end the following new section:
``SEC. 124. EFFICIENT USE OF OPEN-SOURCE INTELLIGENCE.
``(a) Efficient Use Required.--The Director of National Intelligence
shall ensure that the intelligence community makes efficient and
effective use of open-source intelligence.
``(b) Designation of Responsible Officials.--
``(1) In general.--In carrying out subsection (a), the
Director of National Intelligence, in consultation with the
heads of the other elements of the intelligence community,
shall designate an official of the intelligence community who
shall be responsible for the implementation, standardization,
and harmonization of the collection and use of open-source
intelligence for each of the following areas:
``(A) Training, tradecraft, and professionalization.
``(B) Technology innovation and tool development.
``(C) Data acquisition, cataloging, and sharing.
``(D) Collection management and requirements.
``(E) Partnerships and collaborations with entities
that are not elements of the intelligence community,
including with respect to the dissemination of open-
source intelligence products and tools to departments
and agencies of the Federal Government that are not
elements of the intelligence community.
``(F) Standards and governance.
``(2) Authority to select single official for multiple
areas.--The Director of National Intelligence may designate a
single official to be responsible for more than one of the
areas identified in subparagraphs (A) through (F) of paragraph
(1).
``(c) Additional Requirements for Efficient Use.--In carrying out
subsection (a), the Director of National Intelligence shall, to the
extent practicable--
``(1) minimize the duplication of open-source intelligence
activities and open-source funding allocations among elements
of the intelligence community; and
``(2) ensure that all open-source intelligence efforts
undertaken by elements of the intelligence community are
appropriately coordinated, documented, and disclosed to the
other elements of the intelligence community.
``(d) Rule of Construction.--Nothing in this section shall be
construed to affect the applicability of any law or regulation relating
to the privacy or civil liberties of United States persons or data
pertaining to United States persons.
``(e) Open-source Intelligence Defined.--The term `open-source
intelligence' has the meaning given that term in section 601 of the
Intelligence Authorization Act for Fiscal Year 2026.''.
(b) Conforming Repeal.--Section 1052 of the National Security
Intelligence Reform Act of 2004 (title I of Public Law 108-458; 50
U.S.C. 3367) is repealed.
SEC. 603. OVERSIGHT OF ACQUISITION OF COMMERCIALLY AVAILABLE
INFORMATION.
Title I of the National Security Act of 1947 (50 U.S.C. 3021 et
seq.), as amended by section 602 of this Act, is further amended by
adding at the end the following new section:
``SEC. 125. OVERSIGHT OF ACQUISITION OF COMMERCIALLY AVAILABLE
INFORMATION.
``(a) Designation.--The Director of National Intelligence shall
designate an official within the intelligence community to oversee the
acquisition and management of commercially available information by the
elements of the intelligence community.
``(b) Duties.--The official designated under subsection (a) shall--
``(1) ensure there is deconfliction of the acquisition of
commercially available information;
``(2) prevent unnecessary duplicative acquisitions;
``(3) maximize interoperability and data sharing and minimize
acquisitions costs;
``(4) coordinate information requirements between elements of
the intelligence community and vendors providing commercially
available information to ensure clear and concise
specifications that outline the necessary features, quality
standards, performance indicators, delivery timelines, and any
other essential details;
``(5) document such requirements in formats common to the
elements of the intelligence community to ensure a shared
understanding of the information being requested;
``(6) establish an evaluation methodology to manage
procurement metrics; and
``(7) carry out such additional duties relating to the
acquisition and management of commercially available
information by the elements of the intelligence community as
the Director of National Intelligence considers appropriate.
``(c) Annual Review.--Not later than May 31, 2027, and annually
thereafter for two years, the official designated under subsection (a)
shall provide to the congressional intelligence committees a briefing
on the acquisition of commercially available information.
``(d) Commercially Available Information Defined.--The term
`commercially available information' has the meaning given that term in
section 601 of the Intelligence Authorization Act for Fiscal Year
2026.''.
SEC. 604. BUDGET MATTERS RELATING TO OPEN-SOURCE INTELLIGENCE
ACTIVITIES.
(a) Budget Information.--Subsection (d) of section 102A of the
National Security Act of 1947 (50 U.S.C. 3024) is amended by adding at
the end the following new paragraph:
``(8) In addition to other applicable requirements under this
subsection, the head of an element of the intelligence community may
not transfer, reprogram, or otherwise reduce amounts made available for
open-source intelligence activities without the prior approval of the
Director of National Intelligence, unless such amounts are less than
any threshold established by the Director under paragraph (1)(A) with
respect to requiring prior approval by the Director for transfers and
reprogrammings.''.
(b) Oversight.--Subsection (f) of such section is amended--
(1) by redesignating paragraphs (10) and (11) as paragraphs
(11) and (12), respectively; and
(2) by inserting after paragraph (9) the following new
paragraph:
``(10) The Director of National Intelligence shall--
``(A) conduct regular oversight of the open-source
intelligence activities of the elements of the intelligence
community and evaluate the effectiveness of such activities;
and
``(B) ensure that the budget information provided under
subsection (c)(2) includes information with respect to such
activities.''.
SEC. 605. BUDGET MATERIALS FOR OPEN-SOURCE INFORMATION, PUBLICLY
AVAILABLE INFORMATION, AND COMMERCIALLY AVAILABLE
INFORMATION.
Section 506 of the National Security Act of 1947 (50 U.S.C. 3096) is
amended--
(1) in subsection (a), by adding at the end the following new
paragraph:
``(5) With respect to fiscal years 2027 through 2029 and any
additional fiscal years the Director of National Intelligence
considers appropriate, the acquisition or use for intelligence
purposes of publicly available information (as defined in
section 601 of the Intelligence Authorization Act for Fiscal
Year 2026), commercially available information (as defined in
such section), or any other open-source information.'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new
subsection:
``(b) Additional Information With Respect to Publicly Available
Information, Commercially Available Information, and Other Open-source
Information.--The budget justification materials required by paragraph
(5) of subsection (a) shall include--
``(1) a summary of the primary activities and investments
that the amount requested is intended to support;
``(2) a disaggregation of such amount requested by program,
budget category, expenditure center or subproject, and any
other appropriate classification, as determined by the Director
of National Intelligence;
``(3) a comparison of the amount requested for each program
for the fiscal year that is the subject of such materials and
the amount made available for such program during the preceding
fiscal year;
``(4) the number of full-time equivalent civilian and
military personnel assigned to open-source intelligence duties
by program and across the intelligence community; and
``(5) such other information as the Director of National
Intelligence considers appropriate.''; and
(4) in subsection (c), as redesignated by paragraph (2) of
this section, by striking ``Amounts set forth under subsection
(a)'' and inserting ``Information required under this
section''.
SEC. 606. STANDARDIZATION OF TRAINING ON COLLECTION OF PUBLICLY
AVAILABLE INFORMATION AND COMMERCIALLY AVAILABLE
INFORMATION.
Title XI of the National Security Act of 1947 (50 U.S.C. 3231 et
seq.), as amended by section 406 of this Act, is further amended by
adding at the end the following new section:
``SEC. 1117. STANDARDIZATION OF TRAINING ON COLLECTION OF PUBLICLY
AVAILABLE INFORMATION AND COMMERCIALLY AVAILABLE
INFORMATION.
``(a) Establishment of Training Course.--Not later than one year
after the date of the enactment of the Intelligence Authorization Act
for Fiscal Year 2026, the official designated under section 125(a)(1)
to be responsible for subparagraph (A) of such section, in consultation
with the heads of the elements of the intelligence community, shall
establish a training course on the collection of publicly available
information and commercially available information for intelligence
purposes.
``(b) Completion of Course Required.--
``(1) In general.--The head of each element of the
intelligence community shall require all personnel of such
element whose duties include collection of publicly available
information or commercially available information for
intelligence purposes to satisfactorily complete the training
course established under subsection (a). The head of each such
element shall require the completion of such course--
``(A) with respect to personnel of such element who
are serving as such personnel on the date on which such
training course is established, not later than 180 days
after such date; and
``(B) with respect to individuals who begin service
as personnel of such element after the date on which
such training course is established, not later than 90
days after beginning such service.
``(2) Completion transferrable.--Subject to subsection (c),
completion of the training course established under subsection
(a) while serving in any element of the intelligence community
shall satisfy the requirement under paragraph (1) with respect
to service in any other element of the intelligence community
or in the same element of the intelligence community after a
break in service.
``(c) Additional Training.--The head of each element of the
intelligence community may require personnel of such element to
complete training in collection or analysis of open-source intelligence
that is in addition to the training course required under subsection
(a) as the head of such element considers appropriate to support the
mission of such element, including requiring recurring completion of
such training course.
``(d) Definitions.--In this section, the terms `commercially
available information', `open-source intelligence', and `publicly
available information' have the meaning given those terms in section
601 of the Intelligence Authorization Act for Fiscal Year 2026.''.
SEC. 607. REQUIREMENT TO PURGE INCIDENTALLY COLLECTED PUBLICLY
AVAILABLE INFORMATION OR COMMERCIALLY AVAILABLE
INFORMATION RELATING TO UNITED STATES PERSONS.
Title XI of the National Security Act of 1947 (50 U.S.C. 3231 et
seq.), as amended by section 606 of this Act, is further amended by
adding at the end the following new section:
``SEC. 1118. REQUIREMENT TO PURGE INCIDENTALLY COLLECTED PUBLICLY
AVAILABLE INFORMATION OR COMMERCIALLY AVAILABLE
INFORMATION RELATING TO UNITED STATES PERSONS.
``(a) Requirement to Purge.--The head of each element of the
intelligence community shall purge from such element any publicly
available information or commercially available information relating to
a United States person that is incidentally collected by such element.
``(b) Definitions.--In this section:
``(1) Commercially available information.--The term
`commercially available information' has the meaning given the
term in section 601 of the Intelligence Authorization Act for
Fiscal Year 2026.
``(2) Publicly available information.--The term `publicly
available information' has the meaning given the term in
section 601 of the Intelligence Authorization Act for Fiscal
Year 2026.
``(3) United states person.--The term `United States person'
has the meaning given the term in section 105A.''.
SEC. 608. UPDATE TO INTELLIGENCE COMMUNITY DIRECTIVES RELATING TO OPEN-
SOURCE INTELLIGENCE.
(a) Update Required.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
review and update, to ensure the effective and efficient use of open-
source intelligence--
(1) the provisions of Intelligence Community Directive 203,
Analytic Standards, specifically relating to timeliness and the
availability of all sources to include analytic standards for
the use of publicly available information, commercially
available information, and any other open-source information
obtained to produce finished intelligence products;
(2) Intelligence Community Directive 206, Sourcing
Requirements for Disseminated Analytic Products by--
(A) appending Intelligence Community Standard 206-01,
Citation and Reference for Publicly Available
Information, Commercially Available Information, and
Open Source Intelligence to the Directive; and
(B) directing elements of the intelligence community
to review and update tradecraft as appropriate and
provide training to analysts to ensure compliance with
such Standard; and
(3) Intelligence Community Directive 208, Maximizing the
Utility of Analytic Products.
(b) Limitation on Use of Funds.--Of the funds authorized to be
appropriated by this Act or otherwise made available for fiscal year
2026 for the Intelligence Community Management Account, two percent may
not be obligated or expended until the date on which the Director of
National Intelligence submits to the congressional intelligence
committees--
(1) notice that the updates required by subsection (d) of
section 7321 of the Intelligence Authorization Act for Fiscal
Year 2024 (division G of Public Law 118-31; 50 U.S.C. 3367
note) have been completed; and
(2) the plan required by subsection (a) of such section.
(c) Submission.--Upon updating the Intelligence Community Directives
pursuant to subsection (a), the Director shall submit such updated
Directives to the congressional intelligence committees.
SEC. 609. AUDITS OF EXPENDITURES FOR PUBLICLY AVAILABLE INFORMATION AND
COMMERCIALLY AVAILABLE INFORMATION.
(a) Audits Required.--
(1) National intelligence program.--The chief financial
officer of each element of the intelligence community shall--
(A) audit all expenditures under the National
Intelligence Program for publicly available
information, commercially available information, or any
other open-source information for intelligence
purposes; and
(B) submit an accounting of such expenditures to the
Chief Financial Officer of the Intelligence Community.
(2) Military intelligence program.--The chief financial
officer of each component of the Department of Defense that
uses funds available under the Military Intelligence Program
shall--
(A) audit all expenditures under the Military
Intelligence Program for publicly available
information, commercially available information, or any
other open-source information for intelligence
purposes; and
(B) submit an accounting of such expenditures to the
Under Secretary of Defense (Comptroller).
(b) Matters Covered.--Each audit required under this section shall
account for all expenditures relating to the collection, acquisition,
or procurement for intelligence purposes of publicly available
information, including commercially available information, or any other
open-source information using funds available under the National
Intelligence Program or the Military Intelligence Program.
(c) Submission.--The Chief Financial Officer of the Intelligence
Community and the Under Secretary of Defense (Comptroller) shall each
provide to the congressional intelligence committees and the
congressional defense committees (as defined in section 101(a) of title
10, United States Code) a briefing on the audits required by subsection
(a)--
(1) not later than June 30, 2026, with respect to
expenditures occurring during fiscal year 2024;
(2) not later than June 30, 2027, with respect to
expenditures occurring during fiscal year 2025;
(3) not later than June 30, 2028, with respect to
expenditures occurring during fiscal year 2026;
(4) not later than June 30, 2029, with respect to
expenditures occurring during fiscal year 2027;
(5) not later than June 30, 2030, with respect to
expenditures occurring during fiscal year 2028; and
(6) not later than June 30, 2031, with respect to
expenditures occurring during fiscal year 2029.
SEC. 610. QUARTERLY BRIEFINGS ON PROCUREMENT OF COMMERCIALLY AVAILABLE
INFORMATION.
During fiscal years 2026 and 2027, the head of each element of the
intelligence community shall, on a quarterly basis, provide to the
congressional intelligence committees a briefing on the obligation of
any funds available under the National Intelligence Program or the
Military Intelligence Program for the procurement of commercially
available information during the preceding fiscal quarter, including
with respect to the procurement of--
(1) bulk data;
(2) application programming interfaces; or
(3) enterprise or limited software licenses.
SEC. 611. STUDY ON ENGAGEMENT WITH OTHER AGENCIES WITH RESPECT TO OPEN-
SOURCE INTELLIGENCE REQUIREMENTS.
(a) Study.--
(1) Study required.--The Director of National Intelligence
shall conduct a study to determine the most effective way to
support the open-source intelligence requirements of other
departments and agencies of the Federal Government.
(2) Initiation date.--The Director of National Intelligence
shall begin the study required under paragraph (1) not later
than 30 days after the date of the enactment of this Act.
(b) Intelligence Community Participation.--The head of each element
of the intelligence community shall designate an officer or employee of
such element to participate in the study required under subsection (a).
(c) Matters Covered.--The study required under subsection (a) shall--
(1) determine the appropriate principal liaison within the
intelligence community for other departments and agencies of
the Federal Government to engage for assistance in collecting
and analyzing open-source intelligence;
(2) determine best practices for each element of the
intelligence community to--
(A) facilitate and develop relationships with other
departments and agencies of the Federal Government to
ensure those departments and agencies are aware of the
availability and process for requesting open-source
intelligence resources from such element; and
(B) assist those departments and agencies with
obtaining the appropriate open-source intelligence
resources from such element;
(3) review technical infrastructure connected to the
information-sharing environment of the intelligence community
that is provided to other departments and agencies of the
Federal Government to facilitate discovery, access, retention,
or destruction of intelligence or intelligence-related
information; and
(4) determine how the intelligence community will resolve
information-sharing disputes between an element of the
intelligence community and another department or agency of the
Federal Government.
(d) Briefing.--Not later than 90 days after the date of the
initiation of the study required under subsection (a), the Director of
National Intelligence shall provide to the congressional intelligence
committees a briefing on the findings of the study.
TITLE VII--INTELLIGENCE COMMUNITY WORKFORCE MATTERS
SEC. 701. UNCLASSIFIED APPRAISALS OF EMPLOYEES OF THE DEFENSE
INTELLIGENCE AGENCY.
(a) Requirements for Appraisals.--The National Security Act of 1947
(50 U.S.C. 3001 et seq.) is amended by adding at the end the following
new title:
``TITLE XII--INTELLIGENCE COMMUNITY WORKFORCE MATTERS
``SEC. 1205. UNCLASSIFIED APPRAISALS OF EMPLOYEES OF THE DEFENSE
INTELLIGENCE AGENCY.
``(a) Unclassified Appraisals.--The Director of the Defense
Intelligence Agency shall ensure that--
``(1) each performance appraisal of an employee of the
Defense Intelligence Agency includes unclassified narrative
input and unclassified rating scores for such employee from
each person providing narrative input or rating scores for such
appraisal; and
``(2) such unclassified narrative input and unclassified
rating scores are provided to such employee in unclassified
form.
``(b) Appraisals for Departing Employees.--
``(1) Requirement.--The Director of the Defense Intelligence
Agency shall require the completion of a performance appraisal
of any employee who--
``(A) terminates employment with the Defense
Intelligence Agency; and
``(B) has not received a performance appraisal that
was completed in accordance with the requirements of
subsection (a) during the one and a half year period
that ends on the date of termination of such
employment.
``(2) Timing of completion.--A performance appraisal required
under paragraph (1) shall be completed for an employee not
later than 30 days after the date on which the employee
terminates employment with the Defense Intelligence Agency.
``(c) Waiver.--The Director of the Defense Intelligence Agency may
waive the requirements of subsections (a) and (b) with respect to any
employee whose affiliation with the Defense Intelligence Agency is
classified.''.
(b) Applicability Date.--
(1) Unclassified appraisals.--Subsection (a) of section 1205
of the National Security Act of 1947, as added by subsection
(a) of this section, shall apply with respect to any appraisal
of an employee occurring on or after the date of the enactment
of this Act.
(2) Appraisals for departing employees.--Subsection (b) of
such section shall apply with respect to any employee who
terminates employment with the Defense Intelligence Agency on
or after such date.
(c) Conforming Transfers.--The National Security Act of 1947 (50
U.S.C. 3001 et seq.) is further amended as follows:
(1) Sections 1104 and 1106 are--
(A) transferred to title XII, as added by subsection
(a) of this section;
(B) inserted before section 1205, as so added; and
(C) redesignated as sections 1201 and 1202,
respectively.
(2) Section 1202, as so redesignated, is amended by striking
``1104'' each place it appears and inserting ``1201''.
SEC. 702. PROHIBITION ON REQUIRING POLITICAL OR IDEOLOGICAL ACTIVISM
WITHIN THE INTELLIGENCE COMMUNITY.
Title XII of the National Security Act of 1947, as added and amended
by section 701 of this Act, is further amended by inserting after
section 1202 the following new section:
``SEC. 1203. PROHIBITION ON REQUIRING POLITICAL OR IDEOLOGICAL ACTIVISM
WITHIN THE INTELLIGENCE COMMUNITY.
``(a) Prohibition.--The head of each element of the intelligence
community shall ensure that--
``(1) a covered individual is not required to engage in
political or ideological activism as a condition for obtaining
a positive personnel action; and
``(2) a covered individual is not awarded additional points
or otherwise be determined to be more likely to obtain a
positive personnel decision based on engaging in political or
ideological activism.
``(b) Exception for Maintenance of Cover.--Subsection (a) shall not
apply with respect to requirements that a covered individual engage in
political or ideological activism for the purposes of maintaining the
cover of such individual, as determined by the head of the element of
the intelligence community that would take a positive personnel action.
``(c) Definitions.--In this section:
``(1) Covered individual.--The term `covered individual'
means--
``(A) an applicant, employee, or former employee of
an element of the intelligence community;
``(B) an employee or former employee assigned or
detailed to an element of the intelligence community;
``(C) an employee or former employee of a contractor
of an element of the intelligence community; or
``(D) an individual contractor or former individual
contractor of an element of the intelligence community.
``(2) Political or ideological activism.--The term `political
or ideological activism' means affirmatively advocating for
beliefs, affiliations, ideals, or principles regarding matters
of contemporary political debate or social action, including
through speech, attendance at events, or membership in
organizations or groups.
``(3) Positive personnel action.--The term `positive
personnel action' means, with regard to a covered individual,
any of the following:
``(A) An appointment requested by the covered
individual.
``(B) A promotion requested by the covered
individual.
``(C) A decision not to subject the covered
individual to disciplinary or corrective action.
``(D) A detail, transfer, or reassignment, requested
by the covered individual.
``(E) A decision not to subject the covered
individual to a demotion, suspension, or termination.
``(F) A reinstatement or restoration requested by the
covered individual.
``(G) A recommendation or positive performance
evaluation.
``(H) A decision concerning pay, benefits, or awards
requested by the covered individual.
``(I) A decision not to order or recommend medical
testing or examination, including psychiatric testing
or examination, that the covered individual does not
request.
``(J) The implementation or enforcement against the
covered individual of any nondisclosure policy, form,
or agreement.
``(K) The granting of the response requested by the
covered individual with respect to any claim of
retaliatory action or harassment.
``(L) A decision not to subject the covered
individual to an investigation requested, directed,
initiated, or conducted for the primary purpose of
punishing, harassing, or ostracizing an individual for
making a protected disclosure.
``(M) A decision to provide education or training if
such education or training may reasonably be expected
to lead to an appointment, promotion, or performance
evaluation.
``(N) Any other significant change in duties,
responsibilities, or working conditions, requested by
the covered individual.''.
SEC. 703. MERIT-BASED PERSONNEL DECISIONS.
Title XII of the National Security Act of 1947, as added by section
701 and amended by sections 701 and 702 of this Act, is further amended
by inserting after section 1203 the following new section:
``SEC. 1204. MERIT-BASED PERSONNEL DECISIONS.
``(a) Requirement.--The head of each element of the intelligence
community shall ensure that no personnel action (as defined in section
1104(a)) by such element is taken with a motivating factor of any of
the following:
``(1) A desire to reverse the impacts of societal
discrimination based on race, color, religion, sex, sexual
orientation, transgender status, or national origin.
``(2) A desire to provide role models to or aid in
recruitment of individuals of the same race, color, religion,
sex, sexual orientation, transgender status, or national
origin.
``(3) A belief or assumption that certain viewpoints or
experiences can be ascribed to a person based on race, color,
religion, sex, sexual orientation, transgender status, or
national origin.
``(b) Rule of Construction.--Nothing in this section shall be
construed to prohibit the head of an element of the intelligence
community from taking into consideration linguistic ability, linguistic
background, race, color, religion, sex, sexual orientation, transgender
status, or national origin in those certain instances where such factor
is a bona fide occupational qualification reasonably necessary for
carrying out the job function, including maintenance of cover.''.
SEC. 704. EQUAL TREATMENT IN RECRUITMENT AND TRAINING OF INTELLIGENCE
COMMUNITY PERSONNEL.
Section 102A(f)(3)(A)(iv) of the National Security Act of 1947 (50
U.S.C. 3024(f)(3)(A)(iv)) is amended by striking ``through the
recruitment'' and all that follows and inserting a semicolon.
SEC. 705. TREATMENT OF CERTAIN AGENCY SERVICE AS ACTIVE-DUTY SERVICE
FOR PURPOSES OF BENEFITS ADMINISTERED BY SECRETARY
OF VETERANS AFFAIRS.
(a) Active-duty Service.--Title III of the Central Intelligence
Agency Retirement Act (50 U.S.C. 2151 et seq.) is amended--
(1) in the heading, by inserting ``and veterans affairs
benefits'' after ``system''; and
(2) by adding at the end the following new section:
``SEC. 308. TREATMENT OF CERTAIN AGENCY SERVICE AS ACTIVE-DUTY SERVICE
FOR PURPOSES OF BENEFITS ADMINISTERED BY SECRETARY
OF VETERANS AFFAIRS.
``(a) Active-duty Service.--For purposes of the benefits administered
by the Secretary of Veterans Affairs under title 38, United States
Code, or any other provision of law, an injury or illness incurred or
aggravated by the covered service of a qualifying veteran shall be
treated as an injury or illness incurred or aggravated in line of duty
in the active military, naval, air, or space service.
``(b) Definitions.--In this section:
``(1) Active military, naval, air, or space service.--The
term `active military, naval, air, or space service' has the
meaning given that term in section 101 of title 38, United
States Code.
``(2) Covered service.--The term `covered service' means
service performed by a qualifying veteran that meets the
criteria specified in the classified annex accompanying the
Intelligence Authorization Act for Fiscal Year 2026 or any
subsequent Intelligence Authorization Act.
``(3) Qualifying veteran.--The term `qualifying veteran'
means an employee of the Agency who is a veteran (as defined in
section 101 of title 38, United States Code).''.
(b) Application.--Section 308 of the Central Intelligence Agency
Retirement Act, as added by subsection (a), shall apply with respect to
injuries or illnesses incurred or aggravated before, on, or after the
date of the enactment of this Act.
TITLE VIII--MATTERS RELATING TO FOREIGN COUNTRIES
SEC. 801. NET ASSESSMENTS OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Title XI of the National Security Act of 1947 (50
U.S.C. 3231 et seq.) is amended by inserting after section 1107A the
following new section:
``SEC. 1107B. NET ASSESSMENTS OF THE PEOPLE'S REPUBLIC OF CHINA.
``(a) Net Assessments Required.--The Director of National
Intelligence, acting jointly through the National Intelligence Council
and the National Intelligence Management Council and in consultation
with the heads of the other elements of the intelligence community,
shall conduct and regularly update net assessments of the economic,
technological, financial, trade, industrial, and diplomatic power of
the People's Republic of China in comparison to the United States and
the national security implications of the activities of the People's
Republic of China in those areas.
``(b) Source Information.--In conducting and updating net assessments
under subsection (a), the Director of National Intelligence shall use--
``(1) open-source information with respect to the portion of
the assessment relating to the United States; and
``(2) all-source information with respect to the portion of
the assessment relating to the People's Republic of China.
``(c) Availability.--The Director of National Intelligence shall,
consistent with the protection of sources and methods, make net
assessments required under this section readily available and
accessible to other departments and agencies of the Federal Government
and to the congressional intelligence committees.''.
(b) First Assessment.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
complete and submit to the congressional intelligence committees the
first net assessment required under section 1107B of the National
Security Act of 1947, as added by subsection (a) of this section.
SEC. 802. NATIONAL INTELLIGENCE MANAGEMENT COUNCIL MISSION MANAGER FOR
THE PEOPLE'S REPUBLIC OF CHINA.
Section 103M of the National Security Act of 1947 (50 U.S.C. 3034d)
is amended by adding at the end the following new subsection:
``(g) National Intelligence Manager for the People's Republic of
China.--
``(1) Establishment.--Not later than 180 days after the date
of the enactment of the Intelligence Authorization Act for
Fiscal Year 2026 and subject to paragraph (2), the Director of
National Intelligence shall appoint a member of the National
Intelligence Management Council as the National Intelligence
Manager for matters relating to the People's Republic of China.
``(2) Waiver.--
``(A) In general.--The Director of National
Intelligence may waive the requirement under paragraph
(1) if the Director of National Intelligence submits to
the congressional intelligence committees a
certification that the appointment described in
paragraph (1) would not advance the national security
interests of the United States.
``(B) Period of waiver.--A waiver under subparagraph
(A) shall apply for the two-year period beginning on
the date on which the Director of National Intelligence
submits the certification described in such
subparagraph. The Director may renew the period of
applicability of a waiver by submitting additional
certifications under such subparagraph.
``(3) Termination.--The requirements of this subsection shall
terminate on December 31, 2030.''.
SEC. 803. NATIONAL INTELLIGENCE ESTIMATE OF ADVANCEMENTS IN
BIOTECHNOLOGY BY THE PEOPLE'S REPUBLIC OF CHINA.
Not later than one year after the date of the enactment of this Act,
the Director of National Intelligence, acting through the National
Intelligence Council, shall--
(1) produce a National Intelligence Estimate with respect to
advancements by the People's Republic of China in biotechnology
and any other significant technology or science sector the
Director considers related; and
(2) submit such National Intelligence Estimate to the
congressional intelligence committees.
SEC. 804. EXTENSION OF INTELLIGENCE COMMUNITY COORDINATOR FOR RUSSIAN
ATROCITIES ACCOUNTABILITY.
Section 6512 of the Intelligence Authorization Act for Fiscal Year
2023 (division F of Public Law 117-263; 136 Stat. 3543; 50 U.S.C. 3025
note) is amended--
(1) in subsection (b)--
(A) in paragraph (2)(A), by inserting before the
period the following: ``, including with respect to the
forcible transfer and deportation of Ukrainian
children''; and
(B) in paragraph (4)(A), by striking ``2026'' and
inserting ``2028''; and
(2) in subsection (c), by striking ``the date that is 4 years
after the date of the enactment of this Act.'' and inserting
``December 31, 2028. The Director and Coordinator shall carry
out this section before such date regardless of any ceasefire
or cessation of armed hostilities by Russia in Ukraine
occurring before such date.''.
SEC. 805. STUDY ON COLLECTION AND ANALYSIS BY INTELLIGENCE COMMUNITY OF
FOREIGN ATROCITIES.
(a) Study.--Not later than two years after the date of the enactment
of this Act, the Director of the Central Intelligence Agency, acting
through the Center for the Study of Intelligence, shall submit to the
congressional intelligence committees a study describing the historical
approach by the intelligence community to collect, analyze, and
disseminate relevant intelligence regarding the risk of and commission
of atrocities worldwide since 2010.
(b) Elements.--The study under subsection (a) shall include an
examination of the following:
(1) How the intelligence community has prioritized collection
of intelligence regarding the risk of and commission of
atrocities worldwide since 2010, including the placement of
such intelligence on the National Intelligence Priorities
Framework.
(2) Responsiveness of the intelligence community to the
requirements of policymakers with respect to such intelligence.
(3) Previous intelligence community-coordinated assessments
on such intelligence, including national intelligence estimates
and individual products and product lines, including the
Intelligence Community Atrocities Watchlist, dedicated to
atrocities-related topics.
(4) The assessed utility to policymakers of such previous
intelligence community assessments and products.
(5) Observable trends with respect to the matters described
in paragraphs (1) through (4).
(6) The effects, including the assessed utility to
policymakers, of the coordinator for Russian atrocities
accountability designated under section 6512 of the
Intelligence Authorization Act for Fiscal Year 2023 (division F
of Public Law 117-263; 136 Stat. 3543; 50 U.S.C. 3025 note).
(7) The effects, including the assessed utility to
policymakers, of the coordinator for accountability of
atrocities of the People's Republic of China designated under
section 7401 of the Intelligence Authorization Act for Fiscal
Year 2024 (division G of Public Law 118-31; 137 Stat. 1068; 50
U.S.C. 3025 note).
(8) Any other related matters the Director determines
appropriate.
(c) Form.--The study under subsection (a) shall contain an
unclassified executive summary.
SEC. 806. INTELLIGENCE SUPPORT FOR UKRAINE.
(a) In General.--The Director of National Intelligence shall ensure
that each head of a relevant element of the intelligence community, as
determined by the Director, provides to the Government of Ukraine
intelligence support, including information, intelligence, and imagery
collection authorized under the provisions of law applicable to the
intelligence community, including the National Security Act of 1947 (50
U.S.C. 3001 et seq.), sufficient to support and enable robust
operations of the Government of Ukraine that are specifically intended
or reasonably expected to defend and retake the territory of Ukraine
from the Russian Federation, unless the Director determines there is a
compelling interest to not provide such support.
(b) Notifications.--Each head of an element of the intelligence
community shall submit to the congressional intelligence committees a
notification of any interruption in intelligence support provided to
the Government of Ukraine by that element by not later than 7 days
after the date on which such interruption begins.
TITLE IX--REPORTS AND OTHER MATTERS
SEC. 901. MODIFICATIONS TO ACCESS TO RESTRICTED DATA UNDER THE ATOMIC
ENERGY ACT OF 1954.
(a) Requirements.--Subsection b. of section 145 of the Atomic Energy
Act of 1954 (42 U.S.C. 2165(b)) is amended--
(1) by striking ``Except'' and inserting ``(1) Except''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Paragraph (1) shall not apply to the President, the Vice
President, Members of Congress, or a justice or judge of the United
States (as those terms are defined in section 451 of title 28, United
States Code).
``(B) Beginning not later than 90 days after the date of the
Intelligence Authorization Act for Fiscal Year 2026, the Secretary of
Energy, in coordination with the Director of National Intelligence, or
such other officer of the United States acting as the Security
Executive Agent pursuant to subsection (a) of section 803 of the
National Security Act of 1947 (50 U.S.C. 3162a), shall--
``(i) maintain an up-to-date list of each individual who
holds a position described in subparagraph (A); and
``(ii) verify that such individual is authorized to access
Restricted Data by virtue of holding such a position--
``(I) in coordination with the appropriate security
official of the organization of the individual,
including the Sergeants at Arms of the House of
Representatives and the Senate with respect to Members
of Congress; and
``(II) in a manner that does not require more
personally identifying information of the individual
than the Director of National Intelligence requires to
verify access by such individuals to classified
information.''.
(b) Notification.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Energy, in coordination with
the Director of National Intelligence, or such other officer of the
United States acting as the Security Executive Agent pursuant to
subsection (a) of section 803 of the National Security Act of 1947 (50
U.S.C. 3162a), shall notify the congressional intelligence committees
of the status of carrying out paragraph (2) of subsection b. of section
145 of the Atomic Energy Act of 1954, as added by subsection (a).
SEC. 902. REVISIONS TO CONGRESSIONAL NOTIFICATION OF INTELLIGENCE
COLLECTION ADJUSTMENTS.
Section 22 of the National Security Agency Act of 1959 (50 U.S.C.
3620) is amended--
(1) in subsection (a)--
(A) by striking ``the occurrence of an intelligence
collection adjustment'' and inserting ``that a covered
intelligence collection or sharing adjustment has
occurred''; and
(B) by striking ``notification of the intelligence
collection adjustment'' and inserting ``summary of such
adjustment and the cause of such adjustment''; and
(2) in subsection (b), by amending paragraph (2) to read as
follows:
``(2) Covered intelligence collection or sharing
adjustment.--The term `covered intelligence collection or
sharing adjustment' means an action or inaction by the National
Security Agency that results in a significant change to--
``(A) the quantity of intelligence collected by the
National Security Agency with respect to a foreign
country, foreign organization, or senior leader of a
foreign country or foreign organization; or
``(B) policies or practices of the National Security
Agency with respect to the sharing of intelligence with
a foreign country, organization of foreign countries,
or organization of countries of which the United States
is a member.''.
SEC. 903. ANNUAL SUBMISSION OF INTELLIGENCE COMMUNITY DRUG CONTROL
PROGRAM BUDGET PROPOSAL.
(a) Requirement.--Section 506 of the National Security Act of 1947
(50 U.S.C. 3096), as amended by section 605 of this Act, is further
amended--
(1) by redesignating subsection (c), as redesignated by
paragraph (2) of such section 605, as subsection (d); and
(2) by inserting after subsection (b), as added by paragraph
(3) of such section 605, the following:
``(c) Intelligence Community Drug Control Program Budget.--(1) The
Director of National Intelligence shall annually develop a consolidated
Intelligence Community Drug Control Program Budget.
``(2) Not later than 30 days after the date on which the Director of
National Intelligence submits to the congressional intelligence
committees the classified intelligence budget justification materials
for a fiscal year under section 506J, the Director shall submit to such
committees a summary of the consolidated Intelligence Community Drug
Control Program Budget for that fiscal year. To the extent practicable,
the Director shall organize such summary in a similar manner as the
National Drug Control Program budget under section 704(c) of the Office
of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C.
1703(c)).
``(3) Each summary under paragraph (2) shall include the following:
``(A) A certification by the Director stating that the
consolidated Intelligence Community Drug Control Program Budget
is designed to implement the responsibilities of the
intelligence community in support of the counter-drug efforts
of the United States, as reflected in the National Drug Control
Strategy under section 706 of the Office of National Drug
Control Policy Reauthorization Act of 1998 (21 U.S.C. 1705) and
the National Interdiction Command and Control Plan under
section 711(a)(4) of such Act (21 U.S.C. 1710(a)(4)).
``(B) A description of the key accomplishments of the
intelligence community with respect to counternarcotics during
the fiscal year in which the summary is submitted and the
previous fiscal year.
``(C) The total amounts requested for the National
Intelligence Program for counternarcotics for the fiscal year
covered by the summary and for the previous fiscal year.
``(D) Each of the total amounts under subparagraph (C),
disaggregated by each element of the intelligence community at
the expenditure center, project, and subproject levels.
``(E) Any other information the Director determines
appropriate to provide the congressional intelligence
committees with a consolidated, comprehensive, and detailed
understanding of the amounts, activities, and purposes of the
amounts requested for the National Intelligence Program for
counternarcotics for the fiscal year covered by the summary.
``(4) Each head of an element of the intelligence community shall
timely provide to the Director of National Intelligence the information
the Director requires to develop each summary under paragraph (2).''.
(b) Clerical Amendment.--Such section 506 is amended in the heading
by adding at the end the following: ``; intelligence community drug
control program budget''.
(c) Conforming Amendment.--Section 7320(a) of the Intelligence
Authorization Act for Fiscal Year 2024 (division G of Public Law 118-
31; 50 U.S.C. 3096 note) is amended by striking ``2027'' and inserting
``2026''.
SEC. 904. REPEAL OF ANNUAL REPORT ON FINANCIAL INTELLIGENCE ON
TERRORIST ASSETS.
(a) Repeal.--Section 118 of the National Security Act of 1947 (50
U.S.C. 3055) is repealed.
(b) Conforming Amendment.--Section 507(a) of such Act (50 U.S.C.
3106(a)) is amended--
(1) by striking paragraph (5); and
(2) by redesignating paragraph (6) as paragraph (5).
SEC. 905. REPEAL OF OUTDATED OR UNNECESSARY REPORTING REQUIREMENTS.
(a) National Security Act of 1947.--
(1) Hiring and retention of minority employees.--Section 114
of the National Security Act of 1947 (50 U.S.C. 3050) is
repealed.
(2) Foreign malign influence center.--Section 119C of the
National Security Act of 1947 (50 U.S.C. 3059) is amended--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection
(d).
(3) Counterintelligence and national security protections for
intelligence community grant funding.--Section 121 of the
National Security Act of 1947 (50 U.S.C. 3061) is amended by
striking subsection (c).
(4) Authorization of support by director of national
intelligence for certain workforce activities.--Section 1025(c)
of the National Security Act of 1947 (50 U.S.C. 3224a) is
amended by striking ``to--'' and all that follows through
``workforce.'' and inserting ``to the recruitment or retention
of the intelligence community workforce.''.
(5) National intelligence university.--Subtitle D of title X
of the National Security Act of 1947 (50 U.S.C. 3327 et seq.)
is amended--
(A) by striking section 1033; and
(B) by redesignating sections 1034 and 1035 as
sections 1033 and 1034, respectively.
(6) Measures to mitigate counterintelligence threats from
proliferation and use of foreign commercial spyware.--Section
1102A(b)(1) of the National Security Act of 1947 (50 U.S.C.
3232a) is amended by inserting ``for five years'' after
``annually thereafter''.
(7) Best practices to protect privacy, civil liberties, and
civil rights of chinese americans.--Title XI of the National
Security Act of 1947 (50 U.S.C. 3231 et seq.) is amended by
striking section 1110.
(b) Intelligence Authorization Acts.--
(1) Expansion of security clearances for certain
contractors.--Section 6715 of the Intelligence Authorization
Act for Fiscal Year 2023 (division F of Public Law 117-263; 136
Stat. 3572) is amended--
(A) by striking subsection (c); and
(B) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively.
(2) Trends in technologies of strategic importance to united
states.--Section 833 of the Intelligence Authorization Act for
Fiscal Year 2022 (division X of Public Law 117-103; 136 Stat.
1035) is repealed.
(3) Cooperative actions to detect and counter foreign
influence operations.--Section 5323 of the Damon Paul Nelson
and Matthew Young Pollard Intelligence Authorization Act for
Fiscal Years 2018, 2019, and 2020 (division E of Public Law
116-92; 50 U.S.C. 3369) is amended--
(A) by striking subsections (d), (e), and (f); and
(B) by redesignating subsections (g) and (h) as
subsections (d) and (e), respectively.
(4) Assessment of homeland security vulnerabilities
associated with certain retired and former personnel of the
intelligence community.--Section 5717 of the Damon Paul Nelson
and Matthew Young Pollard Intelligence Authorization Act for
Fiscal Years 2018, 2019, and 2020 (division E of Public Law
116-92; 50 U.S.C. 3334c) is repealed.
(5) National security effects of global water insecurity and
emerging infectious disease and pandemics.--Section 6722 of the
Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020
(division E of Public Law 116-92; 50 U.S.C. 3024 note) is
repealed.
(6) Counter active measures by russia, china, iran, north
korea, or other nation state to exert covert influence.--
Section 501 of the Intelligence Authorization Act for Fiscal
Year 2017 (division N of Public Law 115-31; 50 U.S.C. 3001
note) is amended by striking subsection (h).
(c) Other Provisions of Law.--
(1) Strikes against terrorist targets outside areas of active
hostilities.--Section 1723(a) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133
Stat. 1811) is amended by striking ``2027'' and inserting
``2026''.
(2) Monitoring mineral investments under belt and road
initiative of people's republic of china.--Section 7003 of the
Energy Act of 2020 (division Z of Public Law 116-260; 50 U.S.C.
3372) is repealed.
(3) Proposal to modify or introduce new aircraft or sensors
for flight by the russian federation under open skies treaty.--
Section 1242 of the Carl Levin and Howard P. `Buck' McKeon
National Defense Authorization Act for Fiscal Year 2015 (Public
Law 113-291; 128 Stat. 3563) is repealed.
(4) Efforts of state sponsors of terrorism, other foreign
countries, or entities to illicitly acquire satellites and
related items.--Section 1261 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112-239; 22
U.S.C. 2278 note) is amended by striking subsection (e).
(5) Commerce with, and assistance to, cuba from other foreign
countries.--Section 108 of the Cuban Liberty and Democratic
Solidarity (LIBERTAD) Act of 1996 (Public Law 104-114; 22
U.S.C. 6038) is repealed.
SEC. 906. NOTIFICATION OF MATERIAL CHANGES TO POLICIES OR PROCEDURES
GOVERNING TERRORIST WATCHLIST AND TRANSNATIONAL ORGANIZED
CRIME WATCHLIST.
(a) Notification of Material Changes.--
(1) Notification required.--The Director of the Federal
Bureau of Investigation shall submit to the appropriate
congressional committees notice of any material change to a
policy or procedure relating to the terrorist watchlist or the
transnational organized crime watchlist, including any change
to the policy or procedure for adding or removing a person from
either watchlist. Each notification under this subsection shall
include a summary of the material changes to such policy or
procedure.
(2) Timing of notification.--Each notification required under
paragraph (1) shall be submitted not later than 30 days after
the date on which a material change described in paragraph (1)
takes effect.
(b) Requests by Appropriate Committees.--Not later than 30 days after
receiving a request from an appropriate congressional committee, the
Director of the Federal Bureau of Investigation shall submit to such
committee all guidance in effect as of the date of the request that
applies to or governs the use of the terrorist watchlist or the
transnational organized crime watchlist.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(2) Terrorist watchlist.--The term ``terrorist watchlist''
means the Terrorist Screening Dataset or any successor or
similar watchlist.
(3) Transnational organized crime watchlist.--The term
``transnational organized crime watchlist'' means the watchlist
maintained under the Transnational Organized Crime Actor
Detection Program or any successor or similar watchlist.
SEC. 907. ANNUAL REPORT ON UNITED STATES PERSONS ON THE TERRORIST WATCH
LIST.
(a) Report.--Not later than January 31, 2026, and annually thereafter
for two years, the Director of the Federal Bureau of Investigation
shall submit to the appropriate congressional committees a report on
known or presumed United States persons who are included on the
terrorist watchlist.
(b) Contents.--Each report required under subsection (a) shall
include, with respect to the preceding calendar year, the following
information:
(1) The total number of persons who were included on the
terrorist watchlist as of January 1 and the total number of
such persons included as of December 31.
(2) The total number of known or presumed United States
persons who were included on the terrorist watchlist as of
January 1 and the total number of such persons included as of
December 31, including with respect to each of those dates--
(A) the number of known or presumed United States
persons who were included on a no fly list;
(B) the number of known or presumed United States
persons who were included on a selectee list for
additional screening;
(C) the number of known or presumed United States
persons who were included on the terrorist watchlist as
an exception to a reasonable suspicion standard and who
are not subject to additional screening, but who are
included on the list to support specific screening
functions of the Federal Government;
(D) the name of each terrorist organization with
which the known or presumed United States persons are
suspected of being affiliated and the number of such
persons who are suspected of affiliating with each such
terrorist organization; and
(E) an identification of each Federal agency that
nominated the United States persons to the terrorist
watchlist and the number of such persons nominated by
each Federal agency.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Select
Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of
Representatives.
(2) Terrorist watchlist.--The term ``terrorist watchlist''
means the Terrorist Screening Dataset or any successor or
similar watchlist.
(3) United states person.--The term ``United States person''
has the meaning given the term in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
SEC. 908. PLAN ON USE OF PROPOSED WEB OF BIOLOGICAL DATA.
(a) Plan.--The Secretary of Energy, in coordination with the heads of
the elements of the intelligence community, shall develop a plan on the
use by the intelligence community of the proposed web of biological
data as described in recommendation 4.1a of the report titled
``Charting the Future of Biotechnology'' published by the National
Security Commission on Emerging Biotechnology in April 2025 pursuant to
section 1091 of the National Defense Authorization Act for Fiscal Year
2022 (Public Law 117-81; 135 Stat. 1929).
(b) Briefing.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall provide to the congressional
intelligence committees a briefing on the plan under subsection (a).
Purpose
The purpose of H.R. 5167, the Intelligence Authorization
Act for Fiscal Year 2026 (the Act), is to authorize the
intelligence and intelligence-related activities of the United
States Government for Fiscal Year 2026.
Classified Annex and Committee Intent
The classified annex to this bill includes the classified
Schedule of Authorizations, as well as directive and
explanatory language. The classified Schedule of Authorizations
is incorporated directly into the Act by Section 102 of the Act
and has the legal status of public law. Elements of the
Intelligence Community shall strictly comply with all Committee
direction and other guidance contained in the classified annex.
The classified annex, including the classified Schedule of
Authorizations, will be made available for review by all
Members of the House of Representatives on conditions set by
the Committee at the time of its consideration of H.R. 5167.
Scope of Committee Review
The Act authorizes United States intelligence and
intelligence-related activities within the jurisdiction of the
Committee, including the National Intelligence Program (NIP),
the Military Intelligence Program (MIP), and the Information
Systems Security Program (ISSP).
The NIP consists of those intelligence activities of the
United States Government that provide the President, other
Executive Branch officials, and Congress with national
intelligence on broad strategic concerns bearing on U.S.
national security. The NIP funds activities of the Office of
the Director of National Intelligence; the Central Intelligence
Agency, including the CIA Retirement and Disability System;
certain intelligence, counterintelligence, and intelligence-
related activities of the Department of Defense, including the
Defense Intelligence Agency, the National Security Agency, the
National Geospatial-Intelligence Agency, and the National
Reconnaissance Office; and the intelligence elements of the
Department of Energy; the Department of Homeland Security,
including the U.S. Coast Guard; the Department of Justice,
including the Federal Bureau of Investigation and the Drug
Enforcement Administration; the Department of State; and the
Department of the Treasury. The MIP consists of those
intelligence activities of the United States Government that
provide the President, other Executive Branch officials, and
Congress with military intelligence bearing on U.S. national
security, including the tactical intelligence and intelligence-
related activities of the Department of Defense. The MIP funds
certain activities of the Army, Navy, Marine Corps, Air Force,
Space Force, Special Operations Command, the Defense
Intelligence Agency, the National Geospatial-Intelligence
Agency, the National Security Agency, the National
Reconnaissance Office, and other elements of the Department of
Defense.
The Committee has exclusive or concurrent legislative and
oversight jurisdiction of these activities--and exclusive
jurisdiction to review and study the sources and methods of the
Intelligence Community.
Briefing on Oil and Chemical Transactions Between Iran and the People's
Republic of China
The Committee directs the Assistant Secretary of the
Department of Treasury's Office of Intelligence and Analysis,
in collaboration with the Commander of the Office of Naval
Intelligence, to provide a briefing to the congressional
intelligence committees not later than March 31, 2026 on oil
and certain chemical transactions between the People's Republic
of China and Iran. The briefing shall include: (1) an analysis
of PRC purchases of Iranian oil since 2020, including an
analysis of the use of transshipment points and shell companies
as methods to insulate the PRC from sanctions; and (2) an
analysis of significant financial transactions by PRC entities
involving the sale, supply, or transfer to Iran of chemical
precursors and other sensitive materials, including material
that may support the Iranian Revolutionary Guard Corps'
ballistic missile program.
Department of State Bureau of Intelligence and Research Staffing Levels
The Committee directs the Assistant Secretary of State for
Intelligence and Research to provide a briefing to the
congressional intelligence committees not later than January
30, 2026, on the staffing levels at each Bureau of Intelligence
and Research (INR) office. The briefing shall include the
following information: (1) the number of civilian full-time
equivalents (FTEs) and contractors employed within each INR
office as of October 1, 2024 and October 1, 2025; (2) the
number of civilian FTE billets for each INR office as of
October 1, 2024 and October 1, 2025; (3) the number of civilian
FTEs who opted into voluntary workforce shaping programs in
Fiscal Year 2025, categorized in each of the following:
Deferred Resignation Program, Voluntary Early Retirement
Authority, and Voluntary Separation Incentive Payments; (4) the
number of contractors who left INR in Fiscal Year 2025 due to
contract terminations; and, (5) for civilian FTEs terminated as
a result of a Reduction in Force, the stated rationale for each
termination, how the determination to terminate each individual
was made, and the billet to which they were assigned prior to
termination. The briefing shall be provided at the appropriate
classification level and shall protect personally identifiable
information.
Intelligence Assessment on Hong Kong Special Administrative Region's
Role as Sanctions Evasion, Illicit Finance, and Technology
Transshipment Hub
The Committee directs the Assistant Secretary of the
Department of Treasury's Office of Intelligence and Analysis to
submit an intelligence assessment to the congressional
intelligence committees not later than March 31, 2026 on the
Hong Kong Special Administrative Region's role as a sanctions
evasion, illicit finance, and technology transshipment hub used
to assist Russia, Iran, and North Korea. The assessment shall
assess: (1) the role of Hong Kong in facilitating the transfer
of dual-use components and facilitating trade and financial
transactions that violate U.S. sanctions; (2) the role of the
PRC's June 30, 2020 National Security Law in limiting the
ability of PRC financial institutions to adhere to global
standards for anti-money laundering and know-your-customer
procedures; and (3) the level of cooperation by Hong Kong
authorities with respect to the enforcement of U.S. export
controls and sanctions regimes.
Briefing on Department of Defense Senior Intelligence Oversight
Official
The Committee recognizes the continuing need for
independent oversight of all Department of Defense
intelligence, intelligence-related, and sensitive activities.
Section 921 of the National Defense Authorization Act for
Fiscal Year 2025 (Public Law 181-159) codified the role of the
Senior Intelligence Oversight Official (SIOO) with the
responsibility to conduct independent oversight of all
intelligence, counterintelligence, and intelligence-related
activities of the Department of Defense. Section 921 also
directed the Department to review and update Department of
Defense Directive 5148.13 to conform with this change. An SIOO
with awareness and oversight responsibilities across the
spectrum of intelligence-related, and sensitive activities is
critical to enabling success and managing risk to the
Department's most impactful programs. Therefore, the Committee
directs the Secretary of Defense to provide a briefing to the
congressional intelligence committees not later than February
18, 2026, on how the Department is implementing the
requirements of Section 921, to include providing the SIOO with
access to all information necessary to carry out the
responsibilities and functions of the role and steps the
Department has taken to prevent the bifurcation of this
oversight function. The briefing shall also include an update
on the status of the review of Department of Defense Directive
5148.13.
Intelligence Assessment on DPRK Advancements From Participation in
Russia-Ukraine Conflict
The Committee directs the Director of the Defense
Intelligence Agency to submit an intelligence assessment to the
congressional intelligence committees not later than March 31,
2026 on how the Democratic People's Republic of Korea has
advanced its military capabilities through its participation in
the Russia-Ukraine conflict. The assessment shall include a
description of the DPRK's offensive and defensive military
posture and capabilities; what lessons the DPRK has learned,
and how it has improved or changed its tactics, techniques and
procedures; how these developments could impact the DPRK's
behavior in a potential conflict with the Republic of Korea;
and any weapons or technology proliferation from Russia and
Russia's partners to the DPRK.
Intelligence Assessment on the Intelligence Relationship Between the
People's Republic of China and Pakistan
The Committee directs the Director of the Central
Intelligence Agency to submit an intelligence assessment to the
congressional intelligence committees not later than March 31,
2026 on the intelligence relationship between the People's
Republic of China and Pakistan, including an assessment of
intelligence sharing during India-Pakistan crises and a
description of how increased cooperation between Pakistan and
the PRC could impact escalation dynamics in South Asia.
Committee Consideration
On September 10, 2025, the Permanent Select Committee on
Intelligence met in open session and marked up the bill, H.R.
5167, Intelligence Authorization Act for Fiscal Year 2026, and
favorably reported the amendment in the nature of substitute,
by unanimous consent, a quorum being present.
Committee Votes
Mr. Himes then moved, pursuant to House Rule XI, clause
2(g)(2)(a) that the meeting be closed because testimony,
evidence, or other matters to be discussed would endanger
national security. The motion was agreed to by a recorded vote
of 25 ayes to 0 noes: Voting aye: Crawford, E., Kelly, T.,
Stefanik, E., Fitzpatrick, B., Scott, A., Hill, F., Crenshaw,
D., Perry, S., Jackson, R., Wagner, A., Cline, B., Steube, G.,
Tenney, C., Fallon, P., Himes, J., Carson, A., Castro, J.,
Krishnamoorthi, R., Crow, J., Bera, A., Plaskett, S.,
Gottheimer, J., Houlahan, C., Quigley, M., Cohen, S. Voting no:
None
Following closed discussion, the Committee returned to open
session and considered amendments. In compliance with clause
3(b) of House rule XIII, the following roll call votes occurred
during the Committee's consideration of H.R. 5167:
1. Amendment #1 to H.R. 5167 Amendment in the Nature
of Substitute (ANS), offered by Mr. Fitzpatrick, passed
by a voice vote.
2. Amendment #2 to H.R. 5167 ANS, offered by Ms.
Houlahan, failed by a recorded vote of 12 ayes and 14
noes. Voting aye: Himes, J., Carson, A., Castro, J.,
Krishnamoorthi, R., Crow, J., Bera, A., Plaskett, S.,
Gottheimer, J., Gomez, J., Houlahan, C., Quigley, M.,
Cohen, S. Voting no: Crawford, E., Kelly, T., Stefanik,
E., Fitzpatrick, B., Scott, A., Hill, F., Crenshaw, D.,
Perry, S., Jackson, R., Wagner, A., Cline, B., Steube,
G., Tenney, C., Fallon, P.
3. Amendment #3 to H.R. 5167 ANS, offered by Mr.
Perry, passed by a voice vote.
4. Amendment #4 to H.R. 5167 ANS, offered by Mr.
Krishnamoorthi, failed by a recorded vote of 12 ayes
and 14 noes. Voting aye: Himes, J., Carson, A., Castro,
J., Krishnamoorthi, R., Crow, J., Bera, A., Plaskett,
S., Gottheimer, J., Gomez, J., Houlahan, C., Quigley,
M., Cohen, S. Voting no: Crawford, E., Kelly, T.,
Stefanik, E., Fitzpatrick, B., Scott, A., Hill, F.,
Crenshaw, D., Perry, S., Jackson, R., Wagner, A.,
Cline, B., Steube, G., Tenney, C., Fallon, P.
5. Amendment #5 to H.R. 5167 ANS, offered by Ms.
Houlahan, failed by a recorded vote of 12 ayes and 14
noes. Voting aye: Himes, J., Carson, A., Castro, J.,
Krishnamoorthi, R., Crow, J., Bera, A., Plaskett, S.,
Gottheimer, J., Gomez, J., Houlahan, C., Quigley, M.,
Cohen, S. Voting no: Crawford, E., Kelly, T., Stefanik,
E., Fitzpatrick, B., Scott, A., Hill, F., Crenshaw, D.,
Perry, S., Jackson, R., Wagner, A., Cline, B., Steube,
G., Tenney, C., Fallon, P.
6. Amendment #6 to H.R. 5167 ANS, offered by Mr.
Gomez, J., failed by a recorded vote of 12 ayes and 14
noes. Voting aye: Himes, J., Carson, A., Castro, J.,
Krishnamoorthi, R., Crow, J., Bera, A., Plaskett, S.,
Gottheimer, J., Gomez, J., Houlahan, C., Quigley, M.,
Cohen, S. Voting no: Crawford, E., Kelly, T., Stefanik,
E., Fitzpatrick, B., Scott, A., Hill, F., Crenshaw, D.,
Perry, S., Jackson, R., Wagner, A., Cline, B., Steube,
G., Tenney, C., Fallon, P.
7. Amendment #7 to H.R. 5167 ANS, offered by Mr.
Crow, failed by a recorded vote of 12 ayes and 14 noes.
Voting aye: Himes, J., Carson, A., Castro, J.,
Krishnamoorthi, R., Crow, J., Bera, A., Plaskett, S.,
Gottheimer, J., Gomez, J., Houlahan, C., Quigley, M.,
Cohen, S. Voting no: Crawford, E., Kelly, T., Stefanik,
E., Fitzpatrick, B., Scott, A., Hill, F., Crenshaw, D.,
Perry, S., Jackson, R., Wagner, A., Cline, B., Steube,
G., Tenney, C., Fallon, P.
8. Amendment #8 to H.R. 5167 ANS, offered by Mr.
Himes, failed by a recorded vote of 12 ayes and 14
noes. Voting aye: Himes, J., Carson, A., Castro, J.,
Krishnamoorthi, R., Crow, J., Bera, A., Plaskett, S.,
Gottheimer, J., Gomez, J., Houlahan, C., Quigley, M.,
Cohen, S. Voting no: Crawford, E., Kelly, T., Stefanik,
E., Fitzpatrick, B., Scott, A., Hill, F., Crenshaw, D.,
Perry, S., Jackson, R., Wagner, A., Cline, B., Steube,
G., Tenney, C., Fallon, P.
9. Amendment #10 to H.R. 5167 Annex, offered by Mr.
Quigley, failed by a recorded vote of 12 ayes and 14
noes. Voting aye: Himes, J., Carson, A., Castro, J.,
Krishnamoorthi, R., Crow, J., Bera, A., Plaskett, S.,
Gottheimer, J., Gomez, J., Houlahan, C., Quigley, M.,
Cohen, S. Voting no: Crawford, E., Kelly, T., Stefanik,
E., Fitzpatrick, B., Scott, A., Hill, F., Crenshaw, D.,
Perry, S., Jackson, R., Wagner, A., Cline, B., Steube,
G., Tenney, C., Fallon, P.
10. Amendment #13 to H.R. 5167 Annex, offered by Mr.
Castro, failed by a recorded vote of 9 ayes and 17
noes. Voting aye: Himes, J., Carson, A., Castro, J.,
Krishnamoorthi, R., Crow, J., Bera, A., Gomez, J.,
Quigley, M., Cohen, S. Voting no: Crawford, E., Kelly,
T., Stefanik, E., Fitzpatrick, B., Scott, A., Hill, F.,
Crenshaw, D., Perry, S., Jackson, R., Wagner, A.,
Cline, B., Steube, G., Tenney, C., Fallon, P.,
Plaskett, S., Gottheimer, J., Houlahan, C.
11. Finally, the Committee adopted by voice vote H.R.
5167, the amendment in the nature of a substitute
offered by Chairman Crawford, and the bill as amended
was approved and ordered to be reported to the House by
unanimous consent.
Oversight Findings
With respect to clause 3(c)(1) of rule XIII of the Rules of
the House of Representatives, the Act and its accompanying
classified annex result from open and closed hearings,
briefings, and other oversight activities conducted by the
Committee pursuant to clause 2(b)(1) of rule X. Particularly,
on March 26, 2025, the Committee held an open and closed
hearing Titled ``Annual Worldwide Threats'' which is a
comprehensive review of the statutorily required annual threat
assessment from the intelligence community.
General Performance Goals and Objectives
With respect to clause 3(c)(4) of rule XIII of the Rules of
the House of Representatives, the general goals and objectives
of H.R. 5167 are to authorize the intelligence and
intelligence-related activities of the United States Government
for Fiscal Year 2026. The Act and its accompanying classified
annex reflect in detail the Committee's specific performance
goals and objectives.
Applicability to the Legislative Branch
Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this Act to the legislative
branch where the Act relates to terms and conditions of
employment or access to public services or accommodations. H.R.
5167 does not relate to terms and conditions of employment or
access to public services or accommodations.
Duplication of Federal Programs
In accordance with clause 3(c)(5) of rule XIII of the Rules
of the House of Representatives, no provision of this Act
establishes or reauthorizes a program of the federal government
known to be duplicative of another federal program, a program
that was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139, or a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance.
Disclosure of Directed Rule Makings
This Act does not direct the completion of any specific
rule makings within the meaning of section 551 of title 5,
United States Code.
Federal Advisory Committee Act Statement
The Act does not establish or authorize the establishment
of an advisory committee within the definition of section 5(b)
of the appendix to title 5, United States Code.
Earmark Identification
This bill does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the House of Representatives.
Estimate of Costs
On September 12, 2025, the Committee transmitted this bill
to the Congressional Budget Office and requested an estimate of
the costs incurred in carrying out the unclassified provisions,
including any federal mandates.
Committee Comments and Direction
TIMELY RESPONSES TO QUESTIONS FOR THE RECORD
During or after Committee hearings or briefings with
elements of the Intelligence Community, Members may seek
clarification, request additional data, expand on topics
raised, or ask additional questions that were not covered due
to time constraints. These requests from the Committee, whether
written or verbal, are referred to as Questions for the Record,
and the Committee expects elements in receipt of Questions for
the Record to appropriately prioritize timely replies.
Therefore, the Committee directs that when an element is in
receipt of Questions for the Record, the reply from the element
is expected in a reasonable timeframe and, but for reasonable
extenuating circumstances agreed to by the Committee, should
not exceed 60 days.
Section-by-Section Analysis
The following is a section-by-section summary of H.R. 5167,
the Intelligence Authorization Act for Fiscal Year 2026 (the
Act).
TITLE I--INTELLIGENCE ACTIVITIES
Section 101. Authorization of Appropriations
Section 101 specifies that the Act authorizes
appropriations for intelligence and intelligence-related
activities of the intelligence community for Fiscal Year 2026.
Section 102. Classified Schedule of Authorizations
Section 102 provides that the amounts authorized to be
appropriated for intelligence and intelligence-related
activities for Fiscal Year 2026 are contained in the classified
Schedule of Authorizations, which shall be made available to
the Committees on Appropriations of the Senate and the House of
Representatives and to the President.
Section 103. Intelligence Community Management Account
Section 103 authorizes appropriations for the Intelligence
Community Management Account of the Director of National
Intelligence for Fiscal Year 2026.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT
AND DISABILITY SYSTEM
Section 201. Authorization of Appropriations
Section 201 authorizes appropriations for the Central
Intelligence Agency Retirement and Disability Fund for Fiscal
Year 2026.
TITLE III--COUNTERINTELLIGENCE REFORM
Section 301. Short title
Section 301 may be cited as the ``Strategic Enhancement of
Counterintelligence and Unifying Reform Efforts Act'' or
``SECURE Act''.
Section 302. Establishment, functions, and authorities of the National
Counterintelligence Center
Section 302 amends the definition of counterintelligence,
adding the terms ``deter, disrupt, investigate, exploit.'' This
section also establishes the National Counterintelligence
Center with the mission to ``to direct, coordinate, and carry
out counterintelligence activities.'' This section also
establishes the position and duties of the Director of the
National Counterintelligence Center to lead all
counterintelligence efforts of the Federal government and
establishes the National Counterintelligence Task Force and a
National Counterintelligence Program. This section also directs
the Director of National Intelligence to transfer all
counterintelligence functions and personnel to the National
Counterintelligence Center.
Section 303. Transition provisions
Section 303 redesignates the National Counterintelligence
and Security Center as the ``National Counterintelligence
Center'' with a presidentially appointed and Senate-confirmed
Director. This section also directs the Office of the Director
of National Intelligence to submit an assessment within one
year of enactment of this Act to the congressional intelligence
committees on whether certain security functions should be
transferred to the Director of the National Counterintelligence
Center or to another official. This section also requires the
Director of National Intelligence to brief the congressional
intelligence committees on the status of this assessment within
180 days of enactment of this Act.
Section 304. Conforming amendments
Section 304 makes amendments to the National Security Act
of 1947, the Counterintelligence Enhancement Act of 2002, and
Intelligence Authorization Acts of 2024, 2020, 2019, 2018, and
2004 to conform and be consistent with the provisions set forth
in this Act.
TITLE IV--GENERAL INTELLIGENCE COMMUNITY MATTERS
Section 401. Restriction on conduct of intelligence activities
Section 401 provides that the authorization of
appropriations by this Act does not constitute authority for
unauthorized conduct of any intelligence activity.
Section 402. Increase in employee compensation and benefits authorized
by law
Section 402 provides that appropriations authorized by this
Act for salary, pay, retirement, and other benefits may be
increased as authorized by law.
Section 403. Intelligence acquisition enhancement
Section 403 authorizes the Director of the National
Reconnaissance Office to exercise acquisition transaction
authority up to $500,000,000. This section also requires the
Director to notify the congressional intelligence committees 14
days before such transaction is entered into and certify that
such a transaction is essential to meet critical national
security objectives.
Section 404. Senior officials for biotechnology
Section 404 requires the heads of specified elements of the
intelligence community to designate a senior official to serve
as the official responsible for activities relating to
biotechnology, and to provide notice to the congressional
intelligence committees not later than 15 days after making
such designation.
Section 405. Prohibition on Use of DeepSeek on Intelligence Community
systems
Section 405 requires the Director of National Intelligence
to develop standards and guidelines that require the removal of
the DeepSeek application (or any successor application or
service developed or provided by High Flyer or any successor
entity) from national security systems operated by an element
of the intelligence community, a contractor to an element of
the intelligence community, or another entity on behalf of an
element of the intelligence community. This section also
provides that the standards and guidelines shall include an
exception for ``national security purposes'' and ``research
activities,'' as well as risk mitigation standards and
guidelines applicable to such exceptions.
Section 406. Knowledge management system for international cartels and
other transnational criminal organizations
Section 406 directs the Director of National Intelligence,
in consultation with the Attorney General, to establish a
single interagency knowledge management system program of
record to serve as the reporting program for counter-cartel,
counter-Foreign Terrorist Organizations, and counternarcotics
missions. This section also directs the Director to serve as
the Executive Agent of this program of record. This section
also requires the Director and the Attorney General to brief
the congressional intelligence committees on a semiannual basis
through 2028 on the implementation of this program of record.
Section 407. Notice of impact of diplomatic and consular post closings
on intelligence activities
Section 407 requires the Director of National Intelligence,
within 30 days of the closure of a diplomatic or consular post,
to submit to the congressional intelligence committees a notice
describing any impact on the activities or interests of the
intelligence community, providing a plan to mitigate any
adverse impacts, and describing whether and to what extent
intelligence community leaders were consulted in the decision-
making process leading to the closure and registered any
concerns with or objections to such closure.
Section 408. Harmonizing policies on the use of classified data in
training or refining artificial intelligence models
Section 408 requires the President, not later than 180 days
after enactment of this Act, to issue or update policies that
apply to the entire intelligence community with respect to the
use of classified information for the purpose of training or
refining artificial intelligence models for use by an element
of the intelligence community. This section further provides
that such policies shall seek to maximize the amount of data
that can be used for training or refining artificial
intelligence models, consistent with the need to protect such
information from unauthorized use and in accordance with
existing laws.
Section 409. Accelerating review of artificial intelligence
capabilities for deployment
Section 409 requires the Director of National Intelligence,
in consultation with the heads of the other elements of the
intelligence community, to issue guidance within 90 days of
enactment of this Act to prioritize the completion of reviews
of authorizations to operate artificial intelligence
capabilities being evaluated for intelligence community usage.
This section also directs the heads of the intelligence
community elements to notify the congressional intelligence
committees of any review of an authorization to operate
artificial intelligence capabilities that exceeds 60 days.
Section 410. Enhancing intelligence community technology adoption
metrics
Section 410 requires the Director of National Intelligence,
the Director of the Central Intelligence Agency, the Director
of the National Security Agency, the Director of the National
Geospatial-Intelligence Agency, the Director of the National
Reconnaissance Office, and the Director of the Defense
Intelligence Agency, not later than 270 days after enactment,
to each develop and implement a process that makes use of a
single set of metrics and methodologies to assess the adoption,
integration, and operational impact of emerging technologies,
including artificial intelligence. This section also requires
each Director, not later than one year after enactment of this
Act, to submit to the congressional intelligence committees a
briefing on the implementation of this section.
Section 411. AI security playbook
Section 411 directs the Director of the National Security
Agency to develop strategies to protect certain artificial
intelligence technology from adversaries by engaging with
artificial intelligence developers, leveraging industry
expertise, and coordinating within the Federal government. This
section also directs the Director to submit an initial report
to the congressional intelligence committees within 180 days of
enactment of this Act, and a final report, including a publicly
available version, within one year of enactment of this Act.
TITLE V--MATTERS RELATING TO THE ELEMENTS OF THE INTELLIGENCE COMMUNITY
SUBTITLE A--CENTRAL INTELLIGENCE AGENCY
Section 501. Guidance on novel and significant expenditures for
purposes of notification under the Central Intelligence Agency
Act of 1949
Section 501 amends Section 8(c) of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 3510) to require the Director of
the Central Intelligence Agency, not later than 180 days after
enactment, to issue written guidance to ensure the timely
identification and reporting of novel and significant
expenditures in accordance with Section 8(c). This section
further requires the Director to brief the appropriate
congressional committees within 60 days of the Director
initially issuing or materially revising such guidance.
Section 502. Improvements to security of Central Intelligence Agency
installations
Section 502 authorizes the CIA to protect its personnel and
installations from on-the-ground threats and provides CIA with
authority to protect certain facilities from unmanned aircraft
systems. This section also requires the CIA to coordinate with
and notify the Department of Transportation and Federal
Aviation Administration to ensure no disruption to other
aircraft. The authorities in this section shall be carried out
consistent with the Foreign Intelligence Surveillance Act of
1978. This section also requires CIA to notify the
congressional intelligence committees, the House Committee on
Transportation and Infrastructure, and the Senate Committee on
Commerce, Science, and Transportation of activities to counter
unmanned aircraft systems.
SUBTITLE B--ELEMENT OF THE DEPARTMENT OF DEFENSE
Section 511. Requirement to avoid duplication in purchase of
commercially available information for the Defense Intelligence
Enterprise
Section 511 prohibits any Department of Defense
intelligence component from purchasing commercially available
information until it determines that such information is not
already available for use by such component from another
defense intelligence component. This section also details
exception criteria where= the Under Secretary of Defense for
Intelligence and Security may authorize defense intelligence
components to purchase such commercially available information
when otherwise prohibited by this section.
Section 512. Oversight and deconfliction of vendor support to
clandestine activities
Section 512 requires the Secretary of Defense to establish,
maintain, and continuously update a secure capability to
facilitate oversight, deconfliction, and risk assessments of
all commercial vendor support to the Department of Defense for
clandestine activities. This section also authorizes the
Secretary to exclude information concerning a commercial vendor
due to operational, counterintelligence, or other national
security concerns under certain circumstances and with notice
to Congress.
Section 513. Disestablishment of advisory boards for National
Geospatial-Intelligence Agency and National Reconnaissance
Office
Section 513 disestablishes the advisory boards for the
National Geospatial-Intelligence Agency and the National
Reconnaissance Office 30 days after the date of the enactment
of this Act.
Section 514. Expansion of commercial imagery and data procurement
Section 514 authorizes the Director of the National
Reconnaissance Office to use funds authorized for commercial
remote sensing to procure and deliver commercial imagery and
data to address emerging needs not necessarily contained within
existing, static requirements. The provision also authorizes
such funds to be used to make material improvements to
commercial remote sensing capabilities.
SUBTITLE C--OTHER ELEMENTS
Section 521. Notice of counterintelligence assessments and
investigations by the Federal Bureau of Investigation of
candidates for holders of Federal office
Section 521 requires the Director of the Federal Bureau of
Investigation to notify congressional leadership, the chairs
and ranking members of the congressional intelligence
committees, and the chairs and ranking members of the
Committees on the Judiciary for the U.S. House of
Representatives and the U.S. Senate within five days of
commencing an assessment or investigation of (1) a candidate
for Federal Office, (2) a holder of a Federal office, or (3) a
congressional employee. The notice must provide a summary of
the relevant facts associated with the counterintelligence
assessment or investigation and the identity of the person who
is the subject of such assessment or investigation. This
section includes an exception whereby the Director is not
required to provide notice to an individual if that individual
is a target of the counterintelligence assessment or
investigation covered by the notice.
Section 522. Requirement for Department of Energy employees to report
travel to countries of risk
Section 522 requires the Director of the Office of
Intelligence and Counterintelligence within the Department of
Energy to develop and implement requirements for all personnel
of the Department of Energy to report to the Office any
personal or official travel to a country of risk--the People's
Republic of China, Russia, Iran, and North Korea--or any other
country the Director considers appropriate prior to beginning
such travel; at the request of personnel of the Office, to
receive briefings with respect to travel to such a country
prior to beginning such travel; at the request of personnel of
the Office, to participate in debriefings after travel to such
a country; and to prohibit bringing an electronic device
provided by the Department of Energy or that can access
Department of Energy non-public systems or data to such a
country unless approved by the Director. This section also
requires the Director, not later than 90 days after enactment
of this Act, to brief the congressional intelligence committees
on the implementation of this section.
TITLE VI--OPEN-SOURCE INTELLIGENCE MATTERS
Section 601. Definitions
Section 601 defines the term ``open-source intelligence''
as intelligence derived exclusively from publicly available
information or commercially available information.
This section also defines commercially available
information as information that is of a type customarily made
available or obtainable, sold, leased, or licensed to members
of the general public or to non-governmental entities for
purposes other than governmental purposes; or intended for
exclusive government use; and knowingly and voluntarily
provided by, procured from, or made accessible by a
nongovernmental entity.
This section also defines the term ``publicly available
information'' as information that is published or broadcast for
public consumption; is available on request to the public,
including information available by subscription or purchase; is
accessible by the public; could be seen or heard by any casual
observer or member of the public; is made available at a
meeting open to the public; or is observed by visiting any
place or at tending any event that is open to the public.
Section 602. Efficient use of open-source intelligence
Section 602 requires the Director of National Intelligence
to direct the intelligence community to make efficient and
effective use of open-source intelligence. This section also
requires the Director, in consultation with the heads of the
intelligence community elements, to designate one or more
individuals within the intelligence community to be responsible
for the implementation, standardization, and harmonization of
the collection and use of open-source intelligence, addressing
aspects such as training, tradecraft, technology innovation,
data acquisition, collection management and requirements, and
collaboration.
Section 603. Oversight of acquisition of commercially available
information
Section 603 requires the Director of National Intelligence
to designate an individual within the intelligence community to
oversee the acquisition and management of commercially
available information by intelligence community elements,
ensuring deconfliction, preventing duplication, maximizing
interoperability, and coordinating efforts within the
intelligence community. This section also requires the
designated official to brief the congressional intelligence
committees no later than May 30, 2027 and annually for two
years thereafter on the progress of acquisition of commercially
available information.
Section 604. Budget matters relating to open-source intelligence
activities
Section 604 prohibits heads of intelligence community
elements from transferring or reprogramming funding for open-
source intelligence activities without the prior approval of
the Director of National Intelligence, unless such amounts are
below the threshold set by the Director. This section also
requires the Director to evaluate open-source intelligence
activities of the intelligence community.
Section 605. Budget materials for open-source information, publicly
available information, and commercially available information
Section 605 establishes a line-item in the National
Intelligence Program budget justification materials submitted
to Congress for expenditures related specifically to open-
source intelligence, in fiscal years 2027 through 2029, and any
additional fiscal years thereafter as the Director of National
Intelligence deems appropriate.
Section 606. Standardization of training on collection of publicly
available information and commercially available information
Section 606 requires a designee of the Director of National
Intelligence to establish an intelligence community-recognized
training curriculum on the collection of publicly available
information and commercially available information for
intelligence purposes. The personnel of each element of the
intelligence community whose duties include the collection of
such information are required to satisfactorily complete this
training.
Section 607. Requirement to purge incidentally collected publicly
available information or commercially available information
relating to United States persons
Section 607 requires the heads of each element of the
intelligence community to purge publicly available information
and commercially available information relating to a United
States person that is incidentally collected by such element.
This section shall not be interpreted to limit authorities set
forth in the Foreign Intelligence Surveillance Act, Foreign
Intelligence Surveillance Amendments Act of 2008, and Executive
Order 12333.
Section 608. Update to intelligence community directives relating to
open-source intelligence
Section 608 requires the Director of National Intelligence
to update Intelligence Community Directives 203, 206 and 208
within 180 days of enactment of this Act to ensure the
effective and efficient use of open-source intelligence
collection and analysis consistent with the provisions set
forth in this Act.
Section 609. Audits of expenditures for publicly available information
and commercially available information
Section 609 requires the chief financial officers of each
intelligence community element and each Department of Defense
component funded under the Military Intelligence Program to
conduct an annual audit and submit to the congressional
intelligence committees an accounting of all expenditures
within the National Security Program and Military Intelligence
Program on publicly available information, commercially
available information, and any other open-source information
for intelligence purposes. This section also requires the Chief
Financial Officer of the Intelligence Community and the Under
Secretary of Defense (Comptroller) to brief the congressional
intelligence committees annually on all such audits through
fiscal year 2029.
Section 610. Quarterly briefings on procurement of commercially
available information
Section 610 requires the heads of each element of the
intelligence community to brief the congressional intelligence
committees on a quarterly basis for fiscal years 2026 and 2027
on the obligation of National Intelligence Program and Military
Intelligence Program funds for the procurement of commercially
available information, specifically bulk data, application
programming interfaces, and software licenses.
Section 611. Study on engagement with other agencies with respect to
open-source intelligence requirements
Section 611 requires the Director of National Intelligence
to conduct a study to determine the most effective way to
support the open-source intelligence requirements of other
departments and agencies of the Federal Government which are
not part of the intelligence community. This section also
requires the head of each element of the intelligence community
to designate an individual to liaise with other departments and
agencies within the Federal government to assist those
departments and agencies with obtaining the appropriate open-
source intelligence resources. This section also requires the
Director to brief the congressional intelligence committees on
the findings of this study.
TITLE VII--INTELLIGENCE COMMUNITY WORKFORCE MATTERS
Section 701. Unclassified appraisals of employees of the Defense
Intelligence Agency
Section 701 requires the Director of the Defense
Intelligence Agency to ensure that each performance appraisal
for an Agency employee includes unclassified narrative input
and unclassified rating scores from each person providing
narrative input or rating scores for the employee's appraisal,
and that this unclassified narrative input and unclassified
rating scores are provided to the employee in unclassified
form. This section also requires the completion of a
performance appraisal of any Agency employee who terminates
employment and who has not received a performance appraisal
that was completed in accordance with the requirements of this
section during the one and a half year period ending on the
date of termination, and requires this appraisal to be
completed not later than 30 days after the termination date.
Finally, this section provides that the Agency may waive these
requirements for any employee whose affiliation with the Agency
is classified.
Section 702. Prohibition on requiring political or ideological activism
within the intelligence community
Section 702 ensures that employees, contractors, and
applicants for employment with the intelligence community are
not required to engage in political or ideological activism as
a condition to obtain a positive personnel action, such as an
appointment, promotion, reassignment, pay raise, or education
or training benefit. This section also provides an exception
for requirements where an individual may need to engage in
political or ideological activism for the purpose of
maintaining cover.
Section 703. Merit-based employment decisions
Section 703 ensures that any personnel action, such as an
appointment, promotion, reassignment, pay raise, or education
or training benefit, taken by any element of the intelligence
community is not based on, and does not take into
consideration, any unlawful discriminatory factor. This section
also requires, not later than 90 days after the date of the
enactment of this Act, the head of each element of the
intelligence community to review the policies and procedures
that apply to personnel decisions within such element to ensure
that merit-based criteria are applied to all personnel
decisions.
Section 704. Equal treatment in recruitment and training of
intelligence community personnel
Section 704 ensures equal treatment under the law by
striking the requirement that the Director of National
Intelligence prescribe policies requiring elements of the
intelligence community to engage in specific ``recruitment and
training of women, minorities, and individuals with diverse
ethnic, cultural, and linguistic backgrounds.''
Section 705. Treatment of certain agency service as active-duty service
for purposes of benefits administered by Secretary of Veterans
Affairs
Section 705 amends the Central Intelligence Agency
Retirement Act (50 U.S.C. 2151 et seq.) to treat certain
Central Intelligence Agency employment of military veterans as
qualifying active-duty military service to allow for treatment
and care of injuries or illness incurred or aggravated by
service in the Agency as that of a qualifying veteran serving
on active military duty for benefits administered by the
Secretary of Veterans Affairs.
TITLE VIII--MATTERS RELATING TO FOREIGN COUNTRIES
Section 801. Net assessments of the People's Republic of China
Section 801 requires the Director of National Intelligence
to conduct and regularly update net assessments of the
economic, technological, financial, trade, industrial, and
diplomatic power of the People's Republic of China in
comparison to the United States. This section further requires
the Director to use open-source information for the portion of
the assessment relating to the United States and all-source
information for the portion relating to the PRC. This section
also requires the Director to make these net assessments
accessible to other federal departments and agencies and to the
congressional intelligence committees. Finally, this section
requires the Director, within 180 days of enactment, to submit
the first required assessment to the congressional intelligence
committees.
Section 802. National Intelligence Management Council mission manager
for the People's Republic of China
Section 802 requires the Director of National Intelligence,
not later than 180 days after enactment, to appoint a member of
the National Intelligence Management Council as the National
Intelligence Manager for matters relating to the People's
Republic of China. This section also provides for the waiver of
this requirement if the Director submits to the congressional
intelligence committees a certification that the appointment
would not advance the national security interests of the United
States. This section sunsets this waivable requirement on
December 31, 2030.
Section 803. National Intelligence Estimate of advancements in
biotechnology by the People's Republic of China
Section 803 requires the Director of National Intelligence,
acting through the National Intelligence Council, not later
than one year after enactment, to submit to the congressional
intelligence committees a National Intelligence Estimate on
advancements by the People's Republic of China in biotechnology
and any other significant technology or science sector the
Director considers related.
Section 804. Extension of intelligence community coordinator for
Russian atrocities accountability
Section 804 amends Section 6512 of the Intelligence
Authorization Act for Fiscal Year 2023 (P.L. 117-263), which
required the Director of National Intelligence to designate a
senior official of the Office of the Director of National
Intelligence to serve as the Intelligence Community coordinator
for Russian atrocities accountability and sunset this
requirement four years after the date of enactment. This
section extends the sunset to December 31, 2028, and adds ``the
forcible transfer and deportation of Ukrainian children'' to
the list of items that the Coordinator will oversee.
Section 805. Study on collection and analysis by intelligence community
of foreign atrocities
Section 805 requires the Director of the Central
Intelligence Agency, acting through the Center for the Study of
Intelligence, not later than two years after the date of
enactment, to submit to the congressional intelligence
committees a study describing the historical approach by the
intelligence community to collect, analyze, and disseminate
relevant intelligence regarding the risk of and commission of
atrocities worldwide since 2010.
Section 806. Intelligence Support for Ukraine
Section 806 directs relevant elements of the intelligence
community to provide intelligence support to the Government of
Ukraine sufficient to support and enable to defend and regain
territory from the Russian Federation, unless the Director of
National Intelligence determines there is a compelling interest
to not provide such support. If intelligence support is
interrupted, the applicable element of the intelligence
community will notify the congressional intelligence committees
not later than 7 days after such interruption.
TITLE IX--REPORTS AND OTHER MATTERS
Section 901. Modifications to access to restricted data under the
Atomic Energy Act of 1954
Section 901 amends Section 145(b) of the Atomic Energy Act
of 1954 adding an exception to which it ``shall not apply to
the President, the Vice President, Members of Congress, or a
justice or judge of the United States,'' eliminating the
requirement for a thorough investigation for access to
restricted data for those constitutional officers listed.
This section also directs that, not later than 90 days
after the date of this Act, the Secretary of Energy, in
coordination with the Director of National Intelligence, or
officer acting as the Security Executive Agent, shall maintain
a current list of each individual who holds a position listed
above, verify that each individual is authorized to access
Restricted Data by virtue of holding such position, in a manner
that does not require more personally identifying information
than required to verify access to classified information by the
Director of National Intelligence.
This section further directs the Secretary of Energy to
notify the congressional intelligence committees within 120
days of enactment of this Act of the status of implementing
this provision.
Section 902. Revisions to congressional notification of intelligence
collection adjustments
Section 902 requires the Director of the National Security
Agency, not later than 30 days after the date on which the
Director determines that a covered intelligence collection or
sharing adjustment has occurred, to provide a summary of such
adjustment to the appropriate congressional committees. Section
902 defines a ``covered intelligence collection or sharing
adjustment'' as an action or inaction by the Agency that
results in a significant change to either: the quantity of
intelligence collected by the Agency with respect to a foreign
country, foreign organization, or senior leader of a foreign
country or foreign organization; or the policies or practices
of the Agency with respect to the sharing of intelligence with
a foreign country, organization of foreign countries, or
organization of countries of which the United States is a
member.
Section 903. Annual submission of Intelligence Community Drug Control
Program Budget proposal
Section 903 requires the Director of National Intelligence
to annually develop a consolidated Intelligence Community Drug
Control Program Budget and to submit a summary of that budget
to the congressional intelligence committees not later than 30
days after the Director submits the annual budget justification
materials to Congress. This section further requires the
summary to include: a certification by the Director that the
budget is designed to implement the responsibilities of the
intelligence community in support of the counter-drug efforts
of the United States, as reflected in the National Drug Control
Strategy and the National Interdiction Command and Control
Plan; the key counternarcotics-related accomplishments of the
intelligence community during the fiscal year in which the
summary is submitted and the previous fiscal year; the total
amounts requested for the National Intelligence Program for
counternarcotics for the fiscal year covered by the summary and
for the previous fiscal year, disaggregated by each element of
the intelligence community at the expenditure center, project,
and subproject levels.
Section 904. Repeal of annual report on financial intelligence on
terrorist assets
Section 904 repeals the annual reporting requirement on
financial intelligence on terrorist assets (50 U.S. Code
Sec. 3055).
Section 905. Repeal of outdated or unnecessary reporting requirements
Section 905 repeals certain reports required to be provided
to Congress by the Office of the Director of National
Intelligence.
Section 906. Notification of material changes to policies or procedures
governing terrorist watchlist and transnational organized crime
watchlist
Section 906 requires the Director of the Federal Bureau of
Investigation to submit to the appropriate congressional
committees notice of any material change to a policy or
procedure relating to the terrorist watchlist or the
transnational organized crime watchlist. This section further
requires that each notification be submitted to the appropriate
congressional committees within 30 days of the material change
and to include a summary of such change. Finally, this section
requires the Director, not later than 30 days after receiving a
request from an appropriate congressional committee, to submit
to such committee all guidance in effect that applies to or
governs the use of the terrorist watchlist or the transnational
organized crime watchlist.
Section 907. Annual report on United States persons on the terrorist
watchlist
Section 907 requires the Director of the Federal Bureau of
Investigation, not later than January 31 of each year for the
next three years, to submit to the appropriate congressional
committees a report on the number of known or presumed United
States persons on the terrorist watchlist administered by the
FBI's Threat Screening Center. This section also requires the
report to include the number of U.S. persons on the no fly
list, on the selectee list, or included on the watchlist as an
exception to the reasonable suspicion standard. This section
further requires the report to provide the number of
watchlisted U.S. persons affiliated with each terrorist
organization and the number of watchlisted U.S. persons
nominated by each federal agency.
Section 908. Plan on use of proposed web of biological data
Section 908 directs the Secretary of Energy, in
coordination with the heads of the elements of the intelligence
community, to develop a plan on intelligence community use of
the proposed ``Web of Biological Data'' as described in
recommendation 4.1a of the report titled ``Charting the Future
of Biotechnology,'' published by the National Security
Commission on Emerging Biotechnology in April 2025. This
section also requires the Secretary to brief the congressional
intelligence committees on such plan not later than 180 days
after the date of the enactment of this Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules
of the House of Representatives, changes in existing law made
by the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
NATIONAL SECURITY ACT OF 1947
* * * * * * *
DEFINITIONS
Sec. 3. As used in this Act:
(1) The term ``intelligence'' includes foreign
intelligence and counterintelligence.
(2) The term ``foreign intelligence'' means
information relating to the capabilities, intentions,
or activities of foreign governments or elements
thereof, foreign organizations, or foreign persons, or
international terrorist activities.
(3) The term ``counterintelligence'' means
information gathered, and activities conducted, to
deter, disrupt, investigate, exploit, or protect
against espionage, other intelligence activities,
sabotage, or assassinations conducted by or on behalf
of foreign governments or elements thereof, foreign
organizations, or foreign persons, or international
terrorist activities.
(4) The term ``intelligence community'' includes the
following:
(A) The Office of the Director of National
Intelligence.
(B) The Central Intelligence Agency.
(C) The National Security Agency.
(D) The Defense Intelligence Agency.
(E) The National Geospatial-Intelligence
Agency.
(F) The National Reconnaissance Office.
(G) Other offices within the Department of
Defense for the collection of national
intelligence through reconnaissance programs.
(H) The intelligence elements of the Army,
the Navy, the Air Force, the Marine Corps, the
Space Force, the Coast Guard, the Federal
Bureau of Investigation, the Drug Enforcement
Administration, and the Department of Energy.
(I) The Bureau of Intelligence and Research
of the Department of State.
(J) The Office of Intelligence and Analysis
of the Department of the Treasury.
(K) The Office of Intelligence and Analysis
of the Department of Homeland Security.
(L) Such other elements of any department or
agency as may be designated by the President,
or designated jointly by the Director of
National Intelligence and the head of the
department or agency concerned, as an element
of the intelligence community.
(5) The terms ``national intelligence'' and
``intelligence related to national security'' refer to
all intelligence, regardless of the source from which
derived and including information gathered within or
outside the United States, that--
(A) pertains, as determined consistent with
any guidance issued by the President, to more
than one United States Government agency; and
(B) that involves--
(i) threats to the United States, its
people, property, or interests;
(ii) the development, proliferation,
or use of weapons of mass destruction;
or
(iii) any other matter bearing on
United States national or homeland
security.
(6) The term ``National Intelligence Program'' refers
to all programs, projects, and activities of the
intelligence community, as well as any other programs
of the intelligence community designated jointly by the
Director of National Intelligence and the head of a
United States department or agency or by the President.
Such term does not include programs, projects, or
activities of the military departments to acquire
intelligence solely for the planning and conduct of
tactical military operations by United States Armed
Forces.
(7) The term ``congressional intelligence
committees'' means--
(A) the Select Committee on Intelligence of
the Senate; and
(B) the Permanent Select Committee on
Intelligence of the House of Representatives.
TITLE I--COORDINATION FOR NATIONAL SECURITY
SEC. 101. NATIONAL SECURITY COUNCIL.
(a) National Security Council.--There is a council known as
the National Security Council (in this section referred to as
the ``Council'').
(b) Functions.--Consistent with the direction of the
President, the functions of the Council shall be to--
(1) advise the President with respect to the
integration of domestic, foreign, and military policies
relating to the national security so as to enable the
Armed Forces and the other departments and agencies of
the United States Government to cooperate more
effectively in matters involving the national security;
(2) assess and appraise the objectives, commitments,
and risks of the United States in relation to the
actual and potential military power of the United
States, and make recommendations thereon to the
President;
(3) make recommendations to the President concerning
policies on matters of common interest to the
departments and agencies of the United States
Government concerned with the national security; and
(4) coordinate, without assuming operational
authority, the United States Government response to
malign foreign influence operations and campaigns.
(c) Membership.--
(1) In general.--The Council consists of the
President, the Vice President, the Secretary of State,
the Secretary of Defense, the Secretary of Energy, the
Secretary of the Treasury, the Director of the Office
of Pandemic Preparedness and Response Policy and such
other officers of the United States Government as the
President may designate.
(2) Attendance and participation in meetings.--The
President may designate such other officers of the
United States Government as the President considers
appropriate, including the Director of National
Intelligence, the Director of National Drug Control
Policy, the Chairman of the Joint Chiefs of Staff, [and
the National Cyber Director] the National Cyber
Director, and the Director of the National
Counterintelligence Center, to attend and participate
in meetings of the Council.
(d) Presiding Officers.--At meetings of the Council, the
President shall preside or, in the absence of the President, a
member of the Council designated by the President shall
preside.
(e) Staff.--
(1) In general.--The Council shall have a staff
headed by a civilian executive secretary appointed by
the President.
(2) Staff.--Consistent with the direction of the
President and subject to paragraph (3), the executive
secretary may, subject to the civil service laws and
chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, appoint and fix the compensation of
such personnel as may be necessary to perform such
duties as may be prescribed by the President in
connection with performance of the functions of the
Council.
(3) Number of professional staff.--The professional
staff for which this subsection provides shall not
exceed 200 persons, including persons employed by,
assigned to, detailed to, under contract to serve on,
or otherwise serving or affiliated with the staff. The
limitation in this paragraph does not apply to
personnel serving substantially in support or
administrative positions.
(f) Special Advisor to the President on International
Religious Freedom.--It is the sense of Congress that there
should be within the staff of the Council a Special Adviser to
the President on International Religious Freedom, whose
position should be comparable to that of a director within the
Executive Office of the President. The Special Adviser should
serve as a resource for executive branch officials, compiling
and maintaining information on the facts and circumstances of
violations of religious freedom (as defined in section 3 of the
International Religious Freedom Act of 1998 (22 U.S.C. 6402)),
and making policy recommendations. The Special Adviser should
serve as liaison with the Ambassador at Large for International
Religious Freedom, the United States Commission on
International Religious Freedom, Congress and, as advisable,
religious nongovernmental organizations.
(g) Coordinator for Combating Malign Foreign Influence
Operations and Campaigns.--
(1) In general.--The President shall designate an
employee of the National Security Council to be
responsible for the coordination of the interagency
process for combating malign foreign influence
operations and campaigns.
(2) Congressional briefing.--
(A) In general.--Not less frequently than
twice each year, the employee designated under
this subsection, or the employee's designee,
shall provide to the congressional committees
specified in subparagraph (B) a briefing on the
responsibilities and activities of the employee
designated under this subsection.
(B) Committees specified.--The congressional
committees specified in this subparagraph are
the following:
(i) The Committees on Armed Services,
Foreign Affairs, and Oversight and
Government Reform, and the Permanent
Select Committee on Intelligence of the
House of Representatives.
(ii) The Committees on Armed
Services, Foreign Relations, and
Homeland Security and Governmental
Affairs, and the Select Committee on
Intelligence of the Senate.
(h) Definition of Malign Foreign Influence Operations and
Campaigns.--In this section, the term ``malign foreign
influence operations and campaigns'' means the coordinated,
direct or indirect application of national diplomatic,
informational, military, economic, business, corruption,
educational, and other capabilities by hostile foreign powers
to affect attitudes, behaviors, decisions, or outcomes within
the United States.
* * * * * * *
responsibilities and authorities of the director of national
intelligence
Sec. 102A. (a) Provision of Intelligence.--(1) The Director
of National Intelligence shall be responsible for ensuring that
national intelligence is provided--
(A) to the President;
(B) to the heads of departments and agencies of the
executive branch;
(C) to the Chairman of the Joint Chiefs of Staff and
senior military commanders;
(D) to the Senate and House of Representatives and
the committees thereof; and
(E) to such other persons as the Director of National
Intelligence determines to be appropriate.
(2) Such national intelligence should be timely, objective,
independent of political considerations, and based upon all
sources available to the intelligence community and other
appropriate entities.
(b) Access to Intelligence.--Unless otherwise directed by the
President, the Director of National Intelligence shall have
access to all national intelligence and intelligence related to
the national security which is collected by any Federal
department, agency, or other entity, except as otherwise
provided by law or, as appropriate, under guidelines agreed
upon by the Attorney General and the Director of National
Intelligence.
(c) Budget Authorities.--(1) With respect to budget requests
and appropriations for the National Intelligence Program, the
Director of National Intelligence shall--
(A) based on intelligence priorities set by the
President, provide to the heads of departments
containing agencies or organizations within the
intelligence community, and to the heads of such
agencies and organizations, guidance for developing the
National Intelligence Program budget pertaining to such
agencies and organizations;
(B) based on budget proposals provided to the
Director of National Intelligence by the heads of
agencies and organizations within the intelligence
community and the heads of their respective departments
and, as appropriate, after obtaining the advice of the
Joint Intelligence Community Council, develop and
determine an annual consolidated National Intelligence
Program budget; and
(C) present such consolidated National Intelligence
Program budget, together with any comments from the
heads of departments containing agencies or
organizations within the intelligence community, to the
President for approval.
(2) In addition to the information provided under paragraph
(1)(B), the heads of agencies and organizations within the
intelligence community shall provide the Director of National
Intelligence such other information as the Director shall
request for the purpose of determining the annual consolidated
National Intelligence Program budget under that paragraph.
(3)(A) The Director of National Intelligence shall
participate in the development by the Secretary of Defense of
the annual budget for the Military Intelligence Program or any
successor program or programs.
(B) The Director of National Intelligence shall provide
guidance for the development of the annual budget for each
element of the intelligence community that is not within the
National Intelligence Program.
(4) The Director of National Intelligence shall ensure the
effective execution of the annual budget for intelligence and
intelligence-related activities.
(5)(A) The Director of National Intelligence shall be
responsible for managing appropriations for the National
Intelligence Program by directing the allotment or allocation
of such appropriations through the heads of the departments
containing agencies or organizations within the intelligence
community and the Director of the Central Intelligence Agency,
with prior notice (including the provision of appropriate
supporting information) to the head of the department
containing an agency or organization receiving any such
allocation or allotment or the Director of the Central
Intelligence Agency.
(B) Notwithstanding any other provision of law, pursuant to
relevant appropriations Acts for the National Intelligence
Program, the Director of the Office of Management and Budget
shall exercise the authority of the Director of the Office of
Management and Budget to apportion funds, at the exclusive
direction of the Director of National Intelligence, for
allocation to the elements of the intelligence community
through the relevant host executive departments and the Central
Intelligence Agency. Department comptrollers or appropriate
budget execution officers shall allot, allocate, reprogram, or
transfer funds appropriated for the National Intelligence
Program in an expeditious manner.
(C) The Director of National Intelligence shall monitor the
implementation and execution of the National Intelligence
Program by the heads of the elements of the intelligence
community that manage programs and activities that are part of
the National Intelligence Program, which shall include audits
and evaluations.
(D) Consistent with subparagraph (C), the Director of
National Intelligence shall ensure that the programs and
activities that are part of the National Intelligence Program,
including those of the Federal Bureau of Investigation, are
structured and executed in a manner than enables budget
traceability.
(6) Apportionment and allotment of funds under this
subsection shall be subject to chapter 13 and section 1517 of
title 31, United States Code, and the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.).
(7)(A) The Director of National Intelligence shall provide a
semi-annual report, beginning April 1, 2005, and ending April
1, 2007, to the President and the Congress regarding
implementation of this section.
(B) The Director of National Intelligence shall report to the
President and the Congress not later than 15 days after
learning of any instance in which a departmental comptroller
acts in a manner inconsistent with the law (including permanent
statutes, authorization Acts, and appropriations Acts), or the
direction of the Director of National Intelligence, in carrying
out the National Intelligence Program.
(d) Role of Director of National Intelligence in Transfer and
Reprogramming of Funds.--(1)(A) No funds made available under
the National Intelligence Program may be transferred or
reprogrammed without the prior approval of the Director of
National Intelligence, except in accordance with procedures
prescribed by the Director of National Intelligence.
(B) The Secretary of Defense shall consult with the Director
of National Intelligence before transferring or reprogramming
funds made available under the Military Intelligence Program or
any successor program or programs.
(2) Subject to the succeeding provisions of this subsection,
the Director of National Intelligence may transfer or reprogram
funds appropriated for a program within the National
Intelligence Program--
(A) to another such program;
(B) to other departments or agencies of the United
States Government for the development and fielding of
systems of common concern related to the collection,
processing, analysis, exploitation, and dissemination
of intelligence information; or
(C) to a program funded by appropriations not within
the National Intelligence Program to address critical
gaps in intelligence information sharing or access
capabilities.
(3) The Director of National Intelligence may only transfer
or reprogram funds referred to in paragraph (1)(A)--
(A) with the approval of the Director of the Office
of Management and Budget; and
(B) after consultation with the heads of departments
containing agencies or organizations within the
intelligence community to the extent such agencies or
organizations are affected, and, in the case of the
Central Intelligence Agency, after consultation with
the Director of the Central Intelligence Agency.
(4) The amounts available for transfer or reprogramming in
the National Intelligence Program in any given fiscal year, and
the terms and conditions governing such transfers and
reprogrammings, are subject to the provisions of annual
appropriations Acts and this subsection.
(5)(A) A transfer or reprogramming of funds may be made under
this subsection only if--
(i) the funds are being transferred to an activity
that is a higher priority intelligence activity;
(ii) the transfer or reprogramming supports an
emergent need, improves program effectiveness, or
increases efficiency;
(iii) the transfer or reprogramming does not involve
a transfer or reprogramming of funds to a Reserve for
Contingencies of the Director of National Intelligence
or the Reserve for Contingencies of the Central
Intelligence Agency;
(iv) the transfer or reprogramming results in a
cumulative transfer or reprogramming of funds out of
any department or agency, as appropriate, funded in the
National Intelligence Program in a single fiscal year--
(I) that is less than $150,000,000, and
(II) that is less than 5 percent of amounts
available to a department or agency under the
National Intelligence Program; and
(v) the transfer or reprogramming does not terminate
an acquisition program.
(B) A transfer or reprogramming may be made without regard to
a limitation set forth in clause (iv) or (v) of subparagraph
(A) if the transfer has the concurrence of the head of the
department involved or the Director of the Central Intelligence
Agency (in the case of the Central Intelligence Agency). The
authority to provide such concurrence may only be delegated by
the head of the department involved or the Director of the
Central Intelligence Agency (in the case of the Central
Intelligence Agency) to the deputy of such officer.
(6) Funds transferred or reprogrammed under this subsection
shall remain available for the same period as the
appropriations account to which transferred or reprogrammed.
(7) Any transfer or reprogramming of funds under this
subsection shall be carried out in accordance with existing
procedures applicable to reprogramming notifications for the
appropriate congressional committees. Any proposed transfer or
reprogramming for which notice is given to the appropriate
congressional committees shall be accompanied by a report
explaining the nature of the proposed transfer or reprogramming
and how it satisfies the requirements of this subsection. In
addition, the congressional intelligence committees shall be
promptly notified of any transfer or reprogramming of funds
made pursuant to this subsection in any case in which the
transfer or reprogramming would not have otherwise required
reprogramming notification under procedures in effect as of the
date of the enactment of this subsection.
(8) In addition to other applicable requirements under this
subsection, the head of an element of the intelligence
community may not transfer, reprogram, or otherwise reduce
amounts made available for open-source intelligence activities
without the prior approval of the Director of National
Intelligence, unless such amounts are less than any threshold
established by the Director under paragraph (1)(A) with respect
to requiring prior approval by the Director for transfers and
reprogrammings.
(e) Transfer of Personnel.--(1)(A) In addition to any other
authorities available under law for such purposes, in the first
twelve months after establishment of a new national
intelligence center, the Director of National Intelligence,
with the approval of the Director of the Office of Management
and Budget and in consultation with the congressional
committees of jurisdiction referred to in subparagraph (B), may
transfer not more than 100 personnel authorized for elements of
the intelligence community to such center.
(B) The Director of National Intelligence shall promptly
provide notice of any transfer of personnel made pursuant to
this paragraph to--
(i) the congressional intelligence committees;
(ii) the Committees on Appropriations of the Senate
and the House of Representatives;
(iii) in the case of the transfer of personnel to or
from the Department of Defense, the Committees on Armed
Services of the Senate and the House of
Representatives; and
(iv) in the case of the transfer of personnel to or
from the Department of Justice, to the Committees on
the Judiciary of the Senate and the House of
Representatives.
(C) The Director shall include in any notice under
subparagraph (B) an explanation of the nature of the transfer
and how it satisfies the requirements of this subsection.
(2)(A) The Director of National Intelligence, with the
approval of the Director of the Office of Management and Budget
and in accordance with procedures to be developed by the
Director of National Intelligence and the heads of the
departments and agencies concerned, may transfer personnel
authorized for an element of the intelligence community to
another such element for a period of not more than 2 years.
(B) A transfer of personnel may be made under this paragraph
only if--
(i) the personnel are being transferred to an
activity that is a higher priority intelligence
activity; and
(ii) the transfer supports an emergent need, improves
program effectiveness, or increases efficiency.
(C) The Director of National Intelligence shall promptly
provide notice of any transfer of personnel made pursuant to
this paragraph to--
(i) the congressional intelligence committees;
(ii) in the case of the transfer of personnel to or
from the Department of Defense, the Committees on Armed
Services of the Senate and the House of
Representatives; and
(iii) in the case of the transfer of personnel to or
from the Department of Justice, to the Committees on
the Judiciary of the Senate and the House of
Representatives.
(D) The Director shall include in any notice under
subparagraph (C) an explanation of the nature of the transfer
and how it satisfies the requirements of this paragraph.
(3)(A) In addition to the number of full-time equivalent
positions authorized for the Office of the Director of National
Intelligence for a fiscal year, there is authorized for such
Office for each fiscal year an additional 100 full-time
equivalent positions that may be used only for the purposes
described in subparagraph (B).
(B) Except as provided in subparagraph (C), the Director of
National Intelligence may use a full-time equivalent position
authorized under subparagraph (A) only for the purpose of
providing a temporary transfer of personnel made in accordance
with paragraph (2) to an element of the intelligence community
to enable such element to increase the total number of
personnel authorized for such element, on a temporary basis--
(i) during a period in which a permanent employee of
such element is absent to participate in critical
language training; or
(ii) to accept a permanent employee of another
element of the intelligence community to provide
language-capable services.
(C) Paragraph (2)(B) shall not apply with respect to a
transfer of personnel made under subparagraph (B).
(D) For each of the fiscal years 2010, 2011, and 2012, the
Director of National Intelligence shall submit to the
congressional intelligence committees an annual report on the
use of authorities under this paragraph. Each such report shall
include a description of--
(i) the number of transfers of personnel made by the
Director pursuant to subparagraph (B), disaggregated by
each element of the intelligence community;
(ii) the critical language needs that were fulfilled
or partially fulfilled through the use of such
transfers; and
(iii) the cost to carry out subparagraph (B).
(4) It is the sense of Congress that--
(A) the nature of the national security threats
facing the United States will continue to challenge the
intelligence community to respond rapidly and flexibly
to bring analytic resources to bear against emerging
and unforeseen requirements;
(B) both the Office of the Director of National
Intelligence and any analytic centers determined to be
necessary should be fully and properly supported with
appropriate levels of personnel resources and that the
President's yearly budget requests adequately support
those needs; and
(C) the President should utilize all legal and
administrative discretion to ensure that the Director
of National Intelligence and all other elements of the
intelligence community have the necessary resources and
procedures to respond promptly and effectively to
emerging and unforeseen national security challenges.
(f) Tasking and Other Authorities.--(1)(A) The Director of
National Intelligence shall--
(i) establish objectives, priorities, and guidance
for the intelligence community to ensure timely and
effective collection, processing, analysis, and
dissemination (including access by users to collected
data consistent with applicable law and, as
appropriate, the guidelines referred to in subsection
(b) and analytic products generated by or within the
intelligence community) of national intelligence;
(ii) determine requirements and priorities for, and
manage and direct the tasking of, collection, analysis,
production, and dissemination of national intelligence
by elements of the intelligence community, including--
(I) approving requirements (including those
requirements responding to needs provided by
consumers) for collection and analysis; and
(II) resolving conflicts in collection
requirements and in the tasking of national
collection assets of the elements of the
intelligence community; and
(iii) provide advisory tasking to intelligence
elements of those agencies and departments not within
the National Intelligence Program.
(B) The authority of the Director of National Intelligence
under subparagraph (A) shall not apply--
(i) insofar as the President so directs;
(ii) with respect to clause (ii) of subparagraph (A),
insofar as the Secretary of Defense exercises tasking
authority under plans or arrangements agreed upon by
the Secretary of Defense and the Director of National
Intelligence; or
(iii) to the direct dissemination of information to
State government and local government officials and
private sector entities pursuant to sections 201 and
892 of the Homeland Security Act of 2002 (6 U.S.C. 121,
482).
(2) The Director of National Intelligence shall oversee the
National Counterterrorism Center, the National
Counterproliferation Center, and the [National
Counterintelligence and Security Center] National
Counterintelligence Center and may establish such other
national intelligence centers as the Director determines
necessary.
(3)(A) The Director of National Intelligence shall prescribe,
in consultation with the heads of other agencies or elements of
the intelligence community, and the heads of their respective
departments, binding personnel policies and programs applicable
to the intelligence community that--
(i) require and facilitate assignments and details of
personnel to national intelligence centers, and between
elements of the intelligence community over the course
of the careers of such personnel;
(ii) set standards for education, training, and
career development of personnel of the intelligence
community;
(iii) encourage and facilitate the recruitment and
retention by the intelligence community of highly
qualified individuals for the effective conduct of
intelligence activities;
(iv) ensure that the personnel of the intelligence
community are sufficiently diverse for purposes of the
collection and analysis of intelligence [through the
recruitment and training of women, minorities, and
individuals with diverse ethnic, cultural, and
linguistic backgrounds;];
(v) require service in more than one element of the
intelligence community as a condition of promotion to
such positions within the intelligence community as the
Director shall specify, and take requisite steps to
ensure compliance among elements of the intelligence
community; and
(vi) ensure the effective management of intelligence
community personnel who are responsible for
intelligence community-wide matters.
(B) Policies prescribed under subparagraph (A) shall not be
inconsistent with the personnel policies otherwise applicable
to members of the uniformed services.
(4) The Director of National Intelligence shall ensure
compliance with the Constitution and laws of the United States
by the Central Intelligence Agency and shall ensure such
compliance by other elements of the intelligence community
through the host executive departments that manage the programs
and activities that are part of the National Intelligence
Program.
(5) The Director of National Intelligence shall ensure the
elimination of waste and unnecessary duplication within the
intelligence community.
(6) The Director of National Intelligence shall establish
requirements and priorities for foreign intelligence
information to be collected under the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and provide
assistance to the Attorney General to ensure that information
derived from electronic surveillance or physical searches under
that Act is disseminated so it may be used efficiently and
effectively for national intelligence purposes, except that the
Director shall have no authority to direct or undertake
electronic surveillance or physical search operations pursuant
to that Act unless authorized by statute or Executive order.
(7)(A) The Director of National Intelligence shall, if the
Director determines it is necessary, or may, if requested by a
congressional intelligence committee, conduct an accountability
review of an element of the intelligence community or the
personnel of such element in relation to a failure or
deficiency within the intelligence community.
(B) The Director of National Intelligence, in consultation
with the Attorney General, shall establish guidelines and
procedures for conducting an accountability review under
subparagraph (A).
(C)(i) The Director of National Intelligence shall provide
the findings of an accountability review conducted under
subparagraph (A) and the Director's recommendations for
corrective or punitive action, if any, to the head of the
applicable element of the intelligence community. Such
recommendations may include a recommendation for dismissal of
personnel.
(ii) If the head of such element does not implement a
recommendation made by the Director under clause (i), the head
of such element shall submit to the congressional intelligence
committees a notice of the determination not to implement the
recommendation, including the reasons for the determination.
(D) The requirements of this paragraph shall not be construed
to limit any authority of the Director of National Intelligence
under subsection (m) or with respect to supervision of the
Central Intelligence Agency.
(8) The Director of National Intelligence shall--
(A) conduct assessments and audits of the compliance
of each element of the intelligence community with
minimum insider threat policy;
(B) receive information from each element of the
intelligence community regarding the collection,
sharing, and use by such element of audit and
monitoring data for insider threat detection across all
classified and unclassified information technology
systems within such element;
(C) provide guidance and oversight to Federal
departments and agencies to fully implement automated
records checks, consistent with personnel vetting
reforms and the Trusted Workforce 2.0 initiative, or
successor initiative, and ensure that information
collected pursuant to such records checks is
appropriately shared in support of intelligence
community-wide insider threat initiatives;
(D) carry out evaluations of the effectiveness of
counterintelligence, security, and insider threat
program activities of each element of the intelligence
community, including with respect to the lowest
organizational unit of each such element, that include
an identification of any gaps, shortfalls, or resource
needs of each such element;
(E) identify gaps, shortfalls, resources needs, and
recommendations for adjustments in allocations and
additional resources and other remedies to strengthen
counterintelligence, security, and insider threat
detection programs;
(F) pursuant to final damage assessments facilitated
by the [National Counterintelligence and Security
Center] National Counterintelligence Center that have
been undertaken as a result of an unauthorized
disclosure, determine whether the heads of the elements
of the intelligence community implement recommended
mitigation, and notify the congressional intelligence
committees of such determinations and notify the
Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of
Representatives in cases involving elements of the
intelligence community within the Department of
Defense; and
(G) study the data collected during the course of
background investigations and adjudications for
security clearances granted to individuals who
subsequently commit unauthorized disclosures, and issue
findings regarding the quality of such data as a
predictor for insider threat activity, delineated by
the severity of the unauthorized disclosure.
(9) The Director of National Intelligence shall ensure there
is established a policy for minimum insider threat standards
for the intelligence community and ensure compliance by the
elements of the intelligence community with that policy.
(10) The Director of National Intelligence shall--
(A) conduct regular oversight of the open-source
intelligence activities of the elements of the
intelligence community and evaluate the effectiveness
of such activities; and
(B) ensure that the budget information provided under
subsection (c)(2) includes information with respect to
such activities.
[(10)] (11) The Director of National Intelligence shall
perform such other intelligence-related functions as the
President may direct, and upon receiving any such direction,
the Director shall notify the congressional intelligence
committees immediately in writing with a description of such
other intelligence-related functions directed by the President.
[(11)] (12) Nothing in this title shall be construed as
affecting the role of the Department of Justice or the Attorney
General under the Foreign Intelligence Surveillance Act of
1978.
(g) Intelligence Information Sharing.--(1) The Director of
National Intelligence shall have principal authority to ensure
maximum availability of and access to intelligence information
within the intelligence community consistent with national
security requirements. The Director of National Intelligence
shall--
(A) establish uniform security standards and
procedures;
(B) establish common information technology
standards, protocols, and interfaces;
(C) ensure development of information technology
systems that include multi-level security and
intelligence integration capabilities;
(D) establish policies and procedures to resolve
conflicts between the need to share intelligence
information and the need to protect intelligence
sources and methods;
(E) develop an enterprise architecture for the
intelligence community and ensure that elements of the
intelligence community comply with such architecture;
(F) have procurement approval authority over all
enterprise architecture-related information technology
items funded in the National Intelligence Program; and
(G) in accordance with Executive Order No. 13526 (75
Fed. Reg. 707; relating to classified national security
information) (or any subsequent corresponding executive
order), and part 2001 of title 32, Code of Federal
Regulations (or any subsequent corresponding
regulation), establish--
(i) guidance to standardize, in appropriate
cases, the formats for classified and
unclassified intelligence products created by
elements of the intelligence community for
purposes of promoting the sharing of
intelligence products; and
(ii) policies and procedures requiring the
increased use, in appropriate cases, and
including portion markings, of the
classification of portions of information
within one intelligence product.
(2) The President shall ensure that the Director of National
Intelligence has all necessary support and authorities to fully
and effectively implement paragraph (1).
(3) Except as otherwise directed by the President or with the
specific written agreement of the head of the department or
agency in question, a Federal agency or official shall not be
considered to have met any obligation to provide any
information, report, assessment, or other material (including
unevaluated intelligence information) to that department or
agency solely by virtue of having provided that information,
report, assessment, or other material to the Director of
National Intelligence or the National Counterterrorism Center.
(4) The Director of National Intelligence shall, in a timely
manner, report to Congress any statute, regulation, policy, or
practice that the Director believes impedes the ability of the
Director to fully and effectively ensure maximum availability
of access to intelligence information within the intelligence
community consistent with the protection of the national
security of the United States.
(h) Analysis.--To ensure the most accurate analysis of
intelligence is derived from all sources to support national
security needs, the Director of National Intelligence shall--
(1) implement policies and procedures--
(A) to require sound analytic methods and
tradecraft, independent of political
considerations, throughout the elements of the
intelligence community;
(B) to ensure that analysis is based upon all
sources available; and
(C) to ensure that the elements of the
intelligence community regularly conduct
competitive analysis of analytic products,
whether such products are produced by or
disseminated to such elements;
(2) ensure that resource allocation for intelligence
analysis is appropriately proportional to resource
allocation for intelligence collection systems and
operations in order to maximize analysis of all
collected data;
(3) ensure that substantial differences in analytic
judgment are fully considered, brought to the attention
of policymakers, and documented in analytic products;
and
(4) ensure that sufficient relationships are
established between intelligence collectors and
analysts to facilitate greater understanding of the
needs of analysts.
(i) Protection of Intelligence Sources and Methods.--(1) The
Director of National Intelligence shall protect, and shall
establish and enforce policies to protect, intelligence sources
and methods from unauthorized disclosure.
(2) Consistent with paragraph (1), in order to maximize the
dissemination of intelligence, the Director of National
Intelligence shall establish and implement requirements for the
intelligence community for the following purposes:
(A) Classification of information under applicable
law, Executive orders, or other Presidential
directives.
(B) Access to and dissemination of intelligence, both
in final form and in the form when initially gathered.
(C) Preparation of intelligence products in such a
way that source information is removed to allow for
dissemination at the lowest level of classification
possible or in unclassified form to the extent
practicable.
(3) The Director may only delegate a duty or authority given
the Director under this subsection to the Principal Deputy
Director of National Intelligence.
(4)(A) Each head of an element of the intelligence community
shall ensure that any congressionally mandated report submitted
to Congress by the head, other than such a report submitted
solely to the congressional intelligence committees, shall be
consistent with the protection of intelligence sources and
methods in accordance with the policies established by the
Director under paragraph (1), regardless of whether the
provision of law mandating the report explicitly requires such
protection.
(B) Nothing in this paragraph shall be construed to alter any
congressional leadership's or congressional committee's
jurisdiction or access to information from any element of the
intelligence community under the rules of either chamber of
Congress.
(j) Uniform Procedures for Classified Information.--The
Director of National Intelligence, subject to the direction of
the President, shall--
(1) establish uniform standards and procedures for
the grant of access to sensitive compartmented
information to any officer or employee of any agency or
department of the United States and to employees of
contractors of those agencies or departments;
(2) ensure the consistent implementation of those
standards and procedures throughout such agencies and
departments;
(3) ensure that security clearances granted by
individual elements of the intelligence community are
recognized by all elements of the intelligence
community, and under contracts entered into by those
agencies;
(4) ensure that the process for investigation and
adjudication of an application for access to sensitive
compartmented information is performed in the most
expeditious manner possible consistent with applicable
standards for national security;
(5) ensure that the background of each employee or
officer of an element of the intelligence community,
each contractor to an element of the intelligence
community, and each individual employee of such a
contractor who has been determined to be eligible for
access to classified information is monitored on a
continual basis under standards developed by the
Director, including with respect to the frequency of
evaluation, during the period of eligibility of such
employee or officer of an element of the intelligence
community, such contractor, or such individual employee
to such a contractor to determine whether such employee
or officer of an element of the intelligence community,
such contractor, and such individual employee of such a
contractor continues to meet the requirements for
eligibility for access to classified information; and
(6) develop procedures to require information sharing
between elements of the intelligence community
concerning potentially derogatory security information
regarding an employee or officer of an element of the
intelligence community, a contractor to an element of
the intelligence community, or an individual employee
of such a contractor that may impact the eligibility of
such employee or officer of an element of the
intelligence community, such contractor, or such
individual employee of such a contractor for a security
clearance.
(k) Coordination With Foreign Governments.--Under the
direction of the President and in a manner consistent with
section 207 of the Foreign Service Act of 1980 (22 U.S.C.
3927), the Director of National Intelligence shall oversee the
coordination of the relationships between elements of the
intelligence community and the intelligence or security
services of foreign governments or international organizations
on all matters involving intelligence related to the national
security or involving intelligence acquired through clandestine
means.
(l) Enhanced Personnel Management.--(1)(A) The Director of
National Intelligence shall, under regulations prescribed by
the Director, provide incentives for personnel of elements of
the intelligence community to serve--
(i) on the staff of the Director of National
Intelligence;
(ii) on the staff of the national intelligence
centers;
(iii) on the staff of the National Counterterrorism
Center; and
(iv) in other positions in support of the
intelligence community management functions of the
Director.
(B) Incentives under subparagraph (A) may include financial
incentives, bonuses, and such other awards and incentives as
the Director considers appropriate.
(2)(A) Notwithstanding any other provision of law, the
personnel of an element of the intelligence community who are
assigned or detailed under paragraph (1)(A) to service under
the Director of National Intelligence shall be promoted at
rates equivalent to or better than personnel of such element
who are not so assigned or detailed.
(B) The Director may prescribe regulations to carry out this
paragraph.
(3)(A) The Director of National Intelligence shall prescribe
mechanisms to facilitate the rotation of personnel of the
intelligence community through various elements of the
intelligence community in the course of their careers in order
to facilitate the widest possible understanding by such
personnel of the variety of intelligence requirements, methods,
users, and capabilities.
(B) The mechanisms prescribed under subparagraph (A) may
include the following:
(i) The establishment of special occupational
categories involving service, over the course of a
career, in more than one element of the intelligence
community.
(ii) The provision of rewards for service in
positions undertaking analysis and planning of
operations involving two or more elements of the
intelligence community.
(iii) The establishment of requirements for
education, training, service, and evaluation for
service involving more than one element of the
intelligence community.
(C) It is the sense of Congress that the mechanisms
prescribed under this subsection should, to the extent
practical, seek to duplicate for civilian personnel within the
intelligence community the joint officer management policies
established by chapter 38 of title 10, United States Code, and
the other amendments made by title IV of the Goldwater-Nichols
Department of Defense Reorganization Act of 1986 (Public Law
99-433).
(D) The mechanisms prescribed under subparagraph (A) and any
other policies of the Director--
(i) may not require an employee of an office of
inspector general for an element of the intelligence
community, including the Office of the Inspector
General of the Intelligence Community, to rotate to a
position in an office or organization of such an
element over which such office of inspector general
exercises jurisdiction; and
(ii) shall be implemented in a manner that exempts
employees of an office of inspector general from a
rotation that may impact the independence of such
office.
(4)(A) Except as provided in subparagraph (B) and
subparagraph (D), this subsection shall not apply with respect
to personnel of the elements of the intelligence community who
are members of the uniformed services.
(B) Mechanisms that establish requirements for education and
training pursuant to paragraph (3)(B)(iii) may apply with
respect to members of the uniformed services who are assigned
to an element of the intelligence community funded through the
National Intelligence Program, but such mechanisms shall not be
inconsistent with personnel policies and education and training
requirements otherwise applicable to members of the uniformed
services.
(C) The personnel policies and programs developed and
implemented under this subsection with respect to law
enforcement officers (as that term is defined in section
5541(3) of title 5, United States Code) shall not affect the
ability of law enforcement entities to conduct operations or,
through the applicable chain of command, to control the
activities of such law enforcement officers.
(D) Assignment to the Office of the Director of National
Intelligence of commissioned officers of the Armed Forces shall
be considered a joint-duty assignment for purposes of the joint
officer management policies prescribed by chapter 38 of title
10, United States Code, and other provisions of that title.
(m) Additional Authority With Respect to Personnel.--(1) In
addition to the authorities under subsection (f)(3), the
Director of National Intelligence may exercise with respect to
the personnel of the Office of the Director of National
Intelligence any authority of the Director of the Central
Intelligence Agency with respect to the personnel of the
Central Intelligence Agency under the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403a et seq.), and other
applicable provisions of law, as of the date of the enactment
of this subsection to the same extent, and subject to the same
conditions and limitations, that the Director of the Central
Intelligence Agency may exercise such authority with respect to
personnel of the Central Intelligence Agency, including with
respect to the notification requirement under section 8(c) of
such Act (50 U.S.C. 3510(c)).
(2) Employees and applicants for employment of the Office of
the Director of National Intelligence shall have the same
rights and protections under the Office of the Director of
National Intelligence as employees of the Central Intelligence
Agency have under the Central Intelligence Agency Act of 1949,
and other applicable provisions of law, as of the date of the
enactment of this subsection.
(n) Acquisition and Other Authorities.--(1) In carrying out
the responsibilities and authorities under this section, the
Director of National Intelligence may exercise the acquisition
and appropriations authorities referred to in the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) other
than the authorities referred to in section 8(b) of that Act
(50 U.S.C. 403j(b)).
(2) For the purpose of the exercise of any authority referred
to in paragraph (1), a reference to the head of an agency shall
be deemed to be a reference to the Director of National
Intelligence or the Principal Deputy Director of National
Intelligence.
(3)(A) Any determination or decision to be made under an
authority referred to in paragraph (1) by the head of an agency
may be made with respect to individual purchases and contracts
or with respect to classes of purchases or contracts, and shall
be final.
(B) Except as provided in subparagraph (C), the Director of
National Intelligence or the Principal Deputy Director of
National Intelligence may, in such official's discretion,
delegate to any officer or other official of the Office of the
Director of National Intelligence any authority to make a
determination or decision as the head of the agency under an
authority referred to in paragraph (1).
(C) The limitations and conditions set forth in section 3(d)
of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403c(d)) shall apply to the exercise by the Director of
National Intelligence of an authority referred to in paragraph
(1).
(D) Each determination or decision required by an authority
referred to in the second sentence of section 3(d) of the
Central Intelligence Agency Act of 1949 shall be based upon
written findings made by the official making such determination
or decision, which findings shall be final and shall be
available within the Office of the Director of National
Intelligence for a period of at least six years following the
date of such determination or decision.
(4)(A) In addition to the authority referred to in paragraph
(1), the Director of National Intelligence may authorize the
head of an element of the intelligence community to exercise an
acquisition authority referred to in section 3 or 8(a) of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403c and
403j(a)) for an acquisition by such element that is more than
50 percent funded under the National Intelligence Program.
(B) The head of an element of the intelligence community may
not exercise an authority referred to in subparagraph (A)
until--
(i) the head of such element (without delegation)
submits to the Director of National Intelligence a
written request that includes--
(I) a description of such authority requested
to be exercised;
(II) an explanation of the need for such
authority, including an explanation of the
reasons that other authorities are
insufficient; and
(III) a certification that the mission of
such element would be--
(aa) impaired if such authority is
not exercised; or
(bb) significantly and measurably
enhanced if such authority is
exercised; and
(ii) the Director of National Intelligence issues a
written authorization that includes--
(I) a description of the authority referred
to in subparagraph (A) that is authorized to be
exercised; and
(II) a justification to support the exercise
of such authority.
(C) A request and authorization to exercise an authority
referred to in subparagraph (A) may be made with respect to an
individual acquisition or with respect to a specific class of
acquisitions described in the request and authorization
referred to in subparagraph (B).
(D)(i) A request from a head of an element of the
intelligence community located within one of the departments
described in clause (ii) to exercise an authority referred to
in subparagraph (A) shall be submitted to the Director of
National Intelligence in accordance with any procedures
established by the head of such department.
(ii) The departments described in this clause are the
Department of Defense, the Department of Energy, the Department
of Homeland Security, the Department of Justice, the Department
of State, and the Department of the Treasury.
(E)(i) The head of an element of the intelligence community
may not be authorized to utilize an authority referred to in
subparagraph (A) for a class of acquisitions for a period of
more than 3 years, except that the Director of National
Intelligence (without delegation) may authorize the use of such
an authority for not more than 6 years.
(ii) Each authorization to utilize an authority referred to
in subparagraph (A) may be extended in accordance with the
requirements of subparagraph (B) for successive periods of not
more than 3 years, except that the Director of National
Intelligence (without delegation) may authorize an extension
period of not more than 6 years.
(F) Subject to clauses (i) and (ii) of subparagraph (E), the
Director of National Intelligence may only delegate the
authority of the Director under subparagraphs (A) through (E)
to the Principal Deputy Director of National Intelligence or a
Deputy Director of National Intelligence.
(G) The Director of National Intelligence shall submit--
(i) to the congressional intelligence committees a
notification of an authorization to exercise an
authority referred to in subparagraph (A) or an
extension of such authorization that includes the
written authorization referred to in subparagraph
(B)(ii); and
(ii) to the Director of the Office of Management and
Budget a notification of an authorization to exercise
an authority referred to in subparagraph (A) for an
acquisition or class of acquisitions that will exceed
$50,000,000 annually.
(H) Requests and authorizations to exercise an authority
referred to in subparagraph (A) shall remain available within
the Office of the Director of National Intelligence for a
period of at least 6 years following the date of such request
or authorization.
(I) Nothing in this paragraph may be construed to alter or
otherwise limit the authority of the Central Intelligence
Agency to independently exercise an authority under section 3
or 8(a) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403c and 403j(a)).
(5) Any authority provided to the Director of National
Intelligence or the head of an element of the intelligence
community pursuant to this subsection to make an expenditure
referred to in subsection (a) of section 8 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3510) is subject to
the notification requirement under subsection (c) [of such
section] of such section, including the guidance issued under
paragraph (2) of such subsection (c). If the Director of
National Intelligence is required to make a notification for a
specific expenditure pursuant to both this paragraph and
paragraph (4)(G), the Director may make a single notification.
(6) Other transaction authority.--
(A) In general.--In addition to other acquisition
authorities, the Director of National Intelligence may
exercise the acquisition authorities referred to in
sections 4021 and 4022 of title 10, United States Code,
subject to the provisions of this paragraph.
(B) Delegation.--(i) The Director shall delegate the
authorities provided by subparagraph (A) to the heads
of elements of the intelligence community.
(ii) The heads of elements of the intelligence
community shall, to the maximum extent practicable,
delegate the authority delegated under clause (i) to
the official of the respective element of the
intelligence community responsible for decisions with
respect to basic, applied, or advanced research
activities or the adoption of such activities within
such element.
(C) Intelligence community authority.--(i) For
purposes of this paragraph, the limitation in section
4022(a)(1) of title 10, United States Code, shall not
apply to elements of the intelligence community.
(ii) [Subject to section 4022(a)(2) of such title,
the Director] Subject to section 4022(a)(2) of such
title and except as provided in clause (viii) of this
subparagraph, the Director, or the head of an element
of the intelligence community to whom the Director has
delegated authority under subparagraph (B), may enter
into transactions and agreements (other than contracts,
cooperative agreements, and grants) of amounts not to
exceed $75,000,000 under this paragraph to carry out
basic, applied, and advanced research projects and
prototype projects in support of intelligence
activities.
(iii) For purposes of this paragraph, the limitations
specified in section 4022(a)(2) of such title shall
apply to the intelligence community in lieu of the
Department of Defense, and the Director shall--
(I) identify appropriate officials who can
make the determinations required in
subparagraph (B)(i) of such section for the
intelligence community; and
(II) brief the congressional intelligence
committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and
the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives
in lieu of the congressional defense
committees, as specified in subparagraph
(B)(ii) of such section.
(iv) For purposes of this paragraph, the limitation
in section 4022(a)(3) of such title shall not apply to
elements of the intelligence community.
(v) In carrying out this paragraph, section
4022(d)(1) of such title shall be applied by
substituting ``Director of National Intelligence'' for
``Secretary of Defense''.
(vi) For purposes of this paragraph, the limitations
in section 4022(d)(2) of such title shall not apply to
elements of the intelligence community.
(vii) In addition to the follow-on production
contract criteria in section 4022(f)(2) of such title,
the following additional criteria shall apply:
(I) The authorizing official of the relevant
element of the intelligence community
determines that Government users of the
proposed production product or production
service have been consulted.
(II) In the case of a proposed production
product that is software, there are mechanisms
in place for Government users to provide
ongoing feedback to participants to the follow-
on production contract.
(III) In the case of a proposed production
product that is software, there are mechanisms
in place to promote the interoperability and
accessibility with and between Government and
commercial software providers, including by the
promotion of open application programming
interfaces and requirement of appropriate
software documentation.
(IV) The award follows a documented market
analysis as mandated by the Federal Acquisition
Regulations surveying available and comparable
products.
(V) In the case of a proposed production
product that is software, the follow-on
production contract includes a requirement
that, for the duration of such contract (or
such other period of time as may be agreed to
as a term of such contract)--
(aa) the participants provide the
most up-to-date version of the product
that is available in the commercial
marketplace and is consistent with
security requirements;
(bb) there are mechanisms in place
for the participants to provide timely
updates to the production product; and
(cc) the authority specified in
section 4022(f)(5) of such title shall
be exercised by the Director in lieu of
the Secretary of Defense.
(viii) The Director of the National Reconnaissance
Office, if delegated the authority under subparagraph
(B), may exercise the authority under clause (ii) by
substituting ``$500,000,000'' for ``$75,000,000'' if
the Director of the National Reconnaissance Office
submits to the congressional intelligence committees
notice of an agreement or transaction of an amount that
exceeds $75,000,000 not later than 14 days before the
agreement or transaction is entered into and certifies
that the agreement or transaction is essential to meet
critical national security objectives.
(D) Implementation policy.--The Director, in
consultation with the heads of the elements of the
intelligence community, shall--
(i) not later than 180 days after the date of
the enactment of the Intelligence Authorization
Act for Fiscal Year 2023, establish and
implement an intelligence community-wide policy
prescribing the use and limitations of the
authority under this paragraph, particularly
with respect to the application of
subparagraphs (B) and (C);
(ii) periodically review and update the
policy established under clause (i); and
(iii) submit to the congressional
intelligence committees, the Committee on
Appropriations of the Senate, and the Committee
on Appropriations of the House of
Representatives the policy when established
under clause (i) or updated under clause (ii).
(E) Annual report.--
(i) In general.--Not less frequently than
annually, the Director shall submit to the
congressional intelligence committees, the
Committee on Appropriations of the Senate, and
the Committee on Appropriations of the House of
Representatives a report detailing the use by
the intelligence community of the authority
provided by this paragraph.
(ii) Elements.--
(I) Required elements.--Each report
required by clause (i) shall detail the
following:
(aa) The number of
transactions.
(bb) The participants to such
transactions.
(cc) The purpose of the
transaction.
(dd) The amount of each
transaction.
(ee) Concerns with the
efficiency of the policy.
(ff) Any recommendations for
how to improve the process.
(II) Other elements.--Each report
required by clause (i) may describe
such transactions which have been
awarded follow-on production contracts
either pursuant to the authority
provided by this paragraph or another
acquisition authority available to the
intelligence community.
(o) Consideration of Views of Elements of Intelligence
Community.--In carrying out the duties and responsibilities
under this section, the Director of National Intelligence shall
take into account the views of a head of a department
containing an element of the intelligence community and of the
Director of the Central Intelligence Agency.
(p) Certain Responsibilities of Director of National
Intelligence Relating to National Intelligence Program.--(1)
Subject to the direction of the President, the Director of
National Intelligence shall, after consultation with the
Secretary of Defense, ensure that the National Intelligence
Program budgets for the elements of the intelligence community
that are within the Department of Defense are adequate to
satisfy the national intelligence needs of the Department of
Defense, including the needs of the Chairman of the Joint
Chiefs of Staff and the commanders of the unified and specified
commands, and wherever such elements are performing Government-
wide functions, the needs of other Federal departments and
agencies.
(2) Consistent with subsection (c)(5)(C), the Director of
National Intelligence shall, after consultation with the
Director of the Federal Bureau of Investigation, ensure that
the programs and activities of the Federal Bureau of
Investigation that are part of the National Intelligence
Program are executed in a manner that conforms with the
requirements of the national intelligence strategy under
section 108A of this Act and the National Intelligence
Priorities Framework of the Office of the Director of National
Intelligence (or any successor mechanism established for the
prioritization of such programs and activities).
(3) Not later than March 1 of each year, the President,
acting through the Director of National Intelligence, shall
submit to the congressional intelligence committees, the
Subcommittee on Defense of the Committee on Appropriations of
the Senate, and the Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives a copy of the
most recently updated National Intelligence Priorities
Framework of the Office of the Director of National
Intelligence (or any such successor mechanism).
(q) Acquisitions of Major Systems.--(1) For each intelligence
program within the National Intelligence Program for the
acquisition of a major system, the Director of National
Intelligence shall--
(A) require the development and implementation of a
program management plan that includes cost, schedule,
security risks, and performance goals and program
milestone criteria, except that with respect to
Department of Defense programs the Director shall
consult with the Secretary of Defense;
(B) serve as exclusive milestone decision authority,
except that with respect to Department of Defense
programs the Director shall serve as milestone decision
authority jointly with the Secretary of Defense or the
designee of the Secretary; and
(C) periodically--
(i) review and assess the progress made
toward the achievement of the goals and
milestones established in such plan; and
(ii) submit to Congress a report on the
results of such review and assessment.
(2) If the Director of National Intelligence and the
Secretary of Defense are unable to reach an agreement on a
milestone decision under paragraph (1)(B), the President shall
resolve the conflict.
(3) Nothing in this subsection may be construed to limit the
authority of the Director of National Intelligence to delegate
to any other official any authority to perform the
responsibilities of the Director under this subsection.
(4) In this subsection:
(A) The term ``intelligence program'', with respect
to the acquisition of a major system, means a program
that--
(i) is carried out to acquire such major
system for an element of the intelligence
community; and
(ii) is funded in whole out of amounts
available for the National Intelligence
Program.
(B) The term ``major system'' has the meaning given
such term in section 4(9) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 403(9)).
(r) Performance of Common Services.--The Director of National
Intelligence shall, in consultation with the heads of
departments and agencies of the United States Government
containing elements within the intelligence community and with
the Director of the Central Intelligence Agency, coordinate the
performance by the elements of the intelligence community
within the National Intelligence Program of such services as
are of common concern to the intelligence community, which
services the Director of National Intelligence determines can
be more efficiently accomplished in a consolidated manner.
(s) Pay Authority for Critical Positions.--(1)
Notwithstanding any pay limitation established under any other
provision of law applicable to employees in elements of the
intelligence community, the Director of National Intelligence
may, in coordination with the Director of the Office of
Personnel Management and the Director of the Office of
Management and Budget, grant authority to the head of a
department or agency to fix the rate of basic pay for one or
more positions within the intelligence community at a rate in
excess of any applicable limitation, subject to the provisions
of this subsection. The exercise of authority so granted is at
the discretion of the head of the department or agency
employing the individual in a position covered by such
authority, subject to the provisions of this subsection and any
conditions established by the Director of National Intelligence
when granting such authority.
(2) Authority under this subsection may be granted or
exercised only--
(A) with respect to a position that requires an
extremely high level of expertise and is critical to
successful accomplishment of an important mission; and
(B) to the extent necessary to recruit or retain an
individual exceptionally well qualified for the
position.
(3) The head of a department or agency may not fix a rate of
basic pay under this subsection at a rate greater than the rate
payable for level II of the Executive Schedule under section
5313 of title 5, United States Code, except upon written
approval of the Director of National Intelligence or as
otherwise authorized by law.
(4) The head of a department or agency may not fix a rate of
basic pay under this subsection at a rate greater than the rate
payable for level I of the Executive Schedule under section
5312 of title 5, United States Code, except upon written
approval of the President in response to a request by the
Director of National Intelligence or as otherwise authorized by
law.
(5) Any grant of authority under this subsection for a
position shall terminate at the discretion of the Director of
National Intelligence.
(6)(A) The Director of National Intelligence shall notify the
congressional intelligence committees not later than 30 days
after the date on which the Director grants authority to the
head of a department or agency under this subsection.
(B) The head of a department or agency to which the Director
of National Intelligence grants authority under this subsection
shall notify the congressional intelligence committees and the
Director of the exercise of such authority not later than 30
days after the date on which such head exercises such
authority.
(t) Award of Rank to Members of the Senior National
Intelligence Service.--(1) The President, based on the
recommendation of the Director of National Intelligence, may
award a rank to a member of the Senior National Intelligence
Service or other intelligence community senior civilian officer
not already covered by such a rank award program in the same
manner in which a career appointee of an agency may be awarded
a rank under section 4507 of title 5, United States Code.
(2) The President may establish procedures to award a rank
under paragraph (1) to a member of the Senior National
Intelligence Service or a senior civilian officer of the
intelligence community whose identity as such a member or
officer is classified information (as defined in section
606(1)).
(u) Conflict of Interest Regulations.--The Director of
National Intelligence, in consultation with the Director of the
Office of Government Ethics, shall issue regulations
prohibiting an officer or employee of an element of the
intelligence community from engaging in outside employment if
such employment creates a conflict of interest or appearance
thereof.
(v) Authority To Establish Positions in Excepted Service.--
(1) The Director of National Intelligence, with the concurrence
of the head of the covered department concerned and in
consultation with the Director of the Office of Personnel
Management, may--
(A) convert competitive service positions, and the
incumbents of such positions, within an element of the
intelligence community in such department, to excepted
service positions as the Director of National
Intelligence determines necessary to carry out the
intelligence functions of such element; and
(B) establish new positions in the excepted service
within an element of the intelligence community in such
department, if the Director of National Intelligence
determines such positions are necessary to carry out
the intelligence functions of such element.
(2) An incumbent occupying a position on the date of the
enactment of the Intelligence Authorization Act for Fiscal Year
2012 selected to be converted to the excepted service under
this section shall have the right to refuse such conversion.
Once such individual no longer occupies the position, the
position may be converted to the excepted service.
(3) A covered department may appoint an individual to a
position converted or established pursuant to this subsection
without regard to the civil-service laws, including parts II
and III of title 5, United States Code.
(4) In this subsection, the term ``covered department'' means
the Department of Energy, the Department of Homeland Security,
the Department of State, or the Department of the Treasury.
(w) Nuclear Proliferation Assessment Statements Intelligence
Community Addendum.--The Director of National Intelligence, in
consultation with the heads of the appropriate elements of the
intelligence community and the Secretary of State, shall
provide to the President, the congressional intelligence
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the
Senate an addendum to each Nuclear Proliferation Assessment
Statement accompanying a civilian nuclear cooperation
agreement, containing a comprehensive analysis of the country's
export control system with respect to nuclear-related matters,
including interactions with other countries of proliferation
concern and the actual or suspected nuclear, dual-use, or
missile-related transfers to such countries.
(x) Requirements for Intelligence Community Contractors.--The
Director of National Intelligence, in consultation with the
heads of the elements of the intelligence community, shall--
(1) ensure that--
(A) any contractor to an element of the
intelligence community with access to a
classified network or classified information
develops and operates a security plan that is
consistent with standards established by the
Director of National Intelligence for
intelligence community networks; and
(B) each contract awarded by an element of
the intelligence community includes provisions
requiring the contractor comply with such plan
and such standards;
(2) conduct periodic assessments of each security
plan required under paragraph (1)(A) to ensure such
security plan complies with the requirements of such
paragraph; and
(3) ensure that the insider threat detection
capabilities and insider threat policies of the
intelligence community, including the policy under
subsection (f)(8), apply to facilities of contractors
with access to a classified network.
(y) Fundraising.--(1) The Director of National Intelligence
may engage in fundraising in an official capacity for the
benefit of nonprofit organizations that--
(A) provide support to surviving family members of a
deceased employee of an element of the intelligence
community; or
(B) otherwise provide support for the welfare,
education, or recreation of employees of an element of
the intelligence community, former employees of an
element of the intelligence community, or family
members of such employees.
(2) In this subsection, the term ``fundraising'' means the
raising of funds through the active participation in the
promotion, production, or presentation of an event designed to
raise funds and does not include the direct solicitation of
money by any other means.
(3) Not later than 7 days after the date the Director engages
in fundraising authorized by this subsection or at the time the
decision is made to participate in such fundraising, the
Director shall notify the congressional intelligence committees
of such fundraising.
(4) The Director, in consultation with the Director of the
Office of Government Ethics, shall issue regulations to carry
out the authority provided in this subsection. Such regulations
shall ensure that such authority is exercised in a manner that
is consistent with all relevant ethical constraints and
principles, including the avoidance of any prohibited conflict
of interest or appearance of impropriety.
(z) Analyses and Impact Statements Regarding Proposed
Investment Into the United States.--(1) Not later than 20 days
after the completion of a review or an investigation of any
proposed investment into the United States for which the
Director has prepared analytic materials, the Director shall
submit to the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the House
of Representative copies of such analytic materials, including
any supplements or amendments to such analysis made by the
Director.
(2) Not later than 60 days after the completion of
consideration by the United States Government of any investment
described in paragraph (1), the Director shall determine
whether such investment will have an operational impact on the
intelligence community, and, if so, shall submit a report on
such impact to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of
the House of Representatives. Each such report shall--
(A) describe the operational impact of the investment
on the intelligence community, including with respect
to counterintelligence; and
(B) describe any actions that have been or will be
taken to mitigate such impact.
(3) Definitions.--In this subsection:
(A) The term ``a review or an investigation of any
proposed investment into the United States for which
the Director has prepared analytic materials'' includes
a review, investigation, assessment, or analysis
conducted by the Director pursuant to section 7 or
10(g) of Executive Order 13913 (85 Fed. Reg. 19643;
relating to Establishing the Committee for the
Assessment of Foreign Participation in the United
States Telecommunications Services Sector), or
successor order.
(B) The term ``investment'' includes any activity
reviewed, investigated, assessed, or analyzed by the
Director pursuant to section 7 or 10(g) of Executive
Order 13913, or successor order.
office of the director of national intelligence
Sec. 103. (a) Office of Director of National Intelligence.--
There is an Office of the Director of National Intelligence.
(b) Function.--The function of the Office of the Director of
National Intelligence is to assist the Director of National
Intelligence in carrying out the duties and responsibilities of
the Director under this Act and other applicable provisions of
law, and to carry out such other duties as may be prescribed by
the President or by law.
(c) Composition.--The Office of the Director of National
Intelligence is composed of the following:
(1) The Director of National Intelligence.
(2) The Principal Deputy Director of National
Intelligence.
(3) Any Deputy Director of National Intelligence
appointed under section 103A.
(4) The National Intelligence Council.
(5) The National Intelligence Management Council.
(6) The General Counsel.
(7) The Civil Liberties Protection Officer.
(8) The Director of Science and Technology.
(9) The Director of the [National Counterintelligence
and Security Center] National Counterintelligence
Center.
(10) The Chief Information Officer of the
Intelligence Community.
(11) The Inspector General of the Intelligence
Community.
(12) The Director of the National Counterterrorism
Center.
(13) The Director of the National Counter
Proliferation Center.
(14) The Chief Financial Officer of the Intelligence
Community.
(15) Such other offices and officials as may be
established by law or the Director may establish or
designate in the Office, including national
intelligence centers.
(d) Staff.--(1) To assist the Director of National
Intelligence in fulfilling the duties and responsibilities of
the Director, the Director shall employ and utilize in the
Office of the Director of National Intelligence a professional
staff having an expertise in matters relating to such duties
and responsibilities, and may establish permanent positions and
appropriate rates of pay with respect to that staff.
(2) The staff of the Office of the Director of National
Intelligence under paragraph (1) shall include the staff of the
Office of the Deputy Director of Central Intelligence for
Community Management that is transferred to the Office of the
Director of National Intelligence under section 1091 of the
National Security Intelligence Reform Act of 2004.
(e) Temporary Filling of Vacancies.--With respect to filling
temporarily a vacancy in an office within the Office of the
Director of National Intelligence (other than that of the
Director of National Intelligence), section 3345(a)(3) of title
5, United States Code, may be applied--
(1) in the matter preceding subparagraph (A), by
substituting ``an element of the intelligence
community, as that term is defined in section 3(4) of
the National Security Act of 1947 (50 U.S.C.
401a(4)),'' for ``such Executive agency''; and
(2) in subparagraph (A), by substituting ``the
intelligence community'' for ``such agency''.
(f) Location of the Office of the Director of National
Intelligence.--The headquarters of the Office of the Director
of National Intelligence may be located in the Washington
metropolitan region, as that term is defined in section 8301 of
title 40, United States Code.
* * * * * * *
[director of the national counterintelligence and security center
[Sec. 103F. (a) Director of the National Counterintelligence
and Security Center.--The Director of the National
Counterintelligence and Security Center appointed under section
902 of the Counterintelligence Enhancement Act of 2002 (50
U.S.C. 3382) is a component of the Office of the Director of
National Intelligence.
[(b) Duties.--The Director of the National
Counterintelligence and Security Center shall perform the
duties provided in the Counterintelligence Enhancement Act of
2002 and such other duties as may be prescribed by the Director
of National Intelligence or specified by law.]
* * * * * * *
SEC. 103M. NATIONAL INTELLIGENCE MANAGEMENT COUNCIL.
(a) Establishment.--There is within the Office of the
Director of National Intelligence a National Intelligence
Management Council.
(b) Composition.--
(1) The National Intelligence Management Council
shall be composed of senior officials within the
intelligence community and substantive experts from the
public or private sector, who shall be appointed by,
report to, and serve at the pleasure of, the Director
of National Intelligence.
(2) The Director shall prescribe appropriate security
requirements for personnel appointed from the private
sector as a condition of service on the National
Intelligence Management Council, or as contractors of
the Council or employees of such contractors, to ensure
the protection of intelligence sources and methods
while avoiding, wherever possible, unduly intrusive
requirements which the Director considers to be
unnecessary for this purpose.
(c) Duties and Responsibilities.--Members of the National
Intelligence Management Council shall work with each other and
with other elements of the intelligence community to ensure
proper coordination and to minimize duplication of effort, in
addition to the following duties and responsibilities:
(1) Provide integrated mission input to support the
processes and activities of the intelligence community,
including with respect to intelligence planning,
programming, budgeting, and evaluation processes.
(2) Identify and pursue opportunities to integrate or
coordinate collection and counterintelligence efforts.
(3) In concert with the responsibilities of the
National Intelligence Council, ensure the integration
and coordination of analytic and collection efforts.
(4) Develop and coordinate intelligence strategies in
support of budget planning and programming activities.
(5) Advise the Director of National Intelligence on
the development of the National Intelligence Priorities
Framework of the Office of the Director of National
Intelligence (or any successor mechanism established
for the prioritization of programs and activities).
(6) In concert with the responsibilities of the
National Intelligence Council, support the role of the
Director of National Intelligence as principal advisor
to the President on intelligence matters.
(7) Inform the elements of the intelligence community
of the activities and decisions related to missions
assigned to the National Intelligence Management
Council.
(8) Maintain awareness, across various functions and
disciplines, of the mission-related activities and
budget planning of the intelligence community.
(9) Evaluate, with respect to assigned mission
objectives, requirements, and unmet requirements, the
implementation of the budget of each element of the
intelligence community.
(10) Provide oversight on behalf of, and make
recommendations to, the Director of National
Intelligence on the extent to which the activities,
program recommendations, and budget proposals made by
elements of the intelligence community sufficiently
address mission objectives, intelligence gaps, and
unmet requirements.
(d) Mission Management of Members.--Members of the National
Intelligence Management Council, under the direction of the
Director of National Intelligence, shall serve as mission
managers to ensure integration among the elements of the
intelligence community and across intelligence functions,
disciplines, and activities for the purpose of achieving unity
of effort and effect, including through the following
responsibilities:
(1) Planning and programming efforts.
(2) Budget and program execution oversight.
(3) Engagement with elements of the intelligence
community and with policymakers in other agencies.
(4) Workforce competencies and training activities.
(5) Development of capability requirements.
(6) Development of governance fora, policies, and
procedures.
(e) Staff; Availability.--
(1) Staff.--The Director of National Intelligence
shall make available to the National Intelligence
Management Council such staff as may be necessary to
assist the National Intelligence Management Council in
carrying out the responsibilities described in this
section.
(2) Availability.--Under the direction of the
Director of National Intelligence, the National
Intelligence Management Council shall make reasonable
efforts to advise and consult with officers and
employees of other departments or agencies, or
components thereof, of the United States Government not
otherwise associated with the intelligence community.
(f) Support From Elements of the Intelligence Community.--The
heads of the elements of the intelligence community shall
provide appropriate support to the National Intelligence
Management Council, including with respect to intelligence
activities, as required by the Director of National
Intelligence.
(g) National Intelligence Manager for the People's Republic
of China.--
(1) Establishment.--Not later than 180 days after the
date of the enactment of the Intelligence Authorization
Act for Fiscal Year 2026 and subject to paragraph (2),
the Director of National Intelligence shall appoint a
member of the National Intelligence Management Council
as the National Intelligence Manager for matters
relating to the People's Republic of China.
(2) Waiver.--
(A) In general.--The Director of National
Intelligence may waive the requirement under
paragraph (1) if the Director of National
Intelligence submits to the congressional
intelligence committees a certification that
the appointment described in paragraph (1)
would not advance the national security
interests of the United States.
(B) Period of waiver.--A waiver under
subparagraph (A) shall apply for the two-year
period beginning on the date on which the
Director of National Intelligence submits the
certification described in such subparagraph.
The Director may renew the period of
applicability of a waiver by submitting
additional certifications under such
subparagraph.
(3) Termination.--The requirements of this subsection
shall terminate on December 31, 2030.
* * * * * * *
SEC. 106A. DIRECTOR OF THE NATIONAL RECONNAISSANCE OFFICE.
(a) In General.--There is a Director of the National
Reconnaissance Office.
(b) Appointment.--The Director of the National Reconnaissance
Office shall be appointed by the President, by and with the
advice and consent of the Senate.
(c) Functions and Duties.--The Director of the National
Reconnaissance Office shall be the head of the National
Reconnaissance Office and shall discharge such functions and
duties as are provided by this Act or otherwise by law or
executive order.
[(d) Advisory Board.--
[(1) Establishment.--There is established in the
National Reconnaissance Office an advisory board (in
this section referred to as the ``Board'').
[(2) Duties.--The Board shall--
[(A) study matters relating to the mission of
the National Reconnaissance Office, including
with respect to promoting innovation,
competition, and resilience in space, overhead
reconnaissance, acquisition, and other matters;
and
[(B) advise and report directly to the
Director with respect to such matters.
[(3) Members.--
[(A) Number and appointment.--
[(i) In general.--The Board shall be
composed of up to 8 members appointed
by the Director, in consultation with
the Director of National Intelligence
and the Secretary of Defense, from
among individuals with demonstrated
academic, government, business, or
other expertise relevant to the mission
and functions of the National
Reconnaissance Office, and who do not
present any actual or potential
conflict of interest.
[(ii) Membership structure.--The
Director shall ensure that no more than
2 concurrently serving members of the
Board qualify for membership on the
Board based predominantly on a single
qualification set forth under clause
(i).
[(iii) 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.
[(B) Terms.--Each member shall be appointed
for a term of 2 years. Except as provided by
subparagraph (C), a member may not serve more
than three terms.
[(C) 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. A member may serve
after the expiration of that member's term
until a successor has taken office.
[(D) Chair.--The Board shall have a Chair,
who shall be appointed by the Director from
among the members.
[(E) 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.
[(F) Executive secretary.--The Director may
appoint an executive secretary, who shall be an
employee of the National Reconnaissance Office,
to support the Board.
[(4) Meetings.--The Board shall meet not less than
quarterly, but may meet more frequently at the call of
the Director.
[(5) Charter.--The Director shall establish a charter
for the Board that includes the following:
[(A) Mandatory processes for identifying
potential conflicts of interest, including the
submission of initial and periodic financial
disclosures by Board members.
[(B) The vetting of potential conflicts of
interest by the designated agency ethics
official, except that no individual waiver may
be granted for a conflict of interest
identified with respect to the Chair of the
Board.
[(C) The establishment of a process and
associated protections for any whistleblower
alleging a violation of applicable conflict of
interest law, Federal contracting law, or other
provision of law.
[(6) 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.
[(7) Nonapplicability of certain requirements.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Board.
[(8) Termination.--The Board shall terminate on
August 31, 2027.]
* * * * * * *
[annual report on hiring and retention of minority employees
[Sec. 114.
[(a) The Director of National Intelligence shall, on an
annual basis, submit to Congress a report on the employment of
covered persons within each element of the intelligence
community for the preceding fiscal year and the preceding 5
fiscal years.
[(b) Each such report shall include data, disaggregated by
category of covered person and by element of the intelligence
community, on the following:
[(1) Of all individuals employed in the element
during the fiscal year involved, the aggregate
percentage of such individuals who are covered persons.
[(2) Of all individuals employed in the element
during the fiscal year involved at the levels referred
to in subparagraphs (A) and (B), the percentage of
covered persons employed at such levels:
[(A) Positions at levels 1 through 15 of the
General Schedule.
[(B) Positions at levels above GS-15.
[(3) Of all individuals hired by the element involved
during the fiscal year involved, the percentage of such
individuals who are covered persons.
[(c) Each such report shall be submitted in unclassified
form, but may contain a classified annex.
[(d) Nothing in this section shall be construed as providing
for the substitution of any similar report required under
another provision of law.
[(e) In this section the term ``covered persons'' means--
[(1) racial and ethnic minorities;
[(2) women; and
[(3) individuals with disabilities.]
* * * * * * *
[annual report on financial intelligence on terrorist assets
[Sec. 118. (a) Annual Report.--On an annual basis, the
Secretary of the Treasury (acting through the head of the
Office of Intelligence Support) shall submit a report to the
appropriate congressional committees that fully informs the
committees concerning operations against terrorist financial
networks. Each such report shall include with respect to the
preceding one-year period--
[(1) the total number of asset seizures,
designations, and other actions against individuals or
entities found to have engaged in financial support of
terrorism;
[(2) the total number of physical searches of
offices, residences, or financial records of
individuals or entities suspected of having engaged in
financial support for terrorist activity; and
[(3) whether the financial intelligence information
seized in these cases has been shared on a full and
timely basis with the all departments, agencies, and
other entities of the United States Government involved
in intelligence activities participating in the Foreign
Terrorist Asset Tracking Center.
[(b) Immediate Notification for Emergency Designation.--In
the case of a designation of an individual or entity, or the
assets of an individual or entity, as having been found to have
engaged in terrorist activities, the Secretary of the Treasury
shall report such designation within 24 hours of such a
designation to the appropriate congressional committees.
[(c) Submittal Date of Reports to Congressional Intelligence
Committees.--In the case of the reports required to be
submitted under subsection (a) to the congressional
intelligence committees, the submittal dates for such reports
shall be as provided in section 507.
[(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
[(1) The Permanent Select Committee on Intelligence,
the Committee on Appropriations, the Committee on Armed
Services, and the Committee on Financial Services of
the House of Representatives.
[(2) The Select Committee on Intelligence, the
Committee on Appropriations, the Committee on Armed
Services, and the Committee on Banking, Housing, and
Urban Affairs of the Senate.]
* * * * * * *
SEC. 119C. FOREIGN MALIGN INFLUENCE CENTER.
(a) Establishment.--There is within the Office of the
Director of National Intelligence a Foreign Malign Influence
Center (in this section referred to as the ``Center'').
(b) Functions and Composition.--The Center shall--
(1) be comprised of analysts from all elements of the
intelligence community, including elements with
diplomatic and law enforcement functions;
(2) have access to all intelligence and other
reporting possessed or acquired by the United States
Government pertaining to foreign malign influence;
(3) serve as the primary organization in the United
States Government for analyzing and integrating all
intelligence possessed or acquired by the United States
Government pertaining to foreign malign influence; and
(4) provide to employees and officers of the Federal
Government in policy-making positions and Congress
comprehensive assessments, and indications and
warnings, of foreign malign influence.
(c) Director.--
(1) Appointment.--There is a Director of the Center,
who shall be the head of the Center, and who shall be
appointed by the Director of National Intelligence.
(2) Role.--The Director of the Center shall--
(A) report directly to the Director of
National Intelligence;
(B) carry out the functions under subsection
(b); and
(C) at the request of the President or the
Director of National Intelligence, develop and
provide recommendations for potential responses
by the United States to foreign malign
influence.
[(d) Annual Reports.--
[(1) In general.--In addition to the matters
submitted pursuant to subsection (b)(4), at the
direction of the Director of National Intelligence, but
not less than once each year, the Director of the
Center shall submit to the congressional intelligence
committees, the Committee on Foreign Affairs of the
House of Representatives, and the Committee on Foreign
Relations of the Senate a report on foreign malign
influence.
[(2) Matters included.--Each report under paragraph
(1) shall include, with respect to the period covered
by the report, a discussion of the following:
[(A) The most significant activities of the
Center.
[(B) Any recommendations the Director
determines necessary for legislative or other
actions to improve the ability of the Center to
carry out its functions, including
recommendations regarding the protection of
privacy and civil liberties.]
[(e)] (d) Definitions.--In this section:
(1) Covered foreign country.--The term ``covered
foreign country'' means the following:
(A) The Russian Federation.
(B) The Islamic Republic of Iran.
(C) The Democratic People's Republic of
Korea.
(D) The People's Republic of China.
(E) Any other foreign country that the
Director of the Center determines appropriate
for purposes of this section.
(2) Foreign malign influence.--The term ``foreign
malign influence'' means any hostile effort undertaken
by, at the direction of, or on behalf of or with the
substantial support of, the government of a covered
foreign country with the objective of influencing,
through overt or covert means--
(A) the political, military, economic, or
other policies or activities of the United
States Government or State or local
governments, including any election within the
United States; or
(B) the public opinion within the United
States.
* * * * * * *
SEC. 121. 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
certified to the head of the element that the person or entity
has disclosed to the head of the element any material financial
or material in-kind support that the person or entity knows, or
should have known, derives from 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,
during the 5-year period ending on the date of the person or
entity's application for the grant.
(b) Process for Review of Grant Applicants Prior to Award.--
(1) In general.--The head of an element of the
intelligence community may not award a grant to a
person or entity who submitted a certification under
subsection (a) until such certification is received by
the head of an element of the intelligence community
and submitted to the Director of National Intelligence
pursuant to the process set forth in paragraph (2).
(2) Process.--
(A) In general.--The Director of National
Intelligence, in coordination with such heads
of elements of the intelligence community as
the Director considers appropriate, shall
establish a process to review the awarding of a
grant to an applicant who submitted a
certification under subsection (a).
(B) Elements.--The process established under
subparagraph (A) shall include the following:
(i) The immediate transmission of a
copy of each applicant's certification
made under subsection (a) to the
Director of National Intelligence.
(ii) The review of the certification
and any accompanying disclosures
submitted under subsection (a) as soon
as practicable.
(iii) Authorization for the heads of
the elements of the intelligence
community to take such actions as may
be necessary, including denial or
revocation of a grant, to ensure a
grant does not pose an unacceptable
risk of--
(I) misappropriation of
United States intellectual
property, research and
development, and innovation
efforts; or
(II) other
counterintelligence threats.
[(c) Annual Report Required.--Not later than 1 year after the
date of the enactment of the Intelligence Authorization Act for
Fiscal Year 2023 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 1-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 using the process established under subsection
(b)(2), disaggregated by element of the intelligence
community.
[(3) The number of such applications that were denied
and the number of grants that were revoked, pursuant to
the process established under subsection (b)(2),
disaggregated by element of the intelligence
community.]
* * * * * * *
SEC. 123. DESIGNATION OF SENIOR OFFICIALS FOR BIOTECHNOLOGY.
(a) Designation.--The head of each element of the
intelligence community specified in subsection (b) shall
designate a senior official of such element to serve as the
official responsible for the activities of such element
relating to biotechnology.
(b) Specified Elements.--The elements of the intelligence
community specified in this subsection are the following:
(1) The Office of the Director of National
Intelligence.
(2) The Central Intelligence Agency.
(3) The National Security Agency.
(4) The Defense Intelligence Agency.
(5) The intelligence elements of the Federal Bureau
of Investigation.
(6) The Office of Intelligence and
Counterintelligence of the Department of Energy.
(7) The Bureau of Intelligence and Research of the
Department of State.
(8) The Office of Intelligence and Analysis of the
Department of Homeland Security.
(c) Notice to Congress.--Not later than 15 days after
designating a senior official under this section, the head of
the element of the intelligence community designating such
official shall submit to the congressional intelligence
committees notice of the designation.
SEC. 124. EFFICIENT USE OF OPEN-SOURCE INTELLIGENCE.
(a) Efficient Use Required.--The Director of National
Intelligence shall ensure that the intelligence community makes
efficient and effective use of open-source intelligence.
(b) Designation of Responsible Officials.--
(1) In general.--In carrying out subsection (a), the
Director of National Intelligence, in consultation with
the heads of the other elements of the intelligence
community, shall designate an official of the
intelligence community who shall be responsible for the
implementation, standardization, and harmonization of
the collection and use of open-source intelligence for
each of the following areas:
(A) Training, tradecraft, and
professionalization.
(B) Technology innovation and tool
development.
(C) Data acquisition, cataloging, and
sharing.
(D) Collection management and requirements.
(E) Partnerships and collaborations with
entities that are not elements of the
intelligence community, including with respect
to the dissemination of open-source
intelligence products and tools to departments
and agencies of the Federal Government that are
not elements of the intelligence community.
(F) Standards and governance.
(2) Authority to select single official for multiple
areas.--The Director of National Intelligence may
designate a single official to be responsible for more
than one of the areas identified in subparagraphs (A)
through (F) of paragraph (1).
(c) Additional Requirements for Efficient Use.--In carrying
out subsection (a), the Director of National Intelligence
shall, to the extent practicable--
(1) minimize the duplication of open-source
intelligence activities and open-source funding
allocations among elements of the intelligence
community; and
(2) ensure that all open-source intelligence efforts
undertaken by elements of the intelligence community
are appropriately coordinated, documented, and
disclosed to the other elements of the intelligence
community.
(d) Rule of Construction.--Nothing in this section shall be
construed to affect the applicability of any law or regulation
relating to the privacy or civil liberties of United States
persons or data pertaining to United States persons.
(e) Open-source Intelligence Defined.--The term ``open-source
intelligence'' has the meaning given that term in section 601
of the Intelligence Authorization Act for Fiscal Year 2026.
SEC. 125. OVERSIGHT OF ACQUISITION OF COMMERCIALLY AVAILABLE
INFORMATION.
(a) Designation.--The Director of National Intelligence shall
designate an official within the intelligence community to
oversee the acquisition and management of commercially
available information by the elements of the intelligence
community.
(b) Duties.--The official designated under subsection (a)
shall--
(1) ensure there is deconfliction of the acquisition
of commercially available information;
(2) prevent unnecessary duplicative acquisitions;
(3) maximize interoperability and data sharing and
minimize acquisitions costs;
(4) coordinate information requirements between
elements of the intelligence community and vendors
providing commercially available information to ensure
clear and concise specifications that outline the
necessary features, quality standards, performance
indicators, delivery timelines, and any other essential
details;
(5) document such requirements in formats common to
the elements of the intelligence community to ensure a
shared understanding of the information being
requested;
(6) establish an evaluation methodology to manage
procurement metrics; and
(7) carry out such additional duties relating to the
acquisition and management of commercially available
information by the elements of the intelligence
community as the Director of National Intelligence
considers appropriate.
(c) Annual Review.--Not later than May 31, 2027, and annually
thereafter for two years, the official designated under
subsection (a) shall provide to the congressional intelligence
committees a briefing on the acquisition of commercially
available information.
(d) Commercially Available Information Defined.--The term
``commercially available information'' has the meaning given
that term in section 601 of the Intelligence Authorization Act
for Fiscal Year 2026.
* * * * * * *
TITLE III--MISCELLANEOUS
* * * * * * *
TITLE IV--NATIONAL COUNTERINTELLIGENCE CENTER
Subtitle A--Organization
SEC. 401. ESTABLISHMENT; DIRECTOR.
(a) Establishment.--There is within the Office of the
Director of National Intelligence a National
Counterintelligence Center.
(b) Director of the National Counterintelligence Center.--
(1) Appointment.--There is a Director of the National
Counterintelligence Center, who shall be the head of
the National Counterintelligence Center and who shall
be appointed by the President, by and with the advice
and consent of the Senate.
(2) Principal advisor for counterintelligence.--The
Director of the National Counterintelligence Center
shall serve as the principal advisor to the President
and the Director of National Intelligence with respect
to counterintelligence matters.
(3) Reporting.--The Director of the National
Counterintelligence Center shall report to the Director
of National Intelligence.
SEC. 402. PERSONNEL.
Subject to the authority, direction, and control of the
Director of National Intelligence, the Director of the National
Counterintelligence Center may exercise the authorities of the
Director of National Intelligence under subsections (l) and (m)
of section 102A with respect to personnel of the National
Counterintelligence Center.
SEC. 403. NATIONAL COUNTERINTELLIGENCE TASK FORCE.
(a) Establishment.--The Director of the National
Counterintelligence Center shall establish a task force to be
known as the ``National Counterintelligence Task Force'' (in
this section referred to as the ``Task Force'').
(b) Membership.--The Task Force shall be composed of the
following:
(1) The Director of the National Counterintelligence
Center, who shall serve as chair of the Task Force.
(2) A designee of the head of each element of the
intelligence community.
(3) A designee of any other department or agency of
the Federal Government that the Director of the
National Counterintelligence Center and the head of
such department or agency considers appropriate.
(4) Such other persons as the Director of the
National Counterintelligence Center considers
appropriate.
(c) Duties.--The Task Force shall carry out such duties as
are assigned to the Task Force by the Director.
Subtitle B--Mission, Duties, and Authorities
SEC. 411. MISSION.
The mission of the National Counterintelligence Center shall
be to direct, coordinate, and carry out counterintelligence
activities.
SEC. 412. DUTIES.
(a) In General.--The Director of the National
Counterintelligence Center shall lead and direct all efforts of
the Federal Government with respect to--
(1) countering, denying, disrupting, and degrading
intelligence operations by foreign entities;
(2) deceiving, exploiting, and shaping the
intelligence gathering plans, intentions, operations,
and perceived effectiveness of foreign entities;
(3) coordinating, deconflicting, authorizing, and
directing the execution of counterintelligence
activities by the intelligence community;
(4) strategic operational planning for
counterintelligence activities;
(5) countering foreign influence operations;
(6) countering foreign denial and deception
activities;
(7) assessing foreign intelligence capabilities and
addressing counterintelligence collection gaps and
strategic threats;
(8) mitigating counterintelligence risks and
vulnerabilities;
(9) analyzing and producing counterintelligence
products;
(10) evaluating technical counterintelligence
capabilities and resources;
(11) evaluating and establishing interagency
processes and methods to resolve counterintelligence
anomalies;
(12) assessing integration shortfalls and leading
efforts to maximize the integration of data and
expertise to address foreign intelligence threats and
improve counterintelligence;
(13) advocating for and providing education and
training relating to counterintelligence and countering
foreign influence operations; and
(14) such other matters relating to
counterintelligence as the Director of National
Intelligence may direct.
(b) Additional Specific Duties.--In addition to the duties
described in subsection (a), the Director of the National
Counterintelligence Center shall--
(1) establish and prioritize requirements for the
collection, analysis, and dissemination of
counterintelligence information by the intelligence
community;
(2) evaluate the effectiveness of the elements of the
intelligence community in using funds available under
the National Counterintelligence Program to carry out
counterintelligence activities and achieve
counterintelligence goals;
(3) engage international partners to conduct
information sharing and joint operations and enhance
capabilities with respect to counterintelligence;
(4) establish doctrine, certification, and tradecraft
standards and requirements for execution of offensive
counterintelligence activities;
(5) carry out damage assessments under section 415;
(6) establish a polygraph program for
counterintelligence purposes, including to support
damage assessments under section 415 and other
departments and agencies of the Federal Government;
(7) establish a centralized system for the
intelligence community for the storage of and access to
information on foreign intelligence threat actors;
(8) support departments and agencies of the Federal
Government that are not elements of the intelligence
community with counterintelligence matters and
resources;
(9) conduct outreach on counterintelligence matters
to State, local, and tribal governments and public- and
private-sector organizations and establish an
information-sharing framework to allow Federal, State,
local, and tribal governments and public- and private-
sector organizations to share information on suspected
foreign intelligence threats; and
(10) establish procedures, policies, and information-
sharing frameworks for watchlisting, screening,
vetting, and suspicious activity reporting for
counterintelligence purposes.
SEC. 413. AUTHORITY TO DIRECT AND CARRY OUT COUNTERINTELLIGENCE
ACTIVITIES.
(a) Authority of Director.--In carrying out the mission and
duties of the National Counterintelligence Center, the Director
of the National Counterintelligence Center may--
(1) carry out a counterintelligence activity;
(2) direct the head of an element of the intelligence
community to carry out a counterintelligence activity;
(3) direct the head of an element of the intelligence
community to receive the concurrence of the Director
before such element carries out a counterintelligence
activity;
(4) access all counterintelligence information,
including investigative and operational information, in
the possession of an element of the intelligence
community;
(5) direct the head of department or agency of the
Federal Government to provide the Director with
information the Director considers necessary to carry
out a damage assessment under section 415 or in any
other circumstance where the Director determines a
damage assessment is appropriate;
(6) direct the head of an element of the intelligence
community to embed within such element an individual
designated by the Director to serve as a liaison
between such element and the Director with respect to
counterintelligence activities;
(7) delegate authority to carry out a
counterintelligence activity to the head of an element
of the intelligence community; and
(8) transfer funds made available to the National
Counterintelligence Center to another department or
agency of the Federal Government to support
counterintelligence activities of that department or
agency.
(b) Duties of Elements of the Intelligence Community.--The
head of each element of the intelligence community--
(1) shall carry out each counterintelligence activity
that the Director of the National Counterintelligence
Center directs the head of such element to carry out;
(2) may not carry out a counterintelligence activity
with respect to which the Director of the National
Counterintelligence Center directs the head of such
element to receive the concurrence of the Director
before such element carries out such
counterintelligence activity until the head of such
element receives such concurrence;
(3) provide access to all counterintelligence
information in the possession of such element that is
requested by the Director of the National
Counterintelligence Center;
(4) provide information as the Director of the
National Counterintelligence Center considers necessary
to carry out a damage assessment under section 415 or
in any other circumstance where the Director determines
a damage assessment is appropriate;
(5) embed within such element an individual
designated by the Director to serve as a liaison
between such element and the Director with respect to
counterintelligence activities; and
(6) promptly notify the Director of the National
Counterintelligence Center of--
(A) each counterintelligence investigation
initiated by the head of such element; and
(B) any intended or pending arrest of a
person in a counterintelligence investigation.
(c) Clarification of Prosecutorial Discretion.--Nothing in
this section shall be construed to affect the authority of the
Attorney General to prosecute a violation of Federal criminal
law.
SEC. 414. COORDINATION OF COUNTERINTELLIGENCE MATTERS WITH THE FEDERAL
BUREAU OF INVESTIGATION.
[(1)] (a) Coordination._Except as provided in [paragraph (5)]
subsection (e), the head of each department or agency within
the executive branch shall ensure that--
[(A)] (1) the Federal Bureau of Investigation and the
Director of the National Counterintelligence Center is
advised immediately of any information, regardless of
its origin, which indicates that classified information
is being, or may have been, disclosed in an
unauthorized manner to a foreign power or an agent of a
foreign power;
[(B)] (2) following a report made pursuant to
[subparagraph (A)] paragraph (1), the Federal Bureau of
Investigation is consulted with respect to all
subsequent actions which may be undertaken by the
department or agency concerned to determine the source
of such loss or compromise; and
[(C)] (3) where, after appropriate consultation with
the department or agency concerned, the Federal Bureau
of Investigation undertakes investigative activities to
determine the source of the loss or compromise, the
Federal Bureau of Investigation is given complete and
timely access to the employees and records of the
department or agency concerned for purposes of such
investigative activities.
[(2)] (b) Espionage Information._[Except as provided in
paragraph (5)] Except as provided in subsection (e), the
Director of the Federal Bureau of Investigation shall ensure
that espionage information obtained by the Federal Bureau of
Investigation pertaining to the personnel, operations, or
information of departments or agencies of the executive branch,
is provided through appropriate channels in a timely manner to
the department or agency concerned, and that such departments
or agencies are consulted in a timely manner with respect to
espionage investigations undertaken by the Federal Bureau of
Investigation which involve the personnel, operations, or
information of such department or agency.
[(3)] (c) Impact assessment._[(A)] (1) The Director of the
Federal Bureau of Investigation shall submit to the head of the
department or agency concerned a written assessment of the
potential impact of the actions of the department or agency on
a counterintelligence investigation.
[(B)] (2) The head of the department or agency concerned
shall--
[(i)] (A) use an assessment under [subparagraph (A)]
paragraph (1) as an aid in determining whether, and
under what circumstances, the subject of an
[investigation under paragraph (1)] investigation under
subsection (a) should be left in place for
investigative purposes; and
[(ii)] (B) notify in writing the Director of the
Federal Bureau of Investigation of such determination.
[(C)] (3) The Director of the Federal Bureau of Investigation
and the head of the department or agency concerned shall
continue to consult, as appropriate, to review the status of an
investigation covered by this paragraph, and to reassess, as
appropriate, a determination of the head of the department or
agency concerned to leave a subject in place for investigative
purposes.
[(4)] (d) Notification of Full Espionage Investigation._[(A)]
(1) The Federal Bureau of Investigation shall notify
appropriate officials within the executive branch, including
the head of the department or agency concerned, of the
commencement of a full field espionage investigation with
respect to an employee within the executive branch.
[(B)] (2) A department or agency may not conduct a polygraph
examination, interrogate, or otherwise take any action that is
likely to alert an employee covered by a notice under
[subparagraph (A)] paragraph (1) of an investigation described
in that subparagraph without prior coordination and
consultation with the Federal Bureau of Investigation.
[(5)] (e) Waiver._Where essential to meet extraordinary
circumstances affecting vital national security interests of
the United States, the President may on a case-by-case basis
waive the requirements of [paragraph (1), (2), or (3)]
subsection (a), (b), or (c), as they apply to the head of a
particular department or agency, or the Director of the Federal
Bureau of Investigation. Such waiver shall be in writing and
shall fully state the justification for such waiver. Within
thirty days, the President shall notify the Select Committee on
Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives that such
waiver has been issued, and at that time or as soon as national
security considerations permit, provide these committees with a
complete explanation of the circumstances which necessitated
such waiver.
[(6)] (f) Rule of Construction._Nothing in this section may
be construed to alter the existing jurisdictional arrangements
between the Federal Bureau of Investigation and the Department
of Defense with respect to investigations of persons subject to
the Uniform Code of Military Justice, nor to impose additional
reporting requirements upon the Department of Defense with
respect to such investigations beyond those required by
existing law and executive branch policy.
[(7)] (g) Definitions._As used in this section, the terms
``foreign power'' and ``agent of a foreign power'' have the
same meanings as set forth in subsections (a) and (b) of
section 101, respectively, of the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801).
SEC. [1105A.] 415. NOTICE AND DAMAGE ASSESSMENT WITH RESPECT TO
SIGNIFICANT UNAUTHORIZED DISCLOSURE OR COMPROMISE
OF CLASSIFIED NATIONAL INTELLIGENCE.
(a) Notification and Damage Assessment Requirements.--
(1) Requirements.--If the [Director of National
Intelligence] Director of the National
Counterintelligence Center becomes aware of an actual
or potential significant unauthorized disclosure or
compromise of classified national intelligence--
(A) as soon as practicable, but not later
than 7 days after the date on which the
Director becomes so aware, the Director shall
notify the congressional intelligence
committees of such actual or potential
disclosure or compromise; and
(B) in the case of an actual disclosure or
compromise, not later than 7 days after the
date on which the Director becomes so aware,
the Director or the head of any element of the
intelligence community from which the
significant unauthorized disclosure or
compromise originated shall initiate a damage
assessment consistent with the procedures set
forth in Intelligence Community Directive 732
(relating to the conduct of damage
assessments), or successor directive, with
respect to such disclosure or compromise.
(2) Contents of notification.--A notification
submitted to the congressional intelligence committees
under paragraph (1)(A) with respect to an actual or
potential significant unauthorized disclosure or
compromise of classified national intelligence shall
include--
(A) a summary of the facts and circumstances
of such disclosure or compromise;
(B) a summary of the contents of the national
intelligence revealed or potentially revealed,
as the case may be, by such disclosure or
compromise;
(C) an initial appraisal of the level of
actual or potential damage, as the case may be,
to the national security of the United States
as a result of such disclosure or compromise;
and
(D) in the case of an actual disclosure or
compromise, which elements of the intelligence
community will be involved in the damage
assessment conducted with respect to such
disclosure or compromise pursuant to paragraph
(1)(B).
(b) Damage Assessment Reporting Requirements.--
(1) Recurring reporting requirement.--Not later than
30 days after the date of the initiation of a damage
assessment pursuant to subsection (a)(1)(B), and every
90 days thereafter until the completion of the damage
assessment or upon the request of the congressional
intelligence committees, the [Director of National
Intelligence] Director of the National
Counterintelligence Center shall--
(A) submit to the congressional intelligence
committees copies of any documents or materials
disclosed as a result of the significant
unauthorized disclosure or compromise of the
classified national intelligence that is the
subject of the damage assessment; and
(B) provide to the congressional intelligence
committees a briefing on such documents and
materials and a status of the damage
assessment.
(2) Final damage assessment.--As soon as practicable
after completing a damage assessment pursuant to
subsection (a)(1)(B), the [Director of National
Intelligence] Director of the National
Counterintelligence Center shall submit the final
damage assessment to the congressional intelligence
committees.
(c) Notification of Referral to Department of Justice.--If a
referral is made to the Department of Justice from any element
of the intelligence community regarding a significant
unauthorized disclosure or compromise of classified national
intelligence under this section, the [Director of National
Intelligence] Director of the National Counterintelligence
Center shall notify the congressional intelligence committees
of the referral on the date such referral is made.
(d) Requirements for Federal Agencies.--
(1) In general.--The head of each department or
agency of the Federal Government shall--
(A) not later than 7 days after the head of
such department or agency becomes aware of any
actual or potential significant unauthorized
disclosure or compromise of classified national
intelligence, notify the Director of the
National Counterintelligence Center of such
disclosure or compromise; and
(B) not later than 30 days after the date on
which the Director of the National
Counterintelligence Center submits a request to
the head of such department or agency for
information the Director considers necessary to
carry out a damage assessment pursuant to this
section, provide the Director of the National
Counterintelligence Center such information.
(2) Notice of noncompliance.--Not later than 30 days
after the date on which the Director of the National
Counterintelligence Center determines the head of a
department or agency of the Federal Government has
violated the requirements of paragraph (1), the
Director shall notify the congressional intelligence
committees and the Inspector General of the
Intelligence Community of the violation.
(3) Notice of determination that only single element
is impacted.--Not later than 30 days after the head of
a department or agency of the Federal Government
determines that an actual or potential significant
unauthorized disclosure or compromise of classified
national intelligence impacts only that department or
agency, the head of such department or agency shall
provide to the Director of the National
Counterintelligence Center notice of that
determination.
(e) Semiannual Reports on Implementation.--On January 31 and
July 31 of each year, the Director of the National
Counterintelligence Center shall submit to the congressional
intelligence committees a report on actual or potential
significant unauthorized disclosures or compromises of
classified national intelligence. Each report shall include,
with respect to the half-year period ending on the December 31
or June 30 preceding the submission of the report,
respectively--
(1) an identification of any actual or potential
unauthorized disclosures or compromises that occurred
during the period covered by the report;
(2) the status of any action or dispensation with
respect to each unauthorized disclosure or compromise--
(A) identified in accordance with paragraph
(1); or
(B) for which notice and a description of the
final resolution has not been provided to the
congressional intelligence committees in a
report required by this subsection; and
(3) a description of any determinations by the
Director that an unauthorized disclosure or compromise
of classified national intelligence was not significant
for purposes of subsection (a)(1).
Subtitle C--National Counterintelligence Program
SEC. 421. NATIONAL COUNTERINTELLIGENCE PROGRAM.
(a) Establishment.--There is established within the National
Intelligence Program a National Counterintelligence Program
consisting of--
(1) all strategic counterintelligence activities,
programs, and projects of the National Intelligence
Program; and
(2) the activities, programs, and projects of the
National Counterintelligence Center.
(b) Budget.--The Director of the National Counterintelligence
Center, in consultation with the heads of the elements of the
intelligence community, shall develop and determine an annual
budget for the National Counterintelligence Program.
Subtitle D--Strategies, Reports, and Oversight
SEC. 431. NATIONAL COUNTERINTELLIGENCE OUTLOOK AND LONG-TERM STRATEGY
REPORT.
Not less than once every five years, the Director of the
National Counterintelligence Center shall submit to the
congressional intelligence committees a national
counterintelligence outlook and long-term strategy report. Such
report shall include--
(1) an overall forecast of the counterintelligence
outlook and long-term strategy for the United States;
(2) an explanation of the strategic context of the
outlook and strategy;
(3) an explanation of key drivers and trends of the
outlook and strategy;
(4) projected counterintelligence capabilities of the
United States and of adversary foreign entities;
(5) an identification of any risks or uncertainties
with respect to the outlook and strategy;
(6) an identification of metrics or indicators with
respect to the outlook and strategy; and
(7) any recommendations of the Director for policy
changes to meet future counterintelligence challenges.
SEC. 432. NATIONAL COUNTERINTELLIGENCE STRATEGY.
Not less than once every three years, the Director of the
National Counterintelligence Center shall submit to the
congressional intelligence committees a strategy to be known as
the ``National Counterintelligence Strategy''. Each National
Counterintelligence Strategy shall--
(1) align the counterintelligence activities of the
intelligence community toward the strategic priorities
of the United States;
(2) include a plan for implementing the strategy not
later than one year after the date of the submission of
the strategy; and
(3) include a plan for measuring the execution,
performance, and effectiveness of the strategy during
the two-year period beginning on the date on which the
strategy is implemented.
SEC. 433. NATIONAL THREAT IDENTIFICATION AND PRIORITIZATION ASSESSMENT.
Not less than once every three years, the Director of the
National Counterintelligence Center, in consultation with the
heads of appropriate department and agencies of the Federal
Government and private-sector entities, shall submit to the
congressional intelligence committees a strategic planning
assessment of the counterintelligence requirements of the
United States to be known as the ``National Threat
Identification and Prioritization Assessment''.
SEC. 434. ACTIVITIES OF THE NATIONAL COUNTERINTELLIGENCE TASK FORCE.
(a) Annual Report.--Not later than December 31 of each year,
the Director of the National Counterintelligence Center, acting
through the National Counterintelligence Task Force, shall
submit to the congressional intelligence committees a report
describing the activities of the Task Force during the
preceding fiscal year. Such report shall include--
(1) a description of counterintelligence campaigns
conducted during the period covered by the report; and
(2) a description of the efforts of the Task Force to
coordinate counterintelligence campaigns throughout the
Federal Government and the results of such efforts.
(b) Quarterly Briefing.--The Director of the National
Counterintelligence Center, acting through the National
Counterintelligence Task Force, shall provide to the
congressional intelligence committees a quarterly briefing on
the activities of the Task Force during the preceding quarter.
(c) Notice of Significant Vulnerabilities or Outcomes.--Not
later than 30 days after the Director of the National
Counterintelligence Center, acting through the National
Counterintelligence Task Force, identifies a significant
counterintelligence vulnerability or a significant outcome of a
counterintelligence activity, the Director shall submit to the
congressional intelligence committees notice and a description
of such vulnerability or such outcome.
TITLE V--ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES
* * * * * * *
specificity of national intelligence program budget amounts for
counterterrorism, counterproliferation, counternarcotics, and
counterintelligence; intelligence community drug control program budget
Sec. 506. (a) In General.--The budget justification materials
submitted to Congress in support of the budget of the President
for a fiscal year that is submitted to Congress under section
1105(a) of title 31, United States Code, shall set forth
separately the aggregate amount requested for that fiscal year
for the National Intelligence Program for each of the
following:
(1) Counterterrorism.
(2) Counterproliferation.
(3) Counternarcotics.
(4) [Counterintelligence] The National
Counterintelligence Program.
(5) With respect to fiscal years 2027 through 2029
and any additional fiscal years the Director of
National Intelligence considers appropriate, the
acquisition or use for intelligence purposes of
publicly available information (as defined in section
601 of the Intelligence Authorization Act for Fiscal
Year 2026), commercially available information (as
defined in such section), or any other open-source
information.
(b) Additional Information With Respect to Publicly Available
Information, Commercially Available Information, and Other
Open-source Information.--The budget justification materials
required by paragraph (5) of subsection (a) shall include--
(1) a summary of the primary activities and
investments that the amount requested is intended to
support;
(2) a disaggregation of such amount requested by
program, budget category, expenditure center or
subproject, and any other appropriate classification,
as determined by the Director of National Intelligence;
(3) a comparison of the amount requested for each
program for the fiscal year that is the subject of such
materials and the amount made available for such
program during the preceding fiscal year;
(4) the number of full-time equivalent civilian and
military personnel assigned to open-source intelligence
duties by program and across the intelligence
community; and
(5) such other information as the Director of
National Intelligence considers appropriate.
(c) Intelligence Community Drug Control Program Budget.--(1)
The Director of National Intelligence shall annually develop a
consolidated Intelligence Community Drug Control Program
Budget.
(2) Not later than 30 days after the date on which the
Director of National Intelligence submits to the congressional
intelligence committees the classified intelligence budget
justification materials for a fiscal year under section 506J,
the Director shall submit to such committees a summary of the
consolidated Intelligence Community Drug Control Program Budget
for that fiscal year. To the extent practicable, the Director
shall organize such summary in a similar manner as the National
Drug Control Program budget under section 704(c) of the Office
of National Drug Control Policy Reauthorization Act of 1998 (21
U.S.C. 1703(c)).
(3) Each summary under paragraph (2) shall include the
following:
(A) A certification by the Director stating that the
consolidated Intelligence Community Drug Control
Program Budget is designed to implement the
responsibilities of the intelligence community in
support of the counter-drug efforts of the United
States, as reflected in the National Drug Control
Strategy under section 706 of the Office of National
Drug Control Policy Reauthorization Act of 1998 (21
U.S.C. 1705) and the National Interdiction Command and
Control Plan under section 711(a)(4) of such Act (21
U.S.C. 1710(a)(4)).
(B) A description of the key accomplishments of the
intelligence community with respect to counternarcotics
during the fiscal year in which the summary is
submitted and the previous fiscal year.
(C) The total amounts requested for the National
Intelligence Program for counternarcotics for the
fiscal year covered by the summary and for the previous
fiscal year.
(D) Each of the total amounts under subparagraph (C),
disaggregated by each element of the intelligence
community at the expenditure center, project, and
subproject levels.
(E) Any other information the Director determines
appropriate to provide the congressional intelligence
committees with a consolidated, comprehensive, and
detailed understanding of the amounts, activities, and
purposes of the amounts requested for the National
Intelligence Program for counternarcotics for the
fiscal year covered by the summary.
(4) Each head of an element of the intelligence community
shall timely provide to the Director of National Intelligence
the information the Director requires to develop each summary
under paragraph (2).
[(b)] (d) Election of Classified or Unclassified Form.--
[Amounts set forth under subsection (a)] Information required
under this section may be set forth in unclassified form or
classified form, at the election of the Director of National
Intelligence.
* * * * * * *
dates for submittal of various annual and semiannual reports to the
congressional intelligence committees
Sec. 507. (a) Annual Reports.--The date for the submittal to
the congressional intelligence committees of the following
annual reports shall be the date each year provided in
subsection (c)(1):
(1) The annual report of the Inspectors General of
the intelligence community on proposed resources and
activities of their offices required by section 416(h)
of title 5, United States Code.
(2) The annual report on certifications for immunity
in interdiction of aircraft engaged in illicit drug
trafficking required by section 1012(c)(2) of the
National Defense Authorization Act for Fiscal Year 1995
(22 U.S.C. 2291-4(c)(2)).
(3) The annual report on activities under the David
L. Boren National Security Education Act of 1991 (title
VIII of Public Law 102-183; 50 U.S.C. 1901 et seq.)
required by section 806(a) of that Act (50 U.S.C.
1906(a)).
(4) The annual report on hiring and retention of
minority employees in the intelligence community
required by section 114(a).
[(5) The annual report on financial intelligence on
terrorist assets required by section 118.]
[(6)] (5) An annual report submitted under section
119C(d)(1).
(b) Semiannual Reports.--The dates for the submittal to the
congressional intelligence committees of the following
semiannual reports shall be the dates each year provided in
subsection (c)(2):
(1) The semiannual reports on decisions not to
prosecute certain violations of law under the
Classified Information Procedures Act (18 U.S.C. App.)
as required by section 13 of that Act.
(2) The semiannual reports on the disclosure of
information and consumer reports to the Federal Bureau
of Investigation for counterintelligence purposes
required by section 624(h)(2) of the Fair Credit
Reporting Act (15 U.S.C. 1681u(h)(2)).
(3) The semiannual provision of information on
requests for financial information for foreign
counterintelligence purposes required by section
1114(a)(5)(C) of the Right to Financial Privacy Act of
1978 (12 U.S.C. 3414(a)(5)(C)).
(c) Submittal Dates for Reports.--(1) Except as provided in
subsection (d), each annual report listed in subsection (a)
shall be submitted not later than February 1.
(2) Except as provided in subsection (d), each semiannual
report listed in subsection (b) shall be submitted not later
than February 1 and August 1.
(d) Postponement of Submittal.--(1) Subject to paragraph (3),
the date for the submittal of--
(A) an annual report listed in subsection (a) may be
postponed until March 1; and
(B) a semiannual report listed in subsection (b) may
be postponed until March 1 or September 1, as the case
may be,
if the official required to submit such report submits to the
congressional intelligence committees a written notification of
such postponement.
(2)(A) Notwithstanding any other provision of law and subject
to paragraph (3), the date for the submittal to the
congressional intelligence committees of any report described
in subparagraph (B) may be postponed by not more than 30 days
from the date otherwise specified in the provision of law for
the submittal of such report if the official required to submit
such report submits to the congressional intelligence
committees a written notification of such postponement.
(B) A report described in this subparagraph is any report on
intelligence or intelligence-related activities of the United
States Government that is submitted under a provision of law
requiring the submittal of only a single report.
(3)(A) The date for the submittal of a report whose submittal
is postponed under paragraph (1) or (2) may be postponed beyond
the time provided for the submittal of such report under such
paragraph if the official required to submit such report
submits to the congressional intelligence committees a written
certification that preparation and submittal of such report at
such time will impede the work of officers or employees of the
intelligence community in a manner that will be detrimental to
the national security of the United States.
(B) A certification with respect to a report under
subparagraph (A) shall include a proposed submittal date for
such report, and such report shall be submitted not later than
that date.
* * * * * * *
SEC. 517. NOTICE OF IMPACT OF DIPLOMATIC AND CONSULAR POST CLOSINGS ON
INTELLIGENCE ACTIVITIES.
(a) Notice Required.--Not later than 30 days after a covered
closure of a diplomatic or consular post, the Director of
National Intelligence, in consultation with the heads of the
other appropriate elements of the intelligence community as
determined by the Director, shall submit to the congressional
intelligence committees a notice describing the impact of the
closure on the activities of the intelligence community. Such
notice shall include--
(1) a description of the impact, if any, of the
closure on the activities or interests of the
intelligence community;
(2) a plan to mitigate any adverse impacts to such
elements caused by such closure; and
(3) a description of whether, and the extent to
which, the Director and the heads of the other
appropriate elements of the intelligence community--
(A) were consulted in the decision-making
process with respect to such closure; and
(B) registered any concerns with or
objections to such closure.
(b) Covered Closure of a Diplomatic or Consular Post
Defined.--In this section, the term ``covered closure of a
diplomatic or consular post'' means the closure of a United
States diplomatic or consular post abroad that--
(1) is anticipated to last for 60 days or longer; or
(2) has lasted for 60 days or longer.
SEC. 518. NOTICE OF COUNTERINTELLIGENCE ASSESSMENTS AND INVESTIGATIONS
OF FEDERAL CANDIDATES OR OFFICEHOLDERS.
(a) Notice.--
(1) Notice required.--Except as provided in paragraph
(3), the Director of the Federal Bureau of
Investigation shall submit to congressional leadership,
the congressional intelligence committees, and the
chairmen and ranking minority members of the Committees
on the Judiciary of the House of Representatives and
the Senate notice of each counterintelligence
assessment or investigation of an individual who is--
(A) a candidate for Federal office;
(B) a holder of Federal office; or
(C) a covered congressional employee.
(2) Contents.--The notice required under paragraph
(1) shall include--
(A) a summary of the relevant facts
associated with the counterintelligence
assessment or investigation; and
(B) the identity of such individual.
(3) Exception.--The Director may refrain from
providing a notice under paragraph (1) to an individual
who is otherwise a recipient of notices under such
paragraph if that individual is a target of the
counterintelligence assessment or investigation covered
by the notice.
(b) Timing.--The Director shall submit each notice under
subsection (a) not later than 5 days after the date of the
commencement of the counterintelligence assessment or
investigation that is the subject of such notice. With respect
to counterintelligence assessments or investigations that
commenced before the date of the enactment of this section and
are ongoing as of such date of enactment, the Director shall
submit each notice under subsection (a) not later than 5 days
after such date of enactment.
(c) Identification of Covered Congressional Employees.--
(1) Lists.--The Director may use the lists provided
under paragraph (2) to determine whether an individual
is a covered congressional employee.
(2) Provision of lists.--The Secretary of the Senate
and the Clerk of the House of Representatives shall,
not less than semiannually, each provide to the head of
each element of the intelligence community a list of
covered congressional employees of the Senate and the
House of Representatives, respectively.
(3) Known congressional employees.--Notwithstanding
the lack of inclusion of a person on a list provided
under paragraph (2), if a person that is subject to a
counterintelligence assessment or investigation is
known to the Federal Bureau of Investigation to be a
covered congressional employee at the time of such
counterintelligence assessment or investigation, the
Director shall carry out this section as required when
the subject of a counterintelligence assessment or
investigation is a covered congressional employee.
(d) Definitions.--In this section:
(1) Candidate; federal office.--The terms
``candidate'' and ``Federal office'' have the meanings
given those terms in section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101).
(2) Covered congressional employee.--The term
``covered congressional employee'' means an employee or
officer of--
(A) the Senate or the House of
Representatives;
(B) a Senator or a Representative in, or
Delegate or Resident Commissioner to, Congress;
or
(C) a committee of the Senate or House of
Representatives, or a joint committee of the
Senate and House of Representatives.
* * * * * * *
TITLE X--EDUCATION IN SUPPORT OF NATIONAL
INTELLIGENCE
* * * * * * *
Subtitle C--Additional Education Provisions
* * * * * * *
SEC. 1025. AUTHORIZATION OF SUPPORT BY DIRECTOR OF NATIONAL
INTELLIGENCE FOR CERTAIN WORKFORCE ACTIVITIES.
(a) Authorization.--The Director may, with or without
reimbursement, obligate or expend amounts authorized to be
appropriated or otherwise made available for the Office of the
Director of National Intelligence for covered workforce
activities for the purpose of supporting a covered workforce
activity of an element of the intelligence community.
(b) Notification.--Not later than 30 days after the date on
which the Director exercises the authority in subsection (a),
the Director shall submit to the congressional intelligence
committees and the Committees on Appropriations of the House of
Representatives and the Senate written notification of such
exercise.
(c) Covered Workforce Activity Defined.--In this section, the
term ``covered workforce activity'' means an activity relating
[to--]
[(1) recruitment or retention of the intelligence
community workforce; or]
[(2) diversity, equality, inclusion, or
accessibility, with respect to such workforce.] to the
recruitment or retention of the intelligence community
workforce.
Subtitle D--National Intelligence University
* * * * * * *
[SEC. 1033. REPORTING.
[(a) In General.--Not less frequently than once each year,
the Director of National Intelligence shall submit to the
congressional intelligence committees a plan for employing
professors, instructors, and lecturers at the National
Intelligence University.
[(b) Elements.--Each plan submitted under subsection (a)
shall include the following:
[(1) The total number of proposed personnel to be
employed at the National Intelligence University.
[(2) The total annual compensation to be provided the
personnel described in paragraph (1).
[(3) Such other matters as the Director considers
appropriate.
[(c) Form of Submittal.--Each plan submitted by the Director
to the congressional intelligence committees under subsection
(a) shall be submitted as part of another annual submission
from the Director to the congressional intelligence committees.
]
SEC. [1034.] 1033. CONTINUED APPLICABILITY OF THE FEDERAL ADVISORY
COMMITTEE ACT TO THE BOARD OF VISITORS.
The Federal Advisory Committee Act (5 U.S.C. App.) shall
continue to apply to the Board of Visitors of the National
Intelligence University on and after the transfer date.
Sec. [1035.] 1034. National Intelligence University acceptance of
grants
(a) Authority.--The Director of National Intelligence may
authorize the President of the National Intelligence University
to accept qualifying research grants.
(b) Qualifying Grants.--A qualifying research grant under
this section is a grant that is awarded on a competitive basis
by an entity referred to in subsection (c) for a research
project with a scientific, literary, or educational purpose.
(c) Entities From Which Grants May Be Accepted.--A qualifying
research grant may be accepted under this section only from a
Federal agency or from a corporation, fund, foundation,
educational institution, or similar entity that is organized
and operated primarily for scientific, literary, or educational
purposes.
(d) Administration of Grant Funds.--
(1) Establishment of account.--The Director shall
establish an account for administering funds received
as qualifying research grants under this section.
(2) Use of funds.--The President of the University
shall use the funds in the account established pursuant
to paragraph (1) in accordance with applicable
provisions of the regulations and the terms and
conditions of the grants received.
(e) Related Expenses.--Subject to such limitations as may be
provided in appropriations Acts, appropriations available for
the National Intelligence University may be used to pay
expenses incurred by the University in applying for, and
otherwise pursuing, the award of qualifying research grants.
(f) Regulations.--The Director of National Intelligence shall
prescribe regulations for the administration of this section.
* * * * * * *
TITLE XI--ADDITIONAL MISCELLANEOUS PROVISIONS
* * * * * * *
SEC. 1102A. MEASURES TO MITIGATE COUNTERINTELLIGENCE THREATS FROM
PROLIFERATION AND USE OF FOREIGN COMMERCIAL SPYWARE.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Select Committee on Intelligence, the
Committee on Foreign Relations, the Committee
on Armed Services, the Committee on Banking,
Housing, and Urban Affairs, the Committee on
the Judiciary, the Committee on Appropriations,
and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Permanent Select Committee on
Intelligence, the Committee on Foreign Affairs,
the Committee on Armed Services, the Committee
on Financial Services, the Committee on the
Judiciary, the Committee on Appropriations, the
Committee on Homeland Security, and the
Committee on Oversight and Reform of the House
of Representatives.
(2) Covered entity.--The term ``covered entity''
means any foreign company that either directly or
indirectly develops, maintains, owns, operates,
brokers, markets, sells, leases, licenses, or otherwise
makes available spyware.
(3) Foreign commercial spyware.--The term ``foreign
commercial spyware'' means spyware that is developed
(solely or in partnership with a foreign company),
maintained, sold, leased, licensed, marketed, sourced
(in whole or in part), or otherwise provided, either
directly or indirectly, by a foreign company.
(4) Foreign company.--The term ``foreign company''
means a company that is incorporated or domiciled
outside of the United States, including any
subsidiaries or affiliates wherever such subsidiaries
or affiliates are domiciled or incorporated.
(5) Spyware.--The term ``spyware'' means a tool or
set of tools that operate as an end-to-end system of
software to provide an unauthorized user remote access
to information stored on or transiting through an
electronic device connected to the Internet and not
owned or operated by the unauthorized user, including
end-to-end systems that--
(A) allow an unauthorized user to remotely
infect electronic devices with malicious
software, including without any action required
by the user of the device;
(B) can record telecommunications or other
audio captured on a device not owned by the
unauthorized user;
(C) undertake geolocation, collect cell site
location information, or otherwise track the
location of a device or person using the
internal sensors of an electronic device not
owned by the unauthorized user;
(D) allow an unauthorized user access to and
the ability to retrieve information on the
electronic device, including text messages,
files, e-mails, transcripts of chats, contacts,
photos, and browsing history; or
(E) any additional criteria described in
publicly available documents published by the
Director of National Intelligence, such as
whether the end-to-end system is used outside
the context of a codified lawful intercept
system.
(b) Annual assessments of counterintelligence threats.--
(1) Requirement.--Not later than 90 days after the
enactment of the Intelligence Authorization Act for
Fiscal Year 2023, and annually thereafter for five
years, the Director of National Intelligence, in
coordination with the Director of the Central
Intelligence Agency, the Director of the National
Security Agency, and the Director of the Federal Bureau
of Investigation, shall submit to the appropriate
congressional committees a report with an accompanying
classified annex containing an assessment of the
counterintelligence threats and other risks to the
national security of the United States posed by the
proliferation of foreign commercial spyware. The
assessment shall incorporate all credible data,
including open-source information.
(2) Elements.--Each report under paragraph (1) shall
include the following, if known:
(A) A list of the most significant covered
entities.
(B) A description of the foreign commercial
spyware marketed by the covered entities
identified under subparagraph (A) and an
assessment by the intelligence community of the
foreign commercial spyware.
(C) An assessment of the counterintelligence
risk to the intelligence community or personnel
of the intelligence community posed by foreign
commercial spyware.
(D) For each covered entity identified in
subparagraph (A), details of any subsidiaries,
resellers, or other agents acting on behalf of
the covered entity.
(E) Details of where each covered entity
identified under subparagraphs (A) and (D) is
domiciled.
(F) A description of how each covered entity
identified under subparagraphs (A) and (D) is
financed, where the covered entity acquired its
capital, and the organizations and individuals
having substantial investments or other
equities in the covered entity.
(G) An assessment by the intelligence
community of any relationship between each
covered entity identified in subparagraphs (A)
and (D) and any foreign government, including
any export controls and processes to which the
covered entity is subject.
(H) A list of the foreign customers of each
covered entity identified in subparagraphs (A)
and (D), including the understanding by the
intelligence community of the organizations and
end-users within any foreign government.
(I) With respect to each foreign customer
identified under subparagraph (H), an
assessment by the intelligence community
regarding how the foreign customer is using the
spyware, including whether the foreign customer
has targeted personnel of the intelligence
community.
(J) With respect to the first report required
under paragraph (1), a mitigation plan to
reduce the exposure of personnel of the
intelligence community to foreign commercial
spyware.
(K) With respect to each report following the
first report required under paragraph (1),
details of steps taken by the intelligence
community since the previous report to
implement measures to reduce the exposure of
personnel of the intelligence community to
foreign commercial spyware.
(3) Classified annex.--In submitting the report under
paragraph (1), the Director shall also include an
accompanying but separate classified annex, providing a
watchlist of companies selling, leasing, or otherwise
providing foreign commercial spyware that the Director
determines are engaged in activities that pose a
counterintelligence risk to personnel of the
intelligence community.
(4) Form.--Each report under paragraph (1) shall be
submitted in classified form.
(5) Dissemination.--The Director of National
Intelligence shall separately distribute each report
under paragraph (1) and each annex under paragraph (3)
to the President, the heads of all elements of the
intelligence community, the Secretary of State, the
Attorney General, the Secretary of Commerce, the
Secretary of Homeland Security, the National Cyber
Director, and the heads of any other departments or
agencies the Director of National Intelligence
determines appropriate.
(c) Authority to prohibit purchase or use by intelligence
community.--
(1) Foreign commercial spyware.--
(A) In general.--The Director of National
Intelligence may prohibit any element of the
intelligence community from procuring, leasing,
or otherwise acquiring on the commercial
market, or extending or renewing a contract to
procure, lease, or otherwise acquire, foreign
commercial spyware.
(B) Considerations.--In determining whether
and how to exercise the authority under
subparagraph (A), the Director of National
Intelligence shall consider--
(i) the assessment of the
intelligence community of the
counterintelligence threats or other
risks to the United States posed by
foreign commercial spyware;
(ii) the assessment of the
intelligence community of whether the
foreign commercial spyware has been
used to target United States Government
personnel;
(iii) whether the original owner or
developer retains any of the physical
property or intellectual property
associated with the foreign commercial
spyware;
(iv) whether the original owner or
developer has verifiably destroyed all
copies of the data collected by or
associated with the foreign commercial
spyware;
(v) whether the personnel of the
original owner or developer retain any
access to data collected by or
associated with the foreign commercial
spyware;
(vi) whether the use of the foreign
commercial spyware requires the user to
connect to an information system of the
original owner or developer or
information system of a foreign
government; and
(vii) whether the foreign commercial
spyware poses a counterintelligence
risk to the United States or any other
threat to the national security of the
United States.
(2) Company that has acquired foreign commercial
spyware.--
(A) Authority.--The Director of National
Intelligence may prohibit any element of the
intelligence community from entering into any
contract or other agreement for any purpose
with a company that has acquired, in whole or
in part, any foreign commercial spyware.
(B) Considerations.--In considering whether
and how to exercise the authority under
subparagraph (A), the Director of National
Intelligence shall consider--
(i) whether the original owner or
developer of the foreign commercial
spyware retains any of the physical
property or intellectual property
associated with the spyware;
(ii) whether the original owner or
developer of the foreign commercial
spyware has verifiably destroyed all
data, and any copies thereof, collected
by or associated with the spyware;
(iii) whether the personnel of the
original owner or developer of the
foreign commercial spyware retain any
access to data collected by or
associated with the foreign commercial
spyware;
(iv) whether the use of the foreign
commercial spyware requires the user to
connect to an information system of the
original owner or developer or
information system of a foreign
government; and
(v) whether the foreign commercial
spyware poses a counterintelligence
risk to the United States or any other
threat to the national security of the
United States.
(3) Notifications of prohibition.--Not later than 30
days after the date on which the Director of National
Intelligence exercises the authority to issue a
prohibition under subsection (c), the Director of
National Intelligence shall notify the congressional
intelligence committees of such exercise of authority.
Such notice shall include--
(A) a description of the circumstances under
which the prohibition was issued;
(B) an identification of the company or
product covered by the prohibition;
(C) any information that contributed to the
decision of the Director of National
Intelligence to exercise the authority,
including any information relating to
counterintelligence or other risks to the
national security of the United States posed by
the company or product, as assessed by the
intelligence community; and
(D) an identification of each element of the
intelligence community to which the prohibition
has been applied.
(4) Waiver authority.--
(A) In general.--The head of an element of
the intelligence community may request from the
Director of National Intelligence the waiver of
a prohibition made under paragraph (1) or (2).
(B) Director of National Intelligence
determination.--The Director of National
Intelligence, upon receiving the waiver request
in subparagraph (A), may issue a waiver for a
period not to exceed one year in response to
the request from the head of an element of the
intelligence community if such waiver is in the
national security interest of the United
States.
(C) Notice.--Not later than 30 days after
approving a waiver request pursuant to
subparagraph (B), the Director of National
Intelligence shall submit to the congressional
intelligence committees, the Subcommittee on
Defense of the Committee on Appropriations of
the Senate, and the Subcommittee on Defense of
the Committee on Appropriations of the House of
Representatives a written notification. The
notification shall include--
(i) an identification of the head of
the element of the intelligence
community that requested the waiver;
(ii) the details of the waiver
request, including the national
security interests of the United
States;
(iii) the rationale and basis for the
determination that the waiver is in the
national security interests of the
United States;
(iv) the considerations that informed
the ultimate determination of the
Director of National Intelligence to
issue the waiver; and
(v) and any other considerations
contributing to the determination, made
by the Director of National
Intelligence.
(D) Waiver termination.--The Director of
National Intelligence may revoke a previously
granted waiver at any time. Upon revocation of
a waiver, the Director of National Intelligence
shall submit a written notification to the
congressional intelligence committees, the
Subcommittee on Defense of the Committee on
Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives
not later than 30 days after making a
revocation determination.
(5) Termination of prohibition.--The Director of
National Intelligence may terminate a prohibition made
under paragraph (1) or (2) at any time. Upon
termination of a prohibition, the Director of National
Intelligence shall submit a notification of the
termination to the congressional intelligence
committees, the Subcommittee on Defense of the
Committee on Appropriations of the Senate, and the
Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives not
later than 30 days after terminating a prohibition,
detailing the basis for the termination, including any
United States national security interests that may be
affected by such termination.
* * * * * * *
SEC. 1107. ANNUAL REPORTS ON INFLUENCE OPERATIONS AND CAMPAIGNS IN THE
UNITED STATES BY THE CHINESE COMMUNIST PARTY.
(a) Requirement.--On an annual basis, consistent with the
protection of intelligence sources and methods, the Director of
the [National Counterintelligence and Security Center] National
Counterintelligence Center shall submit to the congressional
intelligence committees, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on Foreign
Relations of the Senate a report on the influence operations
and campaigns in the United States conducted by the Chinese
Communist Party.
(b) Contents.--Each report under subsection (a) shall include
the following:
(1) A description of the organization of the United
Front Work Department of the People's Republic of
China, or the successors of the United Front Work
Department, and the links between the United Front Work
Department and the Central Committee of the Chinese
Communist Party.
(2) An assessment of the degree to which
organizations that are associated with or receive
funding from the United Front Work Department,
particularly such entities operating in the United
States, are formally tasked by the Chinese Communist
Party or the Government of China.
(3) A description of the efforts by the United Front
Work Department and subsidiary organizations of the
United Front Work Department to target, coerce, and
influence foreign populations, particularly those of
ethnic Chinese descent.
(4) An assessment of attempts by the Chinese Embassy,
consulates, and organizations affiliated with the
Chinese Communist Party (including, at a minimum, the
United Front Work Department) to influence the United
States-based Chinese Student Scholar Associations.
(5) A description of the evolution of the role of the
United Front Work Department under the leadership of
the President of China.
(6) An assessment of the activities of the United
Front Work Department designed to influence the
opinions of elected leaders of the United States, or
candidates for elections in the United States, with
respect to issues of importance to the Chinese
Communist Party.
(7) A listing of all known organizations affiliated
with the United Front Work Department that are
operating in the United States as of the date of the
report.
(8) An identification of influence activities and
operations employed by the Chinese Communist Party
against the United States science and technology
sectors, specifically employees of the United States
Government, researchers, scientists, and students in
the science and technology sector in the United States.
(9) A listing of all known Chinese talent recruitment
programs operating in the United States as of the date
of the report.
(10) With respect to reports submitted after the
first report, an assessment of the change in goals,
tactics, techniques, and procedures of the influence
operations and campaigns conducted by the Chinese
Communist Party.
(c) Coordination.--In carrying out subsection (a), the
Director shall coordinate with the Director of the Federal
Bureau of Investigation, the Director of the Central
Intelligence Agency, the Director of the National Security
Agency, and any other relevant head of an element of the
intelligence community.
(d) Form.--Each report submitted under subsection (a) shall
be submitted in unclassified form, but may include a classified
annex.
* * * * * * *
SEC. 1107B. NET ASSESSMENTS OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) Net Assessments Required.--The Director of National
Intelligence, acting jointly through the National Intelligence
Council and the National Intelligence Management Council and in
consultation with the heads of the other elements of the
intelligence community, shall conduct and regularly update net
assessments of the economic, technological, financial, trade,
industrial, and diplomatic power of the People's Republic of
China in comparison to the United States and the national
security implications of the activities of the People's
Republic of China in those areas.
(b) Source Information.--In conducting and updating net
assessments under subsection (a), the Director of National
Intelligence shall use--
(1) open-source information with respect to the
portion of the assessment relating to the United
States; and
(2) all-source information with respect to the
portion of the assessment relating to the People's
Republic of China.
(c) Availability.--The Director of National Intelligence
shall, consistent with the protection of sources and methods,
make net assessments required under this section readily
available and accessible to other departments and agencies of
the Federal Government and to the congressional intelligence
committees.
SEC. 1108. ANNUAL REPORTS ON INFLUENCE OPERATIONS AND CAMPAIGNS IN THE
UNITED STATES BY THE RUSSIAN FEDERATION.
(a) Requirement.--On an annual basis, the Director of the
[National Counterintelligence and Security Center] National
Counterintelligence Center shall submit to the congressional
intelligence committees a report on the influence operations
and campaigns in the United States conducted by the Russian
Federation.
(b) Contents.--Each report under subsection (a) shall include
the following:
(1) A description and listing of the Russian
organizations and persons involved in influence
operations and campaigns operating in the United States
as of the date of the report.
(2) An assessment of organizations that are
associated with or receive funding from organizations
and persons identified in paragraph (1), particularly
such entities operating in the United States.
(3) A description of the efforts by the organizations
and persons identified in paragraph (1) to target,
coerce, and influence populations within the United
States.
(4) An assessment of the activities of the
organizations and persons identified in paragraph (1)
designed to influence the opinions of elected leaders
of the United States or candidates for election in the
United States.
(5) With respect to reports submitted after the first
report, an assessment of the change in goals, tactics,
techniques, and procedures of the influence operations
and campaigns conducted by the organizations and
persons identified in paragraph (1).
(c) Coordination.--In carrying out subsection (a), the
Director shall coordinate with the Director of the Federal
Bureau of Investigation, the Director of the Central
Intelligence Agency, the Director of the National Security
Agency, and any other relevant head of an element of the
intelligence community.
(d) Form.--Each report submitted under subsection (a) shall
be submitted in unclassified form, but may include a classified
annex.
* * * * * * *
[SEC. 1110. REPORT ON BEST PRACTICES TO PROTECT PRIVACY, CIVIL
LIBERTIES, AND CIVIL RIGHTS OF CHINESE AMERICANS.
[(a) Sense of Congress.--It is the sense of Congress that--
[(1) the People's Republic of China appears to be
specifically targeting the Chinese-American community
for intelligence purposes;
[(2) such targeting carries a substantial risk that
the loyalty of such Americans may be generally
questioned and lead to unacceptable stereotyping,
targeting, and racial profiling;
[(3) the United States Government has a duty to warn
and protect all Americans including those of Chinese
descent from these intelligence efforts by the People's
Republic of China;
[(4) the broad stereotyping, targeting, and racial
profiling of Americans of Chinese descent is contrary
to the values of the United States and reinforces the
flawed narrative perpetuated by the People's Republic
of China that ethnically Chinese individuals worldwide
have a duty to support the People's Republic of China;
and
[(5) the United States efforts to combat the People's
Republic of China's intelligence activities should
actively safeguard and promote the constitutional
rights of all Chinese Americans.
[(b) Report.--On an annual basis, the Director of National
Intelligence, acting through the Office of Civil Liberties,
Privacy, and Transparency, in coordination with the civil
liberties and privacy officers of the elements of the
intelligence community, shall submit a report to the
congressional intelligence committees containing--
[(1) a review of how the policies, procedures, and
practices of the intelligence community that govern the
intelligence activities and operations targeting the
People's Republic of China affect policies, procedures,
and practices relating to the privacy, civil liberties,
and civil rights of Americans of Chinese descent who
may be targets of espionage and influence operations by
China; and
[(2) recommendations to ensure that the privacy,
civil liberties, and civil rights of Americans of
Chinese descent are sufficiently protected.
[(c) Form.--The report under subsection (b) shall be
submitted in unclassified form, but may include a classified
annex.]
* * * * * * *
SEC. 1115. PROHIBITION ON USE OF DEEPSEEK ON INTELLIGENCE COMMUNITY
SYSTEMS.
(a) Prohibition.--The Director of National Intelligence, in
consultation with the other heads of the elements of the
intelligence community, shall develop standards and guidelines
for elements of the intelligence community that require the
removal of any covered application from national security
systems operated by an element of the intelligence community, a
contractor to an element of the intelligence community, or
another entity on behalf of an element of the intelligence
community.
(b) Applicability of Information Security Requirements.--The
standards and guidelines developed under subsection (a) shall
be consistent with the information security requirements under
subchapter II of chapter 35 of title 44, United States Code.
(c) National Security and Research Exceptions.--The standards
and guidelines developed under subsection (a) shall include--
(1) exceptions for national security purposes and
research activities; and
(2) risk mitigation standards and guidelines that
shall apply in the case of an exception described in
paragraph (1).
(d) Definitions.--In this section:
(1) Covered application.--The term ``covered
application'' means the DeepSeek application or any
successor application or service developed or provided
by High Flyer or any successor entity.
(2) National security system.--The term ``national
security system'' has the meaning given the term in
section 3552 of title 44, United States Code.
SEC. 1116. KNOWLEDGE MANAGEMENT SYSTEM FOR INTERNATIONAL CARTELS AND
OTHER TRANSNATIONAL CRIMINAL ORGANIZATIONS.
(a) Requirement for Knowledge Management System.--The
Director of National Intelligence, in consultation with the
Attorney General, shall ensure that the intelligence
community--
(1) makes use of the Transnational Organized Crime
Identity Intelligence Platform or a successor knowledge
management system to enable and enhance information
management, information sharing, analysis, and
collaboration across the intelligence community and
between the intelligence community and Federal law
enforcement agencies related to international cartels
and other transnational criminal organizations; and
(2) provides all terrorism information (as defined in
section 1016(a) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485(a))) to
the National Counterterrorism Center, including
terrorism information related to international cartels
and other transnational criminal organizations
designated as foreign terrorist organizations under
section 219 of the Immigration and Nationality Act (8
U.S.C. 1189) or as a Specially Designated Global
Terrorist under Executive Order 13224 (50 U.S.C. 1701
note) or any successor Executive order.
(b) Procedures.--The Director of National Intelligence and
the Attorney General shall each or jointly, as appropriate,
issue procedures for collecting, storing, accessing, and
disseminating data under the system described in subsection
(a), including with respect to the organization of such data
and security requirements for accessing such data. Such
procedures shall be designed to encourage collaboration between
elements of the intelligence community and between elements of
the intelligence community and Federal law enforcement agencies
with respect to international cartels and other transnational
criminal organizations, including foreign terrorist
organizations designated under section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189) and persons or entities
designated as a Specially Designated Global Terrorist under
Executive Order 13224 (50 U.S.C. 1701 note) or any successor
Executive order.
(c) Intelligence Community Input.--The head of each element
of the intelligence community shall--
(1) input all data described in subsection (a)(1) in
the possession of such element into the system
described in such subsection in accordance with the
procedures established under subsection (b); and
(2) share all terrorism information described in
subsection (a)(2) in the possession of such element
with the National Counterterrorism Center.
(d) Briefings.--Not later than June 30 and December 31 of
each year through 2028, the Director of National Intelligence
and the Attorney General shall jointly provide to the
congressional intelligence committees a briefing on the
implementation of this section. Such briefing shall include--
(1) the opinions of the Director and the Attorney
General as to the effectiveness of the knowledge
management system required under subsection (a);
(2) a description of any challenges identified by the
Director or the Attorney General with the knowledge
management system required under subsection (a);
(3) an indication of the level of compliance of each
element of the intelligence community with the
requirements of this section; and
(4) an assessment of the level of participation in
the knowledge management system of Federal law
enforcement agencies.
SEC. 1117. STANDARDIZATION OF TRAINING ON COLLECTION OF PUBLICLY
AVAILABLE INFORMATION AND COMMERCIALLY AVAILABLE
INFORMATION.
(a) Establishment of Training Course.--Not later than one
year after the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2026, the official designated
under section 125(a)(1) to be responsible for subparagraph (A)
of such section, in consultation with the heads of the elements
of the intelligence community, shall establish a training
course on the collection of publicly available information and
commercially available information for intelligence purposes.
(b) Completion of Course Required.--
(1) In general.--The head of each element of the
intelligence community shall require all personnel of
such element whose duties include collection of
publicly available information or commercially
available information for intelligence purposes to
satisfactorily complete the training course established
under subsection (a). The head of each such element
shall require the completion of such course--
(A) with respect to personnel of such element
who are serving as such personnel on the date
on which such training course is established,
not later than 180 days after such date; and
(B) with respect to individuals who begin
service as personnel of such element after the
date on which such training course is
established, not later than 90 days after
beginning such service.
(2) Completion transferrable.--Subject to subsection
(c), completion of the training course established
under subsection (a) while serving in any element of
the intelligence community shall satisfy the
requirement under paragraph (1) with respect to service
in any other element of the intelligence community or
in the same element of the intelligence community after
a break in service.
(c) Additional Training.--The head of each element of the
intelligence community may require personnel of such element to
complete training in collection or analysis of open-source
intelligence that is in addition to the training course
required under subsection (a) as the head of such element
considers appropriate to support the mission of such element,
including requiring recurring completion of such training
course.
(d) Definitions.--In this section, the terms ``commercially
available information'', ``open-source intelligence'', and
``publicly available information'' have the meaning given those
terms in section 601 of the Intelligence Authorization Act for
Fiscal Year 2026.
SEC. 1118. REQUIREMENT TO PURGE INCIDENTALLY COLLECTED PUBLICLY
AVAILABLE INFORMATION OR COMMERCIALLY AVAILABLE
INFORMATION RELATING TO UNITED STATES PERSONS.
(a) Requirement to Purge.--The head of each element of the
intelligence community shall purge from such element any
publicly available information or commercially available
information relating to a United States person that is
incidentally collected by such element.
(b) Definitions.--In this section:
(1) Commercially available information.--The term
``commercially available information'' has the meaning
given the term in section 601 of the Intelligence
Authorization Act for Fiscal Year 2026.
(2) Publicly available information.--The term
``publicly available information'' has the meaning
given the term in section 601 of the Intelligence
Authorization Act for Fiscal Year 2026.
(3) United states person.--The term ``United States
person'' has the meaning given the term in section
105A.
TITLE XII--INTELLIGENCE COMMUNITY WORKFORCE MATTERS
SEC. [1104.] 1201. PROHIBITED PERSONNEL PRACTICES IN THE INTELLIGENCE
COMMUNITY.
(a) Definitions.--In this section:
(1) Agency.--The term ``agency'' means an executive
department or independent establishment, as defined
under sections 101 and 104 of title 5, United States
Code, that contains an intelligence community element,
except the Federal Bureau of Investigation.
(2) Covered intelligence community element.--The term
``covered intelligence community element''--
(A) means--
(i) the Central Intelligence Agency,
the Defense Intelligence Agency, the
National Geospatial-Intelligence
Agency, the National Security Agency,
the Office of the Director of National
Intelligence, and the National
Reconnaissance Office; and
(ii) any executive agency or unit
thereof determined by the President
under section 2302(a)(2)(C)(ii) of
title 5, United States Code, to have as
its principal function the conduct of
foreign intelligence or
counterintelligence activities; and
(B) does not include the Federal Bureau of
Investigation.
(3) Personnel action.--The term ``personnel action''
means, with respect to an employee in a position in a
covered intelligence community element (other than a
position excepted from the competitive service due to
its confidential, policy-determining, policymaking, or
policy-advocating character) or a contractor employee--
(A) an appointment;
(B) a promotion;
(C) a disciplinary or corrective action;
(D) a detail, transfer, or reassignment;
(E) a demotion, suspension, or termination;
(F) a reinstatement or restoration;
(G) a performance evaluation;
(H) a decision concerning pay, benefits, or
awards;
(I) a decision concerning education or
training if such education or training may
reasonably be expected to lead to an
appointment, promotion, or performance
evaluation; or
(J) any other significant change in duties,
responsibilities, or working conditions.
(4) Contractor employee.--The term ``contractor
employee'' means an employee of a contractor,
subcontractor, grantee, subgrantee, or personal
services contractor, of a covered intelligence
community element.
(b) Agency Employees.--Any employee of a covered intelligence
community element or an agency 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 with respect to any employee of a covered intelligence
community element as a reprisal for--
(1) any lawful disclosure of information by the
employee to the Director of National Intelligence (or
an employee designated by the Director of National
Intelligence for such purpose), the Inspector General
of the Intelligence Community, a supervisor in the
employee's direct chain of command, or a supervisor of
the employing agency with responsibility for the
subject matter of the disclosure, up to and including
the head of the employing agency (or an employee
designated by the head of that agency for such
purpose), the appropriate inspector general of the
employing agency or covered intelligence community
element, a congressional intelligence committee, or a
member of a congressional intelligence committee, which
the employee reasonably believes evidences--
(A) a violation of any Federal law, rule, or
regulation; or
(B) mismanagement, a gross waste of funds, an
abuse of authority, or a substantial and
specific danger to public health or safety;
(2) any lawful disclosure that complies with--
(A) subsections (b)(1), (e), and (h) of
section 416 of title 5, United States Code;
(B) subparagraphs (A), (D), and (H) of
section 17(d)(5) of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 3517(d)(5)); or
(C) subparagraphs (A), (D), and (I) of
section 103H(k)(5); or
(3) if the actions do not result in the employee
unlawfully disclosing information specifically required
by Executive order to be kept classified in the
interest of national defense or the conduct of foreign
affairs, any lawful disclosure in conjunction with--
(A) the exercise of any appeal, complaint, or
grievance right granted by any law, rule, or
regulation;
(B) testimony for or otherwise lawfully
assisting any individual in the exercise of any
right referred to in subparagraph (A); or
(C) cooperation with or disclosing
information to the Inspector General of an
agency, in accordance with applicable
provisions of law in connection with an audit,
inspection, or investigation conducted by the
Inspector General.
(c) Contractor Employees.--(1) Any employee of an agency or
of a contractor, subcontractor, grantee, subgrantee, or
personal services contractor, of a covered intelligence
community element 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 with
respect to any contractor employee as a reprisal for--
(A) any lawful disclosure of information by the
contractor employee to the Director of National
Intelligence (or an employee designated by the Director
of National Intelligence for such purpose), the
Inspector General of the Intelligence Community, a
supervisor in the contractor employee's direct chain of
command, or a supervisor of the employing or
contracting agency or employing contractor with
responsibility for the subject matter of the
disclosure, up to and including the head of the
employing or contracting agency (or an employee
designated by the head of that agency for that purpose)
or employing contractor, the appropriate inspector
general of the employing or contracting agency or
covered intelligence community element, a congressional
intelligence committee, or a member of a congressional
intelligence committee, which the contractor employee
reasonably believes evidences--
(i) a violation of any Federal law, rule, or
regulation (including with respect to evidence
of another employee or contractor employee
accessing or sharing classified information
without authorization); or
(ii) mismanagement, a gross waste of funds,
an abuse of authority, or a substantial and
specific danger to public health or safety;
(B) any lawful disclosure that complies with--
(i) subsections (b)(1), (e), and (h) of
section 416 of title 5, United States Code;
(ii) subparagraphs (A), (D), and (H) of
section 17(d)(5) of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 3517(d)(5)); or
(iii) subparagraphs (A), (D), and (I) of
section 103H(k)(5); or
(C) if the actions do not result in the contractor
employee unlawfully disclosing information specifically
required by Executive order to be kept classified in
the interest of national defense or the conduct of
foreign affairs, any lawful disclosure in conjunction
with--
(i) the exercise of any appeal, complaint, or
grievance right granted by any law, rule, or
regulation;
(ii) testimony for or otherwise lawfully
assisting any individual in the exercise of any
right referred to in clause (i); or
(iii) cooperation with or disclosing
information to the Inspector General of an
agency, in accordance with applicable
provisions of law in connection with an audit,
inspection, or investigation conducted by the
Inspector General.
(2) A personnel action under paragraph (1) is prohibited even
if the action is undertaken at the request of an agency
official, unless the request takes the form of a
nondiscretionary directive and is within the authority of the
agency official making the request.
(d) Rule of Construction.--Consistent with the protection of
intelligence sources and methods, nothing in subsection (b) or
(c) shall be construed to authorize--
(1) the withholding of information from Congress; or
(2) the taking of any personnel action against an
employee who lawfully discloses information to
Congress.
(e) Disclosures.--A disclosure shall not be excluded from
this section because--
(1) the disclosure was made to an individual,
including a supervisor, who participated in an activity
that the employee reasonably believed to be covered
under subsection (b)(1)(B) or the contractor employee
reasonably believed to be covered under subsection
(c)(1)(A)(ii);
(2) the disclosure revealed information that had been
previously disclosed;
(3) the disclosure was not made in writing;
(4) the disclosure was made while the employee was
off duty;
(5) of the amount of time which has passed since the
occurrence of the events described in the disclosure;
or
(6) the disclosure was made during the normal course
of duties of an employee or contractor employee.
(f) Enforcement.--The President shall provide for the
enforcement of this section consistent, to the fullest extent
possible, with the policies and procedures used to adjudicate
alleged violations of section 2302(b)(8) of title 5, United
States Code.
(g) Existing Rights Preserved.--Nothing in this section shall
be construed to--
(1) preempt or preclude any employee, contractor
employee, or applicant for employment, at the Federal
Bureau of Investigation from exercising rights provided
under any other law, rule, or regulation, including
section 2303 of title 5, United States Code; or
(2) repeal section 2303 of title 5, United States
Code.
SEC. [1106.] 1202. INSPECTOR GENERAL EXTERNAL REVIEW PANEL.
(a) Request for Review.--An individual with a claim described
in subsection (b) may submit to the Inspector General of the
Intelligence Community a request for a review of such claim by
an external review panel convened under subsection (c).
(b) Claims and Individuals Described.--A claim described in
this subsection is any--
(1) claim by an individual--
(A) that the individual has been subjected to
a personnel action that is prohibited under
section [1104] 1201; and
(B) who has exhausted the applicable review
process for the claim pursuant to enforcement
of such section; or
(2) claim by an individual--
(A) that he or she has been subjected to a
reprisal prohibited by paragraph (1) of section
3001(j) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C.
3341(j)); and
(B) who received a decision on an appeal
regarding that claim under paragraph (4) of
such section.
(c) External Review Panel Convened.--
(1) Discretion to convene.--Upon receipt of a request
under subsection (a) regarding a claim, the Inspector
General of the Intelligence Community may, at the
discretion of the Inspector General, convene an
external review panel under this subsection to review
the claim.
(2) Membership.--
(A) Composition.--An external review panel
convened under this subsection shall be
composed of three members as follows:
(i) The Inspector General of the
Intelligence Community.
(ii) Except as provided in
subparagraph (B), two members selected
by the Inspector General as the
Inspector General considers appropriate
on a case-by-case basis from among
inspectors general of the following:
(I) The Department of
Defense.
(II) The Department of
Energy.
(III) The Department of
Homeland Security.
(IV) The Department of
Justice.
(V) The Department of State.
(VI) The Department of the
Treasury.
(VII) The Central
Intelligence Agency.
(VIII) The Defense
Intelligence Agency.
(IX) The National Geospatial-
Intelligence Agency.
(X) The National
Reconnaissance Office.
(XI) The National Security
Agency.
(B) Limitation.--An inspector general of an
agency may not be selected to sit on the panel
under subparagraph (A)(ii) to review any matter
relating to a decision made by such agency.
(C) Chairperson.--
(i) In general.--Except as provided
in clause (ii), the chairperson of any
panel convened under this subsection
shall be the Inspector General of the
Intelligence Community.
(ii) Conflicts of interest.--If the
Inspector General of the Intelligence
Community finds cause to recuse himself
or herself from a panel convened under
this subsection, the Inspector General
of the Intelligence Community shall--
(I) select a chairperson from
inspectors general of the
elements listed under
subparagraph (A)(ii) whom the
Inspector General of the
Intelligence Community
considers appropriate; and
(II) notify the congressional
intelligence committees of such
selection.
(3) Period of review.--Each external review panel
convened under this subsection to review a claim shall
complete review of the claim no later than 270 days
after the date on which the Inspector General convenes
the external review panel.
(d) Remedies.--
(1) Panel recommendations.--If an external review
panel convened under subsection (c) determines,
pursuant to a review of a claim submitted by an
individual under subsection (a), that the individual
was the subject of a personnel action prohibited under
section [1104] 1201 or was subjected to a reprisal
prohibited by section 3001(j)(1) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(j)(1)), the panel may recommend that the agency
head take corrective action--
(A) in the case of an employee or former
employee--
(i) to return the employee or former
employee, as nearly as practicable and
reasonable, to the position such
employee or former employee would have
held had the reprisal not occurred; or
(ii) reconsider the employee's or
former employee's eligibility for
access to classified information
consistent with national security; or
(B) in any other case, such other action as
the external review panel considers
appropriate.
(2) Agency action.--
(A) In general.--Not later than 90 days after
the date on which the head of an agency
receives a recommendation from an external
review panel under paragraph (1), the head
shall--
(i) give full consideration to such
recommendation; and
(ii) inform the panel and the
Director of National Intelligence of
what action the head has taken with
respect to the recommendation.
(B) Failure to inform.--The Director shall
notify the President of any failures to comply
with subparagraph (A)(ii).
(e) Annual Reports.--
(1) In general.--Not less frequently than once each
year, the Inspector General of the Intelligence
Community shall submit to the congressional
intelligence committees and the Director of National
Intelligence a report on the activities under this
section during the previous year.
(2) Contents.--Subject to such limitations as the
Inspector General of the Intelligence Community
considers necessary to protect the privacy of an
individual who has made a claim described in subsection
(b), each report submitted under paragraph (1) shall
include, for the period covered by the report, the
following:
(A) The determinations and recommendations
made by the external review panels convened
under this section.
(B) The responses of the heads of agencies
that received recommendations from the external
review panels.
SEC. 1203. PROHIBITION ON REQUIRING POLITICAL OR IDEOLOGICAL ACTIVISM
WITHIN THE INTELLIGENCE COMMUNITY.
(a) Prohibition.--The head of each element of the
intelligence community shall ensure that--
(1) a covered individual is not required to engage in
political or ideological activism as a condition for
obtaining a positive personnel action; and
(2) a covered individual is not awarded additional
points or otherwise be determined to be more likely to
obtain a positive personnel decision based on engaging
in political or ideological activism.
(b) Exception for Maintenance of Cover.--Subsection (a) shall
not apply with respect to requirements that a covered
individual engage in political or ideological activism for the
purposes of maintaining the cover of such individual, as
determined by the head of the element of the intelligence
community that would take a positive personnel action.
(c) Definitions.--In this section:
(1) Covered individual.--The term ``covered
individual'' means--
(A) an applicant, employee, or former
employee of an element of the intelligence
community;
(B) an employee or former employee assigned
or detailed to an element of the intelligence
community;
(C) an employee or former employee of a
contractor of an element of the intelligence
community; or
(D) an individual contractor or former
individual contractor of an element of the
intelligence community.
(2) Political or ideological activism.--The term
``political or ideological activism'' means
affirmatively advocating for beliefs, affiliations,
ideals, or principles regarding matters of contemporary
political debate or social action, including through
speech, attendance at events, or membership in
organizations or groups.
(3) Positive personnel action.--The term ``positive
personnel action'' means, with regard to a covered
individual, any of the following:
(A) An appointment requested by the covered
individual.
(B) A promotion requested by the covered
individual.
(C) A decision not to subject the covered
individual to disciplinary or corrective
action.
(D) A detail, transfer, or reassignment,
requested by the covered individual.
(E) A decision not to subject the covered
individual to a demotion, suspension, or
termination.
(F) A reinstatement or restoration requested
by the covered individual.
(G) A recommendation or positive performance
evaluation.
(H) A decision concerning pay, benefits, or
awards requested by the covered individual.
(I) A decision not to order or recommend
medical testing or examination, including
psychiatric testing or examination, that the
covered individual does not request.
(J) The implementation or enforcement against
the covered individual of any nondisclosure
policy, form, or agreement.
(K) The granting of the response requested by
the covered individual with respect to any
claim of retaliatory action or harassment.
(L) A decision not to subject the covered
individual to an investigation requested,
directed, initiated, or conducted for the
primary purpose of punishing, harassing, or
ostracizing an individual for making a
protected disclosure.
(M) A decision to provide education or
training if such education or training may
reasonably be expected to lead to an
appointment, promotion, or performance
evaluation.
(N) Any other significant change in duties,
responsibilities, or working conditions,
requested by the covered individual.
SEC. 1204. MERIT-BASED PERSONNEL DECISIONS.
(a) Requirement.--The head of each element of the
intelligence community shall ensure that no personnel action
(as defined in section 1104(a)) by such element is taken with a
motivating factor of any of the following:
(1) A desire to reverse the impacts of societal
discrimination based on race, color, religion, sex,
sexual orientation, transgender status, or national
origin.
(2) A desire to provide role models to or aid in
recruitment of individuals of the same race, color,
religion, sex, sexual orientation, transgender status,
or national origin.
(3) A belief or assumption that certain viewpoints or
experiences can be ascribed to a person based on race,
color, religion, sex, sexual orientation, transgender
status, or national origin.
(b) Rule of Construction.--Nothing in this section shall be
construed to prohibit the head of an element of the
intelligence community from taking into consideration
linguistic ability, linguistic background, race, color,
religion, sex, sexual orientation, transgender status, or
national origin in those certain instances where such factor is
a bona fide occupational qualification reasonably necessary for
carrying out the job function, including maintenance of cover.
SEC. 1205. UNCLASSIFIED APPRAISALS OF EMPLOYEES OF THE DEFENSE
INTELLIGENCE AGENCY.
(a) Unclassified Appraisals.--The Director of the Defense
Intelligence Agency shall ensure that--
(1) each performance appraisal of an employee of the
Defense Intelligence Agency includes unclassified
narrative input and unclassified rating scores for such
employee from each person providing narrative input or
rating scores for such appraisal; and
(2) such unclassified narrative input and
unclassified rating scores are provided to such
employee in unclassified form.
(b) Appraisals for Departing Employees.--
(1) Requirement.--The Director of the Defense
Intelligence Agency shall require the completion of a
performance appraisal of any employee who--
(A) terminates employment with the Defense
Intelligence Agency; and
(B) has not received a performance appraisal
that was completed in accordance with the
requirements of subsection (a) during the one
and a half year period that ends on the date of
termination of such employment.
(2) Timing of completion.--A performance appraisal
required under paragraph (1) shall be completed for an
employee not later than 30 days after the date on which
the employee terminates employment with the Defense
Intelligence Agency.
(c) Waiver.--The Director of the Defense Intelligence Agency
may waive the requirements of subsections (a) and (b) with
respect to any employee whose affiliation with the Defense
Intelligence Agency is classified.
* * * * * * *
----------
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2004
* * * * * * *
TITLE III--GENERAL PROVISIONS
* * * * * * *
Subtitle C--Counterintelligence
SEC. 341. COUNTERINTELLIGENCE INITIATIVES FOR THE INTELLIGENCE
COMMUNITY.
(a) In General.--(1) Title XI of the National Security Act of
1947 (50 U.S.C. 401 et seq.) is amended by adding at the end
the following new section:
* * * * * * *
[Omitted amendatory text.].
(2) The table of contents contained in the first section of
such Act is amended in the items relating to title XI by adding
at the end the following new item:
``Sec. 1102. Counterintelligence initiatives.''.
(b) Intelligence and National Security Aspects of Espionage
Prosecutions.--The Attorney General, acting through the
Assistant Attorney General for National Security, and in
consultation with the Director of National Intelligence, acting
through the [National Counterintelligence and Security Center]
National Counterintelligence Center, shall establish policies
and procedures to assist the Attorney General in the
consideration of intelligence and national security-related
equities in the development of charging documents and related
pleadings in espionage prosecutions.
Subtitle D--Reports
* * * * * * *
SEC. 361. REPEAL AND MODIFICATION OF REPORT REQUIREMENTS RELATING TO
INTELLIGENCE ACTIVITIES.
(a) Annual Evaluation of Performance and Responsiveness of
Intelligence Community.--Section 105 of the National Security
Act of 1947 (50 U.S.C. 403-5) is amended by striking subsection
(d).
(b) Periodic Reports on Disclosure of Intelligence
Information to United Nations.--Section 112(b) of the National
Security Act of 1947 (50 U.S.C. 404g(b)(1)) is amended--
(1) in the subsection caption, by striking
``Periodic'' and inserting ``Annual'';
(2) in paragraph (1), by striking ``semiannually''
and inserting ``annually''; and
(3) in paragraph (3), by striking ``periodic'' and
inserting ``the annual''.
(c) Annual Report on Intelligence Community Cooperation With
Counterdrug Activities.--Section 114 of the National Security
Act of 1947 (50 U.S.C. 404i) is amended--
(1) by striking subsection (a); and
(2) by redesignating subsections (b) through (f) as
subsections (a) through (e), respectively.
(d) Annual Report on Covert Leases.--Section 114 of the
National Security Act of 1947, as amended by this section, is
further amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection
(d).
(e) Annual Report on Certain Foreign Companies Involved in
Proliferation of Weapons of Mass Destruction.--Section 827 of
the Intelligence Authorization Act for Fiscal Year 2003 (Public
Law 107-306; 116 Stat. 2430; 50 U.S.C. 404n-3) is repealed.
(f) Annual Report on Intelligence Activities of People's
Republic of China.--Section 308 of the Intelligence
Authorization Act for Fiscal Year 1998 (Public Law 105-107; 111
Stat. 2253; 50 U.S.C. 402a note) is repealed.
(g) Annual Report on Coordination of Counterintelligence
Matters With FBI.--[Section 811(c)] Section 811(e) of the
Counterintelligence and Security Enhancements Act of 1994
(title VIII of Public Law 103-359; 50 U.S.C. 402a(c)) is
amended--
(1) by striking paragraph (6); and
(2) by redesignating paragraphs (7) and (8) as
paragraphs (6) and (7), respectively.
(h) Annual Report on Postemployment Assistance for Terminated
Intelligence Employees.--Section 1611 of title 10, United
States Code, is amended by striking subsection (e).
(i) Annual Report on Activities of FBI Personnel Outside the
United States.--Section 540C of title 28, United States Code,
is repealed.
(j) Annual Report on Exceptions to Consumer Disclosure
Requirements for National Security Investigations.--Section
604(b)(4) of the Fair Credit Reporting Act (15 U.S.C.
1681b(b)(4)) is amended--
(1) by striking subparagraphs (D) and (E); and
(2) by redesignating subparagraph (F) as subparagraph
(D).
(k) Reports on Acquisition of Technology Relating to Weapons
of Mass Destruction and Advanced Conventional Munitions.--
Subsection (b)(1) of section 721 of the Intelligence
Authorization Act for Fiscal Year 1997 (Public Law 104-293; 50
U.S.C. 2366) is amended by striking ``a semiannual'' and
inserting ``an annual''.
(l) Conforming Amendments.--Section 507 of the National
Security Act of 1947 (50 U.S.C. 415b) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking subparagraphs (A),
(C), (G), (I), (J), and (L);
(ii) by redesignating subparagraphs
(B), (D), (E), (H), (K), (M), and (N)
as subparagraphs (A), (C), (D), (G),
(H), and (I), respectively;
(iii) by inserting after subparagraph
(A), as so redesignated, the following
new subparagraph (B):
``(B) The annual report on intelligence provided to
the United Nations required by section 112(b)(1).'';
and
(iv) by inserting after subparagraph
(D), as so redesignated, the following
new subparagraph (E):
``(E) The annual report on the acquisition of
technology relating to weapons of mass destruction and
advanced conventional munitions required by section 721
of the Intelligence Authorization Act for Fiscal Year
1997 (Public Law 104-293; 50 U.S.C. 2366).''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking
``section 114(b)'' and inserting
``section 114(a)'';
(ii) in subparagraph (B), by striking
``section 114(d)'' and inserting
``section 114(c)'';
(iii) by striking subparagraphs (C),
(E), and (F); and
(iv) by redesignating subparagraphs
(D) and (G) as subparagraphs (C) and
(D), respectively; and
(2) in subsection (b)--
(A) by striking paragraphs (1) and (4); and
(B) by redesignating paragraphs (2), (3),
(5), (6), (7), and (8) as paragraphs (1), (2),
(3), (4), (5), and (6), respectively.
(m) Clerical Amendments.--
(1) National security act of 1947.--The table of
contents for the National Security Act of 1947 is
amended by striking the item relating to section 603.
(2) Title 28, united states code.--The table of
sections at the beginning of chapter 33 of title 28,
United States Code, is amended by striking the item
relating to section 540C.
(n) Effective Date.--The amendments made by this section
shall take effect on December 31, 2003.
* * * * * * *
----------
COUNTERINTELLIGENCE AND SECURITY
ENHANCEMENTS ACT OF 1994
* * * * * * *
TITLE VIII--COUNTERINTELLIGENCE AND SECURITY
* * * * * * *
[SEC. 811. COORDINATION OF COUNTERINTELLIGENCE ACTIVITIES.
[(a) Establishment of Counterintelligence Policy Board.--
There is established within the executive branch of Government
a National Counterintelligence Policy Board (in this section
referred to as the ``Board''). The Board shall report to the
President through the National Security Council.
[(b) Chairperson.--The Director of the National
Counterintelligence and Security Center appointed under section
902 of the Counterintelligence Enhancement Act of 2002 (50
U.S.C. 3382) shall serve as the chairperson of the Board.
[(c) Membership.--The membership of the National
Counterintelligence Policy Board shall consist of the
following:
[(1) The Director of the National Counterintelligence
and Security Center.
[(2) Senior personnel of departments and elements of
the United States Government, appointed by the head of
the department or element concerned, as follows:
[(A) The Department of Justice, including the
Federal Bureau of Investigation.
[(B) The Department of Defense, including the
Joint Chiefs of Staff.
[(C) The Department of State.
[(D) The Department of Energy.
[(E) The Central Intelligence Agency.
[(F) Any other department, agency, or element
of the United States Government specified by
the President.
[(d) Functions and Discharge of Functions.--(1) The Board
shall--
[(A) serve as the principal mechanism for--
[(i) developing policies and procedures for
the approval of the President to govern the
conduct of counterintelligence activities; and
[(ii) upon the direction of the President,
resolving conflicts that arise between elements
of the Government conducting such activities;
and
[(B) act as an interagency working group to--
[(i) ensure the discussion and review of
matters relating to the implementation of the
Counterintelligence Enhancement Act of 2002;
and
[(ii) provide advice to the Director of the
National Counterintelligence and Security
Center on priorities in the implementation of
the National Counterintelligence Strategy
produced pursuant to section 904(e)(2) of that
Act (50 U.S.C. 3383(e)(2)).
[(2) The Board may, for purposes of carrying out its
functions under this section, establish such interagency boards
and working groups as the Board considers appropriate.
[(e) Coordination of Counterintelligence Matters With the
Federal Bureau of Investigation.--(1) Except as provided in
paragraph (5), the head of each department or agency within the
executive branch shall ensure that--
[(A) the Federal Bureau of Investigation is advised
immediately of any information, regardless of its
origin, which indicates that classified information is
being, or may have been, disclosed in an unauthorized
manner to a foreign power or an agent of a foreign
power;
[(B) following a report made pursuant to subparagraph
(A), the Federal Bureau of Investigation is consulted
with respect to all subsequent actions which may be
undertaken by the department or agency concerned to
determine the source of such loss or compromise; and
[(C) where, after appropriate consultation with the
department or agency concerned, the Federal Bureau of
Investigation undertakes investigative activities to
determine the source of the loss or compromise, the
Federal Bureau of Investigation is given complete and
timely access to the employees and records of the
department or agency concerned for purposes of such
investigative activities.
[(2) Except as provided in paragraph (5), the Director of the
Federal Bureau of Investigation shall ensure that espionage
information obtained by the Federal Bureau of Investigation
pertaining to the personnel, operations, or information of
departments or agencies of the executive branch, is provided
through appropriate channels in a timely manner to the
department or agency concerned, and that such departments or
agencies are consulted in a timely manner with respect to
espionage investigations undertaken by the Federal Bureau of
Investigation which involve the personnel, operations, or
information of such department or agency.
[(3)(A) The Director of the Federal Bureau of Investigation
shall submit to the head of the department or agency concerned
a written assessment of the potential impact of the actions of
the department or agency on a counterintelligence
investigation.
[(B) The head of the department or agency concerned shall--
[(i) use an assessment under subparagraph (A) as an
aid in determining whether, and under what
circumstances, the subject of an investigation under
paragraph (1) should be left in place for investigative
purposes; and
[(ii) notify in writing the Director of the Federal
Bureau of Investigation of such determination.
[(C) The Director of the Federal Bureau of Investigation and
the head of the department or agency concerned shall continue
to consult, as appropriate, to review the status of an
investigation covered by this paragraph, and to reassess, as
appropriate, a determination of the head of the department or
agency concerned to leave a subject in place for investigative
purposes.
[(4)(A) The Federal Bureau of Investigation shall notify
appropriate officials within the executive branch, including
the head of the department or agency concerned, of the
commencement of a full field espionage investigation with
respect to an employee within the executive branch.
[(B) A department or agency may not conduct a polygraph
examination, interrogate, or otherwise take any action that is
likely to alert an employee covered by a notice under
subparagraph (A) of an investigation described in that
subparagraph without prior coordination and consultation with
the Federal Bureau of Investigation.
[(5) Where essential to meet extraordinary circumstances
affecting vital national security interests of the United
States, the President may on a case-by-case basis waive the
requirements of paragraph (1), (2), or (3), as they apply to
the head of a particular department or agency, or the Director
of the Federal Bureau of Investigation. Such waiver shall be in
writing and shall fully state the justification for such
waiver. Within thirty days, the President shall notify the
Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives that such waiver has been issued, and at that
time or as soon as national security considerations permit,
provide these committees with a complete explanation of the
circumstances which necessitated such waiver.
[(6) Nothing in this section may be construed to alter the
existingjurisdictional arrangements between the Federal Bureau
of Investigationand the Department of Defense with respect to
investigationsof persons subject to the Uniform Code of
Military Justice,nor to impose additional reporting
requirements upon the Departmentof Defense with respect to such
investigations beyondthose required by existing law and
executive branch policy.
[(7) As used in this section, the terms ``foreign power'' and
``agent of a foreign power'' have the same meanings as set
forth in subsections (a) and (b) of section 101, respectively,
of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801).]
* * * * * * *
----------
COUNTERINTELLIGENCE ENHANCEMENT ACT OF 2002
* * * * * * *
TITLE IX--COUNTERINTELLIGENCE ACTIVITIES
* * * * * * *
[SEC. 902. DIRECTOR OF THE NATIONAL COUNTERINTELLIGENCE AND SECURITY
CENTER.
[(a) Establishment.--There shall be a Director of the
National Counterintelligence and Security Center (referred to
in this section as the ``Director''), who shall be appointed by
the President, by and with the advice and consent of the
Senate.
[(b) Mission.--The mission of the Director shall be to serve
as the head of national counterintelligence for the United
States Government.
[(c) Duties.--Subject to the direction and control of the
Director of National Intelligence, the duties of the Director
are as follows:
[(1) To carry out the mission referred to in
subsection (b).
[(2) To act as chairperson of the National
Counterintelligence Policy Board established under
section 811 of the Counterintelligence and Security
Enhancements Act of 1994 (50 U.S.C. 3381).
[(3) To act as head of the National
Counterintelligence and Security Center established
under section 904.
[(4) To participate as an observer on such boards,
committees, and entities of the executive branch as the
Director of National Intelligence considers appropriate
for the discharge of the mission and functions of the
Director and the National Counterintelligence and
Security Center under section 904.]
* * * * * * *
[SEC. 904. NATIONAL COUNTERINTELLIGENCE AND SECURITY CENTER.
[(a) Establishment.--There shall be a National
Counterintelligence and Security Center.
[(b) Head of Center.--The Director of the National
Counterintelligence and Security Center shall be the head of
the National Counterintelligence and Security Center.
[(c) Location of Center.--The National Counterintelligence
and Security Center shall be located in the Office of the
Director of National Intelligence.
[(d) Mission.--The mission of the National
Counterintelligence and Security Center shall include
organizing and leading strategic planning for
counterintelligence activities of the United States Government
by integrating instruments of national power as needed to
counter foreign intelligence activities.
[(e) Functions.--Subject to the direction and control of the
Director of the National Counterintelligence and Security
Center, the functions of the National Counterintelligence and
Security Center shall be as follows:
[(1) National threat identification and
prioritization assessment.--Subject to subsection (f),
in consultation with appropriate department and
agencies of the United States Government, and private
sector entities, to produce a strategic planning
assessment of the counterintelligence requirements of
the United States to be known as the National Threat
Identification and Prioritization Assessment.
[(2) National counterintelligence strategy.--
[(A) Requirement to produce.--Subject to
subsection (f), in consultation with
appropriate department and agencies of the
United States Government, and private sector
entities, and based on the most current
National Threat Identification and
Prioritization Assessment under paragraph (1),
to produce a strategy for the
counterintelligence programs and activities of
the United States Government to be known as the
National Counterintelligence Strategy.
[(B) Revision and requirement.--The National
Counterintelligence Strategy shall be revised
or updated at least once every three years and
shall be aligned with the strategy and policies
of the Director of National Intelligence.
[(3) Implementation of national counterintelligence
strategy.--To evaluate on an ongoing basis the
implementation of the National Counterintelligence
Strategy and to submit to the President periodic
reports on such evaluation, including a discussion of
any shortfalls in the implementation of the Strategy
and recommendations for remedies for such shortfalls.
[(4) National counterintelligence strategic
analyses.--As directed by the Director of National
Intelligence and in consultation with appropriate
elements of the departments and agencies of the United
States Government, to oversee and coordinate the
production of strategic analyses of counterintelligence
matters, including the production of
counterintelligence damage assessments and assessments
of lessons learned from counterintelligence activities.
[(5) National counterintelligence program budget.--At
the direction of the Director of National
Intelligence--
[(A) to coordinate the development of budgets
and resource allocation plans for the
counterintelligence programs and activities of
the Department of Defense, the Federal Bureau
of Investigation, the Central Intelligence
Agency, and other appropriate elements of the
United States Government;
[(B) to ensure that the budgets and resource
allocation plans developed under subparagraph
(A) address the objectives and priorities for
counterintelligence under the National
Counterintelligence Strategy; and
[(C) to submit to the National Security
Council periodic reports on the activities
undertaken by the Office under subparagraphs
(A) and (B).
[(6) National counterintelligence collection and
targeting coordination.--To develop priorities for
counterintelligence investigations and operations, and
for collection of counterintelligence, for purposes of
the National Counterintelligence Strategy, except that
the National Counterintelligence and Security Center
may not--
[(A) carry out any counterintelligence
investigations or operations; or
[(B) establish its own contacts, or carry out
its own activities, with foreign intelligence
services.
[(7) National counterintelligence outreach, watch,
and warning.--
[(A) Counterintelligence vulnerability
assessments and surveys.--To develop standards
and criteria for counterintelligence risk
assessments and surveys of the vulnerability of
the United States to intelligence threats,
including with respect to critical
infrastructure and critical technologies, in
order to identify the areas, programs, and
activities that require protection from such
threats.
[(B) Outreach.--To carry out and coordinate
outreach programs and activities on
counterintelligence to other elements of the
United States Government, and the private
sector, and to coordinate the dissemination to
the public of warnings on intelligence threats
to the United States.
[(C) Research and development.--To ensure
that research and development programs and
activities of the United States Government, and
the private sector, direct attention to the
needs of the counterintelligence community for
technologies, products, and services.
[(D) Training and professional development.--
To develop policies and standards for training
and professional development of individuals
engaged in counterintelligence activities and
to manage the conduct of joint training
exercises for such personnel.
[(E) Vulnerabilities from foreign commercial
spyware.--
[(i) Consultation.--In carrying out
efforts to secure covered devices, to
consult with the private sector of the
United States and reputable third-party
researchers to identify vulnerabilities
from foreign commercial spyware (as
defined in section 1102A(a) of the
National Security Act of 1947) and
maintain effective security measures
for such devices.
[(ii) Covered device defined.--In
this subparagraph, the term ``covered
device'' means any electronic mobile
device including smartphones, tablet
computing devices, or laptop computing
devices, that is issued by an element
of the intelligence community for
official use.
[(f) Additional Requirements Regarding National Threat
Identification and Prioritization Assessment and National
Counterintelligence Strategy.--(1) A National Threat
Identification and Prioritization Assessment under subsection
(e)(1), and any modification of such assessment, shall not go
into effect until approved by the President.
[(2) A National Counterintelligence Strategy under subsection
(e)(2), and any modification of such strategy, shall not go
into effect until approved by the President.
[(3) The Director of the National Counterintelligence and
Security Center shall submit to the congressional intelligence
committees each National Threat Identification and
Prioritization Assessment, or modification thereof, and each
National Counterintelligence Strategy, or modification thereof,
approved under this section.
[(4) In this subsection, the term ``congressional
intelligence committees'' means--
[(A) the Select Committee on Intelligence of the
Senate; and
[(B) the Permanent Select Committee on Intelligence
of the House of Representatives.
[(g) Personnel.--(1) Personnel of the National
Counterintelligence and Security Center may consist of
personnel employed by the Center or personnel on detail from
any other department, agency, or element of the Federal
Government. Any such detail may be on a reimbursable or
nonreimbursable basis, at the election of the head of the
agency detailing such personnel.
[(2) Notwithstanding section 104(d) or any other provision of
law limiting the period of the detail of personnel on a
nonreimbursable basis, the detail of an officer or employee of
United States or a member of the Armed Forces under paragraph
(1) on a nonreimbursable basis may be for any period in excess
of one year that the Director of the National
Counterintelligence and Security Center and the head of the
department, agency, or element concerned consider appropriate.
[(h) Treatment of Activities Under Certain Administrative
Laws.--The files of the National Counterintelligence and
Security Center shall be treated as operational files of the
Central Intelligence Agency for purposes of section 701 of the
National Security Act of 1947 (50 U.S.C. 3141) to the extent
such files meet criteria under subsection (b) of that section
for treatment of files as operational files of an element of
the Agency.
[(i) Oversight by Congress.--The location of the National
Counterintelligence and Security Center within the Office of
the Director of National Intelligence shall not be construed as
affecting access by Congress, or any committee of Congress,
to--
[(1) any information, document, record, or paper in
the possession of the Center; or
[(2) any personnel of the Center.
[(j) Construction.--Nothing in this section shall be
construed as affecting the authority of the Director of
National Intelligence, the Secretary of Defense, the Secretary
of State, the Attorney General, or the Director of the Federal
Bureau of Investigation as provided or specified under the
National Security Act of 1947 or under other provisions of
law.]
* * * * * * *
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART D--PAY AND ALLOWANCES
* * * * * * *
CHAPTER 53--PAY RATES AND SYSTEMS
* * * * * * *
SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES
* * * * * * *
Sec. 5315. Positions at level IV
Level IV of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Deputy Administrator of General Services.
Associate Administrator of the National Aeronautics
and Space Administration.
Assistant Administrators, Agency for International
Development (6).
Regional Assistant Administrators, Agency for
International Development (4).
Assistant Secretaries of Agriculture (3).
Assistant Secretaries of Commerce (11).
Assistant Secretaries of Defense (19).
Assistant Secretaries of the Air Force (5).
Assistant Secretaries of the Army (5).
Assistant Secretaries of the Navy (4).
Assistant Secretaries of Health and Human Services
(6).
Assistant Secretaries of the Interior (6).
Assistant Attorneys General (11).
Assistant Secretaries of Labor (10), one of whom
shall be the Assistant Secretary of Labor for Veterans'
Employment and Training.
Administrator, Wage and Hour Division, Department of
Labor.
Assistant Secretaries of State (24) and 4 other State
Department officials to be appointed by the President,
by and with the advice and consent of the Senate.
Assistant Secretaries of the Treasury (10).
Members, United States International Trade Commission
(5).
Assistant Secretaries of Education (10).
General Counsel, Department of Education.
Director of Civil Defense, Department of the Army.
Deputy Director of the Office of Emergency Planning.
Deputy Director of the Office of Science and
Technology.
Deputy Director of the Peace Corps.
Assistant Directors of the Office of Management and
Budget (3).
General Counsel of the Department of Agriculture.
General Counsel of the Department of Commerce.
General Counsel of the Department of Defense.
General Counsel of the Department of Health and Human
Services.
Solicitor of the Department of the Interior.
Solicitor of the Department of Labor.
General Counsel of the National Labor Relations
Board.
General Counsel of the Department of the Treasury.
First Vice President of the Export-Import Bank of
Washington.
Members, Council of Economic Advisers.
Members, Board of Directors of the Export-Import Bank
of Washington.
Members, Federal Communications Commission.
Member, Board of Directors of the Federal Deposit
Insurance Corporation.
Directors, Federal Housing Finance Board.
Members, Federal Energy Regulatory Commission.
Members, Federal Trade Commission.
Members, Surface Transportation Board.
Members, National Labor Relations Board.
Members, Securities and Exchange Commission.
Members, Merit Systems Protection Board.
Members, Federal Maritime Commission.
Members, National Mediation Board.
Members, Railroad Retirement Board.
Director of Selective Service.
Associate Director of the Federal Bureau of
Investigation, Department of Justice.
Members, Equal Employment Opportunity Commission (4).
Director, Community Relations Service.
Members, National Transportation Safety Board.
General Counsel, Department of Transportation.
Deputy Administrator, Federal Aviation
Administration.
Assistant Secretaries of Transportation (5).
Deputy Federal Highway Administrator.
Administrator of the Great Lakes St. Lawrence Seaway
Development Corporation.
Assistant Secretary for Science, Smithsonian
Institution.
Assistant Secretary for History and Art, Smithsonian
Institution.
Deputy Administrator of the Small Business
Administration.
Assistant Secretaries of Housing and Urban
Development (8).
General Counsel of the Department of Housing and
Urban Development.
Commissioner of Interama.
Federal Insurance Administrator, Federal Emergency
Management Agency.
Members, National Credit Union Administration Board
(2).
Members, Postal Regulatory Commission (4).
Members, Occupational Safety and Health Review
Commission.
Deputy Under Secretaries of the Treasury (or
Assistant Secretaries of the Treasury) (2).
Members, Consumer Product Safety Commission (4).
Members, Commodity Futures Trading Commission.
Director of Nuclear Reactor Regulation, Nuclear
Regulatory Commission.
Director of Nuclear Material Safety and Safeguards,
Nuclear Regulatory Commission.
Director of Nuclear Regulatory Research, Nuclear
Regulatory Commission.
Executive Director for Operations, Nuclear Regulatory
Commission.
President, Government National Mortgage Association,
Department of Housing and Urban Development.
Assistant Secretary of Commerce for Oceans and
Atmosphere, the incumbent of which also serves as
Deputy Administrator of the National Oceanic and
Atmospheric Administration.
Director, Bureau of Prisons, Department of Justice.
Assistant Secretaries of Energy (8).
General Counsel of the Department of Energy.
Administrator, Economic Regulatory Administration,
Department of Energy.
Administrator, Energy Information Administration,
Department of Energy.
Director, Office of Indian Energy Policy and
Programs, Department of Energy.
Director, Office of Science, Department of Energy.
Assistant Secretary of Labor for Mine Safety and
Health.
Members, Federal Mine Safety and Health Review
Commission.
President, National Consumer Cooperative Bank.
Chairman, Federal Labor Relations Authority.
Assistant Secretaries, Department of Homeland
Security.
Assistant Director for Cybersecurity, Cybersecurity
and Infrastructure Security Agency.
Assistant Director for Infrastructure Security,
Cybersecurity and Infrastructure Security Agency.
General Counsel, Department of Homeland Security.
Officer for Civil Rights and Civil Liberties,
Department of Homeland Security.
Chief Financial Officer, Department of Homeland
Security.
Chief Information Officer, Department of Homeland
Security.
Deputy Director, Institute for Scientific and
Technological Cooperation.
Director of the National Institute of Justice.
Director of the Bureau of Justice Statistics.
Chief Counsel for Advocacy, Small Business
Administration.
Assistant Administrator for Toxic Substances,
Environmental Protection Agency.
Assistant Administrator, Office of Solid Waste,
Environmental Protection Agency.
Assistant Administrators, Environmental Protection
Agency (8).
Director of Operational Test and Evaluation,
Department of Defense.
Director of Cost Assessment and Program Evaluation,
Department of Defense.
Special Representatives of the President for arms
control, nonproliferation, and disarmament matters,
Department of State.
Ambassadors at Large.
Assistant Secretary of Commerce and Director General
of the United States and Foreign Commercial Service.
Assistant Secretaries, Department of Veterans Affairs
(7).
General Counsel, Department of Veterans Affairs.
Commissioner of Food and Drugs, Department of Health
and Human Services
Chairman, Board of Veterans' Appeals.
Administrator, Office of Juvenile Justice and
Delinquency Prevention.
Director, United States Marshals Service.
Chairman, United States Parole Commission.
Director, Bureau of the Census, Department of
Commerce.
Director of the Institute of Museum and Library
Services.
Chief Financial Officer, Department of Agriculture.
Chief Financial Officer, Department of Commerce.
Chief Financial Officer, Department of Education.
Chief Financial Officer, Department of Energy.
Chief Financial Officer, Department of Health and
Human Services.
Chief Financial Officer, Department of Housing and
Urban Development.
Chief Financial Officer, Department of the Interior.
Chief Financial Officer, Department of Justice.
Chief Financial Officer, Department of Labor.
Chief Financial Officer, Department of State.
Chief Financial Officer, Department of
Transportation.
Chief Financial Officer, Department of the Treasury.
Chief Financial Officer, Department of Veterans
Affairs.
Chief Financial Officer, Environmental Protection
Agency.
Chief Financial Officer, National Aeronautics and
Space Administration.
Commissioner, Office of Navajo and Hopi Indian
Relocation.
Deputy Under Secretary of Defense for Research and
Engineering.
Deputy Under Secretary of Defense for Acquisition and
Sustainment.
Deputy Under Secretary of Defense for Policy.
Deputy Under Secretary of Defense for Personnel and
Readiness.
Deputy Under Secretary of Defense (Comptroller).
Deputy Under Secretary of Defense for Intelligence
and Security.
General Counsel of the Department of the Army.
General Counsel of the Department of the Navy.
General Counsel of the Department of the Air Force.
Liaison for Community and Junior Colleges, Department
of Education.
Director of the Office of Educational Technology.
Director of the International Broadcasting Bureau.
The Commissioner of Labor Statistics, Department of
Labor.
Chief Information Officer, Department of Agriculture.
Chief Information Officer, Department of Commerce.
Chief Information Officer, Department of Defense
(unless the official designated as the Chief
Information Officer of the Department of Defense is an
official listed under section 5312, 5313, or 5314 of
this title).
Chief Information Officer, Department of Education.
Chief Information Officer, Department of Energy.
Chief Information Officer, Department of Health and
Human Services.
Chief Information Officer, Department of Housing and
Urban Development.
Chief Information Officer, Department of the
Interior.
Chief Information Officer, Department of Justice.
Chief Information Officer, Department of Labor.
Chief Information Officer, Department of State.
Chief Information Officer, Department of
Transportation.
Chief Information Officer, Department of the
Treasury.
Chief Information Officer, Department of Veterans
Affairs.
Chief Information Officer, Environmental Protection
Agency.
Chief Information Officer, National Aeronautics and
Space Administration.
Chief Information Officer, Agency for International
Development.
Chief Information Officer, Federal Emergency
Management Agency.
Chief Information Officer, General Services
Administration.
Chief Information Officer, National Science
Foundation.
Chief Information Officer, Nuclear Regulatory Agency.
Chief Information Officer, Office of Personnel
Management.
Chief Information Officer, Small Business
Administration.
General Counsel of the Central Intelligence Agency.
Principal Deputy Administrator, National Nuclear
Security Administration.
Additional Deputy Administrators of the National
Nuclear Security Administration (3), but if the Deputy
Administrator for Naval Reactors is an officer of the
Navy on active duty, (2).
Deputy Under Secretary of Commerce for Intellectual
Property and Deputy Director of the United States
Patent and Trademark Office.
General Counsel of the Office of the Director of
National Intelligence.
Chief Medical Officer, Department of Homeland
Security.
Director of the [National Counterintelligence and
Security Center] National Counterintelligence Center.
* * * * * * *
----------
TITLE 41, UNITED STATES CODE
* * * * * * *
SUBTITLE I--FEDERAL PROCUREMENT POLICY
* * * * * * *
CHAPTER 13--ACQUISITION COUNCILS
* * * * * * *
SUBCHAPTER III--FEDERAL ACQUISITION
SUPPLY CHAIN SECURITY
* * * * * * *
Sec. 1322. Federal Acquisition Security Council establishment and
membership
(a) Establishment.--There is established in the executive
branch a Federal Acquisition Security Council.
(b) Membership.--
(1) In general.--The following agencies shall be
represented on the Council:
(A) The Office of Management and Budget.
(B) The General Services Administration.
(C) The Department of Homeland Security,
including the Cybersecurity and Infrastructure
Security Agency.
(D) The Office of the Director of National
Intelligence, including the [National
Counterintelligence and Security Center]
National Counterintelligence Center.
(E) The Department of Justice, including the
Federal Bureau of Investigation.
(F) The Department of Defense, including the
National Security Agency.
(G) The Department of Commerce, including the
National Institute of Standards and Technology.
(H) Such other executive agencies as
determined by the Chairperson of the Council.
(2) Lead representatives.--
(A) Designation.--
(i) In general.--Not later than 45
days after the date of the enactment of
the Federal Acquisition Supply Chain
Security Act of 2018, the head of each
agency represented on the Council shall
designate a representative of that
agency as the lead representative of
the agency on the Council.
(ii) Requirements.--The
representative of an agency designated
under clause (i) shall have expertise
in supply chain risk management,
acquisitions, or information and
communications technology.
(B) Functions.--The lead representative of an
agency designated under subparagraph (A) shall
ensure that appropriate personnel, including
leadership and subject matter experts of the
agency, are aware of the business of the
Council.
(c) Chairperson.--
(1) Designation.--Not later than 45 days after the
date of the enactment of the Federal Acquisition Supply
Chain Security Act of 2018, the Director of the Office
of Management and Budget shall designate a senior-level
official from the Office of Management and Budget to
serve as the Chairperson of the Council.
(2) Functions.--The Chairperson shall perform
functions that include--
(A) subject to subsection (d), developing a
schedule for meetings of the Council;
(B) designating executive agencies to be
represented on the Council under subsection
(b)(1)(H);
(C) in consultation with the lead
representative of each agency represented on
the Council, developing a charter for the
Council; and
(D) not later than 7 days after completion of
the charter, submitting the charter to the
appropriate congressional committees and
leadership.
(d) Meetings.--The Council shall meet not later than 60 days
after the date of the enactment of the Federal Acquisition
Supply Chain Security Act of 2018 and not less frequently than
quarterly thereafter.
* * * * * * *
----------
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2024
* * * * * * *
DIVISION G--INTELLIGENCE AUTHORIZATION ACT FOR
FISCAL YEAR 2024
* * * * * * *
TITLE III--INTELLIGENCE COMMUNITY MATTERS
* * * * * * *
Subtitle A--General Intelligence Community Matters
* * * * * * *
SEC. 7318. INTELLIGENCE COMMUNITY COUNTERINTELLIGENCE OFFICE AT THE
DEPARTMENT OF AGRICULTURE.
(a) Definitions.--In this section:
(1) Department.--The term ``Department'' means the
Department of Agriculture.
(2) Secretary.--The term ``Secretary'' means the
Secretary of Agriculture.
(b) Repeal.--Section 415 of the Intelligence Authorization
Act for Fiscal Year 2022 (Public Law 117-103; 28 U.S.C. 532
note) is repealed.
(c) Establishment of Intelligence Community
Counterintelligence Office.--
(1) Agreement with secretary of agriculture.--The
Director of National Intelligence, acting through the
Director of the [National Counterintelligence and
Security Center] National Counterintelligence Center,
shall seek to enter into an agreement with the
Secretary under which the Director of National
Intelligence and the Secretary shall establish within
the Department an office, which shall be known as the
``Intelligence Community Counterintelligence Office'',
in accordance with this section.
(2) Location.--The Intelligence Community
Counterintelligence Office established pursuant to this
section shall be physically located within the
headquarters of the Department and within reasonable
proximity to the offices of the leadership of the
Department.
(3) Security.--The Director of the [National
Counterintelligence and Security Center] National
Counterintelligence Center shall be responsible for the
protection of classified information and for the
establishment and enforcement of all security-related
controls within the Intelligence Community
Counterintelligence Office.
(d) Personnel.--
(1) Director.--
(A) Appointment.--There shall be at the head
of the Intelligence Community
Counterintelligence Office a Director who is
appointed by the Director of National
Intelligence. The Director of the Intelligence
Community Counterintelligence Office shall--
(i) be supervised and subject to
performance evaluations by the Director
of the [National Counterintelligence
and Security Center] National
Counterintelligence Center, in
consultation with the Secretary;
(ii) be an employee of the
intelligence community with significant
counterintelligence experience; and
(iii) serve for a period of 3 years.
(B) Responsibilities.--The Director of the
Intelligence Community Counterintelligence
Office shall carry out the following
responsibilities:
(i) Serving as the head of the
Intelligence Community
Counterintelligence Office, with
supervisory responsibility for the
Intelligence Community
Counterintelligence Office and any
other personnel assigned to the
Intelligence Community
Counterintelligence Office.
(ii) Advising the Secretary on
counterintelligence and intelligence
information.
(iii) Ensuring that
counterintelligence threat information
and, as appropriate, finished
intelligence on topics related to the
functions of the Department, are
provided to appropriate personnel of
the department or agency without delay.
(iv) Ensuring critical intelligence
relevant to the Secretary is requested
and disseminated in a timely manner.
(v) Establishing, as appropriate,
mechanisms for collaboration through
which Department subject matter
experts, including those without
security clearances, can share
information and expertise with the
intelligence community.
(vi) Correlating and evaluating
counterintelligence threats identified
within intelligence community
reporting, in coordination with the
[National Counterintelligence and
Security Center] National
Counterintelligence Center, and
providing appropriate dissemination of
such intelligence to officials of the
Department with a need-to-know.
(vii) Advising the Secretary on
methods to improve the
counterintelligence posture of the
Department.
(viii) Where appropriate, supporting
the Department's leadership in engaging
with the National Security Council.
(ix) In coordination with the
[National Counterintelligence and
Security Center] National
Counterintelligence Center,
establishing counterintelligence
partnerships to improve the
counterintelligence defense of the
Department.
(2) Deputy director.--There shall be within the
Intelligence Community Counterintelligence Office a
Deputy Director who is appointed by the Secretary, in
coordination with the Director of National
Intelligence. The Deputy Director shall--
(A) be supervised and subject to performance
evaluations by the Secretary, in consultation
with the Director of the [National
Counterintelligence and Security Center]
National Counterintelligence Center;
(B) be a current or former employee of the
Department with significant experience within
the Department; and
(C) serve at the pleasure of the Secretary.
(3) Other employees.--
(A) Joint duty assignment.--There shall be
within the Intelligence Community
Counterintelligence Office such other employees
as the Director of National Intelligence, in
consultation with the Secretary, determines
appropriate. Employment at the Intelligence
Community Counterintelligence Office is an
intelligence community joint duty assignment. A
permanent change of station to the Intelligence
Community Counterintelligence Office shall be
for a period of not less than 2 years.
(B) Supervision.--The Director of the
Intelligence Community Counterintelligence
Office shall be responsible for the supervision
and management of employees assigned to the
Intelligence Community Counterintelligence
Office, including employees assigned by program
elements of the intelligence community and
other Federal departments and agencies, as
appropriate.
(C) Joint duty or assigned personnel
reimbursement.--The Director of National
Intelligence shall reimburse a program element
of the intelligence community or a Federal
department or agency for any permanent change
of station employee assigned to the
Intelligence Community Counterintelligence
Office from amounts authorized to be
appropriated for the Office of the Director of
National Intelligence.
(D) Operation under authority of director of
national intelligence.--Employees assigned to
the Intelligence Community Counterintelligence
Office under this paragraph shall operate under
the authorities of the Director of National
Intelligence for the duration of their
assignment or period of employment within the
Intelligence Community Counterintelligence
Office, except for temporary duty assignment
employees.
(E) Incentive pay.--
(i) In general.--An employee who
accepts employment at the Intelligence
Community Counterintelligence Office
during the 120-day period after the
date of the establishment of the
Intelligence Community
Counterintelligence Office shall
receive an incentive payment, which
shall be payable by the Director of
National Intelligence, in an amount
equal to 10 percent of the base annual
pay of the employee. Such an employee
who completes 2 years of service in the
Intelligence Community
Counterintelligence Office may receive
an incentive payment in an amount equal
to 10 percent of the base annual pay of
the employee if the Director of the
Intelligence Community
Counterintelligence Office determines
the performance of the employee is
exceptional.
(ii) Eligibility.--An employee is
only eligible for an incentive payment
under clause (i) if the employee enters
into an agreement with the Director of
National Intelligence to serve in the
Intelligence Community
Counterintelligence Office for a period
of at least 2 years.
(e) Funding.--To the extent and in such amounts as
specifically provided in advance in appropriations Acts for the
purposes detailed in this subsection, the Director of National
Intelligence may expend such sums as are authorized within the
National Intelligence Program of the Office of the Director of
National Intelligence for--
(1) the renovation, furnishing, and equipping of a
Federal building, as necessary, to meet the security
and operational requirements of the Intelligence
Community Counterintelligence Office;
(2) the provision of connectivity to the Intelligence
Community Counterintelligence Office to enable
briefings, secure audio and video communications, and
collaboration between employees of the Department and
the intelligence community at the unclassified, secret,
and top secret levels;
(3) the provision of other information technology
systems and devices, such as computers, printers, and
phones, for use by employees of the Intelligence
Community Counterintelligence Office;
(4) the assignment of employees of the intelligence
community to support the operation of the Intelligence
Community Counterintelligence Office; and
(5) the provision of other personal services
necessary for the operation of the Intelligence
Community Counterintelligence Office.
(f) Deadline for Establishment of the Intelligence Community
Counterintelligence Office.--
(1) Establishment.--Not later than January 1, 2025,
the Director of National Intelligence shall seek to
establish, in accordance with this section, the
Intelligence Community Counterintelligence Office
within the Department.
(2) Report.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional
intelligence committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives a report
on the plan to establish the Intelligence Community
Counterintelligence Office required under paragraph
(1). Such report shall include the costs and schedule
associated with establishing the Intelligence Community
Counterintelligence Office.
* * * * * * *
SEC. 7320. INCLUSION OF COUNTERNARCOTICS AS SPECIAL TOPIC IN CERTAIN
BUDGET JUSTIFICATION MATERIALS.
(a) Inclusion of Counternarcotics as Special Topic..--For the
purposes of the congressional budget justification book for the
National Intelligence Program (as such term is defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)) for each of fiscal years 2025 through [2027] 2026, and
for any subsequent fiscal year as the Director of National
Intelligence determines appropriate, information with respect
to the aggregate amount of funding requested for
counternarcotics required to be included as part of the budget
justification materials submitted to Congress under section
506(a)(3) of such Act shall be included as a provision relating
to a special topic in such congressional budget justification
book.
(b) Contents.--With respect to a fiscal year, the special
topic provision included in the congressional budget
justification book pursuant to subsection (a) regarding the
aggregate amount of funding requested for counternarcotics
shall include--
(1) a summary of the main activities and investments
that such requested funding would support;
(2) a breakdown of such requested funding by program,
budget category, intelligence discipline, and any other
appropriate classification;
(3) a comparison of aggregate requested funding and
aggregate enacted funding for counternarcotics for the
current fiscal year and the previous fiscal year;
(4) the number of full-time equivalent civilian and
military personnel assigned to the counternarcotics
mission of the intelligence community; and
(5) such other information as the Director of
National Intelligence determines appropriate.
* * * * * * *
----------
DAMON PAUL NELSON AND MATTHEW YOUNG POLLARD
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEARS
2018, 2019, AND 2020
* * * * * * *
DIVISION E--INTELLIGENCE AUTHORIZATIONS FOR
FISCAL YEARS 2018, 2019, AND 2020
* * * * * * *
SUBDIVISION 1
* * * * * * *
TITLE LIII--INTELLIGENCE COMMUNITY MATTERS
* * * * * * *
Subtitle B--Office of the Director of
National Intelligence
* * * * * * *
SEC. 5323. COOPERATIVE ACTIONS TO DETECT AND COUNTER FOREIGN INFLUENCE
OPERATIONS.
(a) Findings.--Congress makes the following findings:
(1) The Russian Federation, through military
intelligence units, also known as the ``GRU'', and
Kremlin-linked troll organizations often referred to as
the ``Internet Research Agency'', deploy information
warfare operations against the United States, its
allies and partners, with the goal of advancing the
strategic interests of the Russian Federation.
(2) One line of effort deployed as part of these
information warfare operations is the weaponization of
social media platforms with the goals of intensifying
societal tensions, undermining trust in governmental
institutions within the United States, its allies and
partners in the West, and generally sowing division,
fear, and confusion.
(3) These information warfare operations are a threat
to the national security of the United States and that
of the allies and partners of the United States. As
former Director of National Intelligence Dan Coats
stated, ``These actions are persistent, they are
pervasive and they are meant to undermine America's
democracy.''.
(4) These information warfare operations continue to
evolve and increase in sophistication.
(5) Other foreign adversaries and hostile non-state
actors are increasingly adopting similar tactics of
deploying information warfare operations against the
West, such as recent state-backed operations from China
around the Hong Kong protests identified by social
media companies.
(6) Technological advances, including artificial
intelligence, will only make it more difficult in the
future to detect fraudulent accounts, deceptive
material posted on social media, and malign behavior on
social media platforms.
(7) Because these information warfare operations are
deployed within and across private social media
platforms, the companies that own these platforms have
a responsibility to detect and facilitate the removal
or neutralization of foreign adversary networks
operating clandestinely on their platforms.
(8) The social media companies are inherently
technologically sophisticated and adept at rapidly
analyzing large amounts of data and developing
software-based solutions to diverse and ever-changing
challenges on their platforms, which makes them well-
equipped to address the threat occurring on their
platforms.
(9) Independent analyses confirmed Kremlin-linked
threat networks, based on data provided by several
social media companies to the Select Committee on
Intelligence of the Senate, thereby demonstrating that
it is possible to discern both broad patterns of cross-
platform information warfare operations and specific
fraudulent behavior on social media platforms.
(10) General Paul Nakasone, Director of the National
Security Agency, emphasized the importance of these
independent analyses to the planning and conducting of
military cyber operations to frustrate Kremlin-linked
information warfare operations against the 2018 mid-
term elections. General Nakasone stated that the
reports ``were very, very helpful in terms of being
able to understand exactly what our adversary was
trying to do to build dissent within our nation.''.
(11) Institutionalizing ongoing robust, independent,
and vigorous analysis of data related to foreign threat
networks within and across social media platforms will
help counter ongoing information warfare operations
against the United States, its allies, and its
partners.
(12) Archiving and disclosing to the public the
results of these analyses by the social media companies
and trusted third-party experts in a transparent manner
will serve to demonstrate that the social media
companies are detecting and removing foreign malign
activities from their platforms while protecting the
privacy of the people of the United States and will
build public understanding of the scale and scope of
these foreign threats to our democracy, since exposure
is one of the most effective means to build resilience.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the social media companies should cooperate among
themselves and with independent organizations and
researchers on a sustained and regular basis to share
and analyze data and indicators relevant to foreign
information warfare operations within and across their
platforms in order to detect and counter foreign
information warfare operations that threaten the
national security of the United States and its allies
and partners;
(2) information from law enforcement and the
intelligence community is also important in assisting
efforts by these social media companies to identify
foreign information warfare operations;
(3) these analytic efforts should be organized in
such a fashion as to meet the highest standards of
ethics, confidentiality, and privacy protection of the
people of the United States, while still allowing
timely research access to relevant data;
(4) these analytic efforts should be undertaken as
soon as possible to facilitate countering ongoing state
or state-backed foreign information warfare operations
and to aid in preparations for the United States
Presidential and congressional elections in 2020 and
beyond;
(5) the structure and operations of social media
companies make them well positioned to work with
independent organizations and researchers to address
foreign adversary threat networks within and across
their platforms, and these efforts could be conducted
without direct Government involvement, direction, or
regulation; and
(6) if the social media industry fails to take
sufficient action to address foreign adversary threat
networks operating within or across their platforms,
Congress would have to consider additional safeguards
for ensuring that this threat is effectively mitigated.
(c) Requirement to Facilitate Establishment of Social Media
Data and Threat Analysis Center.--
(1) Requirement.--Not later than June 1, 2021, the
Director of National Intelligence, in coordination with
the Secretary of Defense, shall facilitate, by grant or
contract or under an existing authority of the
Director, the establishment of a Social Media Data and
Threat Analysis Center with the functions described in
paragraph (2) at an independent, nonprofit
organization.
(2) Functions.--The functions described in this
paragraph are the following:
(A) Acting as a convening and sponsoring
authority for cooperative social media data
analysis of foreign threat networks involving
social media companies and third-party experts,
nongovernmental organizations, data
journalists, Federally funded research and
development centers, academic researchers,
traditional media, and international
counterparts, as appropriate.
(B) Facilitating analysis of foreign
influence operation, within and across the
individual social media platforms as well as
hacking and leaking campaigns, and other
tactics, and related unlawful activities that
fund or subsidize such operations.
(C) Developing processes to share information
from government entities on foreign influence
operations with the individual social media
companies to inform threat analysis, and
working with the Office of the Director of
National Intelligence as appropriate.
(D) Determining and making public criteria
for identifying which companies, organizations,
or researchers qualify for inclusion in the
activities of the Center, and inviting entities
that fit the criteria to join.
(E) Determining jointly with the social media
companies what data and metadata related to
indicators of foreign adversary threat networks
from their platforms and business operations
will be made available for access and analysis.
(F) Developing and making public the criteria
and standards that must be met for companies,
other organizations, and individual researchers
to access and analyze data relating to foreign
adversary threat networks within and across
social media platforms and publish or otherwise
use the results.
(G) Developing and making public the ethical
standards for investigation of foreign threat
networks and use of analytic results and for
protection of the privacy of the customers and
users of the social media platforms and of the
proprietary information of the social media
companies.
(H) Developing technical, contractual, and
procedural controls to prevent misuse of data,
including any necessary auditing procedures,
compliance checks, and review mechanisms.
(I) Developing and making public criteria and
conditions under which the Center shall share
information with the appropriate Government
agencies regarding threats to national security
from, or violations of the law involving,
foreign activities on social media platforms.
(J) Hosting a searchable archive aggregating
information related to foreign influence and
disinformation operations to build a collective
understanding of the threats and facilitate
future examination consistent with privacy
protections.
(K) Developing data standards to harmonize
the sharing of information pursuant to this
paragraph.
[(d) Reporting and Notifications.--The Director of the Center
shall--
[(1) not later than August 1, 2021, submit to
appropriate congressional committees a report on--
[(A) the estimated funding needs of the
Center for fiscal year 2021 and for subsequent
years;
[(B) such statutory protections from
liability as the Director considers necessary
for the Center, participating social media
companies, and participating third-party
analytical participants;
[(C) such statutory penalties as the Director
considers necessary to ensure against misuse of
data by researchers; and
[(D) such changes to the Center's mission to
fully capture broader unlawful activities that
intersect with, complement, or support
information warfare tactics; and
[(2) not less frequently than once each year, submit
to the Director of National Intelligence, the Secretary
of Defense, and the appropriate congressional
committees a report--
[(A) that assesses--
[(i) degree of cooperation and
commitment from the social media
companies to the mission of the Center;
and
[(ii) effectiveness of the Center in
detecting and facilitating the removal
or neutralization of clandestine
foreign information warfare operations
from social media platforms; and
[(B) includes such recommendations for
legislative or administrative action as the
Center considers appropriate to carry out the
functions of the Center.
[(e) Periodic Reporting to the Public.--The Director of the
Center shall--
[(1) once each quarter, make available to the public
a report on key trends in foreign influence and
disinformation operations, including any threats to
campaigns and elections, to inform the public of the
United States; and
[(2) as the Director considers necessary, provide
more timely assessments relating to ongoing
disinformation campaigns.
[(f) Foreign Malign Influence Campaigns on Social Media
Platforms Targeting Elections for Federal Office.--
[(1) Reports.--
[(A) Requirement.--Not later than 90 days
before the date of each regularly scheduled
general election for Federal office, the
Director of the Center shall submit to the
appropriate congressional committees a report
on foreign malign influence campaigns on and
across social media platforms targeting such
election.
[(B) Matters included.--Each report under
subparagraph (A) shall include an analysis of
the following:
[(i) The patterns, tools, and
techniques of foreign malign influence
campaigns across all platforms on
social media by a covered foreign
country targeting a regularly scheduled
general election for Federal office.
[(ii) Inauthentic accounts and
``bot'' networks across platforms,
including the scale to which such
accounts or networks exist, how
platforms currently act to remove such
accounts or networks, and what
percentage of such accounts or networks
have been removed during the period
covered by the report.
[(iii) The estimated reach and impact
of intentional or weaponized
disinformation by inauthentic accounts
and ``bot'' networks, including an
analysis of amplification by users and
algorithmic distribution.
[(iv) The trends of types of media
that are being used for dissemination
through foreign malign influence
campaigns, including machine-
manipulated media, and the intended
targeted groups.
[(C) Initial report.--Not later than August
1, 2021, the Director of the Center shall
submit to the appropriate congressional
committees a report under subparagraph (A)
addressing the regularly scheduled general
election for Federal office occurring during
2020.
[(D) Form.--Each report under this paragraph
shall be submitted in an unclassified form, but
may include a classified annex.
[(2) Briefings.--
[(A) Requirement.--Not later than 30 days
after the date on which the Director submits to
the appropriate congressional committees a
report under paragraph (1), the Director of
National Intelligence, in coordination with the
Secretary of Defense, the Secretary of Homeland
Security, and the Director of the Federal
Bureau of Investigation, shall provide to such
committees a briefing assessing threats from
foreign malign influence campaigns on social
media from covered countries to the regularly
scheduled general election for Federal office
covered by the report.
[(B) Matters to be included.--Each briefing
under subparagraph (A) shall include the
following:
[(i) The patterns, tools, and
techniques of foreign malign influence
campaigns across all platforms on
social media by a covered foreign
country targeting a regularly scheduled
general election for Federal office.
[(ii) An assessment of the findings
from the report for which the briefing
is provided.
[(iii) The activities and methods
used to mitigate the threats associated
with such findings by the Department of
Defense, the Department of Homeland
Security, or other relevant departments
or agencies of the Federal Government.
[(iv) The steps taken by departments
or agencies of the Federal Government
to cooperate with social media
companies to mitigate the threats
identified.]
[(g)] (d) Funding.--Of the amounts appropriated or otherwise
made available to the National Intelligence Program (as defined
in section 3 of the National Security Act of 1947 (50 U.S.C.
3003)) in fiscal year 2021 and 2022, the Director of National
Intelligence may use up to $30,000,000 to carry out this
section.
[(h)] (e) Definitions.--
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence
committees;
(B) the Committee on Armed Services, the
Committee on Appropriations, the Committee on
Homeland Security, the Committee on Foreign
Affairs, and the Committee on the Judiciary of
the House of Representatives; and
(C) the Committee on Armed Services, the
Committee on Appropriations, the Committee on
Homeland Security and Government Affairs, the
Committee on Foreign Relations, and the
Committee on the Judiciary of the Senate.
(2) Covered foreign country and foreign malign
influence.--The terms ``covered foreign country'' and
``foreign malign influence'' have the meanings given
those terms in section 119C of the National Security
Act of 1947 (50 U.S.C. 3059).
(3) Machine-manipulated media.--The term ``machine-
manipulated media'' has the meaning given that term in
section 5724.
* * * * * * *
TITLE LVII--REPORTS AND OTHER MATTERS
Subtitle A--Reports and Briefings
* * * * * * *
[SEC. 5717. ASSESSMENT OF HOMELAND SECURITY VULNERABILITIES ASSOCIATED
WITH CERTAIN RETIRED AND FORMER PERSONNEL OF THE
INTELLIGENCE COMMUNITY.
[(a) Assessment Required.--Not later than the date that is
120 days after submission of the report required under section
5703, and annually thereafter, the Director of National
Intelligence, in coordination with the Under Secretary of
Homeland Security for Intelligence and Analysis, the Director
of the Federal Bureau of Investigation, the Director of the
Central Intelligence Agency, and the Director of the Defense
Counterintelligence and Security Agency, shall submit to the
appropriate congressional committees an assessment of the
homeland security vulnerabilities associated with retired and
former personnel of the intelligence community providing
covered intelligence assistance.
[(b) Form.--The assessment under subsection (a) may be
submitted in classified form.
[(c) Definitions.--In this section:
[(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
[(A) the congressional intelligence
committees;
[(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
[(C) the Committee on Homeland Security of
the House of Representatives.
[(2) Covered intelligence assistance.--The term
``covered intelligence assistance'' has the meaning
given that term in section 5703.]
* * * * * * *
SUBDIVISION 2
* * * * * * *
TITLE LXIII--GENERAL INTELLIGENCE
COMMUNITY MATTERS
* * * * * * *
SEC. 6306. SUPPLY CHAIN AND COUNTERINTELLIGENCE RISK MANAGEMENT TASK
FORCE.
(a) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional intelligence committees.
(2) The Committee on Armed Services and the Committee
on Homeland Security and Governmental Affairs of the
Senate.
(3) The Committee on Armed Services, the Committee on
Homeland Security, and the Committee on Oversight and
Reform of the House of Representatives.
(b) Requirement to Establish.--The Director of National
Intelligence shall establish a Supply Chain and
Counterintelligence Risk Management Task Force to standardize
information sharing between the intelligence community and the
acquisition community of the United States Government with
respect to the supply chain and counterintelligence risks.
(c) Members.--The Supply Chain and Counterintelligence Risk
Management Task Force established under subsection (b) shall be
composed of--
(1) a representative of the Defense Security Service
of the Department of Defense;
(2) a representative of the General Services
Administration;
(3) a representative of the Office of Federal
Procurement Policy of the Office of Management and
Budget;
(4) a representative of the Department of Homeland
Security;
(5) a representative of the Federal Bureau of
Investigation;
(6) the Director of the [National Counterintelligence
and Security Center] National Counterintelligence
Center; and
(7) any other members the Director of National
Intelligence determines appropriate.
(d) Security Clearances.--Each member of the Supply Chain and
Counterintelligence Risk Management Task Force established
under subsection (b) shall have a security clearance at the top
secret level and be able to access sensitive compartmented
information.
(e) Annual Report.--The Supply Chain and Counterintelligence
Risk Management Task Force established under subsection (b)
shall submit to the appropriate congressional committees an
annual report that describes the activities of the Task Force
during the previous year, including identification of the
supply chain, cybersecurity, and counterintelligence risks
shared with the acquisition community of the United States
Government by the intelligence community.
* * * * * * *
TITLE LXV--ELECTION MATTERS
* * * * * * *
SEC. 6508. DESIGNATION OF COUNTERINTELLIGENCE OFFICER TO LEAD ELECTION
SECURITY MATTERS.
(a) In General.--The Director of National Intelligence shall
designate a national counterintelligence officer within the
[National Counterintelligence and Security Center] National
Counterintelligence Center to lead, manage, and coordinate
counterintelligence matters relating to election security.
(b) Additional Responsibilities.--The person designated under
subsection (a) shall also lead, manage, and coordinate
counterintelligence matters relating to risks posed by
interference from foreign powers (as defined in section 101 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801)) to the following:
(1) The Federal Government election security supply
chain.
(2) Election voting systems and software.
(3) Voter registration databases.
(4) Critical infrastructure related to elections.
(5) Such other Government goods and services as the
Director of National Intelligence considers
appropriate.
* * * * * * *
TITLE LXVII--REPORTS AND OTHER MATTERS
* * * * * * *
Subtitle B--Reports
* * * * * * *
[SEC. 6722. REPORTS AND BRIEFINGS ON NATIONAL SECURITY EFFECTS OF
GLOBAL WATER INSECURITY AND EMERGING INFECTIOUS
DISEASE AND PANDEMICS.
[(a) Global Water Insecurity.--
[(1) Report.--
[(A) In general.--Not later than 180 days
after the date of the enactment of this Act,
the Director of National Intelligence shall
submit to the congressional intelligence
committees, the Committee on Foreign Affairs of
the House of Representatives, and the Committee
on Foreign Relations of the Senate a report on
the implications of water insecurity on the
national security interests of the United
States, including consideration of social,
economic, agricultural, and environmental
factors.
[(B) Assessment scope and focus.--The report
submitted under subparagraph (A) shall include
an assessment of water insecurity described in
such subsection with a global scope, but focus
on areas of the world--
[(i) of strategic, economic, or
humanitarian interest to the United
States--
[(I) that are, as of the date
of the report, at the greatest
risk of instability, conflict,
human insecurity, or mass
displacement; or
[(II) where challenges
relating to water insecurity
are likely to emerge and become
significant during the 5-year
or the 20-year period beginning
on the date of the report; and
[(ii) where challenges relating to
water insecurity are likely to imperil
the national security interests of the
United States or allies of the United
States.
[(C) Consultation.--In researching the report
required by subparagraph (A), the Director
shall consult with--
[(i) such stakeholders within the
intelligence community, the Department
of Defense, and the Department of State
as the Director considers appropriate;
and
[(ii) such additional Federal
agencies and persons in the private
sector as the Director considers
appropriate.
[(D) Form.--The report submitted under
subparagraph (A) shall be submitted in
unclassified form, but may include a classified
annex.
[(2) Quinquennial briefings.--Beginning on the date
that is 5 years after the date on which the Director
submits the report under paragraph (1), and every 5
years thereafter, the Director shall provide to the
committees specified in such paragraph a briefing that
updates the matters contained in the report.
[(b) Emerging Infectious Disease and Pandemics.--
[(1) Report.--
[(A) In general.--Not later than 120 days
after the date of the enactment of this Act,
the Director of National Intelligence shall
submit to the appropriate congressional
committees a report on the anticipated
geopolitical effects of emerging infectious
disease (including deliberate, accidental, and
naturally occurring infectious disease threats)
and pandemics, and their implications on the
national security of the United States.
[(B) Contents.--The report under subparagraph
(A) shall include an assessment of--
[(i) the economic, social, political,
and security risks, costs, and impacts
of emerging infectious diseases on the
United States and the international
political and economic system;
[(ii) the economic, social,
political, and security risks, costs,
and impacts of a major transnational
pandemic on the United States and the
international political and economic
system; and
[(iii) contributing trends and
factors to the matters assessed under
clauses (i) and (ii).
[(C) Examination of response capacity.--In
examining the risks, costs, and impacts of
emerging infectious disease and a possible
transnational pandemic under subparagraph (B),
the Director of National Intelligence shall
also examine in the report under subparagraph
(A) the response capacity within affected
countries and the international system. In
considering response capacity, the Director
shall include--
[(i) the ability of affected nations
to effectively detect and manage
emerging infectious diseases and a
possible transnational pandemic;
[(ii) the role and capacity of
international organizations and
nongovernmental organizations to
respond to emerging infectious disease
and a possible pandemic, and their
ability to coordinate with affected and
donor nations; and
[(iii) the effectiveness of current
international frameworks, agreements,
and health systems to respond to
emerging infectious diseases and a
possible transnational pandemic.
[(2) Annual briefings.--Beginning on the date that is
5 years after the date on which the Director submits
the report under paragraph (1), and every 5 years
thereafter, the Director shall provide to the
congressional intelligence committees a briefing that
updates the matters contained in the report required
under paragraph (1).
[(3) Form.--The report under paragraph (1) and the
briefings under paragraph (2) may be classified.
[(4) Appropriate congressional committees defined.--
In this subsection, the term ``appropriate
congressional committees'' means--
[(A) the congressional intelligence
committees;
[(B) the Committee on Foreign Affairs, the
Committee on Armed Services, the Committee on
Energy and Commerce, and the Committee on
Appropriations of the House of Representatives;
and
[(C) the Committee on Foreign Relations, the
Committee on Armed Services, the Committee on
Health, Education, Labor, and Pensions, and the
Committee on Appropriations of the Senate.]
* * * * * * *
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CENTRAL INTELLIGENCE AGENCY ACT OF 1949
* * * * * * *
appropriations
Sec. 8. (a) Notwithstanding any other provisions of law, sums
made available to the Agency by appropriation or otherwise may
be expended for purposes necessary to carry out its functions,
including--
(1) personal services, including personal services
without regard to limitations on types of persons to be
employed, and rent at the seat of government and
elsewhere; health-service program as authorized by law
(5 U.S.C. 150);payment of death benefits in cases in
which the circumstances of the death of an employee of
the Agency, a detailee of the Agency or other employee
of another department or agency of the Federal
Government assigned to the Agency, or an individual
affiliated with the Agency (as determined by the
Director), is not covered by section 11, other similar
provisions of Federal law, or any regulation issued by
the Director providing death benefits, but that the
Director determines such payment appropriate; rental of
news-reporting services; purchase or rental and
operation of photographic, reproduction, cryptographic,
duplication and printing machines, equipment and
devices, and radio-receiving and radio-sending
equipment and devices, including telegraph and teletype
equipment; purchase, maintenance, operation, repair,
and hire of passenger motor vehicles, and aircraft, and
vessels of all kinds; subject to policies established
by the Director, transportation of officers and
employees of the Agency in Government-owned automotive
equipment between their domiciles and places of
employment, where such personnel are engaged in work
which makes such transportation necessary, and
transportation in such equipment, to and from school,
of children of Agency personnel who have quarters for
themselves and their families at isolated stations
outside the continental United States where adequate
public or private transportation is not available;
printing and binding; purchase, maintenance, and
cleaning of firearms, including purchase, storage, and
maintenance of ammunition; subject to policies
established by the Director, expenses of travel in
connection with, and expenses incident to attendance at
meetings of professional, technical, scientific, and
other similar organizations when such attendance would
be a benefit in the conduct of the work of the Agency;
association and library dues; payment of premiums or
costs of surety bonds for officers or employees without
regard to the provisions of 61 Stat. 646; 6 U.S.C. 14;
payment of claims pursuant to 28 U.S.C.; acquisition of
necessary land and the clearing of such land;
construction of buildings and facilities without regard
to 36 Stat. 699; 40 U.S.C. 259, 267; repair, rental,
operation, and maintenance of buildings, utilities,
facilities, and appurtenances; and
(2) supplies, equipment, and personnel and
contractual services otherwise authorized by law and
regulations, when approved by the Director.
(b) The sums made available to the Agency may be expended
without regard to the provisions of law and regulations
relating to the expenditure of Government funds; and for
objects of a confidential, extraordinary, or emergency nature,
such expenditures to be accounted for solely on the certificate
of the Director and every such certificate shall be deemed a
sufficient voucher for the amount therein certified.
(c) Notification.--[Not later than] (1) Not later than 30
days after the date on which the Director makes a novel and
significant expenditure pursuant to subsection (a), the
Director shall notify the Permanent Select Committee on
Intelligence of the House of Representatives, the Select
Committee on Intelligence of the Senate, the Subcommittee on
Defense of the Committee on Appropriations of the Senate, and
the Subcommittee on Defense of the Committee on Appropriations
of the House of Representatives of such expenditure.
(2)(A) Not later than 180 days after the date of the
enactment of the Intelligence Authorization Act for Fiscal Year
2026, the Director shall issue written guidance to ensure the
timely identification and reporting of novel and significant
expenditures in accordance with this subsection. Such guidance
shall--
(i) establish a definition of a novel and significant
expenditure for purposes of this subsection;
(ii) define internal procedures to evaluate
expenditures to determine if such expenditures are
novel and significant using the definition established
pursuant to clause (i); and
(iii) require timely congressional notification in
accordance with this subsection.
(B) The Director shall regularly review and update the
guidance issued under this paragraph as appropriate.
(C) Not later than 60 days after the date on which the
initial guidance is issued under this paragraph and not later
than 60 days after the date on which any material revisions to
such guidance take effect, the Director shall provide a
briefing to the committees specified in paragraph (1) with
respect to such guidance or such material revisions.
* * * * * * *
security personnel at agency installations
Sec. 15. (a)(1) The Director may authorize Agency personnel
within the United States to perform the same functions as
officers and agents of the Department of Homeland Security, as
provided in section 1315(b)(2) of title 40, United States Code,
with the powers set forth in that section, except that such
personnel shall perform such functions and exercise such
powers--
(A) within the Agency Headquarters [Compound]
Installation and the property controlled and occupied
by the Federal Highway Administration located
immediately adjacent to such [Compound] Installation;
(B) in the streets, sidewalks, and the open areas
within the zone beginning at the outside boundary of
such [Compound] Installation and property and extending
outward 500 yards;
(C) within any other Agency installation and
protected property;
(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
(E) in the streets, sidewalks, and open areas within
the zone beginning at the outside boundary of any
installation or property referred to in subparagraph
(C) or (D) and extending outward 500 yards.
(2) The performance of functions and exercise of powers under
subparagraph (B) or (E) of paragraph (1) shall be limited to
those circumstances where such personnel can identify specific
and articulable facts giving such personnel reason to believe
that the performance of such functions and exercise of such
powers is reasonable to protect against physical damage or
injury, or threats of physical damage or injury, to Agency
installations, property, or employees.
(3) Nothing in this subsection shall be construed to
preclude, or limit in any way, the authority of any Federal,
State, or local law enforcement agency, or any other Federal
police or Federal protective service.
(4) The rules and regulations enforced by such personnel
shall be the rules and regulations prescribed by the Director
and shall only be applicable to the areas referred to in
subparagraph (A), (C), or (D) of paragraph (1).
(b) The Director is authorized to establish penalties for
violations of the rules or regulations promulgated by the
Director under subsection (a) of this section. Such penalties
shall not exceed the maximum penalty authorized for a Class B
misdemeanor under section 3559 of title 18, United States Code.
(c) Agency personnel designated by the Director under
subsection (a) of this section shall be clearly identifiable as
United States Government security personnel while engaged in
the performance of the functions to which subsection (a) of
this section refers.
(d)(1) Notwithstanding any other provision of law, any Agency
personnel designated by the Director under subsection (a), or
designated by the Director to carry firearms under subparagraph
(D) or (E) of section 5(a)(4), shall be considered for purposes
of chapter 171 of title 28, United States Code, or any other
provision of law relating to tort liability, to be acting
within the scope of their office or employment when such Agency
personnel take reasonable action, which may include the use of
force, to--
(A) protect an individual in the presence of such
Agency personnel from a crime of violence;
(B) provide immediate assistance to an individual who
has suffered or who is threatened with bodily harm; or
(C) prevent the escape of any individual whom such
Agency personnel reasonably believe to have committed a
crime of violence in the presence of such Agency
personnel.
(2) Paragraph (1) shall not affect the authorities of the
Attorney General under section 2679 of title 28, United States
Code.
(3) In this subsection, the term ``crime of violence'' has
the meaning given that term in section 16 of title 18, United
States Code.
SEC. 15A. AUTHORITY REGARDING UNMANNED AIRCRAFT SYSTEMS.
(a) Authority to Intercept.--Notwithstanding sections 32,
2511(f), or 3121(a) of title 18, United States Code, the
Director may take, and may authorize personnel of the Agency
with assigned duties under section 15 that include the security
or protection of people, facilities, or assets within the
United States to take, the actions described in subsection
(b)(1) to mitigate a credible threat to safety or security
posed by an unmanned aircraft system in the airspace above any
specially designated property.
(b) Authorized Actions.--
(1) Actions described to ensure safety and
security.--The actions described in this paragraph are
the following:
(A) During the operation of the unmanned
aircraft system, detect, identify, monitor, and
track the unmanned aircraft system, without
prior consent, including by means of intercept
or other access of a wire communication, an
oral communication, or an electronic
communication, used to control the unmanned
aircraft system.
(B) Warn the operator of the unmanned
aircraft system, including by passive or
active, and by direct or indirect, physical,
electronic, radio, and electromagnetic means.
(C) Disrupt control of the unmanned aircraft
system, without prior consent, including by
disabling the unmanned aircraft system by
intercepting, interfering, or causing
interference with wire, oral, electronic, or
radio communications used to control the
unmanned aircraft system.
(D) Seize or exercise control of the unmanned
aircraft system.
(E) Seize or otherwise confiscate the
unmanned aircraft system.
(F) Use reasonable force, if necessary, to
disable, damage, or destroy the unmanned
aircraft system.
(2) Limitation on actions.--
(A) Duration.--In carrying out subsection
(a), the Director may take an action described
in paragraph (1) only for the period necessary
to mitigate the threat to safety or security
identified in subsection (a).
(B) Compliance.--In carrying out subsection
(a), the Director shall comply with the
guidance developed under subsection (c).
(c) Guidance.--
(1) Development.--The Director shall develop guidance
for carrying out actions described in subsection (b)(1)
and conducting research, testing, training, and
evaluation under subsection (e) in coordination with
the Secretary of Transportation and the Administrator
of the Federal Aviation Administration to ensure that
any such use of a system does not adversely affect or
interfere with the safety and efficiency of the
national airspace system.
(2) Contact requirement.--The guidance under
paragraph (1) shall include a requirement that the
Director contact the Administrator of the Federal
Aviation Administration through the appropriate channel
before carrying out an action described in subsection
(b)(1) or conducting research, testing, training, and
evaluation under subsection (e).
(3) Updates.--On an annual basis, the Director, in
coordination with the Secretary of Transportation and
the Administrator of the Federal Aviation
Administration, shall review the guidance developed
under paragraph (1) and make any necessary updates.
(d) Forfeiture.--Any unmanned aircraft system described in
subsection (a) that is seized by the Director is subject to
forfeiture to the United States.
(e) Research, Testing, Training, and Evaluation.--The
Director may, consistent with section 105(g) of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(g)),
other Federal laws, and Presidential directives, conduct
research, testing, training on, and evaluation of any
equipment, including any electronic equipment, to determine the
capability and utility of the equipment prior to the use of the
equipment for any action described in subsection (b)(1).
(f) Notifications.--
(1) Department of justice notification.--Not later
than 15 days after the date on which the Director
carries out an action described in subsection (b)(1),
the Director shall notify the Attorney General of such
action.
(2) Congressional notification.--Not later than 90
days after the date on which the Director carries out
an action described in subsection (b)(1), the Director
shall submit to the appropriate congressional
committees a notification of such action. Such
notification shall include a description of--
(A) the action taken;
(B) options considered by the Director to
mitigate any identified effects to the national
airspace system relating to such action,
including the minimization of the use of any
technology that disrupts the transmission of
radio or electronic signals; and
(C) whether any records or materials were
transferred to the Attorney General pursuant to
subparagraph (A) of subsection (g)(3),
including the purpose of such transfer under
subparagraph (B) of such subsection.
(g) Maintenance of Materials.--
(1) Limit.--Except as provided by paragraph (3), in
carrying out an action described in subsection (b)(1),
the Director may maintain records containing or
regarding the content and dialing, signaling, routing,
and addressing information associated with wire
communications, oral communications, electronic
communications, and radio communications, and may
maintain parts or the whole of an unmanned aircraft
system, only if such maintenance--
(A) is for the purpose of mitigating the
threat to safety or security of persons; and
(B) does not exceed the period the Director
determines necessary or 30 days, whichever is
shorter.
(2) Destruction.--Except as provided by paragraph
(3), the Director shall destroy any records or
materials maintained under paragraph (1) at the end of
the period specified in paragraph (1).
(3) Exception.--
(A) Transfer.--If the Attorney General
determines that the maintenance of records or
parts or the whole of an unmanned aircraft
system under paragraph (1) is necessary for a
longer period than authorized under such
paragraph for a purpose described in
subparagraph (B) of this paragraph, the
Director shall transfer the records or parts or
the whole of an unmanned aircraft system, as
the case may be, to the Attorney General. The
Attorney General shall--
(i) maintain the records or parts or
the whole of an unmanned aircraft
system for such purpose; and
(ii) destroy the records or parts or
the whole of an unmanned aircraft
system once such purpose no longer
applies.
(B) Purpose described.--A purpose described
in this subparagraph is any of the following:
(i) The investigation or prosecution
of a violation of law.
(ii) To comply with another provision
of Federal law.
(iii) An obligation to preserve
materials during the course of
litigation.
(4) Certifications.--
(A) Agency.--Each time the Director carries
out an action described in subsection (b)(1),
the Director shall certify that the Director is
in compliance with paragraphs (1) and (2) of
this subsection. The Director may only delegate
the authority to make such certification to--
(i) the General Counsel or the
Principal Deputy General Counsel; or
(ii) the Director of Operations or
the Deputy Director of Operations.
(B) Department of justice.--Each time the
Attorney General receives a transfer of records
or parts or the whole of an unmanned aircraft
system under paragraph (3), the Attorney
General shall certify the date and purpose of
the transfer and a description of the records
or parts or the whole of an unmanned aircraft
system.
(C) Retention.--Each certification made under
subparagraph (A) or (B) shall be retained by
the Director or the Attorney General,
respectively, for a period of at least seven
years.
(h) Rule of Construction.--Nothing in this section may be
construed as--
(1) affecting the authorities described in section
105(g) of the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1805(g));
(2) vesting in the Director any authority of the
Secretary of Transportation or the Administrator of the
Federal Aviation Administration; or
(3) vesting in the Secretary or Administrator any
authority of the Director.
(i) Budget.--The Director shall submit to the congressional
intelligence committees, as a part of the budget requests of
the Agency for each fiscal year after fiscal year 2026, a
consolidated funding display that identifies the funding source
for the actions described in subsection (b)(1) within the
Agency. The funding display shall be in unclassified form, but
may contain a classified annex.
(j) Specially Designated Properties.--
(1) List.--Specially designated properties covered by
this section are properties listed in the classified
annex accompanying the Intelligence Authorization Act
for Fiscal Year 2026, or any subsequent Intelligence
Authorization Act, that meet the criteria described in
paragraph (3).
(2) Proposed modifications.--On an annual basis, the
Director shall submit to the appropriate congressional
committees proposed modifications to the list of
specially designated properties under paragraph (1)
based on properties that meet the criteria described in
paragraph (3).
(3) Criteria described.--The criteria described in
this paragraph are the following:
(A) The property consists of premises owned,
leased, or controlled by the Agency or the
Office of the Director of National Intelligence
plus a designated perimeter adjacent to the
premises.
(B) The property is identified by the
Director, in coordination, with respect to
potentially impacted airspace, with the
Secretary of Transportation, through a risk-
based assessment, as high-risk and a potential
target for unlawful unmanned aircraft system-
related activity.
(C) The property is located in the United
States and is beneath airspace that is
restricted by a temporary flight restriction, a
determination under section 2209 of the FAA
Extension, Safety, and Security Act of 2016 (49
U.S.C. 44802 note), or any other similar
restriction determined appropriate by the
Secretary of Transportation.
(D) The property directly relates to one or
more functions authorized to be performed by
the Agency under this Act or the National
Security Act of 1947 (50 U.S.C. 3001 et seq.).
(4) Access.--The chairmen and ranking minority
members of the appropriate congressional committees
specified in subsection (l)(1)(B) shall have access to
the list of specially designated properties under
paragraph (1), and each chairman and ranking minority
member may designate one staff member of such
committees who holds the appropriate security clearance
to have such access.
(k) Termination.--The authority to carry out this section
shall terminate on December 31, 2029.
(l) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
following:
(A) The Permanent Select Committee on
Intelligence of the House of Representatives
and the Select Committee on Intelligence of the
Senate.
(B) The Committee on Transportation and
Infrastructure of the House of Representatives
and the Committee on Commerce, Science, and
Transportation of the Senate.
(2) Radio communication.--The term ``radio
communication'' has the meaning given that term in
section 3 of the Communications Act of 1934 (47 U.S.C.
153).
(3) Title 18 terms.--The terms ``electronic
communication'', ``intercept'', ``oral communication'',
and ``wire communication'' have the meanings given
those terms in section 2510 of title 18, United States
Code.
(4) United states.--The term ``United States'' has
the meaning given that term in section 5 of title 18,
United States Code.
(5) Unmanned aircraft system.--The term ``unmanned
aircraft system'' has the meaning given the term in
section 44801 of title 49, United States Code.
* * * * * * *
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TITLE 10, UNITED STATES CODE
* * * * * * *
SUBTITLE A--GENERAL MILITARY LAW
* * * * * * *
PART I--ORGANIZATION AND GENERAL MILITARY POWERS
* * * * * * *
CHAPTER 21--DEPARTMENT OF DEFENSE INTELLIGENCE
MATTERS
* * * * * * *
SUBCHAPTER I--GENERAL MATTERS
* * * * * * *
Sec. 430e. Requirement to avoid duplication in purchase of commercially
available information
(a) Requirement for Review Prior to Purchase.--Except as
provided in subsection (b), a defense intelligence component
may not purchase commercially available information until the
head of such component determines the information intended to
be purchased is not already available for use by such component
from another defense intelligence component.
(b) Exception.--(1) The Under Secretary of Defense for
Intelligence and Security may authorize a defense intelligence
component to purchase information otherwise prohibited by
subsection (a)--
(A) if the purchase is for the purpose of ensuring
the quality and veracity of other information purchased
or the performance of a vendor;
(B) to obtain a sample of information to determine
whether the information would be duplicative of other
information already available to the component;
(C) to maintain operational security of authorized
activities of the Department of Defense; or
(D) if enforcing the prohibition would pose a
significant harm to national security or intelligence
activities.
(2) Not later than 30 days after the Under Secretary of
Defense for Intelligence and Security authorizes the purchase
of information pursuant to paragraph (1), the Under Secretary
shall submit to the congressional defense committees, the
Select Committee on Intelligence of the Senate, and the
Permanent Select Committee on Intelligence of the House of
Representatives notice of the authorization, including a
description of the information authorized to be purchased and
an identification of the exception in subparagraph (A), (B),
(C), or (D) of paragraph (1) that the Under Secretary applied
to authorize such purchase.
(c) Commercially Available Information Defined.--In this
section, the term ``commercially available information'' has
the meaning given that term in section 601 of the Intelligence
Authorization Act for Fiscal Year 2026.
Sec. 430f. Oversight and deconfliction of vendor support to clandestine
activities
(a) Oversight Capability.--The Secretary of Defense shall
establish, maintain, and continuously update a secure
capability to facilitate oversight, deconfliction, and risk
assessments of all commercial vendor support to the Department
of Defense for clandestine activities, including support
provided by subcontractors.
(b) Exclusions.--Notwithstanding subsection (a), if the
Secretary of Defense determines that information concerning a
commercial vendor should not be made available for use by the
capability required by subsection (a) due to operational,
counterintelligence, or other national security concerns, the
Secretary--
(1) may exclude such information from use by the
capability required by subsection (a); and
(2) not later than 7 days after making a
determination that such information should not be made
available for use by such capability, shall submit to
the congressional defense committees, the Select
Committee on Intelligence of the Senate, and the
Permanent Select Committee on Intelligence of the House
of Representatives notice of the determination that
includes--
(A) the type or category of vendor that is
the subject of such information;
(B) with respect to such vendor, a synopsis
of the contract and the scope of work involved;
and
(C) the rationale for excluding such
information from use by the capability.
(c) Deconfliction.--The Secretary of Defense shall ensure the
capability required by subsection (a) is used to--
(1) deconflict the use of commercial vendors in
support of clandestine activities of the Department of
Defense; and
(2) assess operational risk and counterintelligence
exposure attributable to the use of commercial vendors
in support of clandestine activities of the Department
of Defense.
(d) Clandestine Activity Defined.--In this section, the term
``clandestine activity'' means any activity where it is
intended that the role of the United States Government will not
be apparent or acknowledged publicly.
* * * * * * *
----------
INTELLIGENCE AUTHORIZATION ACT
FOR FISCAL YEAR 2023
* * * * * * *
DIVISION F--INTELLIGENCE AUTHORIZATION ACT
FOR FISCAL YEAR 2023
* * * * * * *
TITLE LXIV--MATTERS RELATING TO ELEMENTS OF
THE INTELLIGENCE COMMUNITY
* * * * * * *
Subtitle D--Other Elements
* * * * * * *
[SEC. 6432. 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, the Committee on Appropriations of the
Senate, and the Committee on Appropriations of the House of
Representatives 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 5 years after the date of the first meeting of the Board.]
* * * * * * *
TITLE LXV--MATTERS RELATING TO FOREIGN COUNTRIES
* * * * * * *
Subtitle B--Miscellaneous Authorities,
Requirements, and Limitations
* * * * * * *
SEC. 6512. INTELLIGENCE COMMUNITY COORDINATOR FOR RUSSIAN ATROCITIES
ACCOUNTABILITY.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence
committees;
(B) the Subcommittee on Defense of the
Committee on Appropriations of the Senate; and
(C) the Subcommittee on Defense of the
Committee on Appropriations of the House of
Representatives.
(2) Atrocity.--The term ``atrocity'' means a war
crime, crime against humanity, or genocide.
(3) Commit.--The term ``commit'', with respect to an
atrocity, includes the planning, committing, aiding,
and abetting of such atrocity.
(4) Foreign person.--The term ``foreign person''
means a person that is not a United States person.
(5) Russian atrocity.--The term ``Russian atrocity''
means an atrocity that is committed by an individual
who is--
(A) a member of the armed forces, or the
security or other defense services, of the
Russian Federation;
(B) an employee of any other element of the
Russian Government; or
(C) an agent or contractor of an individual
specified in subparagraph (A) or (B).
(6) United states person.--The term ``United States
person'' has the meaning given that term in section
105A(c) of the National Security Act of 1947 (50 U.S.C.
3039).
(b) Intelligence Community Coordinator for Russian Atrocities
Accountability.--
(1) Designation.--Not later than 30 days after the
date of the enactment of this Act, the Director of
National Intelligence shall designate a senior official
of the Office of the Director of National Intelligence
to serve as the intelligence community coordinator for
Russian atrocities accountability (in this section
referred to as the ``Coordinator'').
(2) Duties.--The Coordinator shall oversee the
efforts of the intelligence community relating to the
following:
(A) Identifying, and (as appropriate)
disseminating within the United States
Government, intelligence relating to the
identification, location, or activities of
foreign persons suspected of playing a role in
committing Russian atrocities in Ukraine,
including with respect to the forcible transfer
and deportation of Ukrainian children.
(B) Identifying analytic and other
intelligence needs and priorities of the
intelligence community with respect to the
commitment of such Russian atrocities.
(C) Addressing any gaps in intelligence
collection relating to the commitment of such
Russian atrocities and developing
recommendations to address any gaps so
identified, including by recommending the
modification of the priorities of the
intelligence community with respect to
intelligence collection.
(D) Collaborating with appropriate
counterparts across the intelligence community
to ensure appropriate coordination on, and
integration of the analysis of, the commitment
of such Russian atrocities.
(E) Identifying intelligence and other
information that may be relevant to preserve
evidence of potential war crimes by Russia,
consistent with the public commitments of the
United States to support investigations into
the conduct of Russia.
(F) Ensuring the Atrocities Early Warning
Task Force and other relevant departments and
agencies of the United States Government
receive appropriate support from the
intelligence community with respect to the
collection, analysis, preservation, and, as
appropriate, dissemination, of intelligence
related to Russian atrocities in Ukraine.
(3) Plan required.--Not later than 30 days after the
date of enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees
of Congress--
(A) the name of the official designated as
the Coordinator pursuant to paragraph (1); and
(B) the strategy of the intelligence
community for the collection of intelligence
related to Russian atrocities in Ukraine,
including a detailed description of how the
Coordinator shall support, and assist in
facilitating the implementation of, such
strategy.
(4) Annual report to congress.--
(A) Reports required.--Not later than May 1,
2023, and annually thereafter until May 1,
[2026] 2028, the Director of National
Intelligence shall submit to the appropriate
committees of Congress a report detailing, for
the year covered by the report--
(i) the analytical findings and
activities of the intelligence
community with respect to Russian
atrocities in Ukraine; and
(ii) the recipients of information
shared pursuant to this section for the
purpose of ensuring accountability for
such Russian atrocities, and the date
of any such sharing.
(B) Form.--Each report submitted under
subparagraph (A) may be submitted in classified
form, consistent with the protection of
intelligence sources and methods.
(C) Supplement.--The Director of National
Intelligence may supplement an existing
reporting requirement with the information
required under subparagraph (A) on an annual
basis to satisfy that requirement with prior
notification of intent to do so to the
appropriate committees of Congress.
(c) Sunset.--This section shall cease to have effect on [the
date that is 4 years after the date of the enactment of this
Act.] December 31, 2028. The Director and Coordinator shall
carry out this section before such date regardless of any
ceasefire or cessation of armed hostilities by Russia in
Ukraine occurring before such date.
* * * * * * *
TITLE LXVII--MATTERS RELATING TO
EMERGING TECHNOLOGIES
* * * * * * *
Subtitle B--Improvements Relating to Procurement
* * * * * * *
SEC. 6715. PLAN TO EXPAND SENSITIVE COMPARTMENTED INFORMATION FACILITY
ACCESS BY CERTAIN CONTRACTORS; REPORTS ON EXPANSION
OF SECURITY CLEARANCES FOR CERTAIN CONTRACTORS.
(a) Plan; Briefing.--
(1) In general.--Not later than 180 days after the
date of the date of enactment of this Act, the Director
of National Intelligence, in consultation with the
Secretary of Defense and the heads of such other
elements of the intelligence community as the Director
of National Intelligence may determine appropriate,
shall--
(A) develop a plan to expand access by
contractors of small emerging technology
companies to sensitive compartmented
information facilities for the purpose of
providing such contractors with a facility to
securely perform work; and
(B) provide to the congressional intelligence
committees, the Committee on Armed Services and
the Committee on Appropriations of the Senate,
and the Committee on Armed Services and the
Committee on Appropriations of the House of
Representatives a briefing on such plan.
(2) Matters.--The plan under paragraph (1) shall
include the following:
(A) An overview of the existing sensitive
compartmented information facilities, if any,
that may be available for the purpose specified
in paragraph (1).
(B) An assessment of the feasibility of
building additional sensitive compartmented
information facilities for such purpose.
(C) An assessment of the relative costs and
benefits of repurposing existing, or building
additional, sensitive compartmented information
facilities for such purpose.
(D) The eligibility criteria for determining
which contractors under this section may be
granted access to sensitive compartmented
information facilities for such purpose.
(E) An estimate of the maximum number of
contractors that may be provided access to
sensitive compartmented information facilities
for such purpose, taking into account the
matters specified in subparagraphs (A) and (B).
(F) Policies to ensure the efficient and
narrow use of sensitive compartmented
information facilities for such purpose,
including a timeline for the length of such use
by a contractor under this section and a
detailed description of the process to
terminate access to the sensitive compartmented
information facility by such contractor upon--
(i) the expiration of the contract or
agreement of the contractor; or
(ii) a determination that the
contractor no longer has a need for
such access to fulfill the terms of
such contract or agreement.
(G) Pricing structures for the use of
sensitive compartmented information facilities
by contractors for the purpose specified in
paragraph (1). Such pricing structures--
(i) may include free use (for the
purpose of incentivizing future
contracts), with the potential for
pricing to increase dependent on the
length of the contract or agreement,
the size of the contractor, and the
need for such use; and
(ii) shall ensure that the cumulative
cost for a contractor to rent and
independently certify a sensitive
compartmented information facility for
such purpose does not exceed the market
average for the Director of National
Intelligence or the Secretary of
Defense to build, certify, and maintain
a sensitive compartmented information
facility.
(H) A security plan for vetting each
contractor prior to the access of a sensitive
compartmented information facility by the
contractor for the purpose specified in
paragraph (1), and an assessment of potential
security concerns regarding such access.
(I) A proposed timeline for the expansion of
access to sensitive compartmented information
facilities in accordance with paragraph (1).
(J) Such other matters as the Director of
National Intelligence or the Secretary of
Defense considers relevant to such expansion.
(b) Eligibility Criteria for Contractors.--Unless the
Director of National Intelligence determines the source of the
financing of a contractor poses a national security risk, such
source of financing may not be taken into consideration in
making a determination as to the eligibility of the contractor
in accordance with subsection (a)(2)(D).
[(c) Reports on Expansion of Security Clearances for Certain
Contractors.--
[(1) Reports.--Not later than 180 days after the date
of the enactment of this Act, and annually thereafter
for 3 years, the Director of National Intelligence and
the Secretary of Defense shall jointly submit to the
congressional intelligence committees, the Committee on
Armed Services of the Senate, and the Committee on
Armed Services of the House of Representatives a report
on the extent to which security clearance requirements
delay, limit, or otherwise disincentivize emerging
technology companies from entering into contracts with
the United States Government.
[(2) Matters.--Each report under paragraph (1) shall
include the following:
[(A) Statistics on the periods of time
between the submission of applications for
security clearances by employees of emerging
technology companies and the grant of such
security clearances, disaggregated by the size
of the respective company.
[(B) The number of security clearances
granted to employees of small emerging
technology companies during the period covered
by the report.
[(C) The number of applications for security
clearances submitted by employees of emerging
technology companies that have yet to be
adjudicated as of the date on which the report
is submitted.
[(D) A projection, for the year following the
date on which the report is submitted, of the
number of security clearances necessary for
employees of emerging technology companies to
perform work on behalf of the intelligence
community during such year, and an assessment
of the capacity of the intelligence community
to meet such demand.
[(E) An identification of each occurrence,
during the period covered by the report, in
which an emerging technology company withdrew
from or declined to accept a contract with the
United States Government on the sole basis of
delays, limitations, or other issues involving
security clearances, and a description of the
types of business the United States Government
has lost as a result of such occurrences.
[(F) Recommendations for expediting the grant
of security clearances to employees of emerging
technology companies, including with respect to
any additional resources, authorities, or
personnel that the Director of National
Intelligence determines may be necessary for
such expedition.
[(3) Form.--Each report under paragraph (1) may be
submitted in classified form, but if so submitted shall
include an unclassified executive summary.]
[(d)] (c) Proposal Concurrent With Budget Submission.--At the
time that the President submits to Congress the budget for
fiscal year 2024 pursuant to section 1105 of title 31, United
States Code, the Director of National Intelligence shall submit
to the congressional intelligence committees a proposal to
improve the capacity of the workforce responsible for the
investigation and adjudication of security clearances, with the
goal of reducing the period of time specified in subsection
(c)(2)(A) to fewer than 60 days. Such proposal shall include an
identification of any resources the Director of National
Intelligence determines necessary to expand the number of
individuals authorized to conduct polygraphs on behalf of the
intelligence community, including by furnishing necessary
training to such individuals.
[(e)] (d) Applicability.--The plan, briefing, reports, and
proposal required by this section shall apply only with respect
to the intelligence community and the Department of Defense.
* * * * * * *
----------
DEPARTMENT OF ENERGY ORGANIZATION ACT
* * * * * * *
TITLE II--ESTABLISHMENT OF THE DEPARTMENT
* * * * * * *
office of intelligence and counterintelligence
Sec. 215. (a) Definitions.--In this section, the terms
``intelligence community'' and ``National Intelligence
Program'' have the meanings given such terms in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003).
(b) In General.--There is in the Department an Office of
Intelligence and Counterintelligence. Such office shall be
under the National Intelligence Program.
(c) Director.--(1) The head of the Office shall be the
Director of the Office of Intelligence and Counterintelligence,
who shall be an employee in the Senior Executive Service, the
Senior Intelligence Service, the Senior National Intelligence
Service, or any other Service that the Secretary, in
coordination with the Director of National Intelligence,
considers appropriate. The Director of the Office shall report
directly to the Secretary.
(2) The Secretary shall select an individual to serve as the
Director from among individuals who have substantial expertise
in matters relating to the intelligence community, including
foreign intelligence and counterintelligence.
(d) Duties.--(1) Subject to the authority, direction, and
control of the Secretary, the Director shall perform such
duties and exercise such powers as the Secretary may prescribe.
(2) The Director shall be responsible for establishing policy
for intelligence and counterintelligence programs and
activities at the Department.
(3) The Director shall develop and implement--
(A) a plan and cost assessment for delineated and
standardized counterintelligence training for all
personnel who interact with classified and sensitive
military technology and dual-use commercial technology
in the Department; and
(B) a delineated and standardized training plan to
train officers in the Office of Intelligence and
Counterintelligence who have counterintelligence
responsibilities on counterintelligence skills and
practices.
(4) The Director shall develop and implement requirements for
all personnel of the Department of Energy that--
(A) require such personnel to--
(i) report to the Office any personal or
official travel to a country of risk (as
defined in section 6432(a) of the Intelligence
Authorization Act for Fiscal Year 2025 (42
U.S.C. 7144b note)) or any other country the
Director considers appropriate prior to
beginning such travel;
(ii) at the request of personnel of the
Office, receive briefings with respect to
travel to such a country prior to beginning
such travel; and
(iii) at the request of personnel of the
Office, participate in debriefings after travel
to such a country; and
(B) prohibit bringing an electronic device provided
by the Department of Energy or that can access
Department of Energy non-public systems or data to such
a country unless travel to such country with such
electronic device is approved by the Director.
* * * * * * *
----------
NATIONAL SECURITY INTELLIGENCE REFORM ACT OF 2004
* * * * * * *
TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY
* * * * * * *
Subtitle E--Additional Improvements of
Intelligence Activities
* * * * * * *
[SEC. 1052. OPEN-SOURCE INTELLIGENCE.
[(a) Sense of Congress.--It is the sense of Congress that--
[(1) the Director of National Intelligence should
establish an intelligence center for the purpose of
coordinating the collection, analysis, production, and
dissemination of open-source intelligence to elements
of the intelligence community;
[(2) open-source intelligence is a valuable source
that must be integrated into the intelligence cycle to
ensure that United States policymakers are fully and
completely informed; and
[(3) the intelligence center should ensure that each
element of the intelligence community uses open-source
intelligence consistent with the mission of such
element.
[(b) Requirement for Efficient Use by Intelligence Community
of Open-source Intelligence.--The Director of National
Intelligence shall ensure that the intelligence community makes
efficient and effective use of open-source information and
analysis.
[(c) Report.--Not later than June 30, 2005, the Director of
National Intelligence shall submit to the congressional
intelligence committees a report containing the decision of the
Director as to whether an open-source intelligence center will
be established. If the Director decides not to establish an
open-source intelligence center, such report shall also contain
a description of how the intelligence community will use open-
source intelligence and effectively integrate open-source
intelligence into the national intelligence cycle.
[(d) Congressional Intelligence Committees Defined.--In this
section, the term ``congressional intelligence committees''
means--
[(1) the Select Committee on Intelligence of the
Senate; and
[(2) the Permanent Select Committee on Intelligence
of the House of Representatives.]
* * * * * * *
----------
CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
* * * * * * *
TITLE III--PARTICIPATION IN THE FEDERAL
EMPLOYEES' RETIREMENT SYSTEM AND VETERANS
AFFAIRS BENEFITS
* * * * * * *
SEC. 308. TREATMENT OF CERTAIN AGENCY SERVICE AS ACTIVE-DUTY SERVICE
FOR PURPOSES OF BENEFITS ADMINISTERED BY SECRETARY
OF VETERANS AFFAIRS.
(a) Active-duty Service.--For purposes of the benefits
administered by the Secretary of Veterans Affairs under title
38, United States Code, or any other provision of law, an
injury or illness incurred or aggravated by the covered service
of a qualifying veteran shall be treated as an injury or
illness incurred or aggravated in line of duty in the active
military, naval, air, or space service.
(b) Definitions.--In this section:
(1) Active military, naval, air, or space service.--
The term ``active military, naval, air, or space
service'' has the meaning given that term in section
101 of title 38, United States Code.
(2) Covered service.--The term ``covered service''
means service performed by a qualifying veteran that
meets the criteria specified in the classified annex
accompanying the Intelligence Authorization Act for
Fiscal Year 2026 or any subsequent Intelligence
Authorization Act.
(3) Qualifying veteran.--The term ``qualifying
veteran'' means an employee of the Agency who is a
veteran (as defined in section 101 of title 38, United
States Code).
----------
ATOMIC ENERGY ACT OF 1954
* * * * * * *
TITLE I--ATOMIC ENERGY
* * * * * * *
CHAPTER 12. CONTROL OF INFORMATION
* * * * * * *
Sec. 145. Restrictions.--
a. No arrangement shall be made under section 31, no contract
shall be made or continued in effect under section 41, and no
license shall be issued under section 103 or 104, unless the
person with whom such arrangement is made, the contractor or
prospective contractor, or the prospective licensee agrees in
writing not to permit any individual to have access to
Restricted Data until the Civil Service Commission shall have
made an investigation and report to the Commission on the
character, associations, and loyalty of such individual, and
the Commission shall have determined that permitting such
person to have access to Restricted Data will not endanger the
common defense and security.
b. [Except] (1) Except as authorized by the Commission or
the General Manager upon a determination by the Commission or
General Manager that such action is clearly consistent with the
national interest, no individual shall be employed by the
Commission nor shall the Commission permit any individual to
have access to Restricted Data until the Civil Service
Commission shall have made an investigation and report to the
Commission on the character, associations, and loyalty of such
individual, and the Commission shall have determined that
permitting such person to have access to Restricted Data will
not endanger the common defense and security.
(2)(A) Paragraph (1) shall not apply to the President, the
Vice President, Members of Congress, or a justice or judge of
the United States (as those terms are defined in section 451 of
title 28, United States Code).
(B) Beginning not later than 90 days after the date
of the Intelligence Authorization Act for Fiscal Year
2026, the Secretary of Energy, in coordination with the
Director of National Intelligence, or such other
officer of the United States acting as the Security
Executive Agent pursuant to subsection (a) of section
803 of the National Security Act of 1947 (50 U.S.C.
3162a), shall--
(i) maintain an up-to-date list of each
individual who holds a position described in
subparagraph (A); and
(ii) verify that such individual is
authorized to access Restricted Data by virtue
of holding such a position--
(I) in coordination with the
appropriate security official of the
organization of the individual,
including the Sergeants at Arms of the
House of Representatives and the Senate
with respect to Members of Congress;
and
(II) in a manner that does not
require more personally identifying
information of the individual than the
Director of National Intelligence
requires to verify access by such
individuals to classified information.
c. In lieu of the investigation and report to be made by the
Civil Service Commission pursuant to subsection b. of this
section, the Commission may accept an investigation and report
on the character, associations, and loyalty of an individual
made by another Government agency which conducts personnel
security investigations, provided that a security clearance has
been granted to such individual by another Government agency
based on such investigation and report.
d. In the event an investigation made pursuant to subsection
a. and b. of this section develops any data reflecting that the
individual who is the subject of the investigation is of
questionable loyalty, the Civil Service Commission shall refer
the matter to the Federal Bureau of Investigation for the
conduct of a full field investigation, the results of which
shall be furnished to the Civil Service Commission for its
information and appropriate action.
e.(1) If the President deems it to be in the national
interest he may from time to time determine that investigations
of any group or class which are required by subsections a., b.,
and c. of this section be made by the Federal Bureau of
Investigation.
(2) In the case of an individual employed in a program known
as a Special Access Program, any investigation required by
subsections a., b., and c. of this section shall be made by the
Federal Bureau of Investigation.
f.(1) Notwithstanding the provisions of subsections a., b.,
and c. of this section, but subject to subsection e. of this
section, a majority of the members of the Commission may direct
that an investigation required by such provisions on an
individual described in paragraph (2) be carried out by the
Federal Bureau of Investigation rather than by the Civil
Service Commission.
(2) An individual described in this paragraph is an
individual who is employed--
(A) in a program certified by a majority of the
members of the Commission to be of a high degree of
importance or sensitivity; or
(B) in any other specific position certified by a
majority of the members of the Commission to be of a
high degree of importance or sensitivity.
g. The Commission shall establish standards and
specifications in writing as to the scope and extent of
investigations, the reports of which will be utilized by the
Commission in making the determination, pursuant to subsections
a., b., and c., of this section, that permitting a person
access to restricted data will not endanger the common defense
and security. Such standards and specifications shall be based
on the location and class or kind of work to be done, and
shall, among other considerations, take into account the degree
of importance to the common defense and security of the
restricted data to which access will be permitted.
h. Whenever the Congress declares that a state of war exists,
or in the event of a national disaster due to enemy attack, the
Commission is authorized during the state of war or period of
national disaster due to enemy attack to employ individuals and
to permit individuals access to Restricted Data pending the
investigation report, and determination required by section 145
b., to the extent that and so long as the Commission finds that
such action is required to prevent impairment of its activities
in furtherance of the common defense and security.
* * * * * * *
----------
NATIONAL SECURITY AGENCY ACT OF 1959
* * * * * * *
SEC. 22. CONGRESSIONAL NOTIFICATION OF INTELLIGENCE COLLECTION
ADJUSTMENTS.
(a) Notification.--Not later than 30 days after the date on
which the Director of the National Security Agency determines
[the occurrence of an intelligence collection adjustment] that
a covered intelligence collection or sharing adjustment has
occurred, the Director shall submit to the congressional
intelligence committees, the Committee on Appropriations of the
Senate, and the Committee on Appropriations of the House of
Representatives a [notification of the intelligence collection
adjustment] summary of such adjustment and the cause of such
adjustment.
(b) Definitions.--In this section:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the
meaning given that term in section 3 of the National
Security Act of 1947 (50 U.S.C. 3003).
[(2) Intelligence collection adjustment.--The term
``intelligence collection adjustment'' includes a
change by the United States Government to a policy on
intelligence collection or the prioritization thereof
that results in a significant loss of intelligence.]
(2) Covered intelligence collection or sharing
adjustment.--The term ``covered intelligence collection
or sharing adjustment'' means an action or inaction by
the National Security Agency that results in a
significant change to--
(A) the quantity of intelligence collected by
the National Security Agency with respect to a
foreign country, foreign organization, or
senior leader of a foreign country or foreign
organization; or
(B) policies or practices of the National
Security Agency with respect to the sharing of
intelligence with a foreign country,
organization of foreign countries, or
organization of countries of which the United
States is a member.
----------
INTELLIGENCE AUTHORIZATION ACT
FOR FISCAL YEAR 2022
* * * * * * *
DIVISION X--INTELLIGENCE AUTHORIZATION FOR
FISCAL YEAR 2022
* * * * * * *
TITLE VIII--REPORTS AND OTHER MATTERS
* * * * * * *
Subtitle C--Other Matters
* * * * * * *
[SEC. 833. REPORT ON TRENDS IN TECHNOLOGIES OF STRATEGIC IMPORTANCE TO
UNITED STATES.
[(a) In General.--Not less frequently than once every 2 years
until the date that is 4 years after the date of the enactment
of this Act, the Director of National Intelligence, in
consultation with the Secretary of Commerce and the Director of
the Office of Science and Technology Policy, shall submit to
the congressional intelligence committees a report assessing
commercial and foreign trends in technologies the Director
considers of strategic importance to the national and economic
security of the United States.
[(b) Contents.--Each report under subsection (a) shall
include the following:
[(1) A list of the top technology focus areas the
Director determines to be of the greatest strategic
importance to the United States.
[(2) A list of the top technology focus areas in
which the Director determines foreign countries that
are adversarial to the United States are poised to
match or surpass the technological leadership of the
United States.
[(c) Form.--Each report under subsection (a)--
[(1) may be submitted in the form of a National
Intelligence Estimate; and
[(2) shall be submitted in classified form, but may
include an unclassified summary.]
* * * * * * *
----------
INTELLIGENCE AUTHORIZATION ACT FOR
FISCAL YEAR 2017
* * * * * * *
DIVISION N--INTELLIGENCE AUTHORIZATION ACT FOR
FISCAL YEAR 2017
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TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES
SEC. 501. COMMITTEE TO COUNTER ACTIVE MEASURES BY THE RUSSIAN
FEDERATION, THE PEOPLE'S REPUBLIC OF CHINA, THE
ISLAMIC REPUBLIC OF IRAN, THE DEMOCRATIC PEOPLE'S
REPUBLIC OF KOREA, OR OTHER NATION STATE TO EXERT
COVERT INFLUENCE OVER PEOPLES AND GOVERNMENTS.
(a) Definitions.--In this section:
(1) Active measures by russia to exert covert
influence.--The term ``active measures by Russia,
China, Iran, North Korea, or other nation state to
exert covert influence'' means activities intended to
influence a person or government that are carried out
in coordination with, or at the behest of, political
leaders or the security services of the Russian
Federation, the People's Republic of China, the Islamic
Republic of Iran, the Democratic People's Republic of
Korea, or other nation state and the role of the
Russian Federation, the People's Republic of China, the
Islamic Republic of Iran, the Democratic People's
Republic of Korea, or other nation state has been
hidden or not acknowledged publicly, including the
following:
(A) Establishment or funding of a front
group.
(B) Covert broadcasting.
(C) Media manipulation.
(D) Disinformation and forgeries.
(E) Funding agents of influence.
(F) Incitement and offensive
counterintelligence.
(G) Assassinations.
(H) Terrorist acts.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence
committees;
(B) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate;
and
(C) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(b) Establishment.--There is established within the executive
branch an interagency committee to counter active measures by
the Russian Federation, the People's Republic of China, the
Islamic Republic of Iran, the Democratic People's Republic of
Korea, or other nation state to exert covert influence.
(c) Membership.--
(1) In general.--
(A) Appointment.--Each head of an agency or
department of the Government set out under
subparagraph (B) shall appoint one member of
the committee established by subsection (b)
from among officials of such agency or
department who occupy a position that is
required to be appointed by the President, with
the advice and consent of the Senate.
(B) Head of an agency or department.--The
head of an agency or department of the
Government set out under this subparagraph are
the following:
(i) The Director of National
Intelligence.
(ii) The Secretary of State.
(iii) The Secretary of Defense.
(iv) The Secretary of the Treasury.
(v) The Attorney General.
(vi) The Secretary of Energy.
(vii) The Director of the Federal
Bureau of Investigation.
(viii) The head of any other agency
or department of the United States
Government designated by the President
for purposes of this section.
(d) Meetings.--The committee shall meet on a regular basis.
(e) Duties.--The duties of the committee established by
subsection (b) shall be as follows:
(1) To counter active measures by Russia, China,
Iran, North Korea, or other nation state to exert
covert influence, including by exposing falsehoods,
agents of influence, corruption, human rights abuses,
terrorism, and assassinations carried out by the
security services or political elites of the Russian
Federation, the People's Republic of China, the Islamic
Republic of Iran, the Democratic People's Republic of
Korea, or other nation state or their proxies.
(2) Such other duties as the President may designate
for purposes of this section.
(f) Staff.--The committee established by subsection (b) may
employ such staff as the members of such committee consider
appropriate.
(g) Budget Request.--A request for funds required for the
functioning of the committee established by subsection (b) may
be included in each budget for a fiscal year submitted by the
President pursuant to section 1105(a) of title 31, United
States Code.
[(h) Annual Report.--
[(1) Requirement.--Not later than 180 days after the
date of the enactment of this Act, and annually
thereafter, and consistent with the protection of
intelligence sources and methods, the committee
established by subsection (b) shall submit to the
appropriate committees of Congress a report describing
steps being taken by the committee to counter active
measures by Russia, China, Iran, North Korea, or other
nation state to exert covert influence.
[(2) Content.--Each report required by paragraph (1)
shall include the following:
[(A) A summary of the active measures by the
Russian Federation, the People's Republic of
China, the Islamic Republic of Iran, the
Democratic People's Republic of Korea, or other
nation state to exert covert influence during
the previous year, including significant
incidents and notable trends.
[(B) A description of the key initiatives of
the committee.
[(C) A description of the implementation of
the committee's initiatives by the head of an
agency or department of the Government set out
under subsection (c)(1)(B).
[(D) An analysis of the impact of the
committee's initiatives.
[(E) Recommendations for changes to the
committee's initiatives from the previous year.
[(3) Separate reporting requirement.--The requirement
to submit an annual report under paragraph (1) is in
addition to any other reporting requirements with
respect to Russia, China, Iran, North Korea, or other
nation state.]
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NATIONAL DEFENSE AUTHORIZATION ACT FOR
FISCAL YEAR 2020
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DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
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TITLE XVII--REPORTS AND OTHER MATTERS
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Subtitle A--Studies and Reports
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SEC. 1723. ANNUAL REPORT ON STRIKES UNDERTAKEN BY THE UNITED STATES
AGAINST TERRORIST TARGETS OUTSIDE AREAS OF ACTIVE
HOSTILITIES.
(a) Annual Report.--Not later than May 1 2020, and annually
thereafter until [2027] 2026, the Director of National
Intelligence and the Secretary of Defense shall jointly submit
to Congress a report on the number of strikes undertaken by the
United States against terrorist targets outside areas of active
hostilities during the preceding calendar year, as well as
assessments of combatant and non-combatant deaths resulting
from those strikes.
(b) Contents of Report.--Each report required by subsection
(a) shall include--
(1) information obtained from relevant agencies
regarding the general sources of information and
methodology used to conduct the assessments of
combatant and non-combatant deaths; and
(2) to the extent feasible and appropriate, the
general reasons for discrepancies between post-strike
assessments from the United States and credible
reporting from nongovernmental organizations regarding
non-combatant deaths resulting from strikes undertaken
by the United States against terrorist targets outside
areas of active hostilities.
(c) Review of Post-strike Reporting.--In preparing a report
under this section, the Director and the Secretary shall, to
the maximum extent practicable, review relevant and credible
post-strike all-source reporting, including such information
from nongovernmental sources, for the purpose of ensuring that
this reporting is available to and considered by relevant
agencies in their assessment of deaths.
(d) Form of Report.--Each report required under subsection
(a) shall be submitted in unclassified form, but may include a
classified annex.
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ENERGY ACT OF 2020
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DIVISION Z--ENERGY ACT OF 2020
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TITLE VII--CRITICAL MINERALS
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[SEC. 7003. MONITORING MINERAL INVESTMENTS UNDER BELT AND ROAD
INITIATIVE OF PEOPLE'S REPUBLIC OF CHINA.
[(a) Report Required.--Not later than 1 year after the date
of the enactment of this Act, the Director of National
Intelligence (referred to in this section as the ``Director''),
in consultation with the Secretary of the Interior, the
Secretary of Energy, the Secretary of Commerce, the Secretary
of State, the Secretary of Defense, and the United States Trade
Representative, shall submit to the appropriate congressional
committees a report on investments in minerals under the Belt
and Road Initiative of the People's Republic of China that
includes an assessment of--
[(1) notable past mineral investments;
[(2) whether and how such investments have increased
the extent of control of minerals by the People's
Republic of China;
[(3) any efforts by the People's Republic of China to
counter or interfere with the goals of the Energy
Resource Governance Initiative of the Department of
State; and
[(4) the strategy of the People's Republic of China
with respect to mineral investments.
[(b) Monitoring Mechanism.--In conjunction with each report
required by subsection (a), the Director shall submit to the
appropriate congressional committees a list of any minerals
with respect to which--
[(1) the People's Republic of China, directly or
through the Belt and Road Initiative--
[(A) is increasing its concentration of
extraction and processing;
[(B) is acquiring significant mining and
processing facilities;
[(C) is maintaining or increasing export
restrictions; or
[(D) has achieved substantial control of the
supply of minerals used within an industry or
related minerals;
[(2) there is a significant difference between
domestic prices in the People's Republic of China as
compared to prices on international markets; or
[(3) there is a significant increase or volatility in
price as a result of the Belt and Road Initiative of
the People's Republic of China.
[(c) Critical Mineral Evaluation.--For any mineral included
on the list required by subsection (b) that is not already
designated as critical by the Secretary of the Interior
pursuant to section 7002(c), the Director shall--
[(1) determine, in consultation with the Secretary of
the Interior, the Secretary of Energy, the Secretary of
Commerce, the Secretary of State, the Secretary of
Defense, and the United States Trade Representative,
whether the mineral is strategic and critical to the
defense or national security of the United States; and
[(2) make a recommendation to the Secretary of the
Interior regarding the designation of the mineral under
section 7002(c).
[(d) Annual Updates.--The Director shall update the report
required by subsection (a) and list required by subsection (b)
not less frequently than annually.
[(e) Form.--Each report or list required by this section
shall be submitted in unclassified form but may include a
classified annex.
[(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
[(1) the Committee on Energy and Natural Resources,
the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Finance, the Committee
on Homeland Security and Governmental Affairs, the
Committee on Commerce, Science, and Transportation, and
the Committee on Appropriations of the Senate; and
[(2) the Committee on Energy and Commerce, the
Committee on Foreign Affairs, the Committee on Armed
Services, the Committee on Ways and Means, the
Committee on Homeland Security, and the Committee on
Appropriations of the House of Representatives.]
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CARL LEVIN AND HOWARD P. 'BUCK' MCKEON NATIONAL
DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2015
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DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
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TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
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Subtitle C--Matters Relating to the
Russian Federation
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[SEC. 1242. NOTIFICATION AND ASSESSMENT OF PROPOSAL TO MODIFY OR
INTRODUCE NEW AIRCRAFT OR SENSORS FOR FLIGHT BY THE
RUSSIAN FEDERATION UNDER OPEN SKIES TREATY.
[(a) Notification.--Not later than 30 days after the date on
which the Russian Federation submits to the States Parties to
the Open Skies Treaty a proposal to modify or introduce a new
aircraft or sensor for flight by the Russian Federation under
the Open Skies Treaty, the President shall notify the
appropriate committees of Congress of such proposal and the
relevant details thereof.
[(b) Assessment.--
[(1) In general.--Not later than 90 days prior to the
date on which the United States intends to agree to a
proposal described in subsection (a), the Director of
National Intelligence, jointly with the Secretary of
Defense and the Chairman of the Joint Chiefs of Staff,
and in consultation with the Secretary of State, shall
submit to the appropriate committees of Congress an
assessment of such proposal on the national security of
the United States.
[(2) Additional elements.--The assessment required by
paragraph (1) shall include a description of any plans
of the United States to mitigate the effect of the
proposal on the national security of the United States,
including an analysis of the cost and effectiveness of
any such plans. The assessment shall also include an
assessment of the proposal by the commander of each
combatant command potentially affected by the proposal,
including an assessment of the potential effects of the
proposal on operations and any potential
vulnerabilities raised by the proposal.
[(3) Form.--The assessment required by paragraph (1)
may be submitted in classified or unclassified form as
appropriate.
[(c) Definitions.--In this section:
[(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
[(A) the congressional defense committees;
[(B) the Select Committee on Intelligence and
the Committee on Foreign Relations of the
Senate; and
[(C) the Permanent Select Committee on
Intelligence and the Committee on Foreign
Affairs of the House of Representatives.
[(2) Open skies treaty.--The term ``Open Skies
Treaty'' means the Treaty on Open Skies, done at
Helsinki March 24, 1992, and entered into force January
1, 2002.]
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NATIONAL DEFENSE AUTHORIZATION ACT FOR
FISCAL YEAR 2013
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DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
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TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
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Subtitle E--Satellites and Related Items
SEC. 1261. REMOVAL OF SATELLITES AND RELATED ITEMS FROM THE UNITED
STATES MUNITIONS LIST.
(a) Repeal.--
(1) In general.--Section 1513 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999
(Public Law 105-261; 112 Stat. 2174; 22 U.S.C. 2778
note) is amended by striking subsection (a).
(2) Conforming amendment.--Subsection (c) of such
section is amended by striking ``(1) Subsection (a)''
and all that follows through ``(2) The amendments'' and
inserting ``The amendments''.
(b) Additional Determination and Report.--Accompanying but
separate from the submission to Congress of the first
notification after the date of the enactment of this Act under
section 38(f) of the Arms Export Control Act (22 U.S.C.
2778(f)) relating to the removal of satellites and related
items from the United States Munitions List, the President
shall also submit to Congress--
(1) a determination by the President that the removal
of such satellites and items from the United States
Munitions List is in the national security interests of
the United States; and
(2) a report identifying and analyzing any
differences between--
(A) the recommendations and draft regulations
for controlling the export, re-export, and
transfer of such satellites and related items
that were submitted in the report to Congress
required by section 1248 of the National
Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 2546); and
(B) the final regulations under which the
export, re-export, and transfer of such
satellites and related items would continue to
be controlled.
(c) Prohibition.--
(1) In general.--Subject to paragraph (3), no
satellites or related items that are made subject to
the Export Administration Regulations (15 CFR part 730
et seq.) as a result of the enactment of subsection (a)
of this section, whether or not enumerated on the
Commerce Control List--
(A) may be exported, re-exported, or
transferred, directly or indirectly, to--
(i) any government of a country
described in paragraph (2); or
(ii) any entity or person in or
acting for or on behalf of such
government, entity, or person; or
(B) may be launched in a country described in
paragraph (2) or as part of a launch vehicle
owned, operated, or manufactured by the
government of such country or any entity or
person in or acting for or on behalf of such
government, entity, or person.
(2) Countries described.--The countries referred to
in paragraph (1) are the following:
(A) The People's Republic of China.
(B) North Korea.
(C) Any country that is a state sponsor of
terrorism.
(3) Waiver.--The President may waive the prohibition
in paragraph (1) on a case-by-case basis if not later
than 30 days before doing so the President--
(A) determines that it is in the national
interest of the United States to do so; and
(B) notifies the appropriate congressional
committees of such determination.
(d) Presumption of Denial.--Any license or other
authorization to export satellites and related items to a
country with respect to which the United States maintains a
comprehensive arms embargo shall be subject to a presumption of
denial.
[(e) Report.--
[(1) In general.--Not later than one year after the
date of the enactment of this Act, and once every two
years thereafter, the Director of National
Intelligence, in consultation with the Secretary of
State, shall submit to the appropriate congressional
committees a report on efforts of state sponsors of
terrorism, other foreign countries, or entities to
illicitly acquire satellites and related items.
[(2) Form.--The report required by paragraph (1)
shall be submitted in unclassified form, but may
contain a classified annex.]
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SECTION 108 OF THE CUBAN LIBERTY AND DEMOCRATIC SOLIDARITY (LIBERTAD)
ACT OF 1996
[SEC. 108. REPORTS ON COMMERCE WITH, AND ASSISTANCE TO, CUBA FROM OTHER
FOREIGN COUNTRIES.
[(a) Reports Required.--Not later than 90 days after the date
of the enactment of this Act, and by January 1 of each year
thereafter until the President submits a determination under
section 203(c)(1), the President shall submit a report to the
appropriate congressional committees on commerce with, and
assistance to, Cuba from other foreign countries during the
preceding 12-month period.
[(b) Contents of Reports.---Each report required by
subsection (a) shall, for the period covered by the report,
contain the following, to the extent such information is
available:
[(1) A description of all bilateral assistance
provided to Cuba by other foreign countries, including
humanitarian assistance.
[(2) A description of Cuba's commerce with foreign
countries, including an identification of Cuba's
trading partners and the extent of such trade.
[(3) A description of the joint ventures completed,
or under consideration, by foreign nationals and
business firms involving facilities in Cuba, including
an identification of the location of the facilities
involved and a description of the terms of agreement of
the joint ventures and the names of the parties that
are involved.
[(4) A determination as to whether or not any of the
facilities described in paragraph (3) is the subject of
a claim against Cuba by a United States national.
[(5) A determination of the amount of debt of the
Cuban Government that is owed to each foreign country,
including--
[(A) the amount of debt exchanged, forgiven,
or reduced under the terms of each investment
or operation in Cuba involving foreign
nationals; and
[(B) the amount of debt owed the foreign
country that has been exchanged, forgiven, or
reduced in return for a grant by the Cuban
Government of an equity interest in a property,
investment, or operation of the Cuban
Government or of a Cuban national.
[(6) A description of the steps taken to assure that
raw materials and semifinished or finished goods
produced by facilities in Cuba involving foreign
nationals do not enter the United States market, either
directly or through third countries or parties.
[(7) An identification of countries that purchase, or
have purchased, arms or military supplies from Cuba or
that otherwise have entered into agreements with Cuba
that have a military application, including--
[(A) a description of the military supplies,
equipment, or other material sold, bartered, or
exchanged between Cuba and such countries,
[(B) a listing of the goods, services,
credits, or other consideration received by
Cuba in exchange for military supplies,
equipment, or material, and
[(C) the terms or conditions of any such
agreement.]
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