II

Calendar No. 438
117TH CONGRESS
2D SESSION

S. 4503

To authorize appropriations for fiscal year 2023 for intelligence and intelligence-related activities of the United States Government, the Intelligence Community Management Account, and the Central Intelligence
Agency Retirement and Disability System, and for other purposes.

IN THE SENATE OF THE UNITED STATESJULY 12, 2022
Mr. WARNER, from the Select Committee on Intelligence, reported thefollowing original bill; which was read twice and placed on the calendar

A BILLTo authorize appropriations for fiscal year 2023 for intelligence and intelligence-related activities of the UnitedStates Government, the Intelligence Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.
1

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,

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34SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Intelligence Authorization Act for Fiscal Year 2023’’.

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1

(b) TABLE OF CONTENTS.—The table of contents for

2 this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—INTELLIGENCE ACTIVITIESSec. 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.

kjohnson on DSK79L0C42PROD with BILLSTITLE III—GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Plan for assessing counterintelligence programs.
Sec. 302. Modification of advisory board in National Reconnaissance Office.
Sec. 303. Prohibition on employment with governments of certain countries.
Sec. 304. Counterintelligence and national security protections for intelligencecommunity grant funding.
Sec. 305. Extension of Central Intelligence Agency law enforcement jurisdiction
to facilities of Office of Director of National Intelligence.
Sec. 306. Clarification regarding protection of Central Intelligence Agency functions.
Sec. 307. Establishment of advisory board for National Geospatial-Intelligence
Agency.
Sec. 308. Annual reports on status of recommendations of Comptroller Generalof the United States for the Director of National Intelligence.
Sec. 309. Timely submission of budget documents from intelligence community.
Sec. 310. Copyright protection for civilian faculty of the National Intelligence
University.
Sec. 311. Expansion of reporting requirements relating to authority to pay personnel of Central Intelligence Agency for certain injuries to thebrain.
Sec. 312. Modifications to Foreign Malign Influence Response Center.
Sec. 313. Requirement to offer cyber protection support for personnel of intelligence community in positions highly vulnerable to cyber attack.
Sec. 314. Minimum cybersecurity standards for national security systems of intelligence community.
Sec. 315. Review and report on intelligence community activities under Executive Order 12333.
Sec. 316. Elevation of the commercial and business operations office of the National Geospatial-Intelligence Agency.
Sec. 317. Assessing intelligence community open-source support for export controls and foreign investment screening.
Sec. 318. Annual training requirement and report regarding analytic standards.
Sec. 319. Historical Advisory Panel of the Central Intelligence Agency.
TITLE IV—INTELLIGENCE MATTERS RELATING TO THE
PEOPLE’S REPUBLIC OF CHINA•S 4503 RS
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Sec. 401. Update to annual reports on influence operations and campaigns in
the United States by the Chinese Communist Party.
Sec. 402. Report on wealth and corrupt activities of the leadership of the Chinese Communist Party.
Sec. 403. Identification and threat assessment of companies with investments
by the People’s Republic of China.
Sec. 404. Intelligence community working group for monitoring the economic
and technological capabilities of the People’s Republic ofChina.
Sec. 405. Annual report on concentrated reeducation camps in the Xinjiang
Uyghur Autonomous Region of the People’s Republic of China.
Sec. 406. Assessments of production of semiconductors by the People’s Republic of China.
TITLE V—PERSONNEL AND SECURITY CLEARANCE MATTERS
Sec. 501. Improving onboarding of personnel in intelligence community.
Sec. 502. Improving onboarding at the Central Intelligence Agency.
Sec. 503. Report on legislative action required to implement Trusted Workforce
2.0 initiative.
Sec. 504. Comptroller General of the United States assessment of administration of polygraphs in intelligence community.
Sec. 505. Timeliness in the administration of polygraphs.
Sec. 506. Policy on submittal of applications for access to classified information
for certain personnel.
Sec. 507. Prohibition on denial of eligibility for access to classified information
solely because of preemployment use of cannabis.
Sec. 508. Technical correction regarding Federal policy on sharing of covered
insider threat information.
Sec. 509. Establishing process parity for adverse security clearance and accessdeterminations.
Sec. 510. Elimination of cap on compensatory damages for retaliatory revocation of security clearances and access determinations.
Sec. 511. Comptroller General of the United States report on use of Government and industry space certified as secure compartmented information facilities.
TITLE VI—INSPECTOR GENERAL OF THE INTELLIGENCECOMMUNITY

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Sec. 601. Submittal of complaints and information by whistleblowers in the intelligence community to Congress.
Sec. 602. Modification of whistleblower protections for contractor employees in
intelligence community.
Sec. 603. Prohibition against disclosure of whistleblower identity as reprisal
against whistleblower disclosure by employees and contractors
in intelligence community.
Sec. 604. Definitions regarding whistleblower complaints and information of urgent concern received by inspectors general of the intelligencecommunity.
TITLE VII—OTHER MATTERS
Sec. 701. Improvements relating to continuity of Privacy and Civil Liberties
Oversight Board membership.
Sec. 702. Report by Public Interest Declassification Board.
•S 4503 RS
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Sec. 703. Modification of requirement for office to address unidentified aerospace-undersea phenomena.
Sec. 704. Unidentified aerospace-undersea phenomena reporting procedures.
Sec. 705. Comptroller General of the United States compilation of unidentified
aerospace-undersea phenomena records.
Sec. 706. Office of Global Competition Analysis.
Sec. 707. Report on tracking and collecting precursor chemicals used in the
production of synthetic opioids.
Sec. 708. Assessment and report on mass migration in the Western Hemisphere.
Sec. 709. Notifications regarding transfers of detainees at United States Naval
Station Guantanamo Bay, Cuba.
Sec. 710. Report on international norms, rules, and principles applicable inspace.
Sec. 711. Assessments of the effects of sanctions imposed with respect to theRussian Federation’s invasion of Ukraine.
Sec. 712. Assessments and briefings on implications of food insecurity that may
result from the Russian Federation’s invasion of Ukraine.
Sec. 713. Pilot program for Director of Federal Bureau of Investigation to undertake an effort to identify International Mobile Subscriber
Identity-catchers and develop countermeasures.
Sec. 714. Department of State Bureau of Intelligence and Research assessmentof anomalous health incidents.
Sec. 715. Clarification of process for protecting classified information using theClassified Information Procedures Act.

1

SEC. 2. DEFINITIONS.

2

In this Act:3(1) CONGRESSIONAL

4

TEES.—The

5

mittees’’ has the meaning given such term in section

6

3 of the National Security Act of 1947 (50 U.S.C.

73003).

8

kjohnson on DSK79L0C42PROD with BILLSINTELLIGENCE COMMIT-

term ‘‘congressional intelligence com-

(2) INTELLIGENCECOMMUNITY.—The

9‘‘intelligence community’’ has the meaning given

10such term in such section.

•S 4503 RS
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TITLE I—INTELLIGENCEACTIVITIES

1
2
3

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

4

Funds are hereby authorized to be appropriated for

5 fiscal year 2023 for the conduct of the intelligence and6 intelligence-related activities of the intelligence commu7 nity.
89SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

(a) SPECIFICATIONS OF AMOUNTS.—The amounts

10 authorized to be appropriated under section 101 for the
11 conduct of the intelligence activities of the elements listed
12 in paragraphs (1) through (17) of section 101, are those
13 specified in the classified Schedule of Authorizations pre14 pared to accompany this Act.
15

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16(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZATIONS.—

17(1) AVAILABILITY.—The classified Schedule of18

Authorizations referred to in subsection (a) shall be

19

made available to the Committee on Appropriations

20of the Senate, the Committee on Appropriations of21

the House of Representatives, and to the President.

22(2) DISTRIBUTION BY THE PRESIDENT.—Sub-

23

ject to paragraph (3), the President shall provide for24

suitable distribution of the classified Schedule of Au-

25

thorizations referred to in subsection (a), or of ap•S 4503 RS

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1

propriate portions of such Schedule, within the exec-2

utive branch of the Federal Government.

3(3) LIMITS ON DISCLOSURE.—The President

4

shall not publicly disclose the classified Schedule of5

Authorizations or any portion of such Schedule ex-

6

cept—

7

(A) as provided in section 601(a) of the8

Implementing Recommendations of the 9/11

9Commission Act of 2007 (50 U.S.C. 3306(a));10(B) to the extent necessary to implement11

the budget; or

1213(C) as otherwise required by law.
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT AC-

14
15

COUNT.

(a) AUTHORIZATION OF APPROPRIATIONS.—There is

16 authorized to be appropriated for the Intelligence Commu17 nity Management Account of the Director of National In18 telligence for fiscal year 2023 the sum of $650,000,000.
1920(b) CLASSIFIED AUTHORIZATIONOFAPPROPRIA-TIONS.—In addition to amounts authorized to be appro-

21 priated for the Intelligence Community Management Ac22 count by subsection (a), there are authorized to be appro-

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23 priated for the Intelligence Community Management Ac24 count for fiscal year 2023 such additional amounts as are•S 4503 RS
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1 specified in the classified Schedule of Authorizations re2 ferred to in section 102(a).

TITLE
II—CENTRALINTEL4LIGENCE AGENCY RETIRE5
MENT AND DISABILITY SYS6
TEM
3

7
8

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated for the Cen-

9 tral Intelligence Agency Retirement and Disability Fund
10 $514,000,000 for fiscal year 2023.

TITLE
III—GENERALINTEL12LIGENCE COMMUNITY MAT13
TERS
11

14

SEC. 301. PLAN FOR ASSESSING COUNTERINTELLIGENCE

15
16

PROGRAMS.

(a) PLAN REQUIRED.—Not later than 180 days after

17 the date of the enactment of this Act, the Director of the
18 National Counterintelligence and Security Center shall
19 submit to the congressional intelligence committees a plan
20 for assessing the effectiveness of all counterintelligence
21 programs of the Federal Government.
22(b) CONTENTS.—The plan required by subsection (a)kjohnson on DSK79L0C42PROD with BILLS

23 shall include the following:•S 4503 RS
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(1) A description of the standards and methods

2of assessment that apply for each evaluated Execu-

3

tive agency.

4(2) The phased implementation over a five-year5

timeframe to cover all counterintelligence programs

6of the Federal Government.

7(3) The periodicity for updated assessments.

8(4) The annual costs required to conduct the9agency assessments and any recommendations for a10

cost recovery mechanism.

11

SEC. 302. MODIFICATION OF ADVISORY BOARD IN NA-

12

TIONAL RECONNAISSANCE OFFICE.

13

Section 106A(d) of the National Security Act of 1947

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14 (50 U.S.C. 3041a(d)) is amended—15(1) in paragraph (3)(A)(i), by inserting ‘‘, in

16

consultation with the Director of National Intel-

17

ligence and the Secretary of Defense,’’ after ‘‘Direc-

18

tor’’; and

19(2) in paragraph (7), by striking ‘‘the date that20

is 3 years after the date of the first meeting of the

21

Board’’ and inserting ‘‘September 30, 2024’’.

•S 4503 RS
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1

SEC. 303. PROHIBITION ON EMPLOYMENT WITH GOVERN-

2MENTS OF CERTAIN COUNTRIES.

3(a) IN GENERAL.—Title III of the National Security

4 Act of 1947 (50 U.S.C. 3091 et seq.) is amended by in5 serting after section 304 the following:
6‘‘SEC. 305. PROHIBITION ON EMPLOYMENT WITH GOVERN-

7MENTS OF CERTAIN COUNTRIES.

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8‘‘(a) DEFINITIONS.—In this section:

9‘‘(1) COVERED EMPLOYEE.—The term ‘covered

10

employee’, with respect to an employee occupying a11

position within an element of the intelligence com-12

munity, means an officer or official of an element of13

the intelligence community, a contractor of such an

14element, a detailee to such an element, or a member

15of the Armed Forces assigned to such an element

16

that, based on the level of access of a person occu-

17

pying such position to information regarding sen-18

sitive intelligence sources or methods or other excep-

19

tionally sensitive matters, the head of such element

20

determines should be subject to the requirements of

21

this section.

22‘‘(2) FORMER COVERED EMPLOYEE.—The term

23

‘former covered employee’ means an individual who

24

was a covered employee on or after the date of en-

25

actment of the Intelligence Authorization Act for•S 4503 RS
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Fiscal Year 2023 and is no longer a covered em-

2ployee.

3‘‘(3) STATESPONSOROFTERRORISM.—The

4

term ‘state sponsor of terrorism’ means a country5

the government of which the Secretary of State de-6termines has repeatedly provided support for inter-7

national terrorism pursuant to—8‘‘(A) section 1754(c)(1)(A) of the Export

9

Control Reform Act of 2018 (50 U.S.C.

104813(c)(1)(A));

11‘‘(B) section 620A of the Foreign Assist-

12

ance Act of 1961 (22 U.S.C. 2371);

13‘‘(C) section 40 of the Arms Export Con-

14

trol Act (22 U.S.C. 2780); or

15‘‘(D) any other provision of law.

16‘‘(b) PROHIBITION ON EMPLOYMENT AND SERV-

17

ICES.—No former covered employee may provide services

18 relating to national security, intelligence, the military, or

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19 internal security to—20‘‘(1) the government of a country that is a state

21

sponsor of terrorism, the People’s Republic of China,

22or the Russian Federation;23‘‘(2) a person or entity that is directed and con-24

trolled by a government described in paragraph (1).

•S 4503 RS
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‘‘(c) TRAINING AND WRITTEN NOTICE.—The head of

2 each element of the intelligence community shall—
3‘‘(1) regularly provide to the covered employees

4of the element training on the prohibition in sub-5

section (b); and6‘‘(2) provide to each covered employee of the7element before the covered employee becomes a8former covered employee written notice of the prohi-

9

bition in subsection (b).

10‘‘(d) LIMITATION ON ELIGIBILITY FOR ACCESS TO

11 CLASSIFIED INFORMATION.—A former covered employee
12 who knowingly and willfully violates subsection (b) shall
13 not be considered eligible for access to classified informa14 tion (as defined in the procedures established pursuant to
15 section 801(a) of this Act (50 U.S.C. 3161(a))) by any
16 element of the intelligence community.
17‘‘(e) CRIMINAL PENALTIES.—A former employee who

18 knowingly and willfully violates subsection (b) shall be
19 fined under title 18, United States Code, or imprisoned
20 for not more than 5 years, or both.
21‘‘(f) APPLICATION.—Nothing in this section shallkjohnson on DSK79L0C42PROD with BILLS

22 apply to—23‘‘(1) a former covered employee who continues

24

to provide services described in subsection (b) that25

the former covered employee first began to provide•S 4503 RS
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12
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before the date of the enactment of the Intelligence2

Authorization Act for Fiscal Year 2023;

3‘‘(2) a former covered employee who, on or

4

after the date of the enactment of the Intelligence

5

Authorization Act for Fiscal Year 2023, provides

6

services described in subsection (b) to a person or

7

entity that is directed and controlled by a country

8

that is a state sponsor of terrorism, the People’s Re-

9public of China, or the Russian Federation as a re-10sult of a merger, acquisition, or similar change of

11ownership that occurred after the date on which

12

such former covered employee first began to provide

13

such services;14‘‘(3) a former covered employee who, on or

15

after the date of the enactment of the Intelligence

16

Authorization Act for Fiscal Year 2023, provides

17

services described in subsection (b) to—18‘‘(A) a government that was designated as19

a state sponsor of terrorism after the date on

20

which such former covered employee first began

21

to provide such services; or22‘‘(B) a person or entity directed and con-23

trolled by a government described in subpara-

24

graph (A).’’.

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(b) ANNUAL REPORTS.—Not later than March 31 of

2 each year through 2032, the Director of National Intel3 ligence shall submit to the congressional intelligence com4 mittees a report on any violations of subsection (b) of sec5 tion 305 of the National Security Act of 1947, as added
6 by subsection (a) of this section, by former covered em7 ployees (as defined in subsection (a) of such section 305).
8(c) CLERICAL AMENDMENT.—The table of contents

9 immediately preceding section 2 of the National Security
10 Act of 1947 (50 U.S.C. 3002) is amended by inserting
11 after the item relating to section 304 the following new
12 item:‘‘Sec. 305. Prohibition on employment with governments of certain countries.’’.

13

SEC. 304. COUNTERINTELLIGENCE AND NATIONAL SECU-

14

RITY

15

COMMUNITY GRANT FUNDING.

16

PROTECTIONSFORINTELLIGENCE(a) DISCLOSURE AS CONDITION FOR RECEIPT OF

17 GRANT.—The head of an element of the intelligence com18 munity may not award a grant to a person or entity unless
19 the person or entity has disclosed to the head of the ele20 ment any material financial or material in-kind support
21 received by the person or entity, during the 5-year periodkjohnson on DSK79L0C42PROD with BILLS

22 ending on the date of the person or entity’s application
23 for the grant.
24(b) REVIEW OF GRANT APPLICANTS.—•S 4503 RS
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(1) TRANSMITTALDISCLOSURES.—Each2head of an element of the intelligence community

3

shall immediately transmit a copy of each disclosure

4

under subsection (a) to the Director of National In-

5telligence.

6(2) PROCESS.—The Director, in consultation

7

with such heads of elements of the intelligence com-8

munity as the Director considers appropriate, shall9

establish a process—

10(A) to review the disclosures under sub-11

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OF

section (a); and

12(B) to take such actions as may be nec-

13

essary to ensure that the applicants for grants

14

awarded by elements of the intelligence commu-

15

nity do not pose an unacceptable risk, including

16

as a result of an applicant’s material financial

17

or material in-kind support from a person or18

entity having ownership or control, in whole or19

in part, by the government of the People’s Re-

20

public of China, the Russian Federation, the Is-

21

lamic Republic of Iran, the Democratic People’s

22

Republic of Korea, or the Republic of Cuba,

23

of—

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(i) misappropriation of United States2

intellectual property, research and develop-

3ment, and innovation efforts; or4(ii) other threats from foreign govern-

5
6

ments and other entities.
(c) ANNUAL REPORT REQUIRED.—Not later than

7 one year after the date of the enactment of this Act and8 not less frequently than once each year thereafter, the Di9 rector of National Intelligence shall submit to the congres10 sional intelligence committees an annual report identifying
11 the following for the one-year period covered by the report:
12(1) The number of applications for grants re-13

ceived by each element of the intelligence commu-

14

nity.

15

(2) The number of such applications that were16

reviewed for each element of the intelligence commu-

17nity, using the process established under subsection

18

(b).

19

(3) The number of such applications that were20

denied and the reasons for such denials for each ele-

21

ment of the intelligence community.

22(d) APPLICABILITY.—Subsections (a) and (b) shallkjohnson on DSK79L0C42PROD with BILLS

23 apply only with respect to grants awarded by an element
24 of the intelligence community after the date of the enact25 ment of this Act.
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SEC. 305. EXTENSION OF CENTRAL INTELLIGENCE AGENCY

2

LAW ENFORCEMENT JURISDICTION TO FA-

3CILITIES OF OFFICE OF DIRECTOR OF NA-

4

TIONAL INTELLIGENCE.

5(a) IN GENERAL.—Paragraph (1) of section 15(a) of

6 the Central Intelligence Agency Act of 1949 (50 U.S.C.
7 3515(a)) is amended—
89(1) in subparagraph (C), by striking ‘‘; and’’
and inserting a semicolon;

1011(2) by redesignating subparagraph (D) as subparagraph (E);1213(3) by inserting after subparagraph (C) the following:

14‘‘(D) within an installation owned, or con-15

tracted to be occupied for a period of one year or

16

longer, by the Office of the Director of National In-

17

telligence; and’’; and18(4) in subparagraph (E), as redesignated by

19

paragraph (2), by inserting ‘‘or (D)’’ after ‘‘in sub-20

paragraph (C)’’.

21(b) CONFORMING AMENDMENT.—Paragraph (2) of

22 such section is amended by striking ‘‘or (D)’’ and insert-

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23 ing ‘‘or (E)’’.

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SEC. 306. CLARIFICATION REGARDING PROTECTION OF

2

CENTRAL

3

TIONS.

4

INTELLIGENCEAGENCY

FUNC-

Section 6 of the Central Intelligence Agency Act of

5 1949 (50 U.S.C. 3507) is amended by striking ‘‘, func6 tions’’ and inserting ‘‘or functions of the Agency, or of
7 the’’.
8

SEC. 307. ESTABLISHMENT OF ADVISORY BOARD FOR NA-

9

TIONAL GEOSPATIAL-INTELLIGENCE AGEN-

10

CY.

11

(a) ESTABLISHMENT.—There is established in the

12 National Geospatial-Intelligence Agency an advisory board
13 (in this section referred to as the ‘‘Board’’).

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14(b) DUTIES.—The Board shall—

15(1) study matters relating to the mission of the16

National Geospatial-Intelligence Agency, including

17

with respect to integration of commercial capabili-

18ties, promoting innovation, advice on next generation

19

tasking, collection, processing, exploitation, and dis-20

semination capabilities, strengthening functional

21

management, acquisition, and such other matters as

22

the Director of the National Geospatial-Intelligence23

Agency considers appropriate; and24(2) advise and report directly to the Director

25with respect to such matters.

26(c) MEMBERS.—•S 4503 RS

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(1) NUMBER AND APPOINTMENT.—

2(A) IN

Board shall be

3composed of 6 members appointed by the Direc-

4

tor from among individuals with demonstrated

5

academic, government, business, or other exper-

6

tise relevant to the mission and functions of the7

Agency.

8(B) NOTIFICATION.—Not later than 30

9days after the date on which the Director ap-

10

points a member to the Board, the Director

11

shall notify the congressional intelligence com-12

mittees and the congressional defense commit-

13

tees (as defined in section 101(a) of title 10,

14

United States Code) of such appointment.

15(C) INITIALAPPOINTMENTS.—Not

than 180 days after the date of the enactment

17of this Act, the Director shall appoint the initial

18

6 members to the Board.

19(2) TERMS.—Each member shall be appointed
for a term of 3 years.

21(3) VACANCY.—Any member appointed to fill a

22vacancy occurring before the expiration of the term

23

for which the member’s predecessor was appointed

24

shall be appointed only for the remainder of that

25

term.

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later

16

20

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1

(4) CHAIR.—The Board shall have a Chair, who2shall be appointed by the Director from among the3members.

4(5) TRAVEL EXPENSES.—Each member shall5

receive travel expenses, including per diem in lieu of6

subsistence, in accordance with applicable provisions

7

under subchapter I of chapter 57 of title 5, United

8

States Code.

9(6) EXECUTIVESECRETARY.—The

Director10

may appoint an executive secretary, who shall be an

11

employee of the Agency, to support the Board.

12(d) MEETINGS.—The Board shall meet not less than

13 quarterly, but may meet more frequently at the call of the
14 Director.
15(e) REPORTS.—Not later than March 31 of each

16 year, the Board shall submit to the Director and to the
17 congressional intelligence committees a report on the ac18 tivities and significant findings of the Board during the
19 preceding year.
2021(f) NONAPPLICABILITYOF

CERTAIN REQUIRE-

MENTS.—The Federal Advisory Committee Act (5 U.S.C.

22 App.) shall not apply to the Board.

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23(g) TERMINATION.—The Board shall terminate on

24 the date that is 3 years after the date of the first meeting
25 of the Board.
•S 4503 RS
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1

SEC. 308. ANNUAL REPORTS ON STATUS OF RECOMMENDA-

2

TIONS OF COMPTROLLER GENERAL OF THE

3

UNITED STATES FOR THE DIRECTOR OF NA-

4

TIONAL INTELLIGENCE.

5(a) DEFINITION OF OPEN RECOMMENDATIONS.—In

6 this section, the term ‘‘open recommendations’’ refers to
7 recommendations of the Comptroller General of the
8 United States that the Comptroller General has not yet
9 designated as closed.
10(b) ANNUAL LISTS BY COMPTROLLER GENERAL OF

11

THE UNITED STATES.—Not later than October 31, 2023,

12 and each October 31 thereafter through 2025, the Comp13 troller General of the United States shall submit to the
14 congressional intelligence committees and the Director of
15 National Intelligence a list of all open recommendations
16 made to the Director, disaggregated by report number and
17 recommendation number.
18(c) ANNUAL REPORTS BY DIRECTOR OF NATIONAL

19 INTELLIGENCE.—Not later than 120 days after the date
20 on which the Director receives a list under subsection (b),21 the Director shall submit to the congressional intelligence
22 committees and the Comptroller General a report on the

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23 actions taken by the Director and actions the Director in24 tends to take, alone or in coordination with the heads of
25 other Federal agencies, in response to each open rec26 ommendation identified in the list, including open rec•S 4503 RS
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21
1 ommendations the Director considers closed and rec2 ommendations the Director determines do not require fur3 ther action, as well as the basis for that determination.
4

SEC. 309. TIMELY SUBMISSION OF BUDGET DOCUMENTS

5

FROM INTELLIGENCE COMMUNITY.

6

Not later than 14 days after the date on which the

7 President submits to Congress a budget for a fiscal year
8 pursuant to section 1105(a) of title 31, United States
9 Code, the Director of National Intelligence shall submit
10 to Congress the supporting information under such section
11 for each element of the intelligence community for that
12 fiscal year.
13

SEC. 310. COPYRIGHT PROTECTION FOR CIVILIAN FACULTY

14

OF THE NATIONAL INTELLIGENCE UNIVER-

15

SITY.

16

Section 105 of title 17, United States Code, is

17 amended—18
19(1) by redesignating the second subsection (c)as subsection (d);kjohnson on DSK79L0C42PROD with BILLS

20(2) by striking subsection (c) and inserting the21

following:

22‘‘(c) USE BY FEDERAL GOVERNMENT.—

23‘‘(1) SECRETARY OF DEFENSE AUTHORITY.—

24

With respect to a covered author who produces a25covered work in the course of employment at a cov-

•S 4503 RS
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22
1

ered institution described in subparagraphs (A)2through (L) of subsection (d)(2), the Secretary of

3

Defense may direct the covered author to provide

4

the Federal Government with an irrevocable, royalty-

5

free, worldwide, nonexclusive license to reproduce,

6

distribute, perform, or display such covered work for

7

purposes of the United States Government.

8‘‘(2) DIRECTOR OF NATIONAL INTELLIGENCE

9

AUTHORITY.—With respect to a covered author who

10

produces a covered work in the course of employ-

11

ment at the covered institution described in sub-12

section (d)(2)(M), the Director of National Intel-

13

ligence may direct the covered author to provide the14

Federal Government with an irrevocable, royalty-

15

free, world-wide, nonexclusive license to reproduce,

16

distribute, perform, or display such covered work for

17

purposes of the United States Government.’’; and1819(3) in paragraph (2) of subsection (d), as so redesignated, by adding at the end the following:

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20‘‘(M) National Intelligence University.’’.

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1

SEC. 311. EXPANSION OF REPORTING REQUIREMENTS RE-

2

LATING TO AUTHORITY TO PAY PERSONNEL

3

OF CENTRAL INTELLIGENCE AGENCY FOR

4

CERTAIN INJURIES TO THE BRAIN.

5

Section 2(d)(1) of the Helping American Victims Af-

6 flicted by Neurological Attacks Act of 2021 (Public Law
7 117–46) is amended—
8(1) in subparagraph (A), by inserting ‘‘and not9less frequently than once each year thereafter for 5

10

years’’ after ‘‘Not later than 365 days after the date11of the enactment of this Act’’;

12kjohnson on DSK79L0C42PROD with BILLS

13(2) in subparagraph (B), by adding at the end
the following:

14‘‘(iv) Detailed information about the15

number of covered employees, covered indi-

16

viduals, and covered dependents who re-17

ported18

logical, or related injuries, including those19

broadly termed ‘anomalous health inci-

20

dents’.

experiencing

vestibular,

21‘‘(v) The number of individuals who

22

have sought benefits under any provision

23of section 19A of the Central Intelligence24

Agency Act of 1949 (50 U.S.C. 3519b).

25‘‘(vi) The number of covered employ-26

ees, covered individuals, and covered de•S 4503 RS

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24
1

pendents who are unable to perform all or2part of their professional duties as a result3

of injuries described in clause (iv).

4‘‘(vii) An updated analytic assessment

5

coordinated by the National Intelligence

6

Council regarding the potential causes and7

perpetrators of anomalous health incidents,

8

as well as any and all dissenting views

9within the intelligence community, which

10

shall be included as appendices to the as-

11sessment.’’; and

12
13
14

(3) in subparagraph (C), by striking ‘‘The’’ andinserting ‘‘Each’’.
SEC. 312. MODIFICATIONS TO FOREIGN MALIGN INFLU-

15
16

ENCE RESPONSE CENTER.

(a) RENAMING.—

17(1) IN GENERAL.—Section 119C of the Na-18tional Security Act of 1947 (50 U.S.C. 3059) is

19

amended—

20(A) in the section heading, by striking

21‘‘RESPONSE’’; andkjohnson on DSK79L0C42PROD with BILLS22(B) in subsection (a), by striking ‘‘Re-

23

sponse’’.

24(2) CLERICAL AMENDMENT.—The table of con-25

tents in the matter preceding section 2 of such Act•S 4503 RS
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25
1

is amended by striking the item relating to section

2

119C and inserting the following:‘‘Sec. 119C. Foreign Malign Influence Center.’’.

3(3)

CONFORMINGAMENDMENT.—Section

4589E(d)(2) of the William M. (Mac) Thornberry5

National Defense Authorization Act for Fiscal Year

6

2021 (Public Law 116–283; 10 U.S.C. 2001 note

7

prec.) is amended by striking ‘‘Response’’.

8(4) REFERENCE.—Any reference in law, regula-

9tion, map, document, paper, or other record of the10

United States to the ‘‘Foreign Malign Influence Re-

11

sponse Center’’ shall be deemed to be a reference to

12

the Foreign Malign Influence Center.

13(b) SUNSET.—Section 119C of such Act (50 U.S.C.

14 3059) is further amended—
15
16(1) by redesignating subsection (e) as subsection (f); and17(2) by inserting after subsection (d) the fol-18

lowing:

19‘‘(f) SUNSET.—The authorities and requirements of

20 this section shall terminate on December 31, 2027, and21 the Director of National Intelligence shall take such ac-

kjohnson on DSK79L0C42PROD with BILLS

22 tions as may be necessary to conduct an orderly wind23 down of the activities of the Center before December 31,
24 2028.’’.

•S 4503 RS
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26
1

(c) REPORT.—Not later than December 31, 2026, the2 Director of National Intelligence shall submit to the con3 gressional intelligence committees, the Committee on For4 eign Relations of the Senate, and the Committee on For5 eign Affairs of the House of Representatives a report as6 sessing the continued need for operating the Foreign Ma7 lign Influence Center.
8

SEC. 313. REQUIREMENT TO OFFER CYBER PROTECTION

9SUPPORT

10

LIGENCE COMMUNITY IN POSITIONS HIGHLY

11

VULNERABLE TO CYBER ATTACK.

12

FOR

PERSONNELOF

INTEL-(a) IN GENERAL.—Section 6308(b) of the Damon

13 Paul Nelson and Matthew Young Pollard Intelligence Au14 thorization Act for Fiscal Years 2018, 2019, and 2020
15 (50 U.S.C. 3334d(b)) is amended—
16(1) in paragraph (1)—17

(A) by striking ‘‘may provide’’ and insert-

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18

ing ‘‘shall offer’’;19(B) by inserting ‘‘and shall provide such

20

support to any such personnel who request’’ be-21

fore the period at the end; and22(2) in the subsection heading, by striking ‘‘AU-

23

THORITY’’ and inserting ‘‘REQUIREMENT’’.

24(b) PLAN.—Not later than 180 days after the date

25 of the enactment of this Act, the Director of National In•S 4503 RS
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27
1 telligence shall submit to the congressional intelligence
2 committees an implementation plan for providing the sup3 port described section 6308(b) of the Damon Paul Nelson
4 and Matthew Young Pollard Intelligence Authorization
5 Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C.
6 3334d(b)), as amended by subsection (a), including a de7 scription of the training and resources needed to imple8 ment the support and the methodology for determining the
9 personnel described in paragraph (2) of such section.
10

SEC. 314. MINIMUM CYBERSECURITY STANDARDS FOR NA-

11

TIONAL

12

LIGENCE COMMUNITY.

1314

SECURITY(a) DEFINITIONOFSYSTEMSOFINTEL-NATIONAL SECURITY SYS-

TEMS.—In this section, the term ‘‘national security sys-

15 tems’’ has the meaning given such term in section 3552(b)16 of title 44, United States Code, and includes systems de17 scribed in paragraph (2) or (3) of section 3553(e) of such
18 title.
19(b) REQUIREMENT TO ESTABLISH CYBERSECURITY

20 STANDARDS FOR NATIONAL SECURITY SYSTEMS.—The21 Director of National Intelligence shall, in coordination
22 with the National Manager for National Security Systems,

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23 establish minimum cybersecurity requirements that shall
24 apply to all national security systems operated by, on the•S 4503 RS
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28
1 behalf of, or under a law administered by the head of an
2 element of the intelligence community.
3(c) IMPLEMENTATION DEADLINE.—The require-

4 ments published pursuant to subsection (b) shall include
5 appropriate deadlines by which all elements of the intel6 ligence community that own or operate a national security
7 system shall have fully implemented the requirements es8 tablished under subsection (b) for all national security sys9 tems that it owns or operates.
10(d) MAINTENANCE OF REQUIREMENTS.—Not less

11 frequently than once every 2 years, the Director shall re12 evaluate and update the minimum cybersecurity require13 ments established under subsection (b).
14(e) RESOURCES.—The head of each element of the

15 intelligence community that owns or operates a national
16 security system shall update plans of the element to
17 prioritize resources in such a manner as to fully implement
18 the requirements established in subsection (b) by the dead19 line established pursuant to subsection (c) for the next 10
20 fiscal years.

kjohnson on DSK79L0C42PROD with BILLS21(f) EXEMPTIONS.—

22(1) IN GENERAL.—A national security system

23

of an element of the intelligence community may be

24exempted from the minimum cybersecurity stand-•S 4503 RS
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29
1

ards established under subsection (b) in accordance2with the process established under paragraph (2).

3(2) PROCESS FOR EXEMPTION.—The Director

4

shall establish and administer a process by which5specific national security systems can be exempted

6

under paragraph (1).

7(g) ANNUAL REPORTS ON EXEMPTION REQUESTS.—

8 Each year, the Director shall submit to the congressional
9 intelligence committees an annual report documenting all
10 exemption requests received under subsection (f), the11 number of exemptions denied, and the justification for
12 each exemption request that was approved.
13

SEC. 315. REVIEW AND REPORT ON INTELLIGENCE COMMU-

14

NITY ACTIVITIES UNDER EXECUTIVE ORDER

15

12333.

16(a) REVIEW AND REPORT REQUIRED.—No later than

17 180 days after the date of the enactment of this Act, thekjohnson on DSK79L0C42PROD with BILLS

18 Director of National Intelligence shall—
19(1) conduct a review to ascertain the feasibility

20

and advisability of compiling and making public in-21

formation relating to activities of the intelligence

22

community under Executive Order 12333 (50 U.S.C.

23

3001 note; relating to United States intelligence ac-

24

tivities); and•S 4503 RS
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1

(2) submit to the congressional intelligence2

committees a report on the findings of the Director

3with respect to the review conducted under para-

4graph (1).

5(b) MATTERS ADDRESSED.—The report shall address

6 the feasibility and advisability of making available to the
7 public information relating to the following:89(1) Data on activities described in subsection(a)(1), including the following:

10(A) The amount of United States person

11

information collected pursuant to such activi-

12

ties.

13

(B) Queries of United States persons pur-14

suant to such activities.

15(C) Dissemination of United States person

16

information pursuant to such activities, includ-17

ing masking and unmasking.

kjohnson on DSK79L0C42PROD with BILLS18(D) The use of United States person infor-

19

mation in criminal proceedings.

20(2) Quantitative data and qualitative descrip-

21

tions of incidents in which the intelligence commu-

22nity violated Executive Order 12333 and associated23

guidelines and procedures.

24(c) CONSIDERATIONS.—In conducting the review

25 under subsection (a)(1), the Director shall consider—•S 4503 RS
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1

(1) the public transparency associated with the2

use by the intelligence community of the authorities

3

provided under the Foreign Intelligence Surveillance4

Act of 1978 (50 U.S.C. 1801 et seq.), including rel-5

evant data and compliance incidents; and6(2) the application of the transparency model

7

developed in connection with such Act to activities

8

conducted under Executive Order 12333.

9(d) DISAGGREGATION FOR PUBLIC RELEASE.—In

10 conducting the review under subsection (a)(1), the Direc11 tor shall address whether the relevant data and compliance
12 incidents associated with the different intelligence commu13 nity entities can be disaggregated for public release.
14

SEC. 316. ELEVATION OF THE COMMERCIAL AND BUSINESS15OPERATIONS16

GEOSPATIAL-INTELLIGENCE AGENCY.

17

Beginning not later than 90 days after the date of

OFFICEOF

THE

NATIONAL

18 the enactment of this Act, the head of the commercial and
19 business operations office of the National Geospatial-Intel20 ligence Agency shall report directly to the Director of the

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21 National Geospatial-Intelligence Agency.

•S 4503 RS
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1

SEC. 317. ASSESSING INTELLIGENCE COMMUNITY OPEN-

2

SOURCE SUPPORT FOR EXPORT CONTROLS

3

AND FOREIGN INVESTMENT SCREENING.

4(a) PILOT PROGRAM TO ASSESS OPEN SOURCE SUP-

5

PORT FOR

6

MENT SCREENING.—

EXPORT CONTROLS AND FOREIGN INVEST-

7(1) PILOT PROGRAM AUTHORIZED.—The Direc-

8

tor of National Intelligence shall carry out a pilot

9

program to assess the feasibility and advisability of

10providing intelligence derived from open source, pub-11

licly and commercially available information to the12

Department of Commerce to support the export con-13

trol and investment screening functions of the De-

14partment.

1516(2) AUTHORITY.—In carrying out the pilot program required by paragraph (1), the Director—

17(A) shall establish a process for the provi-

18

sion of information as described in such para-

19

graph; andkjohnson on DSK79L0C42PROD with BILLS

20(B) may—

21(i) acquire and prepare data, con-22

sistent with applicable provisions of law

23

and Executive orders;

24(ii) modernize analytic systems, in-25

cluding through the acquisition, develop-•S 4503 RS
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kjohnson on DSK79L0C42PROD with BILLS

33
1ment, or application of automated tools;

2

and

3

(iii) establish standards and policies

4

regarding the acquisition, treatment, and5

sharing of open source, publicly and com-6

mercially available information.

7(3) DURATION.—The pilot program required by

8paragraph (1) shall be carried out during a 3-year

9

period.

10(b) PLAN AND REPORT REQUIRED.—

11(1) DEFINITION OF APPROPRIATE COMMITTEES

12OF CONGRESS.—In this subsection, the term ‘‘appro-

13

priate committees of Congress’’ means—

14(A) the Select Committee on Intelligence,15

the Committee on Banking, Housing, and16

Urban Affairs, and the Committee on Appro-

17

priations of the Senate; and18(B) the Permanent Select Committee on

19Intelligence, the Committee on Foreign Affairs,

20

the Committee on Financial Services, and the21

Committee on Appropriations of the House of

22

Representatives.

23(2) PLAN.—

24(A) IN GENERAL.—Not later than 90 days

25

after the date of the enactment of this Act, the•S 4503 RS
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1

Director shall, in coordination with the Sec-2

retary of Commerce, submit to the appropriate

3

committees of Congress a plan to carry out the4pilot program required by subsection (a)(1).

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5(B)

CONTENTS.—The

plan

6

under subparagraph (A) shall include the fol-7

lowing:8(i) A list, developed in consultation

9

with the Secretary of Commerce, of the ac-

10tivities of the Department of Commerce

11

that will be supported by the center estab-

12

lished under the pilot program.

13(ii) A plan for measuring the effec-

14

tiveness of the center established under the15

pilot program and the value of open

16

source, publicly and commercially available

17

information to the export control and in-18

vestment screening missions.

19(3) REPORT.—

20(A) IN

GENERAL.—Notlater than 540

21days after the date on which the Director sub-22

mits the plan under paragraph (2)(A), the Di-

23

rector shall submit to the appropriate commit-

24

tees of Congress a report on the findings of the25

Director with respect to the pilot program.

•S 4503 RS
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1

(B) CONTENTS.—The report submitted2

under subparagraph (A) shall include the fol-3

lowing:4(i) An assessment of the feasibility

5

and advisability of providing information6

as described in subsection (a)(1).

7(ii) An assessment of the value of

8

open source, publicly and commercially9available information to the export control

10

and investment screening missions, using

11

the measures of effectiveness under para-

12

graph (2)(B)(ii).

13(iii) Identification of opportunities for14

and barriers to more effective use of open

15

source, publicly and commercially available

16

information by the intelligence community.

17

SEC. 318. ANNUAL TRAINING REQUIREMENT AND REPORT18

REGARDING ANALYTIC STANDARDS.

19(a) POLICY FOR TRAINING PROGRAM REQUIRED.—

20 Consistent with sections 1019 and 1020 of the Intelligence
21 Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
22 3364 and 3364 note), the Director of National Intelligencekjohnson on DSK79L0C42PROD with BILLS

23 shall issue a policy that requires each head of an element
24 of the intelligence community, that has not already done
25 so, to create, before the date that is 180 days after the•S 4503 RS
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36
1 date of the enactment of this Act, an annual training pro2 gram on the standards set forth in Intelligence Commu3 nity Directive 203, Analytic Standards (or successor direc4 tive).
5(b) CONDUCT OF TRAINING.—Training required pur-6 suant to the policy required by subsection (a) may be con7 ducted in conjunction with other required annual training
8 programs conducted by the element of the intelligence
9 community concerned.
10(c) CERTIFICATION OF COMPLETION OF TRAINING.—

11 Each year, each head of an element of the intelligence
12 community shall submit to the congressional intelligence
13 committees a certification as to whether all of the analysts
14 of that element have completed the training required pur15 suant to the policy required by subsection (a) and if the
16 analysts have not, an explanation of why the training has
17 not been completed.
18(d) REPORTS.—

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19(1) ANNUALREPORT.—In

conjunction with20

each briefing provided under section 1019(c) of the21Intelligence Reform and Terrorism Prevention Act

22

of 2004 (50 U.S.C. 3364(c)), the Director shall sub-23

mit to the congressional intelligence committees a24report on the number and themes of compliance inci-

25

dents reported to intelligence community analytic•S 4503 RS
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1

ombudspersons relating to the standards set forth in

2Intelligence Community Directive 203 (relating to3

analytic standards), or successor directive.

4(2) REPORT ON PERFORMANCE EVALUATION.—5

Not later than 90 days after the date of the enact-

6

ment of this Act, the head of analysis at each ele-

7ment of the intelligence community that conducts

8

all-source analysis shall submit to the congressional

9

intelligence committees a report describing how com-10

pliance with the standards set forth in Intelligence

11

Community Directive 203 (relating to analytic

12

standards), or successor directive, is considered in13

the performance evaluations and consideration for

14

merit pay, bonuses, promotions, and any other per-15

sonnel actions for analysts within the element.

16(e) RULE OF CONSTRUCTION.—Nothing in this sec-

17 tion shall be construed to prohibit the Director from pro18 viding training described in this section as a service of
19 common concern.
20(f) SUNSET.—This section shall cease to be effective

21 on the date that is 5 years after the date of the enactment

kjohnson on DSK79L0C42PROD with BILLS

22 of this Act.

•S 4503 RS
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1

SEC. 319. HISTORICAL ADVISORY PANEL OF THE CENTRAL

2
3

INTELLIGENCE AGENCY.

The Central Intelligence Agency Act of 1949 (50

4 U.S.C. 3501 et seq.) is amended by adding at the end
5 the following:
6
7‘‘SEC. 29. HISTORICAL ADVISORY PANEL.

‘‘(a) DEFINITIONS.— In this section, the terms ‘con-

8 gressional intelligence committees’ and ‘intelligence com9 munity’ have the meanings given those terms in section
10 3 of the National Security Act of 1947 (50 U.S.C. 3003).
11‘‘(b) ESTABLISHMENT.—There is established within

12 the Agency an advisory panel to be known as the ‘Histor13 ical Advisory Panel’ (in this section referred to as the
14 ‘panel’).
15‘‘(c) MEMBERSHIP.—

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16‘‘(1) COMPOSITION.—

17‘‘(A) IN GENERAL.—The panel shall be

18

composed of up to 7 members appointed by the19

Director from among individuals recognized as20

scholarly authorities in history, international re-21

lations, or related fields.

22‘‘(B) INITIAL APPOINTMENTS.—Not later23

than 180 days after the date of the enactment

24of this section, the Director shall appoint the25

initial members of the panel.

•S 4503 RS
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1

‘‘(2) CHAIRPERSON.—The Director shall des-2

ignate a Chairperson of the panel from among the3members of the panel.

4‘‘(d) SECURITY CLEARANCES AND ACCESSES.—The

5 Director shall sponsor appropriate security clearances and6 accesses for all members of the panel.
7‘‘(e) TERMS OF SERVICE.—

8‘‘(1) IN GENERAL.—Each member of the panel

9

shall be appointed for a term of 3 years.

10‘‘(2) RENEWAL.—The Director may renew the11

appointment of a member of the panel for not more

12

than 2 subsequent terms.

13‘‘(f) DUTIES.—The panel shall advise the Agency

14 on—
1516‘‘(1) topics for research and publication within
the Agency;

1718‘‘(2) topics for discretionary declassification reviews;

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19‘‘(3) declassification of specific records or types

20of records;

21

‘‘(4)

determinations

regarding

topics22

records whose continued classification is outweighed

23

by the public benefit of disclosure;•S 4503 RS
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1

‘‘(5) technological tools to modernize the classi-

2

fication and declassification processes to improve the3efficiency and effectiveness of those processes; and4‘‘(6) other matters as the Director may assign.

5‘‘(g) REPORTS.—Not less than once each year, the

6 panel shall submit to the Director and the congressional
7 intelligence committees a report on the activities of the
8 panel.
9‘‘(h) NONAPPLICABILITYOF

FEDERAL ADVISORY

10 COMMITTEE ACT.—The Federal Advisory Committee Act
11 (5 U.S.C. App.) shall not apply to the panel.
12‘‘(i) SUNSET.—The provisions of this section shall ex-

13 pire 7 years after the date of the enactment of the Intel14 ligence Authorization Act for Fiscal Year 2023, unless re15 authorized by statute.’’.

TITLE IV—INTELLIGENCE MAT17TERS RELATING TO THE PEO18
PLE’S REPUBLIC OF CHINA
16

19
20

OPERATIONS

21

UNITED

22

MUNIST PARTY.

23
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SEC. 401. UPDATE TO ANNUAL REPORTS ON INFLUENCEANDSTATESCAMPAIGNS

BY

THE

IN

THE

CHINESECOM-

Section 1107(b) of the National Security Act of 1947

24 (50 U.S.C. 3237(b)) is amended—•S 4503 RS
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1
2

(1) by redesignating paragraph (10) as paragraph (11); and34(2) by inserting after paragraph (9) the following:

5‘‘(10) An assessment of online influence and6

propaganda activities of the Chinese Communist

7

Party, including the use of social media and news

8outlets in the United States and allied countries for9

specific influence campaigns, that includes the fol-10

lowing:11‘‘(A) A description of—

12‘‘(i) the mechanisms by which such

13

activities are pursued, including a break-14

down of the different platforms used and15

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16‘‘(ii) primary actors that—

17‘‘(I) direct such activities; and18‘‘(II) undertake such activities;

19

and

20

‘‘(iii) how narratives and themes are21

developed.

22‘‘(B) A discussion of opportunities to ex-

23pose and counter such activities in social media

24

and news outlets outside of China, including

25

through—•S 4503 RS
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‘‘(i) increasing transparency with re-2spect to—3‘‘(I) the ownership of print,

4

video, and digital media; and5‘‘(II) funders, advertisers, and6

contributors of content;

7‘‘(ii) enhancing the United States

8

Agency for Global Media, especially Radio

9Free Asia and Voice of America;

10‘‘(iii) encouraging major media outlets

11

to make some of their content available in

12

Chinese languages to support independent

13

Chinese media; and14‘‘(iv) pressing WeChat to end its cen-15

sorship, information control, and surveil-

16

lance of audiences based in the United

17

States.’’.

18

SEC. 402. REPORT ON WEALTH AND CORRUPT ACTIVITIES19

OF THE LEADERSHIP OF THE CHINESE COM-

20

MUNIST PARTY.

21(a) REPORT REQUIRED.—Not later than 1 year after

22 the date of the enactment of this Act, the Director of Na-

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23 tional Intelligence shall make available to the public an
24 unclassified report on the wealth and corrupt activities of
25 the leadership of the Chinese Communist Party, including•S 4503 RS
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1 the General Secretary of the Chinese Communist Party
2 and senior leadership officials in the Central Committee,
3 the Politburo, the Politburo Standing Committee, and any
4 other regional Party Secretaries.
5(b) ANNUAL UPDATES.—Not later than 2 years after

6 the date of the enactment of this Act and not less fre7 quently than once each year thereafter until the date that
8 is 6 years after the date of the enactment of this Act,
9 the Director shall update the report published under sub10 section (a).
11

SEC. 403. IDENTIFICATION AND THREAT ASSESSMENT OF

12COMPANIES13PEOPLE’S REPUBLIC OF CHINA.

14

WITH

INVESTMENTS

BY

THE

Not later than 120 days after the date of the enact-

15 ment of this Act, the Director of National Intelligence, in
16 consultation with such heads of elements of the intel17 ligence community as the Director considers appropriate,
18 shall provide to the congressional intelligence committees

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19 a report on the risk to national security of the use of—20(1) telecommunications companies with sub-21

stantial investment by the People’s Republic of

22

China operating in the United States or providing

23

services to affiliates and personnel of the intelligence

24

community; and•S 4503 RS
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1

(2) hospitality and conveyance companies with2

substantial investment by the People’s Republic of

3

China by affiliates and personnel of the intelligence

4community for travel on behalf of the United States

5

Government.

6

SEC. 404. INTELLIGENCE COMMUNITY WORKING GROUP

7

FOR

8

TECHNOLOGICAL CAPABILITIES OF THE PEO-

9

PLE’S REPUBLIC OF CHINA.

10

MONITORINGTHE

ECONOMIC

AND(a) IN GENERAL.—The Director of National Intel-

11 ligence, in consultation with such heads of elements of the
12 intelligence community as the Director considers appro13 priate, shall establish a cross-intelligence community ana14 lytical working group (in this section referred to as the
15 ‘‘working group’’) on the economic and technological capa16 bilities of the People’s Republic of China.
17(b) MONITORINGAND

ANALYSIS.—The working

18 group shall monitor and analyze—
19kjohnson on DSK79L0C42PROD with BILLS

20(1) the economic and technological capabilitiesof the People’s Republic of China;

21(2) the extent to which those capabilities rely

22

on exports, investments in companies, or services

23

from the United States and other foreign countries;•S 4503 RS
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1

(3) the links of those capabilities to the mili-

2tary-industrial complex of the People’s Republic of

3

China; and4(4) the threats those capabilities pose to the na-

5tional and economic security and values of the

6

United States.

7(c) ANNUAL ASSESSMENT.—

8(1) INless frequently than9

once each year, the working group shall submit to10

the congressional intelligence committees an assess-11

ment of the economic and technological strategy, ef-

12forts, and progress of the People’s Republic of China

13

to become the dominant military, technological, and14

economic power in the world and undermine the15rules-based world order.

16
17

kjohnson on DSK79L0C42PROD with BILLSGENERAL.—Not(2) ELEMENTS.—Each assessment required byparagraph (1) shall include the following:

18(A) An unclassified overview of the major

19

goals, strategies, and policies of the People’s

20

Republic of China to control, shape, or develop

21

self-sufficiency in key technologies and control

22

related supply chains and ecosystems, includ-

23

ing—

24

(i) efforts to acquire United States

25

and other foreign technology and recruit•S 4503 RS
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kjohnson on DSK79L0C42PROD with BILLS

46
1

foreign talent in technology sectors of the2

People’s Republic of China, including the3extent to which those efforts relate to the4military-industrial complex of the People’s

5

Republic of China;6(ii) efforts related to incentivizing

7

offshoring of United States and foreign

8

manufacturing to China, influencing global

9

supply chains, and creating supply chain

10

vulnerabilities for the United States, in-11

cluding China’s investments or potential

12

investments in foreign countries to create

13

monopolies in the processing and exporting

14of rare earth and other critical materials

15

necessary for renewable energy, including

16

cobalt, lithium, and nickel;

17(iii) related tools and market access18

restrictions or distortions imposed by the19

People’s Republic of China on foreign

20

firms and laws and regulations of the Peo-21

ple’s Republic of China that discriminate

22

against United States and other foreign

23

firms; and24(iv) efforts of the People’s Republic of

25

China to attract investment from the•S 4503 RS
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kjohnson on DSK79L0C42PROD with BILLS

47
1

United States and other foreign investors

2

to build self-sufficient capabilities and the3

type of capital flows from the United

4

States to China, including information on

5

documentation of the lifecycle of invest-

6

ments, from the specific actions taken by

7

the Government of the People’s Republic of

8

China to attract the investments to the9outcome of such efforts for entities and

10

persons of the People’s Republic of China.

11(B) An unclassified assessment of the

12

progress of the People’s Republic of China to13achieve its goals, disaggregated by economic

14

sector.

15(C) An unclassified assessment of the im-

16

pact of the transfer of capital, technology, data,

17

talent, and technical expertise from the United

18

States to China on the economic, technological,

19

and military capabilities of the People’s Repub-20

lic of China.

21(D) An unclassified list of the top 200

22

businesses, academic and research institutions,23

or other entities of the People’s Republic of

24

China that are—•S 4503 RS
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kjohnson on DSK79L0C42PROD with BILLS481(i) designated by Chinese securities2

issuing and trading entities or other3

sources as supporting the military-indus-

4

trial complex of the People’s Republic of

5

China;

6(ii) developing, producing, or export-

7

ing technologies of strategic importance to

8

the People’s Republic of China or sup-9

porting entities of the People’s Republic of

10

China that are subject to sanctions im-

11

posed by the United States;

12(iii) supporting the military-civil fu-

13sion program of the People’s Republic of

14

China; or15(iv) otherwise supporting the goals

16

and efforts of the Chinese Communist

17

Party and Chinese government entities, in-18

cluding the Ministry of State Security, the19

Ministry of Public Security, and the Peo-20

ple’s Liberation Army.

21(E) An unclassified list of the top 100 de-

22velopment, infrastructure, or other strategic

23

projects that the People’s Republic of China is

24

financing abroad that—•S 4503 RS
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49
1

(i) advance the technology goals and2strategies

3

Party; ortheChineseCommunist

4(ii) evade financial sanctions, export

5

controls, or import restrictions imposed by

6

the United States.

7(F) An unclassified list of the top 100

8businesses, research institutions, or other enti-

9ties of the People’s Republic of China that are10

developing surveillance, smart cities, or related

11

technologies that are—12(i) exported to other countries, under-

13

mining democracy worldwide; or14(ii) provided to the security services of15

the People’s Republic of China, enabling16

them to commit severe human rights

17

abuses in China.

18(G) An unclassified list of the top 100

19

businesses or other entities of the People’s Re-

20

public of China that are—21(i) operating in the genocide zone in

22

kjohnson on DSK79L0C42PROD with BILLSofXinjiang; or23(ii) supporting the Xinjiang Public

24

Security Bureau, the Xinjiang Bureau of25

the Ministry of State Security, the People’s•S 4503 RS
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50
1Armed Police, or the Xinjiang Production

2and Construction Corps.

3(H) A list of investment funds, public com-4

panies, or private or early-stage firms of the5People’s Republic of China that have received

6

more than $100,000,000 in capital flows from7

the United States during the 10-year period8

preceding the date on which the assessment is

9submitted.

10(3) PREPARATION OF ASSESSMENTS.—In pre-11

paring each assessment required by paragraph (1),12the working group shall use open source documents

13

in Chinese language and commercial databases.

14(4) FORMAT.—An assessment required by para-

15

graph (1) may be submitted in the format of a Na-

16

tional Intelligence Estimate.

17(5) FORM.—Each assessment required by para-

18

graph (1) shall be submitted in unclassified form,

19

but may include a classified annex.

20(6) PUBLICATION.—The unclassified portion of21

each assessment required by paragraph (1) shall be

22

published on the publicly accessible website of the23

Director of National Intelligence.

24(d) BRIEFINGS TO CONGRESS.—Not less frequently

25 than quarterly, the working group shall provide to Con•S 4503 RS
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1 gress a classified briefing on the economic and techno2 logical goals, strategies, and progress of the People’s Re3 public of China, especially on the information that cannot
4 be disclosed in the unclassified portion of an assessment
5 required by subsection (c)(1).
6(e) CLASSIFIED ANALYSES.—Each classified annex

7 to an assessment required by subsection (c)(1) or cor8 responding briefing provided under subsection (d) shall in9 clude an analysis of—
10(1) the vulnerabilities of the People’s Republic

11

of China, disaggregated by economic sector, indus-

12

try, and entity; and

13

(2)

the

technologicalorsupplychain

14chokepoints of the People’s Republic of China that15

provide leverage to the United States.

16(f) SUNSET.—This section shall cease to be effective

17 on the date that is 5 years after the date of the enactment
18 of this Act.
19

SEC. 405. ANNUAL REPORT ON CONCENTRATED REEDUCA-

20

TION CAMPS IN THE XINJIANG UYGHUR AU-

21

TONOMOUS REGION OF THE PEOPLE’S RE-

22

PUBLIC OF CHINA.

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23(a) DEFINITION OF COVERED CAMP.—In this sec-

24 tion, the term ‘‘covered camp’’ means a detention camp,
25 prison, forced labor camp, or forced labor factory located•S 4503 RS
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1 in the Xinjiang Uyghur Autonomous Region of the Peo2 ple’s Republic of China, referred to by the Government
3 of the People’s Republic of China as ‘‘concentrated reedu4 cation camps’’ or ‘‘vocational training centers’’.
5(b) ANNUAL REPORT REQUIRED.—Not later than

6 120 days after the date of the enactment of this Act, and7 annually thereafter for 5 years, the Director of National
8 Intelligence, in consultation with such heads of elements
9 of the intelligence community as the Director considers
10 appropriate, shall submit to the congressional intelligence
11 committees a report on the status of covered camps.
12(c) ELEMENTS.—Each report required by subsection

13 (b) shall include the following:
14(1) An identification of the number and geo-

15

graphic location of covered camps and an estimate

16of the number of victims detained in covered camps.

17(2) A description of—18(A) the types of personnel and equipment

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19

in covered camps;

20(B) the funding received by covered camps

21

from the Government of the People’s Republic

22

of China; and23(C) the role of the security services of the24

People’s Republic of China and the Xinjiang•S 4503 RS
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1

Production and Construction Corps in enforcing

2

atrocities at covered camps.

3(3) A comprehensive list of—4(A) the entities of the Xinjiang Production

5and Construction Corps, including subsidiaries

6

and affiliated businesses, with respect to which

7

sanctions have been imposed by the United

8

States;9(B) commercial activities of those entities

10

outside of the People’s Republic of China; and11(C) other Chinese businesses, including in12

the artificial intelligence, biotechnology, and13

surveillance technology sectors, that are in-14

volved with the atrocities in Xinjiang or sup-15

porting the policies of the People’s Republic of

16

China in the region.

17(d) FORM.—Each report required by subsection (b)18 shall be submitted in unclassified form, but may include
19 a classified annex.
20(e) PUBLICATION.—The unclassified portion of each

21 report required by subsection (b) shall be published on the
22 publicly accessible website of the Office of the Director

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23 of National Intelligence.

•S 4503 RS
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1

SEC. 406. ASSESSMENTS OF PRODUCTION OF SEMICONDUC-

2TORS BY THE PEOPLE’S REPUBLIC OF CHINA.

3(a) IN GENERAL.—Not later than 60 days after the

4 date of the enactment of this Act, and annually thereafter
5 for 3 years, the Director of National Intelligence shall sub6 mit to the congressional intelligence committees an assess7 ment of progress by the People’s Republic of China in
8 global competitiveness in the production of semiconductors
9 by Chinese firms.
10(b) ELEMENTS.—Each assessment submitted underkjohnson on DSK79L0C42PROD with BILLS

11 subsection (a) shall include the following:
12(1) The progress of the People’s Republic of

13

China toward self-sufficiency in the supply of semi-

14

conductors for globally competitive Chinese firms,

15

including those firms competing in the fields of arti-

16

ficial intelligence, cloud computing, autonomous ve-

17hicles, next-generation and renewable energy, and18high-performance computing.

19(2) Activity of Chinese firms with respect to the20

procurement of semiconductor manufacturing equip-

21

ment necessary for the production of microelec-

22

tronics below the 20 nanometer process node, includ-23

ing any identified export diversion to evade export

24

controls.

25(3) A comprehensive summary of unilateral and26

multilateral export controls that Chinese semicon•S 4503 RS

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kjohnson on DSK79L0C42PROD with BILLS

55
1ductor manufacturers have been subject to in the2year preceding the date on which the assessment is

3

submitted, as well as a description of the status of4

export licenses issued by any export control author-

5

ity during that time period.

6(4) Any observed stockpiling efforts by Chinese

7

firms with respect to semiconductor manufacturing

8equipment, substrate materials, silicon wafers, or

9other necessary inputs for semiconductor production.

10(5) An analysis of the relative market share of11

different Chinese semiconductor manufacturers at

12

different process nodes and the estimated increase13

or decrease of market share by that manufacturer in

14

each product category during the preceding year.

15(6) A comprehensive summary of recruitment

16

activity of the People’s Republic of China targeting17

semiconductor manufacturing engineers and man-18

agers from non-Chinese firms.

19(7) An analysis of the capability of the work-

20

force of the People’s Republic of China to design,

21

produce, and manufacture microelectronics below the22

20 nanometer process node and relevant equipment.

23(c) FORM OF ASSESSMENTS.—Each assessment sub-24 mitted under subsection (a) shall be submitted in unclassi25 fied form and include a classified annex.
•S 4503 RS
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TITLE V—PERSONNEL AND SE2
CURITY
CLEARANCE
MAT3
TERS
1

4

SEC. 501. IMPROVING ONBOARDING OF PERSONNEL IN IN-

5
6

TELLIGENCE COMMUNITY.

(a) METHODOLOGY.—The Director of National Intel-

7 ligence shall establish a methodology appropriate for all
8 elements of the intelligence community that can be used
9 to measure, consistently and reliably, the time it takes to
10 onboard personnel, from time of application to beginning
11 performance of duties.

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12(b) REPORT.—

13(1) IN GENERAL.—Not later than 90 days after14

the date of the enactment of this Act, the Director

15

shall submit to the congressional intelligence com-16

mittees a report on the time it takes to onboard per-17

sonnel in the intelligence community.

18(2) ELEMENTS.—The report submitted under19

paragraph (1) shall cover the mean and median time20

it takes to onboard personnel in the intelligence com-21

munity, disaggregated by mode of onboarding and22element of the intelligence community.

23(c) PLAN.—

24(1) IN GENERAL.—Not later than 180 days

25

after the date of the enactment of this Act, the Di•S 4503 RS

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57
1

rector shall submit to the congressional intelligence2

committees a plan to reduce the time it takes to on-

3board personnel in the intelligence community, for4elements of the intelligence community that have5

median onboarding times that exceed 180 days.

6(2) ELEMENTS.—The plan submitted under

7

paragraph (1) shall include milestones to achieve8certain specific goals with respect to the mean, me-9dian, and mode time it takes to onboard personnel

10

in the elements of the intelligence community de-11

scribed in such paragraph, disaggregated by element

12of the intelligence community.

13

SEC. 502. IMPROVING ONBOARDING AT THE CENTRAL IN-

14
15

TELLIGENCE AGENCY.

(a) DEFINITION OF ONBOARD PERIOD.—In this sec-

16 tion, the term ‘‘onboard period’’ means the period begin17 ning on the date on which an individual submits an appli18 cation for employment with the Central Intelligence Agen19 cy and the date on which the individual is formally offered
20 one or more entrance on duty dates.
21(b) IN GENERAL.—The Director of the Central Intel-

22 ligence Agency shall take such actions as the Director con-kjohnson on DSK79L0C42PROD with BILLS

23 siders appropriate and necessary to ensure that, by De24 cember 31, 2023, the median duration of the onboard pe-•S 4503 RS
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58
1 riod for new employees at the Central Intelligence Agency
2 is equal to or less than 180 days.
3

SEC. 503. REPORT ON LEGISLATIVE ACTION REQUIRED TO

4IMPLEMENT TRUSTED WORKFORCE 2.0 INI-

5

TIATIVE.

6(a) REPORT REQUIRED.—Not later than 180 days

7 after the date of the enactment of this Act, the Deputy
8 Director for Management of the Office of Management
9 and Budget shall, in the Deputy Director’s capacity as the
10 Chair of the Security, Suitability, and Credentialing Per11 formance Accountability Council pursuant to section 2.4
12 of Executive Order 13467 (50 U.S.C. 3161 note; relating
13 to reforming processes related to suitability for Govern14 ment employment, fitness for contractor employees, and
15 eligibility for access to classified national security informa16 tion), submit to Congress a report on the legislative action
17 required to implement the Trusted Workforce 2.0 initia18 tive.
19(b) CONTENTS.—The report submitted under sub-kjohnson on DSK79L0C42PROD with BILLS

20 section (a) shall include the following:
21(1) Specification of the statutes that require22

amendment in order to implement the initiative de-23

scribed in subsection (a).

•S 4503 RS
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59
1

(2) For each statute specified under paragraph2(1), an indication of the priority for enactment of an3amendment.

4(3) For each statute specified under paragraph5(1), a description of the consequences if the statute6

is not amended.

7

SEC.

504.

COMPTROLLER

GENERAL

OF

THE

UNITED

8

STATES ASSESSMENT OF ADMINISTRATION

9OF POLYGRAPHS IN INTELLIGENCE COMMU-

10

NITY.

11

(a) ASSESSMENT REQUIRED.—The Comptroller Gen-

12 eral of the United States shall conduct an assessment of
13 the administration of polygraph evaluations that are need14 ed in the intelligence community to meet current annual
15 mission demand.
16(b) ELEMENTS.—The assessment completed underkjohnson on DSK79L0C42PROD with BILLS

17 subsection (a) shall include the following:
18(1) Identification of the number of polygraphers19

currently available at each element of the intel-

20

ligence community to meet the demand described in21

subsection (a).

22(2) If the demand described in subsection (a)23cannot be met, an identification of the number of24

polygraphers that would need to be hired and cer-25

tified to meet it.

•S 4503 RS
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60
1

(c) BRIEFING.—Not later than 180 days after the

2 date of the enactment of this Act, the Comptroller General
3 shall brief the congressional intelligence committees on the
4 preliminary findings of the Comptroller General with re5 spect to the assessment conducted pursuant to subsection
6 (a).
7(d) REPORT.—Not later than one year after the date

8 of the enactment of this Act, the Comptroller General shall
9 submit to the committees described in subsection (c) a re10 port on the findings of the Comptroller General with re11 spect to the assessment conducted pursuant to subsection
12 (a).
13

SEC. 505. TIMELINESS IN THE ADMINISTRATION OF POLY-

14

kjohnson on DSK79L0C42PROD with BILLS

15

GRAPHS.

(a) STANDARDS REQUIRED.—

16(1) IN GENERAL.—Not later than 180 days

17

after the date of the enactment of this Act, the Di-

18

rector of National Intelligence shall, in the Direc-

19

tor’s capacity as the Security Executive Agent pur-20

suant to section 803(a) of the National Security Act21

of 1947 (50 U.S.C. 3162a(a)), issue standards for

22timeliness for Federal agencies to administer poly-

23graphs conducted for the purpose of—

24(A) adjudicating decisions regarding eligi-

25bility for access to classified information (as de-•S 4503 RS
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61
1

fined in the procedures established pursuant to2

section 801(a) of the National Security Act of31947 (50 U.S.C. 3161(a))); and

4(B) granting reciprocity pursuant to Secu-

5

rity Executive Agent Directive 2, or successor

6

directive.

7(2) PUBLICATION.—The Director shall publish8

the standards issued under paragraph (1) in the9Federal Register or such other venue as the Director

10

considers appropriate.

11(b) IMPLEMENTATION PLAN REQUIRED.—Not later

12 than 180 days after the date of the enactment of this Act,
13 the Director shall submit to Congress an implementation
14 plan for Federal agencies to comply with the standards
15 issued under subsection (a). Such plan shall specify the
16 resources required by Federal agencies to comply with
17 such standards.
18

SEC. 506. POLICY ON SUBMITTAL OF APPLICATIONS FOR

19

ACCESS TO CLASSIFIED INFORMATION FOR

20

CERTAIN PERSONNEL.

21

Not later than 180 days after the date of the enact-

22 ment of this Act, the Director of National Intelligencekjohnson on DSK79L0C42PROD with BILLS

23 shall, in the Director’s capacity as the Security Executive
24 Agent pursuant to section 803(a) of the National Security
25 Act of 1947 (50 U.S.C. 3162a(a)), issue a policy that al•S 4503 RS
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62
1 lows a private person to submit a certain number or pro2 portion of applications, on a nonreimbursable basis, for
3 employee access to classified information for personnel
4 who perform key management and oversight functions who
5 may not merit an application due to their work under any
6 one contract.
7

SEC. 507. PROHIBITION ON DENIAL OF ELIGIBILITY FOR

8ACCESS TO CLASSIFIED INFORMATION SOLE-9

LY BECAUSE OF PREEMPLOYMENT USE OF

10CANNABIS.

11(a) DEFINITIONS.—In this section:

1213(1) AGENCY.—The term ‘‘agency’’ applies only
to an element of the intelligence community.

14(2) ELIGIBILITY FOR ACCESS TO CLASSIFIED

15

INFORMATION.—The

16

classified information’’ has the meaning given such17

term in the procedures established pursuant to sec-

18

tion 801(a) of the National Security Act of 1947 (5019

U.S.C. 3161(a)).

20(b) PROHIBITION.—Notwithstanding any other provi-

term ‘‘eligibility for access to

21 sion of law, the head of an agency may not make a deter22 mination to deny an individual’s eligibility for access tokjohnson on DSK79L0C42PROD with BILLS

23 classified information based solely on the individual’s pre24 employment use of cannabis.

•S 4503 RS
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63
1

SEC. 508. TECHNICAL CORRECTION REGARDING FEDERAL

2

POLICY ON SHARING OF COVERED INSIDER

3

THREAT INFORMATION.

4

Section 806(b) of the Intelligence Authorization Act

5 for Fiscal Year 2022 (Public Law 117–103) is amended
6 by striking ‘‘contracting agency’’ and inserting ‘‘con7 tractor that employs the contractor employee’’.
8

SEC. 509. ESTABLISHING PROCESS PARITY FOR ADVERSE

9

SECURITY CLEARANCE AND ACCESS DETER-

10MINATIONS.

11

Subparagraph (C) of section 3001(j)(4) of the Intel-

12 ligence Reform and Terrorism Prevention Act of 2004 (50
13 U.S.C. 3341(j)(4)) is amended to read as follows:

kjohnson on DSK79L0C42PROD with BILLS

14‘‘(C) CONTRIBUTING FACTOR.—

15‘‘(i) IN GENERAL.—Subject to clause

16(iii), in determining whether the adverse

17

security clearance or access determination

18

violated paragraph (1), the agency shall19

find that paragraph (1) was violated if the20

individual has demonstrated that a disclo-

21

sure described in paragraph (1) was a con-22

tributing factor in the adverse security

23

clearance or access determination taken

24

against the individual.

25‘‘(ii) CIRCUMSTANTIAL

26

EVIDENCE.—

An individual under clause (i) may dem•S 4503 RS

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kjohnson on DSK79L0C42PROD with BILLS

64
1

onstrate that the disclosure was a contrib-

2

uting factor in the adverse security clear-3

ance or access determination taken against4

the individual through circumstantial evi-

5

dence, such as evidence that—

6‘‘(I) the official making the de-7termination knew of the disclosure;

8

and

9

‘‘(II) the determination occurred

10

within a period such that a reasonable11

person could conclude that the disclo-

12

sure was a contributing factor in the13

determination.

14‘‘(iii)

DEFENSE.—In

determining

15

whether the adverse security clearance or16

access determination violated paragraph

17(1), the agency shall not find that para-

18

graph (1) was violated if, after a finding

19

that a disclosure was a contributing factor,

20

the agency demonstrates by clear and con-21

vincing evidence that it would have made22

the same security clearance or access de-23

termination in the absence of such disclo-

24

sure.’’.

•S 4503 RS
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65
1

SEC. 510. ELIMINATION OF CAP ON COMPENSATORY DAM-

2

AGES FOR RETALIATORY REVOCATION OF SE-

3

CURITY CLEARANCES AND ACCESS DETER-

4MINATIONS.

5

Section 3001(j)(4)(B) of the Intelligence Reform and6 Terrorism

Prevention

Act

of

2004

(50

U.S.C.

7 3341(j)(4)(B)) is amended, in the second sentence, by
8 striking ‘‘not to exceed $300,000’’.
9

SEC.

511.

COMPTROLLER

GENERAL

OF

THE

UNITED

10

STATES REPORT ON USE OF GOVERNMENT

11

AND INDUSTRY SPACE CERTIFIED AS SECURE

12COMPARTMENTED

13

TIES.

14

INFORMATIONFACILI-

Not later than 180 days after the date of the enact-

15 ment of this Act, the Comptroller General of the United
16 States shall submit to Congress a report on the average
17 annual utilization of Federal Government and industry
18 space certified as a secure compartmented information fa19 cility under intelligence community or Department of De-

kjohnson on DSK79L0C42PROD with BILLS

20 fense policy.

•S 4503 RS
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66

TITLE VI—INSPECTOR GENERAL
2
OF THE INTELLIGENCE COM3
MUNITY
1

4

SEC. 601. SUBMITTAL OF COMPLAINTS AND INFORMATION

5BY WHISTLEBLOWERS IN THE INTELLIGENCE

6

COMMUNITY TO CONGRESS.

7(a) AMENDMENTS TO INSPECTOR GENERAL ACT OF

8 1978.—9(1) APPOINTMENT OF SECURITY OFFICERS.—

10

Section 8H of the Inspector General Act of 1978 (511

U.S.C. App.) is amended—

12(A) by redesignating subsection (h) as sub-13

section (i); and

14(B) by inserting after subsection (g) the15
16

following:‘‘(h) APPOINTMENT OF SECURITY OFFICERS.—Each

17 Inspector General under this section, including the des18 ignees of the Inspector General of the Department of De19 fense pursuant to subsection (a)(3), shall appoint within
20 their offices security officers to provide, on a permanent
21 basis, confidential, security-related guidance and direction
22 to an employee of their respective establishment, an em-

kjohnson on DSK79L0C42PROD with BILLS

23 ployee assigned or detailed to such establishment, or an
24 employee of a contractor of such establishment who in25 tends to report to Congress a complaint or information,•S 4503 RS
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67
1 so that such employee can obtain direction on how to re2 port to Congress in accordance with appropriate security
3 practices.’’.
45(2) PROCEDURES.—Subsection (d) of such section is amended—

6(A) in paragraph (1), by inserting ‘‘or any

7other committee of jurisdiction of the Senate or8

the House of Representatives’’ after ‘‘either or9both of the intelligence committees’’;kjohnson on DSK79L0C42PROD with BILLS

10(B) by amending paragraph (2) to read as

11

follows:

12‘‘(2)(A) Except as provided in subparagraph

13(B), the employee may contact an intelligence com-14

mittee or another committee of jurisdiction directly15

as described in paragraph (1) of this subsection or16

in subsection (a)(4) only if the employee—

17‘‘(i) before making such a contact, fur-

18

nishes to the head of the establishment,

19

through the Inspector General (or designee), a

20statement of the employee’s complaint or infor-

21

mation and notice of the employee’s intent to22

contact an intelligence committee or another23

committee of jurisdiction of the Senate or the24

House of Representatives directly; and•S 4503 RS
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1

‘‘(ii)(I) obtains and follows from the head2of the establishment, through the Inspector

3

General (or designee), procedural direction on

4

how to contact an intelligence committee or an-

5other committee of jurisdiction of the Senate or6

the House of Representatives in accordance

7

with appropriate security practices; or8‘‘(II) obtains and follows such procedural9

direction from the applicable security officer ap-

10

pointed under subsection (h).

11‘‘(B) If an employee seeks procedural di-

12

rection under subparagraph (A)(ii) and does13

not receive such procedural direction within 30

14days, or receives insufficient direction to report15

to Congress a complaint or information, the em-

16ployee may contact an intelligence committee or

17

any other committee of jurisdiction of the Sen-18

ate or the House of Representatives directly

19

without obtaining or following the procedural

20

direction otherwise required under such sub-21

paragraph.’’; and22(C) by redesignating paragraph (3) as

kjohnson on DSK79L0C42PROD with BILLS

23

paragraph (4); and24(D) by inserting after paragraph (2) the25

following:•S 4503 RS
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1

‘‘(3) An employee of an element of the intel-

2

ligence community who intends to report to Con-3

gress a complaint or information may report such4complaint or information to the Chairman and Vice

5

Chairman or Ranking Member, as the case may be,

6of an intelligence committee or another committee of7jurisdiction of the Senate or the House of Rep-8

resentatives, a nonpartisan member of the committee

9

staff designated for purposes of receiving complaints

10

or information under this section, or a member of11the majority staff and a member of the minority

12

staff of the committee.’’.

13(3) CLARIFICATION OF RIGHT TO REPORT DI-

14

RECTLY TO CONGRESS.—Subsection (a) of such sec-

15

tion is amended by adding at the end the following:

16‘‘(4) Subject to paragraphs (2) and (3) of sub-17

section (d), an employee of an element of the intel-

18

ligence community who intends to report to Con-19

gress a complaint or information may report such20

complaint or information directly to Congress, re-21

gardless of whether the complaint or information is22

with respect to an urgent concern—

kjohnson on DSK79L0C42PROD with BILLS

23‘‘(A) in lieu of reporting such complaint or

24

information under paragraph (1); or•S 4503 RS
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70
1

‘‘(B) in addition to reporting such com-2

plaint or information under paragraph (1).’’.

3(b) AMENDMENTS TO NATIONAL SECURITY ACT OF

4 1947.—
5(1) APPOINTMENT OF SECURITY OFFICERS.—

6

Section 103H(j) of the National Security Act of

71947 (50 U.S.C. 3033(j)) is amended by adding at

8

the end the following:

9‘‘(5) The Inspector General shall appoint within

10

the Office of the Inspector General security officers

11

as required by subsection (h) of section 8H of the

12

Inspector General Act of 1978 (5 U.S.C. App.).’’.

13(2) PROCEDURES.—Subparagraph (D) of sec-

14

tion 103H(k)(5) of such Act (50 U.S.C. 3033(k)(5))

15

is amended—

16(A) in clause (i), by inserting ‘‘or any

17other committee of jurisdiction of the Senate or18

the House of Representatives’’ after ‘‘either or19both of the congressional intelligence commit-

20

tees’’;

21(B) by amending clause (ii) to read as fol-

kjohnson on DSK79L0C42PROD with BILLS

22

lows:

23

‘‘(ii)(I) Except as provided in sub-24

clause (II), an employee may contact a25

congressional intelligence committee or an-•S 4503 RS
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71
1

other committee of jurisdiction directly as

2described in clause (i) only if the em-

3ployee—kjohnson on DSK79L0C42PROD with BILLS

4‘‘(aa) before making such a con-

5

tact,

6

through the Inspector General, a7statement of the employee’s complaint

8

or information and notice of the em-

9ployee’s intent to contact a congres-10

sional intelligence committee or an-

11other committee of jurisdiction of the

12

Senate or the House of Representa-

13

tives directly; andfurnishes

to

the

14

‘‘(bb)(AA) obtains and follows

15

from the Director, through the In-

16

spector General, procedural direction

17

on how to contact a congressional in-18

telligence committee or another com-19

mittee of jurisdiction of the Senate or20

the House of Representatives in ac-

21

cordance with appropriate security

22

practices; or23‘‘(BB) obtains and follows such24

procedural direction from the applica-25

ble security officer appointed under•S 4503 RS
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72
1

section 8H(h) of the Inspector Gen-2eral Act of 1978 (5 U.S.C. App.).

3‘‘(II) If an employee seeks proce-

4

dural

5

(I)(bb) and does not receive such pro-6

cedural direction within 30 days, or7

receives insufficient direction to report8

to Congress a complaint or informa-

9tion, the employee may contact a con-10

gressional intelligence committee or

11

any other committee of jurisdiction of

12

the Senate or the House of Represent-

13

atives directly without obtaining or

14

following the procedural direction oth-15

erwise16

clause.’’;17required

under

under

subclause

such(iv); and19(D) by inserting after clause (ii) the fol-20

lowing:21‘‘(iii) An employee of an element of

22

the intelligence community who intends to23report to Congress a complaint or informa-

24tion may report such complaint or infor-

25

mation to the Chairman and Vice Chair-•S 4503 RS
VerDate Sep 11 2014sub-(C) by redesignating clause (iii) as clause

18

kjohnson on DSK79L0C42PROD with BILLS

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73
1

man or Ranking Member, as the case may

2

be, of a congressional intelligence com-3

mittee or another committee of jurisdiction

4of the Senate or the House of Representa-

5

tives, a nonpartisan member of the com-6

mittee staff designated for purposes of re-7

ceiving complaints or information under

8

this section, or a member of the majority

9

staff and a member of the minority staff of10

the committee.’’.

11(3) CLARIFICATION OF RIGHT TO REPORT DI-

12

RECTLY TO CONGRESS.—Subparagraph (A) of such

13

section is amended—

14(A) by inserting ‘‘(i)’’ before ‘‘An employee

15of’’; andkjohnson on DSK79L0C42PROD with BILLS

16(B) by adding at the end the following:

17‘‘(ii) Subject to clauses (ii) and (iii) of

18

subparagraph (D), an employee of an ele-

19

ment of the intelligence community who in-20

tends to report to Congress a complaint or

21

information may report such complaint or

22

information directly to Congress, regard-

23

less of whether the complaint or informa-

24tion is with respect to an urgent concern—•S 4503 RS
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74
1

‘‘(I) in lieu of reporting such2

complaint or information under clause3(i); or

4‘‘(II) in addition to reporting

5

such complaint or information under6

clause (i).’’.

7(c) AMENDMENTS TO THE CENTRAL INTELLIGENCE

8 AGENCY ACT OF 1949.—
9(1) APPOINTMENT OF SECURITY OFFICERS.—

10

Section 17(d)(5) of the Central Intelligence Agency

11

Act of 1949 (50 U.S.C. 3517(d)(5)) is amended by

12

adding at the end the following:

13‘‘(I) The Inspector General shall

14

appoint within the Office of the In-

15

spector General security officers as re-16

quired by subsection (h) of section 8H

17

of the Inspector General Act of 1978

18

(5 U.S.C. App.).’’.

19

kjohnson on DSK79L0C42PROD with BILLS

20(2) PROCEDURES.—Subparagraph (D) of suchsection is amended—

21(A) in clause (i), by inserting ‘‘or any

22other committee of jurisdiction of the Senate or23

the House of Representatives’’ after ‘‘either or24both of the intelligence committees’’;•S 4503 RS
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75
1

(B) by amending clause (ii) to read as fol-

2

lows:

3

‘‘(ii)(I) Except as provided in sub-4

clause (II), an employee may contact an

5intelligence committee or another com-6

mittee of jurisdiction directly as described

7

in clause (i) only if the employee—kjohnson on DSK79L0C42PROD with BILLS

8‘‘(aa) before making such a con-

9

tact,

10

through the Inspector General, a11statement of the employee’s complaint

12

or information and notice of the em-

13ployee’s intent to contact an intel-

14

ligence committee or another com-15

mittee of jurisdiction of the Senate or16

the House of Representatives directly;

17

and

furnishes

to

the

18

‘‘(bb)(AA) obtains and follows

19from the Director, through the In-

20

spector General, procedural direction

21

on how to contact an intelligence com-22

mittee or another committee of juris-23

diction of the Senate or the House of24

Representatives in accordance with25

appropriate security practices; or•S 4503 RS
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76
1

‘‘(BB) obtains and follows such2

procedural direction from the applica-3

ble security officer appointed under4

section 8H(h) of the Inspector Gen-5

eral Act of 1978 (5 U.S.C. App.).

6‘‘(II) If an employee seeks proce-

7

dural

8

(I)(bb) and does not receive such pro-9

cedural direction within 30 days, or

10

receives insufficient direction to report11

to Congress a complaint or informa-

12tion, the employee may contact an in-

13

telligence committee or another com-14

mittee of jurisdiction of the Senate or15

the House of Representatives directly

16

without obtaining or following the17

procedural

18

quired under such subclause.’’;19(C) by redesignating clause (iii) as clause

20

under

directionotherwisere-(D) by inserting after clause (ii) the fol-22

lowing:23‘‘(iii) An employee of the Agency who

24intends to report to Congress a complaint25

or information may report such complaint•S 4503 RS
VerDate Sep 11 2014

subclause(iv); and21

kjohnson on DSK79L0C42PROD with BILLS

direction

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77
1

or information to the Chairman and Vice2

Chairman or Ranking Member, as the case3

may be, of an intelligence committee or an-

4other committee of jurisdiction of the Sen-5

ate or the House of Representatives, a6

nonpartisan member of the committee staff

7

designated for purposes of receiving com-8

plaints or information under this section,9

or a member of the majority staff and a10

member of the minority staff of the com-11

mittee.’’.

12(3) CLARIFICATION OF RIGHT TO REPORT DI-

13

RECTLY TO CONGRESS.—Subparagraph (A) of such

14

section is amended—

15(A) by inserting ‘‘(i)’’ before ‘‘An employee

16of’’; andkjohnson on DSK79L0C42PROD with BILLS17(B) by adding at the end the following:

18‘‘(ii) Subject to clauses (ii) and (iii) of

19

subparagraph (D), an employee of the20

Agency who intends to report to Congress21

a complaint or information may report

22such complaint or information directly to23

Congress, regardless of whether the com-24

plaint or information is with respect to an

25

urgent concern—•S 4503 RS
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‘‘(I) in lieu of reporting such2

complaint or information under clause3(i); or

4‘‘(II) in addition to reporting

5

such complaint or information under6

clause (i).’’.

7(d) RULE OF CONSTRUCTION.—Nothing in this sec-

8 tion or an amendment made by this section shall be con9 strued to revoke or diminish any right of an individual
10 provided by section 2303 of title 5, United States Code.
11

SEC. 602. MODIFICATION OF WHISTLEBLOWER PROTEC-

12TIONS FOR CONTRACTOR EMPLOYEES IN IN-

13

TELLIGENCE COMMUNITY.

14

Section 1104(c)(1)(A) of the National Security Act

15 of 1947 (50 U.S.C. 3234(c)(1)(A)) is amended by insert16 ing ‘‘a supervisor of the employing agency with responsi17 bility for the subject matter of the disclosure,’’ after
18 ‘‘chain of command,’’.

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19

SEC. 603. PROHIBITION AGAINST DISCLOSURE OF WHIS-

20

TLEBLOWER

21

AGAINST WHISTLEBLOWER DISCLOSURE BY

22

EMPLOYEES AND CONTRACTORS IN INTEL-

23

LIGENCE COMMUNITY.

24

IDENTITYASREPRISAL(a) IN GENERAL.—Section 1104 of the National Se-

25 curity Act of 1947 (50 U.S.C. 3234) is amended—•S 4503 RS
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(1) in subsection (a)(3) of such section—

2(A) in subparagraph (I), by striking ‘‘; or’’3

and inserting a semicolon;

4(B) by redesignating subparagraph (J) as

5

subparagraph (K); and6(C) by inserting after subparagraph (I) the7

following:

8‘‘(J) a knowing and willful disclosure re-9vealing the identity or other personally identifi-

10able information of an employee or contractor

11

employee; or’’;12(2) by redesignating subsections (f) and (g) as

13

subsections (g) and (h), respectively; and14(3) by inserting after subsection (e) the fol-15

lowing:

16‘‘(f) PERSONNEL ACTIONS INVOLVING DISCLOSURES

17

OF WHISTLEBLOWER IDENTITY.—A personnel action de-

18 scribed in subsection (a)(3)(J) shall not be considered in
19 violation of subsection (b) or (c) under the following cir-kjohnson on DSK79L0C42PROD with BILLS

20 cumstances:
21‘‘(1) The personnel action was taken with the22express consent of the employee or contractor em-

23

ployee.

•S 4503 RS
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‘‘(2) An Inspector General with oversight re-2

sponsibility for a covered intelligence community ele-

3

ment determines that—

4‘‘(A) the personnel action was unavoidable

5

under section 103H(g)(3)(A) of this Act (506

U.S.C. 3033(g)(3)(A)), section 17(e)(3)(A) of7

the Central Intelligence Agency Act of 1949 (508U.S.C. 3517(e)(3)(A)), section 7(b) of the In-

9spector General Act of 1978 (5 U.S.C. App.),10

or section 8M(b)(2)(B) of the Inspector General11

Act of 1978 (5 U.S.C. App.);12‘‘(B) the personnel action was made to an

13

official of the Department of Justice responsible

14

for determining whether a prosecution should15

be undertaken; or

16‘‘(C) the personnel action was required by

17

statute or an order from a court of competent

18

jurisdiction.’’.

19(b) APPLICABILITY TO DETAILEES.—Subsection (a)20 of section 1104 of such Act (50 U.S.C. 3234) is amended

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21 by adding at the end the following:
22‘‘(5) EMPLOYEE.—The term ‘employee’, with

23

respect to an agency or a covered intelligence com-24

munity element, includes an individual who has been

•S 4503 RS
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81
1

detailed to such agency or covered intelligence com-2

munity element.’’.

3(c) PRIVATE RIGHT OF ACTION FOR UNLAWFUL DIS-

4

CLOSURE OF

WHISTLEBLOWER IDENTITY.—Subsection

5 (g) of such section, as redesignated by subsection (a)(2)
6 of this section, is amended to read as follows:

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7‘‘(g) ENFORCEMENT.—

8‘‘(1) IN GENERAL.—Except as otherwise pro-9

vided in this subsection, the President shall provide

10

for the enforcement of this section.

11‘‘(2) HARMONIZATION WITH OTHER ENFORCE-

12

MENT.—To the fullest extent possible, the President

13

shall provide for enforcement of this section in a14

manner that is consistent with the enforcement of

15

section 2302(b)(8) of title 5, United States Code, es-16

pecially with respect to policies and procedures used17

to adjudicate alleged violations of such section.

18‘‘(3) PRIVATE RIGHT OF ACTION FOR DISCLO-

19

SURES OF WHISTLEBLOWER IDENTITY IN VIOLATION20OF PROHIBITION AGAINST REPRISALS.—Subject

21

paragraph (4), in a case in which an employee of an

22

agency takes a personnel action described in sub-23

section (a)(3)(J) against an employee of a covered

24

intelligence community element as a reprisal in vio-

25

lation of subsection (b) or in a case in which an em-•S 4503 RS
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kjohnson on DSK79L0C42PROD with BILLS

82
1ployee or contractor employee takes a personnel ac-

2tion described in subsection (a)(3)(J) against an-

3other contractor employee as a reprisal in violation

4of subsection (c), the employee or contractor em-

5ployee against whom the personnel action was taken

6may, consistent with section 1221 of title 5, United

7

States Code, bring a private action for all appro-

8

priate remedies, including injunctive relief and com-9

pensatory and punitive damages, in an amount not

10

to exceed $250,000, against the agency of the em-

11ployee or contracting agency of the contractor em-

12ployee who took the personnel action, in a Federal

13

district court of competent jurisdiction.

14‘‘(4) REQUIREMENTS.—

15‘‘(A) REVIEWBY

INSPECTOR

16

AND BY EXTERNAL REVIEW PANEL.—Before

17

the employee or contractor employee may bring18

a private action under paragraph (3), the em-

19ployee or contractor employee shall exhaust ad-

20

ministrative remedies by—21‘‘(i) first, obtaining a disposition of

22

their claim by requesting review of the ap-

23

propriate inspector general; and24‘‘(ii) second, if the review under clause

25(i) does not substantiate reprisal, by sub-•S 4503 RS
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mitting to the Inspector General of the In-

2telligence Community a request for a re-3view of the claim by an external review

4panel under section 1106.

5‘‘(B) PERIOD TO BRING ACTION.—The em-

6ployee or contractor employee may bring a pri-

7

vate right of action under paragraph (3) during

8

the 180-day period beginning on the date on

9which the employee or contractor employee is10

notified of the final disposition of their claim

11

under section 1106.’’.

12

SEC. 604. DEFINITIONS REGARDING WHISTLEBLOWER COM-

13

PLAINTS

14

CONCERN RECEIVED BY INSPECTORS GEN-

15

ERAL OF THE INTELLIGENCE COMMUNITY.

16

AND

INFORMATIONOFURGENT(a) NATIONAL SECURITY ACT OF 1947.—Section

17 103H(k)(5)(G)(i)(I) of the National Security Act of 1947
18 (50 U.S.C. 3033(k)(5)(G)(i)(I)) is amended by striking
19 ‘‘within the’’ and all that follows through ‘‘policy mat20 ters.’’ and inserting the following: ‘‘of the Federal Govern21 ment that is—22‘‘(aa) a matter of national

kjohnson on DSK79L0C42PROD with BILLS

23

security; and•S 4503 RS
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‘‘(bb) not a difference of2opinion concerning public policy

3

matters.’’.

4(b) INSPECTOR GENERAL ACT OF 1978.—Section

5 8H(h)(1)(A)(i) of the Inspector General Act of 1978 (56 U.S.C. App.) is amended by striking ‘‘involving’’ and all
7 that follows through ‘‘policy matters.’’ and inserting the
8 following: ‘‘of the Federal Government that is—9‘‘(I) a matter of national secu-

10rity; and11‘‘(II) not a difference of opinion

12

concerning public policy matters.’’.

13(c) CENTRAL INTELLIGENCE AGENCY ACT

OF

14 1949.—Section 17(d)(5)(G)(i)(I)(aa) of the Central Intel15 ligence

Agency

Act

of

1949

(50

U.S.C.

16 3517(d)(5)(G)(i)(I)(aa)) is amended by striking ‘‘involv17 ing’’ and all that follows through ‘‘policy matters.’’ and
18 inserting the following: ‘‘of the Federal Government that
19 is—
20‘‘(AA) a matter of na-

kjohnson on DSK79L0C42PROD with BILLS

21

tional security; and22‘‘(BB) not a difference

23of opinion concerning public

24

policy matters.’’.

•S 4503 RS
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TITLE VII—OTHER MATTERS

2

SEC. 701. IMPROVEMENTS RELATING TO CONTINUITY OF

3

PRIVACY AND CIVIL LIBERTIES OVERSIGHT

4

BOARD MEMBERSHIP.

5

Paragraph (4) of section 1061(h) of the Intelligence

6 Reform and Terrorism Prevention Act of 2004 (42 U.S.C.
7 2000ee(h)) is amended to read as follows:

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8‘‘(4) TERM.—

9‘‘(A) COMMENCEMENT.—Each member of10

the Board shall serve a term of 6 years, com-11

mencing on the date of the appointment of the12member to the Board.

13‘‘(B) REAPPOINTMENT.—A member may

14

be reappointed to one or more additional terms.

15‘‘(C) VACANCY.—A vacancy on the Board

16

shall be filled in the manner in which the origi-

17

nal appointment was made.

18‘‘(D) EXTENSION.—Upon the expiration of19

the term of office of a member, the member

20

may continue to serve, at the election of the21

member—22‘‘(i) during the period preceding the23

reappointment of the member pursuant to

24

subparagraph (B); or•S 4503 RS
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‘‘(ii) until the member’s successor has

2

been appointed and qualified.’’.

3

SEC. 702. REPORT BY PUBLIC INTEREST DECLASSIFICA-

4
5

TION BOARD.

(a) REPORT REQUIRED.—Not later than 180 days

6 after the date of the enactment of this Act, the Public
7 Interest Declassification Board established by section
8 703(a) of the Public Interest Declassification Act of 2000
9 (50 U.S.C. 3355a(a)) shall submit to Congress a report
10 containing the following:
11(1) Recommendations to improve the effective-

12

ness of the Information Security Oversight Office

13(ISOO), including with respect to the following:

14(A) The placement of the office as a com-15

ponent of the National Archives and Records

16

Administration or other options.

17(B) The amount of resources required by18

the office to perform its missions.

kjohnson on DSK79L0C42PROD with BILLS19(C) The advisability of authorizing the of-20

fice in statute.

21(2) Recommendations for improving Executive

22

Order 13526 (50 U.S.C. 3161 note; relating to clas-

23

sified national security information).

24(3) Such updates as the Board may have to its

25

report of May 2020 entitled ‘‘A Vision for the Dig-•S 4503 RS
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ital Age: Modernization of the U.S. National Secu-

2

rity Classification and Declassification System’’, in-3

cluding the recommendation to designate the Direc-

4

tor of National Intelligence as the executive agent

5

for the Federal Government for declassification.

6(b) FORM.—The report submitted under subsection

7 (a) shall be submitted in unclassified form that is suitable
8 for release to the public.
9

SEC. 703. MODIFICATION OF REQUIREMENT FOR OFFICE

10TO ADDRESS UNIDENTIFIED AEROSPACE-UN-

11

DERSEA PHENOMENA.

12(a) IN GENERAL.—Section 1683 of the National De-

13 fense Authorization Act for Fiscal Year 2022 (50 U.S.C.
14 3373) is amended to read as follows:
15‘‘SEC. 1683. ESTABLISHMENT OF UNIDENTIFIED AERO-

16

SPACE-UNDERSEA PHENOMENA JOINT PRO-

17

GRAM OFFICE.

kjohnson on DSK79L0C42PROD with BILLS18‘‘(a) ESTABLISHMENT OF OFFICE.—

19‘‘(1) IN GENERAL.—Not later than 120 days

20

after the date of the enactment of the Intelligence21

Authorization Act for Fiscal Year 2023, the Sec-22

retary of Defense, in coordination with the Director

23of National Intelligence, shall establish an office24

within a component of the Office of the Secretary of

25

Defense, or within a joint organization of the De-•S 4503 RS
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partment of Defense and the Office of the Director

2of National Intelligence, to carry out the duties of3

the Unidentified Aerial Phenomena Task Force, as

4

in effect on December 26, 2021, and such other du-5ties as are required by this section, including those6

pertaining to—7‘‘(A) transmedium objects or devices and8unidentified aerospace-undersea phenomena;

9‘‘(B) space, atmospheric, and water do-

10

mains; and1112other domains.

13‘‘(2) DESIGNATION.—The office established14

under paragraph (1) shall be known as the ‘Uniden-

15

tified Aerospace-Undersea Phenomena Joint Pro-

16

gram Office’ (in this section referred to as the ‘Of-

17

fice’).

18‘‘(b) DIRECTOR AND DEPUTY DIRECTOR OF THE OF-

19kjohnson on DSK79L0C42PROD with BILLS‘‘(C) currently unknown technology and

FICE.—

20‘‘(1) APPOINTMENT OF DIRECTOR.—The head21of the Office shall be the Director of the Unidenti-

22

fied Aerospace-Undersea Phenomena Joint Program

23

Office (in this section referred to as the ‘Director of24

the Office’), who shall be appointed by the Secretary

25

of Defense.

•S 4503 RS
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‘‘(2) APPOINTMENT OF DEPUTY DIRECTOR.—

2

There shall be in the Office a Deputy Director of the3

Unidentified Aerospace-Undersea Phenomena Joint

4

Program Office (in this section referred to as the5‘Deputy Director of the Office’), who shall be ap-

6

pointed by the Director of National Intelligence.

78‘‘(3) REPORTING.—(A) The Director of the Office shall report to the Secretary of Defense.

910‘‘(B) The Deputy Director of the Office shallreport—11‘‘(i) to the Secretary of Defense and the12

Director of National Intelligence on all adminis-

13

trative matters of the Office; and14‘‘(ii) to the Secretary of Defense on all

15
16

operational matters of the Office.
‘‘(c) DUTIES.—The duties of the Office shall include

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17 the following:
18‘‘(1) Developing procedures to synchronize and19

standardize the collection, reporting, and analysis of20

incidents, including adverse physiological effects, re-21

garding unidentified aerospace-undersea phenomena

22

across the Department of Defense and the intel-

23

ligence community, in consultation with the Director

24

of National Intelligence, and submitting a report on

25

such procedures to the congressional defense com-

•S 4503 RS
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mittees, the congressional intelligence committees,2and congressional leadership.

3‘‘(2) Developing processes and procedures to4

ensure that such incidents from each component of5

the Department and each element of the intelligence

6community are reported and incorporated in a cen-

7

tralized repository.

89‘‘(3) Establishing procedures to require thetimely and consistent reporting of such incidents.

10‘‘(4) Evaluating links between unidentified

11

aerospace-undersea phenomena and adversarial for-12

eign governments, other foreign governments, or13

nonstate actors.

14

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15‘‘(5) Evaluating the threat that such incidents
present to the United States.

16‘‘(6) Coordinating with other departments and17

agencies of the Federal Government, as appropriate,18

including the Federal Aviation Administration, the19

National Aeronautics and Space Administration, the20

Department of Homeland Security, the National

21

Oceanic and Atmospheric Administration, the Na-

22tional Science Foundation, and the Department of

23

Energy.

24‘‘(7) Coordinating with allies and partners of

25

the United States, as appropriate, to better assess•S 4503 RS
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the nature and extent of unidentified aerospace-un-2dersea phenomena.

3‘‘(8) Preparing reports for Congress, in both

4classified and unclassified form, including under5

subsection (j).

6‘‘(9) Ensuring that appropriate elements of the7

intelligence community receive all reports received by8

the Office regarding a temporary nonattributed ob-

9ject or an object that is positively identified as man-10

made, including by creating a procedure to ensure

11

that the Office refers such reports to an appropriate

12element of the intelligence community for distribu-

13

tion among other relevant elements of the intel-

14

ligence community, in addition to the reports in the15

repository described in paragraph (2).

16‘‘(d) RESPONSE TO AND FIELD INVESTIGATIONS OF

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17 UNIDENTIFIED AEROSPACE-UNDERSEA PHENOMENA.—
18‘‘(1) DESIGNATION.—The Secretary, in coordi-

19

nation with the Director of National Intelligence,20

shall designate one or more line organizations within

21

the Department of Defense and the intelligence com-22

munity that possess appropriate expertise, authori-

23

ties, accesses, data, systems, platforms, and capabili-

24ties to rapidly respond to, and conduct field inves-

25

tigations of, incidents involving unidentified aero-•S 4503 RS
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92
1

space-undersea phenomena under the direction of2

the Director of the Office.

3‘‘(2) ABILITY TO RESPOND.—The Secretary, in4

coordination with the Director of National Intel-

5ligence, shall ensure that each line organization des-6

ignated under paragraph (1) has adequate personnel

7

with the requisite expertise, equipment, transpor-

8

tation, and other resources necessary to respond9

rapidly to incidents or patterns of observations in-10

volving unidentified aerospace-undersea phenomena

11

of which the Office becomes aware.

12‘‘(e) SCIENTIFIC, TECHNOLOGICAL,

AND

13

ATIONAL ANALYSES OF DATA ON UNIDENTIFIED AERO-

14

SPACE-UNDERSEA PHENOMENA.—

15‘‘(1) DESIGNATION.—The Secretary, in coordi-

16

nation with the Director of National Intelligence,17

shall designate one or more line organizations that18

will be primarily responsible for scientific, technical,

19

and operational analysis of data gathered by field in-20

vestigations conducted pursuant to subsection (d)21and data from other sources, including with respect

22

to the testing of materials, medical studies, and de-23velopment of theoretical models, to better under-

24

stand and explain unidentified aerospace-undersea

25

phenomena.

•S 4503 RS
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‘‘(2) AUTHORITY.—The Secretary and the Di-

2

rector of National Intelligence shall each issue such3

directives as are necessary to ensure that each line

4organization designated under paragraph (1) has au-

5thority to draw on the special expertise of persons

6outside the Federal Government with appropriate se-7

curity clearances.

8‘‘(f) DATA; INTELLIGENCE COLLECTION.—

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9‘‘(1) AVAILABILITY OF DATA AND REPORTING

10

ON

11

NOMENA.—The Director of National Intelligence and12

the Secretary shall each, in coordination with one

13another, ensure that—

UNIDENTIFIEDAEROSPACE-UNDERSEA

14‘‘(A) each element of the intelligence com-15

munity with data relating to unidentified aero-

16

space-undersea phenomena makes such data

17

available immediately to the Office; and18‘‘(B) military and civilian personnel of the19

Department of Defense or an element of the in-20

telligence community, and contractor personnel

21of the Department or such an element, have ac-

22cess to procedures by which the personnel shall23

report incidents or information, including ad-

24verse physiological effects, involving or associ-•S 4503 RS
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ated with unidentified aerospace-undersea phe-2nomena directly to the Office.

3‘‘(2) INTELLIGENCE COLLECTION AND ANAL-

4YSIS PLAN.—The Director of the Office, acting on

5behalf of the Secretary of Defense and the Director

6of National Intelligence, shall supervise the develop-

7

ment and execution of an intelligence collection and8analysis plan to gain as much knowledge as possible

9

regarding the technical and operational characteris-

10tics, origins, and intentions of unidentified aero-

11

space-undersea phenomena, including with respect to12

the development, acquisition, deployment, and oper-

13

ation of technical collection capabilities necessary to

14

detect, identify, and scientifically characterize un-

15

identified aerospace-undersea phenomena.

16‘‘(3) USE OF RESOURCES AND CAPABILITIES.—

17

In developing the plan under paragraph (2), the Di-

18

rector of the Office shall consider and propose, as

19

the Director of the Office determines appropriate,20

the use of any resource, capability, asset, or process

21of the Department and the intelligence community.

22

kjohnson on DSK79L0C42PROD with BILLS

23

‘‘(4)

DIRECTOR

OF

THE

NATIONALGEOSPATIAL-INTELLIGENCE AGENCY.—

24‘‘(A) LEADERSHIP.—The Director of the25

National Geospatial-Intelligence Agency shall•S 4503 RS
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lead the collection efforts of the intelligence2community with respect to unidentified aero-3

space-undersea phenomena geospatial intel-

4ligence.

5‘‘(B) BRIEFINGS.—Not later than 90 days

6

after the date of the enactment of the Intel-

7

ligence Authorization Act for Fiscal Year 2023

8

and not less frequently than once every 90 days

9

thereafter, the Director shall brief the congres-10

sional defense committees, the congressional in-

11

telligence committees, and congressional leader-

12

ship on the activities of the Director under this13

paragraph.

14‘‘(g) SCIENCE PLAN.—The Director of the Office, on

15 behalf of the Secretary and the Director of National Intel16 ligence, shall supervise the development and execution of
17 a science plan to develop and test, as practicable, scientifickjohnson on DSK79L0C42PROD with BILLS

18 theories to—19‘‘(1) account for characteristics and perform-

20

ance of unidentified aerospace-undersea phenomena

21that exceed the known state of the art in science or

22technology, including in the areas of propulsion, aer-23

odynamic control, signatures, structures, materials,

24

sensors, countermeasures, weapons, electronics, and25

power generation; and•S 4503 RS
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‘‘(2) provide the foundation for potential future2

investments to replicate or otherwise better under-

3

stand any such advanced characteristics and per-4

formance.

5‘‘(h) ASSIGNMENT OF PRIORITY.—The Director of

6 National Intelligence, in consultation with, and with the
7 recommendation of the Secretary, shall assign an appro8 priate level of priority within the National Intelligence Pri9 orities Framework to the requirement to understand,
10 characterize, and respond to unidentified aerospace-under11 sea phenomena.
12‘‘(i) CORE GROUP.—Not later than 180 days after

13 the date of the enactment of the Intelligence Authorization
14 Act for Fiscal Year 2023, the Director of the Office, the
15 Secretary of Defense, and the Director of National Intel16 ligence shall jointly establish a core group within the Of17 fice that shall include, at a minimum, representatives with18 all relevant and appropriate security clearances from the

kjohnson on DSK79L0C42PROD with BILLS

19 following:
20‘‘(1) The Central Intelligence Agency.

21‘‘(2) The National Security Agency.

22‘‘(3) The Department of Energy.

23‘‘(4) The National Reconnaissance Office.

24‘‘(5) The Air Force.

25‘‘(6) The Space Force.

•S 4503 RS
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97
1

‘‘(7) The Defense Intelligence Agency.

2‘‘(8) The National Geospatial-Intelligence Agen-

3

cy.

4

‘‘(j) ANNUAL REPORTS.—

5

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6‘‘(1) REPORTS FROM DIRECTOR OF NATIONALINTELLIGENCE.—

7‘‘(A) REQUIREMENT.—Not later than 180

8days after the date of the enactment of the In-

9telligence Authorization Act for Fiscal Year

10

2023, and annually thereafter for 4 years, the11

Director of National Intelligence, in consulta-

12tion with the Secretary, shall submit to the ap-

13

propriate congressional committees a report on

14

unidentified aerospace-undersea phenomena.

15‘‘(B) ELEMENTS.—Each report under sub-16

paragraph (A) shall include, with respect to the17

year covered by the report, the following infor-

18

mation:19‘‘(i) All reported unidentified aero-

20

space-undersea phenomena-related events

21

that occurred during the one-year period.

22‘‘(ii) All reported unidentified aero-

23

space-undersea phenomena-related events

24that occurred during a period other than•S 4503 RS
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98
1

that one-year period but were not included

2

in an earlier report.

3‘‘(iii) An analysis of data and intel-

4ligence received through each reported un-

5identified aerospace-undersea phenomena-

6

related event.

7‘‘(iv) An analysis of data relating to

8unidentified

9

nomena collected through—‘‘(I) geospatial intelligence;

11‘‘(II) signals intelligence;

12‘‘(III) human intelligence; and13‘‘(IV) measurement and signa-

14ture intelligence.

15‘‘(v) The number of reported incidents

16

of unidentified aerospace-undersea phe-17nomena over restricted airspace of the18

United States during the one-year period.

19‘‘(vi) An analysis of such incidents
identified under clause (v).

21‘‘(vii) Identification of potential aero-

22

space or other threats posed by unidenti-

23

fied aerospace-undersea phenomena to the24national security of the United States.

•S 4503 RS
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phe-

10

20

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kjohnson on DSK79L0C42PROD with BILLS

99
1‘‘(viii) An assessment of any activity

2

regarding unidentified aerospace-undersea

3phenomena that can be attributed to one

4or more adversarial foreign governments.

5‘‘(ix) Identification of any incidents or

6

patterns regarding unidentified aerospace-

7

undersea phenomena that indicate a poten-

8tial adversarial foreign government may

9have achieved a breakthrough aerospace

10

capability.

11‘‘(x) An update on the coordination by

12

the United States with allies and partners

13

on efforts to track, understand, and ad-

14

dress unidentified aerospace-undersea phe-15

nomena.

16‘‘(xi) An update on any efforts under-

17

way on the ability to capture or exploit dis-18

covered19

phenomena.

unidentified

aerospace-undersea

20‘‘(xii) An assessment of any health re-21

lated effects for individuals that have en-

22

countered unidentified aerospace-undersea

23

phenomena.

24‘‘(xiii) The number of reported inci-

25

dents, and descriptions thereof, of uniden-•S 4503 RS
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kjohnson on DSK79L0C42PROD with BILLS

100
1tified aerospace-undersea phenomena asso-2

ciated with military nuclear assets, includ-3

ing strategic nuclear weapons and nuclear-

4

powered ships and submarines.

5‘‘(xiv) In consultation with the Admin-

6

istrator for Nuclear Security, the number

7of reported incidents, and descriptions

8

thereof, of unidentified aerospace-undersea

9phenomena associated with facilities or as-

10

sets associated with the production, trans-

11

portation, or storage of nuclear weapons or

12components thereof.

13‘‘(xv) In consultation with the Chair-14

man of the Nuclear Regulatory Commis-

15

sion, the number of reported incidents, and16

descriptions thereof, of unidentified aero-

17

space-undersea phenomena or drones of18

unknown origin associated with nuclear

19

power generating stations, nuclear fuel20

storage sites, or other sites or facilities

21

regulated by the Nuclear Regulatory Com-22

mission.

23‘‘(xvi) The names of the line organiza-

24

tions that have been designated to perform25

the specific functions under subsections (d)•S 4503 RS
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kjohnson on DSK79L0C42PROD with BILLS

101
1

and (e), and the specific functions for2

which each such line organization has been3

assigned primary responsibility.

4‘‘(C) FORM.—Each report submitted under5

subparagraph (A) shall be submitted in unclas-

6

sified form, but may include a classified annex.

7‘‘(2) REPORTS

FROM ELEMENTS OF INTEL-

8LIGENCE COMMUNITY.—Not

9after the date of enactment of the Intelligence Au-

10thorization Act for Fiscal Year 2023, and annually

11

thereafter, each head of an element of the intel-

12ligence community shall submit to the congressional

13

defense committees, the congressional intelligence

14

committees, and congressional leadership a report on

15

the activities of the element of the head undertaken

16

in the past year to support the Office, including a17section prepared by the Office that includes a de-18

tailed description of the coordination between the19

Office and the element of the intelligence commu-

20

nity, any concerns with such coordination, and any

21

recommendations for improving such coordination.

22‘‘(k) SEMIANNUAL BRIEFINGS.—

later than one year23‘‘(1) REQUIREMENT.—Not later than December

24

31, 2022, and not less frequently than semiannually25

thereafter until December 31, 2026, the Director of•S 4503 RS
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102
1

the Office shall provide to the congressional commit-

2

tees specified in subparagraphs (A), (B), and (D) of

3

subsection (o)(1) classified briefings on unidentified

4

aerospace-undersea phenomena.

5‘‘(2) FIRST BRIEFING.—The first briefing pro-6

vided under paragraph (1) shall include all incidents

7

involving

8

nomena that were reported to the Unidentified Aer-

9

ial Phenomena Task Force or to the Office estab-

10

lished under subsection (a) after June 24, 2021, re-11

gardless of the date of occurrence of the incident.

aerospace-undersea‘‘(3) SUBSEQUENT BRIEFINGS.—Each briefing

13

provided subsequent to the first briefing described in

14paragraph (2) shall include, at a minimum, all15

events relating to unidentified aerospace-undersea

16phenomena that occurred during the previous 180

17days, and events relating to unidentified aerospace-18

undersea phenomena that were not included in an

19earlier briefing.
‘‘(4) INSTANCESIN WHICH DATA WAS NOT21SHARED.—For each briefing period, the Director of22

the Office shall jointly provide to the chairman or23

chair and the ranking member or vice chairman of24

the congressional committees specified in subpara-

25

graphs (A) and (D) of subsection (o)(1) an enu-

•S 4503 RS
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phe-

12

20

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103
1

meration of any instances in which data relating to2

unidentified aerospace-undersea phenomena was not

3

provided to the Office because of classification re-4strictions on that data or for any other reason.

5‘‘(l) QUARTERLY BRIEFINGS.—

6‘‘(1) IN GENERAL.—Not later than 180 days

7

after the date of the enactment of the Intelligence

8

Authorization Act for Fiscal Year 2023, and not less9frequently than once every 90 days thereafter, the10

Director of the Office shall provide the congressional

11

defense committees, the congressional intelligence

12committees, and congressional leadership briefings

13

on

14

events.

15
16

unidentified

phenomena‘‘(2) ELEMENTS.—The briefings provided underparagraph (1) shall include the following:

17‘‘(A) A continuously updated compendium

18

of unidentified aerospace-undersea phenomena

19

events.

20‘‘(B) Details about each sighting that has

21

occurred within the past 90 days and the status

22

of each sighting’s resolution.

23
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aerospace-undersea‘‘(C) Updates on the Office’s collection ac-

24

tivities and posture, analysis, and research.

•S 4503 RS
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104
1

‘‘(m) AUTHORIZATION OF APPROPRIATIONS.—There

2 is authorized to be appropriated such sums as may be nec3 essary to carry out the work of the Office, including with
4 respect to—56‘‘(1) general intelligence gathering and intelligence analysis; and7‘‘(2) strategic defense, space defense, defense of

8controlled air space, defense of ground, air, or naval

9assets, and related purposes.

10‘‘(n) TASK FORCE TERMINATION.—Not later than

11 the date on which the Secretary establishes the Office
12 under subsection (a), the Secretary shall terminate the
13 Unidentified Aerial Phenomena Task Force.
14‘‘(o) DEFINITIONS.—In this section:

1516‘‘(1) The term ‘appropriate congressional committees’ means the following:

17‘‘(A) The Committees on Armed Services

18of the Senate and the House of Representa-

19

tives.

20‘‘(B) The Committees on Appropriations ofkjohnson on DSK79L0C42PROD with BILLS

21

the Senate and the House of Representatives.

22‘‘(C) The Committee on Foreign Relations

23of the Senate and the Committee on Foreign

24

Affairs of the House of Representatives.

•S 4503 RS
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105
1

‘‘(D) The Select Committee on Intelligence2of the Senate and the Permanent Select Com-3

mittee on Intelligence of the House of Rep-

4

resentatives.

5‘‘(2) The term ‘congressional defense commit-

6

tees’ has the meaning given such term in section

7

101(a) of title 10, United States Code.

8‘‘(3) The term ‘congressional intelligence com-9

mittees’ has the meaning given such term in section

10

3 of the National Security Act of 1947 (50 U.S.C.

113003).

12

‘‘(4)

13

means—

term‘congressional‘‘(A) the majority leader of the Senate;15‘‘(B) the minority leader of the Senate;16‘‘(C) the Speaker of the House of Representatives; and18‘‘(D) the minority leader of the House of19

Representatives.

20‘‘(5) The term ‘intelligence community’ has the21

meaning given such term in section 3 of the Na-

22tional Security Act of 1947 (50 U.S.C. 3003).

23‘‘(6) The term ‘line organization’ means, with24

respect to a department or agency of the Federal

25

Government, an organization that executes programs•S 4503 RS
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leadership’

14

17

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The

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106
1

and activities to directly advance the core functions

2and missions of the department or agency to which3

the organization is subordinate, but, with respect to4

the Department of Defense, does not include a com-5

ponent of the Office of the Secretary of Defense.

67‘‘(7) The term ‘transmedium objects or devices’means objects or devices that are—

8‘‘(A) observed to transition between space

9

and the atmosphere, or between the atmosphere10

and bodies of water; and11‘‘(B) not immediately identifiable.

1213‘‘(8) The term ‘unidentified aerospace-undersea
phenomena’—14‘‘(A) means—15‘‘(i) airborne objects that are not im-

16

mediately identifiable;

17‘‘(ii) transmedium objects or devices;kjohnson on DSK79L0C42PROD with BILLS

18

and

19

‘‘(iii) submerged objects or devices

20

that are not immediately identifiable and21

that display behavior or performance char-

22

acteristics suggesting that the objects or23

devices may be related to the objects or de-24

vices described in subparagraph (A) or

25(B); and•S 4503 RS
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107
1

‘‘(B) does not include temporary nonattrib-

2

uted objects or those that are positively identi-

3

fied as man-made.’’.

4(b) DELEGATION OF DUTIES OF DIRECTOR OF NA-

5

TIONAL INTELLIGENCE.—Not later than 180 days after

6 the date of the enactment of this Act, the Director of Na7 tional Intelligence shall select a full-time equivalent em8 ployee of the intelligence community and delegate to such
9 employee the responsibilities of the Director under section
10 1683 of such Act (50 U.S.C. 3373), as amended by sub11 section (a).
12(c) CLERICAL AMENDMENT.—The table of contents

13 in section 2(b) of such Act is amended by striking the
14 item relating to section 1683 of division A and inserting
15 the following new item:‘‘Sec. 1683. Establishment of Unidentified Aerospace-Undersea Phenomena
Joint Program Office.’’.

16

SEC.

704.

UNIDENTIFIED

17
18

AEROSPACE-UNDERSEAPHE-NOMENA REPORTING PROCEDURES.

(a) AUTHORIZATIONFORREPORTING.—Notwith-19 standing the terms of any nondisclosure written or oral
20 agreement, order, or other instrumentality or means, that21 could be interpreted as a legal constraint on reporting by
kjohnson on DSK79L0C42PROD with BILLS

22 a witness of an unidentified aerospace-undersea phe23 nomena, reporting in accordance with the system estab24 lished under subsection (b) is hereby authorized and shall•S 4503 RS
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108
1 be deemed to comply with any regulation or order issued
2 under the authority of Executive Order 13526 (50 U.S.C.
3 3161 note; relating to classified national security informa4 tion) or chapter 18 of the Atomic Energy Act of 1954
5 (42 U.S.C. 2271 et seq.).
6(b) SYSTEM FOR REPORTING.—

7(1) ESTABLISHMENT.—The head of the Office,8

on behalf of the Secretary of Defense and the Direc-

9

tor of National Intelligence, shall establish a secure10system for receiving reports of—

11(A) any event relating to unidentified aero-kjohnson on DSK79L0C42PROD with BILLS

12

space-undersea phenomena; and13(B) any Government or Government con-14

tractor activity or program related to unidenti-

15

fied aerospace-undersea phenomena.

16(2) PROTECTION OF SYSTEMS, PROGRAMS, AND

17

ACTIVITY.—The

18

paragraph (1) shall serve as a mechanism to prevent

19

unauthorized public reporting or compromise of

20

properly classified military and intelligence systems,

21

programs, and related activity, including all cat-22

egories and levels of special access and compart-

23

mented access programs, current, historical, and fu-

24

ture.

system established pursuant to•S 4503 RS
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kjohnson on DSK79L0C42PROD with BILLS

109
1(3) ADMINISTRATION.—The system established2

pursuant to paragraph (1) shall be administered by3

designated and widely known, easily accessible, and4appropriately cleared Department of Defense and in-5telligence community employees or contractors as-

6

signed to the Unidentified Aerial Phenomena Task

7

Force or the Office.

8(4) SHARING OF INFORMATION.—The system9established under paragraph (1) shall provide for the10

immediate sharing with Office personnel and sup-11

porting analysts and scientists of information pre-12

viously prohibited from reporting under any non-13

disclosure written or oral agreement, order, or other14

instrumentality or means, except in cases where the15cleared Government personnel administering such

16

system conclude that the preponderance of informa-

17tion available regarding the reporting indicates that18

the observed object and associated events and activi-

19

ties likely relate to a special access program or com-20

partmented access program that, as of the date of21

the reporting, has been explicitly and clearly re-22

ported to the congressional defense committees and23

congressional intelligence committees, and is docu-

24

mented as meeting those criteria.

•S 4503 RS
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110
1

(5) INITIAL REPORT AND PUBLICATION.—Not

2

later than 180 days after the date of the enactment

3of this Act, the head of the Office, on behalf of the4

Secretary and the Director, shall—

5(A) submit to the congressional intelligence

6committees, the congressional defense commit-

7

tees, and congressional leadership a report de-

8

tailing the system established under paragraph9(1); and

10(B) make available to the public on a

11

website of the Department of Defense informa-

12tion about such system, including clear public

13

guidance for accessing and using such system

14

and providing feedback about the expected

15

timeline to process a report.

16(6) ANNUAL

section 1683 of the National Defense Authorization

18

Act for Fiscal Year 2022 (50 U.S.C. 3373), as

19

amended by section 703, is further amended—

20(A) in subparagraph (A), by inserting

21‘‘and congressional leadership’’ after ‘‘appro-

22

priate congressional committees’’; and(B) in subparagraph (B), by adding at the24

end the following new clause:•S 4503 RS
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(j)(1) of

17

23
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23:52 Jul 12, 2022

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111
1

‘‘(xvii) A summary of the reports re-2

ceived using the system established under3

section 703(b)(1) of the Intelligence Au-

4thorization Act for Fiscal Year 2023.’’.

5(c) RECORDS OF NONDISCLOSURE AGREEMENTS.—

6

(1)

OF

NONDISCLOSURE

7AGREEMENTS.—The8

rector of National Intelligence, the Secretary of

9Homeland Security, the heads of such other depart-10

ments and agencies of the Federal Government that

11

have supported investigations of the types of events

12

covered by subparagraph (A) of subsection (b)(1)13

and activities and programs described in subpara-

14

graph (B) of such subsection, and contractors of the

15

Federal Government supporting such activities and16

programs shall conduct comprehensive searches of17

all records relating to nondisclosure orders or agree-18

ments or other obligations relating to the types of

19

events described in subsection (a) and provide copies

20

of all relevant documents to the Office.

21
22

kjohnson on DSK79L0C42PROD with BILLSIDENTIFICATION

Secretary of Defense, the Di-(2) SUBMITTAL TO CONGRESS.—The head of
the Office shall—

23(A) make the records compiled under para-

24

graph (1) accessible to the congressional intel-•S 4503 RS
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112
1

ligence committees, the congressional defense

2

committees, and congressional leadership; and3(B) not later than September 30, 2023,

4

and at least once each fiscal year thereafter

5

through fiscal year 2026, provide to such com-6

mittees and congressional leadership briefings

7

and reports on such records.

8(d) PROTECTION FROM LIABILITY AND PRIVATE

kjohnson on DSK79L0C42PROD with BILLS

9 RIGHT OF ACTION.—
10(1) PROTECTION FROM LIABILITY.—It shall not

11

be a violation of any law, and no cause of action

12

shall lie or be maintained in any court or other tri-

13

bunal against any person, for reporting any informa-

14tion through, and in compliance with, the system es-

15

tablished pursuant to subsection (b)(1).

16(2) PROHIBITION ON REPRISALS.—An employee

17of a Federal agency and an employee of a contractor

18

for the Federal Government who has authority to19

take, direct others to take, recommend, or approve20

any personnel action, shall not, with respect to such

21

authority, take or fail to take, or threaten to take22

or fail to take, a personnel action, including the rev-

23

ocation or suspension of security clearances, with re-24

spect to any individual as a reprisal for any report-

25

ing as described in paragraph (1).

•S 4503 RS
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113
1

(3) PRIVATE RIGHT OF ACTION.—In a case in2

which an employee described in paragraph (2) takes

3

a personnel action against an individual in violation

4of such paragraph, the individual may bring a pri-

5vate civil action for all appropriate remedies, includ-6

ing injunctive relief and compensatory and punitive

7

damages, against the Government or other employer

8

who took the personnel action, in a Federal district

9

court of competent jurisdiction.

10(e) REVIEW BY INSPECTORS GENERAL.—Not later11 than one year after the date of the enactment of this Act,12 the Inspector General of the Department of Defense and13 the Inspector General of the Intelligence Community shallkjohnson on DSK79L0C42PROD with BILLS

14 each—15(1) conduct an assessment of the compliance16with the requirements of this section and the oper-

17

ation and efficacy of the system established under18

subsection (b); and19(2) submit to the congressional intelligence

20

committees, the congressional defense committees,21

and congressional leadership a report on their re-22

spective findings with respect to the assessments

23

they conducted under paragraph (1).

24

(f) DEFINITIONS.—In this section:•S 4503 RS
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114
1

(1) The term ‘‘congressional defense commit-

2

tees’’ has the meaning given such term in section

3

101(a) of title 10, United States Code.

4

(2)

5

means—

term‘‘congressional

leadership’’6(A) the majority leader of the Senate;

7(B) the minority leader of the Senate;

8(C) the Speaker of the House of Rep-

9

resentatives; and10kjohnson on DSK79L0C42PROD with BILLSThe(D) the minority leader of the House of

11

Representatives.

12(3) The term ‘‘Office’’ means the office estab-

13

lished under section 1683(a) of the National Defense

14

Authorization Act for Fiscal Year 2022 (50 U.S.C.

15

3373(a)), as amended by section 703.

16(4) The term ‘‘personnel action’’ has the mean-

17

ing given such term in section 1104(a) of the Na-18tional Security Act of 1947 (50 U.S.C. 3234(a)).

19(5) The term ‘‘unidentified aerospace-undersea

20

phenomena’’ has the meaning given such term in

21

section 1683(o) of the National Defense Authoriza-

22tion Act for Fiscal Year 2022 (50 U.S.C. 3373(o)),

23as amended by section 703.

•S 4503 RS
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115
1

SEC.

705.

COMPTROLLER

GENERAL

2

STATES

3

AEROSPACE-UNDERSEA

4RECORDS.

COMPILATION

OF

THE

UNITED

OF

UNIDENTIFIEDPHENOMENA

5(a) DEFINITION OF UNIDENTIFIED AEROSPACE-UN-

6

DERSEA PHENOMENA.—In this section, the term ‘‘uniden-

7 tified aerospace-undersea phenomena’’ has the meaning
8 given such term in section 1683(o) of the National De9 fense Authorization Act for Fiscal Year 2022 (50 U.S.C.
10 3373(o)), as amended by section 703.
11(b) COMPILATION REQUIRED.—Not later than one

12 year after the date of the enactment of this Act, the Comp-kjohnson on DSK79L0C42PROD with BILLS

13 troller General of the United States shall—
14(1) commence a review of the records and docu-

15

ments of the intelligence community, oral history

16

interviews, open source analytic analysis, interviews

17of current and former government officials, classified

18

and unclassified national archives (including those

19

records any third party obtained pursuant to section

20

552 of title 5, United States Code (commonly known

21

as the ‘‘Freedom of Information Act’’ or ‘‘FOIA’’)),

22and such other relevant historical sources as the23Comptroller General considers appropriate; and24(2) for the period beginning on January 1,

25

1947, and ending on the date on which the Comp-26

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kjohnson on DSK79L0C42PROD with BILLS

116
1section, compile and itemize a complete historical2

record of the intelligence community’s involvement

3with unidentified aerospace-undersea phenomena, in-4

cluding successful or unsuccessful efforts to identify

5and track unidentified aerospace-undersea phe-6nomena, and any intelligence community efforts to7

obfuscate, manipulate public opinion, hide, or other-8

wise provide unclassified or classified misinformation

9

about unidentified aerospace-undersea phenomena or

10related activities, based on the review conducted11

under paragraph (1).

12(c) REPORT.—

13(1) IN GENERAL.—Not later than 180 days

14

after the date on which the Comptroller General

15completes the compilation and itemization required16

by subsection (b)(2), the Comptroller General shall17

submit to Congress a report summarizing the histor-

18

ical record described in such subsection.

19(2) RESOURCES.—The report submitted under

20

paragraph (1) shall include citations to the resources

21

relied upon and instructions as to how the resources

22

can be accessed.

23(3) FORM.—The report submitted under para-

24

graph (1) shall be submitted in unclassified form,

25

but may include a classified annex as necessary.

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1

(d) COOPERATION OF INTELLIGENCE COMMUNITY.—

2 The heads of elements of the intelligence community
3 whose participation the Comptroller General deems nec4 essary to carry out subsections (b) and (c), including the
5 Director of National Intelligence, the Under Secretary of
6 Defense for Intelligence and Security, and the Director of
7 the Unidentified Aerospace-Undersea Phenomena Joint
8 Program Office, shall fully cooperate with the Comptroller
9 General and provide to the Comptroller General such in10 formation as the Comptroller General determines nec11 essary to carry out such subsections.
12(e) ACCESS TO RECORDS OF THE NATIONAL AR-

13

CHIVES AND RECORDS ADMINISTRATION.—The Archivist

14 of the United States shall make available to the Comp15 troller General such information maintained by the Na16 tional Archives and Records Administration, including
17 classified information, as the Comptroller General con18 siders necessary to carry out subsections (b) and (c).
19kjohnson on DSK79L0C42PROD with BILLS

20

SEC. 706. OFFICE OF GLOBAL COMPETITION ANALYSIS.

(a) DEFINITIONS.—In this section:

21(1) EXECUTIVE AGENCY.—The term ‘‘Executive

22

agency’’ has the meaning given such term in section

23

105 of title 5, United States Code.

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1

(2) OFFICE.—The term ‘‘Office’’ means the Of-

2fice of Global Competition Analysis established3

under subsection (b).

4(b) ESTABLISHMENT.—

56(1) IN GENERAL.—The President shall establish
an office on analysis of global competition.

78(2) PURPOSES.—The purposes of the Office areas follows:

9(A) To carry out a program of analysis on

10

United States leadership in technology and in-11

novation sectors critical to national security and12economic prosperity relative to other countries,

13

particularly those countries that are strategic

14

competitors of the United States.

15(B) To support policy development and de-16

cision making to ensure United States leader-17

ship in technology and innovation sectors crit-

18

ical to national security and economic pros-

19

perity.

20(3) DESIGNATION.—The Office shall be known

21

as the ‘‘Office of Global Competition Analysis’’.

22(c) ACTIVITIES.—In accordance with the priorities

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23 determined under subsection (d), the Office shall—
24(1) acquire and prepare data relating to the25

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1

ing data relating to critical technologies, innovation,2and production capacity in the United States and3other countries, consistent with applicable provisions

4of law;5

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6(2) conduct long- and short-term analysis regarding—

7(A) United States policies that enable tech-8

nological competitiveness relative to those of9other countries, particularly with respect to10

countries that are strategic competitors of the

11

United States;

12(B) United States science and technology

13

ecosystem elements relative to those of other14

countries, particularly with respect to countries

15

that are strategic competitors of the United

16

States;17(C) United States competitiveness in tech-18

nology and innovation sectors critical to na-

19tional security and economic prosperity relative20

to other countries, including the availability of

21

United States technology in such sectors

22

abroad, particularly with respect to countries

23

that are strategic competitors of the United

24

States;•S 4503 RS
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1

(D) trends and trajectories, including rate2

of change in technologies, related to technology

3and innovation sectors critical to national secu-

4

rity and economic prosperity;

5(E) threats to United States national secu-

6

rity interests as a result of any foreign coun-

7

try’s dependence on technologies of strategic

8

competitors of the United States; and9(F) threats to United States interests

10

based on dependencies on foreign technologies

11

critical to national security and economic pros-

12

perity; and13(3) engage with private sector entities on mat-14

ters relating to analysis under paragraph (2).

15(d) DETERMINATION OF PRIORITIES.—On a periodic

16 basis, the Director of the Office of Science and Technology
17 Policy, the Assistant to the President for Economic Policy,
18 the Assistant to the President for National Security Af19 fairs, the Secretary of Commerce, the Director of National
20 Intelligence, the Secretary of Defense, the Secretary of
21 Energy, and the Secretary of State shall, in coordination
22 with such heads of Executive agencies as such Directors,

kjohnson on DSK79L0C42PROD with BILLS

23 Assistants, and Secretaries jointly consider appropriate,
24 jointly determine the priorities of the Office with respect
25 to subsection (b)(2)(A).
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1

(e) ADMINISTRATION.—

2(1) IN GENERAL.—To carry out the purposes3

set forth under subsection (b)(2), the Office shall4

enter into an agreement with a public-private or a5federally funded research and development center, a6

university affiliated research center, or consortium

7of federally funded research and development cen-8

ters, and university affiliated research centers.

9(2) LIMITATION.—Of the amount authorized to10

be appropriated by subsection (i) to carry out this11

section, not more than 5 percent may be used for12

administrative expenses.

13(f) ACCESS TO, USE, AND HANDLING OF INFORMA-

14

TION.—

15(1) FEDERAL INFORMATION.—In carrying out

16

the activities under subsection (c), the Office shall17

have access to all information, data, or reports of18

any Executive agency that the Office determines

19

necessary to carry out this section—

20(A) upon written request;

21(B) subject to limitations under applicablekjohnson on DSK79L0C42PROD with BILLS

22

provisions of law; and23(C) consistent with the protection of24

sources and methods, law enforcement stric-

25

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businesses, and protection of personally identifi-

2able information.

3(2) COMMERCIALINFORMATION.—The

Office4

may obtain commercially available information that5

may not be publicly available.

6(3) USE OF INFORMATION.—The Office may

7

use information obtained under this subsection for

8

purposes set forth under subsection (b)(2).

9(4) HANDLING OF INFORMATION.—The Office10

shall handle information obtained under this sub-11

section subject to all restrictions required by the12source of the information.

13(g) ADDITIONAL SUPPORT.—A head of an Executive

14 agency may provide to the Office such support, in the form
15 of financial assistance and personnel, as the head con16 siders appropriate to assist the Office in carrying out any
17 activity under subsection (c), consistent with the priorities
18 determined under subsection (d).
19(h) ANNUAL REPORT.—Not less frequently than once

20 each year, the Office shall submit to Congress a report
21 on the activities of the Office under this section.
22(i) AUTHORIZATION OF APPROPRIATIONS.—There is

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23 authorized to be appropriated to carry out this section
24 $20,000,000 for fiscal year 2023.

•S 4503 RS
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1

SEC. 707. REPORT ON TRACKING AND COLLECTING PRE-

2

CURSOR CHEMICALS USED IN THE PRODUC-

3

TION OF SYNTHETIC OPIOIDS.

4(a) IN GENERAL.—Not later than 180 days after the

5 date of the enactment of this Act, the Director of the Cen6 tral Intelligence Agency shall submit to the congressional
7 intelligence committees a report on—
8(1) any gaps or challenges related to tracking

9

licit precursor chemicals that are bound for illicit

10

use in the production of synthetic opioids; and11(2) any gaps in authorities related to the collec-

12tion of licit precursor chemicals that have been rout-13

ed toward illicit supply chains.

14(b) FORM OF REPORT.—The report submitted under

15 subsection (a) shall be submitted in unclassified form, but
16 may include a classified annex.
17SEC. 708. ASSESSMENT AND REPORT ON MASS MIGRATION

18

IN THE WESTERN HEMISPHERE.

19(a) IN GENERAL.—Not later than 90 days after the

20 date of the enactment of this Act, the Director of National
21 Intelligence shall assess, and submit to the congressional

kjohnson on DSK79L0C42PROD with BILLS

22 intelligence committees a report on—
23(1) the threats to the interests of the United

24

States created or enhanced by, or associated with,25

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1

Hemisphere, particularly to the southern border of2

the United States;

3(2) the use of or the threat of using mass mi-

4

gration in the Western Hemisphere by the regime of5

Nicolás Maduro in Venezuela and the regime of

6

Miguel Dı́az-Canel and Raúl Castro in Cuba—

7(A) to effectively curate populations so

8that people who remain in those countries are9

powerless to meaningfully dissent;

10(B) to extract diplomatic concessions from11

the United States; and12(C) to enable the increase of remittances

13

from migrants residing in the United States as

14

a result of the mass migration to help finance15

the regimes in Venezuela and Cuba; and16(3) any gaps in resources, collection capabili-

17ties, or authorities relating to the ability of the intel-

18

ligence community to timely identify the threats de-19

scribed in paragraphs (1) and (2), and recommenda-

20

tions for addressing those gaps.

21(b) FORM OF REPORT.—The report submitted under

22 paragraph (1) shall be submitted in unclassified form, but

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23 may include a classified annex.

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1

SEC. 709. NOTIFICATIONS REGARDING TRANSFERS OF DE-

2

TAINEES AT UNITED STATES NAVAL STATION

3GUANTANAMO BAY, CUBA.

4(a) DEFINITIONS.—In this section:

5(1) APPROPRIATE MEMBERS OF CONGRESS.—6

The term ‘‘appropriate Members of Congress’’7means—

8(A) the majority leader and minority lead-9

er of the Senate;

10(B) the Chairman and Ranking Member of

11

the Committee on Armed Services of the Sen-

12

ate;

13

(C) the Chairman and Vice Chairman of14

the Select Committee on Intelligence of the15

Senate;16(D) the Chairman and Vice Chairman of17

the Committee on Appropriations of the Senate;

18(E) the Chairman and Ranking Member of

19

the Committee on Foreign Relations of the Sen-

20

ate;

21

(F) the Speaker of the House of Rep-

22

resentatives;

kjohnson on DSK79L0C42PROD with BILLS23(G) the minority leader of the House of24

Representatives;•S 4503 RS
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(H) the Chairman and Ranking Member of2

the Committee on Armed Services of the House

3

of Representatives;4(I) the Chairman and Ranking Member of5

the Permanent Select Committee on Intelligence6of the House of Representatives;

7(J) the Chair and Ranking Member of the8

Committee on Appropriations of the House of9

Representatives; and

10(K) the Chairman and Ranking Member of

11

the Committee on Foreign Affairs of the House

12

of Representatives.

13(2) INDIVIDUAL DETAINED AT GUANTANAMO.—

14

The term ‘‘individual detained at Guantanamo’’ has

15

the meaning given that term in section 1034(f)(2) of

16

the National Defense Authorization Act for Fiscal

17

Year 2016 (Public Law 114–92; 129 Stat. 971; 10

18

U.S.C. 801 note).

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19(3) PERIODICREVIEW

BOARD.—The

20‘‘Periodic Review Board’’ has the meaning given

21

that term in section 9 of Executive Order 13567 (1022

U.S.C. 801 note; relating to periodic review of indi-

23

viduals detained at Naval Station Guantanamo Bay

24

pursuant to the Authorization for Use of Military

25

Force).

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(4) REVIEW COMMITTEE.—The term ‘‘Review

2Committee’’ has the meaning given that term in sec-

3

tion 9 of Executive Order 13567 (10 U.S.C. 801

4note; relating to periodic review of individuals de-5tained at Naval Station Guantanamo Bay pursuant

6to the Authorization for Use of Military Force).

7(b) NOTIFICATIONS REQUIRED.—

8(1) ELIGIBILITY

FOR TRANSFER.—Not

later

9

than 3 days after a Periodic Review Board or Re-

10view Committee makes a final determination that11

the continued law of war detention of an individual

12

detained at Naval Station Guantanamo Bay is not

13

warranted, the Secretary of Defense shall submit to14

the appropriate Members of Congress a notification

15of that determination.

16(2) TRANSFER.—Not less than 10 days prior to17

the transfer of any individual detained at Naval Sta-

18

tion Guantanamo Bay, the Secretary of State shall19

submit to the appropriate Members of Congress a20

notification of the transfer.

21(c) MATTERS TO BE INCLUDED.—Each notification

22 submitted under subsection (b)(2) shall include the fol-

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23 lowing:
24
25(1) The name and country of origin of the individual to be transferred.

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1
2

(2) The country to which the individual will betransferred.

3(3) The date and time of the transfer.

4(4) A description of the past terrorism activities

5of the individual.

6(5) An assessment of the terrorism communica-

7

tions and connections of the individual while at8

United States Naval Station Guantanamo Bay,

9

Cuba.

10

(6) An assessment of the likelihood of the indi-

11

vidual’s return to terrorist activities after the release12

and transfer of the individual.

13

SEC. 710. REPORT ON INTERNATIONAL NORMS, RULES, AND

14

PRINCIPLES APPLICABLE IN SPACE.

15(a) IN GENERAL.—Not later than 90 days after the

16 date of the enactment of this Act, the Director of National
17 Intelligence, in coordination with the Secretary of Defense,
18 the Secretary of State, the Secretary of Commerce, the19 Administrator of the National Aeronautics and Space Ad20 ministration, and the heads of any other agencies as the
21 Director considers necessary, shall submit to Congress a
22 report on international norms, rules, and principles appli-

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23 cable in space.
24(b) ELEMENTS.—The report submitted under sub-25 section (a) shall—•S 4503 RS
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(1) identify threats to the interests of the2

United States in space that may be mitigated by

3

international norms, rules, and principles, including

4such norms, rules, and principles relating to develop-

5ments in dual-use technology; and6(2) identify opportunities for the United States7

to influence international norms, rules, and prin-8

ciples applicable in space, including through bilateral

9and multilateral engagement.

10(c) FORM.—The report submitted under subsection

11 (a) shall be submitted in unclassified form, but may in12 clude a classified annex.
13

SEC. 711. ASSESSMENTS OF THE EFFECTS OF SANCTIONS

14IMPOSED WITH RESPECT TO THE RUSSIAN

15

FEDERATION’S INVASION OF UKRAINE.

16(a) IN GENERAL.—Not later than 60 days after the

17 date of the enactment of this Act, and every 180 days
18 thereafter for 3 years, the Director of National Intel19 ligence shall submit to the congressional intelligence com20 mittees an assessment of the cumulative and material ef21 fects of the sanctions imposed by the United States, Euro22 pean countries, and the international community with re-kjohnson on DSK79L0C42PROD with BILLS

23 spect to the Russian Federation in response to the Feb24 ruary 24, 2022, invasion of Ukraine and subsequent ac25 tions by the Russian Federation.
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(b) ELEMENTS.—Each assessment submitted underkjohnson on DSK79L0C42PROD with BILLS

2 subsection (a) shall include the following:
3(1) A description of efforts by the Russian Fed-4

eration to evade or circumvent sanctions imposed by

5

the United States, European countries, or the inter-6

national community through direct or indirect en-

7gagement or direct or indirect assistance from—

8(A) the regimes in Cuba and Nicaragua

9

and the regime of Nicolás Maduro in Venezuela;

10(B) the People’s Republic of China;

11(C) the Islamic Republic of Iran; and

12(D) any other country the Director con-13

siders appropriate.

14(2) An assessment of the cumulative effect of15

the efforts described in paragraph (1), including on

16

the Russian Federation’s strategic relationship with17

the regimes and countries described in such para-

18

graph.

19(3) A description of the material effect of the20

sanctions described in subsection (a), including the21

effect of those sanctions on senior leadership, senior22

military officers, state-sponsored actors, and other23

state-affiliated actors in the Russian Federation that24

are either directly or incidentally subject to those25

sanctions.

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(4) A description of any developments by other2

countries in creating alternative payment systems as

3

a result of the invasion of Ukraine.

4(5) A description of efforts by the Russian Fed-5

eration to evade sanctions using digital assets and a6

description of any related intelligence gaps.

7(6) An assessment of how countries have as-8

sessed the risk of holding reserves in United States

9

dollars since the February 24, 2022, invasion of

10

Ukraine.

11(7) An assessment of the impact of any general

12

licenses issued in relation to the sanctions described

13

in subsection (a), including the extent to which au-

14thorizations for internet-based communications have15

enabled continued monetization by Russian influence16

actors.

17(c) FORM OF ASSESSMENTS.—Each assessment sub-18 mitted under subsection (a) shall be submitted in unclassi-

kjohnson on DSK79L0C42PROD with BILLS

19 fied form and include a classified annex.
20

SEC. 712. ASSESSMENTS AND BRIEFINGS ON IMPLICATIONS

21

OF FOOD INSECURITY THAT MAY RESULT22

FROM THE RUSSIAN FEDERATION’S INVASION

23

OF UKRAINE.

24(a) ASSESSMENTS.—•S 4503 RS
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(1) IN GENERAL.—Not later than 60 days after2

the date of the enactment of this Act, and annually3

thereafter for 2 years, the Director of National In-

4telligence shall conduct a comprehensive assessment

5of the implications of food insecurity that may result

6

from the Russian Federation’s invasion of Ukraine.

7(2) ELEMENTS.—Each assessment conducted8

under paragraph (1) shall address the following:

9(A) The projected timeline for indicators of10

any food insecurity described in paragraph (1)11to manifest.

12(B) The potential for political instability

13

and security crises that may occur as a result

14

of any such food insecurity, disaggregated by

15

region.

16(C) Factors that could minimize the poten-

17

tial effects of any such food insecurity on polit-

18

ical instability and security described in sub-19

paragraph (B), disaggregated by region.

20(D) Opportunities for the United States to21

prevent or mitigate any such food insecurity.

22(b) BRIEFINGS.—Not later than 30 days after the

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23 date on which an assessment conducted under subsection
24 (a)(1) is completed, the Director of National Intelligence•S 4503 RS
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133
1 shall brief the congressional intelligence committees on the
2 findings of the assessment.
3

SEC. 713. PILOT PROGRAM FOR DIRECTOR OF FEDERAL

4BUREAU OF INVESTIGATION TO UNDERTAKE

5

AN EFFORT TO IDENTIFY INTERNATIONAL6

MOBILE

7

AND DEVELOP COUNTERMEASURES.

8

Section 5725 of the Damon Paul Nelson and Mat-

SUBSCRIBERIDENTITY-CATCHERS

9 thew Young Pollard Intelligence Authorization Act for
10 Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3024 note;
11 Public Law 116–92) is amended—12

kjohnson on DSK79L0C42PROD with BILLS

13(1) in subsection (a), in the matter before paragraph (1)—14

(A) by striking ‘‘The Director of National

15Intelligence and the Director of the Federal Bu-

16reau of Investigation’’ and inserting ‘‘The Di-

17

rector of the Federal Bureau of Investigation’’;18(B) by inserting ‘‘the Director of National

19Intelligence,’’ before ‘‘the Under Secretary’’;

20

and

21

(C) by striking ‘‘Directors determine’’ and22

inserting ‘‘Director of the Federal Bureau of23

Investigation determines’’;24(2) by redesignating subsections (b) and (c) as

25

subsections (c) and (d), respectively;•S 4503 RS
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kjohnson on DSK79L0C42PROD with BILLS

1(3) by inserting after subsection (a) the fol-2

lowing:3‘‘(b) PILOT PROGRAM.—4‘‘(1) IN GENERAL.—The Director of the Fed-5eral Bureau of Investigation, in collaboration with6

the Director of National Intelligence, the Under Sec-7

retary of Homeland Security for Intelligence and8Analysis, and the heads of such other Federal,

9State, or local agencies as the Director of the Fed-10eral Bureau of Investigation determines appropriate,11

and in accordance with applicable law and policy,

12

shall conduct a pilot program designed to implement

13

subsection (a) with respect to the National Capital

14

Region.

15‘‘(2) COMMENCEMENT; COMPLETION.—The Di-

16

rector of the Federal Bureau of Investigation shall—

17‘‘(A) commence carrying out the pilot pro-18

gram required by paragraph (1) not later than19

180 days after the date of the enactment of the20Intelligence Authorization Act for Fiscal Year212023; and

22‘‘(B) complete the pilot program not later23

than 2 years after the date on which the Direc-

24

tor commences carrying out the pilot program

25

under subparagraph (A).’’; and•S 4503 RS
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1
2

(4) in subsection (c), as redesignated by paragraph (2)—3(A) in the matter before paragraph (1), by4

striking ‘‘Prior’’ and all that follows through5‘‘Investigation’’ and inserting ‘‘Not later than6

180 days after the date on which the Director

7of the Federal Bureau of Investigation deter-8

mines that the pilot program required by sub-9

section (b)(1) is operational, the Director and10

the Director of National Intelligence’’;11(B) in paragraph (1), by striking ‘‘within

12

the United States’’; and13(C) in paragraph (2), by striking ‘‘by the’’14

and inserting ‘‘deployed by the Federal Bureau

15

of Investigation and other elements of the’’.

16

SEC. 714. DEPARTMENT OF STATE BUREAU OF INTEL-

17

LIGENCE AND RESEARCH ASSESSMENT OF

18

ANOMALOUS HEALTH INCIDENTS.

19(a) APPROPRIATE COMMITTEES OF CONGRESS DE-

20

FINED.—In this section, the term ‘‘appropriate commit-

kjohnson on DSK79L0C42PROD with BILLS

21 tees of Congress’’ means—
22(1) the Committee on Armed Services, the23Committee on Foreign Relations, and the Select24

Committee on Intelligence of the Senate; and•S 4503 RS
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1

(2) the Committee on Armed Services, the2Committee on Foreign Affairs, and the Permanent

3

Select Committee on Intelligence of the House of

4

Representatives.

5(b) ASSESSMENT REQUIRED.—Not later than 90

6 days after the date of the enactment of this Act, the As7 sistant Secretary of State for Intelligence and Research
8 shall submit to the appropriate committees of Congress
9 an assessment of the findings relating to the events that
10 have been collectively labeled as ‘‘anomalous health inci11 dents’’.
12(c) CONTENTS.—The assessment submitted underkjohnson on DSK79L0C42PROD with BILLS

13 subsection (b) shall include the following:
14(1) Any diplomatic reporting or other relevant

15

information, including sources and reliability of re-

16

spective sources, on the causation of anomalous

17

health incidents.

18(2) Any diplomatic reporting or other relevant

19

information, including sources and reliability of re-20

spective sources, on any person or entity who may

21

be responsible for such incidents.

22(3) Detailed plans, including metrics, timelines,

23

and measurable goals, for the Bureau of Intelligence

24

and Research to understand anomalous health inci-•S 4503 RS
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dents and share findings with other elements of the2

intelligence community.

3

SEC. 715. CLARIFICATION OF PROCESS FOR PROTECTING

4

CLASSIFIED INFORMATION USING THE CLAS-

5

SIFIED INFORMATION PROCEDURES ACT.

6

Section 4 of the Classified Information Procedures

7 Act (18 U.S.C. App.) is amended by inserting after ‘‘the
8 court alone.’’ the following: ‘‘Such ex parte showing may
9 be supported by a declaration attesting that disclosure of
10 the classified information would cause damage to the na11 tional security of the United States, which shall be exe12 cuted by any United States official possessing original
13 classification authority, who shall not be required to be

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14 the head of the relevant agency.’’.

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Calendar No. 438

A BILLS. 4503

To authorize appropriations for fiscal year 2023 forintelligence and intelligence-related activities of
the United States Government, the Intelligence
Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes.

S4503

117TH CONGRESS
2D SESSIONJULY 12, 2022

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