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 STATES 

JULY 12, 2022 

Mr. WARNER, from the Select Committee on Intelligence, reported the 

following original bill; which was read twice and placed on the calendar 

A BILL 

To authorize appropriations for fiscal year 2023 for intelligence and intelligence-related activities of the United 

States Government, the Intelligence Community Management Account, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (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 ACTIVITIES 

Sec. 101. Authorization of appropriations. 

Sec. 102. Classified Schedule of Authorizations. 

Sec. 103. Intelligence Community Management Account. 

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 

DISABILITY SYSTEM 

Sec. 201. Authorization of appropriations. 

TITLE III—GENERAL INTELLIGENCE COMMUNITY MATTERS 

Sec. 301. Plan for assessing counterintelligence programs. 

Sec. 302. Modification of advisory board in National Reconnaissance Office. 

Sec. 303. Prohibition on employment with governments of certain countries. 

Sec. 304. Counterintelligence and national security protections for intelligence 

community grant funding. 

Sec. 305. Extension of Central Intelligence Agency law enforcement jurisdiction 

to facilities of Office of Director of National Intelligence. 

Sec. 306. Clarification regarding protection of Central Intelligence Agency functions. 

Sec. 307. Establishment of advisory board for National Geospatial-Intelligence 

Agency. 

Sec. 308. Annual reports on status of recommendations of Comptroller General 

of the United States for the Director of National Intelligence. 

Sec. 309. Timely submission of budget documents from intelligence community. 

Sec. 310. Copyright protection for civilian faculty of the National Intelligence 

University. 

Sec. 311. Expansion of reporting requirements relating to authority to pay personnel of Central Intelligence Agency for certain injuries to the 

brain. 

Sec. 312. Modifications to Foreign Malign Influence Response Center. 

Sec. 313. Requirement to offer cyber protection support for personnel of intelligence community in positions highly vulnerable to cyber attack. 

Sec. 314. Minimum cybersecurity standards for national security systems of intelligence community. 

Sec. 315. Review and report on intelligence community activities under Executive Order 12333. 

Sec. 316. Elevation of the commercial and business operations office of the National Geospatial-Intelligence Agency. 

Sec. 317. Assessing intelligence community open-source support for export controls and foreign investment screening. 

Sec. 318. Annual training requirement and report regarding analytic standards. 

Sec. 319. Historical Advisory Panel of the Central Intelligence Agency. 

TITLE IV—INTELLIGENCE MATTERS RELATING TO THE 

PEOPLE’S REPUBLIC OF CHINA 


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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 of 

China. 

Sec. 405. Annual report on concentrated reeducation camps in the Xinjiang 

Uyghur Autonomous Region of the People’s Republic of China. 

Sec. 406. Assessments of production of semiconductors by the People’s Republic of China. 

TITLE V—PERSONNEL AND SECURITY CLEARANCE MATTERS 

Sec. 501. Improving onboarding of personnel in intelligence community. 

Sec. 502. Improving onboarding at the Central Intelligence Agency. 

Sec. 503. Report on legislative action required to implement Trusted Workforce 

2.0 initiative. 

Sec. 504. Comptroller General of the United States assessment of administration of polygraphs in intelligence community. 

Sec. 505. Timeliness in the administration of polygraphs. 

Sec. 506. Policy on submittal of applications for access to classified information 

for certain personnel. 

Sec. 507. Prohibition on denial of eligibility for access to classified information 

solely because of preemployment use of cannabis. 

Sec. 508. Technical correction regarding Federal policy on sharing of covered 

insider threat information. 

Sec. 509. Establishing process parity for adverse security clearance and access 

determinations. 

Sec. 510. Elimination of cap on compensatory damages for retaliatory revocation of security clearances and access determinations. 

Sec. 511. Comptroller General of the United States report on use of Government and industry space certified as secure compartmented information facilities. 

TITLE VI—INSPECTOR GENERAL OF THE INTELLIGENCE 

COMMUNITY 

Sec. 601. Submittal of complaints and information by whistleblowers in the intelligence community to Congress. 

Sec. 602. Modification of whistleblower protections for contractor employees in 

intelligence community. 

Sec. 603. Prohibition against disclosure of whistleblower identity as reprisal 

against whistleblower disclosure by employees and contractors 

in intelligence community. 

Sec. 604. Definitions regarding whistleblower complaints and information of urgent concern received by inspectors general of the intelligence 

community. 

TITLE VII—OTHER MATTERS 

Sec. 701. Improvements relating to continuity of Privacy and Civil Liberties 

Oversight Board membership. 

Sec. 702. Report by Public Interest Declassification Board. 


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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 in 

space. 

Sec. 711. Assessments of the effects of sanctions imposed with respect to the 

Russian Federation’s invasion of Ukraine. 

Sec. 712. Assessments and briefings on implications of food insecurity that may 

result from the Russian Federation’s invasion of Ukraine. 

Sec. 713. Pilot program for Director of Federal Bureau of Investigation to undertake an effort to identify International Mobile Subscriber 

Identity-catchers and develop countermeasures. 

Sec. 714. Department of State Bureau of Intelligence and Research assessment 

of anomalous health incidents. 

Sec. 715. Clarification of process for protecting classified information using the 

Classified Information Procedures Act. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) CONGRESSIONAL INTELLIGENCE COMMIT4 TEES.—The term ‘‘congressional intelligence com5 mittees’’ has the meaning given such term in section 

6 3 of the National Security Act of 1947 (50 U.S.C. 

7 3003). 

8 (2) INTELLIGENCE COMMUNITY.—The term 

9 ‘‘intelligence community’’ has the meaning given 

10 such term in such section. 


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1 TITLE I—INTELLIGENCE 

2 ACTIVITIES 

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 and 

6 intelligence-related activities of the intelligence commu7 nity. 

8 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

9 (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 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU16 THORIZATIONS.— 

17 (1) AVAILABILITY.—The classified Schedule of 

18 Authorizations referred to in subsection (a) shall be 

19 made available to the Committee on Appropriations 

20 of the Senate, the Committee on Appropriations of 

21 the House of Representatives, and to the President. 

22 (2) DISTRIBUTION BY THE PRESIDENT.—Sub23 ject to paragraph (3), the President shall provide for 

24 suitable distribution of the classified Schedule of Au25 thorizations referred to in subsection (a), or of apVerDate Sep 11 2014 23:52 Jul 12, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4503.RS S4503

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1 propriate portions of such Schedule, within the exec2 utive branch of the Federal Government. 

3 (3) LIMITS ON DISCLOSURE.—The President 

4 shall not publicly disclose the classified Schedule of 

5 Authorizations or any portion of such Schedule ex6 cept— 

7 (A) as provided in section 601(a) of the 

8 Implementing Recommendations of the 9/11 

9 Commission Act of 2007 (50 U.S.C. 3306(a)); 

10 (B) to the extent necessary to implement 

11 the budget; or 

12 (C) as otherwise required by law. 

13 SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT AC14 COUNT. 

15 (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. 

19 (b) CLASSIFIED AUTHORIZATION OF APPROPRIA20 TIONS.—In addition to amounts authorized to be appro21 priated for the Intelligence Community Management Ac22 count by subsection (a), there are authorized to be appro23 priated for the Intelligence Community Management Ac24 count for fiscal year 2023 such additional amounts as are 


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1 specified in the classified Schedule of Authorizations re2 ferred to in section 102(a). 

3 TITLE II—CENTRAL INTEL4 LIGENCE AGENCY RETIRE5 MENT AND DISABILITY SYS6 TEM 

7 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

8 There is authorized to be appropriated for the Cen9 tral Intelligence Agency Retirement and Disability Fund 

10 $514,000,000 for fiscal year 2023. 

11 TITLE III—GENERAL INTEL12 LIGENCE COMMUNITY MAT13 TERS 

14 SEC. 301. PLAN FOR ASSESSING COUNTERINTELLIGENCE 

15 PROGRAMS. 

16 (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) 

23 shall include the following: 


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1 (1) A description of the standards and methods 

2 of assessment that apply for each evaluated Execu3 tive agency. 

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

5 timeframe to cover all counterintelligence programs 

6 of the Federal Government. 

7 (3) The periodicity for updated assessments. 

8 (4) The annual costs required to conduct the 

9 agency assessments and any recommendations for a 

10 cost recovery mechanism. 

11 SEC. 302. MODIFICATION OF ADVISORY BOARD IN NA12 TIONAL RECONNAISSANCE OFFICE. 

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

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 Intel17 ligence and the Secretary of Defense,’’ after ‘‘Direc18 tor’’; and 

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

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

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


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1 SEC. 303. PROHIBITION ON EMPLOYMENT WITH GOVERN2 MENTS 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 GOVERN7 MENTS OF CERTAIN COUNTRIES. 

8 ‘‘(a) DEFINITIONS.—In this section: 

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

10 employee’, with respect to an employee occupying a 

11 position within an element of the intelligence com12 munity, means an officer or official of an element of 

13 the intelligence community, a contractor of such an 

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

15 of the Armed Forces assigned to such an element 

16 that, based on the level of access of a person occu17 pying such position to information regarding sen18 sitive intelligence sources or methods or other excep19 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 en25 actment of the Intelligence Authorization Act for 


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1 Fiscal Year 2023 and is no longer a covered em2 ployee. 

3 ‘‘(3) STATE SPONSOR OF TERRORISM.—The 

4 term ‘state sponsor of terrorism’ means a country 

5 the government of which the Secretary of State de6 termines has repeatedly provided support for inter7 national terrorism pursuant to— 

8 ‘‘(A) section 1754(c)(1)(A) of the Export 

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

10 4813(c)(1)(A)); 

11 ‘‘(B) section 620A of the Foreign Assist12 ance Act of 1961 (22 U.S.C. 2371); 

13 ‘‘(C) section 40 of the Arms Export Con14 trol Act (22 U.S.C. 2780); or 

15 ‘‘(D) any other provision of law. 

16 ‘‘(b) PROHIBITION ON EMPLOYMENT AND SERV17 ICES.—No former covered employee may provide services 

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

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, 

22 or the Russian Federation; 

23 ‘‘(2) a person or entity that is directed and con24 trolled by a government described in paragraph (1). 


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1 ‘‘(c) TRAINING AND WRITTEN NOTICE.—The head of 

2 each element of the intelligence community shall— 

3 ‘‘(1) regularly provide to the covered employees 

4 of the element training on the prohibition in sub5 section (b); and 

6 ‘‘(2) provide to each covered employee of the 

7 element before the covered employee becomes a 

8 former covered employee written notice of the prohi9 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 shall 

22 apply to— 

23 ‘‘(1) a former covered employee who continues 

24 to provide services described in subsection (b) that 

25 the former covered employee first began to provide 


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1 before the date of the enactment of the Intelligence 

2 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 Re9 public of China, or the Russian Federation as a re10 sult of a merger, acquisition, or similar change of 

11 ownership 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 as 

19 a state sponsor of terrorism after the date on 

20 which such former covered employee first began 

21 to provide such services; or 

22 ‘‘(B) a person or entity directed and con23 trolled by a government described in subpara24 graph (A).’’. 


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1 (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 SECU14 RITY PROTECTIONS FOR INTELLIGENCE 

15 COMMUNITY GRANT FUNDING. 

16 (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 period 

22 ending on the date of the person or entity’s application 

23 for the grant. 

24 (b) REVIEW OF GRANT APPLICANTS.— 


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1 (1) TRANSMITTAL OF DISCLOSURES.—Each 

2 head 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 In5 telligence. 

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

7 with such heads of elements of the intelligence com8 munity as the Director considers appropriate, shall 

9 establish a process— 

10 (A) to review the disclosures under sub11 section (a); and 

12 (B) to take such actions as may be nec13 essary to ensure that the applicants for grants 

14 awarded by elements of the intelligence commu15 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 or 

18 entity having ownership or control, in whole or 

19 in part, by the government of the People’s Re20 public of China, the Russian Federation, the Is21 lamic Republic of Iran, the Democratic People’s 

22 Republic of Korea, or the Republic of Cuba, 

23 of— 


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1 (i) misappropriation of United States 

2 intellectual property, research and develop3 ment, and innovation efforts; or 

4 (ii) other threats from foreign govern5 ments and other entities. 

6 (c) ANNUAL REPORT REQUIRED.—Not later than 

7 one year after the date of the enactment of this Act and 

8 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 re13 ceived by each element of the intelligence commu14 nity. 

15 (2) The number of such applications that were 

16 reviewed for each element of the intelligence commu17 nity, using the process established under subsection 

18 (b). 

19 (3) The number of such applications that were 

20 denied and the reasons for such denials for each ele21 ment of the intelligence community. 

22 (d) APPLICABILITY.—Subsections (a) and (b) shall 

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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1 SEC. 305. EXTENSION OF CENTRAL INTELLIGENCE AGENCY 

2 LAW ENFORCEMENT JURISDICTION TO FA3 CILITIES OF OFFICE OF DIRECTOR OF NA4 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— 

8 (1) in subparagraph (C), by striking ‘‘; and’’ 

9 and inserting a semicolon; 

10 (2) by redesignating subparagraph (D) as sub11 paragraph (E); 

12 (3) by inserting after subparagraph (C) the fol13 lowing: 

14 ‘‘(D) within an installation owned, or con15 tracted to be occupied for a period of one year or 

16 longer, by the Office of the Director of National In17 telligence; and’’; and 

18 (4) in subparagraph (E), as redesignated by 

19 paragraph (2), by inserting ‘‘or (D)’’ after ‘‘in sub20 paragraph (C)’’. 

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

22 such section is amended by striking ‘‘or (D)’’ and insert23 ing ‘‘or (E)’’. 


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1 SEC. 306. CLARIFICATION REGARDING PROTECTION OF 

2 CENTRAL INTELLIGENCE AGENCY FUNC3 TIONS. 

4 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 NA9 TIONAL GEOSPATIAL-INTELLIGENCE AGEN10 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’’). 

14 (b) DUTIES.—The Board shall— 

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

16 National Geospatial-Intelligence Agency, including 

17 with respect to integration of commercial capabili18 ties, promoting innovation, advice on next generation 

19 tasking, collection, processing, exploitation, and dis20 semination capabilities, strengthening functional 

21 management, acquisition, and such other matters as 

22 the Director of the National Geospatial-Intelligence 

23 Agency considers appropriate; and 

24 (2) advise and report directly to the Director 

25 with respect to such matters. 

26 (c) MEMBERS.— 


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1 (1) NUMBER AND APPOINTMENT.— 

2 (A) IN GENERAL.—The Board shall be 

3 composed of 6 members appointed by the Direc4 tor from among individuals with demonstrated 

5 academic, government, business, or other exper6 tise relevant to the mission and functions of the 

7 Agency. 

8 (B) NOTIFICATION.—Not later than 30 

9 days after the date on which the Director ap10 points a member to the Board, the Director 

11 shall notify the congressional intelligence com12 mittees and the congressional defense commit13 tees (as defined in section 101(a) of title 10, 

14 United States Code) of such appointment. 

15 (C) INITIAL APPOINTMENTS.—Not later 

16 than 180 days after the date of the enactment 

17 of this Act, the Director shall appoint the initial 

18 6 members to the Board. 

19 (2) TERMS.—Each member shall be appointed 

20 for a term of 3 years. 

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

22 vacancy 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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1 (4) CHAIR.—The Board shall have a Chair, who 

2 shall be appointed by the Director from among the 

3 members. 

4 (5) TRAVEL EXPENSES.—Each member shall 

5 receive travel expenses, including per diem in lieu of 

6 subsistence, in accordance with applicable provisions 

7 under subchapter I of chapter 57 of title 5, United 

8 States Code. 

9 (6) EXECUTIVE SECRETARY.—The Director 

10 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. 

20 (f) NONAPPLICABILITY OF CERTAIN REQUIRE21 MENTS.—The Federal Advisory Committee Act (5 U.S.C. 

22 App.) shall not apply to the Board. 

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. 


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1 SEC. 308. ANNUAL REPORTS ON STATUS OF RECOMMENDA2 TIONS OF COMPTROLLER GENERAL OF THE 

3 UNITED STATES FOR THE DIRECTOR OF NA4 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 

23 actions taken by the Director and actions the Director in24 tends to take, alone or in coordination with the heads of 

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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 UNIVER15 SITY. 

16 Section 105 of title 17, United States Code, is 

17 amended— 

18 (1) by redesignating the second subsection (c) 

19 as subsection (d); 

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

21 following: 

22 ‘‘(c) USE BY FEDERAL GOVERNMENT.— 

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

24 With respect to a covered author who produces a 

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1 ered institution described in subparagraphs (A) 

2 through (L) of subsection (d)(2), the Secretary of 

3 Defense may direct the covered author to provide 

4 the Federal Government with an irrevocable, royalty5 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 employ11 ment at the covered institution described in sub12 section (d)(2)(M), the Director of National Intel13 ligence may direct the covered author to provide the 

14 Federal Government with an irrevocable, royalty15 free, world-wide, nonexclusive license to reproduce, 

16 distribute, perform, or display such covered work for 

17 purposes of the United States Government.’’; and 

18 (3) in paragraph (2) of subsection (d), as so re19 designated, by adding at the end the following: 

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


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1 SEC. 311. EXPANSION OF REPORTING REQUIREMENTS RE2 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 Af6 flicted by Neurological Attacks Act of 2021 (Public Law 

7 117–46) is amended— 

8 (1) in subparagraph (A), by inserting ‘‘and not 

9 less frequently than once each year thereafter for 5 

10 years’’ after ‘‘Not later than 365 days after the date 

11 of the enactment of this Act’’; 

12 (2) in subparagraph (B), by adding at the end 

13 the following: 

14 ‘‘(iv) Detailed information about the 

15 number of covered employees, covered indi16 viduals, and covered dependents who re17 ported experiencing vestibular, neuro18 logical, or related injuries, including those 

19 broadly termed ‘anomalous health inci20 dents’. 

21 ‘‘(v) The number of individuals who 

22 have sought benefits under any provision 

23 of section 19A of the Central Intelligence 

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

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1 pendents who are unable to perform all or 

2 part of their professional duties as a result 

3 of injuries described in clause (iv). 

4 ‘‘(vii) An updated analytic assessment 

5 coordinated by the National Intelligence 

6 Council regarding the potential causes and 

7 perpetrators of anomalous health incidents, 

8 as well as any and all dissenting views 

9 within the intelligence community, which 

10 shall be included as appendices to the as11 sessment.’’; and 

12 (3) in subparagraph (C), by striking ‘‘The’’ and 

13 inserting ‘‘Each’’. 

14 SEC. 312. MODIFICATIONS TO FOREIGN MALIGN INFLU15 ENCE RESPONSE CENTER. 

16 (a) RENAMING.— 

17 (1) IN GENERAL.—Section 119C of the Na18 tional Security Act of 1947 (50 U.S.C. 3059) is 

19 amended— 

20 (A) in the section heading, by striking 

21 ‘‘RESPONSE’’; and 

22 (B) in subsection (a), by striking ‘‘Re23 sponse’’. 

24 (2) CLERICAL AMENDMENT.—The table of con25 tents in the matter preceding section 2 of such Act 


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1 is amended by striking the item relating to section 

2 119C and inserting the following: 

‘‘Sec. 119C. Foreign Malign Influence Center.’’. 

3 (3) CONFORMING AMENDMENT.—Section 

4 589E(d)(2) of the William M. (Mac) Thornberry 

5 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, regula9 tion, map, document, paper, or other record of the 

10 United States to the ‘‘Foreign Malign Influence Re11 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 (1) by redesignating subsection (e) as sub16 section (f); and 

17 (2) by inserting after subsection (d) the fol18 lowing: 

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

20 this section shall terminate on December 31, 2027, and 

21 the Director of National Intelligence shall take such ac22 tions as may be necessary to conduct an orderly wind23 down of the activities of the Center before December 31, 

24 2028.’’. 


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1 (c) REPORT.—Not later than December 31, 2026, the 

2 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 

9 SUPPORT FOR PERSONNEL OF INTEL10 LIGENCE COMMUNITY IN POSITIONS HIGHLY 

11 VULNERABLE TO CYBER ATTACK. 

12 (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 insert18 ing ‘‘shall offer’’; 

19 (B) by inserting ‘‘and shall provide such 

20 support to any such personnel who request’’ be21 fore the period at the end; and 

22 (2) in the subsection heading, by striking ‘‘AU23 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 InVerDate Sep 11 2014 23:52 Jul 12, 2022 Jkt 029200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S4503.RS S4503

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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 NA11 TIONAL SECURITY SYSTEMS OF INTEL12 LIGENCE COMMUNITY. 

13 (a) DEFINITION OF NATIONAL SECURITY SYS14 TEMS.—In this section, the term ‘‘national security sys15 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.—The 

21 Director of National Intelligence shall, in coordination 

22 with the National Manager for National Security Systems, 

23 establish minimum cybersecurity requirements that shall 

24 apply to all national security systems operated by, on the 


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1 behalf of, or under a law administered by the head of an 

2 element of the intelligence community. 

3 (c) IMPLEMENTATION DEADLINE.—The require4 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. 

21 (f) EXEMPTIONS.— 

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

23 of an element of the intelligence community may be 

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1 ards established under subsection (b) in accordance 

2 with the process established under paragraph (2). 

3 (2) PROCESS FOR EXEMPTION.—The Director 

4 shall establish and administer a process by which 

5 specific 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), the 

11 number of exemptions denied, and the justification for 

12 each exemption request that was approved. 

13 SEC. 315. REVIEW AND REPORT ON INTELLIGENCE COMMU14 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, the 

18 Director of National Intelligence shall— 

19 (1) conduct a review to ascertain the feasibility 

20 and advisability of compiling and making public in21 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 ac24 tivities); and 


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1 (2) submit to the congressional intelligence 

2 committees a report on the findings of the Director 

3 with respect to the review conducted under para4 graph (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: 

8 (1) Data on activities described in subsection 

9 (a)(1), including the following: 

10 (A) The amount of United States person 

11 information collected pursuant to such activi12 ties. 

13 (B) Queries of United States persons pur14 suant to such activities. 

15 (C) Dissemination of United States person 

16 information pursuant to such activities, includ17 ing masking and unmasking. 

18 (D) The use of United States person infor19 mation in criminal proceedings. 

20 (2) Quantitative data and qualitative descrip21 tions of incidents in which the intelligence commu22 nity violated Executive Order 12333 and associated 

23 guidelines and procedures. 

24 (c) CONSIDERATIONS.—In conducting the review 

25 under subsection (a)(1), the Director shall consider— 


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1 (1) the public transparency associated with the 

2 use by the intelligence community of the authorities 

3 provided under the Foreign Intelligence Surveillance 

4 Act of 1978 (50 U.S.C. 1801 et seq.), including rel5 evant data and compliance incidents; and 

6 (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 BUSINESS 

15 OPERATIONS OFFICE OF THE NATIONAL 

16 GEOSPATIAL-INTELLIGENCE AGENCY. 

17 Beginning not later than 90 days after the date of 

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 

21 National Geospatial-Intelligence Agency. 


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1 SEC. 317. ASSESSING INTELLIGENCE COMMUNITY OPEN2 SOURCE SUPPORT FOR EXPORT CONTROLS 

3 AND FOREIGN INVESTMENT SCREENING. 

4 (a) PILOT PROGRAM TO ASSESS OPEN SOURCE SUP5 PORT FOR EXPORT CONTROLS AND FOREIGN INVEST6 MENT SCREENING.— 

7 (1) PILOT PROGRAM AUTHORIZED.—The Direc8 tor of National Intelligence shall carry out a pilot 

9 program to assess the feasibility and advisability of 

10 providing intelligence derived from open source, pub11 licly and commercially available information to the 

12 Department of Commerce to support the export con13 trol and investment screening functions of the De14 partment. 

15 (2) AUTHORITY.—In carrying out the pilot pro16 gram required by paragraph (1), the Director— 

17 (A) shall establish a process for the provi18 sion of information as described in such para19 graph; and 

20 (B) may— 

21 (i) acquire and prepare data, con22 sistent with applicable provisions of law 

23 and Executive orders; 

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1 ment, or application of automated tools; 

2 and 

3 (iii) establish standards and policies 

4 regarding the acquisition, treatment, and 

5 sharing of open source, publicly and com6 mercially available information. 

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

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

9 period. 

10 (b) PLAN AND REPORT REQUIRED.— 

11 (1) DEFINITION OF APPROPRIATE COMMITTEES

12 OF CONGRESS.—In this subsection, the term ‘‘appro13 priate committees of Congress’’ means— 

14 (A) the Select Committee on Intelligence, 

15 the Committee on Banking, Housing, and 

16 Urban Affairs, and the Committee on Appro17 priations of the Senate; and 

18 (B) the Permanent Select Committee on 

19 Intelligence, the Committee on Foreign Affairs, 

20 the Committee on Financial Services, and the 

21 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 


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1 Director shall, in coordination with the Sec2 retary of Commerce, submit to the appropriate 

3 committees of Congress a plan to carry out the 

4 pilot program required by subsection (a)(1). 

5 (B) CONTENTS.—The plan submitted 

6 under subparagraph (A) shall include the fol7 lowing: 

8 (i) A list, developed in consultation 

9 with the Secretary of Commerce, of the ac10 tivities of the Department of Commerce 

11 that will be supported by the center estab12 lished under the pilot program. 

13 (ii) A plan for measuring the effec14 tiveness of the center established under the 

15 pilot program and the value of open 

16 source, publicly and commercially available 

17 information to the export control and in18 vestment screening missions. 

19 (3) REPORT.— 

20 (A) IN GENERAL.—Not later than 540 

21 days after the date on which the Director sub22 mits the plan under paragraph (2)(A), the Di23 rector shall submit to the appropriate commit24 tees of Congress a report on the findings of the 

25 Director with respect to the pilot program. 


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1 (B) CONTENTS.—The report submitted 

2 under subparagraph (A) shall include the fol3 lowing: 

4 (i) An assessment of the feasibility 

5 and advisability of providing information 

6 as described in subsection (a)(1). 

7 (ii) An assessment of the value of 

8 open source, publicly and commercially 

9 available information to the export control 

10 and investment screening missions, using 

11 the measures of effectiveness under para12 graph (2)(B)(ii). 

13 (iii) Identification of opportunities for 

14 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 REPORT 

18 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 Intelligence 

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 


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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 pur6 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.— 

19 (1) ANNUAL REPORT.—In conjunction with 

20 each briefing provided under section 1019(c) of the 

21 Intelligence Reform and Terrorism Prevention Act 

22 of 2004 (50 U.S.C. 3364(c)), the Director shall sub23 mit to the congressional intelligence committees a 

24 report on the number and themes of compliance inci25 dents reported to intelligence community analytic 


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1 ombudspersons relating to the standards set forth in 

2 Intelligence Community Directive 203 (relating to 

3 analytic standards), or successor directive. 

4 (2) REPORT ON PERFORMANCE EVALUATION.— 

5 Not later than 90 days after the date of the enact6 ment of this Act, the head of analysis at each ele7 ment of the intelligence community that conducts 

8 all-source analysis shall submit to the congressional 

9 intelligence committees a report describing how com10 pliance with the standards set forth in Intelligence 

11 Community Directive 203 (relating to analytic 

12 standards), or successor directive, is considered in 

13 the performance evaluations and consideration for 

14 merit pay, bonuses, promotions, and any other per15 sonnel actions for analysts within the element. 

16 (e) RULE OF CONSTRUCTION.—Nothing in this sec17 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 

22 of this Act. 


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1 SEC. 319. HISTORICAL ADVISORY PANEL OF THE CENTRAL 

2 INTELLIGENCE AGENCY. 

3 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 ‘‘SEC. 29. HISTORICAL ADVISORY PANEL. 

7 ‘‘(a) DEFINITIONS.— In this section, the terms ‘con8 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.— 

16 ‘‘(1) COMPOSITION.— 

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

18 composed of up to 7 members appointed by the 

19 Director from among individuals recognized as 

20 scholarly authorities in history, international re21 lations, or related fields. 

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

23 than 180 days after the date of the enactment 

24 of this section, the Director shall appoint the 

25 initial members of the panel. 


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1 ‘‘(2) CHAIRPERSON.—The Director shall des2 ignate a Chairperson of the panel from among the 

3 members of the panel. 

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

5 Director shall sponsor appropriate security clearances and 

6 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 the 

11 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— 

15 ‘‘(1) topics for research and publication within 

16 the Agency; 

17 ‘‘(2) topics for discretionary declassification re18 views; 

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

20 of records; 

21 ‘‘(4) determinations regarding topics and 

22 records whose continued classification is outweighed 

23 by the public benefit of disclosure; 


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1 ‘‘(5) technological tools to modernize the classi2 fication and declassification processes to improve the 

3 efficiency and effectiveness of those processes; and 

4 ‘‘(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) NONAPPLICABILITY OF 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 ex13 pire 7 years after the date of the enactment of the Intel14 ligence Authorization Act for Fiscal Year 2023, unless re15 authorized by statute.’’. 

16 TITLE IV—INTELLIGENCE MAT17 TERS RELATING TO THE PEO18 PLE’S REPUBLIC OF CHINA 

19 SEC. 401. UPDATE TO ANNUAL REPORTS ON INFLUENCE 

20 OPERATIONS AND CAMPAIGNS IN THE 

21 UNITED STATES BY THE CHINESE COM22 MUNIST PARTY. 

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

24 (50 U.S.C. 3237(b)) is amended— 


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1 (1) by redesignating paragraph (10) as para2 graph (11); and 

3 (2) by inserting after paragraph (9) the fol4 lowing: 

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

6 propaganda activities of the Chinese Communist 

7 Party, including the use of social media and news 

8 outlets in the United States and allied countries for 

9 specific influence campaigns, that includes the fol10 lowing: 

11 ‘‘(A) A description of— 

12 ‘‘(i) the mechanisms by which such 

13 activities are pursued, including a break14 down of the different platforms used and 

15 the frequency of use; 

16 ‘‘(ii) primary actors that— 

17 ‘‘(I) direct such activities; and 

18 ‘‘(II) undertake such activities; 

19 and 

20 ‘‘(iii) how narratives and themes are 

21 developed. 

22 ‘‘(B) A discussion of opportunities to ex23 pose and counter such activities in social media 

24 and news outlets outside of China, including 

25 through— 


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1 ‘‘(i) increasing transparency with re2 spect to— 

3 ‘‘(I) the ownership of print, 

4 video, and digital media; and 

5 ‘‘(II) funders, advertisers, and 

6 contributors of content; 

7 ‘‘(ii) enhancing the United States 

8 Agency for Global Media, especially Radio 

9 Free 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; and 

14 ‘‘(iv) pressing WeChat to end its cen15 sorship, information control, and surveil16 lance of audiences based in the United 

17 States.’’. 

18 SEC. 402. REPORT ON WEALTH AND CORRUPT ACTIVITIES 

19 OF THE LEADERSHIP OF THE CHINESE COM20 MUNIST PARTY. 

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

22 the date of the enactment of this Act, the Director of Na23 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 


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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 

12 COMPANIES WITH INVESTMENTS BY THE 

13 PEOPLE’S REPUBLIC OF CHINA. 

14 Not later than 120 days after the date of the enact15 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 

19 a report on the risk to national security of the use of— 

20 (1) telecommunications companies with sub21 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 


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1 (2) hospitality and conveyance companies with 

2 substantial investment by the People’s Republic of 

3 China by affiliates and personnel of the intelligence 

4 community for travel on behalf of the United States 

5 Government. 

6 SEC. 404. INTELLIGENCE COMMUNITY WORKING GROUP 

7 FOR MONITORING THE ECONOMIC AND 

8 TECHNOLOGICAL CAPABILITIES OF THE PEO9 PLE’S REPUBLIC OF CHINA. 

10 (a) IN GENERAL.—The Director of National Intel11 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) MONITORING AND ANALYSIS.—The working 

18 group shall monitor and analyze— 

19 (1) the economic and technological capabilities 

20 of 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; 


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1 (3) the links of those capabilities to the mili2 tary-industrial complex of the People’s Republic of 

3 China; and 

4 (4) the threats those capabilities pose to the na5 tional and economic security and values of the 

6 United States. 

7 (c) ANNUAL ASSESSMENT.— 

8 (1) IN GENERAL.—Not less frequently than 

9 once each year, the working group shall submit to 

10 the congressional intelligence committees an assess11 ment of the economic and technological strategy, ef12 forts, and progress of the People’s Republic of China 

13 to become the dominant military, technological, and 

14 economic power in the world and undermine the 

15 rules-based world order. 

16 (2) ELEMENTS.—Each assessment required by 

17 paragraph (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, includ23 ing— 

24 (i) efforts to acquire United States 

25 and other foreign technology and recruit 


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1 foreign talent in technology sectors of the 

2 People’s Republic of China, including the 

3 extent to which those efforts relate to the 

4 military-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, in11 cluding China’s investments or potential 

12 investments in foreign countries to create 

13 monopolies in the processing and exporting 

14 of rare earth and other critical materials 

15 necessary for renewable energy, including 

16 cobalt, lithium, and nickel; 

17 (iii) related tools and market access 

18 restrictions or distortions imposed by the 

19 People’s Republic of China on foreign 

20 firms and laws and regulations of the Peo21 ple’s Republic of China that discriminate 

22 against United States and other foreign 

23 firms; and 

24 (iv) efforts of the People’s Republic of 

25 China to attract investment from the 


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1 United States and other foreign investors 

2 to build self-sufficient capabilities and the 

3 type of capital flows from the United 

4 States to China, including information on 

5 documentation of the lifecycle of invest6 ments, from the specific actions taken by 

7 the Government of the People’s Republic of 

8 China to attract the investments to the 

9 outcome 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 to 

13 achieve its goals, disaggregated by economic 

14 sector. 

15 (C) An unclassified assessment of the im16 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 Repub20 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— 


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1 (i) designated by Chinese securities 

2 issuing and trading entities or other 

3 sources as supporting the military-indus4 trial complex of the People’s Republic of 

5 China; 

6 (ii) developing, producing, or export7 ing technologies of strategic importance to 

8 the People’s Republic of China or sup9 porting entities of the People’s Republic of 

10 China that are subject to sanctions im11 posed by the United States; 

12 (iii) supporting the military-civil fu13 sion program of the People’s Republic of 

14 China; or 

15 (iv) otherwise supporting the goals 

16 and efforts of the Chinese Communist 

17 Party and Chinese government entities, in18 cluding the Ministry of State Security, the 

19 Ministry of Public Security, and the Peo20 ple’s Liberation Army. 

21 (E) An unclassified list of the top 100 de22 velopment, infrastructure, or other strategic 

23 projects that the People’s Republic of China is 

24 financing abroad that— 


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1 (i) advance the technology goals and 

2 strategies of the Chinese Communist 

3 Party; or 

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 

8 businesses, research institutions, or other enti9 ties of the People’s Republic of China that are 

10 developing surveillance, smart cities, or related 

11 technologies that are— 

12 (i) exported to other countries, under13 mining democracy worldwide; or 

14 (ii) provided to the security services of 

15 the People’s Republic of China, enabling 

16 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 Re20 public of China that are— 

21 (i) operating in the genocide zone in 

22 Xinjiang; or 

23 (ii) supporting the Xinjiang Public 

24 Security Bureau, the Xinjiang Bureau of 

25 the Ministry of State Security, the People’s 


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1 Armed Police, or the Xinjiang Production 

2 and Construction Corps. 

3 (H) A list of investment funds, public com4 panies, or private or early-stage firms of the 

5 People’s Republic of China that have received 

6 more than $100,000,000 in capital flows from 

7 the United States during the 10-year period 

8 preceding the date on which the assessment is 

9 submitted. 

10 (3) PREPARATION OF ASSESSMENTS.—In pre11 paring each assessment required by paragraph (1), 

12 the working group shall use open source documents 

13 in Chinese language and commercial databases. 

14 (4) FORMAT.—An assessment required by para15 graph (1) may be submitted in the format of a Na16 tional Intelligence Estimate. 

17 (5) FORM.—Each assessment required by para18 graph (1) shall be submitted in unclassified form, 

19 but may include a classified annex. 

20 (6) PUBLICATION.—The unclassified portion of 

21 each assessment required by paragraph (1) shall be 

22 published on the publicly accessible website of the 

23 Director of National Intelligence. 

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

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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, indus12 try, and entity; and 

13 (2) the technological or supply chain 

14 chokepoints of the People’s Republic of China that 

15 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 REEDUCA20 TION CAMPS IN THE XINJIANG UYGHUR AU21 TONOMOUS REGION OF THE PEOPLE’S RE22 PUBLIC OF CHINA. 

23 (a) DEFINITION OF COVERED CAMP.—In this sec24 tion, the term ‘‘covered camp’’ means a detention camp, 

25 prison, forced labor camp, or forced labor factory located 


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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, and 

7 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 geo15 graphic location of covered camps and an estimate 

16 of the number of victims detained in covered camps. 

17 (2) A description of— 

18 (A) the types of personnel and equipment 

19 in covered camps; 

20 (B) the funding received by covered camps 

21 from the Government of the People’s Republic 

22 of China; and 

23 (C) the role of the security services of the 

24 People’s Republic of China and the Xinjiang 


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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 

5 and 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; and 

11 (C) other Chinese businesses, including in 

12 the artificial intelligence, biotechnology, and 

13 surveillance technology sectors, that are in14 volved with the atrocities in Xinjiang or sup15 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 

23 of National Intelligence. 


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1 SEC. 406. ASSESSMENTS OF PRODUCTION OF SEMICONDUC2 TORS 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 under 

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 semi14 conductors for globally competitive Chinese firms, 

15 including those firms competing in the fields of arti16 ficial intelligence, cloud computing, autonomous ve17 hicles, next-generation and renewable energy, and 

18 high-performance computing. 

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

20 procurement of semiconductor manufacturing equip21 ment necessary for the production of microelec22 tronics below the 20 nanometer process node, includ23 ing any identified export diversion to evade export 

24 controls. 

25 (3) A comprehensive summary of unilateral and 

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1 ductor manufacturers have been subject to in the 

2 year preceding the date on which the assessment is 

3 submitted, as well as a description of the status of 

4 export licenses issued by any export control author5 ity during that time period. 

6 (4) Any observed stockpiling efforts by Chinese 

7 firms with respect to semiconductor manufacturing 

8 equipment, substrate materials, silicon wafers, or 

9 other necessary inputs for semiconductor production. 

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

11 different Chinese semiconductor manufacturers at 

12 different process nodes and the estimated increase 

13 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 targeting 

17 semiconductor manufacturing engineers and man18 agers from non-Chinese firms. 

19 (7) An analysis of the capability of the work20 force of the People’s Republic of China to design, 

21 produce, and manufacture microelectronics below the 

22 20 nanometer process node and relevant equipment. 

23 (c) FORM OF ASSESSMENTS.—Each assessment sub24 mitted under subsection (a) shall be submitted in unclassi25 fied form and include a classified annex. 


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1 TITLE V—PERSONNEL AND SE2 CURITY CLEARANCE MAT3 TERS 

4 SEC. 501. IMPROVING ONBOARDING OF PERSONNEL IN IN5 TELLIGENCE COMMUNITY. 

6 (a) METHODOLOGY.—The Director of National Intel7 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. 

12 (b) REPORT.— 

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

14 the date of the enactment of this Act, the Director 

15 shall submit to the congressional intelligence com16 mittees a report on the time it takes to onboard per17 sonnel in the intelligence community. 

18 (2) ELEMENTS.—The report submitted under 

19 paragraph (1) shall cover the mean and median time 

20 it takes to onboard personnel in the intelligence com21 munity, disaggregated by mode of onboarding and 

22 element of the intelligence community. 

23 (c) PLAN.— 

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

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1 rector shall submit to the congressional intelligence 

2 committees a plan to reduce the time it takes to on3 board personnel in the intelligence community, for 

4 elements of the intelligence community that have 

5 median onboarding times that exceed 180 days. 

6 (2) ELEMENTS.—The plan submitted under 

7 paragraph (1) shall include milestones to achieve 

8 certain specific goals with respect to the mean, me9 dian, and mode time it takes to onboard personnel 

10 in the elements of the intelligence community de11 scribed in such paragraph, disaggregated by element 

12 of the intelligence community. 

13 SEC. 502. IMPROVING ONBOARDING AT THE CENTRAL IN14 TELLIGENCE AGENCY. 

15 (a) DEFINITION OF ONBOARD PERIOD.—In this sec16 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 Intel22 ligence Agency shall take such actions as the Director con23 siders appropriate and necessary to ensure that, by De24 cember 31, 2023, the median duration of the onboard peVerDate Sep 11 2014 23:52 Jul 12, 2022 Jkt 029200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S4503.RS S4503

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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 

4 IMPLEMENT TRUSTED WORKFORCE 2.0 INI5 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 sub20 section (a) shall include the following: 

21 (1) Specification of the statutes that require 

22 amendment in order to implement the initiative de23 scribed in subsection (a). 


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1 (2) For each statute specified under paragraph 

2 (1), an indication of the priority for enactment of an 

3 amendment. 

4 (3) For each statute specified under paragraph 

5 (1), a description of the consequences if the statute 

6 is not amended. 

7 SEC. 504. COMPTROLLER GENERAL OF THE UNITED 

8 STATES ASSESSMENT OF ADMINISTRATION 

9 OF POLYGRAPHS IN INTELLIGENCE COMMU10 NITY. 

11 (a) ASSESSMENT REQUIRED.—The Comptroller Gen12 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 under 

17 subsection (a) shall include the following: 

18 (1) Identification of the number of polygraphers 

19 currently available at each element of the intel20 ligence community to meet the demand described in 

21 subsection (a). 

22 (2) If the demand described in subsection (a) 

23 cannot be met, an identification of the number of 

24 polygraphers that would need to be hired and cer25 tified to meet it. 


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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 POLY14 GRAPHS. 

15 (a) STANDARDS REQUIRED.— 

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

17 after the date of the enactment of this Act, the Di18 rector of National Intelligence shall, in the Direc19 tor’s capacity as the Security Executive Agent pur20 suant to section 803(a) of the National Security Act 

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

22 timeliness for Federal agencies to administer poly23 graphs conducted for the purpose of— 

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1 fined in the procedures established pursuant to 

2 section 801(a) of the National Security Act of 

3 1947 (50 U.S.C. 3161(a))); and 

4 (B) granting reciprocity pursuant to Secu5 rity Executive Agent Directive 2, or successor 

6 directive. 

7 (2) PUBLICATION.—The Director shall publish 

8 the standards issued under paragraph (1) in the 

9 Federal 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 enact22 ment of this Act, the Director of National Intelligence 

23 shall, in the Director’s capacity as the Security Executive 

24 Agent pursuant to section 803(a) of the National Security 

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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 

8 ACCESS TO CLASSIFIED INFORMATION SOLE9 LY BECAUSE OF PREEMPLOYMENT USE OF 

10 CANNABIS. 

11 (a) DEFINITIONS.—In this section: 

12 (1) AGENCY.—The term ‘‘agency’’ applies only 

13 to an element of the intelligence community. 

14 (2) ELIGIBILITY FOR ACCESS TO CLASSIFIED

15 INFORMATION.—The term ‘‘eligibility for access to 

16 classified information’’ has the meaning given such 

17 term in the procedures established pursuant to sec18 tion 801(a) of the National Security Act of 1947 (50 

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

20 (b) PROHIBITION.—Notwithstanding any other provi21 sion of law, the head of an agency may not make a deter22 mination to deny an individual’s eligibility for access to 

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


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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 DETER10 MINATIONS. 

11 Subparagraph (C) of section 3001(j)(4) of the Intel12 ligence Reform and Terrorism Prevention Act of 2004 (50 

13 U.S.C. 3341(j)(4)) is amended to read as follows: 

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 shall 

19 find that paragraph (1) was violated if the 

20 individual has demonstrated that a disclo21 sure described in paragraph (1) was a con22 tributing factor in the adverse security 

23 clearance or access determination taken 

24 against the individual. 

25 ‘‘(ii) CIRCUMSTANTIAL EVIDENCE.— 

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1 onstrate that the disclosure was a contrib2 uting factor in the adverse security clear3 ance or access determination taken against 

4 the individual through circumstantial evi5 dence, such as evidence that— 

6 ‘‘(I) the official making the de7 termination knew of the disclosure; 

8 and 

9 ‘‘(II) the determination occurred 

10 within a period such that a reasonable 

11 person could conclude that the disclo12 sure was a contributing factor in the 

13 determination. 

14 ‘‘(iii) DEFENSE.—In determining 

15 whether the adverse security clearance or 

16 access determination violated paragraph 

17 (1), the agency shall not find that para18 graph (1) was violated if, after a finding 

19 that a disclosure was a contributing factor, 

20 the agency demonstrates by clear and con21 vincing evidence that it would have made 

22 the same security clearance or access de23 termination in the absence of such disclo24 sure.’’. 


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1 SEC. 510. ELIMINATION OF CAP ON COMPENSATORY DAM2 AGES FOR RETALIATORY REVOCATION OF SE3 CURITY CLEARANCES AND ACCESS DETER4 MINATIONS. 

5 Section 3001(j)(4)(B) of the Intelligence Reform and 

6 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 

12 COMPARTMENTED INFORMATION FACILI13 TIES. 

14 Not later than 180 days after the date of the enact15 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 De20 fense policy. 


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1 TITLE VI—INSPECTOR GENERAL 

2 OF THE INTELLIGENCE COM3 MUNITY 

4 SEC. 601. SUBMITTAL OF COMPLAINTS AND INFORMATION 

5 BY 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 (5 

11 U.S.C. App.) is amended— 

12 (A) by redesignating subsection (h) as sub13 section (i); and 

14 (B) by inserting after subsection (g) the 

15 following: 

16 ‘‘(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 em23 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, 


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1 so that such employee can obtain direction on how to re2 port to Congress in accordance with appropriate security 

3 practices.’’. 

4 (2) PROCEDURES.—Subsection (d) of such sec5 tion is amended— 

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

7 other committee of jurisdiction of the Senate or 

8 the House of Representatives’’ after ‘‘either or 

9 both of the intelligence committees’’; 

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 com14 mittee or another committee of jurisdiction directly 

15 as described in paragraph (1) of this subsection or 

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

17 ‘‘(i) before making such a contact, fur18 nishes to the head of the establishment, 

19 through the Inspector General (or designee), a 

20 statement of the employee’s complaint or infor21 mation and notice of the employee’s intent to 

22 contact an intelligence committee or another 

23 committee of jurisdiction of the Senate or the 

24 House of Representatives directly; and 


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1 ‘‘(ii)(I) obtains and follows from the head 

2 of the establishment, through the Inspector 

3 General (or designee), procedural direction on 

4 how to contact an intelligence committee or an5 other committee of jurisdiction of the Senate or 

6 the House of Representatives in accordance 

7 with appropriate security practices; or 

8 ‘‘(II) obtains and follows such procedural 

9 direction from the applicable security officer ap10 pointed under subsection (h). 

11 ‘‘(B) If an employee seeks procedural di12 rection under subparagraph (A)(ii) and does 

13 not receive such procedural direction within 30 

14 days, or receives insufficient direction to report 

15 to Congress a complaint or information, the em16 ployee may contact an intelligence committee or 

17 any other committee of jurisdiction of the Sen18 ate or the House of Representatives directly 

19 without obtaining or following the procedural 

20 direction otherwise required under such sub21 paragraph.’’; and 

22 (C) by redesignating paragraph (3) as 

23 paragraph (4); and 

24 (D) by inserting after paragraph (2) the 

25 following: 


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1 ‘‘(3) An employee of an element of the intel2 ligence community who intends to report to Con3 gress a complaint or information may report such 

4 complaint or information to the Chairman and Vice 

5 Chairman or Ranking Member, as the case may be, 

6 of an intelligence committee or another committee of 

7 jurisdiction of the Senate or the House of Rep8 resentatives, a nonpartisan member of the committee 

9 staff designated for purposes of receiving complaints 

10 or information under this section, or a member of 

11 the majority staff and a member of the minority 

12 staff of the committee.’’. 

13 (3) CLARIFICATION OF RIGHT TO REPORT DI14 RECTLY TO CONGRESS.—Subsection (a) of such sec15 tion is amended by adding at the end the following: 

16 ‘‘(4) Subject to paragraphs (2) and (3) of sub17 section (d), an employee of an element of the intel18 ligence community who intends to report to Con19 gress a complaint or information may report such 

20 complaint or information directly to Congress, re21 gardless of whether the complaint or information is 

22 with respect to an urgent concern— 

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

24 information under paragraph (1); or 


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1 ‘‘(B) in addition to reporting such com2 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 

7 1947 (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 sec14 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 

17 other committee of jurisdiction of the Senate or 

18 the House of Representatives’’ after ‘‘either or 

19 both of the congressional intelligence commit20 tees’’; 

21 (B) by amending clause (ii) to read as fol22 lows: 

23 ‘‘(ii)(I) Except as provided in sub24 clause (II), an employee may contact a 

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1 other committee of jurisdiction directly as 

2 described in clause (i) only if the em3 ployee— 

4 ‘‘(aa) before making such a con5 tact, furnishes to the Director, 

6 through the Inspector General, a 

7 statement of the employee’s complaint 

8 or information and notice of the em9 ployee’s intent to contact a congres10 sional intelligence committee or an11 other committee of jurisdiction of the 

12 Senate or the House of Representa13 tives directly; and 

14 ‘‘(bb)(AA) obtains and follows 

15 from the Director, through the In16 spector General, procedural direction 

17 on how to contact a congressional in18 telligence committee or another com19 mittee of jurisdiction of the Senate or 

20 the House of Representatives in ac21 cordance with appropriate security 

22 practices; or 

23 ‘‘(BB) obtains and follows such 

24 procedural direction from the applica25 ble security officer appointed under 


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1 section 8H(h) of the Inspector Gen2 eral Act of 1978 (5 U.S.C. App.). 

3 ‘‘(II) If an employee seeks proce4 dural direction under subclause 

5 (I)(bb) and does not receive such pro6 cedural direction within 30 days, or 

7 receives insufficient direction to report 

8 to Congress a complaint or informa9 tion, the employee may contact a con10 gressional intelligence committee or 

11 any other committee of jurisdiction of 

12 the Senate or the House of Represent13 atives directly without obtaining or 

14 following the procedural direction oth15 erwise required under such sub16 clause.’’; 

17 (C) by redesignating clause (iii) as clause 

18 (iv); and 

19 (D) by inserting after clause (ii) the fol20 lowing: 

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

22 the intelligence community who intends to 

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1 man or Ranking Member, as the case may 

2 be, of a congressional intelligence com3 mittee or another committee of jurisdiction 

4 of the Senate or the House of Representa5 tives, a nonpartisan member of the com6 mittee staff designated for purposes of re7 ceiving complaints or information under 

8 this section, or a member of the majority 

9 staff and a member of the minority staff of 

10 the committee.’’. 

11 (3) CLARIFICATION OF RIGHT TO REPORT DI12 RECTLY TO CONGRESS.—Subparagraph (A) of such 

13 section is amended— 

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

15 of’’; and 

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 ele19 ment of the intelligence community who in20 tends to report to Congress a complaint or 

21 information may report such complaint or 

22 information directly to Congress, regard23 less of whether the complaint or informa24 tion is with respect to an urgent concern— 


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1 ‘‘(I) in lieu of reporting such 

2 complaint or information under clause 

3 (i); or 

4 ‘‘(II) in addition to reporting 

5 such complaint or information under 

6 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 In15 spector General security officers as re16 quired by subsection (h) of section 8H 

17 of the Inspector General Act of 1978 

18 (5 U.S.C. App.).’’. 

19 (2) PROCEDURES.—Subparagraph (D) of such 

20 section is amended— 

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

22 other committee of jurisdiction of the Senate or 

23 the House of Representatives’’ after ‘‘either or 

24 both of the intelligence committees’’; 


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1 (B) by amending clause (ii) to read as fol2 lows: 

3 ‘‘(ii)(I) Except as provided in sub4 clause (II), an employee may contact an 

5 intelligence committee or another com6 mittee of jurisdiction directly as described 

7 in clause (i) only if the employee— 

8 ‘‘(aa) before making such a con9 tact, furnishes to the Director, 

10 through the Inspector General, a 

11 statement of the employee’s complaint 

12 or information and notice of the em13 ployee’s intent to contact an intel14 ligence committee or another com15 mittee of jurisdiction of the Senate or 

16 the House of Representatives directly; 

17 and 

18 ‘‘(bb)(AA) obtains and follows 

19 from the Director, through the In20 spector General, procedural direction 

21 on how to contact an intelligence com22 mittee or another committee of juris23 diction of the Senate or the House of 

24 Representatives in accordance with 

25 appropriate security practices; or 


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1 ‘‘(BB) obtains and follows such 

2 procedural direction from the applica3 ble security officer appointed under 

4 section 8H(h) of the Inspector Gen5 eral Act of 1978 (5 U.S.C. App.). 

6 ‘‘(II) If an employee seeks proce7 dural direction under subclause 

8 (I)(bb) and does not receive such pro9 cedural direction within 30 days, or 

10 receives insufficient direction to report 

11 to Congress a complaint or informa12 tion, the employee may contact an in13 telligence committee or another com14 mittee of jurisdiction of the Senate or 

15 the House of Representatives directly 

16 without obtaining or following the 

17 procedural direction otherwise re18 quired under such subclause.’’; 

19 (C) by redesignating clause (iii) as clause 

20 (iv); and 

21 (D) by inserting after clause (ii) the fol22 lowing: 

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

24 intends to report to Congress a complaint 

25 or information may report such complaint 


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1 or information to the Chairman and Vice 

2 Chairman or Ranking Member, as the case 

3 may be, of an intelligence committee or an4 other committee of jurisdiction of the Sen5 ate or the House of Representatives, a 

6 nonpartisan member of the committee staff 

7 designated for purposes of receiving com8 plaints or information under this section, 

9 or a member of the majority staff and a 

10 member of the minority staff of the com11 mittee.’’. 

12 (3) CLARIFICATION OF RIGHT TO REPORT DI13 RECTLY TO CONGRESS.—Subparagraph (A) of such 

14 section is amended— 

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

16 of’’; and 

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

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

19 subparagraph (D), an employee of the 

20 Agency who intends to report to Congress 

21 a complaint or information may report 

22 such complaint or information directly to 

23 Congress, regardless of whether the com24 plaint or information is with respect to an 

25 urgent concern— 


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1 ‘‘(I) in lieu of reporting such 

2 complaint or information under clause 

3 (i); or 

4 ‘‘(II) in addition to reporting 

5 such complaint or information under 

6 clause (i).’’. 

7 (d) RULE OF CONSTRUCTION.—Nothing in this sec8 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 PROTEC12 TIONS FOR CONTRACTOR EMPLOYEES IN IN13 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,’’. 

19 SEC. 603. PROHIBITION AGAINST DISCLOSURE OF WHIS20 TLEBLOWER IDENTITY AS REPRISAL 

21 AGAINST WHISTLEBLOWER DISCLOSURE BY 

22 EMPLOYEES AND CONTRACTORS IN INTEL23 LIGENCE COMMUNITY. 

24 (a) IN GENERAL.—Section 1104 of the National Se25 curity Act of 1947 (50 U.S.C. 3234) is amended— 


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1 (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); and 

6 (C) by inserting after subparagraph (I) the 

7 following: 

8 ‘‘(J) a knowing and willful disclosure re9 vealing the identity or other personally identifi10 able information of an employee or contractor 

11 employee; or’’; 

12 (2) by redesignating subsections (f) and (g) as 

13 subsections (g) and (h), respectively; and 

14 (3) by inserting after subsection (e) the fol15 lowing: 

16 ‘‘(f) PERSONNEL ACTIONS INVOLVING DISCLOSURES

17 OF WHISTLEBLOWER IDENTITY.—A personnel action de18 scribed in subsection (a)(3)(J) shall not be considered in 

19 violation of subsection (b) or (c) under the following cir20 cumstances: 

21 ‘‘(1) The personnel action was taken with the 

22 express consent of the employee or contractor em23 ployee. 


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1 ‘‘(2) An Inspector General with oversight re2 sponsibility for a covered intelligence community ele3 ment determines that— 

4 ‘‘(A) the personnel action was unavoidable 

5 under section 103H(g)(3)(A) of this Act (50 

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

7 the Central Intelligence Agency Act of 1949 (50 

8 U.S.C. 3517(e)(3)(A)), section 7(b) of the In9 spector General Act of 1978 (5 U.S.C. App.), 

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

11 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 should 

15 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 

21 by adding at the end the following: 

22 ‘‘(5) EMPLOYEE.—The term ‘employee’, with 

23 respect to an agency or a covered intelligence com24 munity element, includes an individual who has been 


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1 detailed to such agency or covered intelligence com2 munity element.’’. 

3 (c) PRIVATE RIGHT OF ACTION FOR UNLAWFUL DIS4 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: 

7 ‘‘(g) ENFORCEMENT.— 

8 ‘‘(1) IN GENERAL.—Except as otherwise pro9 vided in this subsection, the President shall provide 

10 for the enforcement of this section. 

11 ‘‘(2) HARMONIZATION WITH OTHER ENFORCE12 MENT.—To the fullest extent possible, the President 

13 shall provide for enforcement of this section in a 

14 manner that is consistent with the enforcement of 

15 section 2302(b)(8) of title 5, United States Code, es16 pecially with respect to policies and procedures used 

17 to adjudicate alleged violations of such section. 

18 ‘‘(3) PRIVATE RIGHT OF ACTION FOR DISCLO19 SURES OF WHISTLEBLOWER IDENTITY IN VIOLATION

20 OF PROHIBITION AGAINST REPRISALS.—Subject to 

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

22 agency takes a personnel action described in sub23 section (a)(3)(J) against an employee of a covered 

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1 ployee or contractor employee takes a personnel ac2 tion described in subsection (a)(3)(J) against an3 other contractor employee as a reprisal in violation 

4 of subsection (c), the employee or contractor em5 ployee against whom the personnel action was taken 

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

7 States Code, bring a private action for all appro8 priate remedies, including injunctive relief and com9 pensatory and punitive damages, in an amount not 

10 to exceed $250,000, against the agency of the em11 ployee or contracting agency of the contractor em12 ployee who took the personnel action, in a Federal 

13 district court of competent jurisdiction. 

14 ‘‘(4) REQUIREMENTS.— 

15 ‘‘(A) REVIEW BY INSPECTOR GENERAL

16 AND BY EXTERNAL REVIEW PANEL.—Before 

17 the employee or contractor employee may bring 

18 a private action under paragraph (3), the em19 ployee or contractor employee shall exhaust ad20 ministrative remedies by— 

21 ‘‘(i) first, obtaining a disposition of 

22 their claim by requesting review of the ap23 propriate inspector general; and 

24 ‘‘(ii) second, if the review under clause 

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1 mitting to the Inspector General of the In2 telligence Community a request for a re3 view of the claim by an external review 

4 panel under section 1106. 

5 ‘‘(B) PERIOD TO BRING ACTION.—The em6 ployee or contractor employee may bring a pri7 vate right of action under paragraph (3) during 

8 the 180-day period beginning on the date on 

9 which the employee or contractor employee is 

10 notified of the final disposition of their claim 

11 under section 1106.’’. 

12 SEC. 604. DEFINITIONS REGARDING WHISTLEBLOWER COM13 PLAINTS AND INFORMATION OF URGENT 

14 CONCERN RECEIVED BY INSPECTORS GEN15 ERAL OF THE INTELLIGENCE COMMUNITY. 

16 (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 

23 security; and 


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1 ‘‘(bb) not a difference of 

2 opinion 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 (5 

6 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 secu10 rity; and 

11 ‘‘(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 na21 tional security; and 

22 ‘‘(BB) not a difference 

23 of opinion concerning public 

24 policy matters.’’. 


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1 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: 

8 ‘‘(4) TERM.— 

9 ‘‘(A) COMMENCEMENT.—Each member of 

10 the Board shall serve a term of 6 years, com11 mencing on the date of the appointment of the 

12 member 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 origi17 nal appointment was made. 

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

19 the term of office of a member, the member 

20 may continue to serve, at the election of the 

21 member— 

22 ‘‘(i) during the period preceding the 

23 reappointment of the member pursuant to 

24 subparagraph (B); or 


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1 ‘‘(ii) until the member’s successor has 

2 been appointed and qualified.’’. 

3 SEC. 702. REPORT BY PUBLIC INTEREST DECLASSIFICA4 TION BOARD. 

5 (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 effective12 ness of the Information Security Oversight Office 

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

14 (A) The placement of the office as a com15 ponent of the National Archives and Records 

16 Administration or other options. 

17 (B) The amount of resources required by 

18 the office to perform its missions. 

19 (C) The advisability of authorizing the of20 fice in statute. 

21 (2) Recommendations for improving Executive 

22 Order 13526 (50 U.S.C. 3161 note; relating to clas23 sified national security information). 

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

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1 ital Age: Modernization of the U.S. National Secu2 rity Classification and Declassification System’’, in3 cluding the recommendation to designate the Direc4 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 

10 TO ADDRESS UNIDENTIFIED AEROSPACE-UN11 DERSEA PHENOMENA. 

12 (a) IN GENERAL.—Section 1683 of the National De13 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 AERO16 SPACE-UNDERSEA PHENOMENA JOINT PRO17 GRAM OFFICE. 

18 ‘‘(a) ESTABLISHMENT OF OFFICE.— 

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

20 after the date of the enactment of the Intelligence 

21 Authorization Act for Fiscal Year 2023, the Sec22 retary of Defense, in coordination with the Director 

23 of National Intelligence, shall establish an office 

24 within a component of the Office of the Secretary of 

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1 partment of Defense and the Office of the Director 

2 of National Intelligence, to carry out the duties of 

3 the Unidentified Aerial Phenomena Task Force, as 

4 in effect on December 26, 2021, and such other du5 ties as are required by this section, including those 

6 pertaining to— 

7 ‘‘(A) transmedium objects or devices and 

8 unidentified aerospace-undersea phenomena; 

9 ‘‘(B) space, atmospheric, and water do10 mains; and 

11 ‘‘(C) currently unknown technology and 

12 other domains. 

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

14 under paragraph (1) shall be known as the ‘Uniden15 tified Aerospace-Undersea Phenomena Joint Pro16 gram Office’ (in this section referred to as the ‘Of17 fice’). 

18 ‘‘(b) DIRECTOR AND DEPUTY DIRECTOR OF THE OF19 FICE.— 

20 ‘‘(1) APPOINTMENT OF DIRECTOR.—The head 

21 of the Office shall be the Director of the Unidenti22 fied Aerospace-Undersea Phenomena Joint Program 

23 Office (in this section referred to as the ‘Director of 

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

25 of Defense. 


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1 ‘‘(2) APPOINTMENT OF DEPUTY DIRECTOR.— 

2 There shall be in the Office a Deputy Director of the 

3 Unidentified Aerospace-Undersea Phenomena Joint 

4 Program Office (in this section referred to as the 

5 ‘Deputy Director of the Office’), who shall be ap6 pointed by the Director of National Intelligence. 

7 ‘‘(3) REPORTING.—(A) The Director of the Of8 fice shall report to the Secretary of Defense. 

9 ‘‘(B) The Deputy Director of the Office shall 

10 report— 

11 ‘‘(i) to the Secretary of Defense and the 

12 Director of National Intelligence on all adminis13 trative matters of the Office; and 

14 ‘‘(ii) to the Secretary of Defense on all 

15 operational matters of the Office. 

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

17 the following: 

18 ‘‘(1) Developing procedures to synchronize and 

19 standardize the collection, reporting, and analysis of 

20 incidents, including adverse physiological effects, re21 garding unidentified aerospace-undersea phenomena 

22 across the Department of Defense and the intel23 ligence community, in consultation with the Director 

24 of National Intelligence, and submitting a report on 

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1 mittees, the congressional intelligence committees, 

2 and congressional leadership. 

3 ‘‘(2) Developing processes and procedures to 

4 ensure that such incidents from each component of 

5 the Department and each element of the intelligence 

6 community are reported and incorporated in a cen7 tralized repository. 

8 ‘‘(3) Establishing procedures to require the 

9 timely and consistent reporting of such incidents. 

10 ‘‘(4) Evaluating links between unidentified 

11 aerospace-undersea phenomena and adversarial for12 eign governments, other foreign governments, or 

13 nonstate actors. 

14 ‘‘(5) Evaluating the threat that such incidents 

15 present to the United States. 

16 ‘‘(6) Coordinating with other departments and 

17 agencies of the Federal Government, as appropriate, 

18 including the Federal Aviation Administration, the 

19 National Aeronautics and Space Administration, the 

20 Department of Homeland Security, the National 

21 Oceanic and Atmospheric Administration, the Na22 tional 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 


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1 the nature and extent of unidentified aerospace-un2 dersea phenomena. 

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

4 classified and unclassified form, including under 

5 subsection (j). 

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

7 intelligence community receive all reports received by 

8 the Office regarding a temporary nonattributed ob9 ject or an object that is positively identified as man10 made, including by creating a procedure to ensure 

11 that the Office refers such reports to an appropriate 

12 element of the intelligence community for distribu13 tion among other relevant elements of the intel14 ligence community, in addition to the reports in the 

15 repository described in paragraph (2). 

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

17 UNIDENTIFIED AEROSPACE-UNDERSEA PHENOMENA.— 

18 ‘‘(1) DESIGNATION.—The Secretary, in coordi19 nation with the Director of National Intelligence, 

20 shall designate one or more line organizations within 

21 the Department of Defense and the intelligence com22 munity that possess appropriate expertise, authori23 ties, accesses, data, systems, platforms, and capabili24 ties to rapidly respond to, and conduct field inves25 tigations of, incidents involving unidentified aeroVerDate Sep 11 2014 23:52 Jul 12, 2022 Jkt 029200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\S4503.RS S4503

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1 space-undersea phenomena under the direction of 

2 the Director of the Office. 

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

4 coordination with the Director of National Intel5 ligence, shall ensure that each line organization des6 ignated under paragraph (1) has adequate personnel 

7 with the requisite expertise, equipment, transpor8 tation, and other resources necessary to respond 

9 rapidly to incidents or patterns of observations in10 volving unidentified aerospace-undersea phenomena 

11 of which the Office becomes aware. 

12 ‘‘(e) SCIENTIFIC, TECHNOLOGICAL, AND OPER13 ATIONAL ANALYSES OF DATA ON UNIDENTIFIED AERO14 SPACE-UNDERSEA PHENOMENA.— 

15 ‘‘(1) DESIGNATION.—The Secretary, in coordi16 nation with the Director of National Intelligence, 

17 shall designate one or more line organizations that 

18 will be primarily responsible for scientific, technical, 

19 and operational analysis of data gathered by field in20 vestigations conducted pursuant to subsection (d) 

21 and data from other sources, including with respect 

22 to the testing of materials, medical studies, and de23 velopment of theoretical models, to better under24 stand and explain unidentified aerospace-undersea 

25 phenomena. 


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1 ‘‘(2) AUTHORITY.—The Secretary and the Di2 rector of National Intelligence shall each issue such 

3 directives as are necessary to ensure that each line 

4 organization designated under paragraph (1) has au5 thority to draw on the special expertise of persons 

6 outside the Federal Government with appropriate se7 curity clearances. 

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

9 ‘‘(1) AVAILABILITY OF DATA AND REPORTING

10 ON UNIDENTIFIED AEROSPACE-UNDERSEA PHE11 NOMENA.—The Director of National Intelligence and 

12 the Secretary shall each, in coordination with one 

13 another, ensure that— 

14 ‘‘(A) each element of the intelligence com15 munity with data relating to unidentified aero16 space-undersea phenomena makes such data 

17 available immediately to the Office; and 

18 ‘‘(B) military and civilian personnel of the 

19 Department of Defense or an element of the in20 telligence community, and contractor personnel 

21 of the Department or such an element, have ac22 cess to procedures by which the personnel shall 

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1 ated with unidentified aerospace-undersea phe2 nomena directly to the Office. 

3 ‘‘(2) INTELLIGENCE COLLECTION AND ANAL4 YSIS PLAN.—The Director of the Office, acting on 

5 behalf of the Secretary of Defense and the Director 

6 of National Intelligence, shall supervise the develop7 ment and execution of an intelligence collection and 

8 analysis plan to gain as much knowledge as possible 

9 regarding the technical and operational characteris10 tics, origins, and intentions of unidentified aero11 space-undersea phenomena, including with respect to 

12 the development, acquisition, deployment, and oper13 ation of technical collection capabilities necessary to 

14 detect, identify, and scientifically characterize un15 identified aerospace-undersea phenomena. 

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

17 In developing the plan under paragraph (2), the Di18 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 

21 of the Department and the intelligence community. 

22 ‘‘(4) DIRECTOR OF THE NATIONAL

23 GEOSPATIAL-INTELLIGENCE AGENCY.— 

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

25 National Geospatial-Intelligence Agency shall 


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1 lead the collection efforts of the intelligence 

2 community with respect to unidentified aero3 space-undersea phenomena geospatial intel4 ligence. 

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

6 after the date of the enactment of the Intel7 ligence Authorization Act for Fiscal Year 2023 

8 and not less frequently than once every 90 days 

9 thereafter, the Director shall brief the congres10 sional defense committees, the congressional in11 telligence committees, and congressional leader12 ship on the activities of the Director under this 

13 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, scientific 

18 theories to— 

19 ‘‘(1) account for characteristics and perform20 ance of unidentified aerospace-undersea phenomena 

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

22 technology, including in the areas of propulsion, aer23 odynamic control, signatures, structures, materials, 

24 sensors, countermeasures, weapons, electronics, and 

25 power generation; and 


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1 ‘‘(2) provide the foundation for potential future 

2 investments to replicate or otherwise better under3 stand any such advanced characteristics and per4 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 with 

18 all relevant and appropriate security clearances from the 

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. 


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1 ‘‘(7) The Defense Intelligence Agency. 

2 ‘‘(8) The National Geospatial-Intelligence Agen3 cy. 

4 ‘‘(j) ANNUAL REPORTS.— 

5 ‘‘(1) REPORTS FROM DIRECTOR OF NATIONAL

6 INTELLIGENCE.— 

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

8 days after the date of the enactment of the In9 telligence Authorization Act for Fiscal Year 

10 2023, and annually thereafter for 4 years, the 

11 Director of National Intelligence, in consulta12 tion with the Secretary, shall submit to the ap13 propriate congressional committees a report on 

14 unidentified aerospace-undersea phenomena. 

15 ‘‘(B) ELEMENTS.—Each report under sub16 paragraph (A) shall include, with respect to the 

17 year covered by the report, the following infor18 mation: 

19 ‘‘(i) All reported unidentified aero20 space-undersea phenomena-related events 

21 that occurred during the one-year period. 

22 ‘‘(ii) All reported unidentified aero23 space-undersea phenomena-related events 

24 that occurred during a period other than 


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1 that one-year period but were not included 

2 in an earlier report. 

3 ‘‘(iii) An analysis of data and intel4 ligence received through each reported un5 identified aerospace-undersea phenomena6 related event. 

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

8 unidentified aerospace-undersea phe9 nomena collected through— 

10 ‘‘(I) geospatial intelligence; 

11 ‘‘(II) signals intelligence; 

12 ‘‘(III) human intelligence; and 

13 ‘‘(IV) measurement and signa14 ture intelligence. 

15 ‘‘(v) The number of reported incidents 

16 of unidentified aerospace-undersea phe17 nomena over restricted airspace of the 

18 United States during the one-year period. 

19 ‘‘(vi) An analysis of such incidents 

20 identified under clause (v). 

21 ‘‘(vii) Identification of potential aero22 space or other threats posed by unidenti23 fied aerospace-undersea phenomena to the 

24 national security of the United States. 


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1 ‘‘(viii) An assessment of any activity 

2 regarding unidentified aerospace-undersea 

3 phenomena that can be attributed to one 

4 or more adversarial foreign governments. 

5 ‘‘(ix) Identification of any incidents or 

6 patterns regarding unidentified aerospace7 undersea phenomena that indicate a poten8 tial adversarial foreign government may 

9 have 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 ad14 dress unidentified aerospace-undersea phe15 nomena. 

16 ‘‘(xi) An update on any efforts under17 way on the ability to capture or exploit dis18 covered unidentified aerospace-undersea 

19 phenomena. 

20 ‘‘(xii) An assessment of any health re21 lated effects for individuals that have en22 countered unidentified aerospace-undersea 

23 phenomena. 

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1 tified aerospace-undersea phenomena asso2 ciated with military nuclear assets, includ3 ing strategic nuclear weapons and nuclear4 powered ships and submarines. 

5 ‘‘(xiv) In consultation with the Admin6 istrator for Nuclear Security, the number 

7 of reported incidents, and descriptions 

8 thereof, of unidentified aerospace-undersea 

9 phenomena associated with facilities or as10 sets associated with the production, trans11 portation, or storage of nuclear weapons or 

12 components thereof. 

13 ‘‘(xv) In consultation with the Chair14 man of the Nuclear Regulatory Commis15 sion, the number of reported incidents, and 

16 descriptions thereof, of unidentified aero17 space-undersea phenomena or drones of 

18 unknown origin associated with nuclear 

19 power generating stations, nuclear fuel 

20 storage sites, or other sites or facilities 

21 regulated by the Nuclear Regulatory Com22 mission. 

23 ‘‘(xvi) The names of the line organiza24 tions that have been designated to perform 

25 the specific functions under subsections (d) 


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1 and (e), and the specific functions for 

2 which each such line organization has been 

3 assigned primary responsibility. 

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

5 subparagraph (A) shall be submitted in unclas6 sified form, but may include a classified annex. 

7 ‘‘(2) REPORTS FROM ELEMENTS OF INTEL8 LIGENCE COMMUNITY.—Not later than one year 

9 after the date of enactment of the Intelligence Au10 thorization Act for Fiscal Year 2023, and annually 

11 thereafter, each head of an element of the intel12 ligence 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 a 

17 section prepared by the Office that includes a de18 tailed description of the coordination between the 

19 Office and the element of the intelligence commu20 nity, any concerns with such coordination, and any 

21 recommendations for improving such coordination. 

22 ‘‘(k) SEMIANNUAL BRIEFINGS.— 

23 ‘‘(1) REQUIREMENT.—Not later than December 

24 31, 2022, and not less frequently than semiannually 

25 thereafter until December 31, 2026, the Director of 


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1 the Office shall provide to the congressional commit2 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 pro6 vided under paragraph (1) shall include all incidents 

7 involving unidentified aerospace-undersea phe8 nomena that were reported to the Unidentified Aer9 ial Phenomena Task Force or to the Office estab10 lished under subsection (a) after June 24, 2021, re11 gardless of the date of occurrence of the incident. 

12 ‘‘(3) SUBSEQUENT BRIEFINGS.—Each briefing 

13 provided subsequent to the first briefing described in 

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

15 events relating to unidentified aerospace-undersea 

16 phenomena that occurred during the previous 180 

17 days, and events relating to unidentified aerospace18 undersea phenomena that were not included in an 

19 earlier briefing. 

20 ‘‘(4) INSTANCES IN WHICH DATA WAS NOT

21 SHARED.—For each briefing period, the Director of 

22 the Office shall jointly provide to the chairman or 

23 chair and the ranking member or vice chairman of 

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1 meration of any instances in which data relating to 

2 unidentified aerospace-undersea phenomena was not 

3 provided to the Office because of classification re4 strictions 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 less 

9 frequently than once every 90 days thereafter, the 

10 Director of the Office shall provide the congressional 

11 defense committees, the congressional intelligence 

12 committees, and congressional leadership briefings 

13 on unidentified aerospace-undersea phenomena 

14 events. 

15 ‘‘(2) ELEMENTS.—The briefings provided under 

16 paragraph (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 ‘‘(C) Updates on the Office’s collection ac24 tivities and posture, analysis, and research. 


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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— 

5 ‘‘(1) general intelligence gathering and intel6 ligence analysis; and 

7 ‘‘(2) strategic defense, space defense, defense of 

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

9 assets, 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: 

15 ‘‘(1) The term ‘appropriate congressional com16 mittees’ means the following: 

17 ‘‘(A) The Committees on Armed Services 

18 of the Senate and the House of Representa19 tives. 

20 ‘‘(B) The Committees on Appropriations of 

21 the Senate and the House of Representatives. 

22 ‘‘(C) The Committee on Foreign Relations 

23 of the Senate and the Committee on Foreign 

24 Affairs of the House of Representatives. 


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1 ‘‘(D) The Select Committee on Intelligence 

2 of the Senate and the Permanent Select Com3 mittee on Intelligence of the House of Rep4 resentatives. 

5 ‘‘(2) The term ‘congressional defense commit6 tees’ has the meaning given such term in section 

7 101(a) of title 10, United States Code. 

8 ‘‘(3) The term ‘congressional intelligence com9 mittees’ has the meaning given such term in section 

10 3 of the National Security Act of 1947 (50 U.S.C. 

11 3003). 

12 ‘‘(4) The term ‘congressional leadership’ 

13 means— 

14 ‘‘(A) the majority leader of the Senate; 

15 ‘‘(B) the minority leader of the Senate; 

16 ‘‘(C) the Speaker of the House of Rep17 resentatives; and 

18 ‘‘(D) the minority leader of the House of 

19 Representatives. 

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

21 meaning given such term in section 3 of the Na22 tional Security Act of 1947 (50 U.S.C. 3003). 

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

24 respect to a department or agency of the Federal 

25 Government, an organization that executes programs 


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1 and activities to directly advance the core functions 

2 and missions of the department or agency to which 

3 the organization is subordinate, but, with respect to 

4 the Department of Defense, does not include a com5 ponent of the Office of the Secretary of Defense. 

6 ‘‘(7) The term ‘transmedium objects or devices’ 

7 means objects or devices that are— 

8 ‘‘(A) observed to transition between space 

9 and the atmosphere, or between the atmosphere 

10 and bodies of water; and 

11 ‘‘(B) not immediately identifiable. 

12 ‘‘(8) The term ‘unidentified aerospace-undersea 

13 phenomena’— 

14 ‘‘(A) means— 

15 ‘‘(i) airborne objects that are not im16 mediately identifiable; 

17 ‘‘(ii) transmedium objects or devices; 

18 and 

19 ‘‘(iii) submerged objects or devices 

20 that are not immediately identifiable and 

21 that display behavior or performance char22 acteristics suggesting that the objects or 

23 devices may be related to the objects or de24 vices described in subparagraph (A) or 

25 (B); and 


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1 ‘‘(B) does not include temporary nonattrib2 uted objects or those that are positively identi3 fied as man-made.’’. 

4 (b) DELEGATION OF DUTIES OF DIRECTOR OF NA5 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 AEROSPACE-UNDERSEA PHE17 NOMENA REPORTING PROCEDURES. 

18 (a) AUTHORIZATION FOR REPORTING.—Notwith19 standing the terms of any nondisclosure written or oral 

20 agreement, order, or other instrumentality or means, that 

21 could be interpreted as a legal constraint on reporting by 

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 


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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 Direc9 tor of National Intelligence, shall establish a secure 

10 system for receiving reports of— 

11 (A) any event relating to unidentified aero12 space-undersea phenomena; and 

13 (B) any Government or Government con14 tractor activity or program related to unidenti15 fied aerospace-undersea phenomena. 

16 (2) PROTECTION OF SYSTEMS, PROGRAMS, AND

17 ACTIVITY.—The system established pursuant to 

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 cat22 egories and levels of special access and compart23 mented access programs, current, historical, and fu24 ture. 


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1 (3) ADMINISTRATION.—The system established 

2 pursuant to paragraph (1) shall be administered by 

3 designated and widely known, easily accessible, and 

4 appropriately cleared Department of Defense and in5 telligence community employees or contractors as6 signed to the Unidentified Aerial Phenomena Task 

7 Force or the Office. 

8 (4) SHARING OF INFORMATION.—The system 

9 established under paragraph (1) shall provide for the 

10 immediate sharing with Office personnel and sup11 porting analysts and scientists of information pre12 viously prohibited from reporting under any non13 disclosure written or oral agreement, order, or other 

14 instrumentality or means, except in cases where the 

15 cleared Government personnel administering such 

16 system conclude that the preponderance of informa17 tion available regarding the reporting indicates that 

18 the observed object and associated events and activi19 ties likely relate to a special access program or com20 partmented access program that, as of the date of 

21 the reporting, has been explicitly and clearly re22 ported to the congressional defense committees and 

23 congressional intelligence committees, and is docu24 mented as meeting those criteria. 


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1 (5) INITIAL REPORT AND PUBLICATION.—Not 

2 later than 180 days after the date of the enactment 

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

4 Secretary and the Director, shall— 

5 (A) submit to the congressional intelligence 

6 committees, the congressional defense commit7 tees, and congressional leadership a report de8 tailing the system established under paragraph 

9 (1); and 

10 (B) make available to the public on a 

11 website of the Department of Defense informa12 tion 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 REPORTS.—Subsection (j)(1) of 

17 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 ‘‘appro22 priate congressional committees’’; and 

23 (B) in subparagraph (B), by adding at the 

24 end the following new clause: 


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1 ‘‘(xvii) A summary of the reports re2 ceived using the system established under 

3 section 703(b)(1) of the Intelligence Au4 thorization Act for Fiscal Year 2023.’’. 

5 (c) RECORDS OF NONDISCLOSURE AGREEMENTS.— 

6 (1) IDENTIFICATION OF NONDISCLOSURE

7 AGREEMENTS.—The Secretary of Defense, the Di8 rector of National Intelligence, the Secretary of 

9 Homeland Security, the heads of such other depart10 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 subpara14 graph (B) of such subsection, and contractors of the 

15 Federal Government supporting such activities and 

16 programs shall conduct comprehensive searches of 

17 all records relating to nondisclosure orders or agree18 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 (2) SUBMITTAL TO CONGRESS.—The head of 

22 the Office shall— 

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1 ligence committees, the congressional defense 

2 committees, and congressional leadership; and 

3 (B) not later than September 30, 2023, 

4 and at least once each fiscal year thereafter 

5 through fiscal year 2026, provide to such com6 mittees and congressional leadership briefings 

7 and reports on such records. 

8 (d) PROTECTION FROM LIABILITY AND PRIVATE

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 tri13 bunal against any person, for reporting any informa14 tion through, and in compliance with, the system es15 tablished pursuant to subsection (b)(1). 

16 (2) PROHIBITION ON REPRISALS.—An employee 

17 of a Federal agency and an employee of a contractor 

18 for the Federal Government who has authority to 

19 take, direct others to take, recommend, or approve 

20 any personnel action, shall not, with respect to such 

21 authority, take or fail to take, or threaten to take 

22 or fail to take, a personnel action, including the rev23 ocation or suspension of security clearances, with re24 spect to any individual as a reprisal for any report25 ing as described in paragraph (1). 


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

2 which an employee described in paragraph (2) takes 

3 a personnel action against an individual in violation 

4 of such paragraph, the individual may bring a pri5 vate civil action for all appropriate remedies, includ6 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 later 

11 than one year after the date of the enactment of this Act, 

12 the Inspector General of the Department of Defense and 

13 the Inspector General of the Intelligence Community shall 

14 each— 

15 (1) conduct an assessment of the compliance 

16 with the requirements of this section and the oper17 ation and efficacy of the system established under 

18 subsection (b); and 

19 (2) submit to the congressional intelligence 

20 committees, the congressional defense committees, 

21 and congressional leadership a report on their re22 spective findings with respect to the assessments 

23 they conducted under paragraph (1). 

24 (f) DEFINITIONS.—In this section: 


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1 (1) The term ‘‘congressional defense commit2 tees’’ has the meaning given such term in section 

3 101(a) of title 10, United States Code. 

4 (2) The term ‘‘congressional leadership’’ 

5 means— 

6 (A) the majority leader of the Senate; 

7 (B) the minority leader of the Senate; 

8 (C) the Speaker of the House of Rep9 resentatives; and 

10 (D) the minority leader of the House of 

11 Representatives. 

12 (3) The term ‘‘Office’’ means the office estab13 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 mean17 ing given such term in section 1104(a) of the Na18 tional 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 Authoriza22 tion Act for Fiscal Year 2022 (50 U.S.C. 3373(o)), 

23 as amended by section 703. 


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1 SEC. 705. COMPTROLLER GENERAL OF THE UNITED 

2 STATES COMPILATION OF UNIDENTIFIED 

3 AEROSPACE-UNDERSEA PHENOMENA 

4 RECORDS. 

5 (a) DEFINITION OF UNIDENTIFIED AEROSPACE-UN6 DERSEA PHENOMENA.—In this section, the term ‘‘uniden7 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 Comp13 troller General of the United States shall— 

14 (1) commence a review of the records and docu15 ments of the intelligence community, oral history 

16 interviews, open source analytic analysis, interviews 

17 of 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’’)), 

22 and such other relevant historical sources as the 

23 Comptroller General considers appropriate; and 

24 (2) for the period beginning on January 1, 

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1 section, compile and itemize a complete historical 

2 record of the intelligence community’s involvement 

3 with unidentified aerospace-undersea phenomena, in4 cluding successful or unsuccessful efforts to identify 

5 and track unidentified aerospace-undersea phe6 nomena, and any intelligence community efforts to 

7 obfuscate, manipulate public opinion, hide, or other8 wise provide unclassified or classified misinformation 

9 about unidentified aerospace-undersea phenomena or 

10 related activities, based on the review conducted 

11 under paragraph (1). 

12 (c) REPORT.— 

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

14 after the date on which the Comptroller General 

15 completes the compilation and itemization required 

16 by subsection (b)(2), the Comptroller General shall 

17 submit to Congress a report summarizing the histor18 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 para24 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 AR13 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). 

19 SEC. 706. OFFICE OF GLOBAL COMPETITION ANALYSIS. 

20 (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 Of2 fice of Global Competition Analysis established 

3 under subsection (b). 

4 (b) ESTABLISHMENT.— 

5 (1) IN GENERAL.—The President shall establish 

6 an office on analysis of global competition. 

7 (2) PURPOSES.—The purposes of the Office are 

8 as follows: 

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

10 United States leadership in technology and in11 novation sectors critical to national security and 

12 economic 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 de16 cision making to ensure United States leader17 ship in technology and innovation sectors crit18 ical to national security and economic pros19 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 

23 determined under subsection (d), the Office shall— 

24 (1) acquire and prepare data relating to the 

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1 ing data relating to critical technologies, innovation, 

2 and production capacity in the United States and 

3 other countries, consistent with applicable provisions 

4 of law; 

5 (2) conduct long- and short-term analysis re6 garding— 

7 (A) United States policies that enable tech8 nological competitiveness relative to those of 

9 other countries, particularly with respect to 

10 countries that are strategic competitors of the 

11 United States; 

12 (B) United States science and technology 

13 ecosystem elements relative to those of other 

14 countries, particularly with respect to countries 

15 that are strategic competitors of the United 

16 States; 

17 (C) United States competitiveness in tech18 nology and innovation sectors critical to na19 tional security and economic prosperity relative 

20 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; 


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1 (D) trends and trajectories, including rate 

2 of change in technologies, related to technology 

3 and innovation sectors critical to national secu4 rity and economic prosperity; 

5 (E) threats to United States national secu6 rity interests as a result of any foreign coun7 try’s dependence on technologies of strategic 

8 competitors of the United States; and 

9 (F) threats to United States interests 

10 based on dependencies on foreign technologies 

11 critical to national security and economic pros12 perity; and 

13 (3) engage with private sector entities on mat14 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, 

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 purposes 

3 set forth under subsection (b)(2), the Office shall 

4 enter into an agreement with a public-private or a 

5 federally funded research and development center, a 

6 university affiliated research center, or consortium 

7 of federally funded research and development cen8 ters, and university affiliated research centers. 

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

10 be appropriated by subsection (i) to carry out this 

11 section, not more than 5 percent may be used for 

12 administrative expenses. 

13 (f) ACCESS TO, USE, AND HANDLING OF INFORMA14 TION.— 

15 (1) FEDERAL INFORMATION.—In carrying out 

16 the activities under subsection (c), the Office shall 

17 have access to all information, data, or reports of 

18 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 applicable 

22 provisions of law; and 

23 (C) consistent with the protection of 

24 sources and methods, law enforcement stric25 tures, protection of proprietary information of 


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1 businesses, and protection of personally identifi2 able information. 

3 (2) COMMERCIAL INFORMATION.—The Office 

4 may obtain commercially available information that 

5 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 Office 

10 shall handle information obtained under this sub11 section subject to all restrictions required by the 

12 source 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 

23 authorized to be appropriated to carry out this section 

24 $20,000,000 for fiscal year 2023. 


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1 SEC. 707. REPORT ON TRACKING AND COLLECTING PRE2 CURSOR CHEMICALS USED IN THE PRODUC3 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; and 

11 (2) any gaps in authorities related to the collec12 tion of licit precursor chemicals that have been rout13 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. 

17 SEC. 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 

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 the mass migration of people within the Western 


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1 Hemisphere, particularly to the southern border of 

2 the United States; 

3 (2) the use of or the threat of using mass mi4 gration in the Western Hemisphere by the regime of 

5 Nicola ́s Maduro in Venezuela and the regime of 

6 Miguel Dı ́az-Canel and Rau ́l Castro in Cuba— 

7 (A) to effectively curate populations so 

8 that people who remain in those countries are 

9 powerless to meaningfully dissent; 

10 (B) to extract diplomatic concessions from 

11 the United States; and 

12 (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 finance 

15 the regimes in Venezuela and Cuba; and 

16 (3) any gaps in resources, collection capabili17 ties, or authorities relating to the ability of the intel18 ligence community to timely identify the threats de19 scribed in paragraphs (1) and (2), and recommenda20 tions for addressing those gaps. 

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

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

23 may include a classified annex. 


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1 SEC. 709. NOTIFICATIONS REGARDING TRANSFERS OF DE2 TAINEES AT UNITED STATES NAVAL STATION 

3 GUANTANAMO BAY, CUBA. 

4 (a) DEFINITIONS.—In this section: 

5 (1) APPROPRIATE MEMBERS OF CONGRESS.— 

6 The term ‘‘appropriate Members of Congress’’ 

7 means— 

8 (A) the majority leader and minority lead9 er of the Senate; 

10 (B) the Chairman and Ranking Member of 

11 the Committee on Armed Services of the Sen12 ate; 

13 (C) the Chairman and Vice Chairman of 

14 the Select Committee on Intelligence of the 

15 Senate; 

16 (D) the Chairman and Vice Chairman of 

17 the Committee on Appropriations of the Senate; 

18 (E) the Chairman and Ranking Member of 

19 the Committee on Foreign Relations of the Sen20 ate; 

21 (F) the Speaker of the House of Rep22 resentatives; 

23 (G) the minority leader of the House of 

24 Representatives; 


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1 (H) the Chairman and Ranking Member of 

2 the Committee on Armed Services of the House 

3 of Representatives; 

4 (I) the Chairman and Ranking Member of 

5 the Permanent Select Committee on Intelligence 

6 of the House of Representatives; 

7 (J) the Chair and Ranking Member of the 

8 Committee on Appropriations of the House of 

9 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). 

19 (3) PERIODIC REVIEW BOARD.—The term 

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

21 that term in section 9 of Executive Order 13567 (10 

22 U.S.C. 801 note; relating to periodic review of indi23 viduals detained at Naval Station Guantanamo Bay 

24 pursuant to the Authorization for Use of Military 

25 Force). 


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

2 Committee’’ has the meaning given that term in sec3 tion 9 of Executive Order 13567 (10 U.S.C. 801 

4 note; relating to periodic review of individuals de5 tained at Naval Station Guantanamo Bay pursuant 

6 to 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 Re10 view Committee makes a final determination that 

11 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 to 

14 the appropriate Members of Congress a notification 

15 of that determination. 

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

17 the transfer of any individual detained at Naval Sta18 tion Guantanamo Bay, the Secretary of State shall 

19 submit to the appropriate Members of Congress a 

20 notification of the transfer. 

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

22 submitted under subsection (b)(2) shall include the fol23 lowing: 

24 (1) The name and country of origin of the indi25 vidual to be transferred. 


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1 (2) The country to which the individual will be 

2 transferred. 

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

4 (4) A description of the past terrorism activities 

5 of the individual. 

6 (5) An assessment of the terrorism communica7 tions and connections of the individual while at 

8 United States Naval Station Guantanamo Bay, 

9 Cuba. 

10 (6) An assessment of the likelihood of the indi11 vidual’s return to terrorist activities after the release 

12 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, the 

19 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 appli23 cable in space. 

24 (b) ELEMENTS.—The report submitted under sub25 section (a) shall— 


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1 (1) identify threats to the interests of the 

2 United States in space that may be mitigated by 

3 international norms, rules, and principles, including 

4 such norms, rules, and principles relating to develop5 ments in dual-use technology; and 

6 (2) identify opportunities for the United States 

7 to influence international norms, rules, and prin8 ciples applicable in space, including through bilateral 

9 and 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 

14 IMPOSED 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 re23 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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1 (b) ELEMENTS.—Each assessment submitted under 

2 subsection (a) shall include the following: 

3 (1) A description of efforts by the Russian Fed4 eration to evade or circumvent sanctions imposed by 

5 the United States, European countries, or the inter6 national community through direct or indirect en7 gagement or direct or indirect assistance from— 

8 (A) the regimes in Cuba and Nicaragua 

9 and the regime of Nicola ́s 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 con13 siders appropriate. 

14 (2) An assessment of the cumulative effect of 

15 the efforts described in paragraph (1), including on 

16 the Russian Federation’s strategic relationship with 

17 the regimes and countries described in such para18 graph. 

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

20 sanctions described in subsection (a), including the 

21 effect of those sanctions on senior leadership, senior 

22 military officers, state-sponsored actors, and other 

23 state-affiliated actors in the Russian Federation that 

24 are either directly or incidentally subject to those 

25 sanctions. 


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1 (4) A description of any developments by other 

2 countries in creating alternative payment systems as 

3 a result of the invasion of Ukraine. 

4 (5) A description of efforts by the Russian Fed5 eration to evade sanctions using digital assets and a 

6 description of any related intelligence gaps. 

7 (6) An assessment of how countries have as8 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 au14 thorizations for internet-based communications have 

15 enabled continued monetization by Russian influence 

16 actors. 

17 (c) FORM OF ASSESSMENTS.—Each assessment sub18 mitted under subsection (a) shall be submitted in unclassi19 fied form and include a classified annex. 

20 SEC. 712. ASSESSMENTS AND BRIEFINGS ON IMPLICATIONS 

21 OF FOOD INSECURITY THAT MAY RESULT 

22 FROM THE RUSSIAN FEDERATION’S INVASION 

23 OF UKRAINE. 

24 (a) ASSESSMENTS.— 


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1 (1) IN GENERAL.—Not later than 60 days after 

2 the date of the enactment of this Act, and annually 

3 thereafter for 2 years, the Director of National In4 telligence shall conduct a comprehensive assessment 

5 of the implications of food insecurity that may result 

6 from the Russian Federation’s invasion of Ukraine. 

7 (2) ELEMENTS.—Each assessment conducted 

8 under paragraph (1) shall address the following: 

9 (A) The projected timeline for indicators of 

10 any food insecurity described in paragraph (1) 

11 to 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 poten17 tial effects of any such food insecurity on polit18 ical instability and security described in sub19 paragraph (B), disaggregated by region. 

20 (D) Opportunities for the United States to 

21 prevent or mitigate any such food insecurity. 

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

23 date on which an assessment conducted under subsection 

24 (a)(1) is completed, the Director of National Intelligence 


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1 shall brief the congressional intelligence committees on the 

2 findings of the assessment. 

3 SEC. 713. PILOT PROGRAM FOR DIRECTOR OF FEDERAL 

4 BUREAU OF INVESTIGATION TO UNDERTAKE 

5 AN EFFORT TO IDENTIFY INTERNATIONAL 

6 MOBILE SUBSCRIBER IDENTITY-CATCHERS 

7 AND DEVELOP COUNTERMEASURES. 

8 Section 5725 of the Damon Paul Nelson and Mat9 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 (1) in subsection (a), in the matter before para13 graph (1)— 

14 (A) by striking ‘‘The Director of National 

15 Intelligence and the Director of the Federal Bu16 reau of Investigation’’ and inserting ‘‘The Di17 rector of the Federal Bureau of Investigation’’; 

18 (B) by inserting ‘‘the Director of National 

19 Intelligence,’’ before ‘‘the Under Secretary’’; 

20 and 

21 (C) by striking ‘‘Directors determine’’ and 

22 inserting ‘‘Director of the Federal Bureau of 

23 Investigation determines’’; 

24 (2) by redesignating subsections (b) and (c) as 

25 subsections (c) and (d), respectively; 


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1 (3) by inserting after subsection (a) the fol2 lowing: 

3 ‘‘(b) PILOT PROGRAM.— 

4 ‘‘(1) IN GENERAL.—The Director of the Fed5 eral Bureau of Investigation, in collaboration with 

6 the Director of National Intelligence, the Under Sec7 retary of Homeland Security for Intelligence and 

8 Analysis, and the heads of such other Federal, 

9 State, or local agencies as the Director of the Fed10 eral 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 Di16 rector of the Federal Bureau of Investigation shall— 

17 ‘‘(A) commence carrying out the pilot pro18 gram required by paragraph (1) not later than 

19 180 days after the date of the enactment of the 

20 Intelligence Authorization Act for Fiscal Year 

21 2023; and 

22 ‘‘(B) complete the pilot program not later 

23 than 2 years after the date on which the Direc24 tor commences carrying out the pilot program 

25 under subparagraph (A).’’; and 


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1 (4) in subsection (c), as redesignated by para2 graph (2)— 

3 (A) in the matter before paragraph (1), by 

4 striking ‘‘Prior’’ and all that follows through 

5 ‘‘Investigation’’ and inserting ‘‘Not later than 

6 180 days after the date on which the Director 

7 of the Federal Bureau of Investigation deter8 mines that the pilot program required by sub9 section (b)(1) is operational, the Director and 

10 the Director of National Intelligence’’; 

11 (B) in paragraph (1), by striking ‘‘within 

12 the United States’’; and 

13 (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 INTEL17 LIGENCE AND RESEARCH ASSESSMENT OF 

18 ANOMALOUS HEALTH INCIDENTS. 

19 (a) APPROPRIATE COMMITTEES OF CONGRESS DE20 FINED.—In this section, the term ‘‘appropriate commit21 tees of Congress’’ means— 

22 (1) the Committee on Armed Services, the 

23 Committee on Foreign Relations, and the Select 

24 Committee on Intelligence of the Senate; and 


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1 (2) the Committee on Armed Services, the 

2 Committee 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 under 

13 subsection (b) shall include the following: 

14 (1) Any diplomatic reporting or other relevant 

15 information, including sources and reliability of re16 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 re20 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 inciVerDate Sep 11 2014 23:52 Jul 12, 2022 Jkt 029200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\S4503.RS S4503

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1 dents and share findings with other elements of the 

2 intelligence community. 

3 SEC. 715. CLARIFICATION OF PROCESS FOR PROTECTING 

4 CLASSIFIED INFORMATION USING THE CLAS5 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 

14 the head of the relevant agency.’’. 


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Calendar No. 438 

117TH CONGRESS 

2D SESSION S. 4503 

A BILL 

To authorize appropriations for fiscal year 2023 for 

ability System, and for other purposes. tral Intelligence Agency Retirement and DisCommunity Management Account, and the Centhe United States Government, the Intelligence intelligence and intelligence-related activities of 

JULY 12, 2022 

Read twice and placed on the calendar 


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