II 

Calendar No. 116 

117TH CONGRESS 

1ST SESSION S. 2610 

To authorize appropriations for fiscal year 2022 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 

AUGUST 4, 2021 

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 2022 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 2022’’. 


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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 MATTERS 

Subtitle A—Intelligence Community Matters 

Sec. 301. Increasing agricultural and commercial intelligence measures. 

Sec. 302. Plan for allowing contracts with providers of services relating to sensitive compartmented information facilities. 

Sec. 303. Plan to establish commercial geospatial intelligence data and services 

program office. 

Sec. 304. Investment strategy for commercial geospatial intelligence services acquisition. 

Sec. 305. Central Intelligence Agency Acquisition Innovation Center report, 

strategy, and plan. 

Sec. 306. Improving authorities relating to national counterintelligence and security. 

Sec. 307. Removal of Chief Information Officer of the Intelligence Community 

from level IV of the Executive Schedule. 

Sec. 308. Requirements relating to construction of facilities to be used primarily by intelligence community. 

Sec. 309. Director of National Intelligence support for intelligence community 

diversity, equity, inclusion, and accessibility activities. 

Sec. 310. Establishment of Diversity, Equity, and Inclusion Officer of the Intelligence Community. 

Sec. 311. Clarification of authority of National Reconnaissance Office. 

Sec. 312. Director of National Intelligence declassification review of information relating to terrorist attacks of September 11, 2001. 

Sec. 313. Establishment of Chaplain Corps of the Central Intelligence Agency. 

Sec. 314. Pilot program on recruitment and retention in Office of Intelligence 

and Analysis of the Department of the Treasury. 

Sec. 315. Pilot program on student loan repayment at Office of Intelligence and 

Analysis of Department of the Treasury. 

Sec. 316. Prohibition on collection and analysis of United States persons’ information by intelligence community based on First Amendmentprotected activities. 

Sec. 317. Sense of the Senate on the use of intelligence community resources 

for collection, assessment, and analysis of information pertaining exclusively to United States persons absent a foreign 

nexus. 


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Subtitle B—Inspector General of the Intelligence Community 

Sec. 321. Submittal of complaints and information by whistleblowers in the intelligence community to Congress. 

Sec. 322. Definitions and authorities regarding whistleblower complaints and 

information of urgent concern received by Inspectors General 

of the intelligence community. 

Sec. 323. Harmonization of whistleblower protections. 

Sec. 324. Prohibition against disclosure of whistleblower identity as reprisal 

against whistleblower disclosure by employees and contractors 

in intelligence community. 

Subtitle C—Reports and Assessments Pertaining to the Intelligence 

Community 

Sec. 331. Report on efforts to build an integrated hybrid space architecture. 

Sec. 332. Report on Project Maven transition. 

Sec. 333. Assessment of intelligence community counternarcotics capabilities. 

Sec. 334. Assessment of intelligence community’s intelligence-sharing relationships with Latin American partners in counternarcotics. 

Sec. 335. Report on United States Southern Command intelligence capabilities. 

Sec. 336. Director of National Intelligence report on trends in technologies of 

strategic importance to United States. 

Sec. 337. Report on Nord Stream II companies and intelligence ties. 

Sec. 338. Assessment of Organization of Defensive Innovation and Research activities. 

Sec. 339. Report on intelligence community support to Visas Mantis program. 

Sec. 340. Plan for artificial intelligence digital ecosystem. 

Sec. 341. Study on utility of expanded personnel management authority. 

Sec. 342. Assessment of role of foreign groups in domestic violent extremism. 

Sec. 343. Report on the assessment of all-source cyber intelligence information, 

with an emphasis on supply chain risks. 

Sec. 344. Review of National Security Agency and United States Cyber Command. 

Sec. 345. Support for and oversight of Unidentified Aerial Phenomena Task 

Force. 

Sec. 346. Publication of unclassified appendices from reports on intelligence 

community participation in Vulnerabilities Equities Process. 

Sec. 347. Report on future structure and responsibilities of Foreign Malign Influence Center. 

Subtitle D—People’s Republic of China 

Sec. 351. Assessment of posture and capabilities of intelligence community with 

respect to actions of the People’s Republic of China targeting 

Taiwan. 

Sec. 352. Plan to cooperate with intelligence agencies of key democratic countries regarding technological competition with People’s Republic of China. 

Sec. 353. Assessment of People’s Republic of China genomic collection. 

Sec. 354. Updates to annual reports on influence operations and campaigns in 

the United States by the Chinese Communist Party. 

Sec. 355. Report on influence of People’s Republic of China through Belt and 

Road Initiative projects with other countries. 

Sec. 356. Study on the creation of an official digital currency by the People’s 

Republic of China. 


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Sec. 357. Report on efforts of Chinese Communist Party to erode freedom and 

autonomy in Hong Kong. 

Sec. 358. Report on targeting of renewable sectors by China. 

TITLE IV—ANOMALOUS HEALTH INCIDENTS 

Sec. 401. Definition of anomalous health incident. 

Sec. 402. Assessment and report on interagency communication relating to efforts to address anomalous health incidents. 

Sec. 403. Advisory panel on the Office of Medical Services of the Central Intelligence Agency. 

Sec. 404. Joint task force to investigate anomalous health incidents. 

Sec. 405. Reporting on occurrence of anomalous health incidents. 

Sec. 406. Access to certain facilities of United States Government for assessment of anomalous health conditions. 

TITLE V—SECURITY CLEARANCES AND TRUSTED WORKFORCE 

Sec. 501. Exclusivity, consistency, and transparency in security clearance procedures, and right to appeal. 

Sec. 502. Federal policy on sharing of derogatory information pertaining to 

contractor employees in the trusted workforce. 

Sec. 503. Performance measures regarding timeliness for personnel mobility. 

Sec. 504. Governance of Trusted Workforce 2.0 initiative. 

TITLE VI—OTHER INTELLIGENCE MATTERS 

Sec. 601. National Technology Strategy. 

Sec. 602. Improvements relating to continuity of Privacy and Civil Liberties 

Oversight Board membership. 

Sec. 603. Air America. 

Sec. 604. Access by Comptroller General of the United States to certain cybersecurity records. 

Sec. 605. Reports on intelligence support for and capacity of the Sergeants at 

Arms of the Senate and the House of Representatives and the 

United States Capitol Police. 

Sec. 606. Study on vulnerability of Global Positioning System to hostile actions. 

Sec. 607. Authority for transportation of federally owned canines associated 

with force protection duties of intelligence community. 

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). 


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1 (2) INTELLIGENCE COMMUNITY.—The term 

2 ‘‘intelligence community’’ has the meaning given 

3 such term in such section. 

4 TITLE I—INTELLIGENCE 

5 ACTIVITIES 

6 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal year 2022 for the conduct of the intelligence and 

9 intelligence-related activities of the following elements of 

10 the United States Government: 

11 (1) The Office of the Director of National Intel12 ligence. 

13 (2) The Central Intelligence Agency. 

14 (3) The Department of Defense. 

15 (4) The Defense Intelligence Agency. 

16 (5) The National Security Agency. 

17 (6) The Department of the Army, the Depart18 ment of the Navy, and the Department of the Air 

19 Force. 

20 (7) The Coast Guard. 

21 (8) The Department of State. 

22 (9) The Department of the Treasury. 

23 (10) The Department of Energy. 

24 (11) The Department of Justice. 

25 (12) The Federal Bureau of Investigation. 


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1 (13) The Drug Enforcement Administration. 

2 (14) The National Reconnaissance Office. 

3 (15) The National Geospatial-Intelligence Agen4 cy. 

5 (16) The Department of Homeland Security. 

6 (17) The Space Force. 

7 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

8 (a) SPECIFICATIONS OF AMOUNTS.—The amounts 

9 authorized to be appropriated under section 101 for the 

10 conduct of the intelligence activities of the elements listed 

11 in paragraphs (1) through (17) of section 101, are those 

12 specified in the classified Schedule of Authorizations pre13 pared to accompany this Act. 

14 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU15 THORIZATIONS.— 

16 (1) AVAILABILITY.—The classified Schedule of 

17 Authorizations referred to in subsection (a) shall be 

18 made available to the Committee on Appropriations 

19 of the Senate, the Committee on Appropriations of 

20 the House of Representatives, and to the President. 

21 (2) DISTRIBUTION BY THE PRESIDENT.—Sub22 ject to paragraph (3), the President shall provide for 

23 suitable distribution of the classified Schedule of Au24 thorizations referred to in subsection (a), or of apVerDate Sep 11 2014 01:11 Aug 05, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2610.PCS S2610

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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 2022 the sum of $615,600,000. 

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 2022 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 2022. 

11 TITLE III—GENERAL 

12 INTELLIGENCE MATTERS 

13 Subtitle A—Intelligence 

14 Community Matters 

15 SEC. 301. INCREASING AGRICULTURAL AND COMMERCIAL 

16 INTELLIGENCE MEASURES. 

17 (a) DEFINITION OF APPROPRIATE COMMITTEES OF

18 CONGRESS.—In this section, the term ‘‘appropriate com19 mittees of Congress’’ means— 

20 (1) the Committee on Agriculture, Nutrition, 

21 and Forestry, the Committee on Armed Services, the 

22 Committee on Commerce, Science, and Transpor23 tation, the Committee on Banking, Housing, and 

24 Urban Affairs, and the Select Committee on Intel25 ligence of the Senate; and 


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1 (2) the Committee on Agriculture, the Com2 mittee on Armed Services, the Committee on Energy 

3 and Commerce, the Committee on Financial Serv4 ices, and the Permanent Select Committee on Intel5 ligence of the House of Representatives. 

6 (b) REPORT REQUIRED.—Not later than 120 days 

7 after the date of the enactment of this Act, the Director 

8 of National Intelligence, in consultation with other appro9 priate Federal Government entities, shall submit to the 

10 appropriate committees of Congress a report detailing the 

11 options for the intelligence community to improve intel12 ligence support to the Department of Agriculture and the 

13 Department of Commerce. 

14 (c) FORM.—The report required under subsection (b) 

15 shall be submitted in unclassified form, but may include 

16 a classified annex, if necessary. 

17 SEC. 302. PLAN FOR ALLOWING CONTRACTS WITH PRO18 VIDERS OF SERVICES RELATING TO SEN19 SITIVE COMPARTMENTED INFORMATION FA20 CILITIES. 

21 (a) DEFINITION OF APPROPRIATE COMMITTEES OF

22 CONGRESS.—In this section, the term ‘‘appropriate com23 mittees of Congress’’ means— 

24 (1) the congressional intelligence committees; 


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1 (2) the Committee on Armed Services of the 

2 Senate; and 

3 (3) the Committee on Armed Services of the 

4 House of Representatives. 

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

6 the date of the enactment of this Act, the Director of Na7 tional Intelligence shall submit to the appropriate commit8 tees of Congress a plan for allowing elements of the intel9 ligence community to contract with providers of services 

10 relating to sensitive compartmented information facilities 

11 for use of those facilities by businesses and organizations 

12 on contracts at multiple security levels. 

13 (c) ELEMENTS.—The plan required by subsection (b) 

14 shall include the following: 

15 (1) An explanation of how the Director of Na16 tional Intelligence will leverage the contracting meth17 odology the National Reconnaissance Office has used 

18 to provide leased sensitive compartmented informa19 tion facility space to businesses and organizations. 

20 (2) Policy and budget guidance to incentivize 

21 Federal agencies to implement the plan required by 

22 subsection (b). 


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1 SEC. 303. PLAN TO ESTABLISH COMMERCIAL GEOSPATIAL 

2 INTELLIGENCE DATA AND SERVICES PRO3 GRAM OFFICE. 

4 (a) DEFINITION OF APPROPRIATE COMMITTEES OF

5 CONGRESS.—In this section, the term ‘‘appropriate com6 mittees of Congress’’ means— 

7 (1) the congressional intelligence committees; 

8 (2) the Committee on Armed Services and the 

9 Committee on Appropriations of the Senate; and 

10 (3) the Committee on Armed Services and the 

11 Committee on Appropriations of the House of Rep12 resentatives. 

13 (b) PLAN REQUIRED.—Not later than 90 days after 

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

15 National Reconnaissance Office and the Director of the 

16 National Geospatial-Intelligence Agency, in consultation 

17 with the Director of National Intelligence, shall jointly de18 velop and submit to the appropriate committees of Con19 gress a plan to establish an office described in subsection 

20 (c). 

21 (c) OFFICE DESCRIBED.—An office described in this 

22 subsection is a co-located joint commercial geospatial in23 telligence data and services program office at the National 

24 Geospatial-Intelligence Agency, the head of which shall be 

25 a representative from the National Geospatial-Intelligence 


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1 Agency and the deputy head of which shall be a represent2 ative from the National Reconnaissance Office. 

3 (d) CONTENTS.—The plan required by subsection (b) 

4 shall include the following: 

5 (1) Milestones for implementation of the plan. 

6 (2) An updated acquisition strategy that— 

7 (A) provides for an annual evaluation of 

8 new capabilities with opportunities to contract 

9 with or terminate use of commercial providers 

10 at least annually; and 

11 (B) considers efficiencies to be gained from 

12 closely coordinated acquisitions of geospatial in13 telligence data and services. 

14 (3) A plan for the establishment of a commer15 cial geospatial intelligence data innovation fund 

16 equaling at least 10 percent of the total commercial 

17 data investment of the National Reconnaissance Of18 fice to enable the rapid procurement of data sup19 porting emerging global mission requirements. 

20 SEC. 304. INVESTMENT STRATEGY FOR COMMERCIAL 

21 GEOSPATIAL INTELLIGENCE SERVICES AC22 QUISITION. 

23 (a) DEFINITION OF APPROPRIATE COMMITTEES OF

24 CONGRESS.—In this section, the term ‘‘appropriate com25 mittees of Congress’’ means— 


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1 (1) the congressional intelligence committees; 

2 (2) the Committee on Armed Services and the 

3 Committee on Appropriations of the Senate; and 

4 (3) the Committee on Armed Services and the 

5 Committee on Appropriations of the House of Rep6 resentatives. 

7 (b) STRATEGY REQUIRED.—Not later than 90 days 

8 after the date of the enactment of this Act, the Director 

9 of the National Geospatial-Intelligence Agency, in con10 sultation with the Director of National Intelligence and 

11 the Secretary of Defense, shall submit to the appropriate 

12 committees of Congress an investment strategy for the ac13 quisition of commercial geospatial intelligence data serv14 ices and analytics by the National Geospatial-Intelligence 

15 Agency. 

16 (c) CONTENTS.—The strategy required by subsection 

17 (b) shall include the following: 

18 (1) A plan to increase purchases of unclassified 

19 geospatial intelligence data services and analytics to 

20 meet global mission requirements of the National 

21 Geospatial-Intelligence Agency while maximizing en22 terprise access agreements for procured data and 

23 services. 

24 (2) An articulation of the relationship between 

25 geospatial intelligence data and services and how 


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1 such data and services are purchased, identifying in 

2 particular any challenges to procuring such services 

3 independent of the underlying data. 

4 SEC. 305. CENTRAL INTELLIGENCE AGENCY ACQUISITION 

5 INNOVATION CENTER REPORT, STRATEGY, 

6 AND PLAN. 

7 (a) REQUIREMENT FOR REPORT AND STRATEGY.— 

8 Not later than 120 days after the date of the enactment 

9 of this Act, the Director of the Central Intelligence Agency 

10 shall submit to the congressional intelligence commit11 tees— 

12 (1) a report stating the mission and purpose of 

13 the Acquisition Innovation Center of the Agency; 

14 and 

15 (2) a strategy for incorporating the Acquisition 

16 Innovation Center into the standard operating proce17 dures and procurement and acquisition practices of 

18 the Agency. 

19 (b) REQUIREMENT FOR IMPLEMENTATION PLAN.— 

20 Not later than 120 days after the date of the enactment 

21 of this Act, the Director shall, using the findings of the 

22 Director with respect to the report submitted under sub23 section (a)(1), submit to the congressional intelligence 

24 committees an implementation plan that addresses— 


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1 (1) how the Director will ensure the contracting 

2 officers of the Agency and the technical representa3 tives of the Acquisition Innovation Center for the 

4 contracting officers have access to the technical ex5 pertise required to inform requirements develop6 ment, technology maturity assessments, and moni7 toring of acquisitions; 

8 (2) how the plan specifically applies to technical 

9 industries, including telecommunications, software, 

10 aerospace, and large-scale construction; and 

11 (3) projections for resources necessary to sup12 port the Acquisition Innovation Center, including 

13 staff, training, and contracting support tools. 

14 SEC. 306. IMPROVING AUTHORITIES RELATING TO NA15 TIONAL COUNTERINTELLIGENCE AND SECU16 RITY. 

17 (a) DUTIES OF THE DIRECTOR OF THE NATIONAL

18 COUNTERINTELLIGENCE AND SECURITY CENTER.—Sec19 tion 902(c) of the Counterintelligence Enhancement Act 

20 of 2002 (50 U.S.C. 3382(c)) is amended by adding at the 

21 end the following: 

22 ‘‘(5) To organize and lead strategic planning 

23 for counterintelligence activities in support of Na24 tional Counterintelligence Strategy objectives and 

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1 grating all instruments of national power, including 

2 diplomatic, financial, military, intelligence, homeland 

3 security, and law enforcement activities, within and 

4 among Federal agencies.’’. 

5 (b) CHANGES TO THE FUNCTIONS OF THE NATIONAL

6 COUNTERINTELLIGENCE AND SECURITY CENTER.— 

7 (1) EVALUATION OF IMPLEMENTATION OF NA8 TIONAL COUNTERINTELLIGENCE STRATEGY.—Para9 graph (3) of section 904(d) of such Act (50 U.S.C. 

10 3383(d)) is amended to read as follows: 

11 ‘‘(3) IMPLEMENTATION OF NATIONAL COUN12 TERINTELLIGENCE STRATEGY.—To evaluate on an 

13 ongoing basis the implementation of the National 

14 Counterintelligence Strategy by the intelligence com15 munity and other appropriate elements of the United 

16 States Government and to submit to the President, 

17 the congressional intelligence committees (as defined 

18 in section 3 of the National Security Act of 1947 

19 (50 U.S.C. 3003)), the National Security Council, 

20 the Director of the Office of Management and Budg21 et, and the National Counterintelligence Policy 

22 Board periodic reports on such evaluation, including 

23 a discussion of any shortfalls in the implementation 

24 of the Strategy and recommendations for remedies 

25 for such shortfalls.’’. 


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1 (2) NATIONAL COUNTERINTELLIGENCE PRO2 GRAM BUDGET.—Paragraph (5) of such section is 

3 amended— 

4 (A) in subparagraph (A)— 

5 (i) by inserting ‘‘oversee and’’ before 

6 ‘‘coordinate’’; and 

7 (ii) by inserting ‘‘in furtherance of the 

8 National Counterintelligence Strategy and 

9 other strategic counterintelligence prior10 ities’’ before ‘‘of the Department of De11 fense’’; and 

12 (B) in subparagraph (C), by striking ‘‘the 

13 National Security Council’’ and inserting ‘‘the 

14 congressional intelligence committees (as de15 fined in section 3 of the National Security Act 

16 of 1947 (50 U.S.C. 3003)), the National Secu17 rity Council, the Director of the Office of Man18 agement and Budget, and the National Coun19 terintelligence Policy Board’’. 

20 (3) NATIONAL COUNTERINTELLIGENCE OUT21 REACH, WATCH, AND WARNING.— 

22 (A) COUNTERINTELLIGENCE VULNER23 ABILITY RISK ASSESSMENTS.—Subparagraph 

24 (A) of paragraph (7) of such section is amended 

25 by striking ‘‘surveys of the vulnerability of the 


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1 United States Government, and the private sec2 tor,’’ and inserting ‘‘counterintelligence risk as3 sessments and surveys of the vulnerability of 

4 the United States’’. 

5 (B) OUTREACH.—Subparagraph (B) of 

6 such paragraph is amended to read as follows: 

7 ‘‘(B) OUTREACH.— 

8 ‘‘(i) OUTREACH PROGRAMS AND AC9 TIVITIES.—To carry out and coordinate, 

10 consistent with other applicable provisions 

11 of law and in consultation with appropriate 

12 Federal departments and agencies, out13 reach programs and outreach activities on 

14 counterintelligence to other elements of the 

15 United States Government, State, local, 

16 and Tribal governments, foreign govern17 ments and allies of the United States, the 

18 private sector, and United States academic 

19 institutions. 

20 ‘‘(ii) PUBLIC WARNINGS.—To coordi21 nate the dissemination to the public of 

22 warnings on intelligence threats to the 

23 United States.’’. 


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1 SEC. 307. REMOVAL OF CHIEF INFORMATION OFFICER OF 

2 THE INTELLIGENCE COMMUNITY FROM 

3 LEVEL IV OF THE EXECUTIVE SCHEDULE. 

4 Section 5315 of title 5, United States Code, is 

5 amended by striking ‘‘Chief Information Officer of the In6 telligence Community’’. 

7 SEC. 308. REQUIREMENTS RELATING TO CONSTRUCTION 

8 OF FACILITIES TO BE USED PRIMARILY BY 

9 INTELLIGENCE COMMUNITY. 

10 Section 602(a) of the Intelligence Authorization Act 

11 for Fiscal Year 1995 (50 U.S.C. 3304(a)) is amended— 

12 (1) in paragraph (1), by striking ‘‘$5,000,000’’ 

13 and inserting ‘‘$6,000,000’’; and 

14 (2) in paragraph (2), by striking ‘‘$5,000,000’’ 

15 and inserting ‘‘$6,000,000’’. 

16 SEC. 309. DIRECTOR OF NATIONAL INTELLIGENCE SUP17 PORT FOR INTELLIGENCE COMMUNITY DI18 VERSITY, EQUITY, INCLUSION, AND ACCESSI19 BILITY ACTIVITIES. 

20 (a) IN GENERAL.—Title XI of the National Security 

21 Act of 1947 (50 U.S.C. 3231 et. seq.) is amended by add22 ing at the end the following: 


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1 ‘‘SEC. 1111. SUPPORT FOR INTELLIGENCE COMMUNITY DI2 VERSITY, EQUITY, INCLUSION, AND ACCESSI3 BILITY ACTIVITIES. 

4 ‘‘(a) DEFINITION OF COVERED WORKFORCE ACTIVI5 TIES.—In this section, the term ‘covered workforce activi6 ties’ includes— 

7 ‘‘(1) activities relating to the recruitment or re8 tention of personnel in the workforce of the intel9 ligence community; and 

10 ‘‘(2) activities relating to the workforce of the 

11 intelligence community and diversity, equity, inclu12 sion, or accessibility. 

13 ‘‘(b) AUTHORITY TO SUPPORT COVERED WORK14 FORCE ACTIVITIES.—Notwithstanding any other provision 

15 of law and subject to the availability of appropriations 

16 made available to the Director of National Intelligence for 

17 covered workforce activities, the Director may, with or 

18 without reimbursement, support such covered workforce 

19 activities of the various elements of the intelligence com20 munity as the Director determines will benefit the intel21 ligence community as a whole.’’. 

22 (b) CLERICAL AMENDMENT.—The table of contents 

23 at the beginning of such Act is amended by inserting after 

24 the item relating to section 1110 the following: 

‘‘Sec. 1111. Support for intelligence community diversity, equity, inclusion, and 

accessibility activities.’’. 


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1 SEC. 310. ESTABLISHMENT OF DIVERSITY, EQUITY, AND IN2 CLUSION OFFICER OF THE INTELLIGENCE 

3 COMMUNITY. 

4 (a) IN GENERAL.—Title I of the National Security 

5 Act of 1947 (50 U.S.C. 3021 et seq.) is amended by in6 serting after section 103J (50 U.S.C. 3034a) the fol7 lowing: 

8 ‘‘SEC. 103K. DIVERSITY, EQUITY, AND INCLUSION OFFICER 

9 OF THE INTELLIGENCE COMMUNITY. 

10 ‘‘(a) DIVERSITY, EQUITY, AND INCLUSION OFFICER

11 OF THE INTELLIGENCE COMMUNITY.—Within the Office 

12 of the Director of National Intelligence, there is a Diver13 sity, Equity, and Inclusion Officer of the Intelligence Com14 munity who shall be appointed by the Director of National 

15 Intelligence. 

16 ‘‘(b) DUTIES.—The Diversity, Equity, and Inclusion 

17 Officer of the Intelligence Community shall— 

18 ‘‘(1) serve as the principal advisor to the Direc19 tor of National Intelligence and the Principal Dep20 uty Director of National Intelligence on diversity, 

21 equity, and inclusion in the intelligence community; 

22 ‘‘(2) lead the development and implementation 

23 of strategies and initiatives to advance diversity, eq24 uity, and inclusion in the intelligence community; 

25 and 


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1 ‘‘(3) perform such other duties, consistent with 

2 paragraphs (1) and (2), as may be prescribed by the 

3 Director. 

4 ‘‘(c) ANNUAL REPORTS TO CONGRESS.—Not less fre5 quently than once each year, the Diversity, Equity, and 

6 Inclusion Officer of the Intelligence Community shall sub7 mit to the congressional intelligence communities a report 

8 on the implementation of the strategies and initiatives de9 veloped pursuant to subsection (b)(2) and the execution 

10 of related expenditures. 

11 ‘‘(d) PROHIBITION ON SIMULTANEOUS SERVICE AS

12 OTHER DIVERSITY, EQUITY, AND INCLUSION OR EQUAL

13 EMPLOYMENT OPPORTUNITY OFFICER.—An individual 

14 serving in the position of Diversity, Equity, and Inclusion 

15 Officer of the Intelligence Community may not, while so 

16 serving, serve as either the Diversity, Equity, and Inclu17 sion Officer or the Equal Employment Opportunity Officer 

18 of any other department or agency, or component thereof, 

19 of the United States Government.’’. 

20 (b) CLERICAL AMENDMENT.—The table of contents 

21 at the beginning of such Act is amended by inserting after 

22 the item relating to section 103J the following: 

‘‘Sec. 103K. Diversity, Equity, and Inclusion Officer of the Intelligence Community.’’. 

23 (c) LIMITATION.—None of the funds authorized to be 

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1 ber of full-time equivalent employees of the Office of the 

2 Director of National Intelligence in order to carry out sec3 tion 103K of such Act, as added by subsection (a). 

4 SEC. 311. CLARIFICATION OF AUTHORITY OF NATIONAL RE5 CONNAISSANCE OFFICE. 

6 Section 106A of the National Security Act of 1947 

7 (50 U.S.C. 3041a) is amended— 

8 (1) by redesignating subsection (d) as sub9 section (e); and 

10 (2) by inserting after subsection (c) the fol11 lowing new subsection (d): 

12 ‘‘(d) CLARIFICATION OF AUTHORITY.— 

13 ‘‘(1) PROHIBITION ON TRANSFER OF ELE14 MENTS.—No element of the National Reconnais15 sance Office may be transferred to the Space Force. 

16 ‘‘(2) NO EFFECT ON AUTHORITIES.—Nothing 

17 in chapter 908 of title 10, United States Code, shall 

18 affect the authorities, duties, or responsibilities of 

19 the Director of the National Reconnaissance Office, 

20 including with respect to the authority of the Direc21 tor to operate a unified organization to carry out the 

22 research, development, test, evaluation, acquisition, 

23 launch, deployment, and operations of overhead re24 connaissance systems and related data processing fa25 cilities of the National Reconnaissance Office.’’. 


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1 SEC. 312. DIRECTOR OF NATIONAL INTELLIGENCE DECLAS2 SIFICATION REVIEW OF INFORMATION RE3 LATING TO TERRORIST ATTACKS OF SEP4 TEMBER 11, 2001. 

5 (a) DECLASSIFICATION REVIEW REQUIRED.—Not 

6 later than 30 days after the date of the enactment of this 

7 Act, the Director of National Intelligence shall, in coordi8 nation with the Director of the Federal Bureau of Inves9 tigation, the Director of the Central Intelligence Agency, 

10 and the heads of such other elements of the intelligence 

11 community as the Director of National Intelligence con12 siders appropriate, commence a declassification review, 

13 which the Director of National Intelligence shall complete 

14 not later than 120 days after the date of the enactment 

15 of this Act, to determine what additional information re16 lating to the terrorist attacks of September 11, 2001, can 

17 be appropriately declassified and shared with the public. 

18 (b) INFORMATION COVERED.—The information re19 viewed under subsection (a) shall include the following: 

20 (1) Information relating to the direction, facili21 tation, and other support provided to the individuals 

22 who carried out the terrorist attacks of September 

23 11, 2001. 

24 (2) Information from Operation Encore and the 

25 PENTTBOM investigation of the Federal Bureau of 

26 Investigation. 


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1 (c) REPORT.—Not later than 120 days after the date 

2 of the enactment of this Act, the Director of National In3 telligence shall submit to the Select Committee on Intel4 ligence of the Senate and the Permanent Select Committee 

5 on Intelligence of the House of Representatives a report 

6 on the findings of the Director with respect to the declas7 sification review conducted under subsection (a). 

8 SEC. 313. ESTABLISHMENT OF CHAPLAIN CORPS OF THE 

9 CENTRAL INTELLIGENCE AGENCY. 

10 The Central Intelligence Agency Act of 1949 (50 

11 U.S.C. 3501 et seq.) is amended by adding at the end 

12 the following: 

13 ‘‘SEC. 26. CHAPLAIN CORPS AND CHIEF OF CHAPLAINS. 

14 ‘‘(a) ESTABLISHMENT OF CHAPLAIN CORPS.—There 

15 is in the Agency a Chaplain Corps for the provision of 

16 spiritual or religious pastoral services. 

17 ‘‘(b) CHIEF OF CHAPLAINS.—The head of the Chap18 lain Corps shall be the Chief of Chaplains, who shall be 

19 appointed by the Director. 

20 ‘‘(c) STAFF AND ADMINISTRATION.— 

21 ‘‘(1) STAFF.—The Director may appoint and 

22 fix the compensation of such staff of the Chaplain 

23 Corps as the Director considers appropriate, except 

24 that the Director may not— 


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1 ‘‘(A) appoint more than 10 full-time equiv2 alent positions; or 

3 ‘‘(B) provide basic pay to any member of 

4 the staff of the Chaplain Corps at an annual 

5 rate of basic pay in excess of the maximum rate 

6 of basic pay for grade GS–15 as provided in 

7 section 5332 of title 5, United States Code. 

8 ‘‘(2) ADMINISTRATION.—The Director may— 

9 ‘‘(A) reimburse members of the staff of the 

10 Chaplain Corps for work-related travel ex11 penses; 

12 ‘‘(B) provide security clearances to such 

13 members; and 

14 ‘‘(C) furnish such physical workspace at 

15 the headquarters building of the Agency as the 

16 Director considers appropriate.’’. 

17 SEC. 314. PILOT PROGRAM ON RECRUITMENT AND RETEN18 TION IN OFFICE OF INTELLIGENCE AND 

19 ANALYSIS OF THE DEPARTMENT OF THE 

20 TREASURY. 

21 (a) PILOT PROGRAM REQUIRED.—The Assistant Sec22 retary for Intelligence and Analysis in the Department of 

23 the Treasury shall carry out a pilot program to assess the 

24 feasibility and advisability of using adjustments of rates 

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1 tions in the Office of Intelligence and Analysis of the De2 partment of the Treasury. 

3 (b) DURATION.—The Assistant Secretary shall carry 

4 out the pilot program required by subsection (a) during 

5 the 4-year period beginning on the date of the enactment 

6 of this Act. 

7 (c) ADDITIONAL PAY.—Under the pilot program re8 quired by subsection (a), the Assistant Secretary shall, 

9 notwithstanding any provision of title 5, United States 

10 Code, governing the rates of pay or classification of em11 ployees in the executive branch, prescribe the rate of basic 

12 pay for financial and cyber intelligence analyst positions 

13 designated under subsection (d) at rates— 

14 (1) not greater than 130 percent of the max15 imum basic rate of pay and locality pay that such 

16 positions would otherwise be eligible for; and 

17 (2) not greater than the rate of basic pay pay18 able for level II of the Executive Schedule under sec19 tion 5313 of title 5, United States Code. 

20 (d) DESIGNATED POSITIONS.— 

21 (1) IN GENERAL.—Except as provided in para22 graph (2), under the pilot program required by sub23 section (a), the Assistant Secretary shall designate 

24 not fewer than 5 percent and not more than 25 per25 cent of the total number of positions in the Office, 


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1 including positions to be filled by new hires, as fi2 nancial or cyber intelligence analyst positions eligible 

3 for the additional pay under subsection (c). 

4 (2) CURRENT EMPLOYEES.—The Assistant Sec5 retary may designate under paragraph (1) a position 

6 filled by an employee who was employed in that posi7 tion on the day before the date of the enactment of 

8 this Act only if the employee was in the top one9 third of performance rankings for the position within 

10 the Office for the duration of the 2-year period end11 ing on the date of the enactment of this Act. 

12 (e) BRIEFING ON THE PILOT PROGRAM.—Not later 

13 than 180 days after the date of the enactment of this Act 

14 and not less frequently than once each year thereafter for 

15 the duration of the period set forth in subsection (b), the 

16 Assistant Secretary shall provide the congressional intel17 ligence committees and the Director of National Intel18 ligence with a briefing on the pilot program required by 

19 subsection (a). 

20 (f) REPORT ON THE PILOT PROGRAM.—Not later 

21 than 180 days before the last day of the period set forth 

22 in subsection (b), the Assistant Secretary shall submit to 

23 the congressional intelligence committees, the Committee 

24 on Homeland Security and Governmental Affairs of the 

25 Senate, the Committee on Oversight and Reform of the 


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1 House of Representatives, and the Director of National 

2 Intelligence a report on the effectiveness of the pilot pro3 gram and recommendations on whether the pilot program 

4 should be extended, modified, or ended. 

5 (g) RECOMMENDATIONS OF DIRECTOR OF NATIONAL

6 INTELLIGENCE.—Not later than 3 years after the date of 

7 the enactment of this Act, the Director shall submit to 

8 the congressional intelligence committees recommenda9 tions as to— 

10 (1) which, if any, other elements of the intel11 ligence community would benefit from a program 

12 similar to the pilot program required by subsection 

13 (a); and 

14 (2) what, if any, modifications the Director 

15 would recommend for such elements. 

16 (h) RETENTION OF PRESCRIBED RATES OF PAY

17 AFTER TERMINATION OF PILOT PROGRAM.—After the pe18 riod set forth in subsection (b), the Assistant Secretary 

19 may continue to pay a person, who received pay during 

20 such period pursuant to a rate of basic pay prescribed 

21 under subsection (c), at a rate of basic pay not to exceed 

22 the rate of basic pay that was in effect for the person on 

23 the day before the last day of such period, until such time 

24 as the applicable rate of basic pay for the person under 


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1 the General Schedule exceeds the rate of basic pay that 

2 was so in effect under subsection (c). 

3 SEC. 315. PILOT PROGRAM ON STUDENT LOAN REPAYMENT 

4 AT OFFICE OF INTELLIGENCE AND ANALYSIS 

5 OF DEPARTMENT OF THE TREASURY. 

6 (a) PILOT PROGRAM.— 

7 (1) ESTABLISHMENT.—The Assistant Secretary 

8 for Intelligence and Analysis in the Department of 

9 the Treasury shall carry out a pilot program to as10 sess the feasibility and advisability of using repay11 ment of loans on behalf of persons that were used 

12 by the persons to finance education as a recruitment 

13 incentive for employment at the Office of Intel14 ligence and Analysis of China specialists, data sci15 entists, cyber specialists, and others with any other 

16 analytic or technical capabilities that are in high de17 mand by the Office. 

18 (b) LOAN REPAYMENTS.— 

19 (1) IN GENERAL.—Under the pilot program, 

20 the Assistant Secretary may repay the principal, in21 terest, and related expenses of a loan obtained by a 

22 covered person to finance education. 

23 (2) COVERED PERSONS.—For purposes of para24 graph (1), a covered person is a person who agrees 

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1 pate in the pilot program before beginning employ2 ment in the Office. 

3 (3) LIMITATION ON TOTAL AMOUNT.—Under 

4 the pilot program, the Assistant Secretary may 

5 repay not more than $100,000 on behalf of any one 

6 person. 

7 (4) LIMITATION ON ANNUAL AMOUNT OF PAY8 MENTS.—Under the pilot program, the Assistant 

9 Secretary may repay not more than $15,000 on be10 half of any one person in any one fiscal year. 

11 (5) TIMING AND PERIOD OF PAYMENTS.—In re12 paying a loan of a person under the pilot program, 

13 the Assistant Secretary shall make payments— 

14 (A) on a monthly basis; and 

15 (B) only during the period beginning on 

16 the date on which the person begins employ17 ment with the Office and ending on the date on 

18 which the person leaves employment with the 

19 Office. 

20 (c) DURATION.—The Assistant Secretary shall carry 

21 out the pilot program during the period of fiscal years 

22 2022 through 2024. 

23 (d) LIMITATION ON NUMBER OF PARTICIPANTS.— 

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1 ment under the pilot program during any fiscal year may 

2 not exceed 10. 

3 (e) ADMINISTRATION.— 

4 (1) IN GENERAL.—In carrying out the pilot 

5 program, the Assistant Secretary shall— 

6 (A) establish such requirements relating to 

7 the academic or specialized training of partici8 pants as the Assistant Secretary considers ap9 propriate to ensure that participants are pre10 pared for employment as intelligence analysts; 

11 and 

12 (B) periodically review the areas of high 

13 demand for particular analytic or technical ca14 pabilities and determine which academic areas 

15 of specialization may be most useful in address16 ing that demand. 

17 (2) USE OF EXISTING PROGRAMS.—The Assist18 ant Secretary shall assess the feasibility and advis19 ability of administering the pilot program by 

20 leveraging student loan programs of the Department 

21 of the Treasury that were in effect on the day before 

22 the date of the enactment of this Act. 

23 (f) REPORTS.— 

24 (1) PRELIMINARY REPORT.—Not later than 

25 120 days after the date of the enactment of this Act, 


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1 the Assistant Secretary shall submit to Congress a 

2 preliminary report on the pilot program, including a 

3 description of the pilot program and the authorities 

4 to be utilized in carrying out the pilot program. 

5 (2) ANNUAL REPORT.— 

6 (A) IN GENERAL.—Not later than one year 

7 after the commencement of the pilot program 

8 and annually thereafter until the program ends, 

9 the Assistant Secretary shall submit to the con10 gressional intelligence committees and the Di11 rector of National Intelligence a report on the 

12 pilot program. 

13 (B) CONTENTS.—Each report submitted 

14 under subparagraph (A) shall include— 

15 (i) a description of the activities under 

16 the pilot program, including the number of 

17 individuals who participated in the pilot 

18 program; 

19 (ii) an assessment of the effectiveness 

20 of the pilot program as a recruitment tool; 

21 and 

22 (iii) such recommendations for legisla23 tive or administrative action as the Assist24 ant Secretary considers appropriate in 

25 light of the pilot program. 


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1 (3) RECOMMENDATIONS.—Not later than 2 

2 years after the commencement of the pilot program, 

3 the Director of National Intelligence shall submit to 

4 the congressional intelligence committees the rec5 ommendations of the Director as to which, if any, 

6 other elements of the intelligence community would 

7 benefit from establishing a loan repayment program 

8 similar to the pilot program required by subsection 

9 (a), and what, if any, modifications the Director 

10 would recommend to the program if it were estab11 lished. 

12 (g) FUNDING.—Of the amounts authorized to be ap13 propriated by this Act, $1,300,000 shall be available until 

14 expended to carry out this section. Of such amounts— 

15 (1) $1,000,000 shall be available for repayment 

16 of loans; and 

17 (2) $300,000 shall be available for a period of 

18 2 years during the pilot program to hire personnel 

19 to administer the pilot program. 

20 SEC. 316. PROHIBITION ON COLLECTION AND ANALYSIS OF 

21 UNITED STATES PERSONS’ INFORMATION BY 

22 INTELLIGENCE COMMUNITY BASED ON FIRST 

23 AMENDMENT-PROTECTED ACTIVITIES. 

24 No element of the intelligence community may collect 

25 or analyze a United States person’s information solely 


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1 upon the basis of an activity protected by the First 

2 Amendment to the Constitution of the United States. 

3 SEC. 317. SENSE OF THE SENATE ON THE USE OF INTEL4 LIGENCE COMMUNITY RESOURCES FOR COL5 LECTION, ASSESSMENT, AND ANALYSIS OF IN6 FORMATION PERTAINING EXCLUSIVELY TO 

7 UNITED STATES PERSONS ABSENT A FOR8 EIGN NEXUS. 

9 It is the sense of the Senate that— 

10 (1) the Federal Bureau of Investigation and the 

11 Department of Homeland Security do vital work in 

12 enforcing the rule of law and safeguarding the peo13 ple of the United States from harm; 

14 (2) the Intelligence Reform and Terrorism Pre15 vention Act of 2004 (Public Law 108–458; 118 

16 Stat. 3638) sought to facilitate greater information 

17 sharing between law enforcement and intelligence 

18 communities for the purpose of thwarting attacks on 

19 the homeland from international terrorist organiza20 tions; 

21 (3) National Intelligence Program funds should 

22 be expended only in support of intelligence activities 

23 with a foreign nexus consistent with the definition of 

24 intelligence provided by Congress in section 3 of the 


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1 National Security Act of 1947 (50 U.S.C. 3003); 

2 and 

3 (4) the intelligence community should not en4 gage in the collection, assessment, or analysis of in5 formation that pertains exclusively to United States 

6 persons absent a foreign nexus. 

7 Subtitle B—Inspector General of 

8 the Intelligence Community 

9 SEC. 321. SUBMITTAL OF COMPLAINTS AND INFORMATION 

10 BY WHISTLEBLOWERS IN THE INTELLIGENCE 

11 COMMUNITY TO CONGRESS. 

12 (a) AMENDMENTS TO INSPECTOR GENERAL ACT OF

13 1978.— 

14 (1) APPOINTMENT OF SECURITY OFFICERS.— 

15 Section 8H of the Inspector General Act of 1978 (5 

16 U.S.C. App.) is amended— 

17 (A) by redesignating subsection (h) as sub18 section (i); and 

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

20 following: 

21 ‘‘(h) APPOINTMENT OF SECURITY OFFICERS.—Each 

22 Inspector General under this section, including the des23 ignees of the Inspector General of the Department of De24 fense pursuant to subsection (a)(3), shall appoint within 

25 their offices security officers to provide, on a permanent 


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1 basis, confidential, security-related guidance and direction 

2 to an employee of their respective establishment, an em3 ployee assigned or detailed to such establishment, or an 

4 employee of a contractor of such establishment who in5 tends to report to Congress a complaint or information, 

6 so that such employee can obtain direction on how to re7 port to Congress in accordance with appropriate security 

8 practices.’’. 

9 (2) PROCEDURES.—Subsection (d) of such sec10 tion is amended— 

11 (A) by amending paragraph (2) to read as 

12 follows: 

13 ‘‘(2)(A) Except as provided in subparagraph (B), the 

14 employee may contact the intelligence committees directly 

15 as described in paragraph (1) of this subsection or in sub16 section (a)(4) only if the employee— 

17 ‘‘(i) before making such a contact, furnishes to 

18 the head of the establishment, through the Inspector 

19 General (or designee), a statement of the employee’s 

20 complaint or information and notice of the employ21 ee’s intent to contact the intelligence committees di22 rectly; and 

23 ‘‘(ii)(I) obtains and follows from the head of the 

24 establishment, through the Inspector General (or 

25 designee), procedural direction on how to contact the 


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1 intelligence committees in accordance with appro2 priate security practices; or 

3 ‘‘(II) obtains and follows such procedural direc4 tion from the applicable security officer appointed 

5 under subsection (h). 

6 ‘‘(B) If an employee seeks procedural direction under 

7 subparagraph (A)(ii) and does not receive such procedural 

8 direction within 30 days, or receives insufficient direction 

9 to report to Congress a complaint or information, the em10 ployee may contact the intelligence committees directly 

11 without obtaining or following the procedural direction 

12 otherwise required under such subparagraph.’’; and 

13 (B) by redesignating paragraph (3) as 

14 paragraph (4); and 

15 (C) by inserting after paragraph (2) the 

16 following: 

17 ‘‘(3) An employee of an element of the intelligence 

18 community who intends to report to Congress a complaint 

19 or information may report such complaint or information 

20 to— 

21 ‘‘(A) the Chairman and Vice Chairman of the 

22 Select Committee on Intelligence of the Senate, a 

23 nonpartisan member of the committee staff des24 ignated for purposes of receiving complaints or in25 formation under this section, or a member of the 


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1 majority staff and a member of the minority staff of 

2 the committee; or 

3 ‘‘(B) the Chairman and Ranking Member of the 

4 Permanent Select Committee on Intelligence of the 

5 House of Representatives, a nonpartisan member of 

6 the committee staff designated for purposes of re7 ceiving complaints or information under this section, 

8 or a member of the majority staff and a member of 

9 the minority staff of the committee.’’. 

10 (3) CLARIFICATION OF RIGHT TO REPORT DI11 RECTLY TO CONGRESS.—Subsection (a) of such sec12 tion is amended by adding at the end the following: 

13 ‘‘(4) Subject to paragraphs (2) and (3) of subsection 

14 (d), an employee of an element of the intelligence commu15 nity who intends to report to Congress a complaint or in16 formation may report such complaint or information di17 rectly to Congress, regardless of whether the complaint or 

18 information is with respect to an urgent concern— 

19 ‘‘(A) in lieu of reporting such complaint or in20 formation under paragraph (1); or 

21 ‘‘(B) in addition to reporting such complaint or 

22 information under paragraph (1).’’. 

23 (b) AMENDMENTS TO NATIONAL SECURITY ACT OF

24 1947.— 


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1 (1) APPOINTMENT OF SECURITY OFFICERS.— 

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

3 1947 (50 U.S.C. 3033(j)) is amended by adding at 

4 the end the following: 

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

6 Office of the Inspector General security officers as re7 quired by subsection (h) of section 8H of the Inspector 

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

9 (2) PROCEDURES.—Subparagraph (D) of sec10 tion 103H(k)(5) of such Act (50 U.S.C. 3033(k)(5)) 

11 is amended— 

12 (A) by amending clause (ii) to read as fol13 lows: 

14 ‘‘(ii)(I) Except as provided in subclause (II), an em15 ployee may contact the congressional intelligence commit16 tees directly as described in clause (i) only if the em17 ployee— 

18 ‘‘(aa) before making such a contact, furnishes 

19 to the Director, through the Inspector General, a 

20 statement of the employee’s complaint or informa21 tion and notice of the employee’s intent to contact 

22 the congressional intelligence committees directly; 

23 and 

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1 tion on how to contact the intelligence committees in 

2 accordance with appropriate security practices; or 

3 ‘‘(BB) obtains and follows such procedural di4 rection from the applicable security officer appointed 

5 under section 8H(h) of the Inspector General Act of 

6 1978 (5 U.S.C. App.). 

7 ‘‘(II) If an employee seeks procedural direction under 

8 subclause (I)(bb) and does not receive such procedural di9 rection within 30 days, or receives insufficient direction 

10 to report to Congress a complaint or information, the em11 ployee may contact the congressional intelligence commit12 tees directly without obtaining or following the procedural 

13 direction otherwise required under such subclause.’’; 

14 (B) by redesignating clause (iii) as clause 

15 (iv); and 

16 (C) by inserting after clause (ii) the fol17 lowing: 

18 ‘‘(iii) An employee of an element of the intelligence 

19 community who intends to report to Congress a complaint 

20 or information may report such complaint or information 

21 to— 

22 ‘‘(I) the Chairman and Vice Chairman of the 

23 Select Committee on Intelligence of the Senate, a 

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1 formation under this section, or a member of the 

2 majority staff and a member of the minority staff of 

3 the committee; or 

4 ‘‘(II) the Chairman and Ranking Member of 

5 the Permanent Select Committee on Intelligence of 

6 the House of Representatives, a nonpartisan member 

7 of the committee staff designated for purposes of re8 ceiving complaints or information under this section, 

9 or a member of the majority staff and a member of 

10 the minority staff of 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 subparagraph 

18 (D), an employee of an element of the intelligence commu19 nity who intends to report to Congress a complaint or in20 formation may report such complaint or information di21 rectly to Congress, regardless of whether the complaint or 

22 information is with respect to an urgent concern— 

23 ‘‘(A) in lieu of reporting such complaint or in24 formation under clause (i); or 


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1 ‘‘(B) in addition to reporting such complaint or 

2 information under clause (i).’’. 

3 (c) AMENDMENTS TO THE CENTRAL INTELLIGENCE

4 AGENCY ACT OF 1949.— 

5 (1) APPOINTMENT OF SECURITY OFFICERS.— 

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

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

8 adding at the end the following: 

9 ‘‘(I) The Inspector General shall appoint within the 

10 Office of the Inspector General security officers as re11 quired by subsection (h) of section 8H of the Inspector 

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

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

14 section is amended— 

15 (A) by amending clause (ii) to read as fol16 lows: 

17 ‘‘(ii)(I) Except as provided in subclause (II), an em18 ployee may contact the intelligence committees directly as 

19 described in clause (i) only if the employee— 

20 ‘‘(aa) before making such a contact, furnishes 

21 to the Director, through the Inspector General, a 

22 statement of the employee’s complaint or informa23 tion and notice of the employee’s intent to contact 

24 the intelligence committees directly; and 


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1 ‘‘(bb)(AA) obtains and follows from the Direc2 tor, through the Inspector General, procedural direc3 tion on how to contact the intelligence committees in 

4 accordance with appropriate security practices; or 

5 ‘‘(BB) obtains and follows such procedural di6 rection from the applicable security officer appointed 

7 under section 8H(h) of the Inspector General Act of 

8 1978 (5 U.S.C. App.). 

9 ‘‘(II) If an employee seeks procedural direction under 

10 subclause (I)(bb) and does not receive such procedural di11 rection within 30 days, or receives insufficient direction 

12 to report to Congress a complaint or information, the em13 ployee may contact the congressional intelligence commit14 tees directly without obtaining or following the procedural 

15 direction otherwise required under such subclause.’’; 

16 (B) by redesignating clause (iii) as clause 

17 (iv); and 

18 (C) by inserting after clause (ii) the fol19 lowing: 

20 ‘‘(iii) An employee of the Agency who intends to re21 port to Congress a complaint or information may report 

22 such complaint or information to— 

23 ‘‘(I) the Chairman and Vice Chairman of the 

24 Select Committee on Intelligence of the Senate, a 

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1 ignated for purposes of receiving complaints or in2 formation under this section, or a member of the 

3 majority staff and a member of the minority staff of 

4 the committee; or 

5 ‘‘(II) the Chairman and Ranking Member of 

6 the Permanent Select Committee on Intelligence of 

7 the House of Representatives, a nonpartisan member 

8 of the committee staff designated for purposes of re9 ceiving complaints or information under this section, 

10 or a member of the majority staff and a member of 

11 the minority staff of the committee.’’. 

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 subparagraph 

19 (D), an employee of the Agency who intends to report to 

20 Congress a complaint or information may report such 

21 complaint or information directly to Congress, regardless 

22 of whether the complaint or information is with respect 

23 to an urgent concern— 

24 ‘‘(A) in lieu of reporting such complaint or in25 formation under clause (i); or 


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1 ‘‘(B) in addition to reporting such complaint or 

2 information under clause (i).’’. 

3 SEC. 322. DEFINITIONS AND AUTHORITIES REGARDING 

4 WHISTLEBLOWER COMPLAINTS AND INFOR5 MATION OF URGENT CONCERN RECEIVED BY 

6 INSPECTORS GENERAL OF THE INTEL7 LIGENCE COMMUNITY. 

8 (a) DEFINITION OF URGENT CONCERN.— 

9 (1) NATIONAL SECURITY ACT OF 1947.—Section 

10 103H(k)(5)(G)(i) of the National Security Act of 

11 1947 (50 U.S.C. 3033(k)(5)(G)(i)) is amended by 

12 striking ‘‘within the’’ and all that follows through 

13 ‘‘policy matters.’’ and inserting the following: ‘‘of the 

14 Federal Government that is— 

15 ‘‘(I) a matter of national security; and 

16 ‘‘(II) not a difference of opinion concerning 

17 public policy matters.’’. 

18 (2) INSPECTOR GENERAL ACT OF 1978.—Para19 graph (1)(A) of subsection (i) of section 8H of the 

20 Inspector General Act of 1978 (5 U.S.C. App.), as 

21 redesignated by section 321(a)(1)(A), is amended by 

22 striking ‘‘involving’’ and all that follows through 

23 ‘‘policy matters.’’ and inserting the following: ‘‘of the 

24 Federal Government that is— 

25 ‘‘(i) a matter of national security; and 


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1 ‘‘(ii) not a difference of opinion con2 cerning public policy matters.’’. 

3 (3) CENTRAL INTELLIGENCE AGENCY ACT OF

4 1949.—Section 17(d)(5)(G)(i)(I) of the Central Intel5 ligence Agency Act of 1949 (50 U.S.C. 

6 3517(d)(5)(G)(i)(I)) is amended by striking ‘‘involv7 ing’’ and all that follows through ‘‘policy matters.’’ 

8 and inserting the following: ‘‘of the Federal Govern9 ment that is— 

10 ‘‘(aa) a matter of national security; 

11 and 

12 ‘‘(bb) not a difference of opinion con13 cerning public policy matters.’’. 

14 (b) AUTHORITY OF INSPECTORS GENERAL.— 

15 (1) SCOPE OF AUTHORITY OF INSPECTOR GEN16 ERAL OF THE INTELLIGENCE COMMUNITY.—Section 

17 103H(k)(5) of the National Security Act of 1947 

18 (50 U.S.C. 3033(k)(5)) is amended by adding at the 

19 end the following: 

20 ‘‘(J) The Inspector General shall have authority over 

21 any complaint or information submitted to the Inspector 

22 General from an employee, detailee, or contractor, or 

23 former employee, detailee, or contractor, of the intelligence 

24 community.’’. 


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1 (2) AUTHORITY OF INSPECTOR GENERAL OF

2 THE INTELLIGENCE COMMUNITY TO DETERMINE

3 MATTERS OF URGENT CONCERN.—Section 

4 103H(k)(5)(G) of such Act (50 U.S.C. 

5 3033(k)(5)(G)) is amended— 

6 (A) in clause (i), as amended by subsection 

7 (a)(1), by resdesignating subclauses (I) and (II) 

8 as items (aa) and (bb), respectively; 

9 (B) by redesignating clauses (i), (ii), and 

10 (iii) as subclauses (I), (II), and (III), respec11 tively; 

12 (C) in the matter before subclause (I), as 

13 redesignated by subparagraph (B), by inserting 

14 ‘‘(i)’’ before ‘‘In this’’; and 

15 (D) by adding at the end the following: 

16 ‘‘(ii) The Inspector General shall have sole authority 

17 to determine whether any complaint or information re18 ported to the Inspector General is a matter of urgent con19 cern under this paragraph.’’. 

20 (3) AUTHORITY OF INSPECTORS GENERAL TO

21 DETERMINE MATTERS OF URGENT CONCERN.—Sub22 section (i) of section 8H of the Inspector General 

23 Act of 1978 (5 U.S.C. App.), as redesignated by sec24 tion 321(a)(1)(A), is amended— 

25 (A) in paragraph (1)— 


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1 (i) in subparagraph (A), as amended 

2 by subsection (a)(2), by redesignating 

3 clauses (i) and (ii) as subclauses (I) and 

4 (II), respectively; and 

5 (ii) by redesignating paragraphs (A), 

6 (B), and (C) and clauses (i), (ii), and (iii), 

7 respectively; 

8 (B) by redesignating paragraphs (1) and 

9 (2) as subparagraphs (A) and (B), respectively; 

10 (C) in the matter before subparagraph (A), 

11 as redesignated by subparagraph (B), by insert12 ing ‘‘(1)’’ before ‘‘In this’’; and 

13 (D) by adding at the end the following: 

14 ‘‘(2) The Inspector General shall have sole authority 

15 to determine whether any complaint or information re16 ported to the Inspector General is a matter of urgent con17 cern under this section.’’. 

18 (4) AUTHORITY OF INSPECTOR GENERAL OF

19 CENTRAL INTELLIGENCE AGENCY TO DETERMINE

20 MATTERS OF URGENT CONCERN.—Section 

21 17(d)(5)(G) of the Central Intelligence Agency Act 

22 of 1949 (50 U.S.C. 3517(d)(5)(G)) is amended— 

23 (A) in clause (i)— 

24 (i) in subclause (I), as amended by 

25 subsection (a)(3), by redesignating items 


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1 (aa) and (bb) as subitems (AA) and (BB), 

2 respectively; and 

3 (ii) by redesignating subclauses (I), 

4 (II), and (III) as items (aa), (bb), and 

5 (cc), respectively; 

6 (B) by redesignating clauses (i) and (ii) as 

7 subclauses (I) and (II), respectively; and 

8 (C) in the matter before clause (I), as re9 designated by subparagraph (B), by inserting 

10 ‘‘(i)’’ before ‘‘In this’’; and 

11 (D) by adding at the end the following: 

12 ‘‘(ii) The Inspector General shall have sole authority 

13 to determine whether any complaint or information re14 ported to the Inspector General is a matter of urgent con15 cern under this paragraph.’’. 

16 SEC. 323. HARMONIZATION OF WHISTLEBLOWER PROTEC17 TIONS. 

18 (a) PROHIBITED PERSONNEL PRACTICES IN THE IN19 TELLIGENCE COMMUNITY.— 

20 (1) THREATS RELATING TO PERSONNEL AC21 TIONS.— 

22 (A) AGENCY EMPLOYEES.—Section 

23 1104(b) of the National Security Act of 1947 

24 (50 U.S.C. 3234(b)) is amended, in the matter 

25 preceding paragraph (1), by inserting ‘‘, or 


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1 threaten to take or fail to take,’’ after ‘‘take or 

2 fail to take’’. 

3 (B) CONTRACTOR EMPLOYEES.—Section 

4 1104(c)(1) of such Act (50 U.S.C. 3234(c)(1)) 

5 is amended, in the matter preceding subpara6 graph (A), by inserting ‘‘, or threaten to take 

7 or fail to take,’’ after ‘‘take or fail to take’’. 

8 (2) PROTECTION FOR CONTRACTOR EMPLOYEES

9 AGAINST REPRISAL FROM AGENCY EMPLOYEES.— 

10 Section 1104(c)(1) of such Act (50 U.S.C. 

11 3234(c)(1)), as amended by paragraph (1)(B) of 

12 this subsection, is further amended, in the matter 

13 preceding subparagraph (A), by inserting ‘‘of an 

14 agency or’’ after ‘‘Any employee’’. 

15 (3) ENFORCEMENT.—Subsection (d) of section 

16 1104 of such Act (50 U.S.C. 3234) is amended to 

17 read as follows: 

18 ‘‘(d) ENFORCEMENT.—The President shall provide 

19 for the enforcement of this section consistent, to the fullest 

20 extent possible, with the policies and procedures used to 

21 adjudicate alleged violations of section 2302(b)(8) of title 

22 5, United States Code.’’. 

23 (b) RETALIATORY REVOCATION OF SECURITY

24 CLEARANCES AND ACCESS DETERMINATIONS.— 


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1 (1) ENFORCEMENT.—Section 3001(j) of the In2 telligence Reform and Terrorism Prevention Act of 

3 2004 (50 U.S.C. 3341(j)) is amended— 

4 (A) by redesignating paragraph (8) as 

5 paragraph (9); and 

6 (B) by inserting after paragraph (7) the 

7 following: 

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

10 for the enforcement of this section consistent, to the 

11 fullest extent possible, with the policies and proce12 dures used to adjudicate alleged violations of section 

13 2302(b)(8) of title 5, United States Code.’’. 

14 (2) ELIMINATION OF DEADLINE FOR APPEAL

15 OF PROHIBITED REPRISAL.—Section 3001(j)(4)(A) 

16 of such Act (50 U.S.C. 3341(j)(4)(A)) is amended 

17 by striking ‘‘within 90 days’’. 

18 (3) ELIMINATION OF CAP ON COMPENSATORY

19 DAMAGES.—Section 3001(j)(4)(B) of such Act (50 

20 U.S.C. 3341(j)(4)(B)) is amended, in the second 

21 sentence, by striking ‘‘not to exceed $300,000’’. 

22 (4) ESTABLISHING PROCESS PARITY FOR AD23 VERSE SECURITY CLEARANCE AND ACCESS DETER24 MINATIONS.—Subparagraph (C) of section 


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1 3001(j)(4) of such Act (50 U.S.C. 3341(j)(4)) is 

2 amended to read as follows: 

3 ‘‘(C) BURDENS OF PROOF.— 

4 ‘‘(i) IN GENERAL.—Subject to clause 

5 (iii), in determining whether the adverse 

6 security clearance or access determination 

7 violated paragraph (1), the agency shall 

8 find that paragraph (1) was violated if the 

9 individual has demonstrated that a disclo10 sure described in paragraph (1) was a con11 tributing factor in the adverse security 

12 clearance or access determination taken 

13 against the individual. 

14 ‘‘(ii) CIRCUMSTANTIAL EVIDENCE.— 

15 An individual under clause (i) may dem16 onstrate that the disclosure was a contrib17 uting factor in the adverse security clear18 ance or access determination taken against 

19 the individual through circumstantial evi20 dence, such as evidence that— 

21 ‘‘(I) the official making the de22 termination knew of the disclosure; 

23 and 

24 ‘‘(II) the determination occurred 

25 within a period such that a reasonable 


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1 person could conclude that the disclo2 sure was a contributing factor in the 

3 determination. 

4 ‘‘(iii) DEFENSE.—In determining 

5 whether the adverse security clearance or 

6 access determination violated paragraph 

7 (1), the agency shall not find that para8 graph (1) was violated if, after a finding 

9 that a disclosure was a contributing factor, 

10 the agency demonstrates by clear and con11 vincing evidence that it would have made 

12 the same security clearance or access de13 termination in the absence of such disclo14 sure.’’. 

15 (c) CORRECTION OF DEFINITION OF AGENCY.—Sec16 tion 3001(a)(1)(B) of the Intelligence Reform and Ter17 rorism Prevention Act of 2004 (50 U.S.C. 3341(a)(1)(B)) 

18 is amended by striking ‘‘and’’ and inserting ‘‘or’’. 

19 (d) ESTABLISHING CONSISTENCY WITH RESPECT TO

20 PROTECTIONS FOR DISCLOSURES OF MISMANAGE21 MENT.— 

22 (1) SECURITY CLEARANCE AND ACCESS DETER23 MINATIONS.—Section 3001(j)(1) of the Intelligence 

24 Reform and Terrorism Prevention Act of 2004 (50 

25 U.S.C. 3341(j)(1)) is amended— 


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1 (A) in subparagraph (A)(ii), by striking 

2 ‘‘gross mismanagement’’ and inserting ‘‘mis3 management’’; and 

4 (B) in subparagraph (B)(ii), by striking 

5 ‘‘gross mismanagement’’ and inserting ‘‘mis6 management’’. 

7 (2) PERSONNEL ACTIONS AGAINST CON8 TRACTOR EMPLOYEES.—Section 1104(c)(1)(B) of 

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

10 3234(c)(1)(B)) is amended by striking ‘‘gross mis11 management’’ and inserting ‘‘mismanagement’’. 

12 (e) PROTECTED DISCLOSURES TO SUPERVISORS.— 

13 (1) PERSONNEL ACTIONS.— 

14 (A) DISCLOSURES BY AGENCY EMPLOYEES

15 TO SUPERVISORS.—Section 1104(b) of the Na16 tional Security Act of 1947 (50 U.S.C. 

17 3234(b)), as amended by subsection (a)(1)(A), 

18 is further amended, in the matter preceding 

19 paragraph (1), by inserting ‘‘a supervisor in the 

20 employee’s direct chain of command, or a su21 pervisor of the employing agency with responsi22 bility for the subject matter of the disclosure, 

23 up to and including’’ before ‘‘the head of the 

24 employing agency’’. 


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1 (B) DISCLOSURES BY CONTRACTOR EM2 PLOYEES TO SUPERVISORS.—Section 

3 1104(c)(1) of such Act (50 U.S.C. 3234(c)(1)), 

4 as amended by subsection (a), is further 

5 amended, in the matter preceding subparagraph 

6 (A), by inserting ‘‘a supervisor in the contractor 

7 employee’s direct chain of command up to and 

8 including’’ before ‘‘the head of the contracting 

9 agency’’. 

10 (2) SECURITY CLEARANCE AND ACCESS DETER11 MINATIONS.—Section 3001(j)(1)(A) of the Intel12 ligence Reform and Terrorism Prevention Act of 

13 2004 (50 U.S.C. 3341(j)(1)(A)) is amended, in the 

14 matter preceding clause (i), by inserting ‘‘a super15 visor in the employee’s direct chain of command, or 

16 a supervisor of the employing agency with responsi17 bility for the subject matter of the disclosure, up to 

18 and including’’ before ‘‘the head of the employing 

19 agency’’. 

20 (f) ESTABLISHING PARITY FOR PROTECTED DISCLO21 SURES.—Section 1104 of the National Security Act of 

22 1947 (50 U.S.C. 3234) is amended— 

23 (1) in subsection (b), as amended by sub24 sections (a)(1)(A) and (e)(1)(A)— 


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1 (A) by redesignating paragraphs (1) and 

2 (2) as subparagraphs (A) and (B), respectively, 

3 and moving such subparagraphs, as so redesig4 nated, 2 ems to the right; 

5 (B) in the matter preceding subparagraph 

6 (A), as redesignated and moved by subpara7 graph (B) of this paragraph, by striking ‘‘for a 

8 lawful disclosure’’ and inserting the following: 

9 ‘‘for— 

10 ‘‘(1) any lawful disclosure’’; and 

11 (C) by adding at the end the following: 

12 ‘‘(2) any lawful disclosure that complies with— 

13 ‘‘(A) subsections (a)(1), (d), and (g) of 

14 section 8H of the Inspector General Act of 

15 1978 (5 U.S.C. App.); 

16 ‘‘(B) subparagraphs (A), (D), and (H) of 

17 section 17(d)(5) of the Central Intelligence 

18 Agency Act of 1949 (50 U.S.C. 3517(d)(5)); or 

19 ‘‘(C) subparagraphs (A), (D), and (I) of 

20 section 103H(k)(5); or 

21 ‘‘(3) if the actions do not result in the employee 

22 unlawfully disclosing information specifically re23 quired by Executive order to be kept classified in the 

24 interest of national defense or the conduct of foreign 

25 affairs, any lawful disclosure in conjunction with— 


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1 ‘‘(A) the exercise of any appeal, complaint, 

2 or grievance right granted by any law, rule, or 

3 regulation; 

4 ‘‘(B) testimony for or otherwise lawfully 

5 assisting any individual in the exercise of any 

6 right referred to in subparagraph (A); or 

7 ‘‘(C) cooperation with or disclosing infor8 mation to the Inspector General of an agency, 

9 in accordance with applicable provisions of law 

10 in connection with an audit, inspection, or in11 vestigation conducted by the Inspector Gen12 eral.’’; and 

13 (2) in subsection (c)(1), as amended by sub14 sections (a) and (e)(1)(B)— 

15 (A) by redesignating subparagraphs (A) 

16 and (B) as clauses (i) and (ii), respectively, and 

17 moving such clauses, as so redesignated, 2 ems 

18 to the right; 

19 (B) in the matter preceding clause (i), as 

20 redesignated and moved by subparagraph (B) 

21 of this paragraph, by striking ‘‘for a lawful dis22 closure’’ and inserting the following: ‘‘for— 

23 ‘‘(A) any lawful disclosure’’; and 

24 (C) by adding at the end the following: 

25 ‘‘(B) any lawful disclosure that complies with— 


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1 ‘‘(i) subsections (a)(1), (d), and (g) of sec2 tion 8H of the Inspector General Act of 1978 

3 (5 U.S.C. App.); 

4 ‘‘(ii) subparagraphs (A), (D), and (H) of 

5 section 17(d)(5) of the Central Intelligence 

6 Agency Act of 1949 (50 U.S.C. 3517(d)(5)); or 

7 ‘‘(iii) subparagraphs (A), (D), and (I) of 

8 section 103H(k)(5); or 

9 ‘‘(C) if the actions do not result in the con10 tractor employee unlawfully disclosing information 

11 specifically required by Executive order to be kept 

12 classified in the interest of national defense or the 

13 conduct of foreign affairs, any lawful disclosure in 

14 conjunction with— 

15 ‘‘(i) the exercise of any appeal, complaint, 

16 or grievance right granted by any law, rule, or 

17 regulation; 

18 ‘‘(ii) testimony for or otherwise lawfully as19 sisting any individual in the exercise of any 

20 right referred to in clause (i); or 

21 ‘‘(iii) cooperation with or disclosing infor22 mation to the Inspector General of an agency, 

23 in accordance with applicable provisions of law 

24 in connection with an audit, inspection, or inVerDate Sep 11 2014 01:11 Aug 05, 2021 Jkt 019200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S2610.PCS S2610

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1 vestigation conducted by the Inspector Gen2 eral.’’. 

3 (g) CLARIFICATION RELATING TO PROTECTED DIS4 CLOSURES.—Section 1104 of the National Security Act of 

5 1947 (50 U.S.C. 3234) is amended— 

6 (1) by redesignating subsections (d) and (e) as 

7 subsections (f) and (g), respectively; and 

8 (2) by inserting after subsection (c) the fol9 lowing: 

10 ‘‘(d) RULE OF CONSTRUCTION.—Consistent with the 

11 protection of sources and methods, nothing in subsection 

12 (b) or (c) shall be construed to authorize— 

13 ‘‘(1) the withholding of information from Con14 gress; or 

15 ‘‘(2) the taking of any personnel action against 

16 an employee who lawfully discloses information to 

17 Congress. 

18 ‘‘(e) DISCLOSURES.—A disclosure shall not be ex19 cluded from this section because— 

20 ‘‘(1) the disclosure was made to an individual, 

21 including a supervisor, who participated in an activ22 ity that the employee reasonably believed to be cov23 ered under subsection (b)(1)(B) or the contractor 

24 employee reasonably believed to be covered under 

25 subsection (c)(1)(A)(ii); 


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1 ‘‘(2) the disclosure revealed information that 

2 had been previously disclosed; 

3 ‘‘(3) the disclosure was not made in writing; 

4 ‘‘(4) the disclosure was made while the em5 ployee was off duty; 

6 ‘‘(5) of the amount of time which has passed 

7 since the occurrence of the events described in the 

8 disclosure; or 

9 ‘‘(6) the disclosure was made during the normal 

10 course of duties of an employee or contractor em11 ployee.’’. 

12 (h) CORRECTION RELATING TO NORMAL COURSE

13 DISCLOSURES.—Section 3001(j)(3) of the Intelligence Re14 form and Terrorism Prevention Act of 2004 (50 U.S.C. 

15 3341(j)(3)) is amended— 

16 (1) by striking ‘‘DISCLOSURES.—’’ and all that 

17 follows through ‘‘because—’’ and inserting ‘‘DISCLO18 SURES.—A disclosure shall not be excluded from 

19 paragraph (1) because—’’; 

20 (2) by striking subparagraph (B); 

21 (3) by redesignating clauses (i) through (v) as 

22 subparagraphs (A) through (E), respectively, and 

23 moving such subparagraphs, as so redesignated, 2 

24 ems to the left; 


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1 (4) in subparagraph (D), as so redesignated, by 

2 striking ‘‘or’’ at the end; 

3 (5) in subparagraph (E), as redesignated by 

4 paragraph (3), by striking the period at the end and 

5 inserting ‘‘; or’’; and 

6 (6) by adding at the end the following: 

7 ‘‘(F) the disclosure was made during the 

8 normal course of duties of an employee.’’. 

9 (i) CLARIFICATION RELATING TO RULE OF CON10 STRUCTION.—Section 3001(j)(2) of the Intelligence Re11 form and Terrorism Prevention Act of 2004 (50 U.S.C. 

12 3341(j)(2)) is amended by inserting ‘‘or clearance action’’ 

13 after ‘‘personnel action’’. 

14 (j) CLARIFICATION RELATING TO PROHIBITED PRAC15 TICES.— 

16 (1) INTELLIGENCE REFORM AND TERRORISM

17 PREVENTION ACT OF 2004.—Section 3001(j)(1) of 

18 the Intelligence Reform and Terrorism Prevention 

19 Act of 2004 (50 U.S.C. 3341(j)(1)), as amended by 

20 this section, is further amended by striking ‘‘over’’ 

21 and inserting ‘‘to take, materially impact, direct oth22 ers to take, recommend, or approve’’. 

23 (2) NATIONAL SECURITY ACT OF 1947.— 

24 (A) AGENCY EMPLOYEES.—Section 

25 1104(b) of the National Security Act of 1947 


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1 (50 U.S.C. 3234(b)), as amended by this sec2 tion, is further amended by inserting ‘‘materi3 ally impact,’’ after ‘‘authority to take,’’ 

4 (B) CONTRACTOR EMPLOYEES.—Section 

5 1104(c)(1) of such Act (50 U.S.C. 3234(c)(1)), 

6 as amended by this section, is further amended 

7 by inserting ‘‘materially impact,’’ after ‘‘author8 ity to take,’’. 

9 (k) TECHNICAL CORRECTION.—Section 

10 3001(j)(1)(C)(i) of the Intelligence Reform and Terrorism 

11 Prevention Act of 2004 (50 U.S.C. 3341(j)(1)(C)(i)) is 

12 amended by striking ‘‘(h)’’ and inserting ‘‘(g)’’. 

13 (l) REPORT REQUIRED.—Not later than 180 days 

14 after the date of the enactment of this Act, the Inspector 

15 General of the Intelligence Community shall submit to the 

16 congressional intelligence committees a report assessing 

17 the extent to which protections provided under Presi18 dential Policy Directive 19 (relating to protecting whistle19 blowers with access to classified information) have been 

20 codified in statutes. 


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1 SEC. 324. PROHIBITION AGAINST DISCLOSURE OF WHIS2 TLEBLOWER IDENTITY AS REPRISAL 

3 AGAINST WHISTLEBLOWER DISCLOSURE BY 

4 EMPLOYEES AND CONTRACTORS IN INTEL5 LIGENCE COMMUNITY. 

6 (a) IN GENERAL.—Section 1104 of the National Se7 curity Act of 1947 (50 U.S.C. 3234) is amended— 

8 (1) in subsection (a)(3) of such section— 

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

10 and inserting a semicolon; 

11 (B) by redesignating subparagraph (J) as 

12 subparagraph (K); and 

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

14 following: 

15 ‘‘(J) a knowing and willful disclosure re16 vealing the identity or other personally identifi17 able information of an employee or contractor 

18 employee; or’’; 

19 (2) by redesignating subsections (f) and (g), as 

20 redesignated by section 323(g)(1), as subsections (g) 

21 and (h), respectively; and 

22 (3) by inserting after subsection (e), as added 

23 by section 323(g)(2), the following: 

24 ‘‘(f) PERSONNEL ACTIONS INVOLVING DISCLOSURES

25 OF WHISTLEBLOWER IDENTITY.—A personnel action de26 scribed in subsection (a)(3)(J) shall not be considered in 


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1 violation of subsection (b) or (c) under the following cir2 cumstances: 

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

4 express consent of the employee or contractor em5 ployee. 

6 ‘‘(2) An Inspector General with oversight re7 sponsibility for a covered intelligence community ele8 ment determines that— 

9 ‘‘(A) the personnel action was unavoidable 

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

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

12 the Central Intelligence Agency Act of 1949 (50 

13 U.S.C. 3517(e)(3)(A)), or section 8M(b)(2)(B) 

14 of the Inspector General Act of 1978 (5 U.S.C. 

15 App.); 

16 ‘‘(B) the personnel action was made to an 

17 official of the Department of Justice responsible 

18 for determining whether a prosecution should 

19 be undertaken; or 

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

21 statute or an order from a court of competent 

22 jurisdiction.’’. 

23 (b) APPLICABILITY TO DETAILEES.—Subsection (a) 

24 of section 1104 of such Act (50 U.S.C. 3234) is amended 

25 by adding at the end the following: 


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

2 respect to an agency or a covered intelligence com3 munity element, includes an individual who has been 

4 detailed to such agency or covered intelligence com5 munity element.’’. 

6 (c) PRIVATE RIGHT OF ACTION FOR UNLAWFUL DIS7 CLOSURE OF WHISTLEBLOWER IDENTITY.—Subsection 

8 (g) of such section, as amended by subsection (a)(3) of 

9 section 323(a)(3), redesignated by subsection (g)(1) of 

10 such section, and further redesignated by subsection 

11 (a)(2) of this section, is amended to read as follows: 

12 ‘‘(g) ENFORCEMENT.— 

13 ‘‘(1) IN GENERAL.—Except as otherwise pro14 vided in this subsection, the President shall provide 

15 for the enforcement of this section. 

16 ‘‘(2) HARMONIZATION WITH OTHER ENFORCE17 MENT.—To the fullest extent possible, the President 

18 shall provide for enforcement of this section in a 

19 manner that is consistent with the enforcement of 

20 section 2302(b)(8) of title 5, United States Code, es21 pecially with respect to policies and procedures used 

22 to adjudicate alleged violations of such section. 

23 ‘‘(3) PRIVATE RIGHT OF ACTION FOR DISCLO24 SURES OF WHISTLEBLOWER IDENTITY IN VIOLATION

25 OF PROHIBITION AGAINST REPRISALS.—Subject to 


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

2 agency takes a personnel action described in sub3 section (a)(3)(J) against an employee of a covered 

4 intelligence community element as a reprisal in vio5 lation of subsection (b) or in a case in which an em6 ployee or contractor employee takes a personnel ac7 tion described in subsection (a)(3)(J) against an8 other contractor employee as a reprisal in violation 

9 of subsection (c), the employee or contractor em10 ployee against whom the personnel action was taken 

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

12 States Code, bring a private action for all appro13 priate remedies, including injunctive relief and com14 pensatory and punitive damages, in an amount not 

15 to exceed $250,000, against the agency of the em16 ployee or contracting agency of the contractor em17 ployee who took the personnel action, in a Federal 

18 district court of competent jurisdiction. 

19 ‘‘(4) REQUIREMENTS.— 

20 ‘‘(A) REVIEW BY INSPECTOR GENERAL

21 AND BY EXTERNAL REVIEW PANEL.—Before 

22 the employee or contractor employee may bring 

23 a private action under paragraph (3), the em24 ployee or contractor employee shall exhaust ad25 ministrative remedies by— 


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

2 their claim by requesting review of the ap3 propriate inspector general; and 

4 ‘‘(ii) second, submitting to the Inspec5 tor General of the Intelligence Community 

6 a request for a review of the claim by an 

7 external review panel under section 1106. 

8 ‘‘(B) PERIOD TO BRING ACTION.—The em9 ployee or contractor employee may bring a pri10 vate right of action under paragraph (3) during 

11 the 180-day period beginning on the date on 

12 which the employee or contractor employee is 

13 notified of the final disposition of their claim 

14 under section 1106.’’. 

15 Subtitle C—Reports and Assess16 ments Pertaining to the Intel17 ligence Community 

18 SEC. 331. REPORT ON EFFORTS TO BUILD AN INTEGRATED 

19 HYBRID SPACE ARCHITECTURE. 

20 (a) DEFINITION OF APPROPRIATE COMMITTEES OF

21 CONGRESS.—In this section, the term ‘‘appropriate com22 mittees of Congress’’ means— 

23 (1) the congressional intelligence committees; 

24 (2) the Committee on Armed Services and the 

25 Committee on Appropriations of the Senate; and 


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1 (3) the Committee on Armed Services and the 

2 Committee on Appropriations of the House of Rep3 resentatives. 

4 (b) REPORT REQUIRED.—Not later than 180 days 

5 after the date of the enactment of this Act, and annually 

6 for 2 years thereafter, the Director of National Intel7 ligence, in coordination with the Under Secretary of De8 fense for Intelligence and Security and the Director of the 

9 National Reconnaissance Office, shall submit to the appro10 priate committees of Congress a report on the efforts of 

11 the intelligence community to build an integrated hybrid 

12 space architecture that combines national and commercial 

13 capabilities and large and small satellites. 

14 (c) ELEMENTS.—The report required by subsection 

15 (b) shall include the following: 

16 (1) An assessment of how the integrated hybrid 

17 space architecture approach is being realized in the 

18 overhead architecture of the National Reconnais19 sance Office. 

20 (2) An assessment of the benefits to the mis21 sion of the National Reconnaissance Office and the 

22 cost of integrating capabilities from smaller, pro23 liferated satellites and data from commercial sat24 ellites with the national technical means architec25 ture. 


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1 SEC. 332. REPORT ON PROJECT MAVEN TRANSITION. 

2 (a) DEFINITION OF APPROPRIATE COMMITTEES OF

3 CONGRESS.—In this section, the term ‘‘appropriate com4 mittees of Congress’’ means— 

5 (1) the congressional intelligence committees; 

6 (2) the Committee on Armed Services and the 

7 Committee on Appropriations of the Senate; and 

8 (3) the Committee on Armed Services and the 

9 Committee on Appropriations of the House of Rep10 resentatives. 

11 (b) REPORT REQUIRED.—Not later than 120 days 

12 after the date of the enactment of this Act, the Director 

13 of the National Geospatial-Intelligence Agency, in con14 sultation with such other Federal Government entities as 

15 the Director considers appropriate, shall submit to the ap16 propriate committees of Congress a report on the transi17 tion of Project Maven to operational mission support. 

18 (c) PLAN OF ACTION AND MILESTONES.—The report 

19 required by subsection (b) shall include a detailed plan of 

20 action and milestones that identifies— 

21 (1) the milestones and decision points leading 

22 up to the transition of successful geospatial intel23 ligence capabilities developed under Project Maven 

24 to the National Geospatial-Intelligence Agency; and 

25 (2) the metrics of success regarding the transi26 tion described in paragraph (1) and mission support 


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1 provided to the National Geospatial-Intelligence 

2 Agency for each of fiscal years 2022 and 2023. 

3 (d) FORM.—The report required by subsection (b) 

4 shall be submitted in unclassified form, but may include 

5 a classified annex. 

6 SEC. 333. ASSESSMENT OF INTELLIGENCE COMMUNITY 

7 COUNTERNARCOTICS CAPABILITIES. 

8 (a) ASSESSMENT REQUIRED.—Not later than 120 

9 days after the date of the enactment of this Act, the Direc10 tor of National Intelligence shall, in consultation with such 

11 other Federal Government entities as the Director con12 siders appropriate, submit to the congressional intelligence 

13 committees an assessment on the status of the intelligence 

14 community’s— 

15 (1) counternarcotics capabilities and resourcing 

16 with regard to intelligence collection and analysis; 

17 (2) operational support to foreign liaison part18 ners; and 

19 (3) operational capacity to support the counter20 narcotics mission of the Federal Government. 

21 (b) FORM.—The assessment required by subsection 

22 (a) shall be submitted in unclassified form, but may in23 clude a classified annex. 


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1 SEC. 334. ASSESSMENT OF INTELLIGENCE COMMUNITY’S 

2 INTELLIGENCE-SHARING RELATIONSHIPS 

3 WITH LATIN AMERICAN PARTNERS IN COUN4 TERNARCOTICS. 

5 (a) ASSESSMENT REQUIRED.—Not later than 120 

6 days after the date of the enactment of this Act, the Direc7 tor of National Intelligence shall, in consultation with such 

8 other Federal Government entities as the Director con9 siders appropriate, submit to the congressional intelligence 

10 committees an assessment on the intelligence-sharing rela11 tionships of the intelligence community with foreign part12 ners in Latin America on counternarcotics matters. 

13 (b) FORM.—The assessment required by subsection 

14 (a) shall be submitted in unclassified form, but may in15 clude a classified annex. 

16 SEC. 335. REPORT ON UNITED STATES SOUTHERN COM17 MAND INTELLIGENCE CAPABILITIES. 

18 (a) DEFINITION OF APPROPRIATE COMMITTEES OF

19 CONGRESS.—In this section, the term ‘‘appropriate com20 mittees of Congress’’ means— 

21 (1) the congressional intelligence committees; 

22 (2) the Committee on Armed Services and the 

23 Committee on Appropriations of the Senate; and 

24 (3) the Committee on Armed Services and the 

25 Committee on Appropriations of the House of Rep26 resentatives. 


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1 (b) REPORT REQUIRED.—Not later than 120 days 

2 after the date of the enactment of this Act, the Director 

3 of the Defense Intelligence Agency, in consultation with 

4 such other Federal Government entities as the Director 

5 considers relevant, shall submit to the appropriate com6 mittees of Congress a report detailing the status of United 

7 States Southern Command’s intelligence collection, anal8 ysis, and operational capabilities to support Latin Amer9 ica-based missions. 

10 (c) FORM.—The report required by subsection (b) 

11 shall be submitted in unclassified form, but may include 

12 a classified annex. 

13 SEC. 336. DIRECTOR OF NATIONAL INTELLIGENCE REPORT 

14 ON TRENDS IN TECHNOLOGIES OF STRA15 TEGIC IMPORTANCE TO UNITED STATES. 

16 (a) IN GENERAL.—Not less frequently than once 

17 every 2 years until the date that is 4 years after the date 

18 of the enactment of this Act, the Director of National In19 telligence shall submit to Congress a report assessing com20 mercial and foreign trends in technologies the Director 

21 considers of strategic importance to the national and eco22 nomic security of the United States. 

23 (b) CONTENTS.—The report required by subsection 

24 (a) shall include the following: 


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1 (1) A list of the top technology focus areas that 

2 the Director considers to be of the most strategic 

3 importance to the United States. 

4 (2) A list of the top technology focus areas in 

5 which countries that are adversarial to the United 

6 States are poised to match or surpass the techno7 logical leadership of the United States. 

8 (c) FORM.—Each report submitted under subsection 

9 (a) may take the form of a National Intelligence Estimate 

10 and shall be submitted in classified form, but may include 

11 an unclassified summary. 

12 SEC. 337. REPORT ON NORD STREAM II COMPANIES AND IN13 TELLIGENCE TIES. 

14 (a) DEFINITION OF APPROPRIATE COMMITTEES OF

15 CONGRESS.—In this section, the term ‘‘appropriate com16 mittees of Congress’’ means— 

17 (1) the congressional intelligence committees; 

18 (2) the Committee on Armed Services, the 

19 Committee on Commerce, Science, and Transpor20 tation, the Committee on Banking, Housing, and 

21 Urban Affairs, the Committee on Foreign Relations, 

22 and the Committee on Appropriations of the Senate; 

23 and 

24 (3) the Committee on Armed Services, the 

25 Committee on Energy and Commerce, the ComVerDate Sep 11 2014 01:11 Aug 05, 2021 Jkt 019200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\S2610.PCS S2610

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1 mittee on Financial Services, the Committee on For2 eign Affairs, and the Committee on Appropriations 

3 of the House of Representatives. 

4 (b) REPORT REQUIRED.—Not later than 30 days 

5 after the date of the enactment of this Act, the Director 

6 of National Intelligence, in consultation with other appro7 priate Federal Government entities, shall submit to the 

8 appropriate committees of Congress a report on Nord 

9 Stream II efforts, including: 

10 (1) an unclassified list of all companies sup11 porting the Nord Stream II project; and 

12 (2) an updated assessment of current or former 

13 ties between Nord Stream’s Chief Executive Officer 

14 and Russian, East German, or other hostile intel15 ligence agencies. 

16 (c) FORM.—The report required under subsection (b) 

17 shall be submitted in unclassified form, but may include 

18 a classified annex, if necessary. 

19 SEC. 338. ASSESSMENT OF ORGANIZATION OF DEFENSIVE 

20 INNOVATION AND RESEARCH ACTIVITIES. 

21 (a) DEFINITION OF APPROPRIATE COMMITTEES OF

22 CONGRESS.—In this section, the term ‘‘appropriate com23 mittees of Congress’’ means— 

24 (1) the congressional intelligence committees; 


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1 (2) the Committee on Armed Services and the 

2 Committee on Appropriations of the Senate; and 

3 (3) the Committee on Armed Services and the 

4 Committee on Appropriations of the House of Rep5 resentatives. 

6 (b) ASSESSMENT REQUIRED.—Not later than 120 

7 days after the date of the enactment of this Act, the Direc8 tor of National Intelligence, in consultation with other ap9 propriate Federal Government entities, shall submit to the 

10 appropriate committees of Congress an assessment of the 

11 activities and objectives of the Organization of Defensive 

12 Innovation and Research (SPND). This assessment shall 

13 include information about the composition of the organiza14 tion, the relationship of its personnel to any research on 

15 weapons of mass destruction, and any sources of financial 

16 and material support that such organization receives, in17 cluding from the Government of Iran. 

18 (c) FORM.—The assessment required under sub19 section (b) shall be submitted in unclassified form, but 

20 may include a classified annex, if necessary. 

21 SEC. 339. REPORT ON INTELLIGENCE COMMUNITY SUP22 PORT TO VISAS MANTIS PROGRAM. 

23 (a) DEFINITION OF APPROPRIATE COMMITTEES OF

24 CONGRESS.—In this section, the term ‘‘appropriate com25 mittees of Congress’’ means— 


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1 (1) the congressional intelligence committees; 

2 (2) the Committee on Foreign Relations, the 

3 Committee on the Judiciary, and the Committee on 

4 Appropriations of the Senate; and 

5 (3) the Committee on Foreign Affairs, the 

6 Committee on the Judiciary, and the Committee on 

7 Appropriations of the House of Representatives. 

8 (b) REPORT.— 

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

10 after the date of the enactment of this Act, the Di11 rector of National Intelligence, in consultation with 

12 the head of any other appropriate Government enti13 ty, shall submit to the appropriate committees of 

14 Congress a report on intelligence matters relating to 

15 the Visas Mantis program, including efforts by— 

16 (A) the intelligence community to provide 

17 and plan for effective intelligence support to 

18 such program; and 

19 (B) hostile intelligence services to exploit 

20 such program or any other program by which 

21 visas for admission to the United States are 

22 issued. 

23 (2) FORM.—The report required by paragraph 

24 (1) shall be submitted in unclassified form but may 

25 include a classified annex, as necessary. 


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1 SEC. 340. PLAN FOR ARTIFICIAL INTELLIGENCE DIGITAL 

2 ECOSYSTEM. 

3 (a) IN GENERAL.—Not later than 1 year after the 

4 date of the enactment of this Act, the Director of National 

5 Intelligence shall— 

6 (1) develop a plan for the development and 

7 resourcing of a modern digital ecosystem that em8 braces state-of-the-art tools and modern processes to 

9 enable development, testing, fielding, and continuous 

10 updating of artificial intelligence-powered applica11 tions at speed and scale from headquarters to the 

12 tactical edge; and 

13 (2) submit to the Select Committee on Intel14 ligence of the Senate and the Permanent Select 

15 Committee on Intelligence of the House of Rep16 resentatives the plan developed under paragraph (1). 

17 (b) CONTENTS OF PLAN.—At a minimum, the plan 

18 required by subsection (a) shall include the following: 

19 (1) A roadmap for adopting a hoteling model to 

20 allow trusted small- and medium-sized artificial in21 telligence companies access to classified facilities on 

22 a flexible basis. 

23 (2) An open architecture and an evolving ref24 erence design and guidance for needed technical in25 vestments in the proposed ecosystem that address 

26 issues, including common interfaces, authentication, 


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1 applications, platforms, software, hardware, and 

2 data infrastructure. 

3 (3) A governance structure, together with asso4 ciated policies and guidance, to drive the implemen5 tation of the reference throughout the intelligence 

6 community on a federated basis. 

7 (4) Recommendations to ensure that use of ar8 tificial intelligence and associated data in Federal 

9 Government operations comport with rights relating 

10 to freedom of expression, equal protection, privacy, 

11 and due process. 

12 (c) FORM.—The plan submitted under subsection 

13 (a)(2) shall be submitted in unclassified form, but may 

14 include a classified annex. 

15 SEC. 341. STUDY ON UTILITY OF EXPANDED PERSONNEL 

16 MANAGEMENT AUTHORITY. 

17 (a) DEFINITION OF APPROPRIATE COMMITTEES OF

18 CONGRESS.—In this section, the term ‘‘appropriate com19 mittees of Congress’’ means— 

20 (1) the congressional intelligence committees; 

21 (2) the Committee on Armed Services of the 

22 Senate; and 

23 (3) the Committee on Armed Services of the 

24 House of Representatives. 


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1 (b) IN GENERAL.—Not later than 180 days after the 

2 date of the enactment of this Act, the Under Secretary 

3 of Defense for Intelligence and Security and the Director 

4 of National Intelligence shall jointly submit to the appro5 priate committees of Congress a study on the utility of 

6 providing elements of the intelligence community of the 

7 Department of Defense, other than the National 

8 Geospatial-Intelligence Agency, personnel management 

9 authority to attract experts in science and engineering 

10 under section 1599h of title 10, United States Code. 

11 SEC. 342. ASSESSMENT OF ROLE OF FOREIGN GROUPS IN 

12 DOMESTIC VIOLENT EXTREMISM. 

13 (a) ASSESSMENT REQUIRED.—Not later than 180 

14 days after the date of the enactment of this Act, the Direc15 tor of National Intelligence shall— 

16 (1) complete an assessment to identify the role 

17 of foreign groups, including entities, adversaries, 

18 governments, or other groups, in domestic violent ex19 tremist activities in the United States; and 

20 (2) submit to the congressional intelligence 

21 committees the findings of the assessment completed 

22 under paragraph (1). 

23 (b) FORM.—The findings submitted under subsection 

24 (a)(2) shall be submitted in unclassified form, but may 

25 include a classified annex. 


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1 SEC. 343. REPORT ON THE ASSESSMENT OF ALL-SOURCE 

2 CYBER INTELLIGENCE INFORMATION, WITH 

3 AN EMPHASIS ON SUPPLY CHAIN RISKS. 

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

5 after the date of the enactment of this Act, the Director 

6 of National Intelligence shall submit to the congressional 

7 intelligence committees a report on the potential to 

8 strengthen all-source intelligence integration relating to 

9 foreign cyber threats, with an emphasis on cyber supply 

10 chain risks. 

11 (b) CONTENTS.—The report required under sub12 section (a) shall include the following: 

13 (1) An assessment of the effectiveness of the 

14 all-source cyber intelligence integration capabilities 

15 of the Office of the Director of National Intelligence 

16 and recommendations for such changes as the Direc17 tor considers necessary to strengthen those capabili18 ties. 

19 (2) An assessment of the effectiveness of the 

20 Office of the Director of National Intelligence in 

21 analyzing and reporting on cyber supply chain risks, 

22 including efforts undertaken by the National Coun23 terintelligence and Security Center. 

24 (3) Mitigation plans for any gaps or deficiencies 

25 identified in the assessments included under para26 graphs (1) and (2). 


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1 SEC. 344. REVIEW OF NATIONAL SECURITY AGENCY AND 

2 UNITED STATES CYBER COMMAND. 

3 (a) REVIEW REQUIRED.—Not later than 180 days 

4 after the date of the enactment of this Act, the Inspector 

5 General of the Intelligence Community and the Inspector 

6 General of the Department of Defense shall jointly com7 plete a review of the National Security Agency and the 

8 United States Cyber Command. 

9 (b) ELEMENTS.—The review required by subsection 

10 (a) shall include assessment of the following: 

11 (1) Whether resources, authorities, activities, 

12 missions, facilities, and personnel are appropriately 

13 being delineated and used to conduct the intelligence 

14 and cybersecurity missions at the National Security 

15 Agency as well as the cyber offense and defense mis16 sions of United States Cyber Command. 

17 (2) The extent to which current resource-shar18 ing arrangements between the National Security 

19 Agency and United States Cyber Command lead to 

20 conflicts of interest in directing intelligence collec21 tion in support of United States Cyber Command 

22 missions rather than foreign intelligence collection. 

23 (3) The intelligence analysis and production 

24 conducted by United States Cyber Command using 

25 National Security Agency authorities, with a focus 


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1 on analytic integrity and intelligence oversight to en2 sure proper analysis is informing mission operations. 

3 (c) REPORT AND BRIEF.—Not later than 180 days 

4 after the date of the enactment of this Act, the Inspector 

5 General of the Intelligence Community and the Inspector 

6 General of the Department of Defense shall jointly submit 

7 to the congressional intelligence committees and the con8 gressional defense committees (as defined in section 

9 101(a) of title 10, United States Code) a report and pro10 vide such committees a briefing on the findings of the in11 spectors general with respect to the review completed 

12 under subsection (a). 

13 SEC. 345. SUPPORT FOR AND OVERSIGHT OF UNIDENTI14 FIED AERIAL PHENOMENA TASK FORCE. 

15 (a) DEFINITIONS.—In this section: 

16 (1) APPROPRIATE COMMITTEES OF CON17 GRESS.—The term ‘‘appropriate committees of Con18 gress’’ includes: 

19 (A) The congressional intelligence commit20 tees. 

21 (B) The Committee on Armed Services of 

22 the Senate. 

23 (C) The Committee on Armed Services of 

24 the House of Representatives. 


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1 (2) UNIDENTIFIED AERIAL PHENOMENA TASK

2 FORCE.—The term ‘‘Unidentified Aerial Phenomena 

3 Task Force’’ means the task force established by the 

4 Department of Defense on August 4, 2020, to be led 

5 by the Department of the Navy, under the Office of 

6 the Under Secretary of Defense for Intelligence and 

7 Security. 

8 (b) AVAILABILITY OF DATA ON UNIDENTIFIED AER9 IAL PHENOMENA.—The Director of National Intelligence 

10 and the Secretary of Defense shall each, in coordination 

11 with each other, require each element of the intelligence 

12 community and the Department of Defense with data re13 lating to unidentified aerial phenomena to make such data 

14 available immediately to the Unidentified Aerial Phe15 nomena Task Force and to the National Air and Space 

16 Intelligence Center. 

17 (c) QUARTERLY REPORTS TO CONGRESS.— 

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

19 the date of the enactment of this Act and not less 

20 frequently than quarterly thereafter, the Unidenti21 fied Aerial Phenomena Task Force, or such other 

22 entity as the Deputy Secretary of Defense may des23 ignate to be responsible for matters relating to un24 identified aerial phenomena, shall submit to the ap25 propriate committees of Congress quarterly reports 


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1 on the findings of the Unidentified Aerial Phe2 nomena Task Force, or such other designated entity 

3 as the case may be. 

4 (2) CONTENTS.—Each report submitted under 

5 paragraph (1) shall include, at a minimum, the fol6 lowing: 

7 (A) All reported unidentified aerial phe8 nomena-related events that occurred during the 

9 previous 90 days. 

10 (B) All reported unidentified aerial phe11 nomena-related events that occurred during a 

12 time period other than the previous 90 days but 

13 were not included in an earlier report. 

14 (3) FORM.—Each report submitted under para15 graph (1) shall be submitted in classified form. 

16 SEC. 346. PUBLICATION OF UNCLASSIFIED APPENDICES 

17 FROM REPORTS ON INTELLIGENCE COMMU18 NITY PARTICIPATION IN VULNERABILITIES 

19 EQUITIES PROCESS. 

20 Section 6720(c) of the National Defense Authoriza21 tion Act for Fiscal Year 2020 (50 U.S.C. 3316a(c)) is 

22 amended by adding at the end the following: 

23 ‘‘(4) PUBLICATION.—The Director of National 

24 Intelligence shall make available to the public each 


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1 unclassified appendix submitted with a report under 

2 paragraph (1) pursuant to paragraph (2).’’. 

3 SEC. 347. REPORT ON FUTURE STRUCTURE AND RESPON4 SIBILITIES OF FOREIGN MALIGN INFLUENCE 

5 CENTER. 

6 (a) ASSESSMENT AND REPORT REQUIRED.—Not 

7 later than one year after the date of the enactment of this 

8 Act, the Director of National Intelligence shall— 

9 (1) conduct an assessment as to the future 

10 structure and responsibilities of the Foreign Malign 

11 Influence Center; and 

12 (2) submit to the congressional intelligence 

13 committees a report on the findings of the Director 

14 with respect to the assessment conducted under 

15 paragraph (1). 

16 (b) ELEMENTS.—The assessment conducted under 

17 subsection (a)(1) shall include an assessment of whether— 

18 (1) the Director of the Foreign Malign Influ19 ence Center should continue to report directly to the 

20 Director of National Intelligence; or 

21 (2) the Foreign Malign Influence Center should 

22 become an element of the National Counterintel23 ligence and Security Center and the Director of the 

24 Foreign Malign Influence Center should report to 


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1 the Director of the National Counterintelligence and 

2 Security Center. 

3 Subtitle D—People’s Republic of 

4 China 

5 SEC. 351. ASSESSMENT OF POSTURE AND CAPABILITIES OF 

6 INTELLIGENCE COMMUNITY WITH RESPECT 

7 TO ACTIONS OF THE PEOPLE’S REPUBLIC OF 

8 CHINA TARGETING TAIWAN. 

9 (a) DEFINITION OF APPROPRIATE COMMITTEES OF

10 CONGRESS.—In this section, the term ‘‘appropriate com11 mittees of Congress’’ means— 

12 (1) the congressional intelligence committees; 

13 (2) the Committee on Armed Services and the 

14 Committee on Appropriations of the Senate; and 

15 (3) the Committee on Armed Services and the 

16 Committee on Appropriations of the House of Rep17 resentatives. 

18 (b) ASSESSMENT REQUIRED.—Not later than 180 

19 days after the date of the enactment of this Act, the Direc20 tor of National Intelligence and the Director of the Cen21 tral Intelligence Agency shall jointly— 

22 (1) complete an assessment to identify whether 

23 the posture and capabilities of the intelligence com24 munity are adequate to provide— 


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1 (A) sufficient indications and warnings re2 garding actions of the People’s Republic of 

3 China targeting Taiwan; and 

4 (B) policymakers with sufficient lead time 

5 to respond to actions described in subparagraph 

6 (A); and 

7 (2) submit to the appropriate committees of 

8 Congress the findings of the assessment completed 

9 under paragraph (1). 

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

11 (b)(2) shall be submitted in unclassified form, but may 

12 include a classified annex. 

13 SEC. 352. PLAN TO COOPERATE WITH INTELLIGENCE AGEN14 CIES OF KEY DEMOCRATIC COUNTRIES RE15 GARDING TECHNOLOGICAL COMPETITION 

16 WITH PEOPLE’S REPUBLIC OF CHINA. 

17 Not later than 180 days after the date of the enact18 ment of this Act, the Director of National Intelligence 

19 shall submit to the congressional intelligence committees 

20 a plan to increase cooperation with the intelligence agen21 cies of key democratic countries and key partners and al22 lies of the United States in order to track and analyze 

23 the following: 

24 (1) Technology capabilities and gaps among al25 lied and partner countries of the United States. 


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1 (2) Current capabilities of the People’s Republic 

2 of China in critical technologies and components. 

3 (3) The efforts of the People’s Republic of 

4 China to buy startups, conduct joint ventures, and 

5 invest in specific technologies globally. 

6 (4) The technology development of the People’s 

7 Republic of China in key technology sectors. 

8 (5) The efforts of the People’s Republic of 

9 China relating to standard-setting forums. 

10 (6) Supply chain vulnerabilities for key tech11 nology sectors. 

12 SEC. 353. ASSESSMENT OF PEOPLE’S REPUBLIC OF CHINA 

13 GENOMIC COLLECTION. 

14 (a) DEFINITION OF APPROPRIATE COMMITTEES OF

15 CONGRESS.—In this section, the term ‘‘appropriate com16 mittees of Congress’’ means— 

17 (1) the congressional intelligence committees; 

18 (2) the Committee on Armed Services, the 

19 Committee on Health, Education, Labor, and Pen20 sions, and the Committee on Foreign Relations of 

21 the Senate; and 

22 (3) the Committee on Armed Services, the 

23 Committee on Labor and Education, and the Com24 mittee on Foreign Affairs of the House of Rep25 resentatives. 


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1 (b) ASSESSMENT REQUIRED.—Not later than 180 

2 days after the date of the enactment of this Act, the Direc3 tor of National Intelligence, in consultation with other ap4 propriate Federal Government entities, shall submit to the 

5 appropriate committees of Congress an assessment of the 

6 People’s Republic of China’s plans, intentions, capabilities, 

7 and resources devoted to biotechnology, and the objectives 

8 underlying those activities. The assessment shall include— 

9 (1) a detailed analysis of efforts undertaken by 

10 the People’s Republic of China (PRC) to acquire for11 eign-origin biotechnology, research and development, 

12 and genetic information, including technology owned 

13 by United States companies, research by United 

14 States institutions, and the genetic information of 

15 United States citizens; 

16 (2) identification of PRC-based organizations 

17 conducting or directing these efforts, including infor18 mation about the ties between those organizations 

19 and the PRC government, the Chinese Communist 

20 Party, or the People’s Liberation Army; and 

21 (3) a detailed analysis of the intelligence com22 munity resources devoted to biotechnology, including 

23 synthetic biology and genomic-related issues, and a 

24 plan to improve understanding of these issues and 


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1 ensure the intelligence community has the requisite 

2 expertise. 

3 (c) FORM.—The assessment required under sub4 section (b) shall be submitted in unclassified form, but 

5 may include a classified annex, if necessary. 

6 SEC. 354. UPDATES TO ANNUAL REPORTS ON INFLUENCE 

7 OPERATIONS AND CAMPAIGNS IN THE 

8 UNITED STATES BY THE CHINESE COM9 MUNIST PARTY. 

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

11 (50 U.S.C. 3237(b)) is amended— 

12 (1) by redesignating paragraph (9) as para13 graph (10); and 

14 (2) by inserting after paragraph (8) the fol15 lowing: 

16 ‘‘(9) A listing of all known Chinese talent re17 cruitment programs operating in the United States 

18 as of the date of the report.’’. 

19 SEC. 355. REPORT ON INFLUENCE OF PEOPLE’S REPUBLIC 

20 OF CHINA THROUGH BELT AND ROAD INITIA21 TIVE PROJECTS WITH OTHER COUNTRIES. 

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

23 after the date of the enactment of this Act, the Director 

24 of National Intelligence shall submit to the congressional 

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1 tiated by the People’s Republic of China with other coun2 tries as part of the Belt and Road Initiative of the People’s 

3 Republic of China. Such report shall include information 

4 about the types of such projects, costs of such projects, 

5 and the potential national security implications of such 

6 projects. 

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

8 (a) shall be submitted in unclassified form, but may in9 clude a classified annex. 

10 SEC. 356. STUDY ON THE CREATION OF AN OFFICIAL DIG11 ITAL CURRENCY BY THE PEOPLE’S REPUBLIC 

12 OF CHINA. 

13 (a) DEFINITION OF APPROPRIATE COMMITTEES OF

14 CONGRESS.—In this section, the term ‘‘appropriate com15 mittees of Congress’’ means— 

16 (1) the congressional intelligence committees; 

17 (2) the Committee on Banking, Housing, and 

18 Urban Affairs, the Committee on Foreign Relations, 

19 and the Committee on Appropriations of the Senate; 

20 and 

21 (3) the Committee on Financial Services, the 

22 Committee on Foreign Affairs, and the Committee 

23 on Appropriations of the House of Representatives. 

24 (b) IN GENERAL.—Not later than one year after the 

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1 mit to the appropriate committees of Congress a report 

2 on the short-, medium-, and long-term national security 

3 risks associated with the creation and use of the official 

4 digital renminbi of the People’s Republic of China, includ5 ing— 

6 (1) risks arising from potential surveillance of 

7 transactions; 

8 (2) risks related to security and illicit finance; 

9 and 

10 (3) risks related to economic coercion and social 

11 control by the People’s Republic of China. 

12 (c) FORM OF REPORT.—The report required by sub13 section (b) shall be submitted in unclassified form, but 

14 may include a classified annex. 

15 SEC. 357. REPORT ON EFFORTS OF CHINESE COMMUNIST 

16 PARTY TO ERODE FREEDOM AND AUTONOMY 

17 IN HONG KONG. 

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

19 after the date of the enactment of this Act, the Director 

20 of National Intelligence shall submit to the congressional 

21 intelligence committees a report on efforts of the Chinese 

22 Communist Party to stifle political freedoms in Hong 

23 Kong, influence or manipulate the judiciary of Hong 

24 Kong, destroy freedom of the press and speech in Hong 


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1 Kong, and take actions to otherwise undermine the demo2 cratic processes of Hong Kong. 

3 (b) CONTENTS.—The report submitted under sub4 section (a) shall include an assessment of the implications 

5 of the efforts of the Chinese Communist Party described 

6 in such subsection for international business, investors, 

7 academic institutions, and other individuals operating in 

8 Hong Kong. 

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

10 (a) shall be submitted in unclassified form, but may in11 clude a classified annex. 

12 SEC. 358. REPORT ON TARGETING OF RENEWABLE SEC13 TORS BY CHINA. 

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

15 after the date of the enactment of this Act, the Director 

16 of National Intelligence shall submit to the congressional 

17 intelligence committees a report assessing the efforts and 

18 advancements of China in the wind power, solar power, 

19 and electric vehicle battery production sectors (or key com20 ponents of such sectors). 

21 (b) CONTENTS.—The report submitted under sub22 section (a) shall include the following: 

23 (1) An assessment of how China is targeting 

24 rare earth minerals and the effect of such targeting 

25 on the sectors described in subsection (a). 


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1 (2) Details of the use by the Chinese Com2 munist Party of state-sanctioned forced labor 

3 schemes, including forced labor and the transfer of 

4 Uyghurs and other ethnic groups, and other human 

5 rights abuses in such sectors. 

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

7 (a) shall be submitted in unclassified form, but may in8 clude a classified annex. 

9 TITLE IV—ANOMALOUS HEALTH 

10 INCIDENTS 

11 SEC. 401. DEFINITION OF ANOMALOUS HEALTH INCIDENT. 

12 In this title, the term ‘‘anomalous health incident’’ 

13 means an unexplained health event characterized by any 

14 of a collection of symptoms and clinical signs that includes 

15 the sudden onset of perceived loud sound, a sensation of 

16 intense pressure or vibration in the head, possibly with 

17 a directional character, followed by the onset of tinnitus, 

18 hearing loss, acute disequilibrium, unsteady gait, visual 

19 disturbances, and ensuing cognitive dysfunction. 

20 SEC. 402. ASSESSMENT AND REPORT ON INTERAGENCY 

21 COMMUNICATION RELATING TO EFFORTS TO 

22 ADDRESS ANOMALOUS HEALTH INCIDENTS. 

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

24 date of the enactment of this Act, the Director of National 

25 Intelligence shall— 


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1 (1) conduct an assessment of how the various 

2 elements of the intelligence community are coordi3 nating or collaborating with each other and with ele4 ments of the Federal Government that are not part 

5 of the intelligence community in their efforts to ad6 dress anomalous health incidents; and 

7 (2) submit to the congressional intelligence 

8 committees a report on the findings of the Director 

9 with respect to the assessment conducted under 

10 paragraph (1). 

11 (b) FORM.—The report submitted pursuant to sub12 section (a)(2) shall be submitted in unclassified form, but 

13 may include a classified annex. 

14 SEC. 403. ADVISORY PANEL ON THE OFFICE OF MEDICAL 

15 SERVICES OF THE CENTRAL INTELLIGENCE 

16 AGENCY. 

17 (a) ESTABLISHMENT.—Not later than 180 days after 

18 the date of the enactment of this Act, the Director of Na19 tional Intelligence shall establish, under the sponsorship 

20 of the National Institutes of Health and such other enti21 ties as the Director considers appropriate, an advisory 

22 panel to assess the capabilities, expertise, and qualifica23 tions of the Office of Medical Services of the Central Intel24 ligence Agency in relation to the care and health manage25 ment of personnel of the intelligence community who are 


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1 reporting symptoms consistent with anomalous health in2 cidents. 

3 (b) MEMBERSHIP.— 

4 (1) IN GENERAL.—The advisory panel shall be 

5 composed of at least 9 individuals selected by the 

6 Director of National Intelligence from among indi7 viduals who are recognized experts in the medical 

8 profession and intelligence community. 

9 (2) DIVERSITY.—In making appointments to 

10 the advisory panel, the Director shall ensure that the 

11 members of the panel reflect diverse experiences in 

12 the public and private sectors. 

13 (c) DUTIES.—The duties of the advisory panel estab14 lished under subsection (a) are as follows: 

15 (1) To review the performance of the Office of 

16 Medical Services of the Central Intelligence Agency, 

17 specifically as it relates to the medical care of per18 sonnel of the intelligence community who are report19 ing symptoms consistent with anomalous health inci20 dents during the period beginning on January 1, 

21 2016, and ending on December 31, 2021. 

22 (2) To assess the policies and procedures that 

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1 toms consistent with anomalous health incidents 

2 during the period described in paragraph (1). 

3 (3) To develop recommendations regarding ca4 pabilities, processes, and policies to improve patient 

5 treatment by the Office of Medical Services with re6 gard to anomalous health incidents, including with 

7 respect to access to external treatment facilities and 

8 specialized medical care. 

9 (4) To prepare and submit a report as required 

10 by subsection (e)(1). 

11 (d) ADMINISTRATIVE MATTERS.— 

12 (1) IN GENERAL.—The Director of the Central 

13 Intelligence Agency shall provide the advisory panel 

14 established pursuant to subsection (a) with timely 

15 access to appropriate information, data, resources, 

16 and analysis so that the advisory panel may carry 

17 out the duties of the advisory panel under subsection 

18 (c). 

19 (2) INAPPLICABILITY OF FACA.—The require20 ments of the Federal Advisory Committee Act (5 

21 U.S.C. App.) shall not apply to the advisory panel 

22 established pursuant to subsection (a). 

23 (e) REPORTS.— 

24 (1) FINAL REPORT.—Not later than 1 year 

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1 telligence establishes the advisory panel pursuant to 

2 subsection (a), the advisory panel shall submit to the 

3 Director of National Intelligence, the Director of the 

4 Central Intelligence Agency, and the congressional 

5 intelligence committees a final report on the activi6 ties of the advisory panel under this section. 

7 (2) ELEMENTS.—The final report submitted 

8 under paragraph (1) shall contain a detailed state9 ment of the findings and conclusions of the panel, 

10 including— 

11 (A) a history of anomalous health inci12 dents; and 

13 (B) such additional recommendations for 

14 legislation or administrative action as the advi15 sory panel considers appropriate. 

16 (3) INTERIM REPORT OR BRIEFING.—Not later 

17 than 180 days after the date of the enactment of 

18 this Act, the Director of National Intelligence shall 

19 submit to the congressional intelligence committees a 

20 report or provide such committees a briefing on the 

21 interim findings of the advisory panel with respect 

22 to the elements set forth in paragraph (2). 

23 (4) COMMENTS OF THE DIRECTOR OF NA24 TIONAL INTELLIGENCE.—Not later than 30 days 

25 after receiving the final report of the advisory panel 


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1 under paragraph (1), the Director of National Intel2 ligence shall submit to the congressional intelligence 

3 committees such comments as the Director may have 

4 with respect to such report. 

5 SEC. 404. JOINT TASK FORCE TO INVESTIGATE ANOMA6 LOUS HEALTH INCIDENTS. 

7 (a) DEFINITION OF APPROPRIATE COMMITTEES OF

8 CONGRESS.—In this section, the term ‘‘appropriate com9 mittees of Congress’’ means— 

10 (1) the congressional intelligence committees; 

11 (2) the Committee on Armed Services and the 

12 Committee on Appropriations of the Senate; and 

13 (3) the Committee on Armed Services and the 

14 Committee on Appropriations of the House of Rep15 resentatives. 

16 (b) JOINT TASK FORCE REQUIRED.—The Director of 

17 National Intelligence and the Director of the Federal Bu18 reau of Investigation shall jointly establish a task force 

19 to investigate anomalous health incidents. 

20 (c) CONSULTATION.—In carrying out an investiga21 tion under subsection (b), the task force established under 

22 such subsection shall consult with the Secretary of De23 fense. 

24 (d) REPORT TO CONGRESS.— 


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1 (1) IN GENERAL.—Not later than 1 year after 

2 the date of the enactment of this Act, the task force 

3 established under subsection (b) shall complete the 

4 investigation required by such subsection and submit 

5 to the appropriate committees of Congress a written 

6 report on the findings of the task force with respect 

7 to such investigation. 

8 (2) FORM.—The report submitted pursuant to 

9 paragraph (1) shall be submitted in unclassified 

10 form, but may include a classified annex. 

11 SEC. 405. REPORTING ON OCCURRENCE OF ANOMALOUS 

12 HEALTH INCIDENTS. 

13 (a) DEFINITION OF APPROPRIATE COMMITTEES OF

14 CONGRESS.—In this section, the term ‘‘appropriate com15 mittees of Congress’’ means— 

16 (1) the congressional intelligence committees; 

17 (2) the Committee on Appropriations of the 

18 Senate; and 

19 (3) the Committee on Appropriations of the 

20 House of Representatives. 

21 (b) IN GENERAL.—Whenever the head of an element 

22 of the intelligence community becomes aware of a report 

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1 ment shall submit to the appropriate committees of Con2 gress a brief report on the reported incident. 

3 SEC. 406. ACCESS TO CERTAIN FACILITIES OF UNITED 

4 STATES GOVERNMENT FOR ASSESSMENT OF 

5 ANOMALOUS HEALTH CONDITIONS. 

6 (a) ASSESSMENT.—The Director of National Intel7 ligence shall ensure that elements of the intelligence com8 munity provide to employees of elements of the intelligence 

9 community and their family members who are experi10 encing symptoms of anomalous health conditions timely 

11 access for medical assessment to facilities of the United 

12 States Government with expertise in traumatic brain in13 jury. 

14 (b) PROCESS FOR ASSESSMENT AND TREATMENT.— 

15 The Director of National Intelligence shall coordinate with 

16 the Secretary of Defense and the heads of such Federal 

17 agencies as the Director considers appropriate to ensure 

18 there is a process to provide employees and their family 

19 members described in subsection (a) with timely access to 

20 the National Intrepid Center of Excellence at Walter Reed 

21 National Military Medical Center for assessment and, if 

22 necessary, treatment, by not later than 60 days after the 

23 date of the enactment of this Act. 


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1 TITLE V—SECURITY CLEAR2 ANCES AND TRUSTED WORK3 FORCE 

4 SEC. 501. EXCLUSIVITY, CONSISTENCY, AND TRANS5 PARENCY IN SECURITY CLEARANCE PROCE6 DURES, AND RIGHT TO APPEAL. 

7 (a) EXCLUSIVITY OF PROCEDURES.—Section 801 of 

8 the National Security Act of 1947 (50 U.S.C. 3161) is 

9 amended by adding at the end the following: 

10 ‘‘(c) EXCLUSIVITY.—Except as provided in sub11 section (b) and subject to sections 801A and 801B, the 

12 procedures established pursuant to subsection (a) and pro13 mulgated and set forth under part 2001 of title 32, Code 

14 of Federal Regulations, or successor regulations, shall be 

15 the exclusive procedures by which decisions about eligi16 bility for access to classified information are governed.’’. 

17 (b) TRANSPARENCY.—Such section is further amend18 ed by adding at the end the following: 

19 ‘‘(d) PUBLICATION.— 

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

21 after the date of the enactment of this subsection, 

22 the President shall— 

23 ‘‘(A) publish in the Federal Register the 

24 procedures established pursuant to subsection 

25 (a); or 


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1 ‘‘(B) submit to Congress a certification 

2 that the procedures currently in effect that gov3 ern access to classified information as described 

4 in subsection (a)— 

5 ‘‘(i) are published in the Federal Reg6 ister; and 

7 ‘‘(ii) comply with the requirements of 

8 subsection (a). 

9 ‘‘(2) UPDATES.—Whenever the President 

10 makes a revision to a procedure established pursuant 

11 to subsection (a), the President shall publish such 

12 revision in the Federal Register not later than 30 

13 days before the date on which the revision becomes 

14 effective.’’. 

15 (c) CONSISTENCY.— 

16 (1) IN GENERAL.—Title VIII of the National 

17 Security Act of 1947 (50 U.S.C. 3161 et seq.) is 

18 amended by inserting after section 801 the fol19 lowing: 

20 ‘‘SEC. 801A. DECISIONS RELATING TO ACCESS TO CLASSI21 FIED INFORMATION. 

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

23 ‘‘(1) AGENCY.—The term ‘agency’ has the 

24 meaning given the term ‘Executive agency’ in section 

25 105 of title 5, United States Code. 


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1 ‘‘(2) CLASSIFIED INFORMATION.—The term 

2 ‘classified information’ includes sensitive compart3 mented information, restricted data, restricted han4 dling information, and other compartmented infor5 mation. 

6 ‘‘(3) ELIGIBILITY FOR ACCESS TO CLASSIFIED

7 INFORMATION.—The term ‘eligibility for access to 

8 classified information’ has the meaning given such 

9 term in the procedures established pursuant to sec10 tion 801(a). 

11 ‘‘(b) IN GENERAL.—Each head of an agency that 

12 makes a determination regarding eligibility for access to 

13 classified information shall ensure that in making the de14 termination, the head of the agency or any person acting 

15 on behalf of the head of the agency— 

16 ‘‘(1) does not violate any right or protection en17 shrined in the Constitution of the United States, in18 cluding rights articulated in the First, Fifth, and 

19 Fourteenth Amendments; 

20 ‘‘(2) does not discriminate for or against an in21 dividual on the basis of race, ethnicity, color, reli22 gion, sex, national origin, age, or handicap; 

23 ‘‘(3) is not carrying out— 

24 ‘‘(A) retaliation for political activities or 

25 beliefs; or 


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1 ‘‘(B) a coercion or reprisal described in 

2 section 2302(b)(3) of title 5, United States 

3 Code; and 

4 ‘‘(4) does not violate section 3001(j)(1) of the 

5 Intelligence Reform and Terrorism Prevention Act 

6 of 2004 (50 U.S.C. 3341(j)(1)).’’. 

7 (2) CLERICAL AMENDMENT.—The table of con8 tents in the matter preceding section 2 of the Na9 tional Security Act of 1947 (50 U.S.C. 3002) is 

10 amended by inserting after the item relating to sec11 tion 801 the following: 

‘‘Sec. 801A. Decisions relating to access to classified information.’’. 

12 (d) RIGHT TO APPEAL.— 

13 (1) IN GENERAL.—Such title, as amended by 

14 subsection (c), is further amended by inserting after 

15 section 801A the following: 

16 ‘‘SEC. 801B. RIGHT TO APPEAL. 

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

18 ‘‘(1) AGENCY.—The term ‘agency’ has the 

19 meaning given the term ‘Executive agency’ in section 

20 105 of title 5, United States Code. 

21 ‘‘(2) COVERED PERSON.—The term ‘covered 

22 person’ means a person, other than the President 

23 and Vice President, currently or formerly employed 

24 in, detailed to, assigned to, or issued an authorized 

25 conditional offer of employment for a position that 


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1 requires access to classified information by an agen2 cy, including the following: 

3 ‘‘(A) A member of the Armed Forces. 

4 ‘‘(B) A civilian. 

5 ‘‘(C) An expert or consultant with a con6 tractual or personnel obligation to an agency. 

7 ‘‘(D) Any other category of person who 

8 acts for or on behalf of an agency as deter9 mined by the head of the agency. 

10 ‘‘(3) ELIGIBILITY FOR ACCESS TO CLASSIFIED

11 INFORMATION.—The term ‘eligibility for access to 

12 classified information’ has the meaning given such 

13 term in the procedures established pursuant to sec14 tion 801(a). 

15 ‘‘(4) NEED FOR ACCESS.—The term ‘need for 

16 access’ has such meaning as the President may de17 fine in the procedures established pursuant to sec18 tion 801(a). 

19 ‘‘(5) RECIPROCITY OF CLEARANCE.—The term 

20 ‘reciprocity of clearance’, with respect to a denial by 

21 an agency, means that the agency, with respect to 

22 a covered person— 

23 ‘‘(A) failed to accept a security clearance 

24 background investigation as required by para25 graph (1) of section 3001(d) of the Intelligence 


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1 Reform and Terrorism Prevention Act of 2004 

2 (50 U.S.C. 3341(d)); 

3 ‘‘(B) failed to accept a transferred security 

4 clearance background investigation required by 

5 paragraph (2) of such section; 

6 ‘‘(C) subjected the covered person to an 

7 additional investigative or adjudicative require8 ment in violation of paragraph (3) of such sec9 tion; or 

10 ‘‘(D) conducted an investigation in viola11 tion of paragraph (4) of such section. 

12 ‘‘(6) SECURITY EXECUTIVE AGENT.—The term 

13 ‘Security Executive Agent’ means the officer serving 

14 as the Security Executive Agent pursuant to section 

15 803. 

16 ‘‘(b) AGENCY REVIEW.— 

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

18 after the date of the enactment of the Intelligence 

19 Authorization Act for Fiscal Year 2022, each head 

20 of an agency shall, consistent with the interests of 

21 national security, establish and publish in the Fed22 eral Register a process by which a covered person to 

23 whom eligibility for access to classified information 

24 was denied or revoked by the agency or for whom 

25 reciprocity of clearance was denied by the agency 


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1 can appeal that denial or revocation within the agen2 cy. 

3 ‘‘(2) ELEMENTS.—The process required by 

4 paragraph (1) shall include the following: 

5 ‘‘(A) In the case of a covered person to 

6 whom eligibility for access to classified informa7 tion or reciprocity of clearance is denied or re8 voked by an agency, the following: 

9 ‘‘(i) The head of the agency shall pro10 vide the covered person with a written— 

11 ‘‘(I) detailed explanation of the 

12 basis for the denial or revocation as 

13 the head of the agency determines is 

14 consistent with the interests of na15 tional security and as permitted by 

16 other applicable provisions of law; and 

17 ‘‘(II) notice of the right of the 

18 covered person to a hearing and ap19 peal under this subsection. 

20 ‘‘(ii) Not later than 30 days after re21 ceiving a request from the covered person 

22 for copies of the documents that formed 

23 the basis of the agency’s decision to revoke 

24 or deny, including the investigative file, the 


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1 head of the agency shall provide to the cov2 ered person copies of such documents as— 

3 ‘‘(I) the head of the agency de4 termines is consistent with the inter5 ests of national security; and 

6 ‘‘(II) permitted by other applica7 ble provisions of law, including— 

8 ‘‘(aa) section 552 of title 5, 

9 United States Code (commonly 

10 known as the ‘Freedom of Infor11 mation Act’); 

12 ‘‘(bb) section 552a of such 

13 title (commonly known as the 

14 ‘Privacy Act of 1974’); and 

15 ‘‘(cc) such other provisions 

16 of law relating to the protection 

17 of confidential sources and pri18 vacy of individuals. 

19 ‘‘(iii)(I) The covered person shall have 

20 the opportunity to retain counsel or other 

21 representation at the covered person’s ex22 pense. 

23 ‘‘(II) Upon the request of the covered 

24 person, and a showing that the ability to 

25 review classified information is essential to 


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1 the resolution of an appeal under this sub2 section, counsel or other representation re3 tained under this clause shall be considered 

4 for access to classified information for the 

5 limited purposes of such appeal. 

6 ‘‘(iv)(I) The head of the agency shall 

7 provide the covered person an opportunity, 

8 at a point in the process determined by the 

9 agency head— 

10 ‘‘(aa) to appear personally before 

11 an adjudicative or other authority, 

12 other than the investigating entity, 

13 and to present to such authority rel14 evant documents, materials, and infor15 mation, including evidence that past 

16 problems relating to the denial or rev17 ocation have been overcome or suffi18 ciently mitigated; and 

19 ‘‘(bb) to call and cross-examine 

20 witnesses before such authority, un21 less the head of the agency determines 

22 that calling and cross-examining wit23 nesses is not consistent with the inter24 ests of national security. 


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1 ‘‘(II) The head of the agency shall 

2 make, as part of the security record of the 

3 covered person, a written summary, tran4 script, or recording of any appearance 

5 under item (aa) of subclause (I) or of any 

6 calling or cross-examining of witnesses 

7 under item (bb) of such subclause. 

8 ‘‘(v) On or before the date that is 30 

9 days after the date on which the covered 

10 person receives copies of documents under 

11 clause (ii), the covered person may request 

12 a hearing of the decision to deny or revoke 

13 by filing a written appeal with the head of 

14 the agency. 

15 ‘‘(B) A requirement that each review of a 

16 decision under this subsection is completed on 

17 average not later than 180 days after the date 

18 on which a hearing is requested under subpara19 graph (A)(v). 

20 ‘‘(3) AGENCY REVIEW PANELS.— 

21 ‘‘(A) IN GENERAL.—Each head of an 

22 agency shall establish a panel to hear and re23 view appeals under this subsection. 

24 ‘‘(B) MEMBERSHIP.— 


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1 ‘‘(i) COMPOSITION.—Each panel es2 tablished by the head of an agency under 

3 subparagraph (A) shall be composed of at 

4 least 3 employees of the agency selected by 

5 the agency head, two of whom shall not be 

6 members of the security field. 

7 ‘‘(ii) TERMS.—A term of service on a 

8 panel established by the head of an agency 

9 under subparagraph (A) shall not exceed 2 

10 years. 

11 ‘‘(C) DECISIONS.— 

12 ‘‘(i) WRITTEN.—Each decision of a 

13 panel established under subparagraph (A) 

14 shall be in writing and contain a justifica15 tion of the decision. 

16 ‘‘(ii) CONSISTENCY.—Each head of an 

17 agency that establishes a panel under sub18 paragraph (A) shall ensure that each deci19 sion of the panel is consistent with the in20 terests of national security and applicable 

21 provisions of law. 

22 ‘‘(iii) OVERTURN.—The head of an 

23 agency may overturn a decision of the 

24 panel if, not later than 30 days after the 

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1 sion, the agency head personally exercises 

2 the authority granted by this clause to 

3 overturn such decision. 

4 ‘‘(iv) FINALITY.—Each decision of a 

5 panel established under subparagraph (A) 

6 or overturned pursuant to clause (iii) of 

7 this subparagraph shall be final but sub8 ject to appeal and review under subsection 

9 (c). 

10 ‘‘(D) ACCESS TO CLASSIFIED INFORMA11 TION.—The head of an agency that establishes 

12 a panel under subparagraph (A) shall afford ac13 cess to classified information to the members of 

14 the panel as the agency head determines— 

15 ‘‘(i) necessary for the panel to hear 

16 and review an appeal under this sub17 section; and 

18 ‘‘(ii) consistent with the interests of 

19 national security. 

20 ‘‘(4) REPRESENTATION BY COUNSEL.— 

21 ‘‘(A) IN GENERAL.—Each head of an 

22 agency shall ensure that, under this subsection, 

23 a covered person appealing a decision of the 

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1 portunity to retain counsel or other representa2 tion at the covered person’s expense. 

3 ‘‘(B) ACCESS TO CLASSIFIED INFORMA4 TION.— 

5 ‘‘(i) IN GENERAL.—Upon the request 

6 of a covered person appealing a decision of 

7 an agency under this subsection and a 

8 showing that the ability to review classified 

9 information is essential to the resolution of 

10 the appeal under this subsection, the head 

11 of the agency shall sponsor an application 

12 by the counsel or other representation re13 tained under this paragraph for access to 

14 classified information for the limited pur15 poses of such appeal. 

16 ‘‘(ii) EXTENT OF ACCESS.—Counsel 

17 or another representative who is cleared 

18 for access under this subparagraph may be 

19 afforded access to relevant classified mate20 rials to the extent consistent with the in21 terests of national security. 

22 ‘‘(5) CORRECTIVE ACTION.—If, in the course of 

23 proceedings under this subsection, the head of an 

24 agency or a panel established by the agency head 

25 under paragraph (3) decides that a covered person’s 


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1 eligibility for access to classified information was im2 properly denied or revoked by the agency, the agency 

3 shall take corrective action to return the covered 

4 person, as nearly as practicable and reasonable, to 

5 the position such covered person would have held 

6 had the improper denial or revocation not occurred. 

7 ‘‘(6) PUBLICATION OF DECISIONS.— 

8 ‘‘(A) IN GENERAL.—Each head of an 

9 agency shall publish each final decision on an 

10 appeal under this subsection. 

11 ‘‘(B) REQUIREMENTS.—In order to ensure 

12 transparency, oversight by Congress, and mean13 ingful information for those who need to under14 stand how the clearance process works, each 

15 publication under subparagraph (A) shall be— 

16 ‘‘(i) made in a manner that is con17 sistent with section 552 of title 5, United 

18 States Code, as amended by the Electronic 

19 Freedom of Information Act Amendments 

20 of 1996 (Public Law 104–231); 

21 ‘‘(ii) published to explain the facts of 

22 the case, redacting personally identifiable 

23 information and sensitive program infor24 mation; and 


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1 ‘‘(iii) made available on a website that 

2 is searchable by members of the public. 

3 ‘‘(c) HIGHER LEVEL REVIEW.— 

4 ‘‘(1) PANEL.— 

5 ‘‘(A) ESTABLISHMENT.—Not later than 

6 180 days after the date of the enactment of the 

7 Intelligence Authorization Act for Fiscal Year 

8 2022, the Security Executive Agent shall estab9 lish a panel to review decisions made on appeals 

10 pursuant to the processes established under 

11 subsection (b). 

12 ‘‘(B) SCOPE OF REVIEW AND JURISDIC13 TION.—After the initial review to verify grounds 

14 for appeal, the panel established under subpara15 graph (A) shall review such decisions only— 

16 ‘‘(i) as they relate to violations of sec17 tion 801A(b); or 

18 ‘‘(ii) to the extent to which an agency 

19 properly conducted a review of an appeal 

20 under subsection (b). 

21 ‘‘(C) COMPOSITION.—The panel estab22 lished pursuant to subparagraph (A) shall be 

23 composed of three individuals selected by the 

24 Security Executive Agent for purposes of the 


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1 panel, of whom at least one shall be an attor2 ney. 

3 ‘‘(2) APPEALS AND TIMELINESS.— 

4 ‘‘(A) APPEALS.— 

5 ‘‘(i) INITIATION.—On or before the 

6 date that is 30 days after the date on 

7 which a covered person receives a written 

8 decision on an appeal under subsection (b), 

9 the covered person may initiate oversight 

10 of that decision by filing a written appeal 

11 with the Security Executive Agent. 

12 ‘‘(ii) FILING.—A written appeal filed 

13 under clause (i) relating to a decision of an 

14 agency shall be filed in such form, in such 

15 manner, and containing such information 

16 as the Security Executive Agent may re17 quire, including— 

18 ‘‘(I) a description of— 

19 ‘‘(aa) any alleged violations 

20 of section 801A(b) relating to the 

21 denial or revocation of the cov22 ered person’s eligibility for access 

23 to classified information; and 

24 ‘‘(bb) any allegations of how 

25 the decision may have been the 


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1 result of the agency failing to 

2 properly conduct a review under 

3 subsection (b); and 

4 ‘‘(II) supporting materials and 

5 information for the allegations de6 scribed under subclause (I). 

7 ‘‘(B) TIMELINESS.—The Security Execu8 tive Agent shall ensure that, on average, review 

9 of each appeal filed under this subsection is 

10 completed not later than 180 days after the 

11 date on which the appeal is filed. 

12 ‘‘(3) DECISIONS AND REMANDS.— 

13 ‘‘(A) IN GENERAL.—If, in the course of re14 viewing under this subsection a decision of an 

15 agency under subsection (b), the panel estab16 lished under paragraph (1) decides that there is 

17 sufficient evidence of a violation of section 

18 801A(b) to merit a new hearing or decides that 

19 the decision of the agency was the result of an 

20 improperly conducted review under subsection 

21 (b), the panel shall vacate the decision made 

22 under subsection (b) and remand to the agency 

23 by which the covered person shall be eligible for 

24 a new appeal under subsection (b). 


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1 ‘‘(B) WRITTEN DECISIONS.—Each decision 

2 of the panel established under paragraph (1) 

3 shall be in writing and contain a justification of 

4 the decision. 

5 ‘‘(C) CONSISTENCY.—The panel under 

6 paragraph (1) shall ensure that each decision of 

7 the panel is consistent with the interests of na8 tional security and applicable provisions of law. 

9 ‘‘(D) FINALITY.— 

10 ‘‘(i) IN GENERAL.—Except as pro11 vided in clause (ii), each decision of the 

12 panel established under paragraph (1) 

13 shall be final. 

14 ‘‘(ii) OVERTURN.—The Security Exec15 utive Agent may overturn a decision of the 

16 panel if, not later than 30 days after the 

17 date on which the panel issues the deci18 sion, the Security Executive Agent person19 ally exercises the authority granted by this 

20 clause to overturn such decision. 

21 ‘‘(E) NATURE OF REMANDS.—In remand22 ing a decision under subparagraph (A), the 

23 panel established under paragraph (1) may not 

24 direct the outcome of any further appeal under 

25 subsection (b). 


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1 ‘‘(F) NOTICE OF DECISIONS.—For each 

2 decision of the panel established under para3 graph (1) regarding a covered person, the Secu4 rity Executive Agent shall provide the covered 

5 person with a written notice of the decision that 

6 includes a detailed description of the reasons 

7 for the decision, consistent with the interests of 

8 national security and applicable provisions of 

9 law. 

10 ‘‘(4) REPRESENTATION BY COUNSEL.— 

11 ‘‘(A) IN GENERAL.—The Security Execu12 tive Agent shall ensure that, under this sub13 section, a covered person appealing a decision 

14 under subsection (b) has an opportunity to re15 tain counsel or other representation at the cov16 ered person’s expense. 

17 ‘‘(B) ACCESS TO CLASSIFIED INFORMA18 TION.— 

19 ‘‘(i) IN GENERAL.—Upon the request 

20 of the covered person and a showing that 

21 the ability to review classified information 

22 is essential to the resolution of an appeal 

23 under this subsection, the Security Execu24 tive Agent shall sponsor an application by 

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1 tained under this paragraph for access to 

2 classified information for the limited pur3 poses of such appeal. 

4 ‘‘(ii) EXTENT OF ACCESS.—Counsel 

5 or another representative who is cleared 

6 for access under this subparagraph may be 

7 afforded access to relevant classified mate8 rials to the extent consistent with the in9 terests of national security. 

10 ‘‘(5) ACCESS TO DOCUMENTS AND EMPLOY11 EES.— 

12 ‘‘(A) AFFORDING ACCESS TO MEMBERS OF

13 PANEL.—The Security Executive Agent shall 

14 afford access to classified information to the 

15 members of the panel established under para16 graph (1)(A) as the Security Executive Agent 

17 determines— 

18 ‘‘(i) necessary for the panel to review 

19 a decision described in such paragraph; 

20 and 

21 ‘‘(ii) consistent with the interests of 

22 national security. 

23 ‘‘(B) AGENCY COMPLIANCE WITH RE24 QUESTS OF PANEL.—Each head of an agency 

25 shall comply with each request by the panel for 


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1 a document and each request by the panel for 

2 access to employees of the agency necessary for 

3 the review of an appeal under this subsection, 

4 to the degree that doing so is, as determined by 

5 the head of the agency and permitted by appli6 cable provisions of law, consistent with the in7 terests of national security. 

8 ‘‘(6) PUBLICATION OF DECISIONS.— 

9 ‘‘(A) IN GENERAL.—For each final deci10 sion on an appeal under this subsection, the 

11 head of the agency with respect to which the 

12 appeal pertains and the Security Executive 

13 Agent shall each publish the decision, consistent 

14 with the interests of national security. 

15 ‘‘(B) REQUIREMENTS.—In order to ensure 

16 transparency, oversight by Congress, and mean17 ingful information for those who need to under18 stand how the clearance process works, each 

19 publication under subparagraph (A) shall be— 

20 ‘‘(i) made in a manner that is con21 sistent with section 552 of title 5, United 

22 States Code, as amended by the Electronic 

23 Freedom of Information Act Amendments 

24 of 1996 (Public Law 104–231); 


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1 ‘‘(ii) published to explain the facts of 

2 the case, redacting personally identifiable 

3 information and sensitive program infor4 mation; and 

5 ‘‘(iii) made available on a website that 

6 is searchable by members of the public. 

7 ‘‘(d) PERIOD OF TIME FOR THE RIGHT TO AP8 PEAL.— 

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2), any covered person who has been the sub11 ject of a decision made by the head of an agency to 

12 deny or revoke eligibility for access to classified in13 formation shall retain all rights to appeal under this 

14 section until the conclusion of the appeals process 

15 under this section. 

16 ‘‘(2) WAIVER OF RIGHTS.— 

17 ‘‘(A) PERSONS.—Any covered person may 

18 voluntarily waive the covered person’s right to 

19 appeal under this section and such waiver shall 

20 be conclusive. 

21 ‘‘(B) AGENCIES.—The head of an agency 

22 may not require a covered person to waive the 

23 covered person’s right to appeal under this sec24 tion for any reason. 


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1 ‘‘(e) WAIVER OF AVAILABILITY OF PROCEDURES FOR

2 NATIONAL SECURITY INTEREST.— 

3 ‘‘(1) IN GENERAL.—If the head of an agency 

4 determines that a procedure established under sub5 section (b) cannot be made available to a covered 

6 person in an exceptional case without damaging a 

7 national security interest of the United States by re8 vealing classified information, such procedure shall 

9 not be made available to such covered person. 

10 ‘‘(2) FINALITY.—A determination under para11 graph (1) shall be final and conclusive and may not 

12 be reviewed by any other official or by any court. 

13 ‘‘(3) REPORTING.— 

14 ‘‘(A) CASE-BY-CASE.— 

15 ‘‘(i) IN GENERAL.—In each case in 

16 which the head of an agency determines 

17 under paragraph (1) that a procedure es18 tablished under subsection (b) cannot be 

19 made available to a covered person, the 

20 agency head shall, not later than 30 days 

21 after the date on which the agency head 

22 makes such determination, submit to the 

23 Security Executive Agent and to the con24 gressional intelligence committees a report 

25 stating the reasons for the determination. 


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1 ‘‘(ii) FORM.—A report submitted 

2 under clause (i) may be submitted in clas3 sified form as necessary. 

4 ‘‘(B) ANNUAL REPORTS.— 

5 ‘‘(i) IN GENERAL.—Not less fre6 quently than once each fiscal year, the Se7 curity Executive Agent shall submit to the 

8 congressional intelligence committees a re9 port on the determinations made under 

10 paragraph (1) during the previous fiscal 

11 year. 

12 ‘‘(ii) CONTENTS.—Each report sub13 mitted under clause (i) shall include, for 

14 the period covered by the report, the fol15 lowing: 

16 ‘‘(I) The number of cases and 

17 reasons for determinations made 

18 under paragraph (1), disaggregated 

19 by agency. 

20 ‘‘(II) Such other matters as the 

21 Security Executive Agent considers 

22 appropriate. 

23 ‘‘(f) DENIALS AND REVOCATIONS UNDER OTHER

24 PROVISIONS OF LAW.— 


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1 ‘‘(1) RULE OF CONSTRUCTION.—Nothing in 

2 this section shall be construed to limit or affect the 

3 responsibility and power of the head of an agency to 

4 deny or revoke eligibility for access to classified in5 formation or to deny reciprocity of clearance in the 

6 interest of national security. 

7 ‘‘(2) DENIALS AND REVOCATION.—The power 

8 and responsibility to deny or revoke eligibility for ac9 cess to classified information or to deny reciprocity 

10 of clearance pursuant to any other provision of law 

11 or Executive order may be exercised only when the 

12 head of an agency determines that an applicable 

13 process established under this section cannot be in14 voked in a manner that is consistent with national 

15 security. 

16 ‘‘(3) FINALITY.—A determination under para17 graph (2) shall be final and conclusive and may not 

18 be reviewed by any other official or by any court. 

19 ‘‘(4) REPORTING.— 

20 ‘‘(A) CASE-BY-CASE.— 

21 ‘‘(i) IN GENERAL.—In each case in 

22 which the head of an agency determines 

23 under paragraph (2) that a determination 

24 relating to a denial or revocation of eligi25 bility for access to classified information or 


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1 denial of reciprocity of clearance could not 

2 be made pursuant to a process established 

3 under this section, the agency head shall, 

4 not later than 30 days after the date on 

5 which the agency head makes such a deter6 mination under paragraph (2), submit to 

7 the Security Executive Agent and to the 

8 congressional intelligence committees a re9 port stating the reasons for the determina10 tion. 

11 ‘‘(ii) FORM.—A report submitted 

12 under clause (i) may be submitted in clas13 sified form as necessary. 

14 ‘‘(B) ANNUAL REPORTS.— 

15 ‘‘(i) IN GENERAL.—Not less fre16 quently than once each fiscal year, the Se17 curity Executive Agent shall submit to the 

18 congressional intelligence committees a re19 port on the determinations made under 

20 paragraph (2) during the previous fiscal 

21 year. 

22 ‘‘(ii) CONTENTS.—Each report sub23 mitted under clause (i) shall include, for 

24 the period covered by the report, the fol25 lowing: 


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1 ‘‘(I) The number of cases and 

2 reasons for determinations made 

3 under paragraph (2), disaggregated 

4 by agency. 

5 ‘‘(II) Such other matters as the 

6 Security Executive Agent considers 

7 appropriate. 

8 ‘‘(g) RELATIONSHIP TO SUITABILITY.—No person 

9 may use a determination of suitability under part 731 of 

10 title 5, Code of Federal Regulations, or successor regula11 tion, for the purpose of denying a covered person the re12 view proceedings of this section where there has been a 

13 denial or revocation of eligibility for access to classified 

14 information or a denial of reciprocity of clearance. 

15 ‘‘(h) PRESERVATION OF ROLES AND RESPONSIBIL16 ITIES UNDER EXECUTIVE ORDER 10865 AND OF THE DE17 FENSE OFFICE OF HEARINGS AND APPEALS.—Nothing in 

18 this section shall be construed to diminish or otherwise 

19 affect the procedures in effect on the day before the date 

20 of the enactment of this Act for denial and revocation pro21 cedures provided to individuals by Executive Order 10865 

22 (50 U.S.C. 3161 note; relating to safeguarding classified 

23 information within industry), or successor order, including 

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1 partment of Defense Directive 5220.6, or successor direc2 tive. 

3 ‘‘(i) RULE OF CONSTRUCTION RELATING TO CER4 TAIN OTHER PROVISIONS OF LAW.—This section and the 

5 processes and procedures established under this section 

6 shall not be construed to apply to paragraphs (6) and (7) 

7 of section 3001(j) of the Intelligence Reform and Ter8 rorism Prevention Act of 2004 (50 U.S.C. 3341(j)).’’. 

9 (2) CLERICAL AMENDMENT.—The table of con10 tents in the matter preceding section 2 of the Na11 tional Security Act of 1947 (50 U.S.C. 3002), as 

12 amended by subsection (c), is further amended by 

13 inserting after the item relating to section 801A the 

14 following: 

‘‘Sec. 801B. Right to appeal.’’. 

15 SEC. 502. FEDERAL POLICY ON SHARING OF DEROGATORY 

16 INFORMATION PERTAINING TO CONTRACTOR 

17 EMPLOYEES IN THE TRUSTED WORKFORCE. 

18 (a) POLICY REQUIRED.—Not later than 180 days 

19 after the date of the enactment of this Act, the Security 

20 Executive Agent, in coordination with the principal mem21 bers of the Performance Accountability Council and the 

22 Attorney General, shall issue a policy for the Federal Gov23 ernment on sharing of derogatory information pertaining 

24 to contractor employees engaged by the Federal Govern25 ment. 


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1 (b) CONSENT REQUIREMENT.— 

2 (1) IN GENERAL.—The policy issued under sub3 section (a) shall require, as a condition of accepting 

4 a security clearance with the Federal Government, 

5 that a contractor employee provide prior written con6 sent for the Federal Government to share covered 

7 derogatory information with the chief security officer 

8 of the contractor employer that employs the con9 tractor employee. 

10 (2) COVERED DEROGATORY INFORMATION.— 

11 For purposes of this section, covered derogatory in12 formation— 

13 (A) is information that— 

14 (i) contravenes National Security Ad15 judicative Guidelines as specified in Secu16 rity Executive Agent Directive 4 (appendix 

17 A to part 710 of title 10, Code of Federal 

18 Regulations), or any successor Federal pol19 icy; 

20 (ii) a Federal Government agency cer21 tifies is accurate and reliable; 

22 (iii) is relevant to a contractor’s abil23 ity to protect against insider threats as re24 quired by section 1–202 of the National 

25 Industrial Security Program Operating 


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1 Manual (NISPOM), or successor manual; 

2 and 

3 (iv) may have a bearing on the con4 tractor employee’s suitability for a position 

5 of public trust or to receive credentials to 

6 access certain facilities of the Federal Gov7 ernment; and 

8 (B) shall include any negative information 

9 considered in the adjudicative process, including 

10 information provided by the contractor em11 ployee on forms submitted for the processing of 

12 the contractor employee’s security clearance. 

13 (c) ELEMENTS.—The policy issued under subsection 

14 (a) shall— 

15 (1) require Federal agencies, except under ex16 ceptional circumstances specified by the Security Ex17 ecutive Agent, to share with the contractor employer 

18 of a contractor employee engaged with the Federal 

19 Government the existence of potentially derogatory 

20 information and which National Security Adjudica21 tive Guideline it falls under, with the exception that 

22 the Security Executive Agent may waive such re23 quirement in circumstances the Security Executive 

24 Agent considers extraordinary; 


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1 (2) require that covered derogatory information 

2 shared with a contractor employer as described in 

3 subsection (b)(1) be used by the contractor employer 

4 exclusively for risk mitigation purposes under section 

5 1–202 of the National Industrial Security Program 

6 Operating Manual, or successor manual; 

7 (3) require Federal agencies to share any miti8 gation measures in place to address the derogatory 

9 information; 

10 (4) establish standards for timeliness for shar11 ing the derogatory information; 

12 (5) specify the methods by which covered derog13 atory information will be shared with the contractor 

14 employer of the contractor employee; 

15 (6) allow the contractor employee, within a 

16 specified timeframe, the right— 

17 (A) to contest the accuracy and reliability 

18 of covered derogatory information; 

19 (B) to address or remedy any concerns 

20 raised by the covered derogatory information; 

21 and 

22 (C) to provide documentation pertinent to 

23 subparagraph (A) or (B) for an agency to place 

24 in relevant security clearance databases; 


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1 (7) establish a procedure by which the con2 tractor employer of the contractor employee may 

3 consult with the Federal Government prior to taking 

4 any remedial action under section 1–202 of the Na5 tional Industrial Security Program Operating Man6 ual, or successor manual, to address the derogatory 

7 information the Federal agency has provided; 

8 (8) stipulate that the chief security officer of 

9 the contractor employer is prohibited from sharing 

10 or discussing covered derogatory information with 

11 other parties, including nonsecurity professionals at 

12 the contractor employer; and 

13 (9) require companies in the National Indus14 trial Security Program to comply with the policy. 

15 (d) CONSIDERATION OF LESSONS LEARNED FROM

16 INFORMATION-SHARING PROGRAM FOR POSITIONS OF

17 TRUST AND SECURITY CLEARANCES.—In developing the 

18 policy issued under subsection (a), the Director shall con19 sider, to the extent available, lessons learned from actions 

20 taken to carry out section 6611(f) of the National Defense 

21 Authorization Act for Fiscal Year 2020 (50 U.S.C. 

22 3352f(f)). 


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1 SEC. 503. PERFORMANCE MEASURES REGARDING TIMELI2 NESS FOR PERSONNEL MOBILITY. 

3 (a) POLICY REQUIRED.—Not later than 180 days 

4 after the date of the enactment of this Act, the Director 

5 of National Intelligence shall issue a policy for measuring 

6 the total time it takes to transfer personnel with security 

7 clearances and eligibility for access to information com8 monly referred to as ‘‘sensitive compartmented informa9 tion’’ (SCI) from one Federal agency to another, or from 

10 one contract to another in the case of a contractor. 

11 (b) REQUIREMENTS.—The policy issued under sub12 section (a) shall— 

13 (1) to the degree practicable, cover all personnel 

14 who are moving to positions that require a security 

15 clearance and access to sensitive compartmented in16 formation; 

17 (2) cover the period from the first time a Fed18 eral agency or company submits a request to a Fed19 eral agency for the transfer of the employment of an 

20 individual with a clearance access or eligibility deter21 mination to another Federal agency, to the time the 

22 individual is authorized by that receiving agency to 

23 start to work in the new position; and 

24 (3) include analysis of all appropriate phases of 

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1 view, transfer of the sensitive compartmented infor2 mation access, and contract actions. 

3 (c) UPDATED POLICIES.— 

4 (1) MODIFICATIONS.—Not later than 1 year 

5 after the date on which the Director issues the pol6 icy under subsection (a), the Director shall issue 

7 modifications to such policies as the Director deter8 mines were issued before the issuance of the policy 

9 under such subsection and are relevant to such up10 dated policy, as the Director considers appropriate. 

11 (2) RECOMMENDATIONS.—Not later than 1 

12 year after the date on which the Director issues the 

13 policy under subsection (a), the Director shall sub14 mit to Congress recommendations for legislative ac15 tion to update metrics specified elsewhere in statute 

16 to measure parts of the process that support trans17 fers described in subsection (a). 

18 (d) ANNUAL REPORTS.—Not later than 180 days 

19 after issuing the policy required by subsection (a) and not 

20 less frequently than once each year thereafter until the 

21 date that is 3 years after the date of such issuance, the 

22 Director shall submit to Congress a report on the imple23 mentation of such policy. Such report shall address per24 formance by agency and by clearance type in meeting such 

25 policy. 


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1 SEC. 504. GOVERNANCE OF TRUSTED WORKFORCE 2.0 INI2 TIATIVE. 

3 (a) GOVERNANCE.—The Director of National Intel4 ligence, acting as the Security Executive Agent, and the 

5 Director of the Office of Personnel Management, acting 

6 as the Suitability and Credentialing Executive Agent, in 

7 coordination with the Deputy Director for Management in 

8 the Office of Management and Budget, acting as the direc9 tor of the Performance Accountability Council, and the 

10 Under Secretary of Defense for Intelligence and Security 

11 shall jointly— 

12 (1) not later than 180 days after the date of 

13 the enactment of this Act, publish in the Federal 

14 Register a policy with guidelines and standards for 

15 Federal Government agencies and industry partners 

16 to implement the Trusted Workforce 2.0 initiative; 

17 (2) not later than 2 years after the date of the 

18 enactment of this Act and not less frequently than 

19 once every 6 months thereafter, submit to Congress 

20 a report on the timing, delivery, and adoption of 

21 Federal Government agencies’ policies, products, and 

22 services to implement the Trusted Workforce 2.0 ini23 tiative, including those associated with the National 

24 Background Investigation Service; and 

25 (3) not later than 90 days after the date of the 

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1 ance management metrics for the implementation of 

2 the Trusted Workforce 2.0 initiative, including per3 formance metrics regarding timeliness, cost, and 

4 measures of effectiveness. 

5 (b) INDEPENDENT STUDY ON TRUSTED WORKFORCE

6 2.0.— 

7 (1) STUDY REQUIRED.—Not later than 60 days 

8 after the date of the enactment of this Act, the Di9 rector of National Intelligence shall enter into an 

10 agreement with an entity that is not part of the 

11 Federal Government to conduct a study on the effec12 tiveness of the initiatives of the Federal Government 

13 known as Trusted Workforce 1.25, 1.5, and 2.0. 

14 (2) ELEMENTS.—The study required by para15 graph (1) shall include the following: 

16 (A) An assessment of how effective such 

17 initiatives are or will be in determining who 

18 should or should not have access to classified 

19 information. 

20 (B) A comparison of the effectiveness of 

21 such initiatives with the system of periodic re22 investigations that was in effect on the day be23 fore the date of the enactment of this Act. 


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1 (C) Identification of what is lost from the 

2 suspension of universal periodic reinvestigations 

3 in favor of a system of continuous vetting. 

4 (D) An assessment of the relative effective5 ness of Trusted Workforce 1.25, Trusted Work6 force 1.5, and Trusted Workforce 2.0. 

7 (3) REPORT.—Not later than 180 days after 

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

9 shall submit a report on the findings from the study 

10 conducted under paragraph (1) to the following: 

11 (A) The congressional intelligence commit12 tees. 

13 (B) The Committee on Armed Services of 

14 the Senate. 

15 (C) The Committee on Homeland Security 

16 and Governmental Affairs of the Senate. 

17 (D) The Committee on Armed Services of 

18 the House of Representatives. 

19 (E) The Committee on Homeland Security 

20 of the House of Representatives. 

21 TITLE VI—OTHER 

22 INTELLIGENCE MATTERS 

23 SEC. 601. NATIONAL TECHNOLOGY STRATEGY. 

24 (a) IN GENERAL.—Each year, the President shall 

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1 nology strategy of the United States designed to maintain 

2 United States leadership in critical and emerging tech3 nologies essential to United States national security and 

4 economic prosperity. 

5 (b) ELEMENTS.—Each National Technology Strategy 

6 developed and submitted under subsection (a) shall con7 tain at least the following elements: 

8 (1) An assessment of the efforts of the United 

9 States Government to preserve United States leader10 ship in key emerging technologies and prevent 

11 United States strategic competitors from leveraging 

12 advanced technologies to gain strategic military or 

13 economic advantages over the United States. 

14 (2) A review of existing United States Govern15 ment technology policy, including long-range goals. 

16 (3) An analysis of technology trends and assess17 ment of the relative competitiveness of United States 

18 technology sectors in relation to strategic competi19 tors. 

20 (4) Identification of sectors critical for the long21 term resilience of United States innovation leader22 ship across design, manufacturing, supply chains, 

23 and markets. 

24 (5) Recommendations for domestic policy incen25 tives to sustain an innovation economy and develop 


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1 specific, high-cost sectors necessary for long-term 

2 national security ends. 

3 (6) Recommendations for policies to protect 

4 United States and leadership of allies of the United 

5 States in critical areas through targeted export con6 trols, investment screening, and counterintelligence 

7 activities. 

8 (7) Identification of priority domestic research 

9 and development areas critical to national security 

10 and necessary to sustain United States leadership, 

11 and directing funding to fill gaps in basic and ap12 plied research where the private sector does not 

13 focus. 

14 (8) Recommendations for talent programs to 

15 grow United States talent in key critical and emerg16 ing technologies and enhance the ability of the Fed17 eral Government to recruit and retain individuals 

18 with critical skills into Federal service. 

19 (9) Methods to foster the development of inter20 national partnerships to reinforce domestic policy ac21 tions, build new markets, engage in collaborative re22 search, and create an international environment that 

23 reflects United States values and protects United 

24 States interests. 


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1 (10) A technology annex, which may be classi2 fied, to establish an integrated and enduring ap3 proach to the identification, prioritization, develop4 ment, and fielding of emerging technologies. 

5 (11) Such other information as may be nec6 essary to help inform Congress on matters relating 

7 to the technology strategy of the United States and 

8 related implications for United States national secu9 rity. 

10 SEC. 602. IMPROVEMENTS RELATING TO CONTINUITY OF 

11 PRIVACY AND CIVIL LIBERTIES OVERSIGHT 

12 BOARD MEMBERSHIP. 

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

14 Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 

15 2000ee(h)) is amended to read as follows: 

16 ‘‘(4) TERM.— 

17 ‘‘(A) COMMENCEMENT.—Each member of 

18 the Board shall serve a term of 6 years, com19 mencing on the date of the appointment of the 

20 member to the Board. 

21 ‘‘(B) REAPPOINTMENT.—A member may 

22 be reappointed to one or more additional terms. 

23 ‘‘(C) VACANCY.—A vacancy in the Board 

24 shall be filled in the manner in which the origi25 nal appointment was made. 


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

2 the term of office of a member, the member 

3 may continue to serve, at the election of the 

4 member— 

5 ‘‘(i) during the period preceding the 

6 reappointment of the member pursuant to 

7 subparagraph (B); or 

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

9 been appointed and qualified.’’. 

10 SEC. 603. AIR AMERICA. 

11 (a) FINDINGS.—Congress finds the following: 

12 (1) Air America, Incorporated (referred to in 

13 this section as ‘‘Air America’’) and its related cover 

14 corporate entities were wholly owned and controlled 

15 by the United States Government and directed and 

16 managed by the Department of Defense, the Depart17 ment of State, and the Central Intelligence Agency 

18 from 1950 to 1976. 

19 (2) Air America, a corporation owned by the 

20 Government of the United States, constituted a 

21 ‘‘Government corporation’’, as defined in section 103 

22 of title 5, United States Code. 

23 (3) It is established that the employees of Air 

24 America and the other entities described in para25 graph (1) were Federal employees. 


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1 (4) The employees of Air America were retro2 actively excluded from the definition of the term 

3 ‘‘employee’’ under section 2105 of title 5, United 

4 States Code, on the basis of an administrative policy 

5 change in paperwork requirements implemented by 

6 the Office of Personnel Management 10 years after 

7 the service of the employees had ended and, by ex8 tension, were retroactively excluded from the defini9 tion of the term ‘‘employee’’ under section 8331 of 

10 title 5, United States Code, for retirement credit 

11 purposes. 

12 (5) The employees of Air America were paid as 

13 Federal employees, with salaries subject to— 

14 (A) the General Schedule under subchapter 

15 III of chapter 53 of title 5, United States Code; 

16 and 

17 (B) the rates of basic pay payable to mem18 bers of the Armed Forces. 

19 (6) The service and sacrifice of the employees 

20 of Air America included— 

21 (A) suffering a high rate of casualties in 

22 the course of employment; 

23 (B) saving thousands of lives in search and 

24 rescue missions for downed United States air25 men and allied refugee evacuations; and 


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1 (C) lengthy periods of service in chal2 lenging circumstances abroad. 

3 (b) DEFINITIONS.—In this section: 

4 (1) AFFILIATED COMPANY.—The term ‘‘affili5 ated company’’, with respect to Air America, in6 cludes Air Asia Company Limited, CAT Incor7 porated, Civil Air Transport Company Limited, and 

8 the Pacific Division of Southern Air Transport. 

9 (2) QUALIFYING SERVICE.—The term ‘‘quali10 fying service’’ means service that— 

11 (A) was performed by a United States cit12 izen as an employee of Air America or an affili13 ated company during the period beginning on 

14 January 1, 1950, and ending on December 31, 

15 1976; and 

16 (B) is documented in the attorney-certified 

17 corporate records of Air America or any affili18 ated company. 

19 (c) TREATMENT AS FEDERAL EMPLOYMENT.—Any 

20 period of qualifying service— 

21 (1) is deemed to have been service of an em22 ployee (as defined in section 2105 of title 5, United 

23 States Code) with the Federal Government; and 


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1 (2) shall be treated as creditable service by an 

2 employee for purposes of subchapter III of chapter 

3 83 of title 5, United States Code. 

4 (d) RIGHTS.—An individual who performed quali5 fying service, or a survivor of such an individual, shall be 

6 entitled to the rights, retroactive as applicable, provided 

7 to employees and their survivors for creditable service 

8 under the Civil Service Retirement System under sub9 chapter III of chapter 83 of title 5, United States Code, 

10 with respect to that qualifying service. 

11 (e) DEDUCTION, CONTRIBUTION, AND DEPOSIT RE12 QUIREMENTS.—The deposit of funds in the Treasury of 

13 the United States made by Air America in the form of 

14 a lump-sum payment apportioned in part to the Civil Serv15 ice Disability & Retirement Fund in 1976 is deemed to 

16 satisfy the deduction, contribution, and deposit require17 ments under section 8334 of title 5, United States Code, 

18 with respect to all periods of qualifying service. 

19 (f) APPLICATION TIME LIMIT.—Section 8345(i)(2) of 

20 title 5, United States Code, shall be applied with respect 

21 to the death of an individual who performed qualifying 

22 service by substituting ‘‘2 years after the effective date 

23 under section 603(g) of the Intelligence Authorization Act 

24 for Fiscal Year 2022’’ for ‘‘30 years after the death or 

25 other event which gives rise to title to the benefit’’. 


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1 (g) EFFECTIVE DATE.—This section shall take effect 

2 on the date that is 30 days after the date of the enactment 

3 of this Act. 

4 SEC. 604. ACCESS BY COMPTROLLER GENERAL OF THE 

5 UNITED STATES TO CERTAIN CYBERSECU6 RITY RECORDS. 

7 Section 5710 of the National Defense Authorization 

8 Act for Fiscal Year 2020 (2 U.S.C. 4111) is amended— 

9 (1) by redesignating subsection (d) as sub10 section (e); 

11 (2) by inserting after subsection (c) the fol12 lowing: 

13 ‘‘(d) RIGHT OF ACCESS.—Notwithstanding any other 

14 provision of law, for the purpose of preparing each report 

15 required by subsection (a), the Comptroller General may 

16 obtain from the Architect of the Capitol, the Congressional 

17 Budget Office, the Library of Congress, the Office of Con18 gressional Workplace Rights, the Sergeant at Arms and 

19 Doorkeeper of the Senate, the Sergeant at Arms of the 

20 House of Representatives, the Chief Administrative Offi21 cer of the House of Representatives, the Secretary of the 

22 Senate, and the United States Capitol Police, and any con23 tractor of any such entity, such records as the Comptroller 

24 General may require to prepare the report.’’; and 

25 (3) by adding at the end the following: 


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1 ‘‘(f) RELATIONSHIP TO EXISTING AUTHORITY.— 

2 Nothing in this section shall be construed to limit, amend, 

3 supersede, or restrict in any manner any authority of the 

4 Comptroller General, except as specifically provided for in 

5 subsection (d).’’. 

6 SEC. 605. REPORTS ON INTELLIGENCE SUPPORT FOR AND 

7 CAPACITY OF THE SERGEANTS AT ARMS OF 

8 THE SENATE AND THE HOUSE OF REP9 RESENTATIVES AND THE UNITED STATES 

10 CAPITOL POLICE. 

11 (a) DEFINITIONS.—In this section: 

12 (1) RELEVANT CONGRESSIONAL INTELLIGENCE

13 COMMITTEES.—The term ‘‘relevant congressional in14 telligence committees’’ means— 

15 (A) the Select Committee on Intelligence, 

16 the Committee on Rules and Administration, 

17 the Committee on Appropriations, and the 

18 Committee on the Judiciary of the Senate; and 

19 (B) the Permanent Select Committee on 

20 Intelligence, the Committee on House Adminis21 tration, the Committee on Appropriations, and 

22 the Committee on the Judiciary of the House of 

23 Representatives. 

24 (2) SERGEANTS AT ARMS.—The term ‘‘Ser25 geants at Arms’’ means the Sergeant at Arms and 


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1 Doorkeeper of the Senate and the Sergeant at Arms 

2 of the House of Representatives. 

3 (b) REPORT ON INTELLIGENCE SUPPORT.— 

4 (1) REPORT REQUIRED.—Not later than 60 

5 days after the date of the enactment of this Act, the 

6 Director of National Intelligence, in coordination 

7 with the Director of the Federal Bureau of Inves8 tigation and the Secretary of Homeland Security, 

9 shall submit to the relevant congressional intel10 ligence committees a report on intelligence support 

11 provided to the Sergeants at Arms and the United 

12 States Capitol Police. 

13 (2) ELEMENTS.—The report required by para14 graph (1) shall include a description of the following: 

15 (A) Policies related to the Sergeants at 

16 Arms and the United States Capitol Police as 

17 customers of intelligence. 

18 (B) How the intelligence community, the 

19 Federal Bureau of Investigation, and the De20 partment of Homeland Security, including the 

21 Cybersecurity and Infrastructure Security 

22 Agency, are structured, staffed, and resourced 

23 to provide intelligence support to the Sergeants 

24 at Arms and the United States Capitol Police. 


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1 (C) The classified electronic and telephony 

2 interoperability of the intelligence community, 

3 the Federal Bureau of Investigation, and the 

4 Department of Homeland Security with the 

5 Sergeants at Arms and the United States Cap6 itol Police. 

7 (D) Any expedited security clearances pro8 vided for the Sergeants at Arms and the United 

9 States Capitol Police. 

10 (E) Counterterrorism intelligence and 

11 other intelligence relevant to the physical secu12 rity of Congress that are provided to the Ser13 geants at Arms and the United States Capitol 

14 Police, including— 

15 (i) strategic analysis and real-time 

16 warning; and 

17 (ii) access to classified systems for 

18 transmitting and posting intelligence. 

19 (F) Cyber intelligence relevant to the pro20 tection of cyber networks of Congress and the 

21 personal devices and accounts of Members and 

22 employees of Congress, including— 

23 (i) strategic and real-time warnings, 

24 such as malware signatures and other indi25 cations of attack; and 


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1 (ii) access to classified systems for 

2 transmitting and posting intelligence. 

3 (3) FORM.—The report required by paragraph 

4 (1) shall be submitted in unclassified form, but may 

5 include a classified annex. 

6 (c) GOVERNMENT ACCOUNTABILITY OFFICE RE7 PORT.— 

8 (1) REPORT REQUIRED.—Not later than 180 

9 days after the date of the enactment of this Act, the 

10 Comptroller General of the United States shall sub11 mit to the relevant congressional intelligence com12 mittees a report on the capacity of the Sergeants at 

13 Arms and the United States Capitol Police to access 

14 and use intelligence and threat information relevant 

15 to the physical and cyber security of Congress. 

16 (2) ELEMENTS.—The report required by para17 graph (1) shall include the following: 

18 (A) An assessment of the extent to which 

19 the Sergeants at Arms and the United States 

20 Capitol Police have the resources, including fa21 cilities, cleared personnel, and necessary train22 ing, and authorities to adequately access, ana23 lyze, manage, and use intelligence and threat 

24 information necessary to defend the physical 

25 and cyber security of Congress. 


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1 (B) The extent to which the Sergeants at 

2 Arms and the United States Capitol Police 

3 communicate and coordinate threat data with 

4 each other and with other local law enforcement 

5 entities. 

6 (3) FORM.—The report required by paragraph 

7 (1) shall be submitted in unclassified form, but may 

8 include a classified annex. 

9 SEC. 606. STUDY ON VULNERABILITY OF GLOBAL POSI10 TIONING SYSTEM TO HOSTILE ACTIONS. 

11 (a) DEFINITION OF APPROPRIATE COMMITTEES OF

12 CONGRESS.—In this section, the term ‘‘appropriate com13 mittees of Congress’’ means— 

14 (1) the congressional intelligence committees; 

15 (2) the Committee on Armed Services, the 

16 Committee on Commerce, Science, and Transpor17 tation, and the Committee on Appropriations of the 

18 Senate; and 

19 (3) the Committee on Armed Services, the 

20 Committee on Science, Space, and Technology, and 

21 the Committee on Appropriations of the House of 

22 Representatives. 

23 (b) STUDY REQUIRED.—The Director of National In24 telligence shall, in consultation with the Secretary of De25 fense and the Secretary of Commerce, conduct a study on 


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1 the vulnerability of the Global Positioning System (GPS) 

2 to hostile actions, as well as any actions being undertaken 

3 by the intelligence community, the Department of De4 fense, the Department of Commerce, and any other ele5 ments of the Federal Government to mitigate any risks 

6 stemming from the potential unavailability of the Global 

7 Positioning System. 

8 (c) ELEMENTS.—The study conducted under sub9 section (b) shall include net assessments and baseline 

10 studies of the following: 

11 (1) The vulnerability of the Global Positioning 

12 System to hostile actions. 

13 (2) The potential negative effects of a pro14 longed Global Positioning System outage, including 

15 with respect to the entire society, to the economy of 

16 the United States, and to the capabilities of the 

17 Armed Forces. 

18 (3) Alternative systems that could back up or 

19 replace the Global Positioning System, especially for 

20 the purpose of providing positioning, navigation, and 

21 timing, to United States civil, commercial, and gov22 ernment users. 

23 (4) Any actions being planned or undertaken by 

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1 ments of the Federal Government to mitigate any 

2 risks to the entire society, to the economy of the 

3 United States, and to the capabilities of the Armed 

4 Forces, stemming from a potential unavailability of 

5 the Global Positioning System. 

6 (d) REPORT.—Not later than 180 days after the date 

7 of the enactment of this Act, the Director of National In8 telligence shall submit to the appropriate committees of 

9 Congress a report in writing and provide such committees 

10 a briefing on the findings of the Director with respect to 

11 the study conducted under subsection (b). 

12 SEC. 607. AUTHORITY FOR TRANSPORTATION OF FEDER13 ALLY OWNED CANINES ASSOCIATED WITH 

14 FORCE PROTECTION DUTIES OF INTEL15 LIGENCE COMMUNITY. 

16 Section 1344(a)(2)(B) of title 31, United States 

17 Code, is amended by inserting ‘‘, or transportation of fed18 erally owned canines associated with force protection du19 ties of any part of the intelligence community (as defined 

20 in section 3 of the National Security Act of 1947 (50 

21 U.S.C. 3003))’’ after ‘‘duties’’. 


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Calendar No. 116 

117TH CONGRESS 

1ST SESSION S. 2610 

A BILL 

To authorize appropriations for fiscal year 2022 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 

AUGUST 4, 2021 

Read twice and placed on the calendar 


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