A BILL 
To authorize appropriations for fiscal year 2023 for intel-
ligence and intelligence-related activities of the United 
States Government, the Community Management Ac-
count, and the Central Intelligence Agency Retirement 
and Disability System, and for other purposes. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6652
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘In-
telligence Authorization Act for Fiscal Year 2023’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—INTELLIGENCE ACTIVITIES 
Sec. 101. Authorization of appropriations. 
Sec. 102. Classified schedule of authorizations. 
Sec. 103. Intelligence community management account. 
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
DISABILITY SYSTEM 
Sec. 201. Authorization of appropriations. 
TITLE III—GENERAL INTELLIGENCE COMMUNITY MATTERS 
Sec. 301. Restriction on conduct of intelligence activities. 
Sec. 302. Increase in employee compensation and benefits authorized by law. 
Sec. 303. Joint Intelligence Community Council. 
Sec. 304. Required policy for minimum insider threat standards. 
Sec. 305. Timely submission of classified intelligence budget justification mate-
rials. 
Sec. 306. Unfunded priorities of the intelligence community. 
Sec. 307. Submission of classified annexes to executive orders and other docu-
ments. 
Sec. 308. Improvements to program on recruitment and training. 
Sec. 309. Measures to mitigate counterintelligence threats from proliferation and 
use of foreign commercial spyware. 
Sec. 310. Expansion of treatment of moving expenses. 
Sec. 311. Personnel vetting performance measures. 
Sec. 312. Proactive cybersecurity. 
Sec. 313. Limitation on availability of funds for Intelligence Community Man-
agement Account pending submission of report on domestic ac-
tivities of intelligence community. 
TITLE IV—MATTERS RELATING TO ELEMENTS OF THE 
INTELLIGENCE COMMUNITY 
Subtitle A—Office of the Director of National Intelligence 
Sec. 401. Modifications to responsibilities and authorities of Director of National 
Intelligence. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6213
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
Sec. 402. Annual submission to Congress of National Intelligence Priorities 
Framework. 
Sec. 403. Disposition of records of Office of the Director of National Intelligence. 
Subtitle B—Central Intelligence Agency 
Sec. 411. Authority of Central Intelligence Agency to provide protection for cer-
tain personnel. 
Sec. 412. Notification of use of certain expenditure authorities. 
Sec. 413. Clarification of authorities relating to security personnel at Office of 
Director of National Intelligence facilities and installations. 
Sec. 414. Office of Workforce Support of Central Intelligence Agency. 
Sec. 415. Establishment of External Advisory Board for Talent for the Central 
Intelligence Agency. 
Sec. 416. Study on relationship between Central Intelligence Agency and Con-
gress. 
Sec. 417. Historical Advisory Panel of Central Intelligence Agency. 
Subtitle C—Elements of the Defense Intelligence Enterprise 
Sec. 421. Deputy Director for Defense Intelligence responsible for warfighter sup-
port. 
Sec. 422. Cover enhancement authorities. 
Sec. 423. Authority of Army counterintelligence agents to execute warrants and 
make arrests. 
Sec. 424. Inclusion of Space Force as element of intelligence community. 
Sec. 425. Military intelligence collection and analysis partnerships. 
Sec. 426. Intelligence assessment of effects of counterterrorism strikes. 
Sec. 427. Submission of certain legislative proposals. 
Sec. 428. Oversight of Defense Intelligence Agency culture. 
Sec. 429. Cyber intelligence surveillance reconnaissance information. 
Sec. 430. Information on cover activities of Department of Defense. 
Subtitle D—Other Elements 
Sec. 441. Authorization relating to certain intelligence and counterintelligence ac-
tivities of Coast Guard. 
Sec. 442. Study on personnel under Strategic Intelligence Partnership Program. 
Sec. 443. Assessment of handling of certain information relating to deliberations 
of Bureau of Industry and Security. 
TITLE V—MATTERS RELATING TO EMERGING TECHNOLOGIES 
Subtitle A—General Matters 
Sec. 501. Definitions. 
Sec. 502. Officials responsible for artificial intelligence policies of the intelligence 
community. 
Subtitle B—Improvements Relating to Procurement 
Sec. 511. Additional transaction authority. 
Sec. 512. Offices of Commercial Integration. 
Sec. 513. Pilot program for designation of certain SBIR and STTR projects as 
Entrepreneurial Innovation Projects. 
Sec. 514. Reduction of barriers relating to contracts for artificial intelligence and 
other emerging technologies. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6213
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
Sec. 515. Compliance by the intelligence community with requirements of the 
Federal Acquisition Regulation relating to commercially avail-
able off-the-shelf items and commercial services. 
Sec. 516. Policy on required user adoption metrics in certain contracts for artifi-
cial intelligence software products. 
Sec. 517. Assessments relating to information technology and software systems. 
Subtitle C—Reports 
Sec. 521. Reports on integration of artificial intelligence within intelligence com-
munity. 
Sec. 522. Report on potential benefits of establishment of ICWERX. 
Sec. 523. Requirements and report on workforce needs of intelligence community 
relating to science, technology, engineering, and mathematics, 
and related areas. 
Subtitle D—Other Matters 
Sec. 531. Improvements to use of commercial software products. 
Sec. 532. Improvements to employees and managers relating to emerging tech-
nologies, software development, acquisition, and sustainment. 
TITLE VI—MATTERS RELATING TO FOREIGN COUNTRIES 
Subtitle A—Miscellaneous Authorities, Requirements, and Limitations 
Sec. 601. Notice of deployment or transfer of containerized missile systems by 
Russia, China, or Iran. 
Sec. 602. Intelligence community coordinator for Russian atrocities account-
ability. 
Sec. 603. Lead intelligence community coordinator for countering and neutral-
izing proliferation of Iran-origin unmanned aircraft systems. 
Sec. 604. Collaboration between intelligence community and Department of Com-
merce to counter foreign commercial threats. 
Sec. 605. Intelligence assessment on foreign weaponization of advertisement tech-
nology data. 
Sec. 606. Intelligence community assessment regarding Russian gray zone assets. 
Sec. 607. Intelligence assessment on effects of sanctions on Russia. 
Subtitle B—Reports and Other Matters 
Sec. 611. Report on assessing will to fight. 
Sec. 612. Report on impact of Russia invasion of Ukraine on global food security. 
Sec. 613. Report on threat from hypersonic weapons. 
Sec. 614. Report on ordnance of Russia and China. 
Sec. 615. Report on activities of China and Russia targeting Latin America and 
the Caribbean. 
Sec. 616. Report on support provided by China to Russia. 
Sec. 617. Report on global CCP investment in port infrastructure. 
Sec. 618. Sense of Congress on provision of support by intelligence community for 
atrocity prevention and accountability. 
TITLE VII—REPORTS AND OTHER MATTERS 
Sec. 701. Repeal of certain report requirements. 
Sec. 702. Increased intelligence-related engineering, research, and development ca-
pabilities of minority institutions. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6213
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
Sec. 703. Annual report on response to Government Accountability Office rec-
ommendations to intelligence community. 
Sec. 704. Annual report on efforts of the Federal Bureau of Investigation to iden-
tify and promote diverse candidates. 
Sec. 705. Reports on personnel vetting processes and progress under Trusted 
Workforce 2.0 initiative. 
Sec. 706. Reports relating to programs of record of National Geospatial-Intel-
ligence Agency. 
Sec. 707. Plan regarding Social Media Data and Threat Analysis Center. 
Sec. 708. Report on use of publicly available social media information in per-
sonnel vetting determinations. 
Sec. 709. Report on strengthening workforce diversity planning and oversight. 
Sec. 710. Report on improving opportunities for women and minorities for pro-
motions in the intelligence community. 
Sec. 711. Report on transition of National Reconnaissance Office to digital engi-
neering environment. 
Sec. 712. Report on Department of Homeland Security intelligence enterprise. 
Sec. 713. Report on declassification efforts of Central Intelligence Agency. 
Sec. 714. Report on National Space Intelligence Center. 
Sec. 715. Report on implementation of Executive Order 13556, regarding con-
trolled unclassified information. 
Sec. 716. Comptroller General of the United States compilation of unidentified 
aerospace-undersea phenomena records. 
Sec. 717. National Museum of Intelligence and Special Operations. 
Sec. 718. Technical corrections. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) CONGRESSIONAL
INTELLIGENCE
COMMIT-
TEES.—The term ‘‘congressional intelligence commit-
tees’’ has the meaning given such term in section 3 
of the National Security Act of 1947 (50 U.S.C. 
3003). 
(2) INTELLIGENCE COMMUNITY.—The term ‘‘in-
telligence community’’ has the meaning given such 
term in section 3 of the National Security Act of 1947 
(50 U.S.C. 3003). 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
TITLE I—INTELLIGENCE 
ACTIVITIES 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fis-
cal year 2023 for the conduct of the intelligence and intel-
ligence-related activities of the following elements of the 
United States Government: 
(1) The Office of the Director of National Intel-
ligence. 
(2) The Central Intelligence Agency. 
(3) The Department of Defense. 
(4) The Defense Intelligence Agency. 
(5) The National Security Agency. 
(6) The Department of the Army, the Depart-
ment of the Navy, and the Department of the Air 
Force. 
(7) The Coast Guard. 
(8) The Department of State. 
(9) The Department of the Treasury. 
(10) The Department of Energy. 
(11) The Department of Justice. 
(12) The Federal Bureau of Investigation. 
(13) The Drug Enforcement Administration. 
(14) The National Reconnaissance Office. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
(15) The National Geospatial-Intelligence Agen-
cy. 
(16) The Department of Homeland Security. 
(17) The Space Force. 
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 
(a) SPECIFICATIONS OF AMOUNTS.—The amounts au-
thorized to be appropriated under section 101 for the con-
duct of the intelligence activities of the elements listed in 
paragraphs (1) through (17) of section 101, are those speci-
fied in the classified Schedule of Authorizations prepared 
to accompany this Act. 
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU-
THORIZATIONS.— 
(1) AVAILABILITY.—The classified Schedule of 
Authorizations referred to in subsection (a) shall be 
made available to the Committee on Appropriations 
of the Senate, the Committee on Appropriations of the 
House of Representatives, and to the President. 
(2) DISTRIBUTION BY THE PRESIDENT.—Subject 
to paragraph (3), the President shall provide for suit-
able distribution of the classified Schedule of Author-
izations referred to in subsection (a), or of appro-
priate portions of such Schedule, within the executive 
branch. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
(3) LIMITS
ON
DISCLOSURE.—The President 
shall not publicly disclose the classified Schedule of 
Authorizations or any portion of such Schedule ex-
cept— 
(A) as provided in section 601(a) of the Im-
plementing Recommendations of the 9/11 Com-
mission Act of 2007 (50 U.S.C. 3306(a)); 
(B) to the extent necessary to implement the 
budget; or 
(C) as otherwise required by law. 
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT AC-
COUNT. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated for the Intelligence Commu-
nity Management Account of the Director of National Intel-
ligence for fiscal year 2023 the sum of $665,800,000. 
(b) CLASSIFIED
AUTHORIZATION
OF
APPROPRIA-
TIONS.—In addition to amounts authorized to be appro-
priated for the Intelligence Community Management Ac-
count by subsection (a), there are authorized to be appro-
priated for the Intelligence Community Management Ac-
count for fiscal year 2023 such additional amounts as are 
specified in the classified Schedule of Authorizations re-
ferred to in section 102(a). 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
TITLE 
II—CENTRAL 
INTEL-
LIGENCE 
AGENCY 
RETIRE-
MENT AND DISABILITY SYS-
TEM 
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated for the Central 
Intelligence Agency Retirement and Disability Fund 
$514,000,000 for fiscal year 2023. 
TITLE 
III—GENERAL 
INTEL-
LIGENCE 
COMMUNITY 
MAT-
TERS 
SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE 
ACTIVITIES. 
The authorization of appropriations by this Act shall 
not be deemed to constitute authority for the conduct of any 
intelligence activity which is not otherwise authorized by 
the Constitution or the laws of the United States. 
SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND 
BENEFITS AUTHORIZED BY LAW. 
Appropriations authorized by this Act for salary, pay, 
retirement, and other benefits for Federal employees may 
be increased by such additional or supplemental amounts 
as may be necessary for increases in such compensation or 
benefits authorized by law. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 303. JOINT INTELLIGENCE COMMUNITY COUNCIL. 
(a) MEMBERSHIP.—Subsection (b) of section 101A of 
the National Security Act of 1947 (50 U.S.C. 3022) is 
amended— 
(1) by redesignating paragraph (8) as para-
graph (9); and 
(2) by inserting after paragraph (7) the fol-
lowing new paragraph: 
‘‘(8) The Director of the Central Intelligence 
Agency.’’. 
(b) FUNCTIONS.—Subsection (c) of such section is 
amended— 
(1) in paragraph (1), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (2), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(3) ensuring that the intelligence community 
has efficient and effective mechanisms to receive and 
prioritize the intelligence needs of the departments 
and agencies of the United States Government that 
are not part of the intelligence community or the De-
partment of Defense.’’. 
(c) MEETINGS.—Subsection (d) of such section is 
amended by striking ‘‘as the Director considers appro-
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
priate’’ and inserting ‘‘on an annual basis, or more fre-
quently as the Director determines appropriate’’. 
SEC. 304. REQUIRED POLICY FOR MINIMUM INSIDER 
THREAT STANDARDS. 
(a) REQUIREMENT.—Section 102A(f) of the National 
Security Act of 1947 (50 U.S.C. 3024(f)) is amended— 
(1) by redesignating paragraphs (8) and (9) as 
paragraphs (9) and (10), respectively; and 
(2) by inserting after paragraph (7) the fol-
lowing new paragraph: 
‘‘(8)(A) The Director of National Intelligence shall en-
sure there is established a policy for minimum insider 
threat standards that is consistent with the Presidential 
memorandum of November 21, 2012, titled ‘National In-
sider Threat Policy and Minimum Standards for Executive 
Branch Insider Threat Programs’, or any successor thereto. 
‘‘(B) The head of each element of the intelligence com-
munity shall implement the policy under subparagraph (A) 
within that element, and, concurrent with the submission 
to Congress of budget justification materials in support of 
the budget of the President for a fiscal year that is sub-
mitted to Congress under section 1105(a) of title 31, United 
States Code, shall submit to Congress a certification as to 
whether the element is in compliance with such policy. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(C) The Director shall conduct periodic audits to de-
termine whether each element of the intelligence community 
is in compliance with the policy under subparagraph (A). 
The Director may refer any audit under this subparagraph 
to the Inspector General of the Intelligence Community, who 
shall conduct such audit on behalf of the Director.’’. 
(b) CONFORMING AMENDMENT.—Section 102A(x)(3) of 
such Act (50 U.S.C. 3024(x)(3)) is amended by inserting 
‘‘, including the policy under subsection (f)(8),’’ after ‘‘poli-
cies of the intelligence community’’. 
SEC. 305. TIMELY SUBMISSION OF CLASSIFIED INTEL-
LIGENCE 
BUDGET 
JUSTIFICATION 
MATE-
RIALS. 
Title V of the National Security Act of 1947 (50 U.S.C. 
3091 et seq.) is amended by inserting after section 506I the 
following new section (and conforming the table of contents 
at the beginning of such Act accordingly): 
‘‘SEC. 
506J. 
CLASSIFIED 
INTELLIGENCE 
BUDGET 
JUS-
TIFICATION MATERIALS. 
‘‘(a) TIMELY SUBMISSION.—At the same time as the 
President submits to Congress the budget for each fiscal 
year, the Director of National Intelligence shall submit to 
the congressional intelligence committees the classified intel-
ligence budget justification materials for the element for 
that budget. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) The term ‘budget’ has the meaning given the 
term ‘budget of the President’ in section 506A. 
‘‘(2) The term ‘classified intelligence budget jus-
tification materials’ means, with respect to a fiscal 
year, the materials submitted to Congress by the Di-
rector of National Intelligence in support of the budg-
et for that fiscal year that are classified or otherwise 
protected from public disclosure.’’. 
SEC. 306. UNFUNDED PRIORITIES OF THE INTELLIGENCE 
COMMUNITY. 
Title V of the National Security Act of 1947 (50 U.S.C. 
3091 et seq.), as amended by section 305, is further amend-
ed by adding at the end the following new section (and con-
forming the table of contents at the beginning of such Act 
accordingly): 
‘‘SEC. 514. UNFUNDED PRIORITIES OF THE INTELLIGENCE 
COMMUNITY: ANNUAL REPORT. 
‘‘(a) ANNUAL REPORT.—Not later than 10 days after 
the date on which the budget of the President for a fiscal 
year is submitted to Congress pursuant to section 1105 of 
title 31, United States Code, the head of each element of 
the intelligence community shall submit to the Director of 
National Intelligence and to the congressional intelligence 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
committees a report on the unfunded priorities of the pro-
grams under the jurisdiction of such head. 
‘‘(b) ELEMENTS.— 
‘‘(1) IN GENERAL.—Each report under subsection 
(a) shall specify, for each unfunded priority covered 
by such report, the following: 
‘‘(A) A summary description of such pri-
ority, including the objectives to be achieved if 
such priority is funded (whether in whole or in 
part). 
‘‘(B) Whether such priority will satisfy a 
covert action or support collection against re-
quirements identified in the National Intel-
ligence Priorities Framework of the Office of the 
Director of National Intelligence (or any suc-
cessor 
mechanism 
established 
for 
the 
prioritization of programs and activities), in-
cluding a description of such requirements and 
the related prioritization level. 
‘‘(C) The additional amount of funds rec-
ommended in connection with the objectives 
under subparagraph (A). 
‘‘(D) Budget information with respect to the 
unfunded priority, including— 
‘‘(i) the appropriation account; 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(ii) the expenditure center; and 
‘‘(iii) the project and, if applicable, 
subproject. 
‘‘(2) PRIORITIZATION OF PRIORITIES.—Each re-
port shall present the unfunded priorities covered by 
such report in overall order of urgency of priority 
among unfunded priorities. 
‘‘(c) UNFUNDED PRIORITY DEFINED.—In this section, 
the term ‘unfunded priority’, in the case of a fiscal year, 
means a program, activity, or mission requirement of an 
element of the intelligence community that— 
‘‘(1) is not funded in the budget of the President 
for the fiscal year as submitted to Congress pursuant 
to section 1105 of title 31, United States Code; 
‘‘(2) is necessary to fulfill a covert action or to 
satisfy an information requirement associated with 
the collection, analysis, or dissemination of intel-
ligence that has been documented within the National 
Intelligence Priorities Framework; and 
‘‘(3) would have been recommended for funding 
by the head of the element of the intelligence commu-
nity if— 
‘‘(A) additional resources had been available 
for the budget to fund the program, activity, or 
mission requirement; or 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(B) the program, activity, or mission re-
quirement has emerged since the budget was for-
mulated.’’. 
SEC. 307. SUBMISSION OF CLASSIFIED ANNEXES TO EXECU-
TIVE ORDERS AND OTHER DOCUMENTS. 
(a) REQUIREMENT.—Title V of the National Security 
Act of 1947 (50 U.S.C. 3091 et seq.), as amended by section 
306, is further amended by adding at the end the following 
new section (and conforming the table of contents at the 
beginning of such Act accordingly): 
‘‘SEC. 515. SUBMISSION OF CLASSIFIED ANNEXES TO EXEC-
UTIVE ORDERS AND OTHER DOCUMENTS. 
‘‘(a) REQUIREMENT.—Not later than 7 days after the 
date on which the President issues or amends a covered doc-
ument, the Director of National Intelligence shall submit 
to the congressional intelligence committees any classified 
annex accompanying that document if such annex contains 
a reference to any element of the intelligence community. 
‘‘(b) COVERED DOCUMENT DEFINED.—In this section, 
the term ‘covered document’ means any executive order, 
memorandum, or policy directive issued by the President, 
including national security Presidential memoranda and 
Presidential policy directives, or such successor memoranda 
and directives.’’. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
(b) INITIAL SUBMISSION.—Not later than 60 days 
after the date of the enactment of this Act, the Director of 
National Intelligence shall submit to the congressional intel-
ligence committees each classified annex required under sec-
tion 515 of the National Security Act, as added by sub-
section (a), in effect as of the date of enactment of this Act. 
SEC. 308. IMPROVEMENTS TO PROGRAM ON RECRUITMENT 
AND TRAINING. 
Section 1022 of the National Security Act of 1947 (50 
U.S.C. 3222) is amended to read as follows: 
‘‘SEC. 1022. PROGRAM ON RECRUITMENT AND TRAINING. 
‘‘(a) PROGRAM.— 
‘‘(1) REQUIREMENT.—The Director of National 
Intelligence, in consultation with the heads of the ele-
ments of the intelligence community, shall carry out 
a program to ensure that selected individuals are pro-
vided funds for academic training (including with re-
spect to both undergraduate and postgraduate edu-
cation), or to reimburse for academic training pre-
viously obtained— 
‘‘(A) in capabilities, missions, or skillsets, 
especially in the fields of science, technology, 
mathematics, and engineering, to address work-
force requirements in which the intelligence com-
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
munity is deficient or likely to be deficient in the 
future; or 
‘‘(B) for such individuals who have back-
grounds or experiences that the Director has 
identified as being underrepresented in the intel-
ligence community or likely to be underrep-
resented in the future. 
‘‘(2) COMMITMENT.—An individual selected for 
participation in the program shall commit to employ-
ment with an element of the intelligence community 
for a period that the Director determines is commen-
surate with the amount of funding provided to the in-
dividual under the program and under such terms 
and conditions as the Director considers appropriate. 
‘‘(3) DESIGNATION.—The program shall be 
known as the Pat Roberts Intelligence Scholars Pro-
gram. 
‘‘(4) OUTREACH.—The Director, in consultation 
with the heads of the elements of the intelligence com-
munity, shall maintain a publicly available internet 
website on the program that describes— 
‘‘(A) the intent of the program; 
‘‘(B) the conditions and requirements for se-
lection and participation; 
‘‘(C) application instructions; 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(D) the areas covered by the program pur-
suant to the review conducted under subsection 
(b)(2); and 
‘‘(E) any other details the Director deter-
mines appropriate. 
‘‘(b) ELEMENTS.—In carrying out the program under 
subsection (a), the Director shall— 
‘‘(1) establish such requirements relating to the 
academic training of participants as the Director 
considers appropriate to ensure that participants are 
prepared for employment as intelligence professionals; 
and 
‘‘(2) on an annual basis, review the areas that 
will contribute to the capabilities, missions, and 
skillsets in which the intelligence community is defi-
cient or is likely to be deficient in the future. 
‘‘(c) USE OF FUNDS.—Funds made available for the 
program under subsection (a) shall be used— 
‘‘(1) to provide a monthly stipend for each 
month that a participant is pursuing a course of 
study; 
‘‘(2) to pay the partial or full tuition or other 
appropriate education expenses of a participant for 
the completion of such course of study; 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(3) to reimburse a participant for tuition or 
other appropriate education expenses paid by the par-
ticipant before becoming an employee of an element of 
the intelligence community, including with respect to 
providing payments for student loans used for such 
tuition and expenses; 
‘‘(4) to pay for books and materials that the par-
ticipant requires or required to complete such course 
of study; 
‘‘(5) to pay the expenses of the participant for 
travel requested by an element of the intelligence com-
munity in relation to such program; or 
‘‘(6) for such other purposes the Director con-
siders reasonably appropriate to carry out such pro-
gram.’’. 
SEC. 309. MEASURES TO MITIGATE COUNTERINTELLIGENCE 
THREATS FROM PROLIFERATION AND USE OF 
FOREIGN COMMERCIAL SPYWARE. 
(a) FINDINGS.—Congress finds the following: 
(1) The proliferation of foreign commercial 
spyware poses an acute and emergent threat to the 
national security of the United States. 
(2) Foreign entities have developed and supplied 
foreign commercial spyware to other foreign govern-
ments that used these tools to maliciously target offi-
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
cials of the United States Government. Many of those 
foreign governments have, in service of their repres-
sive activities, targeted journalists, businesspeople, ac-
tivists, academics, and other persons. 
(3) Furthermore, public reports suggest that for-
eign companies involved in the proliferation of for-
eign commercial spyware maintain close ties to for-
eign governments and their intelligence services. This 
close relationship between foreign governments and 
the companies selling foreign commercial spyware 
furthers the already substantial counterintelligence 
concerns for any end-user of these products, including 
potential end-users in the United States. 
(4) To mitigate the grave counterintelligence 
threat posed by the rapid spread of these tools—as 
well as to improve the digital security of citizens of 
the United States, combat cyber threats, and mitigate 
unlawful surveillance—the United States on January 
19, 2022, finalized a rule establishing controls on the 
export, reexport, or in-country transfer of certain 
items that can be used for malicious cyber activities. 
(5) In furtherance of the same national security 
objectives, the Commerce Department on November 4, 
2021, released a rule adding four foreign companies 
to the Entity List for engaging in activities that are 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
contrary to the national security or foreign policy in-
terests of the United States. This rule had the prac-
tical effect of preventing the listed companies from re-
ceiving American technologies. 
(6) Subsequent public reports indicate that at 
least one of the four companies added to the Entity 
List attempted to evade these and other restrictions, 
and a private consultancy which oversees that com-
pany informed the European Parliament in 2022 
that it could not confirm the blacklisted company is 
complying with all relevant laws and regulatory 
frameworks. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that the intelligence community, with its unique authori-
ties, foreign intelligence mission, analytical capabilities, 
and other capabilities, is best positioned to lead the efforts 
of the United States Government to mitigate the counter-
intelligence threats posed by the rapidly expanding eco-
system of foreign commercial spyware, including by devis-
ing and implementing strategies to protect personnel of the 
United States Government from being maliciously targeted. 
(c) STATEMENT OF POLICY.—It shall be the policy of 
the United States to decisively act against counterintel-
ligence threats posed by foreign commercial spyware, as 
well as the individuals who lead entities selling foreign com-
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
mercial spyware and who are reasonably believed to be in-
volved, have been involved, or pose a significant risk to 
being or becoming involved, in activities contrary to the na-
tional security or foreign policy interests of the United 
States. 
(d) MEASURES TO MITIGATE COUNTERINTELLIGENCE 
THREATS.—Title XI of the National Security Act of 1947 
(50 U.S.C. 3231 et seq.) is amended by inserting after sec-
tion 1102 the following new section (and conforming the 
table of contents at the beginning of such Act accordingly): 
‘‘SEC. 1102A. MEASURES TO MITIGATE COUNTERINTEL-
LIGENCE THREATS FROM PROLIFERATION 
AND 
USE 
OF 
FOREIGN 
COMMERCIAL 
SPYWARE. 
‘‘(a) ANNUAL
ASSESSMENTS
OF
COUNTERINTEL-
LIGENCE THREATS.— 
‘‘(1) REQUIREMENT.—Not later than March 1, 
2023, and annually thereafter, the Director of Na-
tional Intelligence, in coordination with the Director 
of the Central Intelligence Agency, the Director of the 
National Security Agency, and the Director of the 
Federal Bureau of Investigation, shall submit to the 
congressional intelligence committees a report con-
taining an assessment of the counterintelligence 
threats and other risks to the national security of the 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
United States posed by the proliferation of foreign 
commercial spyware. The assessment shall incorporate 
all credible data, including open-source information. 
‘‘(2) ELEMENTS.—Each report under paragraph 
(1) shall include the following, if known: 
‘‘(A) A list of the most significant foreign 
companies, as determined by the Director of Na-
tional Intelligence, selling, leasing, or otherwise 
providing foreign commercial spyware, and asso-
ciated foreign commercial entities, assessed by 
the intelligence community to be the most signifi-
cant foreign actors in the global proliferation of 
foreign commercial spyware. 
‘‘(B) A description of the foreign commer-
cial spyware marketed by the foreign companies 
identified under subparagraph (A) and an as-
sessment by the intelligence community of the 
foreign commercial spyware. 
‘‘(C) An assessment of the counterintel-
ligence risk to personnel of the intelligence com-
munity posed by such spyware. 
‘‘(D) Details of where each foreign company 
identified under subparagraph (A) is domiciled, 
as well as any foreign country in which the com-
pany has subsidiaries or resellers acting as the 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
local agent on behalf of the foreign parent com-
pany. 
‘‘(E) A description of how each such foreign 
company is financed, where the foreign company 
acquired its capital, and the major investors in 
the foreign company. 
‘‘(F) An assessment by the intelligence com-
munity of any relationship between each such 
foreign company and a foreign government, in-
cluding any export controls and processes to 
which the foreign company is subject. 
‘‘(G) To the extent such information is ob-
tainable through clandestine collection or open 
source intelligence, a list of the foreign customers 
of each such foreign company, including the un-
derstanding by the intelligence community of the 
organizations and end-users within any foreign 
government that procured the spyware of that 
foreign company. 
‘‘(H) With respect to each foreign customer 
identified under subparagraph (G), an assess-
ment by the intelligence community regarding 
how the foreign customer is using the spyware, 
including whether the spyware has been used to 
target personnel of the intelligence community. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(I) With respect to the first report, a miti-
gation plan to reduce the exposure of personnel 
of the intelligence community to foreign commer-
cial spyware. 
‘‘(J) With respect to each report following 
the first report, details of steps taken by the in-
telligence community since the previous report to 
implement measures to reduce the exposure of 
personnel of the intelligence community to for-
eign commercial spyware. 
‘‘(3) FORM.—Each report under paragraph (1) 
shall be submitted in classified form. 
‘‘(4) DISSEMINATION.—The Director of National 
Intelligence shall share each report under paragraph 
(1) with the heads of other appropriate Federal de-
partments and agencies, including the President, the 
heads of all elements of the intelligence community, 
the Secretary of State, the Attorney General, the Di-
rector of the Federal Bureau of Investigation, the Sec-
retary of Commerce, and the heads of any other agen-
cies the Director determines appropriate. 
‘‘(b) CLASSIFIED WATCHLIST.— 
‘‘(1) SUBMITTAL TO CONGRESS.—The Director of 
National Intelligence shall submit to the appropriate 
congressional committees a list of companies selling, 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
leasing, or otherwise providing foreign commercial 
spyware that the Director determines are engaged in 
activities that pose a counterintelligence risk to per-
sonnel of the intelligence community. 
‘‘(2) UPDATES.—The Director shall update the 
list under paragraph (1) not less frequently than an-
nually. 
‘‘(3) FORM.—Each list under paragraph (1) 
shall be submitted in classified form. 
‘‘(4) DISSEMINATION.—The Director of National 
Intelligence shall share each list under paragraph (1) 
with the heads of other appropriate Federal depart-
ments and agencies, including the President, the 
heads of all elements of the intelligence community, 
the Secretary of State, the Attorney General, the Di-
rector of the Federal Bureau of Investigation, the Sec-
retary of Commerce, and the heads of any other agen-
cies the Director determines appropriate. 
‘‘(c) AUTHORITY TO PROHIBIT PURCHASE OR USE BY 
INTELLIGENCE COMMUNITY.— 
‘‘(1) FOREIGN COMMERCIAL SPYWARE FROM FOR-
EIGN SPYWARE COMPANY.— 
‘‘(A) IN
GENERAL.—The Director of Na-
tional Intelligence may prohibit any element of 
the intelligence community from procuring, leas-
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
ing, or otherwise acquiring on the commercial 
market, or extending or renewing a contract to 
procure, lease, or otherwise acquire, foreign com-
mercial spyware from a foreign spyware com-
pany. 
‘‘(B) 
CONSIDERATIONS.—In 
determining 
whether and how to exercise the authority under 
subparagraph (A), the Director of National In-
telligence shall consider— 
‘‘(i) the assessment of the intelligence 
community of the counterintelligence threats 
or other risks to the United States posed by 
the foreign commercial spyware; and 
‘‘(ii) the assessment of the intelligence 
community of whether the foreign commer-
cial spyware has been used to target United 
States Government personnel. 
‘‘(2) DOMESTIC
COMPANY
PROVIDING
FOREIGN 
COMMERCIAL SPYWARE.— 
‘‘(A) 
AUTHORITY
TO
PROHIBIT
PUR-
CHASE.—The Director of National Intelligence 
may prohibit the purchase or use by the intel-
ligence community of spyware from a domestic 
company if the Director determines that the 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
spyware was originally sourced, in whole or in 
part, from a foreign company. 
‘‘(B) 
CONSIDERATIONS.—In 
considering 
whether and how to exercise the authority under 
subparagraph (A) with respect to spyware, the 
Director of National Intelligence shall consider— 
‘‘(i) whether the original owner or de-
veloper retains any of the physical property 
or intellectual property associated with the 
spyware; 
‘‘(ii) whether the original owner or de-
veloper has verifiably destroyed all copies of 
the data collected by or associated with the 
spyware; 
‘‘(iii) whether the personnel of the 
original owner or developer retain any ac-
cess to data collected by or associated with 
the spyware; 
‘‘(iv) whether the use of the spyware re-
quires the user to connect to an information 
system of the original owner or developer or 
of a foreign government; and 
‘‘(v) whether the spyware poses a coun-
terintelligence risk to the United States or 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
any other threat to the national security of 
the United States. 
‘‘(3) DOMESTIC COMPANY THAT HAS ACQUIRED 
FOREIGN COMMERCIAL SPYWARE.— 
‘‘(A) AUTHORITY.—The Director of Na-
tional Intelligence may prohibit any element of 
the intelligence community from entering into 
any contract or other agreement for any purpose 
with a domestic company that has acquired, in 
whole or in part, any foreign commercial 
spyware. 
‘‘(B) 
CONSIDERATIONS.—In 
considering 
whether and how to exercise the authority under 
subparagraph (A) with respect to a domestic 
company that has acquired foreign commercial 
spyware, the Director of National Intelligence 
shall consider— 
‘‘(i) whether the original owner or de-
veloper of the spyware retains any of the 
physical property or intellectual property 
associated with the spyware; 
‘‘(ii) whether the original owner or de-
veloper of the spyware has verifiably de-
stroyed all copies of the data collected by or 
associated with the spyware; 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(iii) whether the personnel of the 
original owner or developer of the spyware 
retain any access to data collected by or as-
sociated with the spyware; 
‘‘(iv) whether the use of the spyware re-
quires the user to connect to an information 
system of the original owner or developer or 
of a foreign government; and 
‘‘(v) whether the spyware poses a coun-
terintelligence risk to the United States or 
any other threat to the national security of 
the United States. 
‘‘(4) WAIVER AUTHORITY.— 
‘‘(A) IN GENERAL.—The head of an element 
of the intelligence community may request from 
the Director of National Intelligence the waiver 
of a prohibition made under paragraph (1), (2), 
or (3). The Director may issue such a waiver in 
response to such a request if— 
‘‘(i) such waiver is in the national se-
curity interest of the United States; and 
‘‘(ii) the Director submits to the con-
gressional intelligence committees the notice 
described in subparagraph (B). 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(B) NOTICE.—Not later than 30 days after 
issuing a waiver under subparagraph (A), the 
Director of National Intelligence shall submit to 
the congressional intelligence committees notice 
of the waiver. Such notice shall include— 
‘‘(i) an identification of the head of the 
element of the intelligence community that 
requested the waiver; 
‘‘(ii) the rationale for issuing the waiv-
er; and 
‘‘(iii) the considerations that informed 
the ultimate determination of the Director 
to issue the wavier. 
‘‘(5) TERMINATION OF PROHIBITION.—The Di-
rector of National Intelligence may terminate a pro-
hibition made under paragraph (1), (2), or (3) at 
any time. 
‘‘(d) NOTIFICATIONS.— 
‘‘(1) IN GENERAL.—Not later than 30 days after 
the date on which the Director of National Intel-
ligence exercises the authority to issue a prohibition 
under subsection (c), the Director of National Intel-
ligence shall notify the congressional intelligence com-
mittees of such exercise of authority. Such notice shall 
include— 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(A) a description of the circumstances 
under which the prohibition was issued; 
‘‘(B) an identification of the company or 
product covered by the prohibition; 
‘‘(C) any information that contributed to 
the decision of the Director to exercise the au-
thority, including any information relating to 
counterintelligence or other risks to the national 
security of the United States posed by the com-
pany or product, as assessed by the intelligence 
community; and 
‘‘(D) an identification of each element of the 
intelligence community to which the prohibition 
has been applied. 
‘‘(2) COUNTERINTELLIGENCE
NOTIFICATIONS.— 
Not later than 30 days after the date on which an ele-
ment of the intelligence community becomes aware 
that a Government-issued mobile device was targeted 
or compromised by foreign commercial spyware, the 
Director of National Intelligence, in coordination 
with the Director of the Federal Bureau of Investiga-
tion, shall notify the congressional intelligence com-
mittees of such determination, including— 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(A) the component of the element and the 
location of the personnel whose device was tar-
geted or compromised; 
‘‘(B) the number of devices compromised or 
targeted; 
‘‘(C) an assessment by the intelligence com-
munity of the damage to national security of the 
United States resulting from any loss of data or 
sensitive information; 
‘‘(D) an assessment by the intelligence com-
munity of any foreign government, or foreign or-
ganization or entity, and, to the extent possible, 
the foreign individuals, who directed and bene-
fitted from any information acquired from the 
targeting or compromise; and 
‘‘(E) as appropriate, an assessment by the 
intelligence community of the capacity and will 
of such governments or individuals to continue 
targeting personnel of the United States Govern-
ment. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘appropriate congressional commit-
tees’ means— 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
a purchaser remote access to information stored on or 
transiting through an electronic device connected to 
the internet, including end-to-end systems that— 
‘‘(A) allow malign actors to infect mobile 
and internet-connected devices with malware 
over both wireless internet and cellular data con-
nections, including without any action required 
by the user of the device; 
‘‘(B) can record telephone calls and other 
audio; 
‘‘(C) track the location of the device; or 
‘‘(D) access and retrieve information on the 
device, including text messages, files, e-mails, 
transcripts of chats, contacts, photos, and brows-
ing history. 
‘‘(4) FOREIGN
SPYWARE
COMPANY.—The term 
‘foreign spyware company’ means an entity that is— 
‘‘(A) incorporated or domiciled outside the 
United States; and 
‘‘(B) not subject to the laws and regulations 
of the United States regulating the surveillance 
of citizens of the United States and foreign citi-
zens. 
‘‘(5) GOVERNMENT-ISSUED
MOBILE
DEVICE.— 
The term ‘Government-issued mobile device’ means a 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
smartphone, tablet, or laptop, or similar portable 
computing device, that is issued to personnel of the 
intelligence community by a department or agency of 
the United States Government for official use by the 
personnel. 
‘‘(6) 
UNITED
STATES
PERSON.—The 
term 
‘United States person’ has the meaning given that 
term in Executive Order 12333 (50 U.S.C. 3001 
note), or any successor order.’’. 
(e) GOVERNMENT-ISSUED MOBILE DEVICES.— 
(1) REQUIREMENT.—Not later than 120 days 
after the date of the enactment of this Act, the Direc-
tor of National Intelligence shall— 
(A) issue standards, guidance, best prac-
tices, and policies for elements of the intelligence 
community to protect Government-issued mobile 
devices from being compromised by foreign com-
mercial spyware; 
(B) survey elements of the intelligence com-
munity regarding the processes used by the ele-
ments to routinely monitor Government-issued 
mobile devices for known indicators of com-
promise associated with foreign commercial 
spyware; or 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
(C) submit to the appropriate congressional 
committees a report on the sufficiency of the 
measures in place to routinely monitor Govern-
ment-issued mobile devices of appropriate per-
sonnel of the intelligence community for known 
indicators of compromise associated with foreign 
commercial spyware. 
(2) FORM.—The report under subparagraph (B) 
may be submitted in classified form. 
(3) PRIVATE
SECTOR
PARTNERSHIPS.—Section 
904(d)(7) of the Counterintelligence Enhancement Act 
of 2002 (50 U.S.C. 3383(d)(7)) is amended by adding 
at the end the following new paragraph: 
‘‘(E) 
VULNERABILITIES
FROM
FOREIGN 
COMMERCIAL SPYWARE.— 
‘‘(i) CONSULTATION.—In carrying out 
efforts to secure Government-issued mobile 
devices, to consult with the private sector of 
the United States and reputable third-party 
researchers to identify vulnerabilities from 
foreign commercial spyware and maintain 
effective security measures for such devices. 
‘‘(ii) DEFINITIONS.—In this subpara-
graph, the terms ‘Government-issued mobile 
devices’ and ‘foreign commercial spyware’ 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
have the meaning given those terms in sec-
tion 1102A of the National Security Act of 
1947.’’. 
(f) IMPOSITION OF SANCTIONS AGAINST CERTAIN PER-
SONS ENGAGED IN PROLIFERATION OR USE OF FOREIGN 
COMMERCIAL SPYWARE.— 
(1) DISCRETIONARY SANCTIONS.—The President 
may impose the sanctions described in paragraph (2) 
with respect to— 
(A) a foreign company the President deter-
mines, based on credible evidence, to pose a coun-
terintelligence or other risk to the national secu-
rity of the United States, such as a company in-
cluded on the watchlist required by subsection (b) 
of section 1102A of the National Security Act of 
1947, as added to subsection (d). 
(B) any foreign individual who— 
(i) is a current or former senior execu-
tive officer employed by a company de-
scribed in subparagraph (A); and 
(ii) is responsible for or complicit in, 
or has directly or indirectly engaged in, the 
proliferation of foreign commercial spyware 
that could enable the targeting of United 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
States Government officials or personnel of 
the intelligence community; 
(C) any foreign individual who— 
(i) is a current or former official of a 
foreign government or is acting for or on be-
half of such official; and 
(ii) is responsible for or complicit in, 
or has directly or indirectly engaged in, the 
targeting of United States Government offi-
cials or personnel of the intelligence commu-
nity through the use of foreign commercial 
spyware; or 
(D) any foreign person that has materially 
assisted, sponsored, or provided financial, mate-
rial, or technological support for, or goods or 
services to or in support of— 
(i) a foreign company selling, leasing, 
or otherwise providing foreign commercial 
spyware; or 
(ii) the targeting of United States Gov-
ernment officials or personnel of the intel-
ligence community through the use of for-
eign commercial spyware. 
(2) SANCTIONS DESCRIBED.—The sanctions de-
scribed in this paragraph are the following: 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
(A) BLOCKING OF PROPERTY.—The Presi-
dent shall exercise all of the powers granted to 
the President under the International Emergency 
Economic Powers Act (50 U.S.C. 1701 et seq.) 
(except that the requirements of section 202 of 
such Act (50 U.S.C. 1701) shall not apply) to the 
extent necessary to block and prohibit all trans-
actions in property and interests in property of 
a person determined by the President to be sub-
ject to paragraph (1) if such property and inter-
ests in property are in the United States, come 
within the United States, or come within the 
possession or control of a United States person. 
(B) INADMISSIBILITY
TO
THE
UNITED 
STATES
AND
REVOCATION
OF
VISA
OR
OTHER 
DOCUMENTATION.— 
(i) INELIGIBILITY
FOR
VISA, ADMIS-
SION, OR PAROLE.—In the case of a foreign 
person determined by the President to be 
subject to paragraph (1) who is an indi-
vidual, the foreign person is— 
(I) inadmissible to the United 
States; 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
(II) ineligible to receive a visa or 
other 
documentation 
to 
enter 
the 
United States; and 
(III) otherwise ineligible to be ad-
mitted or paroled into the United 
States or to receive any other benefit 
under the Immigration and Nation-
ality Act (8 U.S.C. 1101 et seq.). 
(ii) CURRENT VISA REVOKED.—In the 
case of a foreign person determined by the 
President to be subject to paragraph (1) 
who is an individual, the visa or other 
entry documentation of the person shall be 
revoked, regardless of when such visa or 
other entry documentation is or was issued. 
A revocation under this subparagraph shall 
take effect immediately and automatically 
cancel any other valid visa or entry docu-
mentation that is in the person’s possession. 
(iii) EXCEPTION
TO
COMPLY
WITH 
INTERNATIONAL
OBLIGATIONS.—Sanctions 
under this paragraph shall not apply with 
respect to a foreign person if admitting or 
paroling the person into the United States 
is necessary to permit the United States to 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
comply with the Agreement regarding the 
Headquarters of the United Nations, signed 
at Lake Success June 26, 1947, and entered 
into force November 21, 1947, between the 
United Nations and the United States, or 
other applicable international obligations. 
(3) IMPLEMENTATION; PENALTIES.— 
(A) IMPLEMENTATION.—The President may 
exercise all authorities provided under sections 
203 and 205 of the International Emergency 
Economic Powers Act (50 U.S.C. 1702 and 
1704) to carry out this subsection and shall issue 
such regulations, licenses, and orders as are nec-
essary to carry out this subsection. 
(B) PENALTIES.—Any person that violates, 
attempts to violate, conspires to violate, or causes 
a violation of this subsection or any regulation, 
license, or order issued to carry out subpara-
graph (A) shall be subject to the penalties pro-
vided for in subsections (b) and (c) of section 206 
of the International Emergency Economic Pow-
ers Act (50 U.S.C. 1705) to the same extent as 
a person that commits an unlawful act described 
in subsection (a) of that section. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
(4) EXCEPTION RELATING TO IMPORTATION OF 
GOODS.— 
(A) IN GENERAL.—The authorities to im-
pose sanctions authorized under this subsection 
shall not include the authority to impose sanc-
tions on the importation of goods. 
(B) GOOD
DEFINED.—In this paragraph, 
the term ‘‘good’’ means any article, natural or 
man-made substance, material, supply or manu-
factured product, including inspection and test 
equipment, and excluding technical data. 
(5) TERMINATION.—The President may termi-
nate the application of sanctions under this sub-
section at any time. 
(g) REPORT ON HARMONIZATION AMONG FIVE EYES 
PARTNERSHIP.— 
(1) REQUIREMENT.—Not later than 30 days 
after the date of the enactment of this Act, the Direc-
tor of National Intelligence shall submit to the con-
gressional intelligence committees a report on the po-
tential for the United States to lead an effort to devise 
and implement a common approach with the Five 
Eyes Partnership to mitigate the counterintelligence 
risks posed by the proliferation of foreign commercial 
spyware, including by seeking commitments from 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
partner countries of the Five Eyes Partnership to im-
plement measures similar to the requirements under 
this section and section 1102A of the National Secu-
rity Act of 1947 (50 U.S.C. 3231 et seq.), as added 
by this section. 
(2) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form, but may con-
tain a classified annex, consistent with the protection 
of intelligence sources and methods. 
(h) DEFINITIONS.—In this section: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the Committee on Foreign Affairs, the 
Committee on Armed Services, and the Perma-
nent Select Committee on Intelligence of the 
House of Representatives; and 
(B) the Committee on Foreign Relations, 
the Committee on Armed Services, and the Select 
Committee on Intelligence of the Senate. 
(2) FOREIGN
COMMERCIAL
SPYWARE; FOREIGN 
SPYWARE
COMPANY; 
GOVERNMENT-ISSUED
MOBILE 
DEVICE.—The terms ‘‘foreign commercial spyware’’, 
‘‘foreign spyware company’’, and ‘‘Government-issued 
mobile device’’ have the meanings given those terms in 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
section 1102A of the National Security Act of 1947 
(50 U.S.C. 3231 et seq.), as added by this section. 
(3) FIVE EYES PARTNERSHIP.—The term ‘‘Five 
Eyes Partnership’’ means the intelligence alliance 
comprising Australia, Canada, New Zealand, the 
United Kingdom, and the United States. 
(4) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ means a person that is not a United States per-
son. 
(5) PERSON.—The term ‘‘person’’ means an in-
dividual or an entity (including a company). 
SEC. 310. EXPANSION OF TREATMENT OF MOVING EX-
PENSES. 
(a) DEDUCTION.—Section 217(k) of the Internal Rev-
enue Code of 1986 is amended by inserting ‘‘or an employee 
or new appointee of the intelligence community (as defined 
in section 3 of the National Security Act of 1947 (50 U.S.C. 
3003)) (other than a member of the Armed Forces of the 
United States) who moves pursuant to a change in assign-
ment that requires relocation’’ after ‘‘to whom subsection 
(g) applies’’. 
(b) EXCLUSION FOR QUALIFIED MOVING EXPENSE RE-
IMBURSEMENTS.—Section 132(g)(2) of the Internal Rev-
enue Code of 1986 is amended by inserting ‘‘or an employee 
or new appointee of the intelligence community (as defined 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
in section 3 of the National Security Act of 1947 (50 U.S.C. 
3003)) (other than a member of the Armed Forces of the 
United States) who moves pursuant to a change in assign-
ment that requires relocation’’ after ‘‘change of station’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to taxable years beginning after Decem-
ber 31, 2021. 
SEC. 311. PERSONNEL VETTING PERFORMANCE MEASURES. 
(a) MEASURES.—Not later than 180 days after the 
date of the enactment of this Act, the Director of National 
Intelligence, acting as the Security Executive Agent, and 
in coordination with the Chair and other principals of the 
Council, shall develop performance measures to assess the 
vetting of personnel, including measures to assess contin-
uous vetting and the quality of each phase of the security 
clearance process, including the initiation, investigation, 
and adjudication phases. 
(b) REPORT.— 
(1) REQUIREMENT.—Not later than 180 days 
after the date of the enactment of this Act, the Direc-
tor of National Intelligence shall submit to the con-
gressional intelligence committees a report describing 
the performance measures developed under subsection 
(a). 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
(2) ELEMENTS.—The report under paragraph 
(1) shall include the following: 
(A) A description of how departments and 
agencies of the United States Government have 
implemented Security Executive Agent Directive 
6 titled ‘‘Continuous Evaluation’’ and related 
personnel vetting performance measures to en-
sure that implementation is efficient and effec-
tive, including the resources expended by each 
department or agency for continuous vetting and 
whether departments and agencies are identi-
fying security-relevant information in a timely 
manner. 
(B) A description of the performance meas-
ures the Director of National Intelligence and the 
Secretary of Defense use to assess the quality of 
each phase of the security clearance process, in-
cluding initiation, investigation, adjudication, 
reinvestigation, and continuous vetting. 
(C) How such performance measures meet 
key attributes for successful performance meas-
ures as described in the report of the Comptroller 
General of the United States titled ‘‘Personnel 
Vetting: Actions Needed to Implement Reforms, 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
Address Challenges, and Improve Planning’’ 
(GAO–22–104093). 
(D) Any impediments or constraints relat-
ing to the implementation of Security Executive 
Agent Directive 6 or the development of such per-
formance measures to assess the quality of the 
clearance process. 
(c) DEFINITIONS.—The terms ‘‘continuous vetting’’, 
‘‘Council’’, and ‘‘Security Executive Agent’’ have the mean-
ings given those terms in section 6601 of the Damon Paul 
Nelson and Matthew Young Pollard Intelligence Authoriza-
tion Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 
3352). 
SEC. 312. PROACTIVE CYBERSECURITY. 
(a) SURVEY
OF ELEMENTS.—Pursuant to section 
103G(b)(1) of the National Security Act (50 U.S.C. 
3032(b)(1)), not later than 1 year after the date of the en-
actment of this Act, the Chief Information Officer of the 
Intelligence Community shall conduct a survey of each ele-
ment of the intelligence community on the use by that ele-
ment of proactive cybersecurity initiatives, continuous 
monitoring, and active defense techniques. 
(b) REPORT BY CHIEF INFORMATION OFFICER.— 
(1) REPORT.—Not later than 1 year after the 
date of the completion of the survey under subsection 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
(a), the Chief Information Officer of the Intelligence 
Community shall submit to the congressional intel-
ligence committees a report on proactive cybersecurity 
initiatives, continuous monitoring, and active defense 
techniques. Such report shall include the following: 
(A) The results of the survey of each element 
of the intelligence community conducted under 
subsection (a), including— 
(i) examples of any successes against 
attackers who unlawfully breached an infor-
mation system of an element of the intel-
ligence community; and 
(ii) concerns, limitations, and associ-
ated recommendations relating to innova-
tive uses of proactive cybersecurity initia-
tives. 
(B) An analysis of the feasibility, costs, and 
benefits of consolidating oversight and implemen-
tation of such methods within the intelligence 
community, including whether such consolida-
tion would significantly enhance defense. 
(C) An analysis of any statutory or policy 
limitations on the ability of the Director of Na-
tional Intelligence, or the head of any element of 
the intelligence community, to carry out such 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
methods on behalf of an element of the intel-
ligence community or multiple such elements. 
(D) An analysis of the relationships between 
and among the intelligence community, the De-
partment of Defense, the Cybersecurity and Intel-
ligence Security Agency of the Department of 
Homeland Security, national laboratories, and 
the private sector, and whether such relation-
ships should be enhanced to protect national se-
curity systems of the intelligence community 
through proactive cybersecurity measures. 
(E) With respect to active defense tech-
niques, a discussion of the effectiveness of such 
techniques to protect the information systems of 
the elements of the intelligence community, any 
constraints that hinder such techniques, and as-
sociated recommendations. 
(F) With respect to continuous monitoring, 
a discussion of— 
(i) how an information system operates 
under normal and intended use, compared 
to how such system operates under a variety 
of adverse conditions and scenarios; and 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
(ii) the feasibility of the adoption of 
continuous monitoring among the intel-
ligence community. 
(G) Recommendations for legislative action 
and further resources relating to the successful 
use of proactive cybersecurity initiatives, decep-
tion environments, and continuous monitoring. 
(2) FORM.—The report under paragraph (1) 
may be submitted in classified form. 
(c) DEFINITIONS.—In this section: 
(1) ACTIVE
DEFENSE
TECHNIQUE.—The term 
‘‘active defense technique’’ means an action taken on 
an information system of an element of the intel-
ligence community to increase the security of such 
system against an attacker, including— 
(A) the use of a deception technology or 
other purposeful feeding of false or misleading 
information to an attacker accessing such sys-
tem; or 
(B) proportional action taken in response to 
an unlawful breach. 
(2) CONTINUOUS MONITORING.—The term ‘‘con-
tinuous monitoring’’ means continuous experimen-
tation conducted by an element of the intelligence 
community on an information system of such element 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
to evaluate the resilience of such system against a ma-
licious attack or condition that could compromise 
such system for the purpose of improving design, re-
silience, and incident response with respect to such 
system. 
(3) DECEPTION TECHNOLOGY.—The term ‘‘decep-
tion technology’’ means an isolated digital environ-
ment, system, or platform containing a replication of 
an active information system with realistic data flows 
to attract, mislead, and observe an attacker. 
(4) INTELLIGENCE COMMUNITY INFORMATION EN-
VIRONMENT.—The term ‘‘intelligence community in-
formation environment’’ has the meaning given the 
term in Intelligence Community Directive 121, or 
any successor document. 
(5) NATIONAL
LABORATORY.—The term ‘‘na-
tional laboratory’’ has the meaning given that term 
in section 2 of the Energy Policy Act of 2005 (42 
U.S.C. 15801). 
(6) NATIONAL MANAGER FOR NATIONAL SECU-
RITY
SYSTEMS.—The term ‘‘National Manager for 
National Security Systems’’ means the Director of 
National Security, or successor official, serving as the 
National Manager for National Security Systems 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
pursuant to National Security Directive 42, or any 
successor document. 
(7) NATIONAL
SECURITY
SYSTEM.—The term 
‘‘national security system’’ has the meaning given 
that term in section 3552 of title 44, United States 
Code. 
(8) PROACTIVE CYBERSECURITY INITIATIVES.— 
The term ‘‘proactive cybersecurity initiatives’’ means 
actions performed periodically and continuously 
within an organization, focused on identifying and 
eliminating vulnerabilities within the network infra-
structure, preventing security breaches, and evalu-
ating the effectiveness of the business security posture 
in real-time, including threat hunting, endpoint and 
network monitoring, and cybersecurity awareness and 
training. 
SEC. 313. LIMITATION ON AVAILABILITY OF FUNDS FOR IN-
TELLIGENCE COMMUNITY MANAGEMENT AC-
COUNT PENDING SUBMISSION OF REPORT ON 
DOMESTIC 
ACTIVITIES 
OF 
INTELLIGENCE 
COMMUNITY. 
Of the funds authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2023 for the In-
telligence Community Management Account, 5 percent may 
not be obligated or expended until the date on which the 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
Director of National Intelligence submits the report re-
quired by section 505(c) of the Intelligence Authorization 
Act for Fiscal Year 2022 (division X of Public Law 117– 
103; 50 U.S.C. 3112 note). 
TITLE IV—MATTERS RELATING 
TO ELEMENTS OF THE INTEL-
LIGENCE COMMUNITY 
Subtitle A—Office of the Director of 
National Intelligence 
SEC. 401. MODIFICATIONS TO RESPONSIBILITIES AND AU-
THORITIES OF DIRECTOR OF NATIONAL IN-
TELLIGENCE. 
Section 102A of the National Security Act of 1947 (50 
U.S.C. 3024), as amended by section 304, is further amend-
ed— 
(1) in subsection (c)— 
(A) in paragraph (1)(A), by striking ‘‘guid-
ance’’ and inserting ‘‘specific requirements’’; 
(B) in paragraph (3)(B), by inserting ‘‘es-
tablish specific requirements and’’ after ‘‘shall’’; 
and 
(C) in paragraph (5)(C), by striking ‘‘may’’ 
and inserting ‘‘shall’’; 
(2) in subsection (h)— 
(A) in paragraph (1)(A)— 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
(i) by striking ‘‘encourage’’ and insert-
ing ‘‘require’’; and 
(ii) by inserting ‘‘and apolitical’’ after 
‘‘sound’’; and 
(B) by amending paragraph (3) to read as 
follows; 
‘‘(3) ensure that substantial differences in ana-
lytic judgment are fully considered, brought to the at-
tention of policymakers, and documented in analytic 
products; and’’; 
(3) in subsection (i)— 
(A) in paragraph (1), by inserting ‘‘estab-
lish and enforce policies to’’ after ‘‘shall’’; 
(B) in paragraph (2), by striking ‘‘guide-
lines’’ and inserting ‘‘requirements’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(4) Each head of an element of the intelligence com-
munity shall ensure that any congressionally mandated re-
port submitted to Congress by the head, other than such a 
report submitted solely to the congressional intelligence 
committees, shall be consistent with the protection of intel-
ligence sources and methods in accordance with the policies 
established by the Director under paragraph (1), regardless 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
of whether the provision of law mandating the report explic-
itly requires such protection.’’; and 
(4) in subsection (x)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘the head of each department of the 
Federal Government that contains an element of 
the intelligence community and the Director of 
the Central Intelligence Agency’’ and inserting 
‘‘the heads of the elements of the intelligence com-
munity’’; and 
(B) in paragraph (1)— 
(i) in subparagraph (A), by striking ‘‘; 
and’’ and inserting a semicolon; 
(ii) in subparagraph (B), by striking 
the semicolon and inserting ‘‘; and’’; and 
(iii) by adding at the end the following 
new subparagraph: 
‘‘(C) each contract awarded by an element 
of the intelligence community includes provisions 
granting consent for the network monitoring by 
the element of any information technology net-
work used to perform work under such contract, 
regardless of the classification level of such net-
work.’’. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 402. ANNUAL SUBMISSION TO CONGRESS OF NA-
TIONAL INTELLIGENCE PRIORITIES FRAME-
WORK. 
(a) ANNUAL SUBMISSION.—Section 102A(p) of the Na-
tional Security Act of 1947 (50 U.S.C. 3023(p)) is amended 
by inserting at the end the following new paragraph: 
‘‘(3) Not later than October 1 of each year, the Director 
of National Intelligence shall submit to the congressional 
intelligence committees a copy of the most recently updated 
National Intelligence Priorities Framework of the Office of 
the Director of National Intelligence (or any such successor 
mechanism).’’. 
(b) LIMITATION ON AVAILABILITY OF FUNDS FOR IN-
TELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.—Of the 
funds authorized to be appropriated by this Act or otherwise 
made available for fiscal year 2023 for the Intelligence 
Community Management Account, 5 percent may not be 
obligated or expended until the date on which the Director 
of National Intelligence submits the first copy required 
under paragraph (3) of such section 102A(p), as added by 
subsection (a). 
SEC. 403. DISPOSITION OF RECORDS OF OFFICE OF THE DI-
RECTOR OF NATIONAL INTELLIGENCE. 
Section 1096(a) of the Intelligence Reform and Ter-
rorism Prevention Act of 2004 (Public Law 108–458; 50 
U.S.C. 3001 note) is amended— 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
(1) by inserting ‘‘(1)’’ before ‘‘Upon’’; 
(2) by adding at the end the following new sen-
tence: ‘‘Any records of the Office of the Director of Na-
tional Intelligence that are maintained by the agency 
as a service for the Office of the Director of National 
Intelligence under section 1535 of title 31, United 
States Code, (popularly known as the ‘Economy Act’) 
may be treated as the records of the agency when 
dispositioned as required by law, and any disclosure 
of such records between the two agencies shall not be 
subject to any otherwise applicable legal consent re-
quirements or disclosure accounting requirements.’’; 
and 
(3) by adding at the end the following new para-
graph: 
‘‘(2) The records of the Office of the Director of Na-
tional Intelligence may not be dispositioned pursuant to 
paragraph (1) without the authorization of the Director of 
National Intelligence.’’. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
Subtitle B—Central Intelligence 
Agency 
SEC. 411. AUTHORITY OF CENTRAL INTELLIGENCE AGENCY 
TO PROVIDE PROTECTION FOR CERTAIN PER-
SONNEL. 
(a) AUTHORITY.—Paragraph (4) of section 5(a) of the 
Central Intelligence Agency Act of 1949 (50 U.S.C. 3506(a)) 
is amended to read as follows: 
‘‘(4) Authorize personnel designated by the Director to 
carry firearms to the extent necessary for the performance 
of the Agency’s authorized functions, except that, within the 
United States, such authority shall be limited to the pur-
poses of— 
‘‘(A) the training of Agency personnel and other 
authorized persons in the use of firearms; 
‘‘(B) the protection of classified materials and 
information; 
‘‘(C) the protection of installations and property 
of the Agency; 
‘‘(D) the protection of— 
‘‘(i) current and former Agency personnel 
and their immediate families; 
‘‘(ii) individuals nominated by the Presi-
dent to the position of Director (including with 
respect to an individual whom a President-elect 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
(as defined in section 3(c) of the Presidential 
Transition Act of 1963 (3 U.S.C. 102 note) has 
declared an intent to nominate) and their imme-
diate families; and 
‘‘(iii) defectors and their immediate fami-
lies, and other persons in the United States 
under Agency auspices; and 
‘‘(E) with respect to the Office of the Director of 
National Intelligence, the protection of— 
‘‘(i) installations and property of the Office 
of the Director of National Intelligence pursuant 
to section 15(a)(1); 
‘‘(ii) the Director of National Intelligence; 
‘‘(iii) current and former personnel of the 
Office of the Director of National Intelligence 
and their immediate families as the Director of 
National Intelligence may designate; and 
‘‘(iv) individuals nominated by the Presi-
dent to the position of Director of National Intel-
ligence (including with respect to an individual 
whom a President-elect has declared an intent to 
nominate) and their immediate families;’’. 
(b) CONFORMING AMENDMENT.—Section 15(d)(1) of 
such Act (50 U.S.C. 3515(d)(1)) is amended by striking 
‘‘designated by the Director under section 5(a)(4) to carry 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
firearms for the protection of current or former Agency per-
sonnel and their immediate families, defectors and their im-
mediate families, and other persons in the United States 
under Agency auspices,’’ and inserting the following: ‘‘des-
ignated by the Director to carry firearms under subpara-
graph (D) of section 5(a)(4) or clause (ii), (iii), or (iv) of 
subparagraph (E) of such section,’’. 
(c) TECHNICAL AMENDMENT.—Paragraphs (7) and 
(8) of section 5(a) of such Act (50 U.S.C. 3506(a)) are 
amended by adjusting the margins to conform with the 
other paragraphs in such section. 
SEC. 412. NOTIFICATION OF USE OF CERTAIN EXPENDI-
TURE AUTHORITIES. 
(a) CIA.—Section 8 of the Central Intelligence Agency 
Act of 1949 (50 U.S.C. 3510) is amended by adding at the 
end the following new subsection: 
‘‘(c) NOTIFICATION.—Not later than 30 days after the 
date on which the Director makes a novel or significant ex-
penditure pursuant to subsection (a), the Director shall no-
tify the Permanent Select Committee on Intelligence of the 
House of Representatives and the Select Committee on Intel-
ligence of the Senate of such expenditure.’’. 
(b) OTHER ELEMENTS.—Section 102A of the National 
Security Act of 1947 (50 U.S.C. 3024), as amended by sec-
tion 402, is further amended— 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
(1) in subsection (m)(1), by inserting before the 
period at the end the following: ‘‘, including with re-
spect to the notification requirement under section 
8(c) of such Act (50 U.S.C. 3510(c))’’; and 
(2) in subsection (n), by adding at the end the 
following new paragraph: 
‘‘(5) Any authority provided to the Director of Na-
tional Intelligence or the head of an element of the intel-
ligence community pursuant to this subsection to make an 
expenditure referred to in subsection (a) of section 8 of the 
Central Intelligence Agency Act of 1949 (50 U.S.C. 3510) 
is subject to the notification requirement under subsection 
(c) of such section. If the Director of National Intelligence 
is required to make a notification for a specific expenditure 
pursuant to both this paragraph and paragraph (4)(G), the 
Director may make a single notification.’’. 
SEC. 413. CLARIFICATION OF AUTHORITIES RELATING TO 
SECURITY PERSONNEL AT OFFICE OF DIREC-
TOR OF NATIONAL INTELLIGENCE FACILITIES 
AND INSTALLATIONS. 
(a) AUTHORITY OF CENTRAL INTELLIGENCE AGENCY 
SECURITY PERSONNEL.— 
(1) AUTHORITY.—Section 15(a)(1) of the Central 
Intelligence 
Agency 
Act 
of 
1949 
(50 
U.S.C. 
3515(a)(1)) is amended— 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
(A) in subparagraph (C), by striking ‘‘; 
and’’ and inserting a semicolon; 
(B) by redesignating subparagraph (D) as 
subparagraph (E); 
(C) by inserting after subparagraph (C) the 
following new subparagraph: 
‘‘(D) within any facility or installation operated 
by the Director of National Intelligence; and’’; and 
(D) in subparagraph (E), as redesignated 
by subparagraph (B), by striking ‘‘subparagraph 
(C)’’ and inserting ‘‘subparagraph (C) or (D),’’. 
(2) RULES AND REGULATIONS.—Section 15(a)(4) 
of such Act (50 U.S.C. 3515(a)(4) is amended— 
(A) by striking ‘‘The rules’’ and inserting 
‘‘(A) Except as provided in subparagraph (B), 
the rules’’; and 
(B) by adding at the end the following new 
subparagraph: 
‘‘(B) With respect to the areas referred to in subpara-
graph (D) of paragraph (1), the rules and regulations en-
forced by such personnel and applicable to such areas shall 
be the rules and regulations prescribed by the Director, in 
coordination with the Director of National Intelligence.’’. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
(3) CONFORMING AMENDMENT.—Section 15(a)(2) 
of such Act (50 U.S.C. 3515(a)(2)) is amended by 
striking ‘‘(D)’’ and inserting ‘‘(E)’’. 
(b) AUTHORITY OF OFFICE OF DIRECTOR OF NA-
TIONAL INTELLIGENCE SECURITY PERSONNEL.—Section 
102A(m) of the National Security Act of 1947 (50 U.S.C. 
3024(m)), as amended by section 412(b)(1), is further 
amended by adding at the end the following new paragraph: 
‘‘(3) In addition to the authority provided to the Di-
rector of the Central Intelligence Agency to authorize secu-
rity personnel of the Central Intelligence Agency within, 
and in certain streets, sidewalks, and open areas with re-
spect to, a facility or installation operated by the Director 
of National Intelligence under section 15(a) of the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 3515(a)), the 
Director of National Intelligence may exercise with respect 
to the security personnel of the Office of the Director of Na-
tional Intelligence such authority to the same extent, and 
subject to the same conditions and limitations, that the Di-
rector of the Central Intelligence Agency may exercise such 
authority with respect to security personnel of the Central 
Intelligence Agency.’’. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 414. OFFICE OF WORKFORCE SUPPORT OF CENTRAL 
INTELLIGENCE AGENCY. 
(a) ESTABLISHMENT.—Not later than 120 days after 
the date of the enactment of this Act, the Director shall es-
tablish an office, to be known as the ‘‘Office of Workforce 
Support’’, to provide independent support and advocacy for 
the physical and mental health and well-being of current 
and former officers, employees, and contractors of the Agen-
cy. 
(b) DEPUTY DIRECTOR; ASSIGNED OFFICERS.— 
(1) DEPUTY DIRECTOR.—The Director shall ap-
point a Deputy Director for Workforce Support as the 
head of the Office of Workforce Support, who shall re-
port directly to the Director. 
(2) FULL-TIME ASSIGNED OFFICERS.—To assist 
in performing the functions under subsection (c), the 
Director shall ensure there is assigned to the Office of 
Workforce Support not fewer than 10 officers of the 
Agency, who shall have no official duties other than 
duties related to such Office while so assigned. 
(c) FUNCTIONS.—The functions of the Office of Work-
force Support shall be, with respect to eligible individuals 
under subsection (e), as follows: 
(1) Providing to such individuals independent 
and confidential advice and assistance, and advo-
cating on behalf of such individuals, on matters relat-
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
ing to health and well-being, including with respect 
to physical health, mental health, retirement benefits, 
disability compensation, and other related programs 
and benefits for which the individual may be eligible 
(without regard to whether such programs and bene-
fits are administered or funded by the United States 
Government or the private sector). 
(2) Maintaining, and making available to such 
individuals, the following: 
(A) A list of physicians and mental health 
care providers (including from the private sector, 
as applicable), who hold an appropriate security 
clearance, or are eligible to hold an appropriate 
security clearance, and are qualified to provide 
confidential services and support to such indi-
viduals. 
(B) A list of private attorneys who hold an 
appropriate security clearance and are qualified 
to provide to such individuals confidential legal 
advice, including with respect to physical health, 
mental health, retirement benefits, disability 
compensation, and other related matters. 
(d) PROVISION OF SERVICES TO FORMER OFFICERS, 
EMPLOYEES, AND CONTRACTORS.—In the case of an indi-
vidual specified in subsection (e)(2), services under the Of-
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
fice of Workforce Support shall be provided upon the request 
of the individual. 
(e) ELIGIBILITY.—An individual is eligible for receiv-
ing a service under the Office of Workforce Support if the 
individual is— 
(1) an officer, employee, or contractor of the 
Agency; or 
(2) a former officer, employee, or contractor of 
the Agency whose employment or contract with the 
Agency, as the case may be, concluded not more than 
10 years prior to the date on which the individual 
seeks the service. 
(f) BRIEFINGS.—On a biannual basis until the date 
of termination under subsection (g), the Director shall pro-
vide to the congressional intelligence committees a briefing 
on the status of the Office of Workforce Support, including 
on— 
(1) the number of officers assigned to such Office 
pursuant to subsection (b)(2); and 
(2) the number of eligible individuals under sub-
section (e) who have received services under such Of-
fice, and the type of services so received. 
(g) TERMINATION.—The Office of Workforce Support 
shall terminate on the date that is 3 years after the date 
on which such Office is established. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 415. ESTABLISHMENT OF EXTERNAL ADVISORY BOARD 
FOR TALENT FOR THE CENTRAL INTEL-
LIGENCE AGENCY. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) the Central Intelligence Agency plays one of 
the most critical roles in national defense; 
(2) the intelligence provided by the officers of the 
Agency protects the United States; 
(3) to carry out this mission, the Agency needs 
to attract, train, lead, and retain the most talented 
and diverse workforce possible; 
(4) therefore, the Director must ensure the Agen-
cy is incorporating best practices from the private 
sector to hire, lead, manage, and retain the most im-
portant element of the organization, Agency per-
sonnel; and 
(5) An External Advisory Board for Talent will 
provide the Agency an important mechanism to im-
prove how the Agency recruits, leads, and manages 
Agency personnel. 
(b) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Director of the 
Central Intelligence Agency shall establish an advisory 
board for the Central Intelligence Agency, to be known as 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
the ‘‘External Advisory Board for Talent’’ (in this section 
referred to as the ‘‘Board’’). 
(c) DUTIES.—The duties of the Board shall be to advise 
the Director and the head of the Talent Center of the Agen-
cy, or such successor organizational element, on— 
(1) the most up-to-date best practices and inno-
vations in the areas of hiring, leadership, manage-
ment practices, and talent retention; and 
(2) the fostering of a culture of continuous im-
provement within the Agency, whereby each successive 
generation of officers of the Agency become more effec-
tive leaders and improve the mission performance of 
the Agency organically and from within. 
(d) MEMBERSHIP.— 
(1) COMPOSITION.—The Board shall be composed 
of at least 7 members selected from a diverse range of 
private sector industries, each of whom shall be, in 
the determination of the Director, a highly accom-
plished executive or thought leader in the field of 
human resource management with a demonstrated 
history of leading, or advising, high-functioning orga-
nizations. 
(2) PAY.—Each member of the Board shall be 
compensated at a rate prescribed by the Director for 
each day (including travel time) during which the 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
member is engaged in the actual performance of du-
ties vested in the Board. 
(3) TRAVEL
EXPENSES.—Each member of the 
Board may receive travel expenses, including per 
diem in lieu of subsistence, in accordance with appli-
cable provisions under subchapter I of chapter 57 of 
title 5, United States Code, for travel between the res-
idence of the member and the metropolitan Wash-
ington, D.C., area. 
(e) MEETINGS.—On a basis that is at least quarterly 
until the date of termination under subsection (h), the 
Board shall hold a meeting with the Director to provide 
the views of the Board on the state of the Agency workforce, 
a summary of the minutes of which shall be distributed 
among the Agency workforce to ensure transparency. 
(f) IMPLEMENTATION OF RECOMMENDATIONS.— 
(1) ASSISTANCE
FROM
TALENT
CENTER.—The 
head of the Talent Center of the Agency, or such suc-
cessor organizational element, shall assist the Board 
in carrying out any studies necessary for the fulfil-
ment of the duties of the Board and shall assist the 
Director in implementing any recommendations of 
the Board. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
(2) AUTHORITY
OF
DIRECTOR.—The Director 
shall retain final authority with respect to the imple-
mentation of any such recommendations. 
(g) REPORTS AND BRIEFINGS.— 
(1) ANNUAL
REPORTS.—On an annual basis 
until the date of termination under subsection (h), the 
Board shall submit to the Director and the congres-
sional intelligence committees a report on the state of 
the Agency workforce. 
(2) PERIODIC BRIEFINGS.—On a regular basis 
until the date of termination under subsection (h), the 
members of the Board shall provide briefings to the 
congressional intelligence committees, and the staff 
members of such committees. 
(h) TERMINATION.—The Board shall terminate on the 
date that is 3 years after the date on which the Board is 
established. 
(i) DEFINITIONS.—In this section, the terms ‘‘Agency’’ 
and ‘‘Director’’ have the meaning given those terms in sec-
tion 1 of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 3501). 
SEC. 416. STUDY ON RELATIONSHIP BETWEEN CENTRAL IN-
TELLIGENCE AGENCY AND CONGRESS. 
(a) FINDINGS.—Congress finds the following: 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
(1) In 2008, the Center for the Study of Intel-
ligence of the Central Intelligence Agency published 
an unclassified manuscript of a study titled ‘‘The 
Agency and the Hill: CIA’s Relationship with Con-
gress, 1946-2004’’. 
(2) The study, organized thematically, provides a 
valuable primer for officials of the Agency, members 
of Congress, congressional staff, and the general pub-
lic about the necessarily secret business of intelligence 
oversight. 
(b) STUDY.— 
(1) REQUIREMENT.—Not later than 2 years after 
the date of the enactment of this Act, the Director of 
the Central Intelligence Agency, acting through the 
Center for the Study of Intelligence, shall prepare a 
study, in book form, describing the relationship be-
tween the Central Intelligence Agency and Congress 
between 2004 and 2022. The Director shall ensure 
that the study is modeled on the manuscript described 
in subsection (a)(1), including with respect to the or-
ganizational structure. 
(2) ELEMENTS.—The study under paragraph (1) 
shall document the following: 
(A) Major legislation affecting the Agency. 
(B) Programs and budget. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
(C) Oversight of analysis. 
(D) Oversight of collection. 
(E) Oversight of covert action. 
(F) Oversight of security and personnel 
matters. 
(G) The process by which officials of the 
Agency are appointed by the President, by and 
with the advice and consent of the Senate. 
(H) For each of the elements specified in 
subparagraphs (A) through (G), highlights of the 
principal issues before Congress and a discussion 
of how those issues were handled. 
(I) Any other matters the Director deter-
mines appropriate. 
(3) SUBMISSION.—The Director shall submit to 
the congressional intelligence committees the study 
prepared under paragraph (1). 
(4) FORM.—The study under paragraph (1) shall 
be made in unclassified form, but the Director may 
submit to the congressional intelligence committees a 
classified annex. 
SEC. 417. HISTORICAL ADVISORY PANEL OF CENTRAL IN-
TELLIGENCE AGENCY. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that Congress expresses its appreciation— 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
(1) to the Director of the Central Intelligence 
Agency for reconstituting the Historical Advisory 
Panel; and 
(2) for the important work of the Historical Ad-
visory Panel, especially for— 
(A) the efforts of the Panel to aid with the 
declassification of materials that enrich the his-
torical national security record; and 
(B) the assistance of the Panel in liaison 
with the scholarly community. 
(b) REPORTING REQUIREMENT.—The Historical Advi-
sory Panel shall report directly to the Director of the Cen-
tral Intelligence Agency. 
(c) HISTORICAL ADVISORY PANEL DEFINED.—The 
term ‘‘Historical Advisory Panel’’ means the panel of the 
Central Intelligence Agency, regardless of the name of the 
panel, that assists in conducting declassification reviews 
and providing other assistance with respect to matters of 
historical interest. 
Subtitle C—Elements of the Defense 
Intelligence Enterprise 
SEC. 421. DEPUTY DIRECTOR FOR DEFENSE INTELLIGENCE 
RESPONSIBLE FOR WARFIGHTER SUPPORT. 
Section 137 of title 10, United States Code, is amended 
by adding at the end the following new subsection: 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(e) The Secretary of Defense shall ensure that not 
fewer than one of the Deputy Directors for Defense Intel-
ligence (or such successor positions) is responsible for 
warfighter support. An individual appointed to that posi-
tion shall be a general or flag officer serving in a joint duty 
assignment.’’. 
SEC. 422. COVER ENHANCEMENT AUTHORITIES. 
Part II of subtitle A of title 10, United States Code, 
is amended by inserting after chapter 88 the following new 
chapter (and conforming the table of chapters at the begin-
ning of such part accordingly): 
‘‘CHAPTER 89—COVER ENHANCEMENT 
AUTHORITIES 
‘‘Sec. 
‘‘1801. Definitions. 
‘‘1802. Cover enhancement authority. 
‘‘1803. Compensation. 
‘‘1804. Retirement benefits. 
‘‘1805. Health insurance benefits. 
‘‘1806. Life insurance benefits. 
‘‘1807. Exemption from certain requirements. 
‘‘1808. Taxation and social security. 
‘‘1809. Regulations. 
‘‘1810. Finality of decisions. 
‘‘1811. Subsequently enacted laws. 
‘‘§ 1801. Definitions 
‘‘In this chapter: 
‘‘(1) The term ‘designated employee’ means an 
employee of the Department of Defense designated by 
the Secretary of Defense under section 1802(b). 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(2) The term ‘designated member’ means a 
member of the armed forces designated by the Sec-
retary of Defense under section 1802(b). 
‘‘(3) The term ‘Federal retirement system’ in-
cludes the Federal Employees’ Retirement System (in-
cluding the Thrift Savings Plan). 
‘‘(4) The term ‘military retirement system’ in-
cludes military retired pay programs under chapters 
61, 63, 65, and 67 of this title and the Survivor Ben-
efit Plan established by chapter 73 of this title. 
‘‘§ 1802. Cover enhancement authority 
‘‘(a) AUTHORITY.—Notwithstanding any other provi-
sion of law, the Secretary of Defense may exercise the au-
thorities under this chapter to protect from unauthorized 
disclosure— 
‘‘(1) intelligence operations of the Department of 
Defense; 
‘‘(2) the identities of undercover officers; 
‘‘(3) intelligence sources and methods; or 
‘‘(4) cover mechanisms. 
‘‘(b) DESIGNATION OF EMPLOYEES AND MEMBERS.— 
(1) Subject to paragraph (2), the Secretary of Defense may 
designate any employee of the Department of Defense or 
member of the armed forces who is under cover to be an 
employee or a member to whom this chapter applies. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00078
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(2) The Secretary of Defense may not designate more 
than 15 persons under paragraph (1) in a fiscal year unless 
the Secretary provides notice of the intent to designate more 
than 15 persons in such fiscal year to the congressional de-
fense committees and the congressional intelligence commit-
tees (as such term is defined in section 3 of the National 
Security Act of 1957 (50 U.S.C. 3003)). 
‘‘(3) A designation may be made under this subsection 
with respect to any or all authorities exercised under this 
chapter. 
‘‘(c) INTERAGENCY COORDINATION AND SUPPORT.— 
Establishment of any such cover enhancement authority for 
intelligence operations of the Department of Defense shall 
be pre-coordinated using processes and procedures for intel-
ligence community deconfliction mutually agreed upon by 
the Secretary of Defense and the Director of the Central In-
telligence Agency. 
‘‘§ 1803. Compensation 
‘‘The Secretary of Defense may pay a designated em-
ployee or designated member salary, allowances, and other 
benefits in an amount and in a manner consistent with 
the cover of that employee or member, without regard to 
any limitation that is otherwise applicable to a Federal em-
ployee or member of the armed forces. A designated em-
ployee or designated member may accept, use, and, to the 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00079
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
extent authorized by regulations prescribed under this chap-
ter, retain any salary, allowances, and other benefits pro-
vided under this chapter. 
‘‘§ 1804. Retirement benefits 
‘‘(a) ESTABLISHMENT OF RETIREMENT SYSTEM.—The 
Secretary of Defense may establish, administer, contract 
for, or implement through another Federal department or 
agency, a cover retirement system for designated employees 
and designated members (and the spouse, former spouses, 
and survivors of such designated employees and designated 
members). A designated employee or designated member 
may not receive credit for service under the retirement sys-
tem established under this paragraph and another Federal 
retirement system for the same time period. 
‘‘(b) CONVERSION TO OTHER FEDERAL RETIREMENT 
SYSTEM.—A designated employee or designated member 
participating in the retirement system established under 
subsection (a) may convert to coverage under the Federal 
retirement system or military retirement system that would 
otherwise apply to such employee or member at any appro-
priate time determined by the Secretary of Defense (includ-
ing at the time of separation of service by reason of retire-
ment), if the Secretary of Defense determines that the par-
ticipation of the employee or member in the retirement sys-
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00080
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
tem established under this subsection is no longer necessary 
to protect from unauthorized disclosure— 
‘‘(1) intelligence operations; 
‘‘(2) the identities of undercover officers; 
‘‘(3) intelligence sources and methods; or 
‘‘(4) cover mechanisms. 
‘‘(c) CONVERSION TREATMENT.—Upon a conversion 
under subsection (b)— 
‘‘(1) all periods of service under the retirement 
system established under this section shall be deemed 
periods of creditable service under the applicable Fed-
eral retirement system or military retirement system; 
‘‘(2) the Secretary of Defense shall transmit an 
amount for deposit in any applicable fund of that 
Federal retirement system or military retirement sys-
tem that— 
‘‘(A) is necessary to cover all employee or 
member and agency contributions including— 
‘‘(i) interest as determined by the head 
of the agency administering the Federal re-
tirement system or military retirement sys-
tem into which the employee or member is 
converting; or 
‘‘(ii) in the case of an employee or 
member converting into the Federal Em-
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00081
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
ployee’s Retirement System or military re-
tirement system, interest as determined 
under chapter 84 of title 5 or chapter 74 of 
this title, as the case may be; and 
‘‘(B) ensures that such conversion does not 
result in any unfunded liability to that fund; 
and 
‘‘(3) in the case of a designated employee or des-
ignated member who participated in an employee or 
member investment retirement system established 
under subsection (a) and is converted to coverage 
under the Federal retirement system or military re-
tirement system, the Secretary of Defense may trans-
mit any or all amounts of that designated employee 
or designated member in that employee or military 
investment retirement system (or similar part of that 
retirement system) to the Thrift Savings Fund. 
‘‘(d) TRANSMITTED AMOUNTS.—(1) Amounts described 
under subsection (c)(2) shall be paid from any fund the Sec-
retary of Defense deems appropriate. 
‘‘(2) The Secretary of Defense may use amounts con-
tributed by the designated employee or designated member 
to a retirement system established under subsection (a) to 
offset amounts paid under paragraph (1). 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00082
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(e) RECORDS.—The Secretary of Defense shall trans-
mit all necessary records relating to a designated employee 
or designated member who converts to a Federal retirement 
system or military retirement system under subsection (b) 
(including records relating to periods of service which are 
deemed to be periods of creditable service under subsection 
(c)(1)) to the head of the agency administering that Federal 
retirement system or military retirement system. 
‘‘§ 1805. Health insurance benefits 
‘‘(a) IN GENERAL.—The Secretary of Defense may es-
tablish, administer, contract for, or implement through an-
other Federal agency, a cover health insurance program for 
designated employees and designated members and eligible 
family members. A designated employee or designated mem-
ber may not participate in the health insurance program 
established under this section and the program under chap-
ter 89 of title 5 or chapter 55 of this title at the same time. 
‘‘(b) CONVERSION TO FEDERAL EMPLOYEES HEALTH 
BENEFITS
PROGRAM.—A designated employee partici-
pating in the health insurance program established under 
subsection (a) may convert to coverage under the program 
under chapter 89 of title 5, and a designated member par-
ticipating in the program established under subsection (a) 
may convert to coverage under the program under chapter 
55 of this title or chapter 17 of title 38, at any appropriate 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00083
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
time determined by the Secretary of Defense (including at 
the time of separation of service by reason of retirement), 
if the Secretary of Defense determines that the participation 
of the employee or member in the health insurance program 
established under this subsection is no longer necessary to 
protect from unauthorized disclosure— 
‘‘(1) intelligence operations; 
‘‘(2) the identities of undercover officers; 
‘‘(3) intelligence sources and methods; or 
‘‘(4) cover mechanisms. 
‘‘(c) CONVERSION TREATMENT.—Upon a conversion of 
a designated employee under subsection (b)— 
‘‘(1) the employee (and family, if applicable) 
shall be entitled to immediate enrollment and cov-
erage under chapter 89 of title 5; 
‘‘(2) any requirement of prior enrollment in a 
health benefits plan under chapter 89 of title 5 for 
continuation of coverage purposes shall not apply; 
‘‘(3) the employee shall be deemed to have had 
coverage under chapter 89 of title 5 from the first op-
portunity to enroll for purposes of continuing cov-
erage; and 
‘‘(4) the Secretary of Defense shall transmit an 
amount for deposit in the Employees’ Health Benefits 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00084
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
Fund that is necessary to cover any costs of such con-
version. 
‘‘(d) TRANSMITTED AMOUNTS.—Any amount described 
under subsection (c)(4) shall be paid from any fund the Sec-
retary of Defense deems appropriate. 
‘‘(e) ELIGIBLE FAMILY MEMBER DEFINED.—In this 
section, the term ‘eligible family member’ means— 
‘‘(1) with respect to an employee, a member of 
a family as defined in section 8901 of title 5; and 
‘‘(2) with respect to a member of the armed 
forces, a dependent as defined in section 1072 of this 
title. 
‘‘§ 1806. Life insurance benefits 
‘‘(a) IN GENERAL.—The Secretary of Defense may es-
tablish, administer, contract for, or implement through an-
other Federal agency, a cover life insurance program for 
designated employees and designated members (and the 
family of such designated employees or designated mem-
bers). A designated employee or designated member may not 
participate in the life insurance program established under 
this section and the program under chapter 87 of title 5 
for the same time period. 
‘‘(b) CONVERSION TO FEDERAL EMPLOYEES GROUP 
LIFE INSURANCE PROGRAM.—A designated employee par-
ticipating in the life insurance program established under 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00085
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
subsection (a) may convert to coverage under the program 
under chapter 87 of title 5, and a designated member par-
ticipating in the life insurance program established under 
subsection (a) may convert to coverage under the program 
under chapter 19 of title 38, at any appropriate time deter-
mined by the Secretary of Defense (including at the time 
of separation of service by reason of retirement), if the Sec-
retary of Defense determines that the participation of the 
employee or member in the life insurance program estab-
lished under this section is no longer necessary to protect 
from unauthorized disclosure— 
‘‘(1) intelligence operations; 
‘‘(2) the identities of undercover officers; 
‘‘(3) intelligence sources and methods; or 
‘‘(4) cover mechanisms. 
‘‘(c) CONVERSION TREATMENT.—Upon a conversion of 
a designated employee under subsection (b)— 
‘‘(1) the employee (and family, if applicable) 
shall be entitled to immediate coverage under chapter 
87 of title 5; 
‘‘(2) any requirement of prior enrollment in a 
life insurance program under chapter 87 of title 5 for 
continuation of coverage purposes shall not apply; 
‘‘(3) the employee shall be deemed to have had 
coverage under chapter 87 of title 5 for the full period 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00086
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
of service during which the employee would have been 
entitled to be insured for purposes of continuing cov-
erage; and 
‘‘(4) the Secretary of Defense shall transmit an 
amount for deposit in the Employees’ Life Insurance 
Fund that is necessary to cover any costs of such con-
version. 
‘‘(d) TRANSMITTED AMOUNTS.—Any amount described 
under subsection (c)(4) shall be paid from any fund the Sec-
retary of Defense deems appropriate. 
‘‘§ 1807. Exemption from certain requirements 
‘‘The Secretary of Defense may exempt a designated 
employee or designated member from mandatory compli-
ance with any Federal regulation, rule, standardized ad-
ministrative policy, process, or procedure that the Secretary 
of Defense determines— 
‘‘(1) would be inconsistent with the cover of that 
employee or member; and 
‘‘(2) could expose that employee to detection as 
a Federal employee or that member as a member of 
the armed forces. 
‘‘§ 1808. Taxation and social security 
‘‘(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, a designated employee or designated member— 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00087
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
‘‘(1) shall file a Federal or State tax return as 
if that employee or member is not a Federal employee 
or member of the armed forces and may claim and 
receive the benefit of any exclusion, deduction, tax 
credit, or other tax treatment that would otherwise 
apply if that designated employee was not a Federal 
employee or that designated member was not a mem-
ber of the armed forces, if the Secretary of Defense de-
termines that taking any action under this subsection 
is necessary to protect from unauthorized disclosure— 
‘‘(A) intelligence operations; 
‘‘(B) the identities of undercover officers; 
‘‘(C) intelligence sources and methods; or 
‘‘(D) cover mechanisms; and 
‘‘(2) shall receive social security benefits based on 
the social security contributions made. 
‘‘(b) COMPENSATION FOR CERTAIN INCREASED TAX 
LIABILITY.—In the case of a designated employee or des-
ignated member who files a tax return as provided in sub-
section (a)(1), the Secretary may increase (on a grossed- 
up basis) the compensation of such employee or member 
under section 1803 to account for any increased income tax 
liability attributable to having so filed. 
‘‘(c) INTERNAL REVENUE SERVICE REVIEW.—The Sec-
retary of Defense shall establish procedures to carry out this 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00088
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
section. The procedures shall be subject to periodic review 
by the Internal Revenue Service. 
‘‘§ 1809. Regulations 
‘‘The Secretary of Defense shall prescribe regulations 
to carry out this chapter. The regulations shall ensure that 
the combination of salary, allowances, and benefits that an 
employee or member designated under this chapter may re-
tain does not significantly exceed, except to the extent deter-
mined by the Secretary of Defense to be necessary to exercise 
the authority in this chapter, the combination of salary, 
allowances, and benefits otherwise received by employees or 
members not designated under this chapter. 
‘‘§ 1810. Finality of decisions 
‘‘Any determinations authorized by this chapter to be 
made by the Secretary of Defense or a designee of the Sec-
retary shall be final and conclusive and may not be subject 
to review by any court. 
‘‘§ 1811. Subsequently enacted laws 
‘‘No law enacted after the effective date of this chapter 
shall affect the authorities and provisions of this chapter 
unless such law specifically refers to this chapter.’’. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00089
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 423. AUTHORITY OF ARMY COUNTERINTELLIGENCE 
AGENTS TO EXECUTE WARRANTS AND MAKE 
ARRESTS. 
(a) AUTHORITY TO EXECUTE WARRANTS AND MAKE 
ARRESTS.—Section 7377 of title 10, United States Code, 
is amended— 
(1) in the section heading, by inserting ‘‘and 
Army Counterintelligence Command’’ before 
the colon; and 
(2) in subsection (b)— 
(A) by striking ‘‘any employee of the De-
partment of the Army who is a special agent’’ 
and inserting the following: ‘‘any employee of the 
Department of the Army who is— 
‘‘(1) a special agent’’; 
(B) in paragraph (1), as designated by sub-
paragraph (A), by striking the period at the end 
and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) a special agent of the Army Counterintel-
ligence Command (or a successor to that command) 
whose duties include conducting, supervising, or co-
ordinating counterintelligence investigations involv-
ing potential or alleged violations punishable under 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00090
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
chapter 37, 113B, or 115 of title 18, and similar of-
fenses punishable under this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 747 of such title is amended by 
striking the item relating to section 7377 and inserting the 
following new item: 
‘‘7377. Civilian special agents of the Criminal Investigation Command and Army 
Counterintelligence Command: authority to execute warrants 
and make arrests.’’. 
SEC. 424. INCLUSION OF SPACE FORCE AS ELEMENT OF IN-
TELLIGENCE COMMUNITY. 
Section 3(4)(H) of the National Security Act of 1947 
(50 U.S.C. 3003(4)(H)) is amended by inserting ‘‘the Space 
Force,’’ after ‘‘the Marine Corps,’’. 
SEC. 425. MILITARY INTELLIGENCE COLLECTION AND 
ANALYSIS PARTNERSHIPS. 
(a) USE OF APPROPRIATED FUNDS.—The Director of 
the Defense Intelligence Agency may use not more than 
$10,000,000 of appropriated funds available to the Defense 
Intelligence Agency for each fiscal year to pay for the ex-
penses of partnerships with foreign countries, regional orga-
nizations with defense, intelligence, or security components, 
and security alliances of which the United States is a mem-
ber for military intelligence collection and analysis activi-
ties. 
(b) USE
OF FUNDS OTHER THAN APPROPRIATED 
FUNDS.—Notwithstanding any other provision of law, the 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00091
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
Director may use funds other than appropriated funds to 
pay for the expenses of partnerships with foreign countries, 
regional organizations with defense or security components, 
and security alliances of which the United States is a mem-
ber for military intelligence collection and analysis activi-
ties, except that— 
(1) no such funds may be expended, in whole or 
in part, by or for the benefit of the Defense Intel-
ligence Agency for a purpose for which Congress had 
previously denied funds; 
(2) proceeds from the sale of military intelligence 
collection and analysis items may be used only to 
purchase replacement items similar to the items that 
are sold; and 
(3) the authority provided by this subsection 
may not be used to acquire items or services for the 
principal benefit of the United States. 
(c) LOGISTIC SUPPORT, SUPPLIES, AND SERVICES.— 
Notwithstanding any other provision of law, the Director 
may exercise the authority under this section to pay for, 
or otherwise facilitate, the logistic support, supplies, and 
services associated with partnerships with foreign countries, 
regional organizations with defense or security components, 
and security alliances of which the United States is a mem-
ber. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00092
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
(d) COORDINATION WITH SECRETARY OF STATE.—The 
Director of the Defense Intelligence Agency shall coordinate 
the military intelligence collection and analysis activities 
funded pursuant to this section with the Secretary of State. 
(e) COORDINATION WITH DIRECTOR OF NATIONAL IN-
TELLIGENCE.—The Director of the Defense Intelligence 
Agency shall coordinate the military intelligence collection 
and analysis activities funded pursuant to this section with 
the Director of National Intelligence. 
(f) BUDGET EXHIBIT.—With respect to each fiscal year 
in which this section is carried out, the Secretary of Defense 
shall ensure that the defense budget materials include a 
budget exhibit detailing the receipt and disbursements of 
funds to be used by the Director of the Defense Intelligence 
Agency under subsections (a) and (b). 
(g) SUNSET.— 
(1) IN GENERAL.—Subject to paragraph (2), the 
authority to carry out this section shall terminate on 
the date that is 5 years after the date of the enact-
ment of this Act. 
(2) EXCEPTION.—A military intelligence collec-
tion and analysis activity for which funds have been 
obligated under this section before the date on which 
the authority to carry out this section terminates 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
under paragraph (1) may continue until the comple-
tion of the activity. 
(h) DEFINITIONS.—In this section: 
(1) DEFENSE
BUDGET
MATERIALS.—The term 
‘‘defense budget materials’’ has the meaning given 
that term in section 231 of title 10, United States 
Code. 
(2) MILITARY INTELLIGENCE COLLECTION AND 
ANALYSIS ACTIVITY.—The term ‘‘military intelligence 
collection and analysis activity’’ means— 
(A) the conduct of a combined human intel-
ligence and counterintelligence activity; 
(B) the collection, processing, exploitation, 
analysis, and dissemination of all-source intel-
ligence; 
(C) the conduct of a foreign defense intel-
ligence liaison relationship or defense intelligence 
exchange program; or 
(D) the research, development, acquisition, 
and sustainment of an information technology 
system or telecommunication capability in sup-
port of an activity described in subparagraph 
(A), (B), or (C). 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
SEC. 426. INTELLIGENCE ASSESSMENT OF EFFECTS OF 
COUNTERTERRORISM STRIKES. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) the intelligence community is responsible for 
ensuring that products compliant with analytic 
tradecraft are available to the operational elements of 
the Department of Defense; 
(2) such products must be prepared with the 
rigor necessary to determine the status of a potential 
terrorist target, the role of the target, how critical the 
target is to the operations of a terrorist group, and 
the effect removing that individual would have on the 
strategic threat to the United States, United States 
persons overseas, members of the United States Armed 
Forces overseas, or facilities of the United States over-
seas; and 
(3) the intelligence community is also responsible 
for assessing the strategic impact of counterterrorism 
strikes to determine whether the anticipated or desired 
impact on the terrorist group or network was 
achieved. 
(b) INTELLIGENCE ASSESSMENT.—The Director of the 
Defense Intelligence Agency, in coordination with the direc-
torates of intelligence of the combatant commands, shall 
produce an intelligence assessment of the effects of counter-
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
terrorism strikes conducted by the Armed Forces on targets 
outside of areas of active hostilities during the 5-year period 
preceding the date of the enactment of this Act. 
(c) ELEMENTS.—The assessment under subsection (b) 
shall include the following: 
(1) With respect to the counterterrorism strikes 
covered by the assessment— 
(A) the short- and long-term effects of the 
strike on the planned external operations of the 
respective terrorist group, particularly the oper-
ations targeting the United States, United States 
persons overseas, members of the United States 
Armed Forces overseas, or facilities of the United 
States overseas; 
(B) the effects of the strike on the intent of 
the respective terrorist group to conduct external 
operations, particularly the operations targeting 
the United States, United States persons over-
seas, members of the United States Armed Forces 
overseas, or facilities of the United States over-
seas; 
(C) the effects of the strike on the recruit-
ment of the respective terrorist group; 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
(D) the effects of the strike on the local per-
ception of the respective terrorist group, the host 
country, and the United States; and 
(E) the effects of the strike on the capabili-
ties of the host country to conduct operations 
against the targeted group. 
(2) An identification of the number and quality 
of finished intelligence products that assessed the ef-
fects that a counterterrorism strike of the United 
States would have, or did have, against specific ter-
rorist individuals or groups. 
(3) Recommendations to improve the efficacy, ac-
curacy, and timeliness of intelligence analysis to in-
crease the strategic effect of counterterrorism strikes. 
(d) REPORT.— 
(1) REQUIREMENT.—Not later than 180 days 
after the date of the enactment of this Act, the Direc-
tor shall submit to the appropriate congressional com-
mittees a report containing the intelligence assessment 
under subsection (b) and the judgments under para-
graph (2). 
(2) JUDGMENTS.—The report shall include the 
following judgments: 
(A) What percentage of counterterrorism 
strikes covered by the intelligence assessment 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
under subsection (b) had a short-term effect on 
the planned external operations of the respective 
terrorist group, particularly the operations tar-
geting the United States, United States persons 
overseas, members of the United States Armed 
Forces overseas, or facilities of the United States 
overseas. 
(B) What percentage of counterterrorism 
strikes covered by the intelligence assessment 
under subsection (b) had a long-term effect on 
the planned external operations of the respective 
terrorist group, particularly the operations tar-
geting the United States, United States persons 
overseas, members of the United States Armed 
Forces overseas, or facilities of the United States 
overseas. 
(C) A qualitative assessment of the effects of 
the counterterrorism strikes. 
(3) FORM.—The report under paragraph (1) 
may be submitted in classified form, except that the 
judgments under paragraph (2) shall be in unclassi-
fied form. 
(e) DEFINITIONS.—In this section: 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means the following: 
(A) The congressional intelligence commit-
tees. 
(B) The congressional defense committees 
(as defined in section 101(a)(16) of title 10, 
United States Code). 
(2) COUNTERTERRORISM
STRIKE.—The term 
‘‘counterterrorism strike’’ means an air strike con-
ducted by the United States Armed Forces targeting 
a specific individual that is not a defensive strike 
conducted to reduce imminent danger to the United 
States Armed Forces or specifically designated part-
ner forces of the United States. 
(3) EXTERNAL OPERATIONS.—The term ‘‘exter-
nal operations’’, with respect to a terrorist group, 
means violent or lethal operations conducted outside 
the country or region of origin of the terrorist group. 
SEC. 427. SUBMISSION OF CERTAIN LEGISLATIVE PRO-
POSALS. 
(a) REQUIREMENT.—In submitting a covered legisla-
tive proposal, the Secretary of Defense shall also simulta-
neously submit to the congressional intelligence committees 
the proposal, including a brief explanation of the proposal. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
100 
(b) FORM.—A covered legislative proposal submitted 
under subsection (a) shall be submitted in unclassified form, 
but may contain a classified annex. 
(c) COVERED LEGISLATIVE PROPOSAL DEFINED.—In 
this section, the term ‘‘covered legislative proposal’’ means 
a provision of legislation proposed by the Secretary of De-
fense to Congress that is approved by the Office of Manage-
ment and Budget and involves the grant, expansion, modi-
fication, or cessation of authority involving the intelligence, 
intelligence-related, or tactical intelligence activities of the 
Department of Defense. 
SEC. 428. OVERSIGHT OF DEFENSE INTELLIGENCE AGENCY 
CULTURE. 
(a) FINDINGS.—Congress finds the following: 
(1) The Defense Intelligence Agency has not 
taken sufficient steps to address an unhealthy culture 
at the Agency. 
(2) In the report of the Permanent Select Com-
mittee on Intelligence of the House of Representatives 
accompanying H.R. 5412 of the 117th Congress (H. 
Rept. 117–156), the Committee mandated several re-
ports and briefings for which the Defense Intelligence 
Agency failed to respond in a timely manner. 
(3) The Agency has committed to improving 
Agency culture and leadership; however, actions taken 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
101 
to date fall short of addressing the permissive envi-
ronment for management abuses. 
(b) MANDATORY PROVISION
OF EXIT SURVEY
OR 
INTERVIEW.— 
(1) IN GENERAL.—The Director of the Defense 
Intelligence Agency shall ensure that each employee of 
such Agency who leaves employment with such Agen-
cy (but not including any detail assignment) com-
pletes an exit survey or exit interview prior to such 
departure, to the extent practicable. 
(2) ANNUAL
SUBMISSIONS
TO
CONGRESS.—On 
an annual basis during the 3-year period beginning 
on the date of the enactment of this Act, the Director 
of the Defense Intelligence Agency shall submit to the 
congressional intelligence committees a written anal-
ysis of the results of the exit surveys or exit interviews 
completed pursuant to paragraph (1) during the year 
covered by the report together with a plan of the Di-
rector to address any issues identified pursuant to 
such results to improve retention and culture. 
(c) CONGRESSIONAL OVERSIGHT RELATING TO WORK-
FORCE CLIMATE SURVEYS.— 
(1) NOTIFICATIONS OF AD-HOC WORKFORCE CLI-
MATE SURVEYS.—Not later than 14 days after the 
date on which the Director of the Defense Intelligence 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
102 
Agency conducts an ad-hoc workforce climate survey 
(including in response to a specific incident or con-
cern), the Director shall notify the congressional intel-
ligence committees. 
(2) REPORTS
ON
FINAL
RESULTS.—Not later 
than 90 days after the date on which the Director of 
the Defense Intelligence Agency concludes the conduct 
of any workforce climate survey, the Director shall 
submit to the congressional intelligence committees a 
report containing the final results of such workforce 
climate survey. Such report shall include the fol-
lowing: 
(A) The topic of the workforce climate sur-
vey, and the workforce level surveyed. 
(B) The rationale for conducting the work-
force climate survey. 
(C) The measures in place to ensure the ac-
cessibility of the workforce climate survey. 
(D) The lead official or entity conducting 
the workforce climate survey. 
(E) Any actions the Director intends to 
take, or is considering, in response to the results 
of the workforce climate survey. 
(3) ACCESSIBILITY
OF
WORKFORCE
CLIMATE 
SURVEYS.—The Director of the Defense Intelligence 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
103 
Agency shall ensure that, to the extent practicable, 
and consistent with the protection of intelligence 
sources and methods, workforce climate surveys are 
accessible to employees of such Agency on classified 
and unclassified systems. 
(d) FEASIBILITY REPORT.—Not later than 270 days 
after the date of enactment of this Act, the Director of the 
Defense Intelligence Agency shall submit to the congres-
sional intelligence committees a report containing an anal-
ysis of the feasibility (including the anticipated cost, per-
sonnel requirements, necessary authorities, and such other 
matters as may be determined appropriate by the Director 
for purposes of analyzing feasibility) of— 
(1) conducting 360-degree performance reviews 
among employees of the Defense Intelligence Agency; 
and 
(2) including leadership suitability assessments 
(including personality evaluations, communication 
style assessments, and emotional intelligence aptitude 
assessments) for promotions of such employees to a 
position within grade GS–14 or above of the General 
Schedule. 
(e) WORKFORCE CLIMATE SURVEY DEFINED.—In this 
section, the term ‘‘workforce climate survey’’— 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
104 
(1) means a workforce engagement or climate 
survey conducted at the agency, directorate, career 
field, or integrated intelligence center level, without 
regard to whether the survey is conducted on an an-
nual or ad-hoc basis; and 
(2) does not include an exit survey specified in 
subsection (b). 
SEC. 429. CYBER INTELLIGENCE SURVEILLANCE RECON-
NAISSANCE INFORMATION. 
(a) QUARTERLY BRIEFINGS.—On a quarterly basis, 
the Secretary of Defense shall provide to the appropriate 
congressional committees a briefing on, with respect to the 
period covered by the briefing, the intelligence activities oc-
curring in cyberspace in support of current and future of-
fensive cyberspace operations or defensive cyberspace oper-
ations. 
(b) ANNUAL CERTIFICATIONS.—Not later than 180 
days after the date of the enactment of this Act, and annu-
ally thereafter for 5 years, the Secretary of Defense shall 
certify to the appropriate congressional committees that, 
with respect to the period covered by the certification, the 
Secretary has reported to such committees all intelligence 
activities occurring in cyberspace in support of current and 
future offensive cyberspace operations or defensive cyber-
space operations. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00104
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
105 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the following: 
(1) The congressional intelligence committees. 
(2) The congressional defense committees (as de-
fined in section 101(a)(16) of title 10, United States 
Code). 
SEC. 430. INFORMATION ON COVER ACTIVITIES OF DEPART-
MENT OF DEFENSE. 
(a) INFORMATION.—Not less frequently than quarterly, 
the Secretary of Defense shall provide to the appropriate 
congressional committees information on the cover activities 
of the Department of Defense. 
(b) ELEMENTS.—The Secretary shall ensure that the 
information provided under subsection (a) includes, with 
respect to the period covered by the information, the fol-
lowing: 
(1) A detailed description of each cover activity 
or cover support activity provided by an element of 
the Department of Defense to an activity, operation, 
or other initiative of the Department of Defense or 
other department or agency of the United States Gov-
ernment, including— 
(A) a description of the specific activity; 
and 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
106 
(B) when such activity was approved or de-
commissioned. 
(2) Any other matters the Secretary determines 
appropriate. 
(c) FORM.—The information under subsection (a) may 
be provided in classified form. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the congressional intelligence committees; and 
(2) the congressional defense committees (as de-
fined in section 101(a)(16) of title 10, United States 
Code). 
Subtitle D—Other Elements 
SEC. 441. AUTHORIZATION RELATING TO CERTAIN INTEL-
LIGENCE AND COUNTERINTELLIGENCE AC-
TIVITIES OF COAST GUARD. 
(a) AUTHORIZATION.—Subject to subsection (b), and 
consistent with the policies, procedures, and coordination 
required pursuant to section 811 of the Counterintelligence 
and Security Enhancements Act of 1994 (50 U.S.C. 3381) 
and section 902 of the Counterintelligence Enhancement Act 
of 2002 (50 U.S.C. 3382), the Commandant of the Coast 
Guard may expend amounts made available for the intel-
ligence and counterintelligence activities of the Coast Guard 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
107 
to conduct such an activity without regard to any other 
provision of law or regulation relating to the expenditure 
of Government funds, if— 
(1) the object of the activity is of a confidential, 
extraordinary, or emergency nature; and 
(2) following each such expenditure, the Com-
mandant submits to the congressional intelligence 
committees a certification that the object of the activ-
ity conducted was of a nature described in paragraph 
(1). 
(b) LIMITATION.—Of the funds made available for a 
fiscal year for the intelligence and counterintelligence ac-
tivities of the Coast Guard, not more than 5 percent may 
be expended during the fiscal year under subsection (a) to 
conduct such activities in accordance with such subsection 
unless, for each intended expenditure in excess of such per-
centage— 
(1) the Commandant submits to the congres-
sional intelligence committees a notification of the in-
tent to expend the amounts; and 
(2) a period of 30 days has elapsed following the 
date on which the Commandant submits such notifi-
cation. 
(c) ANNUAL REPORT.— 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
108 
(1) SUBMISSION.—Not later than December 1 of 
each year, the Commandant shall submit to the con-
gressional intelligence committees a report on all ex-
penditures during the preceding fiscal year under 
subsection (a). 
(2) MATTERS.—Each report under paragraph 
(1) shall include, for each individual expenditure cov-
ered by such report that is in excess of the percentage 
specified in subsection (b) for the relevant fiscal year, 
the following: 
(A) A detailed description of the purpose of 
such expenditure. 
(B) The amount of such expenditure. 
(C) An identification of the approving au-
thority for such expenditure. 
(D) A justification as to why other authori-
ties available to the Coast Guard could not be 
used for such expenditure. 
(E) Any other matters the Commandant 
considers appropriate. 
(d) CONGRESSIONAL INTELLIGENCE COMMITTEES DE-
FINED.—In this section, the term ‘‘congressional intelligence 
committees’’ has the meaning given such term in section 
3 of the National Security Act of 1947 (50 U.S.C. 3003). 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
109 
(e) SUNSET.—This section shall cease to have effect on 
the date that is 3 years after the date of the enactment of 
this Act. 
SEC. 442. STUDY ON PERSONNEL UNDER STRATEGIC INTEL-
LIGENCE PARTNERSHIP PROGRAM. 
(a) STUDY.—The Director of National Intelligence and 
the Director of the Office of Intelligence and Counterintel-
ligence of the Department of Energy, in consultation with 
the National Laboratories Directors’ Council, shall jointly 
conduct a study of the skills, recruitment, and retention of 
the personnel at the national laboratories who carry out 
projects under the Strategic Intelligence Partnership Pro-
gram. 
(b) ELEMENTS.—The study under subsection (a) shall 
address the following: 
(1) The degree to which the personnel at the na-
tional laboratories who carry out projects under the 
Strategic Intelligence Partnership Program have the 
requisite training, skillsets, or expertise in critical 
science, technology, and engineering areas to support 
ongoing and anticipated projects under such Pro-
gram, and the sufficiency of such personnel. 
(2) Whether such personnel have compensation, 
benefits, and pay scales that are competitive with 
comparable roles in the private sector in the geo-
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
110 
graphic market in which the relevant national labora-
tory is located. 
(3) Any challenges associated with the retention 
of such personnel. 
(4) The talent composition of such personnel, 
broken down by career phase and degree status, to in-
clude any relevant exit survey data. 
(5) A description of current or previous pro-
grams enabling such personnel to rotate between ele-
ments of the intelligence community and the national 
laboratories, including the number of personnel on 
nonreimbursable or reimbursable assignment to an 
element of the intelligence community. 
(6) The degree to which such projects and per-
sonnel support or augment other ongoing mission 
areas and capacities at the national laboratories. 
(c) RECOMMENDATIONS.—Upon completing the study 
under subsection (a), the Directors shall jointly develop 
findings and recommendations based on the results of the 
study regarding the recruitment and retention of personnel 
at the national laboratories who carry out projects under 
the Strategic Intelligence Partnership Program, including 
with respect to the following: 
(1) New or alternative business models, sponsor-
ship arrangements, or work scope agreements. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
111 
(2) Extending eligibility for existing, or estab-
lishing new, recruitment, retention, or other career 
incentive programs, including student loan repay-
ment and forgiveness programs, to such personnel. 
(3) Initiating geographically flexible or remote 
work arrangements for such personnel. 
(4) Enabling such personnel to participate in 
training at elements of the intelligence community, or 
obtain academic training at the National Intelligence 
University. 
(5) Establishing new, or enhancing existing, op-
portunities for detailee or rotational programs among 
the intelligence community and the national labora-
tories. 
(6) Using a compensation system modeled on the 
Cyber Talent Management System of the Department 
of Homeland Security for such personnel. 
(7) Any other recommendations the Directors de-
termine relevant. 
(d) REPORT.— 
(1) REQUIREMENT.—Not later than one year 
after the date of the enactment of this Act, the Direc-
tors shall jointly submit to the congressional intel-
ligence committees a report containing the study 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
112 
under subsection (a) and the recommendations under 
subsection (c). 
(2) FORM.—The report under paragraph (1) 
shall be submitted in unclassified form, but may in-
clude a classified annex. 
(e) NATIONAL LABORATORIES DEFINED.—In this sec-
tion, the term ‘‘national laboratories’’ means— 
(1) each national security laboratory (as defined 
in section 3281(1) of the National Nuclear Security 
Administration Act (50 U.S.C. 2471(1))); and 
(2) each national laboratory of the Department 
of Energy. 
SEC. 443. ASSESSMENT OF HANDLING OF CERTAIN INFOR-
MATION RELATING TO DELIBERATIONS OF 
BUREAU OF INDUSTRY AND SECURITY. 
(a) INSPECTORS GENERAL ASSESSMENT.— 
(1) REQUIREMENT.—Not later than 270 days 
after the date of the enactment of this Act, the Inspec-
tor General of the Intelligence Community, in coordi-
nation with the Inspector General of the Department 
of Commerce, shall submit to the appropriate congres-
sional committees an assessment of practices for han-
dling covered information that may, in isolation or 
in aggregate, cause harm to the national security of 
the United States. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
113 
(2) MITIGATION.—The report under paragraph 
(1) shall include recommended steps, should any be 
necessary, to improve the secure handling of covered 
information, including with respect to whether the de-
cisions and deliberations of the Bureau of Industry 
and Security of the Department of Commerce that in-
volve covered information should be solely conducted 
on classified networks. 
(3) FORM.—The report under paragraph (1) 
may be submitted in classified form, consistent with 
the protection of sources and methods. 
(b) DIRECTOR OF NATIONAL INTELLIGENCE ASSESS-
MENT.— 
(1) REQUIREMENT.—Not later than 180 days 
after the date of the enactment of this Act, the Direc-
tor of National Intelligence shall conduct an assess-
ment of how covered information is transmitted, 
stored, and secured. 
(2) MATTERS INCLUDED.—The assessment under 
paragraph (1) shall include— 
(A) the projected cost of installing classified 
information systems for use by the Bureau of In-
dustry and Security; and 
(B) the feasibility of identifying secured of-
fice space for such systems. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
114 
(3) SUBMISSION.—Not later than 210 days after 
the date of enactment of this Act, the Director shall 
submit to the appropriate congressional committees 
the findings of the assessment under paragraph (1). 
(c) DEFINITIONS.—In this section: 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the congressional intelligence commit-
tees; 
(B) the Committee on Energy and Com-
merce of the House of Representatives; and 
(C) the Committee on Commerce, Science, 
and Transportation of the Senate. 
(2) COVERED INFORMATION.—The term ‘‘covered 
information’’ means information provided by an ele-
ment of the intelligence community to the Bureau of 
Industry and Security of the Department of Com-
merce as part of decisions or deliberations by the Bu-
reau or information or material derived from classi-
fied deliberative or decisional interagency policy doc-
uments. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
115 
TITLE V—MATTERS RELATING 
TO EMERGING TECHNOLOGIES 
Subtitle A—General Matters 
SEC. 501. DEFINITIONS. 
In this title: 
(1) EMERGING
TECHNOLOGY
COMPANY.—The 
term ‘‘emerging technology company’’ means a com-
pany that is in the business of maturing and selling 
technology that is in a developmental stage, or that 
may be developed during the 10-year period begin-
ning on January 1, 2022, including with respect to 
biotechnology, quantum information science, future 
generation wireless technology, advanced materials, 
artificial 
intelligence, 
nanotechnology, 
microelec-
tronics, space technology, renewable energy generation 
and storage, advanced computing, and human-ma-
chine interfaces. 
(2) SMALL- OR MEDIUM-SIZED EMERGING TECH-
NOLOGY
COMPANY.—The term ‘‘small- or medium- 
sized emerging technology company’’ means an emerg-
ing technology company with fewer than 1,000 em-
ployees. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
116 
SEC. 502. OFFICIALS RESPONSIBLE FOR ARTIFICIAL INTEL-
LIGENCE POLICIES OF THE INTELLIGENCE 
COMMUNITY. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) the intelligence community must rapidly 
adopt artificial intelligence into its workflows to com-
pete with United States adversaries, and keep pace 
with and leverage commercial cutting-edge tech-
nologies; 
(2) while pockets of success are present across the 
intelligence community, Congress is concerned that 
artificial intelligence has not scaled appropriately 
and continues to lag behind industry; 
(3) broadly, Congress believes that the Director of 
National Intelligence should be primarily responsible 
for setting the policies and procedures as they relate 
to artificial intelligence adoption, acquiring any nec-
essary common infrastructure such as training data, 
intelligence community-wide contracts for data label-
ers, cloud storage and compute capabilities, and other 
infrastructure necessary for intelligence community 
elements rapidly to adopt artificial intelligence; and 
(4) the heads of the elements of the intelligence 
community should be primarily responsible for ac-
quiring and developing agency-specific artificial in-
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
117 
telligence applications, in coordination with the Di-
rector and the heads of the elements of the intelligence 
community, and assisting the Director with pre-
paring the necessary infrastructure such as data, 
hardware, and software for the intelligence commu-
nity to adopt artificial intelligence applications. 
(b) REQUIREMENT TO DEVELOP DEFINITION.—Section 
309(a) of the Intelligence Authorization Act for Fiscal Year 
2022 (50 U.S.C. 3316c(a)) is amended— 
(1) by redesignating paragraphs (3) through (24) 
as paragraphs (4) through (25), respectively; and 
(2) by inserting after paragraph (2) the fol-
lowing new paragraph: 
‘‘(3) Artificial intelligence.’’. 
(c) DIRECTOR OF NATIONAL INTELLIGENCE.—Section 
102A(n) of the National Security Act of 1947 (50 U.S.C. 
3024(n)), as amended by section 412(b)(2), is further 
amended by adding at the end the following new paragraph: 
‘‘(6) The Director of National Intelligence, in consulta-
tion with the heads of the elements of the intelligence com-
munity and the Director of Science and Technology, shall 
establish policies and procedures relating to the acquisition 
and use of artificial intelligence by the intelligence commu-
nity, including with respect to data, computing, storage, 
and models necessary for the intelligence community to le-
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
118 
verage, incorporate, adopt, and maintain artificial intel-
ligence applications.’’. 
(d) DIRECTOR OF SCIENCE AND TECHNOLOGY.— 
(1) DUAL-HATTED AS CHIEF TECHNOLOGY OFFI-
CER.—Subsection (a) of section 103E of such Act (50 
U.S.C. 3030) is amended by inserting at the end the 
following new sentence: ‘‘The Director of Science and 
Technology shall also serve as the Chief Technology 
Officer of the Office of the Director of National Intel-
ligence.’’. 
(2) APPOINTMENT.—Subsection (b) of such sec-
tion is amended to read as follows: 
‘‘(b) REQUIREMENT RELATING TO APPOINTMENT.—An 
individual appointed as Director of Science and Technology 
shall have a professional background and experience appro-
priate for the duties of the Director of Science and Tech-
nology. In making such appointment, the Director of Na-
tional Intelligence shall give preference to an individual 
with varied professional experiences, including experience 
outside of the United States Government.’’. 
(3) POLICIES.—Such section is amended— 
(A) by redesignating subsection (d) as sub-
section (f); and 
(B) by inserting after subsection (c) the fol-
lowing new subsection: 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
119 
‘‘(d) POLICIES.—The Director of Science and Tech-
nology shall— 
‘‘(1) recommend to the Director of National In-
telligence policies and procedures for the intelligence 
community relating to incorporating artificial intel-
ligence in accordance with section 102A(n); 
‘‘(2) conduct reviews of the policies and proce-
dures of the intelligence community relating to the 
adoption and integration of technology into the intel-
ligence community, including with respect to, as ap-
propriate— 
‘‘(A) incentives and policies relating to 
human resources; 
‘‘(B) incentives and policies relating to ac-
quisition and contracting; 
‘‘(C) incentives and policies relating to fi-
nancial management and budgeting; and 
‘‘(D) technology standards and policies; 
‘‘(3) make recommendations to the Director of 
National Intelligence with respect to the budgets of the 
elements of the intelligence community regarding the 
matters covered by this section, including with respect 
to reprogramming funds to carry out the intelligence 
community-wide artificial intelligence mission of the 
Director of National Intelligence; 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
120 
‘‘(4) coordinate with the Under Secretary of De-
fense for Research and Engineering on initiatives, 
policies, and programs carried out jointly between the 
intelligence community and the Department of De-
fense; 
‘‘(5) coordinate with the Director of the Office of 
Science and Technology Policy to promote intelligence 
community-specific requirements and perspectives 
within the initiatives of the Office of Science and 
Technology Policy; and 
‘‘(6) for purposes of integrating the priorities 
and requirements of the intelligence community into 
a broader national strategy on technology, coordinate 
with the heads of— 
‘‘(A) the National Institute for Standards 
and Technology; 
‘‘(B) the National Science Foundation; and 
‘‘(C) any other department or agency of the 
United States Government, federally funded re-
search and development center, or other entity 
that the Director of Science and Technology de-
termines appropriate.’’. 
(4) CLARIFICATION OF ROLE.—Such section is 
amended by inserting after subsection (d), as added 
by paragraph (3), the following new subsection: 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
121 
‘‘(e) CLARIFICATION
OF
ROLE.—The Director of 
Science and Technology may not have operational control 
over any program directly managed by an element of the 
intelligence community other than the Office of the Director 
of National Intelligence.’’. 
(e) CHIEF DATA OFFICER.— 
(1) IN GENERAL.—The National Security Act of 
1947 (50 U.S.C. 3001 et seq.) is amended by inserting 
after section 103J the following new section (and con-
forming the table of contents at the beginning of such 
Act accordingly): 
‘‘SEC. 103K. CHIEF DATA OFFICER. 
‘‘(a) DIRECTOR
OF SCIENCE
AND TECHNOLOGY.— 
There is a Chief Data Officer within the Office of the Direc-
tor of National Intelligence who shall be appointed by the 
Director of National Intelligence. The Chief Data Officer 
is the Chief Data Officer of the Office of the Director of 
National Intelligence for purposes of section 3520 of title 
44, United States Code. 
‘‘(b) REQUIREMENT RELATING TO APPOINTMENT.—An 
individual appointed as the Chief Data Officer shall have 
a professional background and experience appropriate for 
the duties of the Chief Data Officer. In making such ap-
pointment, the Director of National Intelligence shall give 
preference to an individual with varied professional experi-
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
122 
ences, including experience outside of the United States 
Government. 
‘‘(c) DUTIES.—In addition to any other functions and 
responsibilities specified in section 3520 of title 44, United 
States Code, the Chief Data Officer— 
‘‘(1) shall recommend to the Director of National 
Intelligence policies and procedures for the intel-
ligence community regarding the acquisition and use 
of artificial intelligence with respect to the data needs 
of the intelligence community in support of adopting 
emerging technologies, in accordance with section 
102A(n) and subject to the approval by the Director 
of National Intelligence, the Director of Science and 
Technology, and the Chief Information Officer; 
‘‘(2) shall conduct reviews of the policies and 
procedures of the intelligence community relating to 
data, including with respect to data curation, data 
labeling, data acquisition, data security, data inter-
operability, and data accessibility, except with respect 
to such policies and procedures established pursuant 
to a provision of law or executive order relating to the 
control, use, retention, collection, or dissemination of 
data; 
‘‘(3) shall conduct ongoing reviews of the data 
policies of the intelligence community, including to 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
123 
ensure that such policies promote interoperability and 
accessibility with commercial software providers, in-
cluding by the promotion of open application pro-
gramming interfaces; 
‘‘(4) shall coordinate with the Chief Data Officer 
of the Department of Defense and other relevant offi-
cials of the Department to ensure consistent data poli-
cies and, to the extent practicable and advisable, con-
sistent standards and policies that ensure data is ac-
cessible between relevant elements of the intelligence 
community and the Department; 
‘‘(5) may make recommendations to the Director 
of National Intelligence, acting through the Chief 
Technology Officer, with respect to the budgets of the 
elements of the intelligence community regarding 
data, if such recommendations are— 
‘‘(A) consistent with the policies established 
by the Director; and 
‘‘(B) made in furtherance of accelerating the 
transition to digital business practices across the 
intelligence community, including with respect 
to the acquisition, curation, dissemination, and 
other data practices necessary to adopt artificial 
intelligence capabilities and other emerging tech-
nologies within the intelligence community; and 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
124 
‘‘(6) shall perform other such duties as may be 
prescribed by the Director of National Intelligence, the 
Director of Science and Technology, or specified by 
law. 
‘‘(d) IDENTIFICATION OF CONFLICTS.—Not later than 
60 days after the date on which the Chief Data Officer iden-
tifies a policy of the intelligence community, including with 
respect to policies governing the access to data, that restricts 
the Chief Data Officer from carrying out subsection (c), the 
Chief Data Officer shall notify the Director of National In-
telligence and the congressional intelligence committees of 
such policy and restriction.’’. 
(2) INCUMBENT.—The individual serving in the 
position of Chief Data Officer of the Office of the Di-
rector of National Intelligence as of the date of the en-
actment of this Act may continue to serve in such po-
sition without further appointment pursuant to sec-
tion 103K of the National Security Act of 1947, as 
added by paragraph (1). 
Subtitle B—Improvements Relating 
to Procurement 
SEC. 511. ADDITIONAL TRANSACTION AUTHORITY. 
(a) ADDITIONAL TRANSACTION AUTHORITY.—The Na-
tional Security Act of 1947 (50 U.S.C. 3001 et seq.), as 
amended by section 502, is further amended by inserting 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
125 
after section 102A the following new section (and con-
forming the table of contents at the beginning of such Act 
accordingly): 
‘‘SEC. 102B. ADDITIONAL TRANSACTION AUTHORITY. 
‘‘(a) IN GENERAL.—In addition to other acquisition 
authorities, the head of an element of the intelligence com-
munity may exercise the authorities under subsections (b), 
(c), and (d). 
‘‘(b) COOPERATIVE AGREEMENTS AND GRANTS.—The 
head of an element of the intelligence community may use 
cooperative agreements and grants, in accordance with 
chapter 63 of title 31, United States Code, to carry out 
basic, applied, and advanced research and development, 
and prototype projects in support of intelligence activities. 
‘‘(c) OTHER TRANSACTION AUTHORITY.—The head of 
an element of the intelligence community may enter into 
transactions (other than contracts, cooperative agreements, 
and grants) under the authority of this subsection to carry 
out basic, applied, and advanced research projects in sup-
port of intelligence activities. 
‘‘(d) AUTHORITY
OF ELEMENTS
OF
THE INTEL-
LIGENCE COMMUNITY TO CARRY OUT CERTAIN PROTOTYPE 
PROJECTS.— 
‘‘(1) AUTHORITY.—The head of an element of the 
intelligence community may, under the authority of 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
126 
subsection (c), enter into a transaction to carry out 
a prototype project in support of intelligence activi-
ties only if each party to the transaction, other than 
the Federal Government, is a covered contractor. 
‘‘(2) FOLLOW-ON
PRODUCTION
CONTRACTS
OR 
TRANSACTIONS.— 
‘‘(A) IN GENERAL.—A transaction entered 
into under this subsection for a prototype project 
may provide for the award of a follow-on pro-
duction contract or a follow-on production trans-
action to the participants in the transaction. A 
transaction includes all individual prototype 
subprojects awarded under the transaction to a 
consortium of United States industry and aca-
demic institutions. 
‘‘(B) 
FOLLOW-ON
PRODUCTION
CON-
TRACTS.—A follow-on production contract pro-
vided for in a transaction under subparagraph 
(A) may be awarded to the participants in the 
transaction without the use of any competitive 
procedure that would otherwise apply if the fol-
lowing criteria are satisfied: 
‘‘(i) The authorizing official of the rel-
evant element of the intelligence community 
determines that Government users of the 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
127 
proposed production product or production 
service have been consulted. 
‘‘(ii) In the case of a proposed produc-
tion product that is software, there are 
mechanisms in place for Government users 
to provide feedback to participants to the 
follow-on production contract. 
‘‘(iii) In the case of a proposed produc-
tion product that is software, the follow-on 
production contract includes a requirement 
that, for the duration of such contract (or 
such other period of time as may be agreed 
to as a term of such contract)— 
‘‘(I) the participants provide to 
the head of the relevant element of the 
intelligence community the most up-to- 
date version of the production product 
that is available in the commercial 
marketplace; and 
‘‘(II) there are mechanisms in 
place for the participants to provide 
real-time updates to the production 
product. 
‘‘(C) 
FOLLOW-ON
PRODUCTION
TRANS-
ACTIONS.—A follow-on production transaction 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
128 
provided for in a transaction under subpara-
graph (A) may be awarded to the participants 
in the transaction without the use of any com-
petitive procedure that would otherwise apply. 
‘‘(e) RECOVERY OF FUNDS.— 
‘‘(1) IN GENERAL.—A cooperative agreement au-
thorized by subsection (a) and a transaction author-
ized by subsection (c) or (d) may include a clause 
that requires a person to make payments to the Office 
of the Director of National Intelligence or any other 
element of the intelligence community as a condition 
for receiving support under the agreement or other 
transaction. 
‘‘(2) ACCOUNTING FOR RECOVERED FUNDS.—The 
amount of any payment received by the Federal Gov-
ernment pursuant to a requirement imposed under 
paragraph (1) may be credited to the appropriate ac-
count for research and development or procurement. 
Amounts so credited shall be merged with other funds 
in the account and shall be available for the same 
purposes and the same period for which other funds 
in such account are available. 
‘‘(f) EDUCATION.—The Director of National Intel-
ligence and the heads of the elements of the intelligence com-
munity shall ensure that management, technical, and con-
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
129 
tracting personnel of the elements of the intelligence commu-
nity who are involved in the award or administration of 
transactions under subsection (c) or (d), or alternative ac-
quisition pathways, are afforded opportunities for adequate 
education and training relating to such award or adminis-
tration. 
‘‘(g) AGREEMENTS OFFICERS.—To ensure adequate 
availability of staff warranted as Agreements Officers, by 
not later than October 1, 2024, at least 50 percent of the 
contracting staff within the intelligence community that 
hold at least some responsibility for buying technology shall 
have received the appropriate training to become warranted 
as Agreements Officers, who are given authority to execute 
and administer the agreements, grants, and transactions 
authorized by this section. 
‘‘(h) DELEGATION REQUIRED.—The Director of Na-
tional Intelligence and the heads of the elements of the intel-
ligence community shall, to the maximum extent prac-
ticable, delegate the authority to make a determination or 
decision referred to in this section to the official responsible 
for technology adoption in the relevant element of the intel-
ligence community, regardless of whether such official serves 
in an acquisition position. 
‘‘(i) DEFINITIONS.—In this section: 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
130 
‘‘(1) COMMERCIAL
PRODUCT.—The term ‘com-
mercial product’ has the meaning given that term in 
section 103 of title 41, United States Code. 
‘‘(2) COMMERCIAL SERVICE.—The term ‘commer-
cial service’ has the meaning given that term in sec-
tion 103a of title 41, United States Code. 
‘‘(3) COVERED CONTRACTOR.—The term ‘covered 
contractor’ means a contractor of an element of the 
intelligence community that is a small- or medium- 
sized emerging technology company. 
‘‘(4) EMERGING
TECHNOLOGY
COMPANY.—The 
term ‘emerging technology company’ means a com-
pany that is in the business of maturing and selling 
technology that is in a developmental stage, or that 
may be developed during the 10-year period begin-
ning on January 1, 2022, including with respect to 
biotechnology, quantum information science, future 
generation wireless technology, advanced materials, 
artificial 
intelligence, 
nanotechnology, 
microelec-
tronics, space technology, renewable energy generation 
and storage, advanced computing, and human-ma-
chine interfaces. 
‘‘(5) PRODUCTION PRODUCT.—The term ‘produc-
tion product’ means any commercial product that is 
not a prototype or development product and is in-
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
131 
tended to provide capability to the United States Gov-
ernment at scale as determined by the authorizing of-
ficial of the relevant element of the intelligence com-
munity. 
‘‘(6) PRODUCTION SERVICE.—The term ‘produc-
tion service’ means any commercial service that is not 
a prototype or development service and is intended to 
provide capability to the United States Government 
at scale as determined by the authorizing official of 
the relevant element of the intelligence community. 
‘‘(7) SMALL- 
OR
MEDIUM-SIZED
EMERGING 
TECHNOLOGY
COMPANY.—The term ‘small- or me-
dium-sized emerging technology company’ means an 
emerging technology company with fewer than 1,000 
employees.’’. 
(b) GUIDANCE.—Not later than 180 days after the date 
of the enactment of this Act, the Director of National Intel-
ligence shall issue guidance for carrying out the amend-
ments made by subsection (a). 
SEC. 512. OFFICES OF COMMERCIAL INTEGRATION. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) Congress is concerned that the administrative 
and technical burdens on small- and medium-sized 
emerging technology companies to do business with 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
132 
the intelligence community is inadvertently pre-
cluding the most cutting-edge, advanced companies 
from contracting with the United States Government; 
(2) this dynamic has significant negative con-
sequences for United States national security, includ-
ing United States global technological competitiveness 
in the fields of artificial intelligence, quantum com-
puting, and advanced manufacturing, among others; 
(3) some such companies have attempted still to 
contract with the intelligence community by spending 
valuable capital and time on government affairs ex-
perts to navigate the challenges of integrating into the 
intelligence community, yet, the administrative and 
technical burdens of contracting with the intelligence 
community are often too high even for the companies 
that are able to afford this consulting; 
(4) Congress believes that the United States Gov-
ernment has both an obligation and an opportunity 
to assist these technology companies navigate the hur-
dles it takes to work with the intelligence community 
to ensure that the Federal Government benefits from 
the best that the private sector has to offer; and 
(5) doing so will help cultivate an ecosystem of 
cutting-edge technology companies that can provide 
products and services that are essential to the mis-
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
133 
sions of the intelligence community, and advance the 
goal of ensuring United States adversaries do not out-
pace the United States in these critical fields. 
(b) PLAN FOR ESTABLISHMENT.— 
(1) SUBMISSION.—Not later than 1 year after 
the date of the enactment of this Act, the Director of 
National Intelligence, in coordination with the heads 
of the elements of the intelligence community, shall 
submit to the congressional intelligence committees a 
plan for the establishment of an office within each ele-
ment, to be known as the ‘‘Office of Commercial Inte-
gration’’ of that element, for the purpose of providing 
administrative assistance to covered contractors. 
(2) ELEMENTS.—The plan under paragraph (1) 
shall include the following: 
(A) A proposal for the designation of a sen-
ior official of the Office of the Director of Na-
tional Intelligence who shall be responsible for 
the coordination across the Offices of Commercial 
Integration. 
(B) Guidelines requiring each Director of 
Commercial Integration to share best practices 
and other information, and coordinate, with the 
other Directors of Commercial Integration. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
134 
(C) A timeline of the steps necessary to es-
tablish each Office of Commercial Integration by 
the date that is not later than 2 years after the 
date of the enactment of this Act. 
(D) An assessment of the personnel require-
ments, and any other resource requirements, nec-
essary to establish each Office of Commercial In-
tegration by such date, including an identifica-
tion of— 
(i) each Director of Commercial Inte-
gration; 
(ii) the amount of personnel necessary 
for the establishment of each Office of Com-
mercial Integration; and 
(iii) the necessary qualifications of any 
such personnel. 
(E) Policies regarding the types of adminis-
trative assistance that may be provided to cov-
ered contractors by each Office of Commercial 
Integration, taking into account the role of such 
assistance as an incentive for emerging tech-
nology companies to enter into contracts with the 
heads of the elements of the intelligence commu-
nity. In developing such policies, the Director of 
National Intelligence shall prioritize assistance 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
135 
to reduce administrative burdens faced by pre-
ferred contractors. 
(F) Eligibility criteria for determining the 
types of covered contractors that may receive ad-
ministrative assistance provided by each Office 
of Commercial Integration. 
(G) Guidelines that outline, with respect to 
a contract, at what stage covered contractors de-
termined eligible pursuant to the criteria speci-
fied in subparagraph (F) may receive such ad-
ministrative assistance. 
(H) Policies regarding outreach efforts to be 
conducted by each Director of Commercial Inte-
gration with respect to such eligible covered con-
tractors. 
(I) Policies regarding how the intelligence 
community will coordinate with the Director of 
the Federal Bureau of Investigation to provide 
proactive counterintelligence risk analysis and 
assistance to private entities. 
(J) Such other intelligence community-wide 
policies as the Director of National Intelligence 
may prescribe relating to the improvement of 
commercial integration (and the coordination of 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
136 
such improvements) by and among the elements 
of the intelligence community. 
(c) DEADLINE FOR ESTABLISHMENT.—Not later than 
2 years after the date of the enactment of this Act, each 
head of an element of the intelligence community shall es-
tablish within that element, in accordance with the plan 
under subsection (b), an Office of Commercial Integration 
of that element. 
(d) STAFF; DETAILEES.— 
(1) STAFF.—Each Director of Commercial Inte-
gration may appoint personnel as the Director deter-
mines appropriate. 
(2) DETAILEES.—Upon request of a Director of 
Commercial Integration, the head of any Federal de-
partment of agency may detail, on a reimbursable 
basis, any of the personnel of such department or 
agency to the Office of Commercial Integration con-
cerned. 
(3) EXPERTISE.—In appointing personnel under 
paragraph (1) and accepting detailed personnel pur-
suant to paragraph (2), each Director of Commercial 
Integration shall seek to appoint and accept personnel 
with expertise in a range of disciplines necessary for 
the accelerated integration of commercial technologies 
into the intelligence community (as determined by the 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
137 
Director), including expertise in the administrative 
burdens associated with the following: 
(A) Authorization to operate certifications. 
(B) Contracting. 
(C) Facility clearances. 
(D) Security clearances. 
(e) REPORTS REQUIRED.— 
(1) REPORTS.—Not later than 2 years after the 
date of the enactment of this Act, and annually there-
after for 3 years, each Director of Commercial Inte-
gration shall submit to the congressional intelligence 
committees a report on the status of the Office of 
Commercial Integration concerned, including the fol-
lowing, with respect to the year covered by the report: 
(A) A description of the assistance offered 
by the Director. 
(B) A description of the methods by which 
the Director advertised such assistance. 
(C) Any updates to the policies of such Of-
fice. 
(D) Statistics on the types of covered con-
tractors that received administrative assistance 
provided by such Office, and the extent of the use 
of the assistance by such covered contractors. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00137
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
138 
(E) A summary of any successes relating to 
administrative assistance provided by such Of-
fice. 
(F) Recommendations on how to improve 
the efficiency or effectiveness of such Office. 
(G) An identification of any additional re-
sources or authorities necessary for such Office to 
fulfill the duties of the Office. 
(2) COORDINATION.—In carrying out paragraph 
(1), each Director of Commercial Integration shall co-
ordinate with the senior official designated pursuant 
to subsection (b)(2)(A). 
(f) DEFINITIONS.—In this section: 
(1) COVERED CONTRACTOR.—The term ‘‘covered 
contractor’’ has the meaning given that term in sec-
tion 514(c). 
(2) DIRECTOR OF COMMERCIAL INTEGRATION.— 
The term ‘‘Director of Commercial Integration’’ 
means the head of an Office of Commercial Integra-
tion. 
(3) OFFICE OF COMMERCIAL INTEGRATION CON-
CERNED.—The term ‘‘Office of Commercial Integra-
tion concerned’’, with respect to a Director of Com-
mercial Integration, means the Office of Commercial 
Integration of which that Director is head. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00138
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
139 
(4) PREFERRED CONTRACTOR.—The term ‘‘pre-
ferred contractor’’ means a contractor described in 
section 514(c)(4). 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00139
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
140 
SEC. 513. PILOT PROGRAM FOR DESIGNATION OF CERTAIN 
SBIR AND STTR PROJECTS AS ENTREPRE-
NEURIAL INNOVATION PROJECTS. 
(a) PILOT PROGRAM.—The Director of National Intel-
ligence shall carry out a pilot program to more effectively 
transition eligible projects that present the potential to meet 
the operational needs of covered elements of the intelligence 
community to Phase III through the designation of eligible 
projects as Entrepreneurial Innovation Projects. 
(b) DESIGNATION.— 
(1) IN
GENERAL.—Under the pilot program 
under subsection (a), each head of a covered element 
of the intelligence community, in consultation with 
the Director of National Intelligence, shall designate 
not fewer than 5 eligible projects per year as Entre-
preneurial Innovation Projects. 
(2) REQUIRED CRITERIA.—The head of a covered 
element of the intelligence community may designate 
an eligible project as an Entrepreneurial Innovation 
Project under paragraph (1) if the head determines 
the eligible project meets the following criteria: 
(A) The eligible project demonstrates the po-
tential to— 
(i) advance the national security capa-
bilities of the United States; 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00140
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
141 
(ii) provide new technologies or proc-
esses, or new applications of existing tech-
nologies, that will enable new alternatives to 
existing programs, systems, and initiatives 
of the intelligence community; 
(iii) provide future cost savings; or 
(iv) significantly reduce the time to de-
liver capabilities to the intelligence commu-
nity. 
(B) Any other criteria that the head deter-
mines appropriate. 
(3) MITIGATION OF CONFLICTS OF INTEREST.— 
Each head of a covered element of the intelligence 
community, in consultation with the Director of Na-
tional Intelligence, shall establish procedures designed 
to mitigate, to the greatest extent practicable, organi-
zational conflicts of interest relating to the designa-
tion of projects under paragraph (1), including con-
flicts of interest from within a department or agency 
of the United States Government for which the des-
ignation and successful completion of an Entrepre-
neurial Innovation Project may represent a com-
peting alternative to an existing or proposed program 
or other activity of such department or agency. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00141
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
142 
(4) APPLICATIONS.—An eligible project seeking a 
designation under paragraph (1) shall submit to the 
head of the covered element of the intelligence commu-
nity from which such designation is sought an appli-
cation containing— 
(A) an explanation as to how the eligible 
project meets the criteria specified in paragraph 
(2); and 
(B) such other information as the head, in 
consultation with the Director of National Intel-
ligence, considers appropriate. 
(5) REVOCATION OF DESIGNATION.—If the head 
of a covered element of the intelligence community 
that previously designated a project under paragraph 
(1) determines such project no longer meets the re-
quired criteria specified in paragraph (2), or that the 
technology that is the subject of such project has be-
come irrelevant, such head may revoke the Entrepre-
neurial Innovation Project designation for such 
project. 
(c) BENEFITS OF DESIGNATION.— 
(1) INCLUSION IN MULTIYEAR NATIONAL INTEL-
LIGENCE PROGRAM PLAN.—The Director of National 
Intelligence shall include in the relevant multiyear 
national intelligence program plan submitted to Con-
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00142
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
143 
gress under section 1403 of the National Defense Au-
thorization Act for Fiscal Year 1991 (50 U.S.C. 3301) 
the estimated expenditures of each designated project. 
(2) INCLUSION
UNDER
SEPARATE
HEADING.— 
The designating head shall ensure that each des-
ignated project is included under a separate heading 
in the relevant multiyear national intelligence pro-
gram plan submitted to Congress under such section 
1403 of the National Defense Authorization Act for 
Fiscal Year 1991 (50 U.S.C. 3301). 
(3) CONSIDERATION
IN
PROGRAMMING
AND 
BUDGETING.—Each designated project shall be taken 
into consideration by the designating head in the pro-
gramming and budgeting phases of the intelligence 
planning, programming, budgeting, and evaluation 
process. 
(d) REPORTS TO CONGRESS.— 
(1) ANNUAL REPORTS.—On an annual basis for 
each fiscal year during which the pilot program 
under subsection (a) is carried out, concurrently with 
the submission of the budget of the President for that 
fiscal year under section 1105(a) of title 31, United 
States Code, the Director of National Intelligence 
shall submit to the appropriate congressional commit-
tees a report that includes the following: 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00143
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
144 
(A) A description of each designated project. 
(B) A summary of the potential of each des-
ignated project, as specified in subsection 
(b)(2)(A). 
(C) For each designated project, a descrip-
tion of the progress made toward delivering on 
such potential. 
(D) A description of the progress made to-
ward inclusion of the designated project in the 
future-years intelligence program. 
(E) Such other information on the status of 
such pilot program as the Director considers ap-
propriate. 
(2) FINAL
REPORT.—In the final report sub-
mitted under paragraph (1) prior to the date of ter-
mination under subsection (e), the Director of Na-
tional Intelligence shall include a recommendation on 
whether to extend the pilot program under subsection 
(a) and the appropriate duration of such extension, 
if any. 
(e) TERMINATION DATE.—The authority to carry out 
the pilot program under subsection (a) shall terminate on 
December 31, 2027. 
(f) DEFINITIONS.—In this section: 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00144
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
145 
(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the congressional intelligence commit-
tees; 
(B) the Committee on Small Business of the 
House of Representatives; and 
(C) the Committee on Small Business and 
Entrepreneurship of the Senate. 
(2) COVERED ELEMENT OF THE INTELLIGENCE 
COMMUNITY.—The term ‘‘covered element of the intel-
ligence community’’ means the following: 
(A) The Office of the Director of National 
Intelligence. 
(B) The Central Intelligence Agency. 
(C) The National Security Agency. 
(D) The National Geospatial-Intelligence 
Agency. 
(E) The National Reconnaissance Office. 
(3) DESIGNATED
PROJECT.—The term ‘‘des-
ignated project’’ means a project that has been des-
ignated as an Entrepreneurial Innovation Project 
under the pilot program under subsection (a) and for 
which such designation has not been revoked under 
subsection (b)(5). 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00145
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
146 
(4) DESIGNATING HEAD.—The term ‘‘designating 
head’’ means, with respect to the designation of a 
project as an Entrepreneurial Innovation Project 
under the pilot program under subsection (a), the 
head of the covered element of the intelligence commu-
nity making such designation. 
(5) ELIGIBLE
PROJECT.—The term ‘‘eligible 
project’’ means a project for which a small business 
concern has completed a Phase II SBIR or STTR 
award. 
(6) PHASE II; PHASE III; SBIR; STTR.—The terms 
‘‘Phase II’’, ‘‘Phase III’’, ‘‘SBIR’’, and ‘‘STTR’’ have 
the meanings given such terms in section 9(e) of the 
Small Business Act (15 U.S.C. 638(e)). 
(7) SMALL
BUSINESS
CONCERN.—The term 
‘‘small business concern’’ has the meaning given such 
term under section 3 of the Small Business Act (15 
U.S.C. 632). 
SEC. 514. REDUCTION OF BARRIERS RELATING TO CON-
TRACTS FOR ARTIFICIAL INTELLIGENCE AND 
OTHER EMERGING TECHNOLOGIES. 
(a) FINDINGS; SENSE OF CONGRESS.— 
(1) FINDINGS.—Congress finds the following: 
(A) Authorizations to operate are essential 
to maintaining network and system security. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00146
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
147 
(B) However, Congress is concerned that the 
executive branch does not have a user-friendly 
platform or process to adjudicate and review au-
thority to operate applications. 
(C) Nor is the executive branch resourced to 
meet the demand for authority to operate certifi-
cations from commercial vendors, leading to 
lengthy delays to bring commercial solutions into 
government networks and systems. 
(D) These barriers handicap the executive 
branch when contracting for cutting-edge tech-
nologies. 
(2) SENSE
OF
CONGRESS.—It is the sense of 
Congress that— 
(A) the intelligence community and the Sec-
retary of Defense should develop a resourcing 
plan to address these issues, including developing 
common platforms for applications and require-
ments to be shared with industry, and a process 
for authority to operate certification reciprocity 
across the Department of Defense and the intel-
ligence community, with the appropriate safe-
guards; 
(B) easing these administrative costs and 
burdens helps cultivate an ecosystem that 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00147
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
148 
incentivizes small- and medium-sized emerging 
technology companies to work with the Federal 
Government, which is essential for the United 
States to compete globally for technology suprem-
acy; 
(C) sensitive compartmented information 
facilities are often requirements for companies 
that wish to conduct business with the intel-
ligence community; 
(D) unfortunately, the process to accredit 
and certify a facility as a sensitive compart-
mented information facility is time consuming 
and expensive, which further raises the barriers 
to entry for small- and medium-sized emerging 
technology companies; and 
(E) lowering those barriers is an important 
function of the intelligence community to gain 
access to the cutting-edge technology offered by 
such companies. 
(b) PROTOCOL ON AUTHORITY TO OPERATE CERTIFI-
CATIONS.— 
(1) PROTOCOL.—Not later than 180 days after 
the date of the enactment of this Act, the Director of 
National Intelligence, in coordination with the Sec-
retary of Defense, shall develop and submit to the ap-
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00148
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
149 
propriate congressional committees a protocol setting 
forth policies and procedures relating to authority to 
operate certifications held by commercial providers. 
(2) ELEMENTS.—The protocol under paragraph 
(1) shall include, at a minimum, the following: 
(A) A policy that ensures reciprocal rec-
ognition among the elements of the intelligence 
community and the Department of Defense of 
authority to operate certifications held by com-
mercial providers. Such reciprocal recognition 
shall be limited to authority to operate certifi-
cations for systems that store or provide access to 
data classified at an equal or higher classifica-
tion level. 
(B) Procedures under which a commercial 
provider that is a contractor of an element of the 
intelligence community or the Department of De-
fense and holds an authority to operate certifi-
cation for a system that relates to the contract 
concerned may provide to head of such element 
or the Secretary of Defense, as the case may be, 
the most recently updated version of any soft-
ware, data, or application under such system 
without being required to submit an application 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00149
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
150 
for a new or renewed authority to operate certifi-
cation. 
(C) Procedures for the automated review, re-
newal, and revocation of authority to operate 
certifications held by commercial providers, sub-
ject to such conditions as may be prescribed by 
the Director of National Intelligence, in coordi-
nation with the Secretary of Defense. 
(D) Standard documentation requirements 
for commercial providers submitting applica-
tions for authority to operate certifications. Such 
requirements shall be— 
(i) established jointly by the Director 
of National Intelligence and the Secretary of 
Defense; and 
(ii) except as provided in paragraph 
(3), uniform across the Department of De-
fense and the elements of the intelligence 
community for each appropriate level of se-
curity. 
(E) A requirement to establish a joint por-
tal of the Office of the Director of National Intel-
ligence and the Department of Defense for the 
maintenance of records, applications, and system 
requirements for authority to operate certifi-
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00150
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
151 
cations. Such portal shall be designed to store 
unclassified information, but may provide for 
the storage of classified information to the extent 
determined necessary by the Director of National 
Intelligence and the Secretary of Defense. 
(F) A workforce plan that addresses the 
shortage of personnel of the intelligence commu-
nity who are authorized to grant an authority to 
operate certification, including recommendations 
by the Director of National Intelligence for in-
creased pay and other incentives to recruit and 
retain such personnel. 
(G) Policies and procedures to ensure co-
ordination across the elements of the intelligence 
community with respect to the protocol under 
paragraph (1), including a requirement for— 
(i) the Director of National Intelligence 
to designate an official to lead such coordi-
nation across the intelligence community; 
and 
(ii) the head of each element of the in-
telligence community to designate an offi-
cial of the element to oversee the implemen-
tation of such protocol with respect to the 
element. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00151
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
152 
(H) Procedures to ensure data security and 
safety with respect to the implementation of the 
protocol under paragraph (1). 
(I) A proposed timeline for the implementa-
tion of the protocol under paragraph (1) by the 
deadline specified in such paragraph. 
(3) EXCEPTION TO STANDARD DOCUMENTATION 
REQUIREMENTS.—The Director of National Intel-
ligence and the Secretary of Defense may jointly es-
tablish nonuniform documentation requirements for 
commercial providers submitting applications for au-
thority to operate certifications, in addition to the re-
quirements specified in paragraph (2)(D), only if, 
prior to such establishment, the Director and Sec-
retary provide to the appropriate congressional com-
mittees a briefing on why such additional require-
ments are necessary. 
(4) DEFINITIONS.—In this subsection: 
(A) The term ‘‘appropriate congressional 
committees’’ means— 
(i) the congressional intelligence com-
mittees; and 
(ii) the Committees on Armed Services 
of the House of Representatives and the 
Senate. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00152
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
153 
(B) The term ‘‘authority to operate certifi-
cation’’ means, with respect to a system, a for-
mal designation by a designated approving au-
thority that authorizes the operation of the sys-
tem by a Federal department or agency and in-
cludes an acknowledgment that the Federal de-
partment or agency accepts the risk of such oper-
ation. 
(C) The term ‘‘contract concerned’’, with re-
spect to a contractor of an element of the intel-
ligence community or the Department of Defense, 
means the contract entered into by that con-
tractor with the head of the element or the Sec-
retary of Defense, as the case may be. 
(c) PLAN TO EXPAND SENSITIVE COMPARTMENTED IN-
FORMATION
FACILITY
ACCESS
BY
CERTAIN
CONTRAC-
TORS.— 
(1) PLAN; BRIEFING.—Not later than 180 days 
after the date of the enactment of this Act, the Direc-
tor of National Intelligence and the Secretary of De-
fense, in consultation with the heads of such other ele-
ments of the intelligence community as the Director 
of National Intelligence may determine appropriate, 
shall jointly— 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00153
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
154 
(A) develop a plan to expand access by cov-
ered contractors to sensitive compartmented in-
formation facilities for the purpose of providing 
covered contractors with a facility to securely 
perform work under covered contracts; and 
(B) provide to the appropriate congressional 
committees a briefing on such plan. 
(2) MATTERS.—The plan under paragraph (1) 
shall include the following: 
(A) An overview of the existing sensitive 
compartmented information facilities, if any, 
that may be repurposed for the purpose specified 
in paragraph (1). 
(B) An assessment of the feasibility of 
building additional sensitive compartmented in-
formation facilities for such purpose. 
(C) An assessment of the relative costs and 
benefits of repurposing existing, or building ad-
ditional, sensitive compartmented information 
facilities for such purpose. 
(D) The eligibility criteria for determining 
which covered contractors may be granted access 
to sensitive compartmented information facilities 
for such purpose. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00154
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
155 
(E) An estimate of the maximum number of 
covered contractors that may be provided access 
to sensitive compartmented information facilities 
for such purpose, taking into account the matters 
specified in subparagraphs (A) and (B). 
(F) Policies to ensure the efficient and nar-
row use of sensitive compartmented information 
facilities for such purpose, including a timeline 
for the length of such use by a covered contractor 
and a detailed description of the process to ter-
minate access to the sensitive compartmented in-
formation facility by a covered contractor 
upon— 
(i) the expiration of the covered con-
tract of the covered contractor; or 
(ii) a determination that the covered 
contractor no longer has a need for such ac-
cess to fulfill the terms of such contract. 
(G) Pricing structures for the use of sen-
sitive compartmented information facilities by 
covered contractors for the purpose specified in 
paragraph (1). Such pricing structures— 
(i) may include free use (for the pur-
pose of incentivizing future covered con-
tracts), with the potential for pricing to in-
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00155
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
156 
crease dependent on the length of the covered 
contract, the size of the covered contractor, 
and the need for such use; and 
(ii) shall ensure that the cumulative 
cost for a covered contractor to rent and 
independently certify a sensitive compart-
mented information facility for such pur-
pose does not exceed the market average for 
the Director of National Intelligence or the 
Secretary of Defense to build, certify, and 
maintain a sensitive compartmented infor-
mation facility. 
(H) A security plan for vetting each covered 
contractor prior to the access of a sensitive com-
partmented information facility by the covered 
contractor for the purpose specified in paragraph 
(1), and an assessment of potential security con-
cerns regarding such access. 
(I) A proposed timeline for the expansion of 
access to sensitive compartmented information 
facilities in accordance with paragraph (1). 
(J) Such other matters as the Director of 
National Intelligence or the Secretary of Defense 
considers relevant to such expansion. 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00156
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS
157 
(3) ELIGIBILITY CRITERIA FOR COVERED CON-
TRACTORS.—Under the eligibility criteria specified in 
subparagraph (D)— 
(A) unless the Director of National Intel-
ligence determines the source of the financing of 
a covered contractor poses a national security 
risk, such source of financing may not be taken 
into consideration in making a determination as 
to the eligibility of the covered contractor; and 
(B) preference shall be given to any pre-
ferred contractor described in paragraph (4). 
(4) PREFERRED
CONTRACTORS.—A preferred 
contractor described in this paragraph is a covered 
contractor— 
(A) that is a small business concern that 
has a Phase I or Phase II SBIR award for a 
project under a covered contract and dem-
onstrates a need for access to a sensitive com-
partmented information facility with respect to 
such ongoing project; or 
(B) the covered contract of which is a con-
tract entered into with the Director of AFWERX 
of the Air Force (or such successor program), the 
Director of the Defense Innovation Unit of the 
Department of Defense, or the head of any other 
VerDate Sep 11 2014 
16:40 Oct 31, 2022
Jkt 039200
PO 00000
Frm 00157
Fmt 6652
Sfmt 6203
E:\BILLS\H8367.RH
H8367
pamtmann on DSKBC07HB2PROD with BILLS