[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2103 Reported in Senate (RS)]
<DOC>
Calendar No. 106
118th CONGRESS
1st Session
S. 2103
To authorize appropriations for fiscal year 2024 for intelligence and
intelligence-related activities of the United States Government, the
Intelligence Community Management Account, and the Central Intelligence
Agency Retirement and Disability System, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 22, 2023
Mr. Warner, from the Select Committee on Intelligence, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2024 for intelligence and
intelligence-related activities of the United States Government, the
Intelligence Community Management Account, and the Central Intelligence
Agency Retirement and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representatives 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 ``Intelligence
Authorization Act for Fiscal Year 2024''.
(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.
Sec. 104. Increase in employee compensation and benefits authorized by
law.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
Sec. 301. Post-graduate employment of Department of Defense Cyber and
Digital Service Academy scholarship
recipients in intelligence community.
Sec. 302. Plan to recruit, train, and retain personnel with experience
in financial intelligence and emerging
technologies.
Sec. 303. Policy and performance framework for mobility of intelligence
community workforce.
Sec. 304. In-State tuition rates for active duty members of the
intelligence community.
Sec. 305. Standards, criteria, and guidance for counterintelligence
vulnerability assessments and surveys.
Sec. 306. Improving administration of certain post-employment
restrictions for intelligence community.
Sec. 307. Mission of the National Counterintelligence and Security
Center.
Sec. 308. Prohibition relating to transport of individuals detained at
United States Naval Station, Guantanamo
Bay, Cuba.
Sec. 309. Department of Energy review of certain foreign visitors and
assignees to National Laboratories.
Sec. 310. Congressional oversight of intelligence community risk
assessments.
Sec. 311. Inspector General review of dissemination by Federal Bureau
of Investigation Richmond, Virginia, field
office of certain document.
Sec. 312. Office of Intelligence and Analysis.
Subtitle B--Central Intelligence Agency
Sec. 321. Protection of Central Intelligence Agency facilities and
assets from unmanned aircraft.
Sec. 322. Change to penalties and increased availability of mental
health treatment for unlawful conduct on
Central Intelligence Agency installations.
Sec. 323. Modifications to procurement authorities of the Central
Intelligence Agency.
Sec. 324. Establishment of Central Intelligence Agency standard
workplace sexual misconduct complaint
investigation procedure.
Sec. 325. Pay cap for diversity, equity, and inclusion staff and
contract employees of the Central
Intelligence Agency.
TITLE IV--MATTERS CONCERNING FOREIGN COUNTRIES
Subtitle A--People's Republic of China
Sec. 401. Intelligence community coordinator for accountability of
atrocities of the People's Republic of
China.
Sec. 402. Interagency working group and report on the malign efforts of
the People's Republic of China in Africa.
Sec. 403. Amendment to requirement for annual assessment by
intelligence community working group for
monitoring the economic and technological
capabilities of the People's Republic of
China.
Sec. 404. Assessments of reciprocity in the relationship between the
United States and the People's Republic of
China.
Sec. 405. Annual briefing on intelligence community efforts to identify
and mitigate Chinese Communist Party
political influence operations and
information warfare against the United
States.
Sec. 406. Assessment of threat posed to United States ports by cranes
manufactured by countries of concern.
Subtitle B--Russian Federation
Sec. 411. Assessment of lessons learned by intelligence community with
respect to conflict in Ukraine.
Sec. 412. National intelligence estimate on long-term confrontation
with Russia.
Subtitle C--Other Foreign Countries
Sec. 421. Report on efforts to capture and detain United States
citizens as hostages.
Sec. 422. Sense of Congress on priority of fentanyl in National
Intelligence Priorities Framework.
TITLE V--MATTERS PERTAINING TO UNITED STATES ECONOMIC AND EMERGING
TECHNOLOGY COMPETITION WITH UNITED STATES ADVERSARIES
Subtitle A--General Matters
Sec. 501. Office of Global Competition Analysis.
Sec. 502. Assignment of detailees from intelligence community to
Department of Commerce.
Sec. 503. Threats posed by information and communications technology
and services transactions and other
activities.
Sec. 504. Revision of regulations defining sensitive national security
property for Committee on Foreign
Investment in the United States reviews.
Sec. 505. Support of intelligence community for export controls and
other missions of the Department of
Commerce.
Sec. 506. Review regarding information collection and analysis with
respect to economic competition.
Subtitle B--Next-generation Energy, Biotechnology, and Artificial
Intelligence
Sec. 511. Expanded annual assessment of economic and technological
capabilities of the People's Republic of
China.
Sec. 512. Procurement of public utility contracts.
Sec. 513. Assessment of using civil nuclear energy for intelligence
community capabilities.
Sec. 514. Policies established by Director of National Intelligence for
artificial intelligence capabilities.
Sec. 515. Strategy for submittal of notice by private persons to
Federal agencies regarding certain risks
and threats relating to artificial
intelligence.
TITLE VI--WHISTLEBLOWER MATTERS
Sec. 601. Submittal to Congress of complaints and information by
whistleblowers in the intelligence
community.
Sec. 602. Prohibition against disclosure of whistleblower identity as
reprisal against whistleblower disclosure
by employees and contractors in
intelligence community.
Sec. 603. Establishing process parity for adverse security clearance
and access determinations.
Sec. 604. Elimination of cap on compensatory damages for retaliatory
revocation of security clearances and
access determinations.
Sec. 605. Modification and repeal of reporting requirements.
TITLE VII--CLASSIFICATION REFORM
Subtitle A--Classification Reform Act of 2023
Chapter 1--Short Title; Definitions
Sec. 701. Short title.
Sec. 702. Definitions.
Chapter 2--Governance and Accountability for Reform of the Security
Classification System
Sec. 711. Executive Agent for Classification and Declassification.
Sec. 712. Executive Committee on Classification and Declassification
Programs and Technology.
Sec. 713. Advisory bodies for Executive Agent for Classification and
Declassification.
Sec. 714. Information Security Oversight Office.
Chapter 3--Reducing Overclassification
Sec. 721. Classification and declassification of information.
Sec. 722. Declassification working capital funds.
Sec. 723. Transparency officers.
Chapter 4--Preventing Mishandling of Classified Information
Sec. 731. Security review of certain records of the President and Vice
President.
Sec. 732. Mandatory counterintelligence risk assessments.
Sec. 733. Minimum standards for Executive agency insider threat
programs.
Chapter 5--Other Matters
Sec. 741. Prohibitions.
Sec. 742. Conforming amendment.
Sec. 743. Clerical amendment.
Subtitle B--Sensible Classification Act of 2023
Sec. 751. Short title.
Sec. 752. Definitions.
Sec. 753. Findings and sense of the Senate.
Sec. 754. Classification authority.
Sec. 755. Promoting efficient declassification review.
Sec. 756. Training to promote sensible classification.
Sec. 757. Improvements to Public Interest Declassification Board.
Sec. 758. Implementation of technology for classification and
declassification.
Sec. 759. Studies and recommendations on necessity of security
clearances.
TITLE VIII--SECURITY CLEARANCE AND TRUSTED WORKFORCE
Sec. 801. Review of shared information technology services for
personnel vetting.
Sec. 802. Timeliness standard for rendering determinations of trust for
personnel vetting.
Sec. 803. Annual report on personnel vetting trust determinations.
Sec. 804. Survey to assess strengths and weaknesses of Trusted
Workforce 2.0.
Sec. 805. Prohibition on denial of eligibility for access to classified
information solely because of past use of
cannabis.
TITLE IX--ANOMALOUS HEALTH INCIDENTS
Sec. 901. Improved funding flexibility for payments made by the Central
Intelligence Agency for qualifying injuries
to the brain.
Sec. 902. Clarification of requirements to seek certain benefits
relating to injuries to the brain.
Sec. 903. Intelligence community implementation of HAVANA Act of 2021
authorities.
Sec. 904. Report and briefing on Central Intelligence Agency handling
of anomalous health incidents.
TITLE X--ELECTION SECURITY
Sec. 1001. Strengthening Election Cybersecurity to Uphold Respect for
Elections through Independent Testing Act
of 2023.
Sec. 1002. Protecting Ballot Measures from Foreign Influence Act of
2023.
TITLE XI--OTHER MATTERS
Sec. 1101. Modification of reporting requirement for All-domain Anomaly
Resolution Office.
Sec. 1102. Modifications to notification on the provision of defense
sensitive support.
Sec. 1103. Modification of congressional oversight of special access
programs.
Sec. 1104. Funding limitations relating to unidentified anomalous
phenomena.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in such section.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2024
for the conduct of the intelligence and intelligence-related activities
of the Federal Government.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be
appropriated under section 101 for the conduct of the intelligence
activities of the Federal Government are those specified in the
classified Schedule of Authorizations prepared to accompany this Act.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate, the
Committee on Appropriations of the House of Representatives,
and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations referred to in
subsection (a), or of appropriate portions of such Schedule,
within the executive branch of the Federal Government.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the
Implementing Recommendations of the 9/11 Commission Act
of 2007 (50 U.S.C. 3306(a));
(B) to the extent necessary to implement the
budget; or
(C) as otherwise required by law.
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2024 the sum of
$658,950,000.
(b) Classified Authorization of Appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are authorized to be
appropriated for the Intelligence Community Management Account for
fiscal year 2024 such additional amounts as are specified in the
classified Schedule of Authorizations referred to in section 102(a).
SEC. 104. 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.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund $514,000,000 for fiscal year
2024.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
SEC. 301. POST-GRADUATE EMPLOYMENT OF DEPARTMENT OF DEFENSE CYBER AND
DIGITAL SERVICE ACADEMY SCHOLARSHIP RECIPIENTS IN
INTELLIGENCE COMMUNITY.
Section 1535(d) of the James M. Inhofe National Defense
Authorization Act for Fiscal Year 2023 (Public Law 117-263) is amended
by inserting ``or of an element of the intelligence community (as that
term is defined in section 3 of the National Security Act of 1947 (50
U.S.C. 3003))'' after ``missions of the Department''.
SEC. 302. PLAN TO RECRUIT, TRAIN, AND RETAIN PERSONNEL WITH EXPERIENCE
IN FINANCIAL INTELLIGENCE AND EMERGING TECHNOLOGIES.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the heads of human capital of the Central
Intelligence Agency, the National Security Agency, and the Federal
Bureau of Investigation, shall submit to the congressional intelligence
committees a plan for the intelligence community to recruit, train, and
retain personnel who have skills and experience in financial
intelligence and emerging technologies in order to improve analytic
tradecraft.
(b) Elements.--The plan required by subsection (a) shall include
the following elements:
(1) An assessment, including measurable benchmarks of
progress, of current initiatives of the intelligence community
to recruit, train, and retain personnel who have skills and
experience in financial intelligence and emerging technologies.
(2) An assessment of whether personnel in the intelligence
community who have such skills are currently well integrated
into the analytical cadre of the relevant elements of the
intelligence community that produce analyses with respect to
financial intelligence and emerging technologies.
(3) An identification of challenges to hiring or
compensation in the intelligence community that limit progress
toward rapidly increasing the number of personnel with such
skills, and an identification of hiring or other reforms to
resolve such challenges.
(4) A determination of whether the National Intelligence
University has the resources and expertise necessary to train
existing personnel in financial intelligence and emerging
technologies.
(5) A strategy, including measurable benchmarks of
progress, to, by January 1, 2025, increase by 10 percent the
analytical cadre of personnel with expertise and previous
employment in financial intelligence and emerging technologies.
SEC. 303. POLICY AND PERFORMANCE FRAMEWORK FOR MOBILITY OF INTELLIGENCE
COMMUNITY WORKFORCE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
develop and implement a policy and performance framework to ensure the
timely and effective mobility of employees and contractors of the
Federal Government who are transferring employment between elements of
the intelligence community.
(b) Elements.--The policy and performance framework required by
subsection (a) shall include processes with respect to the following:
(1) Human resources.
(2) Medical reviews.
(3) Determinations of suitability or eligibility for access
to classified information in accordance with Executive Order
13467 (50 U.S.C. 3161 note; relating to reforming processes
related to suitability for Government employment, fitness for
contractor employees, and eligibility for access to classified
national security information).
SEC. 304. IN-STATE TUITION RATES FOR ACTIVE DUTY MEMBERS OF THE
INTELLIGENCE COMMUNITY.
(a) In General.--Section 135(d) of the Higher Education Act of 1965
(20 U.S.C. 1015d(d)), as amended by section 6206(a)(4) of the Foreign
Service Families Act of 2021 (Public Law 117-81), is further amended--
(1) in paragraph (1), by striking ``or'' after the
semicolon;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(3) a member 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 is on active duty for a period of more than 30
days.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect at each public institution of higher education in a State
that receives assistance under the Higher Education Act of 1965 (20
U.S.C. 1001 et seq.) for the first period of enrollment at such
institution that begins after July 1, 2026.
SEC. 305. STANDARDS, CRITERIA, AND GUIDANCE FOR COUNTERINTELLIGENCE
VULNERABILITY ASSESSMENTS AND SURVEYS.
Section 904(d)(7)(A) of the Counterintelligence Enhancement Act of
2002 (50 U.S.C. 3383(d)(7)(A)) is amended to read as follows:
``(A) Counterintelligence vulnerability assessments
and surveys.--To develop standards, criteria, and
guidance for counterintelligence risk assessments and
surveys of the vulnerability of the United States to
intelligence threats, including with respect to
critical infrastructure and critical technologies, in
order to identify the areas, programs, and activities
that require protection from such threats.''.
SEC. 306. IMPROVING ADMINISTRATION OF CERTAIN POST-EMPLOYMENT
RESTRICTIONS FOR INTELLIGENCE COMMUNITY.
Section 304 of the National Security Act of 1947 (50 U.S.C. 3073a)
is amended--
(1) in subsection (c)(1)--
(A) by striking ``A former'' and inserting the
following:
``(A) In general.--A former''; and
(B) by adding at the end the following:
``(B) Prior disclosure to director of national
intelligence.--
``(i) In general.--In the case of a former
employee who occupies a covered post-service
position in violation of subsection (a),
whether the former employee voluntarily
notified the Director of National Intelligence
of the intent of the former employee to occupy
such covered post-service position before
occupying such post-service position may be
used in determining whether the violation was
knowing and willful for purposes of
subparagraph (A).
``(ii) Procedures and guidance.--The
Director of National Intelligence may establish
procedures and guidance relating to the
submittal of notice for purposes of clause
(i).''; and
(2) in subsection (d)--
(A) in paragraph (1), by inserting ``the
restrictions under subsection (a) and'' before ``the
report requirements'';
(B) in paragraph (2), by striking ``ceases to
occupy'' and inserting ``occupies''; and
(C) in paragraph (3)(B), by striking ``before the
person ceases to occupy a covered intelligence
position'' and inserting ``when the person occupies a
covered intelligence position''.
SEC. 307. MISSION OF THE NATIONAL COUNTERINTELLIGENCE AND SECURITY
CENTER.
(a) In General.--Section 904 of the Counterintelligence Enhancement
Act of 2002 (50 U.S.C. 3383) is amended--
(1) by redesignating subsections (d) through (i) as
subsections (e) through (j), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Mission.--The mission of the National Counterintelligence and
Security Center shall include organizing and leading strategic planning
for counterintelligence activities of the United States Government by
integrating instruments of national power as needed to counter foreign
intelligence activities.''.
(b) Conforming Amendments.--
(1) Counterintelligence enhancement act of 2002.--Section
904 of the Counterintelligence Enhancement Act of 2002 (50
U.S.C. 3383) is amended--
(A) in subsection (e), as redesignated by
subsection (a)(1), by striking ``Subject to subsection
(e)'' both places it appears and inserting ``Subject to
subsection (f)''; and
(B) in subsection (f), as so redesignated--
(i) in paragraph (1), by striking
``subsection (d)(1)'' and inserting
``subsection (e)(1)''; and
(ii) in paragraph (2), by striking
``subsection (d)(2)'' and inserting
``subsection (e)(2)''.
(2) Counterintelligence and security enhancements act of
1994.--Section 811(d)(1)(B)(ii) of the Counterintelligence and
Security Enhancements Act of 1994 (50 U.S.C. 3381(d)(1)(B)(ii))
is amended by striking ``section 904(d)(2) of that Act (50
U.S.C. 3383(d)(2))'' and inserting ``section 904(e)(2) of that
Act (50 U.S.C. 3383(e)(2))''.
SEC. 308. PROHIBITION RELATING TO TRANSPORT OF INDIVIDUALS DETAINED AT
UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.
(a) Definition of Individual Detained at Guantanamo.--In this
section, the term ``individual detained at Guantanamo'' has the meaning
given that term in section 1034(f)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.
971; 10 U.S.C. 801 note).
(b) Prohibition on Chartering Private or Commercial Aircraft to
Transport Individuals Detained at United States Naval Station,
Guantanamo Bay, Cuba.--No head of an element of the intelligence
community may charter any private or commercial aircraft to transport
an individual who is or was an individual detained at Guantanamo.
SEC. 309. DEPARTMENT OF ENERGY REVIEW OF CERTAIN FOREIGN VISITORS AND
ASSIGNEES TO NATIONAL LABORATORIES.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence of the
Senate;
(B) the Committee on Energy and Natural Resources
of the Senate;
(C) the Permanent Select Committee on Intelligence
of the House of Representatives; and
(D) the Committee on Energy and Commerce of the
House of Representatives.
(2) Director.--The term ``Director'' means the Director of
the Office of Intelligence and Counterintelligence of the
Department of Energy (or a designee).
(3) Foreign national.--The term ``foreign national'' has
the meaning given the term ``alien'' in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)).
(4) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(5) Sensitive country.--The term ``sensitive country''
means a country to which particular consideration is given for
policy reasons during the Department of Energy internal review
and approval process for visits by, and assignments of, foreign
nationals to National Laboratories.
(6) Sensitive country national.--The term ``sensitive
country national'' means a foreign national who was born in, is
a citizen of, or is employed by a government, employer,
institution, or organization of, a sensitive country.
(7) Sensitive country visitor or assignee.--
(A) In general.--The term ``sensitive country
visitor or assignee'' means a visitor or assignee who
is a sensitive country national.
(B) Associated definitions.--For purposes of this
paragraph:
(i) Assignee.--The term ``assignee'' means
an individual who is seeking approval from, or
has been approved by, a National Laboratory to
access the premises, information, or technology
of the National Laboratory for a period of more
than 30 consecutive calendar days.
(ii) Visitor.--The term ``visitor'' mans an
individual who is seeking approval from, or has
been approved by, a National Laboratory to
access the premises, information, or technology
of the National Laboratory for any period other
than a period described in clause (i).
(b) Recommendations With Respect to Sensitive Country Visitors or
Assignees.--
(1) Notification and recommendation requirement.--On
determination that a proposed sensitive country visitor or
assignee poses a counterintelligence risk to a National
Laboratory, the Director shall--
(A) notify the National Laboratory of the
determination; and
(B) provide a recommendation to the National
Laboratory on whether to grant or deny the proposed
sensitive country visitor or assignee access to the
premises, information, or technology of the National
Laboratory.
(2) Prohibition.--A National Laboratory may not allow a
sensitive country visitor or assignee that the Director has
identified as a counterintelligence risk under paragraph (1) to
have any access to the premises, information, or technology of
the National Laboratory until the Director has submitted the
notification and recommendation to the National Laboratory as
described in paragraph (1).
(3) Application to other national laboratories.--If the
Director makes a recommendation under paragraph (1) that a
sensitive country visitor or assignee should not be granted
access to the premises, information, or technology of a
National Laboratory--
(A) the Director shall notify each National
Laboratory of that recommendation; and
(B) that recommendation shall apply to each
National Laboratory with respect to that sensitive
country visitor or assignee.
(c) Notification to Director.--
(1) In general.--After receiving a recommendation to deny
access under subsection (b)(1)(B), a National Laboratory shall
submit to the Director a notification of the decision of the
National Laboratory to grant or deny access to the premises,
information, or technology of the National Laboratory to the
sensitive country visitor or assignee that is the subject of
the recommendation.
(2) Timing.--If a National Laboratory decides to grant
access to a sensitive country visitor or assignee despite a
recommendation to deny access, the notification under paragraph
(1) shall be submitted to the Director before the sensitive
country visitor or assignee is granted access to the premises,
information, or technology of the National Laboratory.
(d) Reports to Congress.--
(1) In general.--The Director shall submit to the
appropriate committees of Congress an unclassified quarterly
report listing each instance in which a National Laboratory
indicates in a notification submitted under subsection (c)(1)
that the National Laboratory has decided to grant a sensitive
country visitor or assignee access to the premises,
information, or technology of the National Laboratory.
(2) Requirement.--Each quarterly report under paragraph (1)
shall include the recommendation of the Director under
subsection (b)(1)(B) with respect to the applicable sensitive
country visitor or assignee.
SEC. 310. CONGRESSIONAL OVERSIGHT OF INTELLIGENCE COMMUNITY RISK
ASSESSMENTS.
(a) Risk Assessment Documents and Materials.--Except as provided in
subsection (b), whenever an element of the intelligence community
conducts a risk assessment arising from the mishandling or improper
disclosure of classified information, the Director of National
Intelligence shall, not later than 30 days after the date of the
commencement of such risk assessment--
(1) submit to the congressional intelligence committees
copies of such documents and materials as are--
(A) within the jurisdiction of such committees; and
(B) subject to the risk assessment; and
(2) provide such committees a briefing on such documents,
materials, and risk assessment.
(b) Exception.--If the Director determines, with respect to a risk
assessment described in subsection (a), that the documents and other
materials otherwise subject to paragraph (1) of such subsection (a) are
of such a volume that submittal pursuant to such paragraph would be
impracticable, the Director shall--
(1) in lieu of submitting copies of such documents and
materials, submit a log of such documents and materials; and
(2) pursuant to a request by the Select Committee on
Intelligence of the Senate or the Permanent Select Committee on
Intelligence of the House of Representatives for a copy of a
document or material included in such log, submit to such
committee such copy.
SEC. 311. INSPECTOR GENERAL REVIEW OF DISSEMINATION BY FEDERAL BUREAU
OF INVESTIGATION RICHMOND, VIRGINIA, FIELD OFFICE OF
CERTAIN DOCUMENT.
(a) Review Required.--Not later than 120 days after the date of the
enactment of this Act, the Inspector General of the Department of
Justice shall conduct a review of the actions and events, including any
underlying policy direction, that served as a basis for the January 23,
2023, dissemination by the field office of the Federal Bureau of
Investigation located in Richmond, Virginia, of a document titled
``Interest of Racially or Ethnically Motivated Violent Extremists in
Radical-Traditionalist Catholic Ideology Almost Certainly Presents New
Mitigation Opportunities.''.
(b) Submittal to Congress.--The Inspector General of the Department
of Justice shall submit to the congressional intelligence committees
the findings of the Inspector General with respect to the review
required by subsection (a).
SEC. 312. OFFICE OF INTELLIGENCE AND ANALYSIS.
Section 201 of the Homeland Security Act of 2002 (6 U.S.C. 121) is
amended by adding at the end the following:
``(h) Prohibition.--
``(1) Definition.--In this subsection, the term `United
States person' means a United States citizen, an alien known by
the Office of Intelligence and Analysis to be a permanent
resident alien, an unincorporated association substantially
composed of United States citizens or permanent resident
aliens, or a corporation incorporated in the United States,
except for a corporation directed and controlled by 1 or more
foreign governments.
``(2) Collection of information from united states
persons.--
``(A) In general.--Notwithstanding any other
provision of law, the Office of Intelligence and
Analysis may not engage in the collection of
information or intelligence targeting any United States
person except as provided in subparagraph (B).
``(B) Exception.--Subparagraph (A) shall not apply
to any employee, officer, or contractor of the Office
of Intelligence and Analysis who is responsible for
collecting information from individuals working for a
State, local, or Tribal territory government or a
private employer.''.
Subtitle B--Central Intelligence Agency
SEC. 321. PROTECTION OF CENTRAL INTELLIGENCE AGENCY FACILITIES AND
ASSETS FROM UNMANNED AIRCRAFT.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et
seq.) is amended by inserting after section 15 the following new
section:
``SEC. 15A. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM UNMANNED
AIRCRAFT.
``(a) Definitions.--In this section:
``(1) Budget.--The term `budget', with respect to a fiscal
year, means the budget for that fiscal year that is submitted
to Congress by the President under section 1105(a) of title 31,
United States Code.
``(2) Congressional intelligence committees.--The term
`congressional intelligence committees' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
``(3) Congressional judiciary committees.--The term
`congressional judiciary committees' means--
``(A) the Committee on the Judiciary of the Senate;
and
``(B) the Committee on the Judiciary of the House
of Representatives.
``(4) Congressional transportation and infrastructure
committees.--The term `congressional transportation and
infrastructure committees' means--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(B) the Committee on Transportation and
Infrastructure of the House of Representatives.
``(5) Covered facility or asset.--The term `covered
facility or asset' means the headquarters compound of the
Agency and the property controlled and occupied by the Federal
Highway Administration located immediately adjacent to such
compound (subject to a risk-based assessment as defined for
purposes of this section), or any other installation and
protected property of the Agency where the facility or asset--
``(A) is identified as high risk and a potential
target for unlawful unmanned aircraft activity by the
Director, in coordination with the Secretary of
Transportation, with respect to potentially affected
airspace, through a risk-based assessment for purposes
of this section;
``(B) is located in the United States; and
``(C) directly relates to one or more functions
authorized to be performed by the Agency, pursuant to
the National Security Act of 1947 (50 U.S.C. 3001 et
seq.) or this Act.
``(6) Electronic communication.--The term `electronic
communication' has the meaning given such term in section 2510
of title 18, United States Code.
``(7) Intercept.--The term `intercept' has the meaning
given such term in section 2510 of title 18, United States
Code.
``(8) Radio communication.--The term `radio communication'
has the meaning given that term in section 3 of the
Communications Act of 1934 (47 U.S.C. 153).
``(9) Risk-based assessment.--The term `risk-based
assessment' includes an evaluation of threat information
specific to a covered facility or asset and, with respect to
potential effects on the safety and efficiency of the national
airspace system and the needs of national security at each
covered facility or asset identified by the Director, an
evaluation of each of the following factors:
``(A) Potential effects on safety, efficiency, and
use of the national airspace system, including
potential effects on manned aircraft and unmanned
aircraft systems, aviation safety, airport operations,
infrastructure, and air navigation services relating to
the use of any system or technology for carrying out
the actions described in subsection (c)(1).
``(B) Options for mitigating any identified effects
on the national airspace system relating to the use of
any system or technology, including minimizing when
possible the use of any system or technology that
disrupts the transmission of radio or electronic
signals, for carrying out the actions described in
subsection (c)(1).
``(C) Potential consequences of any actions taken
under subsection (c)(1) to the national airspace system
and infrastructure, if not mitigated.
``(D) The ability to provide reasonable advance
notice to aircraft operators consistent with the safety
of the national airspace system and the needs of
national security.
``(E) The setting and character of any covered
facility or asset, including whether it is located in a
populated area or near other structures, and any
potential for interference with wireless communications
or for injury or damage to persons or property.
``(F) Potential consequences to national security
if threats posed by unmanned aircraft systems or
unmanned aircraft are not mitigated or defeated.
``(10) Oral communication.--The term `oral communication'
has the meaning given such term in section 2510 of title 18,
United States Code.
``(11) United states.--The term `United States' has the
meaning given such term in section 5 of title 18, United States
Code.
``(12) Unmanned aircraft and unmanned aircraft system.--The
terms `unmanned aircraft' and `unmanned aircraft system' have
the meanings given such terms in section 44801 of title 49,
United States Code.
``(13) Wire communication.--The term `wire communication'
has the meaning given such term in section 2510 of title 18,
United States Code.
``(b) Authority.--Notwithstanding section 46502 of title 49, United
States Code, section 32, 1030, or 1367 of title 18, United States Code,
or chapter 119 or 206 of such title, the Director may take, and may
authorize personnel of the Agency with assigned duties that include the
security or protection of people, facilities, or assets within the
United States, to take--
``(1) such actions described in subsection (c)(1) that are
necessary to detect, identify, monitor, track, or mitigate a
credible threat (as defined by the Director, in consultation
with the Secretary of Transportation) that an unmanned aircraft
system or unmanned aircraft poses to the safety or security of
a covered facility or asset; and
``(2) such actions described in subsection (c)(2).
``(c) Actions.--
``(1) Actions described.--The actions described in this
paragraph are the following:
``(A) During the operation of the unmanned aircraft
system, detect, identify, monitor, and track the
unmanned aircraft system or unmanned aircraft, without
prior consent, including by means of intercept or other
access of a wire communication, an oral communication,
or an electronic communication used to control the
unmanned aircraft system or unmanned aircraft.
``(B) Warn the operator of the unmanned aircraft
system or unmanned aircraft, including by doing so
passively or actively, and by direct or indirect
physical, electronic, radio, and electromagnetic means.
``(C) Disrupt control of the unmanned aircraft
system or unmanned aircraft, without prior consent,
including by disabling the unmanned aircraft system or
unmanned aircraft by intercepting, interfering with, or
causing interference with wire, oral, electronic, or
radio communications used to control the unmanned
aircraft system or unmanned aircraft.
``(D) Seize or exercise control of the unmanned
aircraft system or unmanned aircraft.
``(E) Seize or otherwise confiscate the unmanned
aircraft system or unmanned aircraft.
``(F) Use reasonable force, if necessary, to seize
or otherwise disable, damage, or destroy the unmanned
aircraft system or unmanned aircraft.
``(2) Research, testing, training, and evaluation.--The
Director shall conduct research, testing, and training on, and
evaluation of, any equipment, including any electronic
equipment, to determine the capability and utility of the
equipment prior to the use of the equipment for any action
described in paragraph (1). Personnel and contractors who do
not have duties that include the safety, security, or
protection of people, facilities, or assets may engage in
research, testing, training, and evaluation activities pursuant
to this section.
``(3) Coordination.--
``(A) Secretary of transportation.--The Director
shall develop the actions described in paragraph (1) in
coordination with the Secretary of Transportation.
``(B) Administrator of federal aviation
administration.--The Director shall coordinate with the
Administrator of the Federal Aviation Administration on
any action described in paragraphs (1) and (3) so the
Administrator may ensure that unmanned aircraft system
detection and mitigation systems do not adversely
affect or interfere with safe airport operations,
navigation, air traffic services, or the safe and
efficient operation of the national airspace system.
``(d) Forfeiture.--Any unmanned aircraft system or unmanned
aircraft described in subsection (b) that is seized by the Director is
subject to forfeiture to the United States.
``(e) Regulations and Guidance.--
``(1) Issuance.--The Director and the Secretary of
Transportation may each prescribe regulations, and shall each
issue guidance, to carry out this section.
``(2) Coordination.--
``(A) Requirement.--The Director shall coordinate
the development of guidance under paragraph (1) with
the Secretary of Transportation.
``(B) Aviation safety.--The Director shall
coordinate with the Secretary of Transportation and the
Administrator of the Federal Aviation Administration
before issuing any guidance, or otherwise implementing
this section, so the Administrator may ensure that
unmanned aircraft system detection and mitigation
systems do not adversely affect or interfere with safe
airport operations, navigation, air traffic services,
or the safe and efficient operation of the national
airspace system.
``(f) Privacy Protection.--The regulations prescribed or guidance
issued under subsection (e) shall ensure that--
``(1) the interception or acquisition of, access to, or
maintenance or use of, communications to or from an unmanned
aircraft system or unmanned aircraft under this section is
conducted in a manner consistent with the First and Fourth
Amendments to the Constitution of the United States and
applicable provisions of Federal law;
``(2) communications to or from an unmanned aircraft system
or unmanned aircraft are intercepted or acquired only to the
extent necessary to support an action described in subsection
(c);
``(3) records of such communications are maintained only
for as long as necessary, and in no event for more than 180
days, unless the Director determines that maintenance of such
records for a longer period is required under Federal law or
necessary for the investigation or prosecution of a violation
of law, to fulfill a duty, responsibility, or function of the
Agency, or for the purpose of any litigation;
``(4) such communications are not disclosed outside the
Agency unless the disclosure--
``(A) is necessary to investigate or prosecute a
violation of law;
``(B) would support the Agency, the Department of
Defense, a Federal law enforcement, intelligence, or
security agency, or a State, local, tribal, or
territorial law enforcement agency, or other relevant
person or entity if such entity or person is engaged in
a security or protection operation;
``(C) is necessary to support a department or
agency listed in subparagraph (B) in investigating or
prosecuting a violation of law;
``(D) would support the enforcement activities of a
regulatory agency of the Federal Government in
connection with a criminal or civil investigation of,
or any regulatory, statutory, or other enforcement
action relating to, an action described in subsection
(c) that is necessary to fulfill a duty,
responsibility, or function of the Agency;
``(E) is necessary to protect against dangerous or
unauthorized activity by unmanned aircraft systems or
unmanned aircraft;
``(F) is necessary to fulfill a duty,
responsibility, or function of the Agency; or
``(G) is otherwise required by law.
``(g) Budget.--
``(1) In general.--The Director shall submit to the
congressional intelligence committees, as a part of the budget
requests of the Agency for each fiscal year after fiscal year
2024, a consolidated funding display that identifies the
funding source for the actions described in subsection (c)(1)
within the Agency.
``(2) Form.--The funding display shall be in unclassified
form, but may contain a classified annex.
``(h) Semiannual Briefings and Notifications.--
``(1) Briefings.--Not later than 180 days after the date of
the enactment of this section, and semiannually thereafter, the
Director shall provide the congressional intelligence
committees, the congressional judiciary committees, and the
congressional transportation and infrastructure committees a
briefing on the activities carried out pursuant to this section
during the period covered by the briefing.
``(2) Requirement.--Each briefing under paragraph (1) shall
be conducted jointly with the Secretary of Transportation.
``(3) Contents.--Each briefing under paragraph (1) shall
include the following:
``(A) Policies, programs, and procedures to
mitigate or eliminate effects of such activities on the
national airspace system and other critical national
transportation infrastructure.
``(B) A description of instances in which actions
described in subsection (c)(1) have been taken,
including all such instances that may have resulted in
harm, damage, or loss to a person or to private
property.
``(C) A description of the guidance, policies, or
procedures established to address privacy, civil
rights, and civil liberties issues implicated by the
actions allowed under this section, as well as any
changes or subsequent efforts that would significantly
affect privacy, civil rights, or civil liberties.
``(D) A description of options considered and steps
taken to mitigate any identified effects on the
national airspace system relating to the use of any
system or technology, including the minimization of the
use of any technology that disrupts the transmission of
radio or electronic signals, for carrying out the
actions described in subsection (c)(1).
``(E) A description of instances in which
communications intercepted or acquired during the
course of operations of an unmanned aircraft system or
unmanned aircraft were maintained for more than 180
days or disclosed outside the Agency.
``(F) How the Director and the Secretary of
Transportation have informed the public as to the
possible use of authorities under this section.
``(G) How the Director and the Secretary of
Transportation have engaged with Federal, State, local,
territorial, or tribal law enforcement agencies to
implement and use such authorities.
``(H) An assessment of whether any gaps or
insufficiencies remain in laws, regulations, and
policies that impede the ability of the Agency to
counter the threat posed by the malicious use of
unmanned aircraft systems or unmanned aircraft, and any
recommendations to remedy such gaps or insufficiencies.
``(4) Form.--Each briefing under paragraph (1) shall be in
unclassified form, but may be accompanied by an additional
classified report.
``(5) Notifications.--
``(A) Covered facilities and assets.--Not later
than 30 days before exercising any authority under this
section at a covered facility or asset for the first
time doing so at such covered facility or asset, the
Director shall submit to the congressional intelligence
committees--
``(i) notice that the Director intends to
exercise authority under this section at such
covered facility or asset; and
``(ii) a list of every covered facility and
asset.
``(B) Deployment of new technologies.--
``(i) In general.--Not later than 30 days
after deploying any new technology to carry out
the actions described in subsection (c)(1), the
Director shall submit to the congressional
intelligence committees a notification of the
use of such technology.
``(ii) Contents.--Each notice submitted
pursuant to clause (i) shall include a
description of options considered to mitigate
any identified effects on the national airspace
system relating to the use of any system or
technology, including the minimization of the
use of any technology that disrupts the
transmission of radio or electronic signals,
for carrying out the actions described in
subsection (c)(1).
``(i) Rule of Construction.--Nothing in this section may be
construed--
``(1) to vest in the Director any authority of the
Secretary of Transportation or the Administrator of the Federal
Aviation Administration; or
``(2) to vest in the Secretary of Transportation or the
Administrator of the Federal Aviation Administration any
authority of the Director.
``(j) Scope of Authority.--Nothing in this section shall be
construed to provide the Director or the Secretary of Transportation
with additional authorities beyond those described in subsections (b)
and (d).
``(k) Termination.--
``(1) In general.--The authority to carry out this section
with respect to the actions specified in subparagraphs (B)
through (F) of subsection (c)(1) shall terminate on the date
that is 10 years after the date of enactment of the
Intelligence Authorization Act for Fiscal Year 2024.
``(2) Extension.--The President may extend by 1 year the
termination date specified in paragraph (1) if, before
termination, the President certifies to Congress that such
extension is in the national security interests of the United
States.''.
SEC. 322. CHANGE TO PENALTIES AND INCREASED AVAILABILITY OF MENTAL
HEALTH TREATMENT FOR UNLAWFUL CONDUCT ON CENTRAL
INTELLIGENCE AGENCY INSTALLATIONS.
Section 15(b) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3515(b)) is amended, in the second sentence, by striking ``those
specified in section 1315(c)(2) of title 40, United States Code'' and
inserting ``the maximum penalty authorized for a Class B misdemeanor
under section 3559 of title 18, United States Code''.
SEC. 323. MODIFICATIONS TO PROCUREMENT AUTHORITIES OF THE CENTRAL
INTELLIGENCE AGENCY.
Section 3 of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3503) is amended--
(1) in subsection (a), by striking ``sections'' and all
that follows through ``session)'' and inserting ``sections
3201, 3203, 3204, 3206, 3207, 3302 through 3306, 3321 through
3323, 3801 through 3808, 3069, 3134, 3841, and 4752 of title
10, United States Code'' and
(2) in subsection (d), by striking ``in paragraphs'' and
all that follows through ``1947'' and inserting ``in sections
3201 through 3204 of title 10, United States Code, shall not be
delegable. Each determination or decision required by sections
3201 through 3204, 3321 through 3323, and 3841 of title 10,
United States Code''.
SEC. 324. ESTABLISHMENT OF CENTRAL INTELLIGENCE AGENCY STANDARD
WORKPLACE SEXUAL MISCONDUCT COMPLAINT INVESTIGATION
PROCEDURE.
(a) Workplace Sexual Misconduct Defined.--The term ``workplace
sexual misconduct''--
(1) means unwelcome sexual advances, requests for sexual
favors, and other verbal or physical conduct of a sexual nature
when--
(A) submission to such conduct is made either
explicitly or implicitly a term or condition of an
individual's employment;
(B) submission to or rejection of such conduct by
an individual is used as the basis for employment
decisions affecting such individual; or
(C) such conduct has the purpose or effect of
unreasonably interfering with an individual's work
performance or creating an intimidating, hostile, or
offensive working environment; and
(2) includes sexual harassment and sexual assault.
(b) Standard Complaint Investigation Procedure.--Not later than 90
days after the date of the enactment of this Act, the Director of the
Central Intelligence Agency shall--
(1) establish a standard workplace sexual misconduct
complaint investigation procedure;
(2) implement the standard workplace sexual misconduct
complaint investigation procedure through clear workforce
communication and education on the procedure; and
(3) submit the standard workplace sexual misconduct
complaint investigation procedure to the congressional
intelligence committees.
(c) Minimum Requirements.--The procedure established pursuant to
subsection (b)(1) shall, at a minimum--
(1) identify the individuals and offices of the Central
Intelligence Agency to which an employee of the Agency may
bring a complaint of workplace sexual misconduct;
(2) detail the steps each individual or office identified
pursuant to paragraph (1) shall take upon receipt of a
complaint of workplace sexual misconduct and the timeframes
within which those steps shall be taken, including--
(A) documentation of the complaint;
(B) referral or notification to another individual
or office;
(C) measures to document or preserve witness
statements or other evidence; and
(D) preliminary investigation of the complaint;
(3) set forth standard criteria for determining whether a
complaint of workplace sexual misconduct will be referred to
law enforcement and the timeframe within which such a referral
shall occur; and
(4) for any complaint not referred to law enforcement, set
forth standard criteria for determining--
(A) whether a complaint has been substantiated; and
(B) for any substantiated complaint, the
appropriate disciplinary action.
(d) Annual Reports.--On or before April 30 of each year, the
Director shall submit to the congressional intelligence committees an
annual report that includes, for the preceding calendar year, the
following:
(1) The number of workplace sexual misconduct complaints
brought to each individual or office of the Central
Intelligence Agency identified pursuant to subsection (c)(1),
disaggregated by--
(A) complaints referred to law enforcement; and
(B) complaints substantiated.
(2) For each complaint described in paragraph (1) that is
substantiated, a description of the disciplinary action taken
by the Director.
SEC. 325. PAY CAP FOR DIVERSITY, EQUITY, AND INCLUSION STAFF AND
CONTRACT EMPLOYEES OF THE CENTRAL INTELLIGENCE AGENCY.
(a) In General.--Notwithstanding any other provision of law--
(1) the annual rate of basic pay for a staff employee of
the Central Intelligence Agency with the duties described in
subsection (b) shall not exceed the annual rate of basic pay
for an officer of the Directorate of Operations in the
Clandestine Service Trainee program of the Agency; and
(2) the Director of the Central Intelligence Agency shall
ensure that no contract employee performing duties described in
subsection (b) under an Agency contract receives an annual
amount for performing such duties that exceeds the annual rate
of basic pay described in paragraph (1).
(b) Duties Described.--The duties described in this subsection are
as follows:
(1) Developing, refining, and implementing diversity,
equity, and inclusion policy.
(2) Leading working groups and councils to develop
diversity, equity, and inclusion goals and objectives to
measure performance and outcomes.
(3) Creating and implementing diversity, equity, and
inclusion education, training courses, and workshops for staff
and contract employees.
(c) Applicability to Current Employees.--
(1) Staff employees.--Any staff employee of the Central
Intelligence Agency in a position with duties described in
subsection (b) receiving an annual rate of basic pay as of the
date of the enactment of this Act that exceeds the rate allowed
under subsection (a) shall be reassigned to another position
not later than 180 days after such date.
(2) Contract employees.--Any contract employee of the
Central Intelligence Agency performing duties described in
subsection (b) receiving an annual amount under an Agency
contract for performing such duties as of the date of the
enactment of this Act that exceeds the rate allowed under
subsection (b) shall be reassigned to another position not
later than 180 days after such date.
TITLE IV--MATTERS CONCERNING FOREIGN COUNTRIES
Subtitle A--People's Republic of China
SEC. 401. INTELLIGENCE COMMUNITY COORDINATOR FOR ACCOUNTABILITY OF
ATROCITIES OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Relations and the
Subcommittee on Defense of the Committee on
Appropriations of the Senate; and
(C) the Committee on Foreign Affairs and the
Subcommittee on Defense of the Committee on
Appropriations of the House of Representatives.
(2) Atrocity.--The term ``atrocity''--
(A) means a crime against humanity, genocide, or a
war crime; and
(B) when used with respect to the People's Republic
of China, means an atrocity that is committed by an
individual who is--
(i) a member of People's Liberation Army,
or the security or other defense services,
including the Ministry of State Security, the
Ministry of Public Security, and the United
Front Work Department, of the People's Republic
of China;
(ii) an employee of any other element of
the Government of the People's Republic of
China, including the regional governments of
Xinjiang, Tibet, and Hong Kong;
(iii) a member of the Chinese Communist
Party; or
(iv) an agent or contractor of an
individual specified in subparagraph (A), (B),
or (C).
(3) Commit.--The term ``commit'', with respect to an
atrocity, includes the planning, committing, aiding, and
abetting of such atrocity.
(4) Foreign person.--The term ``foreign person'' means--
(A) any person or entity that is not a United
States person; or
(B) any entity not organized under the laws of the
United States or of any jurisdiction within the United
States.
(5) United states person.--The term ``United States
person'' has the meaning given that term in section 105A(c) of
the National Security Act of 1947 (50 U.S.C. 3039).
(b) Intelligence Community Coordinator for Accountability of
Atrocities of the People's Republic of China.--
(1) Designation.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall designate a senior official of the Office of
the Director of National Intelligence to serve as the
intelligence community coordinator for accountability of
atrocities of the People's Republic of China (in this section
referred to as the ``Coordinator'').
(2) Duties.--The Coordinator shall lead the efforts of and
coordinate and collaborate with the intelligence community with
respect to the following:
(A) Identifying and addressing any gaps in
intelligence collection relating to atrocities of the
People's Republic of China, including by recommending
the modification of the priorities of the intelligence
community with respect to intelligence collection and
by utilizing informal processes and collaborative
mechanisms with key elements of the intelligence
community to increase collection on atrocities of the
People's Republic of China.
(B) Prioritizing and expanding the intelligence
analysis with respect to ongoing atrocities of the
People's Republic of China and disseminating within the
United States Government intelligence relating to the
identification and activities of foreign persons
suspected of being involved with or providing support
to atrocities of the People's Republic of China,
including genocide and forced labor practices in
Xinjiang, in order to support the efforts of other
Federal agencies, including the Department of State,
the Department of the Treasury, the Office of Foreign
Assets Control, the Department of Commerce, the Bureau
of Industry and Security, U.S. Customs and Border
Protection, and the National Security Council, to hold
the People's Republic of China accountable for such
atrocities.
(C) Increasing efforts to declassify and share with
the people of the United States and the international
community information regarding atrocities of the
People's Republic of China in order to expose such
atrocities and counter the disinformation and
misinformation campaign by the People's Republic of
China to deny such atrocities.
(D) Documenting and storing intelligence and other
unclassified information that may be relevant to
preserve as evidence of atrocities of the People's
Republic of China for future accountability, and
ensuring that other relevant Federal agencies,
including the Atrocities Early Warning Task Force,
receive appropriate support from the intelligence
community with respect to the collection, analysis,
preservation, and, as appropriate, dissemination, of
intelligence related to atrocities of the People's
Republic of China, which may include the information
from the annual report required by section 6504 of the
Intelligence Authorization Act for Fiscal Year 2023
(Public Law 117-263).
(E) Sharing information with the Forced Labor
Enforcement Task Force, established under section 741
of the United States-Mexico-Canada Agreement
Implementation Act (19 U.S.C. 4681), the Department of
Commerce, and the Department of the Treasury for the
purposes of entity listings and sanctions.
(3) Plan required.--Not later than 120 days after the date
of the enactment of this Act, the Director shall submit to the
appropriate committees of Congress--
(A) the name of the official designated as the
Coordinator pursuant to paragraph (1); and
(B) the strategy of the intelligence community for
the collection and dissemination of intelligence
relating to ongoing atrocities of the People's Republic
of China, including a detailed description of how the
Coordinator shall support, and assist in facilitating
the implementation of, such strategy.
(4) Annual report to congress.--
(A) Reports required.--Not later than May 1, 2024,
and annually thereafter until May 1, 2034, the Director
shall submit to the appropriate committees of Congress
a report detailing, for the year covered by the
report--
(i) the analytical findings, changes in
collection, and other activities of the
intelligence community with respect to ongoing
atrocities of the People's Republic of China;
(ii) the recipients of information shared
pursuant to this section for the purpose of--
(I) providing support to Federal
agencies to hold the People's Republic
of China accountable for such
atrocities; and
(II) sharing information with the
people of the United States to counter
the disinformation and misinformation
campaign by the People's Republic of
China to deny such atrocities; and
(iii) with respect to clause (ii), the date
of any such sharing.
(B) Form.--Each report submitted under subparagraph
(A) may be submitted in classified form, consistent
with the protection of intelligence sources and
methods.
(c) Sunset.--This section shall cease to have effect on the date
that is 10 years after the date of the enactment of this Act.
SEC. 402. INTERAGENCY WORKING GROUP AND REPORT ON THE MALIGN EFFORTS OF
THE PEOPLE'S REPUBLIC OF CHINA IN AFRICA.
(a) Establishment.--
(1) In general.--The Director of National Intelligence, in
consultation with such heads of elements of the intelligence
community as the Director considers appropriate, shall
establish an interagency working group within the intelligence
community to analyze the tactics and capabilities of the
People's Republic of China in Africa.
(2) Establishment flexibility.--The working group
established under paragraph (1) may be--
(A) independently established; or
(B) to avoid redundancy, incorporated into existing
working groups or cross-intelligence efforts within the
intelligence community.
(b) Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, and twice annually thereafter, the
working group established under subsection (a) shall submit to
the congressional intelligence committees a report on the
specific tactics and capabilities of the People's Republic of
China in Africa.
(2) Elements.--Each report required by paragraph (1) shall
include the following elements:
(A) An assessment of efforts by the Government of
the People's Republic of China to exploit mining and
reprocessing operations in Africa.
(B) An assessment of efforts by the Government of
the People's Republic of China to provide or fund
technologies in Africa, including--
(i) telecommunications and energy
technologies, such as advanced reactors,
transportation, and other commercial products;
and
(ii) by requiring that the People's
Republic of China be the sole provider of such
technologies.
(C) An assessment of efforts by the Government of
the People's Republic of China to expand intelligence
capabilities in Africa.
(D) A description of actions taken by the
intelligence community to counter such efforts.
(E) An assessment of additional resources needed by
the intelligence community to better counter such
efforts.
(3) Form.--Each report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex if necessary.
(c) Sunset.--The requirements of this section shall terminate on
the date that is 5 years after the date of the enactment of this Act.
SEC. 403. AMENDMENT TO REQUIREMENT FOR ANNUAL ASSESSMENT BY
INTELLIGENCE COMMUNITY WORKING GROUP FOR MONITORING THE
ECONOMIC AND TECHNOLOGICAL CAPABILITIES OF THE PEOPLE'S
REPUBLIC OF CHINA.
Section 6503(c)(3)(D) of the Intelligence Authorization Act for
Fiscal Year 2023 (division F of Public Law 117-263) is amended by
striking ``the top 200'' and inserting ``all the known''.
SEC. 404. ASSESSMENTS OF RECIPROCITY IN THE RELATIONSHIP BETWEEN THE
UNITED STATES AND THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Assistant Secretary of State for
Intelligence and Research, in consultation with the Director of
National Intelligence and such other heads of elements of the
intelligence community as the Assistant Secretary considers relevant,
shall submit to the congressional intelligence committees the
following:
(1) A comprehensive assessment that identifies critical
areas in the security, diplomatic, economic, financial,
technological, scientific, commercial, academic, and cultural
spheres in which the United States does not enjoy a reciprocal
relationship with the People's Republic of China.
(2) A comprehensive assessment that describes how the lack
of reciprocity between the People's Republic of China and the
United States in the areas identified in the assessment
required by paragraph (1) provides advantages to the People's
Republic of China.
(b) Form of Assessments.--
(1) Critical areas.--The assessment required by subsection
(a)(1) shall be submitted in unclassified form.
(2) Advantages.--The assessment required by subsection
(a)(2) shall be submitted in classified form.
SEC. 405. ANNUAL BRIEFING ON INTELLIGENCE COMMUNITY EFFORTS TO IDENTIFY
AND MITIGATE CHINESE COMMUNIST PARTY POLITICAL INFLUENCE
OPERATIONS AND INFORMATION WARFARE AGAINST THE UNITED
STATES.
(a) Definitions.--In this section:
(1) Chinese entities engaged in political influence
operations and information warfare.--The term ``Chinese
entities engaged in political influence operations and
information warfare'' means all of the elements of the
Government of the People's Republic of China and the Chinese
Communist Party involved in information warfare operations,
such as--
(A) the Ministry of State Security;
(B) the intelligence services of the People's
Republic of China;
(C) the United Front Work Department and other
united front organs;
(D) state-controlled media systems, such as the
China Global Television Network (CGTN); and
(E) any entity involved in information warfare
operations by demonstrably and intentionally
disseminating false information and propaganda of the
Government of the People's Republic of China or the
Chinese Communist Party.
(2) Political influence operation.--The term ``political
influence operation'' means a coordinated and often concealed
application of disinformation, press manipulation, economic
coercion, targeted investments, corruption, or academic
censorship, which are often intended--
(A) to coerce and corrupt United States interests,
values, institutions, or individuals; and
(B) to foster attitudes, behavior, decisions, or
outcomes in the United States that support the
interests of the Government of the People's Republic of
China or the Chinese Communist Party.
(b) Briefing Required.--Not later than 120 days after the date of
the enactment of this Act and annually thereafter until the date that
is 5 years after the date of the enactment of this Act, the Director of
the Foreign Malign Influence Center shall, in collaboration with the
heads of the elements of the intelligence community, provide the
congressional intelligence committees a classified briefing on the ways
in which the relevant elements of the intelligence community are
working internally and coordinating across the intelligence community
to identify and mitigate the actions of Chinese entities engaged in
political influence operations and information warfare against the
United States, including against United States persons.
(c) Elements.--The classified briefing required by subsection (b)
shall cover the following:
(1) The Government of the People's Republic of China and
the Chinese Communist Party tactics, tools, and entities that
spread disinformation, misinformation, and malign information
and conduct influence operations, information campaigns, or
other propaganda efforts.
(2) The actions of the Foreign Malign Influence Center
relating to early-warning, information sharing, and proactive
risk mitigation systems, based on the list of entities
identified in subsection (a)(1), to detect, expose, deter, and
counter political influence operations of, and information
warfare waged by, the Government of the People's Republic of
China or the Chinese Communist Party, against the United
States.
(3) The actions of the Foreign Malign Influence Center to
conduct outreach to identify and counter tactics, tools, and
entities described in paragraph (1) by sharing information with
allies and partners of the United States, State and local
governments, the business community, and civil society that
exposes the political influence operations and information
operations of the Government of the People's Republic of China
or the Chinese Communist Party carried out against individuals
and entities in the United States.
SEC. 406. ASSESSMENT OF THREAT POSED TO UNITED STATES PORTS BY CRANES
MANUFACTURED BY COUNTRIES OF CONCERN.
(a) Definition of Country of Concern.--In this section, the term
``country of concern'' has the meaning given that term in section
1(m)(1) of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a(m)(1)).
(b) Assessment.--The Director of National Intelligence, in
coordination with such other heads of the elements of the intelligence
community as the Director considers appropriate and the Secretary of
Defense, shall conduct an assessment of the threat posed to United
States ports by cranes manufactured by countries of concern and
commercial entities of those countries, including the Shanghai Zhenhua
Heavy Industries Co. (ZPMC).
(c) Report and Briefing.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit a report and provide a briefing to
Congress on the findings of the assessment required by
subsection (b).
(2) Elements.--The report and briefing required by
paragraph (1) shall outline the potential for the cranes
described in subsection (b) to collect intelligence, disrupt
operations at United States ports, and impact the national
security of the United States.
(3) Form of report.--The report required by paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
Subtitle B--Russian Federation
SEC. 411. ASSESSMENT OF LESSONS LEARNED BY INTELLIGENCE COMMUNITY WITH
RESPECT TO CONFLICT IN UKRAINE.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act and semiannually thereafter for 3 years, the
Director of National Intelligence shall produce and submit to the
congressional intelligence committees an assessment of the lessons
learned by the intelligence community with respect to the ongoing war
in Ukraine, particularly in regards to the quality and timeliness of
the information and intelligence support provided by the United States
to Ukraine.
(b) Form.--The assessment submitted pursuant to subsection (a)
shall be submitted in unclassified form, but may include a classified
annex.
SEC. 412. NATIONAL INTELLIGENCE ESTIMATE ON LONG-TERM CONFRONTATION
WITH RUSSIA.
(a) National Intelligence Estimate Required.--Not later than 180
days after the date of the enactment of this Act, the Director of
National Intelligence shall produce and submit to the congressional
intelligence committees a national intelligence estimate on the
implications of the ongoing war in Ukraine with respect to a long-term
United States and North Atlantic Treaty Organization confrontation with
Russia, including the continued threat to the United States, the North
Atlantic Treaty Organization, and other allies of the United States
from the conventional and strategic military forces, the intelligence
activities, and the malign influence campaigns of Russia.
(b) Elements.--The national intelligence estimate produced pursuant
to subsection (a) shall include the following:
(1) An assessment of the efficacy of the sanctions regime
in effect on the day before the date of the enactment of this
Act that is imposed upon Russia as a result of its illegal and
unjustified invasion of Ukraine, including--
(A) the effect that such sanctions have had on the
economy of Russia, the defense industrial base of
Russia, and the ability of Russia to maintain its war
on Ukraine; and
(B) the expected effect such sanctions would have
on a potential long-term confrontation between Russia
and the members of the North Atlantic Treaty
Organization and other allies of the United States.
(2) An updated assessment of the convergence of interests
between Russia and China, an assessment of the assistance that
China is providing to Russia's economy and war effort, and an
assessment of other collaboration between the two countries.
(3) An assessment of potential friction points between
China and Russia.
(4) An assessment of assistance and potential assistance
from other countries to Russia, including assistance from Iran
and North Korea.
(5) An assessment of other significant countries that have
not joined the sanctions regime against Russia, why they have
not done so, and what might induce them to change this policy.
(c) Form.--The national intelligence estimate submitted pursuant to
subsection (a) shall be submitted in unclassified form, but may include
a classified annex.
Subtitle C--Other Foreign Countries
SEC. 421. REPORT ON EFFORTS TO CAPTURE AND DETAIN UNITED STATES
CITIZENS AS HOSTAGES.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report on efforts
by the Maduro regime in Venezuela to detain United States citizens and
lawful permanent residents.
(b) Elements.--The report required by subsection (a) shall include,
regarding the arrest, capture, detainment, or imprisonment of United
States citizens and lawful permanent residents, the following:
(1) The names, positions, and institutional affiliation of
Venezuelan individuals, or those acting on their behalf, who
have engaged in such activities.
(2) A description of any role played by transnational
criminal organizations, and an identification of such
organizations.
(3) Where relevant, an assessment of whether and how United
States citizens and lawful permanent residents have been lured
to Venezuela.
(4) An analysis of the motive for the arrest, capture,
detainment, or imprisonment of United States citizens and
lawful permanent residents.
(5) The total number of United States citizens and lawful
permanent residents detained or imprisoned in Venezuela as of
the date on which the report is submitted.
(c) Form.--The report required by subsection (a) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 422. SENSE OF CONGRESS ON PRIORITY OF FENTANYL IN NATIONAL
INTELLIGENCE PRIORITIES FRAMEWORK.
It is the sense of Congress that the trafficking of illicit
fentanyl, including precursor chemicals and manufacturing equipment
associated with illicit fentanyl production and organizations that
traffic or finance the trafficking of illicit fentanyl, originating
from the People's Republic of China and Mexico should be among the
highest priorities in the National Intelligence Priorities Framework of
the Office of the Director of National Intelligence.
TITLE V--MATTERS PERTAINING TO UNITED STATES ECONOMIC AND EMERGING
TECHNOLOGY COMPETITION WITH UNITED STATES ADVERSARIES
Subtitle A--General Matters
SEC. 501. OFFICE OF GLOBAL COMPETITION ANALYSIS.
(a) Definitions.--In this section:
(1) Executive agency.--The term ``Executive agency'' has
the meaning given such term in section 105 of title 5, United
States Code.
(2) Office.--The term ``Office'' means the Office of Global
Competition Analysis established under subsection (b).
(b) Establishment.--
(1) In general.--The President shall establish an office
for analysis of global competition.
(2) Purposes.--The purposes of the Office are as follows:
(A) To carry out a program of analysis relevant to
United States leadership in science, technology, and
innovation sectors critical to national security and
economic prosperity relative to other countries,
particularly those countries that are strategic
competitors of the United States.
(B) To support policy development and decision
making across the Federal Government to ensure United
States leadership in science, technology, and
innovation sectors critical to national security and
economic prosperity relative to other countries,
particularly those countries that are strategic
competitors of the United States.
(3) Designation.--The office established under paragraph
(1) shall be known as the ``Office of Global Competition
Analysis''.
(c) Activities.--In accordance with the priorities determined under
subsection (d), the Office shall--
(1) subject to subsection (f), acquire, access, use, and
handle data or other information relating to the purposes of
the Office under subsection (b);
(2) conduct long- and short-term analyses regarding--
(A) United States policies that enable
technological competitiveness relative to those of
other countries, particularly with respect to countries
that are strategic competitors of the United States;
(B) United States science and technology ecosystem
elements, including regional and national research
development and capacity, technology innovation, and
science and engineering education and research
workforce, relative to those of other countries,
particularly with respect to countries that are
strategic competitors of the United States;
(C) United States technology development,
commercialization, and advanced manufacturing ecosystem
elements, including supply chain resiliency, scale-up
manufacturing testbeds, access to venture capital and
financing, technical and entrepreneurial workforce, and
production, relative to those of other countries,
particularly with respect to countries that are
strategic competitors of the United States;
(D) United States competitiveness in technology and
innovation sectors critical to national security and
economic prosperity relative to other countries,
including the availability and scalability of United
States technology in such sectors abroad, particularly
with respect to countries that are strategic
competitors of the United States;
(E) trends and trajectories, including rate of
change in technologies, related to technology and
innovation sectors critical to national security and
economic prosperity;
(F) threats to United States national security
interests as a result of any foreign country's
dependence on technologies of strategic competitors of
the United States; and
(G) threats to United States interests based on
dependencies on foreign technologies critical to
national security and economic prosperity;
(3) solicit input on technology and economic trends, data,
and metrics from relevant private sector stakeholders,
including entities involved in financing technology development
and commercialization, and engage with academia to inform the
analyses under paragraph (2); and
(4) to the greatest extent practicable and as may be
appropriate, ensure that versions of the analyses under
paragraph (2) are unclassified and available to relevant
Federal agencies and offices.
(d) Determination of Priorities.--On a periodic basis, the Director
of the Office of Science and Technology Policy, the Assistant to the
President for Economic Policy, and the Assistant to the President for
National Security Affairs shall, in coordination with such heads of
Executive agencies as the Director of the Office of Science and
Technology Policy and such Assistants jointly consider appropriate,
jointly determine the priorities of the Office with respect to
subsection (b)(2)(A), considering, as may be appropriate, the
strategies and reports under subtitle B of title VI of the Research and
Development, Competition, and Innovation Act (Public Law 117-167).
(e) Administration.--Subject to the availability of appropriations,
to carry out the purposes set forth under subsection (b)(2), the Office
shall enter into an agreement with a federally funded research and
development center, a university-affiliated research center, or a
consortium of federally funded research and development centers and
university-affiliated research centers.
(f) Acquisition, Access, Use, and Handling of Data or
Information.--In carrying out the activities under subsection (c), the
Office--
(1) shall acquire, access, use, and handle data or
information in a manner consistent with applicable provisions
of law and policy, including laws and policies providing for
the protection of privacy and civil liberties, and subject to
any restrictions required by the source of the information;
(2) shall have access, upon written request, to all
information, data, or reports of any Executive agency that the
Office determines necessary to carry out the activities under
subsection (c), provided that such access is--
(A) conducted in a manner consistent with
applicable provisions of law and policy of the
originating agency, including laws and policies
providing for the protection of privacy and civil
liberties; and
(B) consistent with due regard for the protection
from unauthorized disclosure of classified information
relating to sensitive intelligence sources and methods
or other exceptionally sensitive matters; and
(3) may obtain commercially available information that may
not be publicly available.
(g) Detailee Support.--Consistent with applicable law, including
sections 1341, 1517, and 1535 of title 31, United States Code, and
section 112 of title 3, United States Code, the head of a department or
agency within the executive branch of the Federal Government may detail
personnel to the Office in order to assist the Office in carrying out
any activity under subsection (c), consistent with the priorities
determined under subsection (d).
(h) Annual Report.--Not less frequently than once each year, the
Office shall submit to Congress a report on the activities of the
Office under this section, including a description of the priorities
under subsection (d) and any support, disaggregated by Executive
agency, provided to the Office consistent with subsection (g) in order
to advance those priorities.
(i) Plans.--Before establishing the Office under subsection (b)(1),
the President shall submit to the appropriate committees of Congress a
report detailing plans for--
(1) the administrative structure of the Office, including--
(A) a detailed spending plan that includes
administrative costs; and
(B) a disaggregation of costs associated with
carrying out subsection (e);
(2) ensuring consistent and sufficient funding for the
Office; and
(3) coordination between the Office and relevant Executive
agencies and offices.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000 for fiscal year
2024.
(k) Funding.--This section shall be carried out using amounts
appropriated on or after the date of the enactment of this Act.
SEC. 502. ASSIGNMENT OF DETAILEES FROM INTELLIGENCE COMMUNITY TO
DEPARTMENT OF COMMERCE.
(a) Authority.--In order to better facilitate the sharing of
actionable intelligence on foreign adversary intent, capabilities,
threats, and operations that pose a threat to the interests or security
of the United States, particularly as they relate to the procurement,
development, and use of dual-use and emerging technologies, the
Director of National Intelligence may assign or facilitate the
assignment of members from across the intelligence community to serve
as detailees to the Bureau of Industry and Security of the Department
of Commerce.
(b) Assignment.--Detailees assigned pursuant to subsection (a)
shall be drawn from such elements of the intelligence community as the
Director considers appropriate, in consultation with the Secretary of
Commerce.
(c) Expertise.--The Director shall ensure that detailees assigned
pursuant to subsection (a) have subject matter expertise on countries
of concern, including China, Iran, North Korea, and Russia, as well as
functional areas such as illicit procurement, counterproliferation,
emerging and foundational technology, economic and financial
intelligence, information and communications technology systems, supply
chain vulnerability, and counterintelligence.
(d) Duty Credit.--The detail of an employee of the intelligence
community to the Department of Commerce under subsection (a) shall be
without interruption or loss of civil service status or privilege.
SEC. 503. THREATS POSED BY INFORMATION AND COMMUNICATIONS TECHNOLOGY
AND SERVICES TRANSACTIONS AND OTHER ACTIVITIES.
(a) Definitions.--In this section:
(1) Covered transaction.--The term ``covered transaction''
means a transaction reviewed under authority established under
Executive Order 13873, Executive Order 13984, Executive Order
14034, or any successor order.
(2) Emerging and foundational technologies.--The term
``emerging and foundational technologies'' means emerging and
foundational technologies described in section 1758(a)(1) of
the Export Control Reform Act of 2018 (50 U.S.C. 4817(a)(1)).
(3) Executive order 13873.--The term ``Executive Order
13873'' means Executive Order 13873 (84 Fed. Reg. 22689;
relating to securing information and communications technology
and services supply chain).
(4) Executive order 13984.--The term ``Executive Order
13984'' means Executive Order 13984 (86 Fed. Reg. 6837;
relating to taking additional steps to address the national
emergency with respect to significant malicious cyber-enabled
activities).
(5) Executive order 14034.--The term ``Executive Order
14034'' means Executive Order 14034 (84 Fed. Reg. 31423;
relating to protecting Americans' sensitive data from foreign
adversaries).
(6) Significant transaction.--The term ``significant
transaction'' means a covered transaction that--
(A) involves emerging or foundational technologies;
(B) poses an undue or unacceptable risk to national
security; and
(C) involves--
(i) an individual who acts as an agent,
representative, or employee, or any individual
who acts in any other capacity at the order,
request, or under the direction or control, of
a foreign adversary or of an individual whose
activities are directly or indirectly
supervised, directed, controlled, financed, or
subsidized in whole or in majority part by a
foreign adversary;
(ii) any individual, wherever located, who
is a citizen or resident of a nation-state
controlled by a foreign adversary;
(iii) any corporation, partnership,
association, or other organization organized
under the laws of a nation-state controlled by
a foreign adversary; or
(iv) any corporation, partnership,
association, or other organization, wherever
organized or doing business, that is owned or
controlled by a foreign adversary.
(b) Threat Assessment by Director of National Intelligence.--
(1) In general.--The Director of National Intelligence
shall expeditiously carry out a threat assessment of each
significant transaction.
(2) Identification of gaps.--Each assessment required by
paragraph (1) shall include the identification of any
recognized gaps in the collection of intelligence relevant to
the assessment.
(3) Views of intelligence community.--The Director of
National Intelligence shall seek and incorporate into each
assessment required by paragraph (1) the views of all affected
or appropriate elements of the intelligence community with
respect to the significant transaction or class of significant
transactions.
(4) Provision of assessment.--The Director of National
Intelligence shall provide an assessment required by paragraph
(1) to such agency heads and committees of Congress as the
Director considers appropriate, as necessary, to implement
Executive Order 13873, Executive Order 13984, Executive Order
14034, or any successor order.
(c) Interaction With Intelligence Community.--
(1) In general.--The Director of National Intelligence
shall ensure that the intelligence community remains engaged in
the collection, analysis, and dissemination to such agency
heads as the Director considers appropriate of any additional
relevant information that may become available during the
course of any investigation or review process conducted under
authority established under Executive Order 13873, Executive
Order 13984, Executive Order 14034, or any successor order.
(2) Elements.--The collection, analysis, and dissemination
of information described in paragraph (1) shall include routine
assessments of the following:
(A) The intent, capability, and operations of
foreign adversaries as related to a significant
transaction or class of significant transactions.
(B) Supply chains and procurement networks
associated with the procurement of emerging and
foundational technologies by foreign adversaries.
(C) Emerging and foundational technologies pursued
by foreign adversaries, including information on
prioritization, spending, and technology transfer
measures.
(D) The intent, capability, and operations of the
use by malicious cyber actors of infrastructure as a
service (IaaS) against the United States.
(E) The impact on the intelligence community of a
significant transaction or class of significant
transactions.
(d) Information in Civil Actions.--
(1) Protected information in civil actions.--If a civil
action challenging an action or finding under Executive Order
13873, Executive Order 13984, Executive Order 14034, or any
successor order is brought, and the court determines that
protected information in the administrative record relating to
the action or finding, including classified or other
information subject to privilege or protections under any
provision of law, is necessary to resolve the action, that
information shall be submitted ex parte and in camera to the
court and the court shall maintain that information under seal.
This paragraph does not confer or imply any right to judicial
review.
(2) Nonapplicability of use of information provisions.--The
use of information provisions of sections 106, 305, 405, and
706 of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1806, 1825, 1845, and 1881e) shall not apply in a civil
action described in paragraph (1).
(e) Rule of Construction Concerning Right to Access.--No provision
of this section may be construed to create a right to obtain access to
information in the possession of the Federal Government that was
considered by the Secretary of Commerce under authority established
under Executive Order 13873, Executive Order 13984, Executive Order
14034, or any successor order, including any classified information or
sensitive but unclassified information.
(f) Administrative Record.--The following information may be
included in the administrative record relating to an action or finding
described in subsection (d)(1) and shall be submitted only to the court
ex parte and in camera:
(1) Sensitive security information, as defined in section
1520.5 of title 49, Code of Federal Regulations.
(2) Privileged law enforcement information.
(3) Information obtained or derived from any activity
authorized under the Foreign Intelligence Surveillance Act of
1978 (50 U.S.C. 1801 et seq.), except that, with respect to
such information, subsections (c), (e), (f), (g), and (h) of
section 106 (50 U.S.C. 1806), subsections (d), (f), (g), (h),
and (i) of section 305 (50 U.S.C. 1825), subsections (c), (e),
(f), (g), and (h) of section 405 (50 U.S.C. 1845), and section
706 (50 U.S.C. 1881e) of that Act shall not apply.
(4) Information subject to privilege or protection under
any other provision of law, including the Currency and Foreign
Transactions Reporting Act of 1970 (31 U.S.C. 5311 et seq.).
(g) Treatment Consistent With Section.--Any information that is
part of the administrative record filed ex parte and in camera under
subsection (d)(1), or cited by the court in any decision in a civil
action described in such subsection, shall be treated by the court
consistent with the provisions of this section. In no event shall such
information be released to the petitioner or as part of the public
record.
(h) Inapplicability of Freedom of Information Act.--Any information
submitted to the Federal Government by a party to a covered transaction
in accordance with this section, as well as any information the Federal
Government may create relating to review of the covered transaction, is
exempt from disclosure under section 552 of title 5, United States Code
(commonly referred to as the ``Freedom of Information Act'').
SEC. 504. REVISION OF REGULATIONS DEFINING SENSITIVE NATIONAL SECURITY
PROPERTY FOR COMMITTEE ON FOREIGN INVESTMENT IN THE
UNITED STATES REVIEWS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of the Treasury shall revise section 802.211 of
title 31, Code of Federal Regulations, to expand the definition of
``covered real estate'', such as by treating facilities and property of
elements of the intelligence community and National Laboratories (as
defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C.
15801)) comparably to military installations.
SEC. 505. SUPPORT OF INTELLIGENCE COMMUNITY FOR EXPORT CONTROLS AND
OTHER MISSIONS OF THE DEPARTMENT OF COMMERCE.
(a) Definitions.--In this section:
(1) Emerging and foundational technologies.--The term
``emerging and foundational technologies'' includes
technologies identified under section 1758(a)(1) of the Export
Control Reform Act of 2018 (50 U.S.C. 4817(a)(1)).
(2) Foreign adversary.--The term ``foreign adversary''
means any foreign government, foreign regime, or foreign
nongovernment person determined by the Director of National
Intelligence to have engaged in a long-term pattern or serious
instances of conduct significantly adverse to the national
security of the United States or the security and safety of
United States persons.
(b) Collection, Analysis, and Dissemination Required.--
(1) In general.--The Director of National Intelligence--
(A) is authorized to collect, retain, analyze, and
disseminate information or intelligence necessary to
support the missions of the Department of Commerce,
including with respect to the administration of export
controls pursuant to the Export Control Reform Act of
2018 (50 U.S.C. 4801 et seq.); and
(B) shall, through regular consultation with the
Secretary of Commerce, ensure that the intelligence
community is engaged in such collection, retention,
analysis, and dissemination.
(2) Information to be collected, analyzed, and
disseminated.--The information to be collected, analyzed, and
disseminated under subsection (a) shall include information
relating to the following:
(A) The intent, capability, and operations of
foreign adversaries with respect to items under
consideration to be controlled pursuant to the
authority provided by part I of the Export Control
Reform Act of 2018 (50 U.S.C. 4811 et seq.).
(B) Attempts by foreign adversaries to circumvent
controls on items imposed pursuant to that part.
(C) Supply chains and procurement networks
associated with procurement and development of emerging
and foundational technologies by foreign adversaries.
(D) Emerging and foundational technologies pursued
by foreign adversaries, including relevant information
on prioritization, spending, and technology transfer
measures with respect to such technologies.
(E) The scope and application of the export control
systems of foreign countries, including decisions with
respect to individual export transactions.
(F) Corporate and contractual relationships,
ownership, and other equity interests, including
monetary capital contributions, corporate investments,
and joint ventures, resulting in end uses of items that
threaten the national security and foreign policy
interests of the United States, as described in the
policy set forth in section 1752 of the Export Control
Reform Act of 2018 (50 U.S.C. 4811).
(G) The effect of export controls imposed pursuant
to part I of that Act (50 U.S.C. 4811 et seq.),
including--
(i) the effect of actions taken and planned
to be taken by the Secretary of Commerce under
the authority provided by that part; and
(ii) the effectiveness of such actions in
achieving the national security and foreign
policy objectives of such actions.
(c) Provision of Analysis to Department of Commerce.--Upon the
request of the Secretary of Commerce, the Director of National
Intelligence shall expeditiously--
(1) carry out analysis of any matter relating to the
national security of the United States that is relevant to a
mission of the Department of Commerce; and
(2) consistent with the protection of sources and methods,
make such analysis available to the Secretary and such
individuals as the Secretary may designate to receive such
analysis.
(d) Identification of Single Office to Support Missions of
Department of Commerce.--The Director of National Intelligence shall
identify a single office within the intelligence community to be
responsible for supporting the missions of the Department of Commerce.
(e) Treatment of Classified and Sensitive Information.--
(1) In general.--A civil action challenging an action or
finding of the Secretary of Commerce made on the basis of any
classified or sensitive information made available to officials
of the Department of Commerce pursuant to this section may be
brought only in the United States Court of Appeals for the
District of Columbia Circuit.
(2) Consideration and treatment in civil actions.--If a
civil action described in paragraph (1) is brought, and the
court determines that protected information in the
administrative record, including classified or other
information subject to privilege or protections under any
provision of law, is necessary to resolve the civil action,
that information shall be submitted ex parte and in camera to
the court and the court shall maintain that information under
seal. This paragraph does not confer or imply any right to
judicial review.
(3) Administrative record.--
(A) In general.--The following information may be
included in the administrative record relating to an
action or finding described in paragraph (1) and shall
be submitted only to the court ex parte and in camera:
(i) Sensitive security information, as
defined by section 1520.5 of title 49, Code of
Federal Regulations.
(ii) Privileged law enforcement
information.
(iii) Information obtained or derived from
any activity authorized under the Foreign
Intelligence Surveillance Act of 1978 (50
U.S.C. 1801 et seq.).
(iv) Information subject to privilege or
protection under any other provision of law.
(B) Treatment consistent with section.--Any
information that is part of the administrative record
filed ex parte and in camera under subparagraph (A), or
cited by the court in any decision in a civil action
described in paragraph (1), shall be treated by the
court consistent with the provisions of this
subsection. In no event shall such information be
released to the petitioner or as part of the public
record.
(4) Nonapplicability of use of information provisions.--The
use of information provisions of sections 106, 305, 405, and
706 of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1806, 1825, 1845, and 1881e) shall not apply in a civil
action challenging an action or finding of the Secretary of
Commerce made on the basis of information made available to
officials of the Department of Commerce pursuant to this
section.
(5) Rule of construction concerning right to access.--No
provision of this section shall be construed to create a right
to obtain access to information in the possession of the
Federal Government that was considered in an action or finding
of the Secretary of Commerce, including any classified
information or sensitive but unclassified information.
(6) Exemption from freedom of information act.--Any
information made available to officials of the Department of
Commerce pursuant to this section is exempt from disclosure
under section 552 of title 5, United States Code (commonly
referred to as the ``Freedom of Information Act'').
SEC. 506. REVIEW REGARDING INFORMATION COLLECTION AND ANALYSIS WITH
RESPECT TO ECONOMIC COMPETITION.
(a) Review.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Director of National
Intelligence shall complete a review of the requirements and
access to commercial information used by elements of the
intelligence community for analysis of capital flows,
investment security, beneficial ownership of entities, and
other transactions and functions related to identifying
threats, gaps, and opportunities with respect to economic
competition with foreign countries, including the People's
Republic of China.
(2) Elements.--The review required by paragraph (1) shall
include the following:
(A) The length and expiration of licenses for
access to commercial information.
(B) The number of such licenses permitted for each
element of the intelligence community.
(C) The number of such licenses permitted for
Federal departments and agencies that are not elements
of the intelligence community, including the Department
of Commerce.
(b) Report; Briefing.--
(1) In general.--Not later than 60 days after the date on
which the review required by subsection (a)(1) is completed,
the Director of National Intelligence shall submit a report and
provide a briefing to Congress on the findings of the review.
(2) Elements.--The report and briefing required by
paragraph (1) shall include the following:
(A) The findings of the review required by
subsection (a)(1).
(B) Recommendations of the Director on whether and
how the standardization of access to commercial
information, the expansion of licenses for such access,
the lengthening of license terms beyond 1 year, and the
issuance of Government-wide (as opposed to agency-by-
agency) licenses would advance the open-source
collection and analytical requirements of the
intelligence community with respect to economic
competition with foreign countries, including the
People's Republic of China.
(C) An assessment of cost savings or increases that
may result from the standardization described in
subparagraph (B).
(3) Form.--The report and briefing required by paragraph
(1) may be classified.
Subtitle B--Next-generation Energy, Biotechnology, and Artificial
Intelligence
SEC. 511. EXPANDED ANNUAL ASSESSMENT OF ECONOMIC AND TECHNOLOGICAL
CAPABILITIES OF THE PEOPLE'S REPUBLIC OF CHINA.
Section 6503(c)(3) of the Intelligence Authorization Act for Fiscal
Year 2023 (Public Law 117-263) is amended by adding at the end the
following:
``(I) A detailed assessment, prepared in
consultation with all elements of the working group--
``(i) of the investments made by the
People's Republic of China in--
``(I) artificial intelligence;
``(II) next-generation energy
technologies, especially small modular
reactors and advanced batteries; and
``(III) biotechnology; and
``(ii) that identifies--
``(I) competitive practices of the
People's Republic of China relating to
the technologies described in clause
(i);
``(II) opportunities to counter the
practices described in subclause (I);
``(III) countries the People's
Republic of China is targeting for
exports of civil nuclear technology;
``(IV) countries best positioned to
utilize civil nuclear technologies from
the United States in order to
facilitate the commercial export of
those technologies;
``(V) United States vulnerabilities
in the supply chain of these
technologies; and
``(VI) opportunities to counter the
export by the People's Republic of
China of civil nuclear technologies
globally.
``(J) An identification and assessment of any unmet
resource or authority needs of the working group that
affect the ability of the working group to carry out
this section.''.
SEC. 512. PROCUREMENT OF PUBLIC UTILITY CONTRACTS.
Subparagraph (B) of section 501(b)(1) of title 40, United States
Code, is amended to read as follows:
``(B) Public utility contracts.--
``(i) In general.--A contract for public
utility services may be made--
``(I) except as provided in
subclause (II), for a period of not
more than 10 years; or
``(II) for an executive agency that
is, or has a component that is, an
element of the intelligence community
(as defined in section 3 of the
National Security Act of 1947 (50
U.S.C. 3003)), for a period of not more
than 30 years, if the executive agency
determines the extended period is in
the best interests of national
security.
``(ii) Payment.--The cost of a public
utility services contract for any year may be
paid from annual appropriations for that
year.''.
SEC. 513. ASSESSMENT OF USING CIVIL NUCLEAR ENERGY FOR INTELLIGENCE
COMMUNITY CAPABILITIES.
(a) Assessment Required.--The Director of National Intelligence
shall, in consultation with the heads of such other elements of the
intelligence community as the Director considers appropriate, conduct
an assessment of capabilities identified by the Intelligence Community
Continuity Program established pursuant to section E(3) of Intelligence
Community Directive 118, or any successor directive, or such other
facilities or capabilities as may be determined by the Director to be
critical to United States national security, that have unique energy
needs--
(1) to ascertain the feasibility and advisability of using
civil nuclear reactors to meet such needs; and
(2) to identify such additional resources, technologies,
infrastructure, or authorities needed, or other potential
obstacles, to commence use of a nuclear reactor to meet such
needs.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to the congressional
intelligence committees a report, which may be in classified form, on
the findings of the Director with respect to the assessment conducted
pursuant to subsection (a).
SEC. 514. POLICIES ESTABLISHED BY DIRECTOR OF NATIONAL INTELLIGENCE FOR
ARTIFICIAL INTELLIGENCE CAPABILITIES.
(a) In General.--Section 6702 of the Intelligence Authorization Act
for Fiscal Year 2023 (50 U.S.C. 3334m) is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``subsection (b)'' and inserting ``subsection
(c)'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Policies.--
``(1) In general.--In carrying out subsection (a)(1), not
later than 1 year after the date of the enactment of the
Intelligence Authorization Act for Fiscal Year 2024, the
Director of National Intelligence, in consultation with the
heads of the elements of the intelligence community, shall
establish the policies described in paragraph (2).
``(2) Policies described.--The policies described in this
paragraph are policies for the acquisition, adoption,
development, use, coordination, and maintenance of artificial
intelligence capabilities that--
``(A) establish a lexicon relating to the use of
machine learning and artificial intelligence developed
or acquired by elements of the intelligence community;
``(B) establish guidelines for evaluating the
performance of models developed or acquired by elements
of the intelligence community, such as by--
``(i) specifying conditions for the
continuous monitoring of artificial
intelligence capabilities for performance,
including the conditions for retraining or
retiring models based on performance;
``(ii) documenting performance objectives,
including specifying how performance objectives
shall be developed and contractually enforced
for capabilities procured from third parties;
``(iii) specifying the manner in which
models should be audited, as necessary,
including the types of documentation that
should be provided to any auditor; and
``(iv) specifying conditions under which
models used by elements of the intelligence
community should be subject to testing and
evaluation for vulnerabilities to techniques
meant to undermine the availability, integrity,
or privacy of an artificial intelligence
capability;
``(C) establish guidelines for tracking
dependencies in adjacent systems, capabilities, or
processes impacted by the retraining or sunsetting of
any model described in subparagraph (B);
``(D) establish documentation requirements for
capabilities procured from third parties, aligning such
requirements, as necessary, with existing documentation
requirements applicable to capabilities developed by
elements of the intelligence community and, to the
greatest extent possible, with industry standards;
``(E) establish standards for the documentation of
imputed, augmented, or synthetic data used to train any
model developed, procured, or used by an element of the
intelligence community; and
``(F) provide guidance on the acquisition and usage
of models that have previously been trained by a third
party for subsequent modification and usage by such an
element.
``(3) Policy review and revision.--The Director of National
Intelligence shall periodically review and revise each policy
established under paragraph (1).''.
(b) Conforming Amendment.--Section 6712(b)(1) of such Act (50
U.S.C. 3024 note) is amended by striking ``section 6702(b)'' and
inserting ``section 6702(c)''.
SEC. 515. STRATEGY FOR SUBMITTAL OF NOTICE BY PRIVATE PERSONS TO
FEDERAL AGENCIES REGARDING CERTAIN RISKS AND THREATS
RELATING TO ARTIFICIAL INTELLIGENCE.
(a) Findings.--Congress finds the following:
(1) Artificial intelligence systems demonstrate increased
capabilities in the generation of synthetic media and computer
programming code, and in areas such as object recognition,
natural language processing, biological design, and workflow
orchestration.
(2) The growing capabilities of artificial intelligence
systems in the areas described in paragraph (1), as well as the
greater accessibility of large-scale artificial intelligence
models to individuals, businesses, and governments, have
dramatically increased the adoption of artificial intelligence
products in the United States and globally.
(3) The advanced capabilities of the systems described in
paragraph (1), and their accessibility to a wide range of
users, have increased the likelihood and effect of misuse or
malfunction of these systems, such as to generate synthetic
media for disinformation campaigns, develop or refine malware
for computer network exploitation activity, design or develop
dual-use biological entities such as toxic small molecules,
proteins, or pathogenic organisms, enhance surveillance
capabilities in ways that undermine the privacy of citizens of
the United States, and increase the risk of exploitation or
malfunction of information technology systems incorporating
artificial intelligence systems in mission-critical fields such
as health care, critical infrastructure, and transportation.
(b) Strategy Required.--Not later than 180 days after the date of
the enactment of this Act, the President shall establish a strategy by
which vendors and commercial users of artificial intelligence systems,
as well as independent researchers and other third parties, may
effectively notify appropriate elements of the United States Government
of--
(1) information security risks emanating from artificial
intelligence systems, such as the use of an artificial
intelligence system to develop or refine malicious software;
(2) information security risks such as indications of
compromise or other threat information indicating a compromise
to the confidentiality, integrity, or availability of an
artificial intelligence system, or to the supply chain of an
artificial intelligence system, including training or test
data, frameworks, computing environments, or other components
necessary for the training, management, or maintenance of an
artificial intelligence system;
(3) biosecurity risks emanating from artificial
intelligence systems, such as the use of an artificial
intelligence system to design, develop, or acquire dual-use
biological entities such as putatively toxic small molecules,
proteins, or pathogenic organisms;
(4) suspected foreign malign influence (as defined by
section 119C of the National Security Act of 1947 (50 U.S.C.
3059(f))) activity that appears to be facilitated by an
artificial intelligence system; and
(5) any other unlawful activity facilitated by, or directed
at, an artificial intelligence system.
(c) Elements.--The strategy established pursuant to subsection (b)
shall include the following:
(1) An outline of a plan for Federal agencies to engage in
industry outreach and public education on the risks posed by,
and directed at, artificial intelligence systems.
(2) Use of research and development, stakeholder outreach,
and risk management frameworks established pursuant to
provisions of law in effect on the day before the date of the
enactment of this Act or Federal agency guidelines.
TITLE VI--WHISTLEBLOWER MATTERS
SEC. 601. SUBMITTAL TO CONGRESS OF COMPLAINTS AND INFORMATION BY
WHISTLEBLOWERS IN THE INTELLIGENCE COMMUNITY.
(a) Amendments to Chapter 4 of Title 5.--
(1) Appointment of security officers.--Section 416 of title
5, United States Code, is amended by adding at the end the
following:
``(i) Appointment of Security Officers.--Each Inspector General
under this section, including the designees of the Inspector General of
the Department of Defense pursuant to subsection (b)(3), shall appoint
within their offices security officers to provide, on a permanent
basis, confidential, security-related guidance and direction to an
employee of their respective establishment, an employee assigned or
detailed to such establishment, or an employee of a contractor of such
establishment who intends to report to Congress a complaint or
information, so that such employee can obtain direction on how to
report to Congress in accordance with appropriate security
practices.''.
(2) Procedures.--Subsection (e) of such section is
amended--
(A) in paragraph (1), by inserting ``or any other
committee of jurisdiction of the Senate or the House of
Representatives'' after ``either or both of the
intelligence committees'';
(B) by amending paragraph (2) to read as follows:
``(2) Limitation.--
``(A) In general.--Except as provided in
subparagraph (B), the employee may contact an
intelligence committee or another committee of
jurisdiction directly as described in paragraph (1) of
this subsection or in subsection (b)(4) only if the
employee--
``(i) before making such a contact,
furnishes to the head of the establishment,
through the Inspector General (or designee), a
statement of the employee's complaint or
information and notice of the employee's intent
to contact an intelligence committee or another
committee of jurisdiction of the Senate or the
House of Representatives directly; and
``(ii)(I) obtains and follows, from the
head of the establishment, through the
Inspector General (or designee), procedural
direction on how to contact an intelligence
committee or another committee of jurisdiction
of the Senate or the House of Representatives
in accordance with appropriate security
practices; or
``(II) obtains and follows such procedural
direction from the applicable security officer
appointed under subsection (i).
``(B) Lack of procedural direction.--If an employee
seeks procedural direction under subparagraph (A)(ii)
and does not receive such procedural direction within
30 days, or receives insufficient direction to report
to Congress a complaint or information, the employee
may contact an intelligence committee or any other
committee of jurisdiction of the Senate or the House of
Representatives directly without obtaining or following
the procedural direction otherwise required under such
subparagraph.''; and
(C) by redesignating paragraph (3) as paragraph
(4); and
(D) by inserting after paragraph (2) the following:
``(3) Committee members and staff.--An employee of an
element of the intelligence community who intends to report to
Congress a complaint or information may report such complaint
or information to the Chairman and Vice Chairman or Ranking
Member, as the case may be, of an intelligence committee or
another committee of jurisdiction of the Senate or the House of
Representatives, a nonpartisan member of the committee staff
designated for purposes of receiving complaints or information
under this section, or a member of the majority staff and a
member of the minority staff of the committee.''.
(3) Clarification of right to report directly to
congress.--Subsection (b) of such section is amended by adding
at the end the following:
``(4) Clarification of right to report directly to
congress.--Subject to paragraphs (2) and (3) of subsection (e),
an employee of an element of the intelligence community who
intends to report to Congress a complaint or information may
report such complaint or information directly to Congress,
regardless of whether the complaint or information is with
respect to an urgent concern--
``(A) in lieu of reporting such complaint or
information under paragraph (1); or
``(B) in addition to reporting such complaint or
information under paragraph (1).''.
(b) Amendments to National Security Act of 1947.--
(1) Appointment of security officers.--Section 103H(j) of
the National Security Act of 1947 (50 U.S.C. 3033(j)) is
amended by adding at the end the following:
``(5) The Inspector General shall appoint within the Office
of the Inspector General security officers as required by
section 416(i) of title 5, United States Code.''.
(2) Procedures.--Subparagraph (D) of section 103H(k)(5) of
such Act (50 U.S.C. 3033(k)(5)) is amended--
(A) in clause (i), by inserting ``or any other
committee of jurisdiction of the Senate or the House of
Representatives'' after ``either or both of the
congressional intelligence committees'';
(B) by amending clause (ii) to read as follows:
``(ii)(I) Except as provided in subclause (II), an employee
may contact a congressional intelligence committee or another
committee of jurisdiction directly as described in clause (i)
only if the employee--
``(aa) before making such a contact, furnishes to
the Director, through the Inspector General, a
statement of the employee's complaint or information
and notice of the employee's intent to contact a
congressional intelligence committee or another
committee of jurisdiction of the Senate or the House of
Representatives directly; and
``(bb)(AA) obtains and follows, from the Director,
through the Inspector General, procedural direction on
how to contact a congressional intelligence committee
or another committee of jurisdiction of the Senate or
the House of Representatives in accordance with
appropriate security practices; or
``(BB) obtains and follows such procedural
direction from the applicable security officer
appointed under section 416(i) of title 5, United
States Code.
``(II) If an employee seeks procedural direction
under subclause (I)(bb) and does not receive such
procedural direction within 30 days, or receives
insufficient direction to report to Congress a
complaint or information, the employee may contact a
congressional intelligence committee or any other
committee of jurisdiction of the Senate or the House of
Representatives directly without obtaining or following
the procedural direction otherwise required under such
subclause.'';
(C) by redesignating clause (iii) as clause (iv);
and
(D) by inserting after clause (ii) the following:
``(iii) An employee of an element of the intelligence
community who intends to report to Congress a complaint or
information may report such complaint or information to the
Chairman and Vice Chairman or Ranking Member, as the case may
be, of a congressional intelligence committee or another
committee of jurisdiction of the Senate or the House of
Representatives, a nonpartisan member of the committee staff
designated for purposes of receiving complaints or information
under this section, or a member of the majority staff and a
member of the minority staff of the committee.''.
(3) Clarification of right to report directly to
congress.--Subparagraph (A) of such section is amended--
(A) by inserting ``(i)'' before ``An employee of'';
and
(B) by adding at the end the following:
``(ii) Subject to clauses (ii) and (iii) of subparagraph
(D), an employee of an element of the intelligence community
who intends to report to Congress a complaint or information
may report such complaint or information directly to Congress,
regardless of whether the complaint or information is with
respect to an urgent concern--
``(I) in lieu of reporting such complaint or
information under clause (i); or
``(II) in addition to reporting such complaint or
information under clause (i).''.
(c) Amendments to the Central Intelligence Agency Act of 1949.--
(1) Appointment of security officers.--Section 17(d)(5) of
the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(d)(5)) is amended by adding at the end the following:
``(I) The Inspector General shall appoint within the Office of the
Inspector General security officers as required by section 416(i) of
title 5, United States Code.''.
(2) Procedures.--Subparagraph (D) of such section is
amended--
(A) in clause (i), by inserting ``or any other
committee of jurisdiction of the Senate or the House of
Representatives'' after ``either or both of the
intelligence committees'';
(B) by amending clause (ii) to read as follows:
``(ii)(I) Except as provided in subclause (II), an employee may
contact an intelligence committee or another committee of jurisdiction
directly as described in clause (i) only if the employee--
``(aa) before making such a contact, furnishes to the
Director, through the Inspector General, a statement of the
employee's complaint or information and notice of the
employee's intent to contact an intelligence committee or
another committee of jurisdiction of the Senate or the House of
Representatives directly; and
``(bb)(AA) obtains and follows, from the Director, through
the Inspector General, procedural direction on how to contact
an intelligence committee or another committee of jurisdiction
of the Senate or the House of Representatives in accordance
with appropriate security practices; or
``(BB) obtains and follows such procedural direction from
the applicable security officer appointed under section 416(i)
of title 5, United States Code.
``(II) If an employee seeks procedural direction under
subclause (I)(bb) and does not receive such procedural
direction within 30 days, or receives insufficient direction to
report to Congress a complaint or information, the employee may
contact an intelligence committee or another committee of
jurisdiction of the Senate or the House of Representatives
directly without obtaining or following the procedural
direction otherwise required under such subclause.'';
(C) by redesignating clause (iii) as clause (iv);
and
(D) by inserting after clause (ii) the following:
``(iii) An employee of the Agency who intends to report to Congress
a complaint or information may report such complaint or information to
the Chairman and Vice Chairman or Ranking Member, as the case may be,
of an intelligence committee or another committee of jurisdiction of
the Senate or the House of Representatives, a nonpartisan member of the
committee staff designated for purposes of receiving complaints or
information under this section, or a member of the majority staff and a
member of the minority staff of the committee.''.
(3) Clarification of right to report directly to
congress.--Subparagraph (A) of such section is amended--
(A) by inserting ``(i)'' before ``An employee of'';
and
(B) by adding at the end the following:
``(ii) Subject to clauses (ii) and (iii) of subparagraph (D), an
employee of the Agency who intends to report to Congress a complaint or
information may report such complaint or information directly to
Congress, regardless of whether the complaint or information is with
respect to an urgent concern--
``(I) in lieu of reporting such complaint or information
under clause (i); or
``(II) in addition to reporting such complaint or
information under clause (i).''.
(d) Rule of Construction.--Nothing in this section or an amendment
made by this section shall be construed to revoke or diminish any right
of an individual provided by section 2303 of title 5, United States
Code.
SEC. 602. PROHIBITION AGAINST DISCLOSURE OF WHISTLEBLOWER IDENTITY AS
REPRISAL AGAINST WHISTLEBLOWER DISCLOSURE BY EMPLOYEES
AND CONTRACTORS IN INTELLIGENCE COMMUNITY.
(a) In General.--Section 1104 of the National Security Act of 1947
(50 U.S.C. 3234) is amended--
(1) in subsection (a)(3) of such section--
(A) in subparagraph (I), by striking ``; or'' and
inserting a semicolon;
(B) by redesignating subparagraph (J) as
subparagraph (K); and
(C) by inserting after subparagraph (I) the
following:
``(J) a knowing and willful disclosure revealing
the identity or other personally identifiable
information of an employee or contractor employee so as
to identify the employee or contractor employee as an
employee or contractor employee who has made a lawful
disclosure described in subsection (b) or (c); or'';
(2) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(3) by inserting after subsection (e) the following:
``(f) Personnel Actions Involving Disclosure of Whistleblower
Identity.--A personnel action described in subsection (a)(3)(J) shall
not be considered to be in violation of subsection (b) or (c) under the
following circumstances:
``(1) The personnel action was taken with the express
consent of the employee or contractor employee.
``(2) An Inspector General with oversight responsibility
for a covered intelligence community element determines that--
``(A) the personnel action was unavoidable under
section 103H(g)(3)(A) of this Act (50 U.S.C.
3033(g)(3)(A)), section 17(e)(3)(A) of the Central
Intelligence Agency Act of 1949 (50 U.S.C.
3517(e)(3)(A)), section 407(b) of title 5, United
States Code, or section 420(b)(2)(B) of such title;
``(B) the personnel action was made to an official
of the Department of Justice responsible for
determining whether a prosecution should be undertaken;
or
``(C) the personnel action was required by statute
or an order from a court of competent jurisdiction.''.
(b) Applicability to Detailees.--Subsection (a) of section 1104 of
such Act (50 U.S.C. 3234) is amended by adding at the end the
following:
``(5) Employee.--The term `employee', with respect to an
agency or a covered intelligence community element, includes an
individual who has been detailed to such agency or covered
intelligence community element.''.
(c) Private Right of Action for Unlawful Disclosure of
Whistleblower Identity.--Subsection (g) of such section, as
redesignated by subsection (a)(2) of this section, is amended to read
as follows:
``(g) Enforcement.--
``(1) In general.--Except as otherwise provided in this
subsection, the President shall provide for the enforcement of
this section.
``(2) Harmonization with other enforcement.--To the fullest
extent possible, the President shall provide for enforcement of
this section in a manner that is consistent with the
enforcement of section 2302(b)(8) of title 5, United States
Code, especially with respect to policies and procedures used
to adjudicate alleged violations of such section.
``(3) Private right of action for disclosures of
whistleblower identity in violation of prohibition against
reprisals.--Subject to paragraph (4), in a case in which an
employee of an agency takes a personnel action described in
subsection (a)(3)(J) against an employee of a covered
intelligence community element as a reprisal in violation of
subsection (b) or in a case in which an employee or contractor
employee takes a personnel action described in subsection
(a)(3)(J) against another contractor employee as a reprisal in
violation of subsection (c), the employee or contractor
employee against whom the personnel action was taken may,
consistent with section 1221 of title 5, United States Code,
bring a private action for all appropriate remedies, including
injunctive relief and compensatory and punitive damages, in an
amount not to exceed $250,000, against the agency of the
employee or contracting agency of the contractor employee who
took the personnel action, in a Federal district court of
competent jurisdiction.
``(4) Requirements.--
``(A) Review by inspector general and by external
review panel.--Before the employee or contractor
employee may bring a private action under paragraph
(3), the employee or contractor employee shall exhaust
administrative remedies by--
``(i) first, obtaining a disposition of
their claim by requesting review by the
appropriate inspector general; and
``(ii) second, if the review under clause
(i) does not substantiate reprisal, by
submitting to the Inspector General of the
Intelligence Community a request for a review
of the claim by an external review panel under
section 1106.
``(B) Period to bring action.--The employee or
contractor employee may bring a private right of action
under paragraph (3) during the 180-day period beginning
on the date on which the employee or contractor
employee is notified of the final disposition of their
claim under section 1106.''.
SEC. 603. ESTABLISHING PROCESS PARITY FOR ADVERSE SECURITY CLEARANCE
AND ACCESS DETERMINATIONS.
Subparagraph (C) of section 3001(j)(4) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(4)) is amended
to read as follows:
``(C) Contributing factor.--
``(i) In general.--Subject to clause (iii),
in determining whether the adverse security
clearance or access determination violated
paragraph (1), the agency shall find that
paragraph (1) was violated if the individual
has demonstrated that a disclosure described in
paragraph (1) was a contributing factor in the
adverse security clearance or access
determination taken against the individual.
``(ii) Circumstantial evidence.--An
individual under clause (i) may demonstrate
that the disclosure was a contributing factor
in the adverse security clearance or access
determination taken against the individual
through circumstantial evidence, such as
evidence that--
``(I) the official making the
determination knew of the disclosure;
and
``(II) the determination occurred
within a period such that a reasonable
person could conclude that the
disclosure was a contributing factor in
the determination.
``(iii) Defense.--In determining whether
the adverse security clearance or access
determination violated paragraph (1), the
agency shall not find that paragraph (1) was
violated if, after a finding that a disclosure
was a contributing factor, the agency
demonstrates by clear and convincing evidence
that it would have made the same security
clearance or access determination in the
absence of such disclosure.''.
SEC. 604. ELIMINATION OF CAP ON COMPENSATORY DAMAGES FOR RETALIATORY
REVOCATION OF SECURITY CLEARANCES AND ACCESS
DETERMINATIONS.
Section 3001(j)(4)(B) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(j)(4)(B)) is amended, in the
second sentence, by striking ``not to exceed $300,000''.
SEC. 605. MODIFICATION AND REPEAL OF REPORTING REQUIREMENTS.
(a) Modification of Frequency of Whistleblower Notifications to
Inspector General of the Intelligence Community.--Section 5334(a) of
the Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020 (Public Law
116-92; 50 U.S.C. 3033 note) is amended by striking ``in real time''
and inserting ``monthly''.
(b) Repeal of Requirement for Inspectors General Reviews of
Enhanced Personnel Security Programs.--
(1) In general.--Section 11001 of title 5, United States
Code, is amended--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection
(d).
(2) Technical corrections.--Subsection (d) of section 11001
of such title, as redesignated by paragraph (1)(B), is
amended--
(A) in paragraph (3), by adding ``and'' after the
semicolon at the end; and
(B) in paragraph (4), by striking ``; and'' and
inserting a period.
TITLE VII--CLASSIFICATION REFORM
Subtitle A--Classification Reform Act of 2023
CHAPTER 1--SHORT TITLE; DEFINITIONS
SEC. 701. SHORT TITLE.
This subtitle may be cited as the ``Classification Reform Act of
2023''.
SEC. 702. DEFINITIONS.
Title VIII of the National Security Act of 1947 (50 U.S.C. 3161 et
seq.) is amended--
(1) in the title heading by striking ``ACCESS TO CLASSIFIED
INFORMATION PROCEDURES'' and inserting ``PROTECTION OF NATIONAL
SECURITY INFORMATION'';
(2) in the matter before section 801, by inserting the
following:
``Subtitle A--Definitions
``SEC. 800. DEFINITIONS.
``In this title:
``(1) Agency.--The term `agency' means any Executive agency
as defined in section 105 of title 5, United States Code, any
military department as defined in section 102 of such title,
and any other entity in the executive branch of the Federal
Government that comes into the possession of classified
information.
``(2) Authorized investigative agency.--The term
`authorized investigative agency' means an agency authorized by
law or regulation to conduct a counterintelligence
investigation or investigations of persons who are proposed for
access to classified information to ascertain whether such
persons satisfy the criteria for obtaining and retaining access
to such information.
``(3) Classify, classified, classification.--The terms
`classify', `classified', and `classification' refer to the
process by which information is determined to require
protection from unauthorized disclosure pursuant to this title
in order to protect the national security of the United States.
``(4) Classified information.--The term `classified
information' means information that has been classified.
``(5) Computer.--The term `computer' means any electronic,
magnetic, optical, electrochemical, or other high-speed data
processing device performing logical, arithmetic, or storage
functions, and includes any data storage facility or
communications facility directly related to or operating in
conjunction with such device and any data or other information
stored or contained in such device.
``(6) Consumer reporting agency.--The term `consumer
reporting agency' has the meaning given such term in section
603 of the Consumer Credit Protection Act (15 U.S.C. 1681a).
``(7) Declassify, declassified, declassification.--The
terms `declassify', `declassified', and `declassification'
refer to the process by which information that has been
classified is determined to no longer require protection from
unauthorized disclosure pursuant to this title.
``(8) Document.--The term `document' means any recorded
information, regardless of the nature of the medium or the
method or circumstances of recording.
``(9) Employee.--The term `employee' includes any person
who receives a salary or compensation of any kind from the
United States Government, is a contractor of the United States
Government or an employee thereof, is an unpaid consultant of
the United States Government, or otherwise acts for or on
behalf of the United States Government, except as otherwise
determined by the President.
``(10) Executive agent for classification and
declassification.--The term `Executive Agent for Classification
and Declassification' means the Executive Agent for
Classification and Declassification established by section
811(a).
``(11) Financial agency and holding company.--The terms
`financial agency' and `financial institution' have the
meanings given to such terms in section 5312(a) of title 31,
United States Code, and the term `holding company' has the
meaning given to such term in section 1101(6) of the Right to
Financial Privacy Act of 1978 (12 U.S.C. 3401).
``(12) Foreign power and agent of a foreign power.--The
terms `foreign power' and `agent of a foreign power' have the
meanings given such terms in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
``(13) Information.--The term `information' means any
knowledge that can be communicated, or documentary material,
regardless of its physical form or characteristics, that is
owned by, is produced by or for, or is under the control of the
United States Government.
``(14) Information security oversight office.--The term
`Information Security Oversight Office' means the Information
Security Oversight Office established by section 814(a).
``(15) Original classification authority.--The term
`original classification authority' means an individual
authorized in writing, either by the President, the Vice
President, or by agency heads or other officials designated by
the President, to classify information in the first instance.
``(16) Records.--The term `records' means the records of an
agency and Presidential papers or Presidential records, as
those terms are defined in title 44, United States Code,
including those created or maintained by a government
contractor, licensee, certificate holder, or grantee that are
subject to the sponsoring agency's control under the terms of
the contract, license, certificate, or grant.
``(17) State.--The term `State' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern
Mariana Islands, the United States Virgin Islands, Guam,
American Samoa, the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Republic of Palau, and
any other possession of the United States.
``Subtitle B--Access to Classified Information Procedures''; and
(3) by striking section 805.
CHAPTER 2--GOVERNANCE AND ACCOUNTABILITY FOR REFORM OF THE SECURITY
CLASSIFICATION SYSTEM
SEC. 711. EXECUTIVE AGENT FOR CLASSIFICATION AND DECLASSIFICATION.
Title VIII of the National Security Act of 1947 (50 U.S.C. 3161 et
seq.), as amended by section 702, is further amended by adding at the
end the following:
``Subtitle C--Security Classification Governance
``SEC. 811. EXECUTIVE AGENT FOR CLASSIFICATION AND DECLASSIFICATION.
``(a) Establishment.--There is in the executive branch of the
Federal Government an Executive Agent for Classification and
Declassification who shall be responsible for promoting programs,
processes, and systems relating to classification and declassification,
including developing technical solutions for automating
declassification review and directing resources for such purposes in
the Federal Government.
``(b) Designation.--The Director of National Intelligence shall
serve as the Executive Agent for Classification and Declassification.
``(c) Duties.--The duties of the Executive Agent for Classification
and Declassification are as follows:
``(1) To promote classification and declassification
programs, processes, and systems with the goal of ensuring that
declassification activities keep pace with classification
activities and that classified information is declassified at
such time as it no longer meets the standard for
classification.
``(2) To promote classification and declassification
programs, processes, and systems that ensure secure management
of and tracking of classified records.
``(3) To promote the establishment of a federated
classification and declassification system to streamline,
modernize, and oversee declassification across agencies.
``(4) To direct resources to develop, coordinate, and
implement a federated classification and declassification
system that includes technologies that automate
declassification review and promote consistency in
declassification determinations across the executive branch of
the Federal Government.
``(5) To work with the Director of the Office of Management
and Budget in developing a line item for classification and
declassification in each budget of the President that is
submitted for a fiscal year under section 1105(a) of title 31,
United States Code.
``(6) To identify and support the development of--
``(A) best practices for classification and
declassification among agencies; and
``(B) goal-oriented classification and
declassification pilot programs.
``(7) To promote and implement technological and automated
solutions relating to classification and declassification, with
human input as necessary for key policy decisions.
``(8) To promote feasible, sustainable, and interoperable
programs and processes to facilitate a federated classification
and declassification system.
``(9) To direct the implementation across agencies of the
most effective programs and approaches relating to
classification and declassification.
``(10) To establish, oversee, and enforce acquisition and
contracting policies relating to classification and
declassification programs.
``(11) In coordination with the Information Security
Oversight Office--
``(A) to issue policies and directives to the heads
of agencies relating to directing resources and making
technological investments in classification and
declassification that include support for a federated
system;
``(B) to ensure implementation of the policies and
directives issued under subparagraph (A);
``(C) to collect information on classification and
declassification practices and policies across
agencies, including training, accounting, challenges to
effective declassification, and costs associated with
classification and declassification;
``(D) to develop policies for ensuring the accuracy
of information obtained from Federal agencies; and
``(E) to develop accurate and relevant metrics for
judging the success of classification and
declassification policies and directives.
``(12) To work with appropriate agencies to oversee the
implementation of policies, procedures, and processes governing
the submission of materials for pre-publication review by
persons obligated to submit materials for such review by the
terms of a nondisclosure agreement signed in accordance with
Executive Order 12968 (50 U.S.C. 3161 note; relating to access
to classified information), or successor order, and to ensure
such policies, procedures, and processes--
``(A) include clear and consistent guidance on
materials that must be submitted and the mechanisms for
making such submissions;
``(B) produce timely and consistent determinations
across agencies; and
``(C) incorporate mechanisms for the timely appeal
of such determinations.
``(d) Consultation With Executive Committee on Classification and
Declassification Programs and Technology.--In making decisions under
this section, the Executive Agent for Classification and
Declassification shall consult with the Executive Committee on
Classification and Declassification Programs and Technology established
under section 102(a).
``(e) Coordination With the National Declassification Center.--In
implementing a federated classification and declassification system,
the Executive Agent for Classification and Declassification shall act
in coordination with the National Declassification Center established
by section 3.7(a) of Executive Order 13526 (50 U.S.C. 3161 note;
relating to classified national security information), or successor
order.
``(f) Standards and Directives of the Information Security
Oversight Office.--The programs, policies, and systems promoted by the
Executive Agent for Classification and Declassification shall be
consistent with the standards and directives established by the
Information Security Oversight Office.
``(g) Annual Report.--
``(1) In general.--Not later than the end of the first full
fiscal year beginning after the date of the enactment of the
Classification Reform Act of 2023 and not less frequently than
once each fiscal year thereafter, the Executive Agent for
Classification and Declassification shall submit to Congress
and make available to the public a report on the implementation
of classification and declassification programs and processes
in the most recently completed fiscal year.
``(2) Coordination.--Each report submitted and made
available under paragraph (1) shall be coordinated with the
annual report of the Information Security Oversight Office
issued pursuant to section 814(d).
``(3) Contents.--Each report submitted and made available
under subsection (a) shall include, for the period covered by
the report, the following:
``(A) The costs incurred by the Federal Government
for classification and declassification.
``(B) A description of information systems of the
Federal Government and technology programs, processes,
and systems of agencies related to classification and
declassification.
``(C) A description of the policies and directives
issued by the Executive Agent for Classification and
Declassification and other activities of the Executive
Agent for Classification and Declassification.
``(D) A description of the challenges posed to
agencies in implementing the policies and directives of
the Executive Agent for Classification and
Declassification as well as relevant implementing
policies of the agencies.
``(E) A description of pilot programs and new
investments in programs, processes, and systems
relating to classification and declassification and
metrics of effectiveness for such programs, processes,
and systems.
``(F) A description of progress and challenges in
achieving the goal described in (c)(1).
``(h) Funding.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to carry out this section amounts
as follows:
``(A) $5,000,000 for fiscal year 2024.
``(B) For fiscal year 2025 and each fiscal year
thereafter, such sums as may be necessary to carry out
this section.
``(2) Budget estimates.--In each budget that the President
submits to Congress for a fiscal year under section 1105(a) of
title 31, United States Code, the President shall include an
estimate of the amounts required to carry out this section in
that fiscal year.''.
SEC. 712. EXECUTIVE COMMITTEE ON CLASSIFICATION AND DECLASSIFICATION
PROGRAMS AND TECHNOLOGY.
Subtitle C of title VIII of the National Security Act of 1947 (50
U.S.C. 3161 et seq.), as added by section 711, is further amended by
adding at the end the following:
``SEC. 812. EXECUTIVE COMMITTEE ON CLASSIFICATION AND DECLASSIFICATION
PROGRAMS AND TECHNOLOGY.
``(a) Establishment.--There is established a committee to provide
direction, advice, and guidance to the Executive Agent for
Classification and Declassification on matters relating to
classification and declassification programs and technology.
``(b) Designation.--The committee established by subsection (a)
shall be known as the `Executive Committee on Classification and
Declassification Programs and Technology' (in this section referred to
as the `Committee').
``(c) Membership.--
``(1) Composition.--The Committee shall be composed of the
following:
``(A) The Director of National Intelligence.
``(B) The Under Secretary of Defense for
Intelligence.
``(C) The Secretary of Energy.
``(D) The Secretary of State.
``(E) The Director of the National Declassification
Center.
``(F) The Director of the Information Security
Oversight Board.
``(G) The Director of the Office of Management and
Budget.
``(H) Such other members as the Executive Agent for
Classification and Declassification considers
appropriate.
``(2) Chairperson.--The President shall appoint the
chairperson of the Committee.''.
SEC. 713. ADVISORY BODIES FOR EXECUTIVE AGENT FOR CLASSIFICATION AND
DECLASSIFICATION.
Subtitle C of title VIII of the National Security Act of 1947 (50
U.S.C. 3161 et seq.), as added by section 711 and amended by section
712, is further amended by adding at the end the following:
``SEC. 813. ADVISORY BODIES FOR EXECUTIVE AGENT FOR CLASSIFICATION AND
DECLASSIFICATION.
``The following are hereby advisory bodies for the Executive Agent
for Classification and Declassification:
``(1) The Public Interest Declassification Board
established by section 703(a) of the Public Interest
Declassification Act of 2000 (Public Law 106-567).
``(2) The Office of the Historian of the Department of
State.
``(3) The Historical Office of the Secretary of Defense.
``(4) The Office of the Chief Historian of the Central
Intelligence Agency.''.
SEC. 714. INFORMATION SECURITY OVERSIGHT OFFICE.
Subtitle C of title VIII of the National Security Act of 1947 (50
U.S.C. 3161 et seq.), as added by section 711 and amended by sections
712 and 713, is further amended by adding at the end the following:
``SEC. 814. INFORMATION SECURITY OVERSIGHT OFFICE.
``(a) Establishment.--
``(1) In general.--There is hereby established in the
executive branch of the Federal Government an office to ensure
the Government protects and provides proper access to
information to advance the national and public interest by
standardizing and assessing the management of classified and
controlled unclassified information through oversight, policy
development, guidance, education, and reporting.
``(2) Designation.--The office established by paragraph (1)
shall be known as the `Information Security Oversight Office'
(in this section referred to as the `Office').
``(b) Director.--There is in the Office a director who shall be the
head of the Office and who shall be appointed by the President.
``(c) Duties.--The duties of the director of the Office, which the
director shall carry out in coordination with the Executive Agent for
Classification and Declassification, are as follows:
``(1) To develop directives to implement a uniform system
across the United States Government for classifying,
safeguarding, declassifying, and downgrading of national
security information.
``(2) To oversee implementation of such directives by
agencies through establishment of strategic goals and
objectives and periodic assessment of agency performance vis-a-
vis such goals and objectives.
``(d) Annual Report.--Each fiscal year, the director of the Office
shall submit to Congress a report on the execution of the duties of the
director under subsection (c).
``(e) Funding.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated to carry out this section amounts
as follows:
``(A) $5,000,000 for fiscal year 2024.
``(B) For fiscal year 2025 and each fiscal year
thereafter, such sums as may be necessary to carry out
this section.
``(2) Budget estimates.--In each budget that the President
submits to Congress for a fiscal year under section 1105(a) of
title 31, United States Code, the President shall include an
estimate of the amounts required to carry out this section in
that fiscal year.''.
CHAPTER 3--REDUCING OVERCLASSIFICATION
SEC. 721. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.
(a) In General.--Title VIII of the National Security Act of 1947,
as amended by chapter 2 of this subtitle, is further amended by adding
at the end the following:
``Subtitle D--Classification and Declassification
``SEC. 821. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.
``(a) In General.--The President may, in accordance with this
title, protect from unauthorized disclosure any information owned by,
produced by or for, or under the control of the executive branch when
there is a demonstrable need to do so in order to protect the national
security of the United States.
``(b) Establishment of Standards and Procedures for Classification
and Declassification.--
``(1) Governmentwide procedures.--
``(A) Classification.--The President shall, to the
extent necessary, establish categories of information
that may be classified and procedures for classifying
information under subsection (a).
``(B) Declassification.--At the same time the
President establishes categories and procedures under
subparagraph (A), the President shall establish
procedures for declassifying information that was
previously classified.
``(C) Minimum requirements.--The procedures
established pursuant to subparagraphs (A) and (B)
shall--
``(i) permit the classification of
information only in cases in which the
information meets the standard set forth in
subsection (c) and require the declassification
of information that does not meet such
standard;
``(ii) provide for no more than two levels
of classification;
``(iii) provide for the declassification of
information classified under this title in
accordance with subsection (d);
``(iv) provide for the automatic
declassification of classified records with
permanent historical value in accordance with
subsection (e); and
``(v) provide for the timely review of
materials submitted for pre-publication review
in accordance with subsection (g).
``(2) Notice and comment.--
``(A) Notice.--The President shall publish in the
Federal Register notice regarding the categories and
procedures proposed to be established under paragraph
(1).
``(B) Comment.--The President shall provide an
opportunity for interested persons to submit comments
on the categories and procedures covered by
subparagraph (A).
``(C) Deadline.--The President shall complete the
establishment of categories and procedures under this
subsection not later than 60 days after publishing
notice in the Federal Register under subparagraph (A).
Upon completion of the establishment of such categories
and procedures, the President shall publish in the
Federal Register notice regarding such categories and
procedures.
``(3) Modification.--In the event the President determines
to modify any categories or procedures established under
paragraph (1), subparagraphs (A) and (B) of paragraph (2) shall
apply to the modification of such categories or procedures.
``(4) Agency standards and procedures.--
``(A) In general.--The head of each agency shall
establish a single set of consolidated standards and
procedures to permit such agency to classify and
declassify information created by such agency in
accordance with the categories and procedures
established by the President under this section and
otherwise to carry out this title.
``(B) Deadline.--Each agency head shall establish
the standards and procedures under subparagraph (A) not
later than 60 days after the date on which the
President publishes notice under paragraph (2)(C) of
the categories and standards established by the
President under this subsection.
``(C) Submittal to congress.--Each agency head
shall submit to Congress the standards and procedures
established by such agency head under this paragraph.
``(c) Standard for Classification and Declassification.--
``(1) In general.--Subject to paragraphs (2) and (3),
information may be classified under this title, and classified
information under review for declassification under this title
may remain classified, only if the harm to national security
that might reasonably be expected from disclosure of such
information outweighs the public interest in disclosure of such
information.
``(2) Default rules.--
``(A) Default with respect to classification.--In
the event of significant doubt as to whether the harm
to national security that might reasonably be expected
from the disclosure of information would outweigh the
public interest in the disclosure of such information,
such information shall not be classified.
``(B) Default with respect to declassification.--In
the event of significant doubt as to whether the harm
to national security that might reasonably be expected
from the disclosure of information previously
classified under this title would outweigh the public
interest in the disclosure of such information, such
information shall be declassified.
``(3) Criteria.--For purposes of this subsection, in
determining the harm to national security that might reasonably
be expected from disclosure of information, and the public
interest in the disclosure of information, the official making
the determination shall consider the following:
``(A) With regard to the harm to national security
that might reasonably be expected from disclosure of
information, whether or not disclosure of the
information would--
``(i) reveal the identity of a confidential
human source, or reveal information about the
application of an intelligence source or
method, or reveal the identity of a human
intelligence source when the unauthorized
disclosure of that source would clearly and
demonstrably damage the national security
interests of the United States;
``(ii) reveal information that would assist
in the development or use of weapons of mass
destruction;
``(iii) reveal information that would
impair United States cryptologic systems or
activities;
``(iv) reveal information that would impair
the application of state-of-the-art technology
within a United States weapons system;
``(v) reveal actual United States military
war plans that remain in effect;
``(vi) reveal information that would
seriously and demonstrably impair relations
between the United States and a foreign
government, or seriously and demonstrably
undermine ongoing diplomatic activities of the
United States;
``(vii) reveal information that would
clearly and demonstrably impair the current
ability of United States Government officials
to protect the President, Vice President, and
other officials for whom protection services,
in the interest of national security, are
authorized;
``(viii) reveal information that would
seriously and demonstrably impair current
national security emergency preparedness plans;
or
``(ix) violate a statute, treaty, or
international agreement.
``(B) With regard to the public interest in
disclosure of information--
``(i) whether or not disclosure of the
information would better enable United States
citizens to hold Government officials
accountable for their actions and policies;
``(ii) whether or not disclosure of the
information would assist the United States
criminal justice system in holding persons
responsible for criminal acts or acts contrary
to the Constitution;
``(iii) whether or not disclosure of the
information would assist Congress, or any
committee or subcommittee thereof, in carrying
out its oversight responsibilities with regard
to the executive branch or in adequately
informing itself of executive branch policies
and activities in order to carry out its
legislative responsibilities;
``(iv) whether the disclosure of the
information would assist Congress or the public
in understanding the interpretation of the
Federal Government of a provision of law,
including Federal regulations, Presidential
directives, statutes, case law, and the
Constitution of the United States; or
``(v) whether or not disclosure of the
information would bring about any other
significant benefit, including an increase in
public awareness or understanding of Government
activities or an enhancement of Government
efficiency.
``(4) Written justification for classification.--
``(A) Original classification.--Each agency
official who makes a decision to classify information
not previously classified shall, at the time of the
classification decision--
``(i) identify himself or herself; and
``(ii) provide in writing a detailed
justification of that decision.
``(B) Derivative classification.--In any case in
which an agency official or contractor employee
classifies a document on the basis of information
previously classified that is included or referenced in
the document, the official or employee, as the case may
be, shall--
``(i) identify himself or herself in that
document; and
``(ii) use a concise notation, or similar
means, to document the basis for that decision.
``(5) Classification prohibitions and limitations.--
``(A) In general.--In no case shall information be
classified, continue to be maintained as classified, or
fail to be declassified in order--
``(i) to conceal violations of law,
inefficiency, or administrative error;
``(ii) to prevent embarrassment to a
person, organization, or agency;
``(iii) to restrain competition; or
``(iv) to prevent or delay the release of
information that does not require protection in
the interest of national security.
``(B) Basic scientific research.--Basic scientific
research information not clearly related to national
security shall not be classified.
``(C) Reclassification.--Information may not be
reclassified after being declassified and release to
the public under proper authority unless personally
approved by the President based on a determination that
such reclassification is required to prevent
significant and demonstrable damage to national
security;
``(d) Declassification of Information Classified Under Act.--
``(1) In general.--No information may remain classified
indefinitely.
``(2) Maximum period of classification.--Except as provided
in paragraphs (3), (4), and (5), information may not remain
classified under this title after the date that is 25 years
after the date of the original classification of the
information.
``(3) Earlier declassification.--When classifying
information under this title, an agency official may provide
for the declassification of the information as of a date or
event that is earlier than the date otherwise provided for
under paragraph (2).
``(4) Later declassification.--When classifying information
under this title, an agency official may provide for the
declassification of the information on the date that is 50
years after the date of the classification if the head of the
agency--
``(A) determines that there is no likely set of
circumstances under which declassification would occur
within the time otherwise provided for under paragraph
(2);
``(B)(i) obtains the concurrence of the director of
the Information Security Oversight Office in the
determination; or
``(ii) seeks but is unable to obtain concurrence
under clause (i), obtains the concurrence of the
President; and
``(C) submits to the President a certification of
the determination.
``(5) Postponement of declassification.--
``(A) In general.--The declassification of any
information or category of information that would
otherwise be declassified under paragraph (2) or (4)
may be postponed, but only with the personal approval
of the President based on a determination that such
postponement is required to prevent significant and
demonstrable damage to the national security of the
United States.
``(B) General duration of postponement.--
Information the declassification of which is postponed
under this paragraph may remain classified not longer
than 10 years after the date of the postponement,
unless such classification is renewed by the President.
``(C) Congressional notification.--Within 30 days
of any postponement or renewal of a postponement under
this paragraph, the President shall provide written
notification to Congress of such postponement or
renewal that describes the significant and demonstrable
damage to the national security of the United States
that justifies such postponement or renewal.
``(6) Basis for determinations.--An agency official making
a determination under this subsection with respect to the
duration of classification of information, or the
declassification of information, shall make the determination
required under subsection (c) with respect to classification or
declassification in accordance with an assessment of the
criteria specified in paragraph (3) of such subsection (c) that
is current as of the determination.
``(e) Automatic Declassification of Classified Records.--
``(1) In general.--Except as provided in paragraph (2), all
classified records that are more than 50 years old and have
been determined to have permanent historical value under title
44, United States Code, shall be automatically declassified on
December 31 of the year that is 50 years after the date on
which the records were created, whether or not the records have
been reviewed.
``(2) Postponement.--
``(A) Agency postponement.--The head of an agency
may postpone automatic declassification under paragraph
(1) of specific records or information, or renew a
period of postponed automatic declassification, if the
agency head determines that disclosure of the records
or information would clearly and demonstrably be
expected--
``(i) to reveal the identity of a
confidential human source or a human
intelligence source; or
``(ii) to reveal information that would
assist in the development, production, or use
of weapons of mass destruction.
``(B) Presidential postponement.--The President may
postpone automatic declassification under paragraph (1)
of specific records or information if the President
determines that such postponement is required to
prevent significant and demonstrable damage to the
national security of the United States.
``(C) General duration of postponement.--A period
of postponement of automatic declassification under
this paragraph shall not exceed 10 years after the date
of the postponement, unless renewed by the agency head
who postponed the automatic declassification or the
President.
``(D) Congressional notification.--Within 30 days
of any postponement or renewal of a postponement under
this paragraph, the President or the head of the agency
responsible for the postponement shall provide written
notification to Congress of such postponement or
renewal that describes the justification for such
postponement or renewal.
``(f) Declassification of Current Classified Information.--
``(1) Procedures.--The President shall establish procedures
for declassifying information that was classified before the
date of the enactment of the Classification Reform Act of 2023.
Such procedures shall, to the maximum extent practicable, be
consistent with the provisions of this section.
``(2) Automatic declassification.--The procedures
established under paragraph (1) shall include procedures for
the automatic declassification of information referred to in
paragraph (1) that has remained classified for more than 25
years as of such date.
``(3) Notice and comment.--
``(A) Notice.--The President shall publish notice
in the Federal Register of the procedures proposed to
be established under this subsection.
``(B) Comment.--The President shall provide an
opportunity for interested persons to submit comments
on the procedures covered by subparagraph (A).
``(C) Deadline.--The President shall complete the
establishment of procedures under this subsection not
later than 60 days after publishing notice in the
Federal Register under subparagraph (A). Upon
completion of the establishment of such procedures, the
President shall publish in the Federal Register notice
regarding such procedures.
``(g) Pre-publication Review.--
``(1) In general.--The head of each agency that requires
personnel to sign a nondisclosure agreement in accordance with
Executive Order 12968 (50 U.S.C. 3161 note; relating to access
to classified information), or successor order, providing for
the submittal of materials for pre-publication review, shall
establish a process for the timely review of such materials
consistent with the requirements of this title.
``(2) Requirements.--Each process established under
paragraph (1) shall include the following:
``(A) Clear guidance on materials required to be
submitted and the means of submission.
``(B) Mechanisms for ensuring consistent decision
making across multiple agencies.
``(C) Mechanisms for appeal of decisions made in
the course of the review process.
``(3) Centralized appeal.--The President shall establish a
mechanism for centralized appeal of agency decisions made
pursuant to this subsection.''.
(b) Conforming Amendment to FOIA.--Section 552(b)(1) of title 5,
United States Code, is amended to read as follows:
``(1)(A) specifically authorized to be classified under the
title VIII of the National Security Act of 1947, or
specifically authorized under criteria established by an
Executive order to be kept secret in the interest of national
security; and
``(B) are in fact properly classified pursuant to that
title or Executive order;''.
(c) Effective Date.--
(1) In general.--Section 821 of the National Security Act
of 1947, as added by subsection (a), and the amendment made by
subsection (b), shall take effect on the date that is 180 days
after the date of the enactment of this Act.
(2) Relation to presidential directives.--Presidential
directives regarding classifying, safeguarding, and
declassifying national security information, including
Executive Order 13526 (50 U.S.C. 3161 note; relating to
classified national security information), or successor order,
in effect on the day before the date of the enactment of this
Act, as well as procedures issued pursuant to such Presidential
directives, shall remain in effect until superseded by
procedures issues pursuant to section 821 of the National
Security Act of 1947, as added by subsection (a).
SEC. 722. DECLASSIFICATION WORKING CAPITAL FUNDS.
Subtitle D of title VIII of the National Security Act of 1947, as
added by section 721, is amended by adding at the end the following:
``SEC. 822. DECLASSIFICATION WORKING CAPITAL FUNDS.
``(a) Definition of Covered Agency.--In this section, the term
`covered agency' means an agency that has original classification
authority.
``(b) Programs Required.--Not later than 90 days after the date of
the enactment of the Classification Reform Act of 2023, each head of a
covered agency shall establish a program for the automatic
declassification of classified records that have permanent historical
value.
``(c) Estimates.--Each head of a covered agency shall ensure that
the program established by the head pursuant to subsection (b) includes
a mechanism for estimating the number of classified records generated
by each subcomponent of the covered agency each fiscal year.
``(d) Declassification Working Capital Funds.--
``(1) Establishment.--For each covered agency, there is
established in the Treasury of the United States a fund to be
known as the `Declassification Working Capital Fund' of the
respective covered agency.
``(2) Contents of funds.--Each fund established under
paragraph (1) shall consist of the following:
``(A) Amounts transferred to the fund under
subsection (e).
``(B) Amounts appropriated to the fund.
``(3) Availability and use of funds.--Subject to the
concurrence of the Executive Agent for Classification and
Declassification, amounts in a fund of a covered agency
established by paragraph (1) shall be available, without fiscal
year limitation, to promote and implement technological and
automated solutions that are interoperable across covered
agencies to support the programs of covered agencies
established pursuant to subsection (b).
``(e) Transfers to the Funds.--Each head of a covered agency shall
issue regulations for the covered agency, subject to review and
approval by the Executive Agent for Classification and
Declassification, that require each subcomponent of the covered agency
to transfer, on a periodic basis, to the fund established for the
covered agency under subsection (c)(1), an amount for a period that
bears the same ratio to the total amount transferred to the fund by all
subcomponents of the covered agency for that period as the ratio of--
``(1) the estimate for the subcomponent pursuant to the
mechanism required by subsection (c) for that period; bears to
``(2) the aggregate of all of the estimates for all
subcomponents of the Executive agency under such mechanism for
the same period.''.
SEC. 723. TRANSPARENCY OFFICERS.
Section 1062(a) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (42 U.S.C. 2000ee-1(a)) is amended--
(1) in paragraph (3), by striking ``; and'' and inserting a
semicolon;
(2) in paragraph (4)(C), by striking the period at the end
and inserting ``; and'';
(3) by adding at the end the following:
``(5) assist the head of such department, agency, or
element and other officials of such department, agency, or
element in identifying records of significant public interest
and prioritizing appropriate review of such records in order to
facilitate the public disclosure of such records in redacted or
unredacted form.'';
(4) in paragraph (4), by redesignating subparagraphs (A)
through (C) as clauses (i) through (iii), respectively, and
indenting such clauses 2 ems to the right;
(5) by redesignating paragraphs (1) through (5) as
subparagraphs (A) through (E), respectively, and indenting such
subparagraphs 2 ems to the right;
(6) in the matter before subparagraph (A), as redesignated
by paragraph (5), by striking ``The Attorney General'' and
inserting the following:
``(1) In general.--The Attorney General''; and
(7) by adding at the end the following:
``(2) Determining public interest in disclosure.--In
assisting the head of a department, agency, or element and
other officials of such department, agency, or element in
identifying records of significant public interest under
subparagraph (E) of paragraph (1), a senior officer designated
under such paragraph shall consider--
``(A) whether or not disclosure of the information
would better enable United States citizens to hold
Federal Government officials accountable for their
actions and policies;
``(B) whether or not disclosure of the information
would assist the United States criminal justice system
in holding persons responsible for criminal acts or
acts contrary to the Constitution;
``(C) whether or not disclosure of the information
would assist Congress, or any committee or subcommittee
thereof, in carrying out its oversight responsibilities
with regard to the executive branch or in adequately
informing itself of executive branch policies and
activities in order to carry out its legislative
responsibilities;
``(D) whether the disclosure of the information
would assist Congress or the public in understanding
the interpretation of the Federal Government of a
provision of law, including Federal regulations,
Presidential directives, statutes, case law, and the
Constitution of the United States; or
``(E) whether or not disclosure of the information
would bring about any other significant benefit,
including an increase in public awareness or
understanding of Government activities or an
enhancement of Federal Government efficiency.''.
CHAPTER 4--PREVENTING MISHANDLING OF CLASSIFIED INFORMATION
SEC. 731. SECURITY REVIEW OF CERTAIN RECORDS OF THE PRESIDENT AND VICE
PRESIDENT.
Title VIII of the National Security Act of 1947, as amended by
chapters 2 and 3 of this subtitle, is further amended by adding at the
end the following:
``Subtitle E--Protection of Classified Information
``SEC. 831. SECURITY REVIEW OF CERTAIN RECORDS OF THE PRESIDENT AND
VICE PRESIDENT.
``(a) Definitions.--In this section:
``(1) Archivist, documentary material, presidential
records, personal records.--The terms `Archivist', `documentary
material', `Presidential records', and `personal records' have
the meanings given such terms in section 2201 of title 44,
United States Code.
``(2) Commingled or uncategorized records.--
``(A) In general.--Except as provided in
subparagraph (B), the term `commingled or uncategorized
records' means all documentary materials not
categorized as Presidential records or personal records
upon their creation or receipt and filed separately
pursuant to section 2203(d) of title 44, United States
Code.
``(B) Exception.--The term `commingled or
uncategorized records' does not include documentary
materials that are--
``(i) official records of an agency (as
defined in section 552(f) of title 5, United
States Code);
``(ii) stocks of publications and
stationery; or
``(iii) extra copies of documents produced
only for convenience of reference, when such
copies are clearly so identified.
``(3) Official records of an agency.--The term `official
records of an agency' means official records of an agency
within the meaning of such terms in section 552 of title 5,
United States.
``(b) Presumption as Presidential Records.--Commingled or
uncategorized records shall be presumed to be Presidential records,
unless the President or Vice President--
``(1) categorizes the commingled or uncategorized records
as personal records in accordance with subsection (c); or
``(2) determines the commingled or uncategorized records
are--
``(A) official records of an agency;
``(B) stocks of publications and stationery; or
``(C) extra copies of documents produced only for
convenience of reference, when such copies are clearly
so identified.
``(c) Categorizing Commingled or Uncategorized Records as Personal
Records.--At any time during the President or Vice President's term of
office, the President or Vice President may categorize commingled or
uncategorized records as personal records if--
``(1) the Archivist performs a security review of the
commingled or uncategorized records that is reasonably designed
to identify records that contain standard markings indicating
that records contain classified information;
``(2) the President obtains written confirmation from the
Archivist that the review conducted pursuant to paragraph (1)
did not identify any records that contain standard markings
indicating that records contain classified information or, if
such markings were improperly applied, that such markings have
been corrected; and
``(3) the President obtains written confirmation from the
Archivist that the Archivist is not aware of any other
requirement that would preclude categorizing the commingled or
uncategorized records as personal records.
``(d) Review of Commingled or Uncategorized Records of Former
Presidents and Vice Presidents.--
``(1) Requests for review.--During the 180-day period
following the end of the term of office of a former President
or Vice President--
``(A) the former President or Vice President may
request that the Archivist review the categorization of
any commingled or uncategorized records created or
received during the term of the former President or
Vice President; and
``(B) the Archivist shall perform a security review
of the commingled or uncategorized records pursuant to
the request.
``(2) Actions upon completion of review.--If, pursuant to a
review under paragraph (1), the Archivist determines that any
commingled or uncategorized records reviewed are improperly
categorized, the Archivist shall--
``(A) submit to the President a recommendation to
correct the categorization of the records; and
``(B) notify the former President or Vice President
of that recommendation.''.
SEC. 732. MANDATORY COUNTERINTELLIGENCE RISK ASSESSMENTS.
(a) In General.--Subtitle E of title VIII of the National Security
Act of 1947, as added by section 731, is amended by adding at the end
the following:
``SEC. 832. MANDATORY COUNTERINTELLIGENCE RISK ASSESSMENTS.
``(a) Mishandling or Unauthorized Disclosure of Classified
Information Defined.--In this section, the term `mishandling or
unauthorized disclosure of classified information' means any
unauthorized storage, retention, communication, confirmation,
acknowledgment, or physical transfer of classified information.
``(b) Assessments.--The Director of the National
Counterintelligence and Security Center shall prepare a written
assessment of the risk to national security from any mishandling or
unauthorized disclosure of classified information involving the conduct
of the President, Vice President, or an official listed in Level I of
the Executive Schedule under section 5312 of title 5, United States
Code, within 90 days of the detection of such mishandling or
unauthorized disclosure.
``(c) Description of Risks.--A written assessment prepared pursuant
to subsection (b) shall describe the risk to national security if the
classified information were to be exposed in public or to a foreign
adversary.
``(d) Submittal of Assessments.--Each written assessment prepared
pursuant to subsection (b) shall be submitted to Congress, in
classified form, upon completion.''.
(b) Prospective Application.--Section 832 of such Act, as added by
subsection (a), shall apply to incidents of mishandling or unauthorized
disclosure of classified information (as defined in such section)
detected on or after the date of the enactment of this Act.
SEC. 733. MINIMUM STANDARDS FOR EXECUTIVE AGENCY INSIDER THREAT
PROGRAMS.
(a) Definitions.--In this section, the terms ``agency'' and
``classified information'' have the meanings given such terms in
section 800 of the National Security Act of 1947, as added by section
702 of this subtitle.
(b) Establishment of Insider Threat Programs.--Each head of an
agency with access to classified information shall establish an insider
threat program to protect classified information from unauthorized
disclosure.
(c) Minimum Standards.--In carrying out an insider threat program
established by the head of an agency pursuant to subsection (b), the
head of the agency shall--
(1) designate a senior official of the agency who shall be
responsible for management of the program;
(2) monitor user activity on all classified networks in
order to detect activity indicative of insider threat behavior;
(3) build and maintain an insider threat analytic and
response capability to review, assess, and respond to
information obtained pursuant to paragraph (2); and
(4) provide insider threat awareness training to all
cleared employees within 30 days of entry on duty or granting
of access to classified information and annually thereafter.
(d) Annual Reports.--Not less frequently that once each year, the
Director of National Intelligence shall, serving as the Security
Executive Agent under section 803 of the National Security Act of 1947
(50 U.S.C. 3162a), submit to Congress an annual report on the
compliance of agencies with respect to the requirements of this
section.
CHAPTER 5--OTHER MATTERS
SEC. 741. PROHIBITIONS.
(a) Withholding Information From Congress.--Nothing in this
subtitle or an amendment made by this subtitle shall be construed to
authorize the withholding of information from Congress.
(b) Judicial Review.--Except in the case of the amendment to
section 552 of title 5, United States Code, made by section 721(b), no
person may seek or obtain judicial review of any provision of this
subtitle or any action taken under a provision of this subtitle.
SEC. 742. CONFORMING AMENDMENT.
Section 804 of the National Security Act of 1947 (50 U.S.C. 3163)
is amended by striking ``this title'' and inserting ``sections 801 and
802''.
SEC. 743. CLERICAL AMENDMENT.
The table of contents for the National Security Act of 1947 is
amended by striking the items relating to title VIII and inserting the
following:
``TITLE VIII--PROTECTION OF NATIONAL SECURITY INFORMATION
``Subtitle A--Definitions
``Sec. 800. Definitions.
``Subtitle B--Access to Classified Information Procedures
``Sec. 801. Procedures.
``Sec. 802. Requests by authorized investigative agencies.
``Sec. 803. Security Executive Agent.
``Sec. 804. Exceptions.
``Subtitle C--Security Classification Governance
``Sec. 811. Executive Agent for Classification and Declassification.
``Sec. 812. Executive Committee on Classification and Declassification
Programs and Technology.
``Sec. 813. Advisory bodies for Executive Agent for Classification and
Declassification.
``Sec. 814. Information Security Oversight Office.
``Subtitle D--Classification and Declassification
``Sec. 821. Classification and declassification of information.
``Sec. 822. Declassification working capital funds.
``Subtitle E--Protection of Classified Information
``Sec. 831. Security review of certain records of the President and
Vice President.
``Sec. 832. Mandatory counterintelligence risk assessments.''.
Subtitle B--Sensible Classification Act of 2023
SEC. 751. SHORT TITLE.
This subtitle may be cited as the ``Sensible Classification Act of
2023''.
SEC. 752. DEFINITIONS.
In this subtitle:
(1) Agency.--The term ``agency'' has the meaning given the
term ``Executive agency'' in section 105 of title 5, United
States Code.
(2) Classification.--The term ``classification'' means the
act or process by which information is determined to be
classified information.
(3) Classified information.--The term ``classified
information'' means information that has been determined
pursuant to Executive Order 12958 (50 U.S.C. 3161 note;
relating to classified national security information), or
successor order, to require protection against unauthorized
disclosure and is marked to indicate its classified status when
in documentary form.
(4) Declassification.--The term ``declassification'' means
the authorized change in the status of information from
classified information to unclassified information.
(5) Document.--The term ``document'' means any recorded
information, regardless of the nature of the medium or the
method or circumstances of recording.
(6) Downgrade.--The term ``downgrade'' means a
determination by a declassification authority that information
classified and safeguarded at a specified level shall be
classified and safeguarded at a lower level.
(7) Information.--The term ``information'' means any
knowledge that can be communicated or documentary material,
regardless of its physical form or characteristics, that is
owned by, is produced by or for, or is under the control of the
United States Government.
(8) Originate, originating, and originated.--The term
``originate'', ``originating'', and ``originated'', with
respect to classified information and an authority, means the
authority that classified the information in the first
instance.
(9) Records.--The term ``records'' means the records of an
agency and Presidential papers or Presidential records, as
those terms are defined in title 44, United States Code,
including those created or maintained by a government
contractor, licensee, certificate holder, or grantee that are
subject to the sponsoring agency's control under the terms of
the contract, license, certificate, or grant.
(10) Security clearance.--The term ``security clearance''
means an authorization to access classified information.
(11) Unauthorized disclosure.--The term ``unauthorized
disclosure'' means a communication or physical transfer of
classified information to an unauthorized recipient.
(12) Unclassified information.--The term ``unclassified
information'' means information that is not classified
information.
SEC. 753. FINDINGS AND SENSE OF THE SENATE.
(a) Findings.--The Senate makes the following findings:
(1) According to a report released by the Office of the
Director of Intelligence in 2020 titled ``Fiscal Year 2019
Annual Report on Security Clearance Determinations'', more than
4,000,000 individuals have been granted eligibility for a
security clearance.
(2) At least 1,300,000 of such individuals have been
granted access to information classified at the Top Secret
level.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) the classification system of the Federal Government is
in urgent need of reform;
(2) the number of people with access to classified
information is exceedingly high and must be justified or
reduced;
(3) reforms are necessary to reestablish trust between the
Federal Government and the people of the United States; and
(4) classification should be limited to the minimum
necessary to protect national security while balancing the
public's interest in disclosure.
SEC. 754. CLASSIFICATION AUTHORITY.
(a) In General.--The authority to classify information originally
may be exercised only by--
(1) the President and, in the performance of executive
duties, the Vice President;
(2) the head of an agency or an official of any agency
authorized by the President pursuant to a designation of such
authority in the Federal Register; and
(3) an official of the Federal Government to whom authority
to classify information originally has been delegated pursuant
to subsection (c).
(b) Scope of Authority.--An individual authorized by this section
to classify information originally at a specified level may also
classify the information originally at a lower level.
(c) Delegation of Original Classification Authority.--An official
of the Federal Government may be delegated original classification
authority subject to the following:
(1) Delegation of original classification authority shall
be limited to the minimum required to administer this section.
Agency heads shall be responsible for ensuring that designated
subordinate officials have a demonstrable and continuing need
to exercise this authority.
(2) Authority to originally classify information at the
level designated as ``Top Secret'' may be delegated only by the
President, in the performance of executive duties, the Vice
President, or an agency head or official designated pursuant to
subsection (a)(2).
(3) Authority to originally classify information at the
level designated as ``Secret'' or ``Confidential'' may be
delegated only by the President, in the performance of
executive duties, the Vice President, or an agency head or
official designated pursuant to subsection (a)(2), or the
senior agency official described in section 5.4(d) of Executive
Order 13526 (50 U.S.C. 3161 note; relating to classified
national security information), or successor order, provided
that official has been delegated ``Top Secret'' original
classification authority by the agency head.
(4) Each delegation of original classification authority
shall be in writing and the authority shall not be redelegated
except as provided by paragraphs (1), (2), and (3). Each
delegation shall identify the official by name or position
title.
(d) Training Required.--
(1) In general.--An individual may not be delegated
original classification authority under this section unless the
individual has first received training described in paragraph
(2).
(2) Training described.--Training described in this
paragraph is training on original classification that includes
instruction on the proper safeguarding of classified
information and of the criminal, civil, and administrative
sanctions that may be brought against an individual who fails
to protect classified information from unauthorized disclosure.
(e) Exceptional Cases.--
(1) In general.--When an employee, contractor, licensee,
certificate holder, or grantee of an agency who does not have
original classification authority originates information
believed by that employee, contractor, licensee, certificate
holder, or grantee to require classification, the information
shall be protected in a manner consistent with Executive Order
13526 (50 U.S.C. 3161 note; relating to classified national
security information), or successor order.
(2) Transmittal.--An employee, contractor, licensee,
certificate holder, or grantee described in paragraph (1), who
originates information described in such paragraph, shall
promptly transmit such information to--
(A) the agency that has appropriate subject matter
interest and classification authority with respect to
this information; or
(B) if it is not clear which agency has appropriate
subject matter interest and classification authority
with respect to the information, the Director of the
Information Security Oversight Office.
(3) Agency decisions.--An agency that receives information
pursuant to paragraph (2)(A) or (4) shall decide within 30 days
whether to classify this information.
(4) Information security oversight office action.--If the
Director of the Information Security Oversight Office receives
information under paragraph (2)(B), the Director shall
determine the agency having appropriate subject matter interest
and classification authority and forward the information, with
appropriate recommendations, to that agency for a
classification determination.
SEC. 755. PROMOTING EFFICIENT DECLASSIFICATION REVIEW.
(a) In General.--Whenever an agency is processing a request
pursuant to section 552 of title 5, United States Code (commonly known
as the ``Freedom of Information Act'') or the mandatory
declassification review provisions of Executive Order 13526 (50 U.S.C.
3161 note; relating to classified national security information), or
successor order, and identifies responsive classified records that are
more than 25 years of age as of December 31 of the year in which the
request is received, the head of the agency shall review the record and
process the record for declassification and release by the National
Declassification Center of the National Archives and Records
Administration.
(b) Application.--Subsection (a) shall apply--
(1) regardless of whether or not the record described in
such subsection is in the legal custody of the National
Archives and Records Administration; and
(2) without regard for any other provisions of law or
existing agreements or practices between agencies.
SEC. 756. TRAINING TO PROMOTE SENSIBLE CLASSIFICATION.
(a) Definitions.--In this section:
(1) Over-classification.--The term ``over-classification''
means classification at a level that exceeds the minimum level
of classification that is sufficient to protect the national
security of the United States.
(2) Sensible classification.--The term ``sensible
classification'' means classification at a level that is the
minimum level of classification that is sufficient to protect
the national security of the United States.
(b) Training Required.--Each head of an agency with classification
authority shall conduct training for employees of the agency with
classification authority to discourage over-classification and to
promote sensible classification.
SEC. 757. IMPROVEMENTS TO PUBLIC INTEREST DECLASSIFICATION BOARD.
Section 703 of the Public Interest Declassification Act of 2000 (50
U.S.C. 3355a) is amended--
(1) in subsection (c), by adding at the end the following:
``(5) A member of the Board whose term has expired may continue to
serve until a successor is appointed and sworn in.''; and
(2) in subsection (f)--
(A) by inserting ``(1)'' before ``Any employee'';
and
(B) by adding at the end the following:
``(2)(A) In addition to any employees detailed to the Board under
paragraph (1), the Board may hire not more than 12 staff members.
``(B) There are authorized to be appropriated to carry out
subparagraph (A) such sums as are necessary for fiscal year 2024 and
each fiscal year thereafter.''.
SEC. 758. IMPLEMENTATION OF TECHNOLOGY FOR CLASSIFICATION AND
DECLASSIFICATION.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Administrator of the Office of Electronic
Government (in this section referred to as the ``Administrator'')
shall, in consultation with the Secretary of Defense, the Director of
the Central Intelligence Agency, the Director of National Intelligence,
the Public Interest Declassification Board, the Director of the
Information Security Oversight Office, and the head of the National
Declassification Center of the National Archives and Records
Administration--
(1) research a technology-based solution--
(A) utilizing machine learning and artificial
intelligence to support efficient and effective systems
for classification and declassification; and
(B) to be implemented on an interoperable and
federated basis across the Federal Government; and
(2) submit to the President a recommendation regarding a
technology-based solution described in paragraph (1) that
should be adopted by the Federal Government.
(b) Staff.--The Administrator may hire sufficient staff to carry
out subsection (a).
(c) Report.--Not later than 540 days after the date of the
enactment of this Act, the President shall submit to Congress a
classified report on the technology-based solution recommended by the
Administrator under subsection (a)(2) and the President's decision
regarding its adoption.
SEC. 759. STUDIES AND RECOMMENDATIONS ON NECESSITY OF SECURITY
CLEARANCES.
(a) Agency Studies on Necessity of Security Clearances.--
(1) Studies required.--The head of each agency that grants
security clearances to personnel of such agency shall conduct a
study on the necessity of such clearances.
(2) Reports required.--
(A) In general.--Not later than 1 year after the
date of the enactment of this Act, each head of an
agency that conducts a study under paragraph (1) shall
submit to Congress a report on the findings of the
agency head with respect to such study, which the
agency head may classify as appropriate.
(B) Required elements.--Each report submitted by
the head of an agency under subparagraph (A) shall
include, for such agency, the following:
(i) The number of personnel eligible for
access to information up to the ``Top Secret''
level.
(ii) The number of personnel eligible for
access to information up to the ``Secret''
level.
(iii) Information on any reduction in the
number of personnel eligible for access to
classified information based on the study
conducted under paragraph (1).
(iv) A description of how the agency head
will ensure that the number of security
clearances granted by such agency will be kept
to the minimum required for the conduct of
agency functions, commensurate with the size,
needs, and mission of the agency.
(3) Industry.--This subsection shall apply to the Secretary
of Defense in the Secretary's capacity as the Executive Agent
for the National Industrial Security Program, and the Secretary
shall treat contractors, licensees, and grantees as personnel
of the Department of Defense for purposes of the studies and
reports required by this subsection.
(b) Director of National Intelligence Review of Sensitive
Compartmented Information.--The Director of National Intelligence
shall--
(1) review the number of personnel eligible for access to
sensitive compartmented information; and
(2) submit to Congress a report on how the Director will
ensure that the number of such personnel is limited to the
minimum required.
(c) Agency Review of Special Access Programs.--Each head of an
agency who is authorized to establish a special access program by
Executive Order 13526 (50 U.S.C. 3161 note; relating to classified
national security information), or successor order, shall--
(1) review the number of personnel of the agency eligible
for access to such special access programs; and
(2) submit to Congress a report on how the agency head will
ensure that the number of such personnel is limited to the
minimum required.
(d) Secretary of Energy Review of Q and L Clearances.--The
Secretary of Energy shall--
(1) review the number of personnel of the Department of
Energy granted Q and L access; and
(2) submit to Congress a report on how the Secretary will
ensure that the number of such personnel is limited to the
minimum required
(e) Independent Reviews.--Not later than 180 days after the date on
which a study is completed under subsection (a) or a review is
completed under subsections (b) through (d), the Director of the
Information Security Oversight Office of the National Archives and
Records Administration, the Director of National Intelligence, and the
Public Interest Declassification Board shall each review the study or
review, as the case may be.
TITLE VIII--SECURITY CLEARANCE AND TRUSTED WORKFORCE
SEC. 801. REVIEW OF SHARED INFORMATION TECHNOLOGY SERVICES FOR
PERSONNEL VETTING.
Not later than 1 year after the date of the enactment of this Act,
the Director of National Intelligence shall submit to the congressional
intelligence committees a review of the extent to which the
intelligence community can use information technology services shared
among the intelligence community for purposes of personnel vetting,
including with respect to human resources, suitability, and security.
SEC. 802. TIMELINESS STANDARD FOR RENDERING DETERMINATIONS OF TRUST FOR
PERSONNEL VETTING.
(a) Timeliness Standard.--
(1) In general.--The President shall, acting through the
Security Executive Agent and the Suitability and Credentialing
Executive Agent, establish and publish in the Federal Register
new timeliness performance standards for processing personnel
vetting trust determinations in accordance with the Federal
personnel vetting performance management standards.
(2) Quinquennial reviews.--Not less frequently than once
every 5 years, the President shall, acting through the Security
Executive Agent and the Suitability and Credentialing Executive
Agent--
(A) review the standards established pursuant to
paragraph (1); and
(B) pursuant to such review--
(i) update such standards as the President
considers appropriate; and
(ii) publish in the Federal Register such
updates as may be made pursuant to clause (i).
(3) Conforming amendment.--Section 3001 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341) is
amended by striking subsection (g).
(b) Quarterly Reports on Implementation.--
(1) In general.--Not less frequently than quarterly, the
Security Executive Agent and the Suitability and Credentialing
Executive Agent shall jointly make available to the public a
quarterly report on the compliance of Executive agencies (as
defined in section 105 of title 5, United States Code) with the
standards established pursuant to subsection (a).
(2) Disaggregation.--Each report made available pursuant to
paragraph (1) shall disaggregate data by appropriate category
of personnel risk and between Government and contractor
personnel.
(c) Complementary Standards for Intelligence Community.--The
Director of National Intelligence may, in consultation with the
Security, Suitability, and Credentialing Performance Accountability
Council established pursuant to Executive Order 13467 (50 U.S.C. 3161
note; relating to reforming processes related to suitability for
Government employment, fitness for contractor employees, and
eligibility for access to classified national security information)
establish for the intelligence community standards complementary to
those established pursuant to subsection (a).
SEC. 803. ANNUAL REPORT ON PERSONNEL VETTING TRUST DETERMINATIONS.
(a) Definition of Personnel Vetting Trust Determination.--In this
section, the term ``personnel vetting trust determination'' means any
determination made by an executive branch agency as to whether an
individual can be trusted to perform job functions or to be granted
access necessary for a position.
(b) Annual Report.--Not later than March 30, 2024, and annually
thereafter for 5 years, the Director of National Intelligence, acting
as the Security Executive Agent, and the Director of the Office of
Personnel Management, acting as the Suitability and Credentialing
Executive Agent, in coordination with the Security, Suitability, and
Credentialing Performance Accountability Council, shall jointly make
available to the public a report on specific types of personnel vetting
trust determinations made during the fiscal year preceding the fiscal
year in which the report is made available, disaggregated by the
following:
(1) Determinations of eligibility for national security-
sensitive positions, separately noting--
(A) the number of individuals granted access to
national security information; and
(B) the number of individuals determined to be
eligible for but not granted access to national
security information.
(2) Determinations of suitability or fitness for a public
trust position.
(3) Status as a Government employee, a contractor employee,
or other category.
(c) Elimination of Report Requirement.--Section 3001 of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341) is amended by striking subsection (h).
SEC. 804. SURVEY TO ASSESS STRENGTHS AND WEAKNESSES OF TRUSTED
WORKFORCE 2.0.
Not later than 1 year after the date of the enactment of this Act,
and once every 2 years thereafter until 2029, the Comptroller General
of the United States shall administer a survey to such sample of
Federal agencies, Federal contractors, and other persons that require
security clearances to access classified information as the Comptroller
General considers appropriate to assess--
(1) the strengths and weaknesses of the implementation of
the Trusted Workforce 2.0 initiative; and
(2) the effectiveness of vetting Federal personnel while
managing risk during the onboarding of such personnel.
SEC. 805. PROHIBITION ON DENIAL OF ELIGIBILITY FOR ACCESS TO CLASSIFIED
INFORMATION SOLELY BECAUSE OF PAST USE OF CANNABIS.
(a) Definitions.--In this section:
(1) Cannabis.--The term ``cannabis'' has the meaning given
the term ``marihuana'' in section 102 of the Controlled
Substances Act (21 U.S.C. 802).
(2) Eligibility for access to classified information.--The
term ``eligibility for access to classified information'' has
the meaning given the term in the procedures established
pursuant to section 801(a) of the National Security Act of 1947
(50 U.S.C. 3161(a)).
(b) Prohibition.--Notwithstanding any other provision of law, the
head of an element of the intelligence community may not make a
determination to deny eligibility for access to classified information
to an individual based solely on the use of cannabis by the individual
prior to the submission of the application for a security clearance by
the individual.
TITLE IX--ANOMALOUS HEALTH INCIDENTS
SEC. 901. IMPROVED FUNDING FLEXIBILITY FOR PAYMENTS MADE BY THE CENTRAL
INTELLIGENCE AGENCY FOR QUALIFYING INJURIES TO THE BRAIN.
Section 19A(d) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3519b(d)) is amended by striking paragraph (3) and inserting the
following new paragraph:
``(3) Funding.--
``(A) In general.--Payment under paragraph (2) in a
fiscal year may be made using any funds--
``(i) appropriated in advance specifically
for payments under such paragraph; or
``(ii) reprogrammed in accordance with
section 504 of the National Security Act of
1947 (50 U.S.C. 3094).
``(B) Budget.--For each fiscal year, the Director
shall include with the budget justification materials
submitted to Congress in support of the budget of the
President for that fiscal year pursuant to section
1105(a) of title 31, United States Code, an estimate of
the funds required in that fiscal year to make payments
under paragraph (2).''.
SEC. 902. CLARIFICATION OF REQUIREMENTS TO SEEK CERTAIN BENEFITS
RELATING TO INJURIES TO THE BRAIN.
(a) In General.--Section 19A(d) of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 3519b(d)) is amended by adding at the end of
paragraph (5) the following new sentence: ``A covered dependent,
covered employee, or covered individual shall not be required to seek
any other benefit furnished by the United States Government to be
eligible for the payment authorized under paragraph (2).''.
(b) Regulations.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency
shall--
(1) revise the regulations of the Expanded Care Program of
the Central Intelligence Agency to conform with the amendment
made by subsection (a); and
(2) submit to the congressional intelligence committees
copies of such regulations, as revised pursuant to paragraph
(1).
SEC. 903. INTELLIGENCE COMMUNITY IMPLEMENTATION OF HAVANA ACT OF 2021
AUTHORITIES.
(a) Regulations.--Except as provided in subsection (c), not later
than 180 days after the date of the enactment of this Act, each head of
an element of the intelligence community that has not already done so
shall--
(1) issue regulations and procedures to implement the
authorities provided by section 19A(d) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)) and
section 901(i) of title IX of division J of the Further
Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b(i)) to
provide payments under such sections, to the degree that such
authorities are applicable to the head of the element; and
(2) submit to the congressional intelligence committees
copies of such regulations.
(b) Reporting.--Not later than 210 days after the date of the
enactment of this Act, each head of an element of the intelligence
community shall submit to the congressional intelligence committees a
report on--
(1) the estimated number of individuals associated with
their element that may be eligible for payment under the
authorities described in subsection (a)(1);
(2) an estimate of the obligation that the head of the
intelligence community element expects to incur in fiscal year
2025 as a result of establishing the regulations pursuant to
subsection (a)(1); and
(3) any perceived barriers or concerns in implementing such
authorities.
(c) Alternative Reporting.--Not later than 180 days after the date
of the enactment of this Act, each head of an element of the
intelligence community (other than the Director of the Central
Intelligence Agency) who believes that the authorities described in
subsection (a)(1) are not currently relevant for individuals associated
with their element, or who are not otherwise in position to issue the
regulations and procedures required by subsection (a)(1) shall provide
written and detailed justification to the congressional intelligence
committees to explain this position.
SEC. 904. REPORT AND BRIEFING ON CENTRAL INTELLIGENCE AGENCY HANDLING
OF ANOMALOUS HEALTH INCIDENTS.
(a) Definitions.--In this section:
(1) Agency.--The term ``Agency'' means the Central
Intelligence Agency.
(2) Qualifying injury.--The term ``qualifying injury'' has
the meaning given such term in section 19A(d)(1) of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)(1)).
(b) In General.--Not later than 60 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency
shall submit to the congressional intelligence committees a report on
the handling of anomalous health incidents by the Agency.
(c) Contents.--The report required by subsection (b) shall include
the following:
(1) HAVANA act implementation.--
(A) An explanation of how the Agency determines
whether a reported anomalous health incident resulted
in a qualifying injury or a qualifying injury to the
brain.
(B) The number of participants of the Expanded Care
Program of the Central Intelligence Agency who--
(i) have a certified qualifying injury or a
certified qualifying injury to the brain; and
(ii) as of September 30, 2023, applied to
the Expanded Care Program due to a reported
anomalous health incident.
(C) A comparison of the number of anomalous health
incidents reported by applicants to the Expanded Care
Program that occurred in the United States and that
occurred in a foreign country.
(D) The specific reason each applicant was approved
or denied for payment under the Expanded Care Program.
(E) The number of applicants who were initially
denied payment but were later approved on appeal.
(F) The average length of time, from the time of
application, for an applicant to receive a
determination from the Expanded Care Program,
aggregated by qualifying injuries and qualifying
injuries to the brain.
(2) Priority cases.--
(A) A detailed list of priority cases of anomalous
health incidents, including, for each incident,
locations, dates, times, and circumstances.
(B) For each priority case listed in accordance
with subparagraph (A), a detailed explanation of each
credible alternative explanation that the Agency
assigned to the incident, including--
(i) how the incident was discovered;
(ii) how the incident was assigned within
the Agency; and
(iii) whether an individual affected by the
incident is provided an opportunity to appeal
the credible alternative explanation.
(C) For each priority case of an anomalous health
incident determined to be largely consistent with the
definition of ``anomalous health incident'' established
by the National Academy of Sciences and for which the
Agency does not have a credible alternative
explanation, a detailed description of such case.
(3) Anomalous health incident sensors.--
(A) A list of all types of sensors that the Agency
has developed or deployed with respect to reports of
anomalous health incidents, including, for each type of
sensor, the deployment location, the date and the
duration of the employment of such type of sensor, and,
if applicable, the reason for removal.
(B) A list of entities to which the Agency has
provided unrestricted access to data associated with
anomalous health incidents.
(C) A list of requests for support the Agency has
received from elements of the Federal Government
regarding sensor development, testing, or deployment,
and a description of the support provided in each case.
(D) A description of all emitter signatures
obtained by sensors associated with anomalous health
incidents in Agency holdings since 2016, including--
(i) the identification of any of such
emitters that the Agency prioritizes as a
threat; and
(ii) an explanation of such prioritization.
(d) Additional Submissions.--Concurrent with the submission of the
report required by subsection (b), the Director of the Central
Intelligence Agency shall submit to the congressional intelligence
committees--
(1) a template of each form required to apply for the
Expanded Care Program, including with respect to payments for a
qualifying injury or a qualifying injury to the brain;
(2) copies of internal guidance used by the Agency to
adjudicate claims for the Expanded Care Program, including with
respect to payments for a qualifying injury to the brain;
(3) the case file of each applicant to the Expanded Care
Program who applied due to a reported anomalous health
incident, including supporting medical documentation, with name
and other identifying information redacted;
(4) copies of all informational and instructional materials
provided to employees of and other individuals affiliated with
the Agency with respect to applying for the Expanded Care
Program; and
(5) copies of Agency guidance provided to employees of and
other individuals affiliated with the Agency with respect to
reporting and responding to a suspected anomalous health
incident, and the roles and responsibilities of each element of
the Agency tasked with responding to a report of an anomalous
health incident.
(e) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency
shall brief the congressional intelligence committees on the report.
TITLE X--ELECTION SECURITY
SEC. 1001. STRENGTHENING ELECTION CYBERSECURITY TO UPHOLD RESPECT FOR
ELECTIONS THROUGH INDEPENDENT TESTING ACT OF 2023.
(a) Short Title.--This section may be cited as the ``Strengthening
Election Cybersecurity to Uphold Respect for Elections through
Independent Testing Act of 2023'' or the ``SECURE IT Act of 2023''.
(b) Requiring Penetration Testing as Part of the Testing and
Certification of Voting Systems.--Section 231 of the Help America Vote
Act of 2002 (52 U.S.C. 20971) is amended by adding at the end the
following new subsection:
``(e) Required Penetration Testing.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this subsection, the Commission shall
provide for the conduct of penetration testing as part of the
testing, certification, decertification, and recertification of
voting system hardware and software by accredited laboratories
under this section.
``(2) Accreditation.--The Director of the National
Institute of Standards and Technology shall recommend to the
Commission entities the Director proposes be accredited to
carry out penetration testing under this subsection and certify
compliance with the penetration testing-related guidelines
required by this subsection. The Commission shall vote on the
accreditation of any entity recommended. The requirements for
such accreditation shall be a subset of the requirements for
accreditation of laboratories under subsection (b) and shall
only be based on consideration of an entity's competence to
conduct penetration testing under this subsection.''.
(c) Independent Security Testing and Coordinated Cybersecurity
Vulnerability Disclosure Program for Election Systems.--
(1) In general.--Subtitle D of title II of the Help America
Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by adding
at the end the following new part:
``PART 7--INDEPENDENT SECURITY TESTING AND COORDINATED CYBERSECURITY
VULNERABILITY DISCLOSURE PILOT PROGRAM FOR ELECTION SYSTEMS
``SEC. 297. INDEPENDENT SECURITY TESTING AND COORDINATED CYBERSECURITY
VULNERABILITY DISCLOSURE PILOT PROGRAM FOR ELECTION
SYSTEMS.
``(a) In General.--
``(1) Establishment.--The Commission, in consultation with
the Secretary, shall establish an Independent Security Testing
and Coordinated Vulnerability Disclosure Pilot Program for
Election Systems (VDP-E) (in this section referred to as the
`program') in order to test for and disclose cybersecurity
vulnerabilities in election systems.
``(2) Duration.--The program shall be conducted for a
period of 5 years.
``(3) Requirements.--In carrying out the program, the
Commission, in consultation with the Secretary, shall--
``(A) establish a mechanism by which an election
systems vendor may make their election system
(including voting machines and source code) available
to cybersecurity researchers participating in the
program;
``(B) provide for the vetting of cybersecurity
researchers prior to their participation in the
program, including the conduct of background checks;
``(C) establish terms of participation that--
``(i) describe the scope of testing
permitted under the program;
``(ii) require researchers to--
``(I) notify the vendor, the
Commission, and the Secretary of any
cybersecurity vulnerability they
identify with respect to an election
system; and
``(II) otherwise keep such
vulnerability confidential for 180 days
after such notification;
``(iii) require the good-faith
participation of all participants in the
program;
``(iv) require an election system vendor,
after receiving notification of a critical or
high vulnerability (as defined by the National
Institute of Standards and Technology) in an
election system of the vendor, to--
``(I) send a patch or propound some
other fix or mitigation for such
vulnerability to the appropriate State
and local election officials, in
consultation with the researcher who
discovered it; and
``(II) notify the Commission and
the Secretary that such patch has been
sent to such officials;
``(D) in the case where a patch or fix to address a
vulnerability disclosed under subparagraph (C)(ii)(I)
is intended to be applied to a system certified by the
Commission, provide--
``(i) for the expedited review of such
patch or fix within 90 days after receipt by
the Commission; and
``(ii) if such review is not completed by
the last day of such 90-day period, that such
patch or fix shall be deemed to be certified by
the Commission; and
``(E) 180 days after the disclosure of a
vulnerability under subparagraph (C)(ii)(I), notify the
Director of the Cybersecurity and Infrastructure
Security Agency of the vulnerability for inclusion in
the database of Common Vulnerabilities and Exposures.
``(4) Voluntary participation; safe harbor.--
``(A) Voluntary participation.--Participation in
the program shall be voluntary for election systems
vendors and researchers.
``(B) Safe harbor.--When conducting research under
this program, such research and subsequent publication
shall be considered to be:
``(i) Authorized in accordance with section
1030 of title 18, United States Code (commonly
known as the `Computer Fraud and Abuse Act'),
(and similar state laws), and the election
system vendor will not initiate or support
legal action against the researcher for
accidental, good-faith violations of the
program.
``(ii) Exempt from the anti-circumvention
rule of section 1201 of title 17, United States
Code (commonly known as the `Digital Millennium
Copyright Act'), and the election system vendor
will not bring a claim against a researcher for
circumvention of technology controls.
``(C) Rule of construction.--Nothing in this
paragraph may be construed to limit or otherwise affect
any exception to the general prohibition against the
circumvention of technological measures under
subparagraph (A) of section 1201(a)(1) of title 17,
United States Code, including with respect to any use
that is excepted from that general prohibition by the
Librarian of Congress under subparagraphs (B) through
(D) of such section 1201(a)(1).
``(5) Exempt from disclosure.--Cybersecurity
vulnerabilities discovered under the program shall be exempt
from section 552 of title 5, United States Code (commonly
referred to as the `Freedom of Information Act').
``(6) Definitions.--In this subsection:
``(A) Cybersecurity vulnerability.--The term
`cybersecurity vulnerability' means, with respect to an
election system, any security vulnerability that
affects the election system.
``(B) Election infrastructure.--The term `election
infrastructure' means--
``(i) storage facilities, polling places,
and centralized vote tabulation locations used
to support the administration of elections for
public office; and
``(ii) related information and
communications technology, including--
``(I) voter registration databases;
``(II) election management systems;
``(III) voting machines;
``(IV) electronic mail and other
communications systems (including
electronic mail and other systems of
vendors who have entered into contracts
with election agencies to support the
administration of elections, manage the
election process, and report and
display election results); and
``(V) other systems used to manage
the election process and to report and
display election results on behalf of
an election agency.
``(C) Election system.--The term `election system'
means any information system that is part of an
election infrastructure, including any related
information and communications technology described in
subparagraph (B)(ii).
``(D) Election system vendor.--The term `election
system vendor' means any person providing, supporting,
or maintaining an election system on behalf of a State
or local election official.
``(E) Information system.--The term `information
system' has the meaning given the term in section 3502
of title 44, United States Code.
``(F) Secretary.--The term `Secretary' means the
Secretary of Homeland Security.
``(G) Security vulnerability.--The term `security
vulnerability' has the meaning given the term in
section 102 of the Cybersecurity Information Sharing
Act of 2015 (6 U.S.C. 1501).''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to
subtitle D of title II the following:
``PART 7--Independent Security Testing and Coordinated Cybersecurity
Vulnerability Disclosure Program for Election Systems
``Sec. 297. Independent security testing and coordinated cybersecurity
vulnerability disclosure program for
election systems.''.
SEC. 1002. PROTECTING BALLOT MEASURES FROM FOREIGN INFLUENCE ACT OF
2023.
(a) Short Title.--This section may be cited as the ``Protecting
Ballot Measures from Foreign Influence Act of 2023''.
(b) In General.--Section 319(a)(1)(A) of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30121(a)(1)(A)) is amended by inserting
``, or a State or local ballot initiative or ballot referendum'' after
``election''.
(c) Effective Date.--The amendment made by subsection (b) shall
apply with respect to contributions and donations made on or after the
date of enactment of this Act.
TITLE XI--OTHER MATTERS
SEC. 1101. MODIFICATION OF REPORTING REQUIREMENT FOR ALL-DOMAIN ANOMALY
RESOLUTION OFFICE.
Section 1683(k)(1) of the National Defense Authorization Act for
Fiscal Year 2022 (50 U.S.C. 3373(k)(1)), as amended by section 6802(a)
of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law
117-263), is amended--
(1) in the heading, by striking ``Director of national
intelligence and secretary of defense'' and inserting ``All-
domain anomaly resolution office''; and
(2) in subparagraph (A), by striking ``Director of National
Intelligence and the Secretary of Defense shall jointly'' and
inserting ``Director of the Office shall''.
SEC. 1102. MODIFICATIONS TO NOTIFICATION ON THE PROVISION OF DEFENSE
SENSITIVE SUPPORT.
(a) Modification of When Notification Is Required.--Paragraph (3)
of section 1055(b) of the National Defense Authorization Act for Fiscal
Year 2017 (Public Law 114-328; 10 U.S.C. 113 note) is amended--
(1) in the paragraph heading, by inserting ``and
extraordinary security protections'' after ``support'';
(2) in the matter preceding subparagraph (A), by inserting
``or requires extraordinary security protections'' after
``time-sensitive'';
(3) in subparagraph (A), by inserting ``or after the
activity supported concludes'' after ``providing the support'';
and
(4) in subparagraph (B)--
(A) by inserting ``or after the activity supported
concludes'' after ``providing such support''; and
(B) by inserting ``or after the activity supported
concludes'' after ``providing the support''.
(b) Exemption.--Such section is amended by adding at the end the
following:
``(6) Exemption.--The requirements of this subsection shall
not apply to the provision of defense sensitive support for
travel of the following:
``(A) The Director of National Intelligence.
``(B) The Principal Deputy Director of National
Intelligence.
``(C) The Director of the Central Intelligence
Agency.
``(D) The Deputy Director of the Central
Intelligence Agency.''.
SEC. 1103. MODIFICATION OF CONGRESSIONAL OVERSIGHT OF SPECIAL ACCESS
PROGRAMS.
Section 3236 of the National Nuclear Security Administration Act
(50 U.S.C. 2426) is amended--
(1) by striking ``congressional defense committees'' each
place it appears and inserting ``appropriate congressional
committees''; and
(2) by adding at the end the following subsection:
``(g) Appropriate Congressional Committees Defined.--In this
section, the term `appropriate congressional committees' means--
``(1) the congressional defense committees;
``(2) the Select Committee on Intelligence of the Senate;
and
``(3) the Permanent Select Committee on Intelligence of the
House of Representatives.''.
SEC. 1104. FUNDING LIMITATIONS RELATING TO UNIDENTIFIED ANOMALOUS
PHENOMENA.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence, the
Committee on Armed Services, and the Committee on
Appropriations of the Senate; and
(B) the Permanent Select Committee on Intelligence,
the Committee on Armed Services, and the Committee on
Appropriations of the House of Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives;
and
(D) the minority leader of the House of
Representatives.
(3) Director.--The term ``Director'' means the Director of
the All-domain Anomaly Resolution Office.
(4) Unidentified anomalous phenomena.--The term
``unidentified anomalous phenomena'' has the meaning given such
term in section 1683(n) of the National Defense Authorization
Act for Fiscal Year 2022 (50 U.S.C. 3373(n)), as amended by
section 6802(a) of the Intelligence Authorization Act for
Fiscal Year 2023 (Public Law 117-263).
(b) Sense of Congress.--It is the sense of Congress that, due to
the increasing potential for technology surprise from foreign
adversaries and to ensure sufficient integration across the United
States industrial base and avoid technology and security stovepipes--
(1) the United States industrial base must retain its
global lead in critical advanced technologies; and
(2) the Federal Government must expand awareness about any
historical exotic technology antecedents previously provided by
the Federal Government for research and development purposes.
(c) Limitations.--
(1) In general.--No amount authorized to be appropriated or
appropriated by this Act or any other Act may be obligated or
expended, directly or indirectly, in part or in whole, for, on,
in relation to, or in support of activities involving
unidentified anomalous phenomena protected under any form of
special access or restricted access limitations that have not
been formally, officially, explicitly, and specifically
described, explained, and justified to the appropriate
committees of Congress, congressional leadership, and the
Director, including for any activities relating to the
following:
(A) Recruiting, employing, training, equipping, and
operations of, and providing security for, government
or contractor personnel with a primary, secondary, or
contingency mission of capturing, recovering, and
securing unidentified anomalous phenomena craft or
pieces and components of such craft.
(B) Analyzing such craft or pieces or components
thereof, including for the purpose of determining
properties, material composition, method of
manufacture, origin, characteristics, usage and
application, performance, operational modalities, or
reverse engineering of such craft or component
technology.
(C) Managing and providing security for protecting
activities and information relating to unidentified
anomalous phenomena from disclosure or compromise.
(D) Actions relating to reverse engineering or
replicating unidentified anomalous phenomena technology
or performance based on analysis of materials or sensor
and observational information associated with
unidentified anomalous phenomena.
(E) The development of propulsion technology, or
aerospace craft that uses propulsion technology,
systems, or subsystems, that is based on or derived
from or inspired by inspection, analysis, or reverse
engineering of recovered unidentified anomalous
phenomena craft or materials.
(F) Any aerospace craft that uses propulsion
technology other than chemical propellants, solar
power, or electric ion thrust.
(2) Future appropriations.--Paragraph (1) shall apply with
respect to an amount appropriated after the date of the
enactment of this Act, unless such paragraph is specifically
waived for such amount, or such amount is specifically exempted
from such paragraph, by an Act enacted after the date of the
enactment of this Act.
(d) Notification and Reporting.--Any person currently or formerly
under contract with the Federal Government that has in their possession
material or information provided by or derived from the Federal
Government relating to unidentified anomalous phenomena that formerly
or currently is protected by any form of special access or restricted
access shall--
(1) not later than 60 days after the date of the enactment
of this Act, notify the Director of such possession; and
(2) not later than 180 days after the date of the enactment
of this Act, make available to the Director for assessment,
analysis, and inspection--
(A) all such material and information; and
(B) a comprehensive list of all non-earth origin or
exotic unidentified anomalous phenomena material.
(e) Liability.--No criminal or civil action may lie or be
maintained in any Federal or State court against any person for
receiving material or information described in subsection (d) if that
person complies with the notification and reporting provisions
described in such subsection.
(f) Limitation Regarding Independent Research and Development.--
(1) In general.--Consistent with Department of Defense
Instruction Number 3204.01 (dated August 20, 2014,
incorporating change 2, dated July 9, 2020; relating to
Department policy for oversight of independent research and
development), independent research and development funding
relating to material or information described in subsection (c)
shall not be allowable as indirect expenses for purposes of
contracts covered by such instruction, unless such material and
information is made available to the Director in accordance
with subsection (d).
(2) Effective date and applicability.--Paragraph (1) shall
take effect on the date that is 60 days after the date of the
enactment of this Act and shall apply with respect to funding
from amounts appropriated before, on, or after such date.
(g) Notice to Congress.--Not later than 30 days after the date on
which the Director has received a notification under paragraph (1) of
subsection (d) or information or material under paragraph (2) of such
subsection, the Director shall provide written notification of such
receipt to the appropriate committees of Congress and congressional
leadership.
Calendar No. 106
118th CONGRESS
1st Session
S. 2103
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A BILL
To authorize appropriations for fiscal year 2024 for intelligence and
intelligence-related activities of the United States Government, the
Intelligence Community Management Account, and the Central Intelligence
Agency Retirement and Disability System, and for other purposes.
_______________________________________________________________________
June 22, 2023
Read twice and placed on the calendar
