JOINT EXPLANATORY STATEMENT
Mr. WARNER. Mr. President, this explanation reflects the status of
negotiations and disposition of issues reached between the Senate
Select Committee on Intelligence and the House Permanent Select
Committee on
[[Page S7307]]
Intelligence for the Intelligence Authorization Act for Fiscal Year
2023.
The explanation shall have the same effect with respect to the
implementation of this act as if it were a joint explanatory statement
of a conference committee.
I ask unanimous consent that the explanatory statement for the
Intelligence Authorization Act for Fiscal Year 2023 be printed into the
Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
Explanatory Statement on the Intelligence Authorization Act for Fiscal
Year 2023, Submitted by Mr. Schiff, Chairman of the House Permanent
Select Committee on Intelligence
The following is the Explanatory Statement (the
``Explanatory Statement'') to accompany the Intelligence
Authorization Act for Fiscal Year 2023 (``the Act''), which
has been included as Division F of the National Defense
Authorization Act for Fiscal Year 2023. The Explanatory
Statement reflects the result of negotiations between the
Senate Select Committee on Intelligence and the House
Permanent Select Committee on Intelligence (together, ``the
Committees''). The Explanatory Statement shall have the same
effect with respect to the implementation of the Act as if it
were a joint explanatory statement of a conference committee.
The classified nature of U.S. intelligence activities
prevents the Committees from publicly disclosing many details
concerning their final decisions regarding funding levels and
policy direction. Therefore, the Committees have prepared a
classified annex--referred to here and within the annex
itself as ``the Agreement''--that contains a classified
Schedule of Authorizations and that describes in detail the
scope and intent of the Committees' actions.
The Agreement authorizes the Intelligence Community (IC) to
obligate and expend funds as requested in the President's
budget and as modified by the classified Schedule of
Authorizations, subject to applicable reprogramming
procedures.
The classified Schedule of Authorizations is incorporated
into the Act pursuant to Section 6102 of the Act. It has the
status of law. The Agreement supplements and adds detail to
clarify the authorization levels found in the Act and in the
classified Schedule of Authorizations.
This Explanatory Statement incorporates by reference, and
the Executive Branch shall comply with, all direction
contained in the Senate Select Committee on Intelligence
Report to accompany the Intelligence Authorization Act for
Fiscal Year 2023 (S. Rept. 117-132) and in the House
Permanent Select Committee on Intelligence Report to
accompany the Intelligence Authorization Act for Fiscal Year
2023 (H. Rept. 117-546). The Agreement supersedes all
classified direction related to programs and activities
authorized by the Schedule of Authorization.
The Executive Branch is further directed as follows:
Enforcement of Cybersecurity Requirements for National Security Systems
Section 6309 is intended to codify, for the elements of the
IC, the key elements of the ``Memorandum on Improving the
Cybersecurity of National Security, Department of Defense,
and Intelligence Community Systems'' issued by the White
House on January 19, 2022, also known as NSM-08, and any
successor policy guidance. The section also requires agencies
(1) to meet the deadlines established under those
requirements and (2) to prioritize resources in a manner to
fully implement the requirements established by the
deadlines.
Intelligence Community Experts Panel on Anomalous Health Incidents
The Committees are committed to protecting and supporting
IC and other federal government personnel who have
experienced debilitating, unexplained attacks, or anomalous
health incidents, while serving their country. The Committees
are also focused on transparency in reporting by those
agencies whose personnel have been affected by anomalous
health incidents.
Therefore, the Committees direct that the Central
Intelligence Agency (CIA), as part of the reporting required
by Section 6412 of the Intelligence Authorization Act for
Fiscal Year 2023, submit a plan to implement the
recommendations of the IC Experts Panel on Anomalous Health
Incidents. The Committees further direct that the Department
of State Bureau of Intelligence and Research, as part of the
assessment required by Section 6810 of the Intelligence
Authorization Act for Fiscal Year 2023, submit a plan to
implement the recommendations of the IC Experts Panel on
Anomalous Health Incidents.
Staffing of Office Supporting Central Intelligence Agency Workforce
Wellbeing
Section 6416 of the Act establishes an Office to support
the physical, mental, and overall wellbeing of eligible CIA
employees and certain other individuals affiliated with the
Agency. The Committees recognize the Agency's need for
appropriate flexibility and therefore did not legislatively
mandate minimum staffing levels for the Office. However,
Section 6416 does require the Director of the CIA to assign
to the Office ``a sufficient number of individuals, who shall
have no official duties other than duties related to the
Office while so assigned.'' The Committees fully expect the
Agency, consistent with the Agency's plan that was briefed to
the Committees, to staff the office with at least 10 full-
time individuals. The Committees direct the Agency to
promptly notify the Committees if the Office has less than 10
individuals assigned to the Office on a full-time basis.
Intelligence Assessment of Effects of Counterterrorism Strikes
The Committees direct the Director of the Defense
Intelligence Agency (DIA), in coordination with the
directorates of intelligence of the combatant commands, to
prepare an intelligence assessment of the effects of
counterterrorism strikes conducted by the Armed Forces on
targets outside of areas of active hostilities during the 5-
year period preceding the date of the enactment of the Act.
The assessment shall include:
(1) an analysis of the strike's short- and long-term
effects on the capability and intent of the terrorist group
to conduct external operations, particularly operations
targeting the United States, U.S. persons, or U.S.
facilities;
(2) an analysis of the strike's effects on the recruitment
of the terrorist group;
(3) an analysis of the strike's effects on local perception
of the terrorist group, the host country, and the United
States;
(4) an identification of the number and quality of finished
intelligence products that assessed the effects that a U.S.
counterterrorism strike would have, or did have, against
specific terrorist individuals or groups; and
(5) recommendations to improve the efficacy, accuracy, and
timeliness of intelligence analysis to increase the strategic
effect of counterterrorism strikes.
The Committees further direct the Director of the DIA to
submit to the congressional intelligence committees and the
congressional defense committees, within 180 days of the
enactment of the Act, a report containing both this
intelligence assessment and judgments regarding the following
questions:
(1) What percentage of counterterrorism strikes covered by
the intelligence assessment had a short-term effect on the
planned external operations of the terrorist group,
particularly operations targeting the United States, U.S.
persons, or U.S. facilities?
(2) What percentage of counterterrorism strikes covered by
the intelligence assessment had a long-term effect on the
planned external operations of the terrorist group,
particularly operations targeting the United States, U.S.
persons, or U.S. facilities?
The report may be submitted in classified form, except that
the judgments shall be in unclassified form. For purposes of
this direction, the term ``counterterrorism strikes'' means
an air strike conducted by the U.S. Armed Forces targeting a
specific individual that is not a defensive strike conducted
to reduce imminent danger to the U.S. Armed Forces or
specifically designated partner forces of the United States,
and the term ``external operations'' means violent operations
conducted outside the terrorist group's country or region of
origin.
Report on Efforts of the FBI to Identify and Promote Diverse Candidates
The Committees direct the Director of the Federal Bureau of
Investigation, within 90 days of the enactment of the Act, to
submit to the congressional intelligence committees and to
post on the public website of the Bureau a statistical report
on the status of efforts by the Bureau to identify and
promote diverse candidates over the past five fiscal years.
For Supervisory Special Agent program managers, Field
Supervisory Special Agents, Assistant Special Agents in
Charge, Special Agents in Charge, and senior executives, the
report shall include tables of figures that break down by
race and gender the following information:
(1) The total number, and the percentage, of Special Agents
who applied for such positions;
(2) The total number, and the percentage, of Special Agents
who were interviewed for such positions;
(3) The total number, and the percentage, of Special Agents
who were selected for such positions; and
(4) The average number of times a Special Agent applied for
such position before selection.
For purposes of this direction, the term ``senior
executives'' means Deputy Assistant Director, Assistant
Director, Executive Assistant Director, Associate Deputy
Director, and Deputy Director.
The Committees further direct that the report shall
include, with respect to GS-14 and GS-15 positions, tables of
figures that break down by race and gender the following
information:
(1) The total number of individuals in such positions, and
the percentage of such individuals, who retired over the past
five fiscal years; and
(2) The total number of individuals in such positions, and
the percentage of such individuals, who retired early over
the past five fiscal years.
Report on Improving Opportunities for Women and Minorities for
Promotions in the Intelligence Community
The Committees direct the Director of National
Intelligence, in consultation with the heads of the elements
of the IC, to submit to the congressional intelligence
committees within 120 days of the enactment of the Act a
consolidated report on specific steps taken by each element
to enhance opportunities for
[[Page S7308]]
women and minorities for promotions across all mission
categories of the IC, and to reduce the gap among gender,
racial, and ethnic categories at senior levels of the IC. The
report shall contain a strategic plan from each element of
the IC on the following:
(1) Overcoming any barriers or obstacles identified in the
report;
(2) Proposing new or enhanced mentoring programs or similar
workplace forums to support women and minority officers of
the IC who are interested in or may qualify for promotion
opportunities or other career advancements;
(3) Recommending additional steps and initiatives to
achieve diversity among senior roles in the IC; and
(4) Addressing any gaps in relevant tools, resources, or
authorities.
Briefings on Intelligence Activities in Cyberspace
The Committees direct the Secretary of Defense, on a
quarterly basis, to provide to the congressional intelligence
committees and the congressional defense committees a
briefing, with respect to the covered period, on the
intelligence activities occurring in cyberspace conducted by
United States Cyber Command in support of current and future
offensive or defensive cyberspace operations.
Submission of Certain Legislative Proposals to the Congressional
Intelligence Committees
The Committees direct the Secretary of Defense to submit to
the congressional intelligence committees any legislative
proposal that (1) is proposed by the Secretary of Defense to
Congress, (2) has been approved by the Office of Management
and Budget, and (3) involves a grant, expansion,
modification, or cessation of authority involving the
intelligence, intelligence-related, or tactical intelligence
activities of the Department of Defense. The Committees
further direct that any such legislative proposals submitted
to the congressional intelligence committees be accompanied
by a brief explanation of the proposal.
Office of Global Competition Analysis
The Committees encourage the President to establish an
Office of Global Competition Analysis (``the Office'') to
conduct analysis relevant to United States leadership in
science, technology, and innovation sectors critical to
national security and economic prosperity relative to other
countries, and 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.
The analysis conducted by the Office should cover:
(1) 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;
(2) United States science and technology ecosystem
elements, including regional and national research and
development capacity, technology innovation, science and
engineering education and research workforce relative to
those of other countries;
(3) 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;
(4) 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;
(5) trends and trajectories, including rate of change in
technologies, related to technology and innovation sectors
critical to national security and economic prosperity;
(6) 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
(7) threats to United States interests based on
dependencies on foreign technologies critical to national
security and economic prosperity.
The priorities of the Office should be established in
coordination with the Director of the Office of Science and
Technology Policy, the Assistant to the President for
Economic Policy, the Assistant to the President for National
Security Affairs, and such other officials as the President
considers appropriate.
In carrying out the activities of the Office, the
Committees expect:
(1) the Office will 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;
(2) the Office will 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.
(3) the Office will receive access, upon written request,
to all information, data, or reports of any Executive agency
that the Office determines necessary to carry out its
activities, to include commercially available information
that may not be publicly available; and
(4) consistent with applicable law, the heads of
departments or agencies within the Executive will detail
personnel to the Office in order to assist the Office in its
activities.
The Committees direct the President to submit to the
appropriate congressional committees, within 180 days of the
date of enactment of the Act, a report analyzing the need for
the Office, including recommendations regarding the
administrative structure of the Office, as well as a detailed
spending plan that includes administrative costs.
____________________
