117th CONGRESS
1st Session
S. 2610
To authorize appropriations for fiscal year 2022 for intelligence and
intelligence-related activities of the United States Government, the
Intelligence Community Management Account, and the Central Intelligence
Agency Retirement and Disability System, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
August 4, 2021
Mr. Warner, from the Select Committee on Intelligence, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2022 for intelligence and
intelligence-related activities of the United States Government, the
Intelligence Community Management Account, and the Central Intelligence
Agency Retirement and Disability System, and for other purposes.
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 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--GENERAL INTELLIGENCE MATTERS
Subtitle A--Intelligence Community Matters
Sec. 301. Increasing agricultural and commercial intelligence measures.
Sec. 302. Plan for allowing contracts with providers of services
relating to sensitive compartmented
information facilities.
Sec. 303. Plan to establish commercial geospatial intelligence data and
services program office.
Sec. 304. Investment strategy for commercial geospatial intelligence
services acquisition.
Sec. 305. Central Intelligence Agency Acquisition Innovation Center
report, strategy, and plan.
Sec. 306. Improving authorities relating to national
counterintelligence and security.
Sec. 307. Removal of Chief Information Officer of the Intelligence
Community from level IV of the Executive
Schedule.
Sec. 308. Requirements relating to construction of facilities to be
used primarily by intelligence community.
Sec. 309. Director of National Intelligence support for intelligence
community diversity, equity, inclusion, and
accessibility activities.
Sec. 310. Establishment of Diversity, Equity, and Inclusion Officer of
the Intelligence Community.
Sec. 311. Clarification of authority of National Reconnaissance Office.
Sec. 312. Director of National Intelligence declassification review of
information relating to terrorist attacks
of September 11, 2001.
Sec. 313. Establishment of Chaplain Corps of the Central Intelligence
Agency.
Sec. 314. Pilot program on recruitment and retention in Office of
Intelligence and Analysis of the Department
of the Treasury.
Sec. 315. Pilot program on student loan repayment at Office of
Intelligence and Analysis of Department of
the Treasury.
Sec. 316. Prohibition on collection and analysis of United States
persons' information by intelligence
community based on First Amendment-
protected activities.
Sec. 317. Sense of the Senate on the use of intelligence community
resources for collection, assessment, and
analysis of information pertaining
exclusively to United States persons absent
a foreign nexus.
Subtitle B--Inspector General of the Intelligence Community
Sec. 321. Submittal of complaints and information by whistleblowers in
the intelligence community to Congress.
Sec. 322. Definitions and authorities regarding whistleblower
complaints and information of urgent
concern received by Inspectors General of
the intelligence community.
Sec. 323. Harmonization of whistleblower protections.
Sec. 324. Prohibition against disclosure of whistleblower identity as
reprisal against whistleblower disclosure
by employees and contractors in
intelligence community.
Subtitle C--Reports and Assessments Pertaining to the Intelligence
Community
Sec. 331. Report on efforts to build an integrated hybrid space
architecture.
Sec. 332. Report on Project Maven transition.
Sec. 333. Assessment of intelligence community counternarcotics
capabilities.
Sec. 334. Assessment of intelligence community's intelligence-sharing
relationships with Latin American partners
in counternarcotics.
Sec. 335. Report on United States Southern Command intelligence
capabilities.
Sec. 336. Director of National Intelligence report on trends in
technologies of strategic importance to
United States.
Sec. 337. Report on Nord Stream II companies and intelligence ties.
Sec. 338. Assessment of Organization of Defensive Innovation and
Research activities.
Sec. 339. Report on intelligence community support to Visas Mantis
program.
Sec. 340. Plan for artificial intelligence digital ecosystem.
Sec. 341. Study on utility of expanded personnel management authority.
Sec. 342. Assessment of role of foreign groups in domestic violent
extremism.
Sec. 343. Report on the assessment of all-source cyber intelligence
information, with an emphasis on supply
chain risks.
Sec. 344. Review of National Security Agency and United States Cyber
Command.
Sec. 345. Support for and oversight of Unidentified Aerial Phenomena
Task Force.
Sec. 346. Publication of unclassified appendices from reports on
intelligence community participation in
Vulnerabilities Equities Process.
Sec. 347. Report on future structure and responsibilities of Foreign
Malign Influence Center.
Subtitle D--People's Republic of China
Sec. 351. Assessment of posture and capabilities of intelligence
community with respect to actions of the
People's Republic of China targeting
Taiwan.
Sec. 352. Plan to cooperate with intelligence agencies of key
democratic countries regarding
technological competition with People's
Republic of China.
Sec. 353. Assessment of People's Republic of China genomic collection.
Sec. 354. Updates to annual reports on influence operations and
campaigns in the United States by the
Chinese Communist Party.
Sec. 355. Report on influence of People's Republic of China through
Belt and Road Initiative projects with
other countries.
Sec. 356. Study on the creation of an official digital currency by the
People's Republic of China.
Sec. 357. Report on efforts of Chinese Communist Party to erode freedom
and autonomy in Hong Kong.
Sec. 358. Report on targeting of renewable sectors by China.
TITLE IV--ANOMALOUS HEALTH INCIDENTS
Sec. 401. Definition of anomalous health incident.
Sec. 402. Assessment and report on interagency communication relating
to efforts to address anomalous health
incidents.
Sec. 403. Advisory panel on the Office of Medical Services of the
Central Intelligence Agency.
Sec. 404. Joint task force to investigate anomalous health incidents.
Sec. 405. Reporting on occurrence of anomalous health incidents.
Sec. 406. Access to certain facilities of United States Government for
assessment of anomalous health conditions.
TITLE V--SECURITY CLEARANCES AND TRUSTED WORKFORCE
Sec. 501. Exclusivity, consistency, and transparency in security
clearance procedures, and right to appeal.
Sec. 502. Federal policy on sharing of derogatory information
pertaining to contractor employees in the
trusted workforce.
Sec. 503. Performance measures regarding timeliness for personnel
mobility.
Sec. 504. Governance of Trusted Workforce 2.0 initiative.
TITLE VI--OTHER INTELLIGENCE MATTERS
Sec. 601. National Technology Strategy.
Sec. 602. Improvements relating to continuity of Privacy and Civil
Liberties Oversight Board membership.
Sec. 603. Air America.
Sec. 604. Access by Comptroller General of the United States to certain
cybersecurity records.
Sec. 605. Reports on intelligence support for and capacity of the
Sergeants at Arms of the Senate and the
House of Representatives and the United
States Capitol Police.
Sec. 606. Study on vulnerability of Global Positioning System to
hostile actions.
Sec. 607. Authority for transportation of federally owned canines
associated with force protection duties of
intelligence community.
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 2022
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
(17) The Space Force.
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 elements listed in paragraphs (1) through (17) of
section 101, 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 2022 the sum of
$615,600,000.
(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 2022 such additional amounts as are specified in the
classified Schedule of Authorizations referred to in section 102(a).
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
2022.
TITLE III--GENERAL INTELLIGENCE MATTERS
Subtitle A--Intelligence Community Matters
SEC. 301. INCREASING AGRICULTURAL AND COMMERCIAL INTELLIGENCE MEASURES.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the Committee on Agriculture, Nutrition, and Forestry,
the Committee on Armed Services, the Committee on Commerce,
Science, and Transportation, the Committee on Banking, Housing,
and Urban Affairs, and the Select Committee on Intelligence of
the Senate; and
(2) the Committee on Agriculture, the Committee on Armed
Services, the Committee on Energy and Commerce, the Committee
on Financial Services, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(b) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with other appropriate Federal Government entities, shall
submit to the appropriate committees of Congress a report detailing the
options for the intelligence community to improve intelligence support
to the Department of Agriculture and the Department of Commerce.
(c) Form.--The report required under subsection (b) shall be
submitted in unclassified form, but may include a classified annex, if
necessary.
SEC. 302. PLAN FOR ALLOWING CONTRACTS WITH PROVIDERS OF SERVICES
RELATING TO SENSITIVE COMPARTMENTED INFORMATION
FACILITIES.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate; and
(3) the Committee on Armed Services of the House of
Representatives.
(b) Plan Required.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate committees of Congress a plan for allowing
elements of the intelligence community to contract with providers of
services relating to sensitive compartmented information facilities for
use of those facilities by businesses and organizations on contracts at
multiple security levels.
(c) Elements.--The plan required by subsection (b) shall include
the following:
(1) An explanation of how the Director of National
Intelligence will leverage the contracting methodology the
National Reconnaissance Office has used to provide leased
sensitive compartmented information facility space to
businesses and organizations.
(2) Policy and budget guidance to incentivize Federal
agencies to implement the plan required by subsection (b).
SEC. 303. PLAN TO ESTABLISH COMMERCIAL GEOSPATIAL INTELLIGENCE DATA AND
SERVICES PROGRAM OFFICE.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(3) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
(b) Plan Required.--Not later than 90 days after the date of the
enactment of this Act, the Director of the National Reconnaissance
Office and the Director of the National Geospatial-Intelligence Agency,
in consultation with the Director of National Intelligence, shall
jointly develop and submit to the appropriate committees of Congress a
plan to establish an office described in subsection (c).
(c) Office Described.--An office described in this subsection is a
co-located joint commercial geospatial intelligence data and services
program office at the National Geospatial-Intelligence Agency, the head
of which shall be a representative from the National Geospatial-
Intelligence Agency and the deputy head of which shall be a
representative from the National Reconnaissance Office.
(d) Contents.--The plan required by subsection (b) shall include
the following:
(1) Milestones for implementation of the plan.
(2) An updated acquisition strategy that--
(A) provides for an annual evaluation of new
capabilities with opportunities to contract with or
terminate use of commercial providers at least
annually; and
(B) considers efficiencies to be gained from
closely coordinated acquisitions of geospatial
intelligence data and services.
(3) A plan for the establishment of a commercial geospatial
intelligence data innovation fund equaling at least 10 percent
of the total commercial data investment of the National
Reconnaissance Office to enable the rapid procurement of data
supporting emerging global mission requirements.
SEC. 304. INVESTMENT STRATEGY FOR COMMERCIAL GEOSPATIAL INTELLIGENCE
SERVICES ACQUISITION.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(3) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
(b) Strategy Required.--Not later than 90 days after the date of
the enactment of this Act, the Director of the National Geospatial-
Intelligence Agency, in consultation with the Director of National
Intelligence and the Secretary of Defense, shall submit to the
appropriate committees of Congress an investment strategy for the
acquisition of commercial geospatial intelligence data services and
analytics by the National Geospatial-Intelligence Agency.
(c) Contents.--The strategy required by subsection (b) shall
include the following:
(1) A plan to increase purchases of unclassified geospatial
intelligence data services and analytics to meet global mission
requirements of the National Geospatial-Intelligence Agency
while maximizing enterprise access agreements for procured data
and services.
(2) An articulation of the relationship between geospatial
intelligence data and services and how such data and services
are purchased, identifying in particular any challenges to
procuring such services independent of the underlying data.
SEC. 305. CENTRAL INTELLIGENCE AGENCY ACQUISITION INNOVATION CENTER
REPORT, STRATEGY, AND PLAN.
(a) Requirement for Report and Strategy.--Not later than 120 days
after the date of the enactment of this Act, the Director of the
Central Intelligence Agency shall submit to the congressional
intelligence committees--
(1) a report stating the mission and purpose of the
Acquisition Innovation Center of the Agency; and
(2) a strategy for incorporating the Acquisition Innovation
Center into the standard operating procedures and procurement
and acquisition practices of the Agency.
(b) Requirement for Implementation Plan.--Not later than 120 days
after the date of the enactment of this Act, the Director shall, using
the findings of the Director with respect to the report submitted under
subsection (a)(1), submit to the congressional intelligence committees
an implementation plan that addresses--
(1) how the Director will ensure the contracting officers
of the Agency and the technical representatives of the
Acquisition Innovation Center for the contracting officers have
access to the technical expertise required to inform
requirements development, technology maturity assessments, and
monitoring of acquisitions;
(2) how the plan specifically applies to technical
industries, including telecommunications, software, aerospace,
and large-scale construction; and
(3) projections for resources necessary to support the
Acquisition Innovation Center, including staff, training, and
contracting support tools.
SEC. 306. IMPROVING AUTHORITIES RELATING TO NATIONAL
COUNTERINTELLIGENCE AND SECURITY.
(a) Duties of the Director of the National Counterintelligence and
Security Center.--Section 902(c) of the Counterintelligence Enhancement
Act of 2002 (50 U.S.C. 3382(c)) is amended by adding at the end the
following:
``(5) To organize and lead strategic planning for
counterintelligence activities in support of National
Counterintelligence Strategy objectives and other national
counterintelligence priorities by integrating all instruments
of national power, including diplomatic, financial, military,
intelligence, homeland security, and law enforcement
activities, within and among Federal agencies.''.
(b) Changes to the Functions of the National Counterintelligence
and Security Center.--
(1) Evaluation of implementation of national
counterintelligence strategy.--Paragraph (3) of section 904(d)
of such Act (50 U.S.C. 3383(d)) is amended to read as follows:
``(3) Implementation of national counterintelligence
strategy.--To evaluate on an ongoing basis the implementation
of the National Counterintelligence Strategy by the
intelligence community and other appropriate elements of the
United States Government and to submit to the President, the
congressional intelligence committees (as defined in section 3
of the National Security Act of 1947 (50 U.S.C. 3003)), the
National Security Council, the Director of the Office of
Management and Budget, and the National Counterintelligence
Policy Board periodic reports on such evaluation, including a
discussion of any shortfalls in the implementation of the
Strategy and recommendations for remedies for such
shortfalls.''.
(2) National counterintelligence program budget.--Paragraph
(5) of such section is amended--
(A) in subparagraph (A)--
(i) by inserting ``oversee and'' before
``coordinate''; and
(ii) by inserting ``in furtherance of the
National Counterintelligence Strategy and other
strategic counterintelligence priorities''
before ``of the Department of Defense''; and
(B) in subparagraph (C), by striking ``the National
Security Council'' and inserting ``the congressional
intelligence committees (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)), the
National Security Council, the Director of the Office
of Management and Budget, and the National
Counterintelligence Policy Board''.
(3) National counterintelligence outreach, watch, and
warning.--
(A) Counterintelligence vulnerability risk
assessments.--Subparagraph (A) of paragraph (7) of such
section is amended by striking ``surveys of the
vulnerability of the United States Government, and the
private sector,'' and inserting ``counterintelligence
risk assessments and surveys of the vulnerability of
the United States''.
(B) Outreach.--Subparagraph (B) of such paragraph
is amended to read as follows:
``(B) Outreach.--
``(i) Outreach programs and activities.--To
carry out and coordinate, consistent with other
applicable provisions of law and in
consultation with appropriate Federal
departments and agencies, outreach programs and
outreach activities on counterintelligence to
other elements of the United States Government,
State, local, and Tribal governments, foreign
governments and allies of the United States,
the private sector, and United States academic
institutions.
``(ii) Public warnings.--To coordinate the
dissemination to the public of warnings on
intelligence threats to the United States.''.
SEC. 307. REMOVAL OF CHIEF INFORMATION OFFICER OF THE INTELLIGENCE
COMMUNITY FROM LEVEL IV OF THE EXECUTIVE SCHEDULE.
Section 5315 of title 5, United States Code, is amended by striking
``Chief Information Officer of the Intelligence Community''.
SEC. 308. REQUIREMENTS RELATING TO CONSTRUCTION OF FACILITIES TO BE
USED PRIMARILY BY INTELLIGENCE COMMUNITY.
Section 602(a) of the Intelligence Authorization Act for Fiscal
Year 1995 (50 U.S.C. 3304(a)) is amended--
(1) in paragraph (1), by striking ``$5,000,000'' and
inserting ``$6,000,000''; and
(2) in paragraph (2), by striking ``$5,000,000'' and
inserting ``$6,000,000''.
SEC. 309. DIRECTOR OF NATIONAL INTELLIGENCE SUPPORT FOR INTELLIGENCE
COMMUNITY DIVERSITY, EQUITY, INCLUSION, AND ACCESSIBILITY
ACTIVITIES.
(a) In General.--Title XI of the National Security Act of 1947 (50
U.S.C. 3231 et. seq.) is amended by adding at the end the following:
``SEC. 1111. SUPPORT FOR INTELLIGENCE COMMUNITY DIVERSITY, EQUITY,
INCLUSION, AND ACCESSIBILITY ACTIVITIES.
``(a) Definition of Covered Workforce Activities.--In this section,
the term `covered workforce activities' includes--
``(1) activities relating to the recruitment or retention
of personnel in the workforce of the intelligence community;
and
``(2) activities relating to the workforce of the
intelligence community and diversity, equity, inclusion, or
accessibility.
``(b) Authority to Support Covered Workforce Activities.--
Notwithstanding any other provision of law and subject to the
availability of appropriations made available to the Director of
National Intelligence for covered workforce activities, the Director
may, with or without reimbursement, support such covered workforce
activities of the various elements of the intelligence community as the
Director determines will benefit the intelligence community as a
whole.''.
(b) Clerical Amendment.--The table of contents at the beginning of
such Act is amended by inserting after the item relating to section
1110 the following:
``Sec. 1111. Support for intelligence community diversity, equity,
inclusion, and accessibility activities.''.
SEC. 310. ESTABLISHMENT OF DIVERSITY, EQUITY, AND INCLUSION OFFICER OF
THE INTELLIGENCE COMMUNITY.
(a) In General.--Title I of the National Security Act of 1947 (50
U.S.C. 3021 et seq.) is amended by inserting after section 103J (50
U.S.C. 3034a) the following:
``SEC. 103K. DIVERSITY, EQUITY, AND INCLUSION OFFICER OF THE
INTELLIGENCE COMMUNITY.
``(a) Diversity, Equity, and Inclusion Officer of the Intelligence
Community.--Within the Office of the Director of National Intelligence,
there is a Diversity, Equity, and Inclusion Officer of the Intelligence
Community who shall be appointed by the Director of National
Intelligence.
``(b) Duties.--The Diversity, Equity, and Inclusion Officer of the
Intelligence Community shall--
``(1) serve as the principal advisor to the Director of
National Intelligence and the Principal Deputy Director of
National Intelligence on diversity, equity, and inclusion in
the intelligence community;
``(2) lead the development and implementation of strategies
and initiatives to advance diversity, equity, and inclusion in
the intelligence community; and
``(3) perform such other duties, consistent with paragraphs
(1) and (2), as may be prescribed by the Director.
``(c) Annual Reports to Congress.--Not less frequently than once
each year, the Diversity, Equity, and Inclusion Officer of the
Intelligence Community shall submit to the congressional intelligence
communities a report on the implementation of the strategies and
initiatives developed pursuant to subsection (b)(2) and the execution
of related expenditures.
``(d) Prohibition on Simultaneous Service as Other Diversity,
Equity, and Inclusion or Equal Employment Opportunity Officer.--An
individual serving in the position of Diversity, Equity, and Inclusion
Officer of the Intelligence Community may not, while so serving, serve
as either the Diversity, Equity, and Inclusion Officer or the Equal
Employment Opportunity Officer of any other department or agency, or
component thereof, of the United States Government.''.
(b) Clerical Amendment.--The table of contents at the beginning of
such Act is amended by inserting after the item relating to section
103J the following:
``Sec. 103K. Diversity, Equity, and Inclusion Officer of the
Intelligence Community.''.
(c) Limitation.--None of the funds authorized to be appropriated by
this Act may be used to increase the number of full-time equivalent
employees of the Office of the Director of National Intelligence in
order to carry out section 103K of such Act, as added by subsection
(a).
SEC. 311. CLARIFICATION OF AUTHORITY OF NATIONAL RECONNAISSANCE OFFICE.
Section 106A of the National Security Act of 1947 (50 U.S.C. 3041a)
is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Clarification of Authority.--
``(1) Prohibition on transfer of elements.--No element of
the National Reconnaissance Office may be transferred to the
Space Force.
``(2) No effect on authorities.--Nothing in chapter 908 of
title 10, United States Code, shall affect the authorities,
duties, or responsibilities of the Director of the National
Reconnaissance Office, including with respect to the authority
of the Director to operate a unified organization to carry out
the research, development, test, evaluation, acquisition,
launch, deployment, and operations of overhead reconnaissance
systems and related data processing facilities of the National
Reconnaissance Office.''.
SEC. 312. DIRECTOR OF NATIONAL INTELLIGENCE DECLASSIFICATION REVIEW OF
INFORMATION RELATING TO TERRORIST ATTACKS OF SEPTEMBER
11, 2001.
(a) Declassification Review Required.--Not later than 30 days after
the date of the enactment of this Act, the Director of National
Intelligence shall, in coordination with the Director of the Federal
Bureau of Investigation, the Director of the Central Intelligence
Agency, and the heads of such other elements of the intelligence
community as the Director of National Intelligence considers
appropriate, commence a declassification review, which the Director of
National Intelligence shall complete not later than 120 days after the
date of the enactment of this Act, to determine what additional
information relating to the terrorist attacks of September 11, 2001,
can be appropriately declassified and shared with the public.
(b) Information Covered.--The information reviewed under subsection
(a) shall include the following:
(1) Information relating to the direction, facilitation,
and other support provided to the individuals who carried out
the terrorist attacks of September 11, 2001.
(2) Information from Operation Encore and the PENTTBOM
investigation of the Federal Bureau of Investigation.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the Select Committee on Intelligence of the Senate and the
Permanent Select Committee on Intelligence of the House of
Representatives a report on the findings of the Director with respect
to the declassification review conducted under subsection (a).
SEC. 313. ESTABLISHMENT OF CHAPLAIN CORPS OF THE CENTRAL INTELLIGENCE
AGENCY.
The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et
seq.) is amended by adding at the end the following:
``SEC. 26. CHAPLAIN CORPS AND CHIEF OF CHAPLAINS.
``(a) Establishment of Chaplain Corps.--There is in the Agency a
Chaplain Corps for the provision of spiritual or religious pastoral
services.
``(b) Chief of Chaplains.--The head of the Chaplain Corps shall be
the Chief of Chaplains, who shall be appointed by the Director.
``(c) Staff and Administration.--
``(1) Staff.--The Director may appoint and fix the
compensation of such staff of the Chaplain Corps as the
Director considers appropriate, except that the Director may
not--
``(A) appoint more than 10 full-time equivalent
positions; or
``(B) provide basic pay to any member of the staff
of the Chaplain Corps at an annual rate of basic pay in
excess of the maximum rate of basic pay for grade GS-15
as provided in section 5332 of title 5, United States
Code.
``(2) Administration.--The Director may--
``(A) reimburse members of the staff of the
Chaplain Corps for work-related travel expenses;
``(B) provide security clearances to such members;
and
``(C) furnish such physical workspace at the
headquarters building of the Agency as the Director
considers appropriate.''.
SEC. 314. PILOT PROGRAM ON RECRUITMENT AND RETENTION IN OFFICE OF
INTELLIGENCE AND ANALYSIS OF THE DEPARTMENT OF THE
TREASURY.
(a) Pilot Program Required.--The Assistant Secretary for
Intelligence and Analysis in the Department of the Treasury shall carry
out a pilot program to assess the feasibility and advisability of using
adjustments of rates of pay to recruit and retain staff for high-demand
positions in the Office of Intelligence and Analysis of the Department
of the Treasury.
(b) Duration.--The Assistant Secretary shall carry out the pilot
program required by subsection (a) during the 4-year period beginning
on the date of the enactment of this Act.
(c) Additional Pay.--Under the pilot program required by subsection
(a), the Assistant Secretary shall, notwithstanding any provision of
title 5, United States Code, governing the rates of pay or
classification of employees in the executive branch, prescribe the rate
of basic pay for financial and cyber intelligence analyst positions
designated under subsection (d) at rates--
(1) not greater than 130 percent of the maximum basic rate
of pay and locality pay that such positions would otherwise be
eligible for; and
(2) not greater than the rate of basic pay payable for
level II of the Executive Schedule under section 5313 of title
5, United States Code.
(d) Designated Positions.--
(1) In general.--Except as provided in paragraph (2), under
the pilot program required by subsection (a), the Assistant
Secretary shall designate not fewer than 5 percent and not more
than 25 percent of the total number of positions in the Office,
including positions to be filled by new hires, as financial or
cyber intelligence analyst positions eligible for the
additional pay under subsection (c).
(2) Current employees.--The Assistant Secretary may
designate under paragraph (1) a position filled by an employee
who was employed in that position on the day before the date of
the enactment of this Act only if the employee was in the top
one-third of performance rankings for the position within the
Office for the duration of the 2-year period ending on the date
of the enactment of this Act.
(e) Briefing on the Pilot Program.--Not later than 180 days after
the date of the enactment of this Act and not less frequently than once
each year thereafter for the duration of the period set forth in
subsection (b), the Assistant Secretary shall provide the congressional
intelligence committees and the Director of National Intelligence with
a briefing on the pilot program required by subsection (a).
(f) Report on the Pilot Program.--Not later than 180 days before
the last day of the period set forth in subsection (b), the Assistant
Secretary shall submit to the congressional intelligence committees,
the Committee on Homeland Security and Governmental Affairs of the
Senate, the Committee on Oversight and Reform of the House of
Representatives, and the Director of National Intelligence a report on
the effectiveness of the pilot program and recommendations on whether
the pilot program should be extended, modified, or ended.
(g) Recommendations of Director of National Intelligence.--Not
later than 3 years after the date of the enactment of this Act, the
Director shall submit to the congressional intelligence committees
recommendations as to--
(1) which, if any, other elements of the intelligence
community would benefit from a program similar to the pilot
program required by subsection (a); and
(2) what, if any, modifications the Director would
recommend for such elements.
(h) Retention of Prescribed Rates of Pay After Termination of Pilot
Program.--After the period set forth in subsection (b), the Assistant
Secretary may continue to pay a person, who received pay during such
period pursuant to a rate of basic pay prescribed under subsection (c),
at a rate of basic pay not to exceed the rate of basic pay that was in
effect for the person on the day before the last day of such period,
until such time as the applicable rate of basic pay for the person
under the General Schedule exceeds the rate of basic pay that was so in
effect under subsection (c).
SEC. 315. PILOT PROGRAM ON STUDENT LOAN REPAYMENT AT OFFICE OF
INTELLIGENCE AND ANALYSIS OF DEPARTMENT OF THE TREASURY.
(a) Pilot Program.--
(1) Establishment.--The Assistant Secretary for
Intelligence and Analysis in the Department of the Treasury
shall carry out a pilot program to assess the feasibility and
advisability of using repayment of loans on behalf of persons
that were used by the persons to finance education as a
recruitment incentive for employment at the Office of
Intelligence and Analysis of China specialists, data
scientists, cyber specialists, and others with any other
analytic or technical capabilities that are in high demand by
the Office.
(b) Loan Repayments.--
(1) In general.--Under the pilot program, the Assistant
Secretary may repay the principal, interest, and related
expenses of a loan obtained by a covered person to finance
education.
(2) Covered persons.--For purposes of paragraph (1), a
covered person is a person who agrees to an offer from the
Assistant Secretary to participate in the pilot program before
beginning employment in the Office.
(3) Limitation on total amount.--Under the pilot program,
the Assistant Secretary may repay not more than $100,000 on
behalf of any one person.
(4) Limitation on annual amount of payments.--Under the
pilot program, the Assistant Secretary may repay not more than
$15,000 on behalf of any one person in any one fiscal year.
(5) Timing and period of payments.--In repaying a loan of a
person under the pilot program, the Assistant Secretary shall
make payments--
(A) on a monthly basis; and
(B) only during the period beginning on the date on
which the person begins employment with the Office and
ending on the date on which the person leaves
employment with the Office.
(c) Duration.--The Assistant Secretary shall carry out the pilot
program during the period of fiscal years 2022 through 2024.
(d) Limitation on Number of Participants.--The total number of
individuals receiving a loan repayment under the pilot program during
any fiscal year may not exceed 10.
(e) Administration.--
(1) In general.--In carrying out the pilot program, the
Assistant Secretary shall--
(A) establish such requirements relating to the
academic or specialized training of participants as the
Assistant Secretary considers appropriate to ensure
that participants are prepared for employment as
intelligence analysts; and
(B) periodically review the areas of high demand
for particular analytic or technical capabilities and
determine which academic areas of specialization may be
most useful in addressing that demand.
(2) Use of existing programs.--The Assistant Secretary
shall assess the feasibility and advisability of administering
the pilot program by leveraging student loan programs of the
Department of the Treasury that were in effect on the day
before the date of the enactment of this Act.
(f) Reports.--
(1) Preliminary report.--Not later than 120 days after the
date of the enactment of this Act, the Assistant Secretary
shall submit to Congress a preliminary report on the pilot
program, including a description of the pilot program and the
authorities to be utilized in carrying out the pilot program.
(2) Annual report.--
(A) In general.--Not later than one year after the
commencement of the pilot program and annually
thereafter until the program ends, the Assistant
Secretary shall submit to the congressional
intelligence committees and the Director of National
Intelligence a report on the pilot program.
(B) Contents.--Each report submitted under
subparagraph (A) shall include--
(i) a description of the activities under
the pilot program, including the number of
individuals who participated in the pilot
program;
(ii) an assessment of the effectiveness of
the pilot program as a recruitment tool; and
(iii) such recommendations for legislative
or administrative action as the Assistant
Secretary considers appropriate in light of the
pilot program.
(3) Recommendations.--Not later than 2 years after the
commencement of the pilot program, the Director of National
Intelligence shall submit to the congressional intelligence
committees the recommendations of the Director as to which, if
any, other elements of the intelligence community would benefit
from establishing a loan repayment program similar to the pilot
program required by subsection (a), and what, if any,
modifications the Director would recommend to the program if it
were established.
(g) Funding.--Of the amounts authorized to be appropriated by this
Act, $1,300,000 shall be available until expended to carry out this
section. Of such amounts--
(1) $1,000,000 shall be available for repayment of loans;
and
(2) $300,000 shall be available for a period of 2 years
during the pilot program to hire personnel to administer the
pilot program.
SEC. 316. PROHIBITION ON COLLECTION AND ANALYSIS OF UNITED STATES
PERSONS' INFORMATION BY INTELLIGENCE COMMUNITY BASED ON
FIRST AMENDMENT-PROTECTED ACTIVITIES.
No element of the intelligence community may collect or analyze a
United States person's information solely upon the basis of an activity
protected by the First Amendment to the Constitution of the United
States.
SEC. 317. SENSE OF THE SENATE ON THE USE OF INTELLIGENCE COMMUNITY
RESOURCES FOR COLLECTION, ASSESSMENT, AND ANALYSIS OF
INFORMATION PERTAINING EXCLUSIVELY TO UNITED STATES
PERSONS ABSENT A FOREIGN NEXUS.
It is the sense of the Senate that--
(1) the Federal Bureau of Investigation and the Department
of Homeland Security do vital work in enforcing the rule of law
and safeguarding the people of the United States from harm;
(2) the Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458; 118 Stat. 3638) sought to facilitate
greater information sharing between law enforcement and
intelligence communities for the purpose of thwarting attacks
on the homeland from international terrorist organizations;
(3) National Intelligence Program funds should be expended
only in support of intelligence activities with a foreign nexus
consistent with the definition of intelligence provided by
Congress in section 3 of the National Security Act of 1947 (50
U.S.C. 3003); and
(4) the intelligence community should not engage in the
collection, assessment, or analysis of information that
pertains exclusively to United States persons absent a foreign
nexus.
Subtitle B--Inspector General of the Intelligence Community
SEC. 321. SUBMITTAL OF COMPLAINTS AND INFORMATION BY WHISTLEBLOWERS IN
THE INTELLIGENCE COMMUNITY TO CONGRESS.
(a) Amendments to Inspector General Act of 1978.--
(1) Appointment of security officers.--Section 8H of the
Inspector General Act of 1978 (5 U.S.C. App.) is amended--
(A) by redesignating subsection (h) as subsection
(i); and
(B) by inserting after subsection (g) the
following:
``(h) 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 (a)(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 (d) of such section is
amended--
(A) by amending paragraph (2) to read as follows:
``(2)(A) Except as provided in subparagraph (B), the employee may
contact the intelligence committees directly as described in paragraph
(1) of this subsection or in subsection (a)(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 the
intelligence committees 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 the intelligence
committees in accordance with appropriate security practices;
or
``(II) obtains and follows such procedural direction from
the applicable security officer appointed under subsection (h).
``(B) 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 the intelligence committees
directly without obtaining or following the procedural direction
otherwise required under such subparagraph.''; and
(B) by redesignating paragraph (3) as paragraph
(4); and
(C) by inserting after paragraph (2) the following:
``(3) 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--
``(A) the Chairman and Vice Chairman of the Select
Committee on Intelligence of the Senate, 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; or
``(B) the Chairman and Ranking Member of the Permanent
Select Committee on Intelligence of 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 (a) of such section is amended by adding
at the end the following:
``(4) Subject to paragraphs (2) and (3) of subsection (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--
``(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 subsection (h) of
section 8H of the Inspector General Act of 1978 (5 U.S.C. App.).''.
(2) Procedures.--Subparagraph (D) of section 103H(k)(5) of
such Act (50 U.S.C. 3033(k)(5)) is amended--
(A) by amending clause (ii) to read as follows:
``(ii)(I) Except as provided in subclause (II), an employee may
contact the congressional intelligence committees 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 the congressional intelligence
committees directly; and
``(bb)(AA) obtains and follows from the Director, through
the Inspector General, procedural direction on how to contact
the intelligence committees in accordance with appropriate
security practices; or
``(BB) obtains and follows such procedural direction from
the applicable security officer appointed under section 8H(h)
of the Inspector General Act of 1978 (5 U.S.C. App.).
``(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 the congressional intelligence
committees directly without obtaining or following the procedural
direction otherwise required under such subclause.'';
(B) by redesignating clause (iii) as clause (iv);
and
(C) 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--
``(I) the Chairman and Vice Chairman of the Select
Committee on Intelligence of the Senate, 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; or
``(II) the Chairman and Ranking Member of the Permanent
Select Committee on Intelligence of 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--
``(A) in lieu of reporting such complaint or information
under clause (i); or
``(B) 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 subsection (h) of
section 8H of the Inspector General Act of 1978 (5 U.S.C. App.).''.
(2) Procedures.--Subparagraph (D) of such section is
amended--
(A) by amending clause (ii) to read as follows:
``(ii)(I) Except as provided in subclause (II), an employee may
contact the intelligence committees 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 the intelligence committees
directly; and
``(bb)(AA) obtains and follows from the Director, through
the Inspector General, procedural direction on how to contact
the intelligence committees in accordance with appropriate
security practices; or
``(BB) obtains and follows such procedural direction from
the applicable security officer appointed under section 8H(h)
of the Inspector General Act of 1978 (5 U.S.C. App.).
``(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 the congressional intelligence
committees directly without obtaining or following the procedural
direction otherwise required under such subclause.'';
(B) by redesignating clause (iii) as clause (iv);
and
(C) 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--
``(I) the Chairman and Vice Chairman of the Select
Committee on Intelligence of the Senate, 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; or
``(II) the Chairman and Ranking Member of the Permanent
Select Committee on Intelligence of 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--
``(A) in lieu of reporting such complaint or information
under clause (i); or
``(B) in addition to reporting such complaint or
information under clause (i).''.
SEC. 322. DEFINITIONS AND AUTHORITIES REGARDING WHISTLEBLOWER
COMPLAINTS AND INFORMATION OF URGENT CONCERN RECEIVED BY
INSPECTORS GENERAL OF THE INTELLIGENCE COMMUNITY.
(a) Definition of Urgent Concern.--
(1) National security act of 1947.--Section
103H(k)(5)(G)(i) of the National Security Act of 1947 (50
U.S.C. 3033(k)(5)(G)(i)) is amended by striking ``within the''
and all that follows through ``policy matters.'' and inserting
the following: ``of the Federal Government that is--
``(I) a matter of national security; and
``(II) not a difference of opinion concerning
public policy matters.''.
(2) Inspector general act of 1978.--Paragraph (1)(A) of
subsection (i) of section 8H of the Inspector General Act of
1978 (5 U.S.C. App.), as redesignated by section 321(a)(1)(A),
is amended by striking ``involving'' and all that follows
through ``policy matters.'' and inserting the following: ``of
the Federal Government that is--
``(i) a matter of national security; and
``(ii) not a difference of opinion
concerning public policy matters.''.
(3) Central intelligence agency act of 1949.--Section
17(d)(5)(G)(i)(I) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3517(d)(5)(G)(i)(I)) is amended by striking
``involving'' and all that follows through ``policy matters.''
and inserting the following: ``of the Federal Government that
is--
``(aa) a matter of national security; and
``(bb) not a difference of opinion
concerning public policy matters.''.
(b) Authority of Inspectors General.--
(1) Scope of authority of inspector general of the
intelligence community.--Section 103H(k)(5) of the National
Security Act of 1947 (50 U.S.C. 3033(k)(5)) is amended by
adding at the end the following:
``(J) The Inspector General shall have authority over any complaint
or information submitted to the Inspector General from an employee,
detailee, or contractor, or former employee, detailee, or contractor,
of the intelligence community.''.
(2) Authority of inspector general of the intelligence
community to determine matters of urgent concern.--Section
103H(k)(5)(G) of such Act (50 U.S.C. 3033(k)(5)(G)) is
amended--
(A) in clause (i), as amended by subsection (a)(1),
by resdesignating subclauses (I) and (II) as items (aa)
and (bb), respectively;
(B) by redesignating clauses (i), (ii), and (iii)
as subclauses (I), (II), and (III), respectively;
(C) in the matter before subclause (I), as
redesignated by subparagraph (B), by inserting ``(i)''
before ``In this''; and
(D) by adding at the end the following:
``(ii) The Inspector General shall have sole authority to determine
whether any complaint or information reported to the Inspector General
is a matter of urgent concern under this paragraph.''.
(3) Authority of inspectors general to determine matters of
urgent concern.--Subsection (i) of section 8H of the Inspector
General Act of 1978 (5 U.S.C. App.), as redesignated by section
321(a)(1)(A), is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), as amended by
subsection (a)(2), by redesignating clauses (i)
and (ii) as subclauses (I) and (II),
respectively; and
(ii) by redesignating paragraphs (A), (B),
and (C) and clauses (i), (ii), and (iii),
respectively;
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(C) in the matter before subparagraph (A), as
redesignated by subparagraph (B), by inserting ``(1)''
before ``In this''; and
(D) by adding at the end the following:
``(2) The Inspector General shall have sole authority to determine
whether any complaint or information reported to the Inspector General
is a matter of urgent concern under this section.''.
(4) Authority of inspector general of central intelligence
agency to determine matters of urgent concern.--Section
17(d)(5)(G) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3517(d)(5)(G)) is amended--
(A) in clause (i)--
(i) in subclause (I), as amended by
subsection (a)(3), by redesignating items (aa)
and (bb) as subitems (AA) and (BB),
respectively; and
(ii) by redesignating subclauses (I), (II),
and (III) as items (aa), (bb), and (cc),
respectively;
(B) by redesignating clauses (i) and (ii) as
subclauses (I) and (II), respectively; and
(C) in the matter before clause (I), as
redesignated by subparagraph (B), by inserting ``(i)''
before ``In this''; and
(D) by adding at the end the following:
``(ii) The Inspector General shall have sole authority to determine
whether any complaint or information reported to the Inspector General
is a matter of urgent concern under this paragraph.''.
SEC. 323. HARMONIZATION OF WHISTLEBLOWER PROTECTIONS.
(a) Prohibited Personnel Practices in the Intelligence Community.--
(1) Threats relating to personnel actions.--
(A) Agency employees.--Section 1104(b) of the
National Security Act of 1947 (50 U.S.C. 3234(b)) is
amended, in the matter preceding paragraph (1), by
inserting ``, or threaten to take or fail to take,''
after ``take or fail to take''.
(B) Contractor employees.--Section 1104(c)(1) of
such Act (50 U.S.C. 3234(c)(1)) is amended, in the
matter preceding subparagraph (A), by inserting ``, or
threaten to take or fail to take,'' after ``take or
fail to take''.
(2) Protection for contractor employees against reprisal
from agency employees.--Section 1104(c)(1) of such Act (50
U.S.C. 3234(c)(1)), as amended by paragraph (1)(B) of this
subsection, is further amended, in the matter preceding
subparagraph (A), by inserting ``of an agency or'' after ``Any
employee''.
(3) Enforcement.--Subsection (d) of section 1104 of such
Act (50 U.S.C. 3234) is amended to read as follows:
``(d) Enforcement.--The President shall provide for the enforcement
of this section consistent, to the fullest extent possible, with the
policies and procedures used to adjudicate alleged violations of
section 2302(b)(8) of title 5, United States Code.''.
(b) Retaliatory Revocation of Security Clearances and Access
Determinations.--
(1) Enforcement.--Section 3001(j) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j))
is amended--
(A) by redesignating paragraph (8) as paragraph
(9); and
(B) by inserting after paragraph (7) the following:
``(8) Enforcement.--Except as otherwise provided in this
subsection, the President shall provide for the enforcement of
this section consistent, to the fullest extent possible, with
the policies and procedures used to adjudicate alleged
violations of section 2302(b)(8) of title 5, United States
Code.''.
(2) Elimination of deadline for appeal of prohibited
reprisal.--Section 3001(j)(4)(A) of such Act (50 U.S.C.
3341(j)(4)(A)) is amended by striking ``within 90 days''.
(3) Elimination of cap on compensatory damages.--Section
3001(j)(4)(B) of such Act (50 U.S.C. 3341(j)(4)(B)) is amended,
in the second sentence, by striking ``not to exceed $300,000''.
(4) Establishing process parity for adverse security
clearance and access determinations.--Subparagraph (C) of
section 3001(j)(4) of such Act (50 U.S.C. 3341(j)(4)) is
amended to read as follows:
``(C) Burdens of proof.--
``(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.''.
(c) Correction of Definition of Agency.--Section 3001(a)(1)(B) of
the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(a)(1)(B)) is amended by striking ``and'' and inserting ``or''.
(d) Establishing Consistency With Respect to Protections for
Disclosures of Mismanagement.--
(1) Security clearance and access determinations.--Section
3001(j)(1) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (50 U.S.C. 3341(j)(1)) is amended--
(A) in subparagraph (A)(ii), by striking ``gross
mismanagement'' and inserting ``mismanagement''; and
(B) in subparagraph (B)(ii), by striking ``gross
mismanagement'' and inserting ``mismanagement''.
(2) Personnel actions against contractor employees.--
Section 1104(c)(1)(B) of the National Security Act of 1947 (50
U.S.C. 3234(c)(1)(B)) is amended by striking ``gross
mismanagement'' and inserting ``mismanagement''.
(e) Protected Disclosures to Supervisors.--
(1) Personnel actions.--
(A) Disclosures by agency employees to
supervisors.--Section 1104(b) of the National Security
Act of 1947 (50 U.S.C. 3234(b)), as amended by
subsection (a)(1)(A), is further amended, in the matter
preceding paragraph (1), by inserting ``a supervisor in
the employee's direct chain of command, or a supervisor
of the employing agency with responsibility for the
subject matter of the disclosure, up to and including''
before ``the head of the employing agency''.
(B) Disclosures by contractor employees to
supervisors.--Section 1104(c)(1) of such Act (50 U.S.C.
3234(c)(1)), as amended by subsection (a), is further
amended, in the matter preceding subparagraph (A), by
inserting ``a supervisor in the contractor employee's
direct chain of command up to and including'' before
``the head of the contracting agency''.
(2) Security clearance and access determinations.--Section
3001(j)(1)(A) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(j)(1)(A)) is amended, in
the matter preceding clause (i), by inserting ``a supervisor in
the employee's direct chain of command, or a supervisor of the
employing agency with responsibility for the subject matter of
the disclosure, up to and including'' before ``the head of the
employing agency''.
(f) Establishing Parity for Protected Disclosures.--Section 1104 of
the National Security Act of 1947 (50 U.S.C. 3234) is amended--
(1) in subsection (b), as amended by subsections (a)(1)(A)
and (e)(1)(A)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and moving
such subparagraphs, as so redesignated, 2 ems to the
right;
(B) in the matter preceding subparagraph (A), as
redesignated and moved by subparagraph (B) of this
paragraph, by striking ``for a lawful disclosure'' and
inserting the following: ``for--
``(1) any lawful disclosure''; and
(C) by adding at the end the following:
``(2) any lawful disclosure that complies with--
``(A) subsections (a)(1), (d), and (g) of section
8H of the Inspector General Act of 1978 (5 U.S.C.
App.);
``(B) subparagraphs (A), (D), and (H) of section
17(d)(5) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3517(d)(5)); or
``(C) subparagraphs (A), (D), and (I) of section
103H(k)(5); or
``(3) if the actions do not result in the employee
unlawfully disclosing information specifically required by
Executive order to be kept classified in the interest of
national defense or the conduct of foreign affairs, any lawful
disclosure in conjunction with--
``(A) the exercise of any appeal, complaint, or
grievance right granted by any law, rule, or
regulation;
``(B) testimony for or otherwise lawfully assisting
any individual in the exercise of any right referred to
in subparagraph (A); or
``(C) cooperation with or disclosing information to
the Inspector General of an agency, in accordance with
applicable provisions of law in connection with an
audit, inspection, or investigation conducted by the
Inspector General.''; and
(2) in subsection (c)(1), as amended by subsections (a) and
(e)(1)(B)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively, and moving such
clauses, as so redesignated, 2 ems to the right;
(B) in the matter preceding clause (i), as
redesignated and moved by subparagraph (B) of this
paragraph, by striking ``for a lawful disclosure'' and
inserting the following: ``for--
``(A) any lawful disclosure''; and
(C) by adding at the end the following:
``(B) any lawful disclosure that complies with--
``(i) subsections (a)(1), (d), and (g) of section
8H of the Inspector General Act of 1978 (5 U.S.C.
App.);
``(ii) subparagraphs (A), (D), and (H) of section
17(d)(5) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3517(d)(5)); or
``(iii) subparagraphs (A), (D), and (I) of section
103H(k)(5); or
``(C) if the actions do not result in the contractor
employee unlawfully disclosing information specifically
required by Executive order to be kept classified in the
interest of national defense or the conduct of foreign affairs,
any lawful disclosure in conjunction with--
``(i) the exercise of any appeal, complaint, or
grievance right granted by any law, rule, or
regulation;
``(ii) testimony for or otherwise lawfully
assisting any individual in the exercise of any right
referred to in clause (i); or
``(iii) cooperation with or disclosing information
to the Inspector General of an agency, in accordance
with applicable provisions of law in connection with an
audit, inspection, or investigation conducted by the
Inspector General.''.
(g) Clarification Relating to Protected Disclosures.--Section 1104
of the National Security Act of 1947 (50 U.S.C. 3234) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(f) and (g), respectively; and
(2) by inserting after subsection (c) the following:
``(d) Rule of Construction.--Consistent with the protection of
sources and methods, nothing in subsection (b) or (c) shall be
construed to authorize--
``(1) the withholding of information from Congress; or
``(2) the taking of any personnel action against an
employee who lawfully discloses information to Congress.
``(e) Disclosures.--A disclosure shall not be excluded from this
section because--
``(1) the disclosure was made to an individual, including a
supervisor, who participated in an activity that the employee
reasonably believed to be covered under subsection (b)(1)(B) or
the contractor employee reasonably believed to be covered under
subsection (c)(1)(A)(ii);
``(2) the disclosure revealed information that had been
previously disclosed;
``(3) the disclosure was not made in writing;
``(4) the disclosure was made while the employee was off
duty;
``(5) of the amount of time which has passed since the
occurrence of the events described in the disclosure; or
``(6) the disclosure was made during the normal course of
duties of an employee or contractor employee.''.
(h) Correction Relating to Normal Course Disclosures.--Section
3001(j)(3) of the Intelligence Reform and Terrorism Prevention Act of
2004 (50 U.S.C. 3341(j)(3)) is amended--
(1) by striking ``Disclosures.--'' and all that follows
through ``because--'' and inserting ``Disclosures.--A
disclosure shall not be excluded from paragraph (1) because--
'';
(2) by striking subparagraph (B);
(3) by redesignating clauses (i) through (v) as
subparagraphs (A) through (E), respectively, and moving such
subparagraphs, as so redesignated, 2 ems to the left;
(4) in subparagraph (D), as so redesignated, by striking
``or'' at the end;
(5) in subparagraph (E), as redesignated by paragraph (3),
by striking the period at the end and inserting ``; or''; and
(6) by adding at the end the following:
``(F) the disclosure was made during the normal
course of duties of an employee.''.
(i) Clarification Relating to Rule of Construction.--Section
3001(j)(2) of the Intelligence Reform and Terrorism Prevention Act of
2004 (50 U.S.C. 3341(j)(2)) is amended by inserting ``or clearance
action'' after ``personnel action''.
(j) Clarification Relating to Prohibited Practices.--
(1) Intelligence reform and terrorism prevention act of
2004.--Section 3001(j)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(1)), as
amended by this section, is further amended by striking
``over'' and inserting ``to take, materially impact, direct
others to take, recommend, or approve''.
(2) National security act of 1947.--
(A) Agency employees.--Section 1104(b) of the
National Security Act of 1947 (50 U.S.C. 3234(b)), as
amended by this section, is further amended by
inserting ``materially impact,'' after ``authority to
take,''
(B) Contractor employees.--Section 1104(c)(1) of
such Act (50 U.S.C. 3234(c)(1)), as amended by this
section, is further amended by inserting ``materially
impact,'' after ``authority to take,''.
(k) Technical Correction.--Section 3001(j)(1)(C)(i) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(j)(1)(C)(i)) is amended by striking ``(h)'' and inserting ``(g)''.
(l) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community shall submit to the congressional intelligence committees a
report assessing the extent to which protections provided under
Presidential Policy Directive 19 (relating to protecting whistleblowers
with access to classified information) have been codified in statutes.
SEC. 324. 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;
or'';
(2) by redesignating subsections (f) and (g), as
redesignated by section 323(g)(1), as subsections (g) and (h),
respectively; and
(3) by inserting after subsection (e), as added by section
323(g)(2), the following:
``(f) Personnel Actions Involving Disclosures of Whistleblower
Identity.--A personnel action described in subsection (a)(3)(J) shall
not be considered 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)), or section 8M(b)(2)(B) of the Inspector
General Act of 1978 (5 U.S.C. App.);
``(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 amended by
subsection (a)(3) of section 323(a)(3), redesignated by subsection
(g)(1) of such section, and further 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 of the
appropriate inspector general; and
``(ii) second, 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.''.
Subtitle C--Reports and Assessments Pertaining to the Intelligence
Community
SEC. 331. REPORT ON EFFORTS TO BUILD AN INTEGRATED HYBRID SPACE
ARCHITECTURE.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(3) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, and annually for 2 years thereafter, the
Director of National Intelligence, in coordination with the Under
Secretary of Defense for Intelligence and Security and the Director of
the National Reconnaissance Office, shall submit to the appropriate
committees of Congress a report on the efforts of the intelligence
community to build an integrated hybrid space architecture that
combines national and commercial capabilities and large and small
satellites.
(c) Elements.--The report required by subsection (b) shall include
the following:
(1) An assessment of how the integrated hybrid space
architecture approach is being realized in the overhead
architecture of the National Reconnaissance Office.
(2) An assessment of the benefits to the mission of the
National Reconnaissance Office and the cost of integrating
capabilities from smaller, proliferated satellites and data
from commercial satellites with the national technical means
architecture.
SEC. 332. REPORT ON PROJECT MAVEN TRANSITION.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(3) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
(b) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Director of the National Geospatial-
Intelligence Agency, in consultation with such other Federal Government
entities as the Director considers appropriate, shall submit to the
appropriate committees of Congress a report on the transition of
Project Maven to operational mission support.
(c) Plan of Action and Milestones.--The report required by
subsection (b) shall include a detailed plan of action and milestones
that identifies--
(1) the milestones and decision points leading up to the
transition of successful geospatial intelligence capabilities
developed under Project Maven to the National Geospatial-
Intelligence Agency; and
(2) the metrics of success regarding the transition
described in paragraph (1) and mission support provided to the
National Geospatial-Intelligence Agency for each of fiscal
years 2022 and 2023.
(d) Form.--The report required by subsection (b) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 333. ASSESSMENT OF INTELLIGENCE COMMUNITY COUNTERNARCOTICS
CAPABILITIES.
(a) Assessment Required.--Not later than 120 days after the date of
the enactment of this Act, the Director of National Intelligence shall,
in consultation with such other Federal Government entities as the
Director considers appropriate, submit to the congressional
intelligence committees an assessment on the status of the intelligence
community's--
(1) counternarcotics capabilities and resourcing with
regard to intelligence collection and analysis;
(2) operational support to foreign liaison partners; and
(3) operational capacity to support the counternarcotics
mission of the Federal Government.
(b) Form.--The assessment required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 334. ASSESSMENT OF INTELLIGENCE COMMUNITY'S INTELLIGENCE-SHARING
RELATIONSHIPS WITH LATIN AMERICAN PARTNERS IN
COUNTERNARCOTICS.
(a) Assessment Required.--Not later than 120 days after the date of
the enactment of this Act, the Director of National Intelligence shall,
in consultation with such other Federal Government entities as the
Director considers appropriate, submit to the congressional
intelligence committees an assessment on the intelligence-sharing
relationships of the intelligence community with foreign partners in
Latin America on counternarcotics matters.
(b) Form.--The assessment required by subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 335. REPORT ON UNITED STATES SOUTHERN COMMAND INTELLIGENCE
CAPABILITIES.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(3) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
(b) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Director of the Defense Intelligence Agency,
in consultation with such other Federal Government entities as the
Director considers relevant, shall submit to the appropriate committees
of Congress a report detailing the status of United States Southern
Command's intelligence collection, analysis, and operational
capabilities to support Latin America-based missions.
(c) Form.--The report required by subsection (b) shall be submitted
in unclassified form, but may include a classified annex.
SEC. 336. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON TRENDS IN
TECHNOLOGIES OF STRATEGIC IMPORTANCE TO UNITED STATES.
(a) In General.--Not less frequently than once every 2 years until
the date that is 4 years after the date of the enactment of this Act,
the Director of National Intelligence shall submit to Congress a report
assessing commercial and foreign trends in technologies the Director
considers of strategic importance to the national and economic security
of the United States.
(b) Contents.--The report required by subsection (a) shall include
the following:
(1) A list of the top technology focus areas that the
Director considers to be of the most strategic importance to
the United States.
(2) A list of the top technology focus areas in which
countries that are adversarial to the United States are poised
to match or surpass the technological leadership of the United
States.
(c) Form.--Each report submitted under subsection (a) may take the
form of a National Intelligence Estimate and shall be submitted in
classified form, but may include an unclassified summary.
SEC. 337. REPORT ON NORD STREAM II COMPANIES AND INTELLIGENCE TIES.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, the Committee on
Banking, Housing, and Urban Affairs, the Committee on Foreign
Relations, and the Committee on Appropriations of the Senate;
and
(3) the Committee on Armed Services, the Committee on
Energy and Commerce, the Committee on Financial Services, the
Committee on Foreign Affairs, and the Committee on
Appropriations of the House of Representatives.
(b) Report Required.--Not later than 30 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with other appropriate Federal Government entities, shall
submit to the appropriate committees of Congress a report on Nord
Stream II efforts, including:
(1) an unclassified list of all companies supporting the
Nord Stream II project; and
(2) an updated assessment of current or former ties between
Nord Stream's Chief Executive Officer and Russian, East German,
or other hostile intelligence agencies.
(c) Form.--The report required under subsection (b) shall be
submitted in unclassified form, but may include a classified annex, if
necessary.
SEC. 338. ASSESSMENT OF ORGANIZATION OF DEFENSIVE INNOVATION AND
RESEARCH ACTIVITIES.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(3) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
(b) Assessment Required.--Not later than 120 days after the date of
the enactment of this Act, the Director of National Intelligence, in
consultation with other appropriate Federal Government entities, shall
submit to the appropriate committees of Congress an assessment of the
activities and objectives of the Organization of Defensive Innovation
and Research (SPND). This assessment shall include information about
the composition of the organization, the relationship of its personnel
to any research on weapons of mass destruction, and any sources of
financial and material support that such organization receives,
including from the Government of Iran.
(c) Form.--The assessment required under subsection (b) shall be
submitted in unclassified form, but may include a classified annex, if
necessary.
SEC. 339. REPORT ON INTELLIGENCE COMMUNITY SUPPORT TO VISAS MANTIS
PROGRAM.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations, the Committee on
the Judiciary, and the Committee on Appropriations of the
Senate; and
(3) the Committee on Foreign Affairs, the Committee on the
Judiciary, and the Committee on Appropriations of the House of
Representatives.
(b) Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Director of National
Intelligence, in consultation with the head of any other
appropriate Government entity, shall submit to the appropriate
committees of Congress a report on intelligence matters
relating to the Visas Mantis program, including efforts by--
(A) the intelligence community to provide and plan
for effective intelligence support to such program; and
(B) hostile intelligence services to exploit such
program or any other program by which visas for
admission to the United States are issued.
(2) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex, as necessary.
SEC. 340. PLAN FOR ARTIFICIAL INTELLIGENCE DIGITAL ECOSYSTEM.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Director of National Intelligence shall--
(1) develop a plan for the development and resourcing of a
modern digital ecosystem that embraces state-of-the-art tools
and modern processes to enable development, testing, fielding,
and continuous updating of artificial intelligence-powered
applications at speed and scale from headquarters to the
tactical edge; and
(2) submit to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of
the House of Representatives the plan developed under paragraph
(1).
(b) Contents of Plan.--At a minimum, the plan required by
subsection (a) shall include the following:
(1) A roadmap for adopting a hoteling model to allow
trusted small- and medium-sized artificial intelligence
companies access to classified facilities on a flexible basis.
(2) An open architecture and an evolving reference design
and guidance for needed technical investments in the proposed
ecosystem that address issues, including common interfaces,
authentication, applications, platforms, software, hardware,
and data infrastructure.
(3) A governance structure, together with associated
policies and guidance, to drive the implementation of the
reference throughout the intelligence community on a federated
basis.
(4) Recommendations to ensure that use of artificial
intelligence and associated data in Federal Government
operations comport with rights relating to freedom of
expression, equal protection, privacy, and due process.
(c) Form.--The plan submitted under subsection (a)(2) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 341. STUDY ON UTILITY OF EXPANDED PERSONNEL MANAGEMENT AUTHORITY.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate; and
(3) the Committee on Armed Services of the House of
Representatives.
(b) In General.--Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Defense for Intelligence
and Security and the Director of National Intelligence shall jointly
submit to the appropriate committees of Congress a study on the utility
of providing elements of the intelligence community of the Department
of Defense, other than the National Geospatial-Intelligence Agency,
personnel management authority to attract experts in science and
engineering under section 1599h of title 10, United States Code.
SEC. 342. ASSESSMENT OF ROLE OF FOREIGN GROUPS IN DOMESTIC VIOLENT
EXTREMISM.
(a) Assessment Required.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence
shall--
(1) complete an assessment to identify the role of foreign
groups, including entities, adversaries, governments, or other
groups, in domestic violent extremist activities in the United
States; and
(2) submit to the congressional intelligence committees the
findings of the assessment completed under paragraph (1).
(b) Form.--The findings submitted under subsection (a)(2) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 343. REPORT ON THE ASSESSMENT OF ALL-SOURCE CYBER INTELLIGENCE
INFORMATION, WITH AN EMPHASIS ON SUPPLY CHAIN RISKS.
(a) Report Required.--Not later than 180 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 the
potential to strengthen all-source intelligence integration relating to
foreign cyber threats, with an emphasis on cyber supply chain risks.
(b) Contents.--The report required under subsection (a) shall
include the following:
(1) An assessment of the effectiveness of the all-source
cyber intelligence integration capabilities of the Office of
the Director of National Intelligence and recommendations for
such changes as the Director considers necessary to strengthen
those capabilities.
(2) An assessment of the effectiveness of the Office of the
Director of National Intelligence in analyzing and reporting on
cyber supply chain risks, including efforts undertaken by the
National Counterintelligence and Security Center.
(3) Mitigation plans for any gaps or deficiencies
identified in the assessments included under paragraphs (1) and
(2).
SEC. 344. REVIEW OF NATIONAL SECURITY AGENCY AND UNITED STATES CYBER
COMMAND.
(a) Review Required.--Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community and the Inspector General of the Department of Defense shall
jointly complete a review of the National Security Agency and the
United States Cyber Command.
(b) Elements.--The review required by subsection (a) shall include
assessment of the following:
(1) Whether resources, authorities, activities, missions,
facilities, and personnel are appropriately being delineated
and used to conduct the intelligence and cybersecurity missions
at the National Security Agency as well as the cyber offense
and defense missions of United States Cyber Command.
(2) The extent to which current resource-sharing
arrangements between the National Security Agency and United
States Cyber Command lead to conflicts of interest in directing
intelligence collection in support of United States Cyber
Command missions rather than foreign intelligence collection.
(3) The intelligence analysis and production conducted by
United States Cyber Command using National Security Agency
authorities, with a focus on analytic integrity and
intelligence oversight to ensure proper analysis is informing
mission operations.
(c) Report and Brief.--Not later than 180 days after the date of
the enactment of this Act, the Inspector General of the Intelligence
Community and the Inspector General of the Department of Defense shall
jointly submit to the congressional intelligence committees and the
congressional defense committees (as defined in section 101(a) of title
10, United States Code) a report and provide such committees a briefing
on the findings of the inspectors general with respect to the review
completed under subsection (a).
SEC. 345. SUPPORT FOR AND OVERSIGHT OF UNIDENTIFIED AERIAL PHENOMENA
TASK FORCE.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' includes:
(A) The congressional intelligence committees.
(B) The Committee on Armed Services of the Senate.
(C) The Committee on Armed Services of the House of
Representatives.
(2) Unidentified aerial phenomena task force.--The term
``Unidentified Aerial Phenomena Task Force'' means the task
force established by the Department of Defense on August 4,
2020, to be led by the Department of the Navy, under the Office
of the Under Secretary of Defense for Intelligence and
Security.
(b) Availability of Data on Unidentified Aerial Phenomena.--The
Director of National Intelligence and the Secretary of Defense shall
each, in coordination with each other, require each element of the
intelligence community and the Department of Defense with data relating
to unidentified aerial phenomena to make such data available
immediately to the Unidentified Aerial Phenomena Task Force and to the
National Air and Space Intelligence Center.
(c) Quarterly Reports to Congress.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act and not less frequently than
quarterly thereafter, the Unidentified Aerial Phenomena Task
Force, or such other entity as the Deputy Secretary of Defense
may designate to be responsible for matters relating to
unidentified aerial phenomena, shall submit to the appropriate
committees of Congress quarterly reports on the findings of the
Unidentified Aerial Phenomena Task Force, or such other
designated entity as the case may be.
(2) Contents.--Each report submitted under paragraph (1)
shall include, at a minimum, the following:
(A) All reported unidentified aerial phenomena-
related events that occurred during the previous 90
days.
(B) All reported unidentified aerial phenomena-
related events that occurred during a time period other
than the previous 90 days but were not included in an
earlier report.
(3) Form.--Each report submitted under paragraph (1) shall
be submitted in classified form.
SEC. 346. PUBLICATION OF UNCLASSIFIED APPENDICES FROM REPORTS ON
INTELLIGENCE COMMUNITY PARTICIPATION IN VULNERABILITIES
EQUITIES PROCESS.
Section 6720(c) of the National Defense Authorization Act for
Fiscal Year 2020 (50 U.S.C. 3316a(c)) is amended by adding at the end
the following:
``(4) Publication.--The Director of National Intelligence
shall make available to the public each unclassified appendix
submitted with a report under paragraph (1) pursuant to
paragraph (2).''.
SEC. 347. REPORT ON FUTURE STRUCTURE AND RESPONSIBILITIES OF FOREIGN
MALIGN INFLUENCE CENTER.
(a) Assessment and Report Required.--Not later than one year after
the date of the enactment of this Act, the Director of National
Intelligence shall--
(1) conduct an assessment as to the future structure and
responsibilities of the Foreign Malign Influence Center; and
(2) submit to the congressional intelligence committees a
report on the findings of the Director with respect to the
assessment conducted under paragraph (1).
(b) Elements.--The assessment conducted under subsection (a)(1)
shall include an assessment of whether--
(1) the Director of the Foreign Malign Influence Center
should continue to report directly to the Director of National
Intelligence; or
(2) the Foreign Malign Influence Center should become an
element of the National Counterintelligence and Security Center
and the Director of the Foreign Malign Influence Center should
report to the Director of the National Counterintelligence and
Security Center.
Subtitle D--People's Republic of China
SEC. 351. ASSESSMENT OF POSTURE AND CAPABILITIES OF INTELLIGENCE
COMMUNITY WITH RESPECT TO ACTIONS OF THE PEOPLE'S
REPUBLIC OF CHINA TARGETING TAIWAN.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(3) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
(b) Assessment Required.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence and
the Director of the Central Intelligence Agency shall jointly--
(1) complete an assessment to identify whether the posture
and capabilities of the intelligence community are adequate to
provide--
(A) sufficient indications and warnings regarding
actions of the People's Republic of China targeting
Taiwan; and
(B) policymakers with sufficient lead time to
respond to actions described in subparagraph (A); and
(2) submit to the appropriate committees of Congress the
findings of the assessment completed under paragraph (1).
(c) Form.--The findings submitted under subsection (b)(2) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 352. PLAN TO COOPERATE WITH INTELLIGENCE AGENCIES OF KEY
DEMOCRATIC COUNTRIES REGARDING TECHNOLOGICAL COMPETITION
WITH PEOPLE'S REPUBLIC OF CHINA.
Not later than 180 days after the date of the enactment of this
Act, the Director of National Intelligence shall submit to the
congressional intelligence committees a plan to increase cooperation
with the intelligence agencies of key democratic countries and key
partners and allies of the United States in order to track and analyze
the following:
(1) Technology capabilities and gaps among allied and
partner countries of the United States.
(2) Current capabilities of the People's Republic of China
in critical technologies and components.
(3) The efforts of the People's Republic of China to buy
startups, conduct joint ventures, and invest in specific
technologies globally.
(4) The technology development of the People's Republic of
China in key technology sectors.
(5) The efforts of the People's Republic of China relating
to standard-setting forums.
(6) Supply chain vulnerabilities for key technology
sectors.
SEC. 353. ASSESSMENT OF PEOPLE'S REPUBLIC OF CHINA GENOMIC COLLECTION.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Health, Education, Labor, and Pensions, and the Committee on
Foreign Relations of the Senate; and
(3) the Committee on Armed Services, the Committee on Labor
and Education, and the Committee on Foreign Affairs of the
House of Representatives.
(b) Assessment Required.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence, in
consultation with other appropriate Federal Government entities, shall
submit to the appropriate committees of Congress an assessment of the
People's Republic of China's plans, intentions, capabilities, and
resources devoted to biotechnology, and the objectives underlying those
activities. The assessment shall include--
(1) a detailed analysis of efforts undertaken by the
People's Republic of China (PRC) to acquire foreign-origin
biotechnology, research and development, and genetic
information, including technology owned by United States
companies, research by United States institutions, and the
genetic information of United States citizens;
(2) identification of PRC-based organizations conducting or
directing these efforts, including information about the ties
between those organizations and the PRC government, the Chinese
Communist Party, or the People's Liberation Army; and
(3) a detailed analysis of the intelligence community
resources devoted to biotechnology, including synthetic biology
and genomic-related issues, and a plan to improve understanding
of these issues and ensure the intelligence community has the
requisite expertise.
(c) Form.--The assessment required under subsection (b) shall be
submitted in unclassified form, but may include a classified annex, if
necessary.
SEC. 354. UPDATES TO ANNUAL REPORTS ON INFLUENCE OPERATIONS AND
CAMPAIGNS IN THE UNITED STATES BY THE CHINESE COMMUNIST
PARTY.
Section 1107(b) of the National Security Act of 1947 (50 U.S.C.
3237(b)) is amended--
(1) by redesignating paragraph (9) as paragraph (10); and
(2) by inserting after paragraph (8) the following:
``(9) A listing of all known Chinese talent recruitment
programs operating in the United States as of the date of the
report.''.
SEC. 355. REPORT ON INFLUENCE OF PEOPLE'S REPUBLIC OF CHINA THROUGH
BELT AND ROAD INITIATIVE PROJECTS WITH OTHER COUNTRIES.
(a) Report Required.--Not later than 180 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 recent
projects negotiated by the People's Republic of China with other
countries as part of the Belt and Road Initiative of the People's
Republic of China. Such report shall include information about the
types of such projects, costs of such projects, and the potential
national security implications of such projects.
(b) Form.--The report submitted under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 356. STUDY ON THE CREATION OF AN OFFICIAL DIGITAL CURRENCY BY THE
PEOPLE'S REPUBLIC OF CHINA.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Banking, Housing, and Urban Affairs,
the Committee on Foreign Relations, and the Committee on
Appropriations of the Senate; and
(3) the Committee on Financial Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives.
(b) In General.--Not later than one year after the date of the
enactment of this Act, the President shall submit to the appropriate
committees of Congress a report on the short-, medium-, and long-term
national security risks associated with the creation and use of the
official digital renminbi of the People's Republic of China,
including--
(1) risks arising from potential surveillance of
transactions;
(2) risks related to security and illicit finance; and
(3) risks related to economic coercion and social control
by the People's Republic of China.
(c) Form of Report.--The report required by subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 357. REPORT ON EFFORTS OF CHINESE COMMUNIST PARTY TO ERODE FREEDOM
AND AUTONOMY IN HONG KONG.
(a) Report Required.--Not later than 180 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
of the Chinese Communist Party to stifle political freedoms in Hong
Kong, influence or manipulate the judiciary of Hong Kong, destroy
freedom of the press and speech in Hong Kong, and take actions to
otherwise undermine the democratic processes of Hong Kong.
(b) Contents.--The report submitted under subsection (a) shall
include an assessment of the implications of the efforts of the Chinese
Communist Party described in such subsection for international
business, investors, academic institutions, and other individuals
operating in Hong Kong.
(c) Form.--The report submitted under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 358. REPORT ON TARGETING OF RENEWABLE SECTORS BY CHINA.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report assessing
the efforts and advancements of China in the wind power, solar power,
and electric vehicle battery production sectors (or key components of
such sectors).
(b) Contents.--The report submitted under subsection (a) shall
include the following:
(1) An assessment of how China is targeting rare earth
minerals and the effect of such targeting on the sectors
described in subsection (a).
(2) Details of the use by the Chinese Communist Party of
state-sanctioned forced labor schemes, including forced labor
and the transfer of Uyghurs and other ethnic groups, and other
human rights abuses in such sectors.
(c) Form.--The report submitted under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
TITLE IV--ANOMALOUS HEALTH INCIDENTS
SEC. 401. DEFINITION OF ANOMALOUS HEALTH INCIDENT.
In this title, the term ``anomalous health incident'' means an
unexplained health event characterized by any of a collection of
symptoms and clinical signs that includes the sudden onset of perceived
loud sound, a sensation of intense pressure or vibration in the head,
possibly with a directional character, followed by the onset of
tinnitus, hearing loss, acute disequilibrium, unsteady gait, visual
disturbances, and ensuing cognitive dysfunction.
SEC. 402. ASSESSMENT AND REPORT ON INTERAGENCY COMMUNICATION RELATING
TO EFFORTS TO ADDRESS ANOMALOUS HEALTH INCIDENTS.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall--
(1) conduct an assessment of how the various elements of
the intelligence community are coordinating or collaborating
with each other and with elements of the Federal Government
that are not part of the intelligence community in their
efforts to address anomalous health incidents; and
(2) submit to the congressional intelligence committees a
report on the findings of the Director with respect to the
assessment conducted under paragraph (1).
(b) Form.--The report submitted pursuant to subsection (a)(2) shall
be submitted in unclassified form, but may include a classified annex.
SEC. 403. ADVISORY PANEL ON THE OFFICE OF MEDICAL SERVICES OF THE
CENTRAL INTELLIGENCE AGENCY.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
establish, under the sponsorship of the National Institutes of Health
and such other entities as the Director considers appropriate, an
advisory panel to assess the capabilities, expertise, and
qualifications of the Office of Medical Services of the Central
Intelligence Agency in relation to the care and health management of
personnel of the intelligence community who are reporting symptoms
consistent with anomalous health incidents.
(b) Membership.--
(1) In general.--The advisory panel shall be composed of at
least 9 individuals selected by the Director of National
Intelligence from among individuals who are recognized experts
in the medical profession and intelligence community.
(2) Diversity.--In making appointments to the advisory
panel, the Director shall ensure that the members of the panel
reflect diverse experiences in the public and private sectors.
(c) Duties.--The duties of the advisory panel established under
subsection (a) are as follows:
(1) To review the performance of the Office of Medical
Services of the Central Intelligence Agency, specifically as it
relates to the medical care of personnel of the intelligence
community who are reporting symptoms consistent with anomalous
health incidents during the period beginning on January 1,
2016, and ending on December 31, 2021.
(2) To assess the policies and procedures that guided
external treatment referral practices for Office of Medical
Services patients who reported symptoms consistent with
anomalous health incidents during the period described in
paragraph (1).
(3) To develop recommendations regarding capabilities,
processes, and policies to improve patient treatment by the
Office of Medical Services with regard to anomalous health
incidents, including with respect to access to external
treatment facilities and specialized medical care.
(4) To prepare and submit a report as required by
subsection (e)(1).
(d) Administrative Matters.--
(1) In general.--The Director of the Central Intelligence
Agency shall provide the advisory panel established pursuant to
subsection (a) with timely access to appropriate information,
data, resources, and analysis so that the advisory panel may
carry out the duties of the advisory panel under subsection
(c).
(2) Inapplicability of faca.--The requirements of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the advisory panel established pursuant to subsection (a).
(e) Reports.--
(1) Final report.--Not later than 1 year after the date on
which the Director of National Intelligence establishes the
advisory panel pursuant to subsection (a), the advisory panel
shall submit to the Director of National Intelligence, the
Director of the Central Intelligence Agency, and the
congressional intelligence committees a final report on the
activities of the advisory panel under this section.
(2) Elements.--The final report submitted under paragraph
(1) shall contain a detailed statement of the findings and
conclusions of the panel, including--
(A) a history of anomalous health incidents; and
(B) such additional recommendations for legislation
or administrative action as the advisory panel
considers appropriate.
(3) Interim report or briefing.--Not later than 180 days
after the date of the enactment of this Act, the Director of
National Intelligence shall submit to the congressional
intelligence committees a report or provide such committees a
briefing on the interim findings of the advisory panel with
respect to the elements set forth in paragraph (2).
(4) Comments of the director of national intelligence.--Not
later than 30 days after receiving the final report of the
advisory panel under paragraph (1), the Director of National
Intelligence shall submit to the congressional intelligence
committees such comments as the Director may have with respect
to such report.
SEC. 404. JOINT TASK FORCE TO INVESTIGATE ANOMALOUS HEALTH INCIDENTS.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Appropriations of the Senate; and
(3) the Committee on Armed Services and the Committee on
Appropriations of the House of Representatives.
(b) Joint Task Force Required.--The Director of National
Intelligence and the Director of the Federal Bureau of Investigation
shall jointly establish a task force to investigate anomalous health
incidents.
(c) Consultation.--In carrying out an investigation under
subsection (b), the task force established under such subsection shall
consult with the Secretary of Defense.
(d) Report to Congress.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the task force established under
subsection (b) shall complete the investigation required by
such subsection and submit to the appropriate committees of
Congress a written report on the findings of the task force
with respect to such investigation.
(2) Form.--The report submitted pursuant to paragraph (1)
shall be submitted in unclassified form, but may include a
classified annex.
SEC. 405. REPORTING ON OCCURRENCE OF ANOMALOUS HEALTH INCIDENTS.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Appropriations of the Senate; and
(3) the Committee on Appropriations of the House of
Representatives.
(b) In General.--Whenever the head of an element of the
intelligence community becomes aware of a report of an anomalous health
incident occurring among the employees or contractors of the element,
the head of the element shall submit to the appropriate committees of
Congress a brief report on the reported incident.
SEC. 406. ACCESS TO CERTAIN FACILITIES OF UNITED STATES GOVERNMENT FOR
ASSESSMENT OF ANOMALOUS HEALTH CONDITIONS.
(a) Assessment.--The Director of National Intelligence shall ensure
that elements of the intelligence community provide to employees of
elements of the intelligence community and their family members who are
experiencing symptoms of anomalous health conditions timely access for
medical assessment to facilities of the United States Government with
expertise in traumatic brain injury.
(b) Process for Assessment and Treatment.--The Director of National
Intelligence shall coordinate with the Secretary of Defense and the
heads of such Federal agencies as the Director considers appropriate to
ensure there is a process to provide employees and their family members
described in subsection (a) with timely access to the National Intrepid
Center of Excellence at Walter Reed National Military Medical Center
for assessment and, if necessary, treatment, by not later than 60 days
after the date of the enactment of this Act.
TITLE V--SECURITY CLEARANCES AND TRUSTED WORKFORCE
SEC. 501. EXCLUSIVITY, CONSISTENCY, AND TRANSPARENCY IN SECURITY
CLEARANCE PROCEDURES, AND RIGHT TO APPEAL.
(a) Exclusivity of Procedures.--Section 801 of the National
Security Act of 1947 (50 U.S.C. 3161) is amended by adding at the end
the following:
``(c) Exclusivity.--Except as provided in subsection (b) and
subject to sections 801A and 801B, the procedures established pursuant
to subsection (a) and promulgated and set forth under part 2001 of
title 32, Code of Federal Regulations, or successor regulations, shall
be the exclusive procedures by which decisions about eligibility for
access to classified information are governed.''.
(b) Transparency.--Such section is further amended by adding at the
end the following:
``(d) Publication.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this subsection, the President shall--
``(A) publish in the Federal Register the
procedures established pursuant to subsection (a); or
``(B) submit to Congress a certification that the
procedures currently in effect that govern access to
classified information as described in subsection (a)--
``(i) are published in the Federal
Register; and
``(ii) comply with the requirements of
subsection (a).
``(2) Updates.--Whenever the President makes a revision to
a procedure established pursuant to subsection (a), the
President shall publish such revision in the Federal Register
not later than 30 days before the date on which the revision
becomes effective.''.
(c) Consistency.--
(1) In general.--Title VIII of the National Security Act of
1947 (50 U.S.C. 3161 et seq.) is amended by inserting after
section 801 the following:
``SEC. 801A. DECISIONS RELATING TO ACCESS TO CLASSIFIED INFORMATION.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term `Executive agency' in section 105 of title 5, United
States Code.
``(2) Classified information.--The term `classified
information' includes sensitive compartmented information,
restricted data, restricted handling information, and other
compartmented information.
``(3) Eligibility for access to classified information.--
The term `eligibility for access to classified information' has
the meaning given such term in the procedures established
pursuant to section 801(a).
``(b) In General.--Each head of an agency that makes a
determination regarding eligibility for access to classified
information shall ensure that in making the determination, the head of
the agency or any person acting on behalf of the head of the agency--
``(1) does not violate any right or protection enshrined in
the Constitution of the United States, including rights
articulated in the First, Fifth, and Fourteenth Amendments;
``(2) does not discriminate for or against an individual on
the basis of race, ethnicity, color, religion, sex, national
origin, age, or handicap;
``(3) is not carrying out--
``(A) retaliation for political activities or
beliefs; or
``(B) a coercion or reprisal described in section
2302(b)(3) of title 5, United States Code; and
``(4) does not violate section 3001(j)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(j)(1)).''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of the National Security Act of 1947
(50 U.S.C. 3002) is amended by inserting after the item
relating to section 801 the following:
``Sec. 801A. Decisions relating to access to classified information.''.
(d) Right to Appeal.--
(1) In general.--Such title, as amended by subsection (c),
is further amended by inserting after section 801A the
following:
``SEC. 801B. RIGHT TO APPEAL.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term `Executive agency' in section 105 of title 5, United
States Code.
``(2) Covered person.--The term `covered person' means a
person, other than the President and Vice President, currently
or formerly employed in, detailed to, assigned to, or issued an
authorized conditional offer of employment for a position that
requires access to classified information by an agency,
including the following:
``(A) A member of the Armed Forces.
``(B) A civilian.
``(C) An expert or consultant with a contractual or
personnel obligation to an agency.
``(D) Any other category of person who acts for or
on behalf of an agency as determined by the head of the
agency.
``(3) Eligibility for access to classified information.--
The term `eligibility for access to classified information' has
the meaning given such term in the procedures established
pursuant to section 801(a).
``(4) Need for access.--The term `need for access' has such
meaning as the President may define in the procedures
established pursuant to section 801(a).
``(5) Reciprocity of clearance.--The term `reciprocity of
clearance', with respect to a denial by an agency, means that
the agency, with respect to a covered person--
``(A) failed to accept a security clearance
background investigation as required by paragraph (1)
of section 3001(d) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341(d));
``(B) failed to accept a transferred security
clearance background investigation required by
paragraph (2) of such section;
``(C) subjected the covered person to an additional
investigative or adjudicative requirement in violation
of paragraph (3) of such section; or
``(D) conducted an investigation in violation of
paragraph (4) of such section.
``(6) Security executive agent.--The term `Security
Executive Agent' means the officer serving as the Security
Executive Agent pursuant to section 803.
``(b) Agency Review.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the Intelligence Authorization Act for
Fiscal Year 2022, each head of an agency shall, consistent with
the interests of national security, establish and publish in
the Federal Register a process by which a covered person to
whom eligibility for access to classified information was
denied or revoked by the agency or for whom reciprocity of
clearance was denied by the agency can appeal that denial or
revocation within the agency.
``(2) Elements.--The process required by paragraph (1)
shall include the following:
``(A) In the case of a covered person to whom
eligibility for access to classified information or
reciprocity of clearance is denied or revoked by an
agency, the following:
``(i) The head of the agency shall provide
the covered person with a written--
``(I) detailed explanation of the
basis for the denial or revocation as
the head of the agency determines is
consistent with the interests of
national security and as permitted by
other applicable provisions of law; and
``(II) notice of the right of the
covered person to a hearing and appeal
under this subsection.
``(ii) Not later than 30 days after
receiving a request from the covered person for
copies of the documents that formed the basis
of the agency's decision to revoke or deny,
including the investigative file, the head of
the agency shall provide to the covered person
copies of such documents as--
``(I) the head of the agency
determines is consistent with the
interests of national security; and
``(II) permitted by other
applicable provisions of law,
including--
``(aa) section 552 of title
5, United States Code (commonly
known as the `Freedom of
Information Act');
``(bb) section 552a of such
title (commonly known as the
`Privacy Act of 1974'); and
``(cc) such other
provisions of law relating to
the protection of confidential
sources and privacy of
individuals.
``(iii)(I) The covered person shall have
the opportunity to retain counsel or other
representation at the covered person's expense.
``(II) Upon the request of the covered
person, and a showing that the ability to
review classified information is essential to
the resolution of an appeal under this
subsection, counsel or other representation
retained under this clause shall be considered
for access to classified information for the
limited purposes of such appeal.
``(iv)(I) The head of the agency shall
provide the covered person an opportunity, at a
point in the process determined by the agency
head--
``(aa) to appear personally before
an adjudicative or other authority,
other than the investigating entity,
and to present to such authority
relevant documents, materials, and
information, including evidence that
past problems relating to the denial or
revocation have been overcome or
sufficiently mitigated; and
``(bb) to call and cross-examine
witnesses before such authority, unless
the head of the agency determines that
calling and cross-examining witnesses
is not consistent with the interests of
national security.
``(II) The head of the agency shall make,
as part of the security record of the covered
person, a written summary, transcript, or
recording of any appearance under item (aa) of
subclause (I) or of any calling or cross-
examining of witnesses under item (bb) of such
subclause.
``(v) On or before the date that is 30 days
after the date on which the covered person
receives copies of documents under clause (ii),
the covered person may request a hearing of the
decision to deny or revoke by filing a written
appeal with the head of the agency.
``(B) A requirement that each review of a decision
under this subsection is completed on average not later
than 180 days after the date on which a hearing is
requested under subparagraph (A)(v).
``(3) Agency review panels.--
``(A) In general.--Each head of an agency shall
establish a panel to hear and review appeals under this
subsection.
``(B) Membership.--
``(i) Composition.--Each panel established
by the head of an agency under subparagraph (A)
shall be composed of at least 3 employees of
the agency selected by the agency head, two of
whom shall not be members of the security
field.
``(ii) Terms.--A term of service on a panel
established by the head of an agency under
subparagraph (A) shall not exceed 2 years.
``(C) Decisions.--
``(i) Written.--Each decision of a panel
established under subparagraph (A) shall be in
writing and contain a justification of the
decision.
``(ii) Consistency.--Each head of an agency
that establishes a panel under subparagraph (A)
shall ensure that each decision of the panel is
consistent with the interests of national
security and applicable provisions of law.
``(iii) Overturn.--The head of an agency
may overturn a decision of the panel if, not
later than 30 days after the date on which the
panel issues the decision, the agency head
personally exercises the authority granted by
this clause to overturn such decision.
``(iv) Finality.--Each decision of a panel
established under subparagraph (A) or
overturned pursuant to clause (iii) of this
subparagraph shall be final but subject to
appeal and review under subsection (c).
``(D) Access to classified information.--The head
of an agency that establishes a panel under
subparagraph (A) shall afford access to classified
information to the members of the panel as the agency
head determines--
``(i) necessary for the panel to hear and
review an appeal under this subsection; and
``(ii) consistent with the interests of
national security.
``(4) Representation by counsel.--
``(A) In general.--Each head of an agency shall
ensure that, under this subsection, a covered person
appealing a decision of the head's agency under this
subsection has an opportunity to retain counsel or
other representation at the covered person's expense.
``(B) Access to classified information.--
``(i) In general.--Upon the request of a
covered person appealing a decision of an
agency under this subsection and a showing that
the ability to review classified information is
essential to the resolution of the appeal under
this subsection, the head of the agency shall
sponsor an application by the counsel or other
representation retained under this paragraph
for access to classified information for the
limited purposes of such appeal.
``(ii) Extent of access.--Counsel or
another representative who is cleared for
access under this subparagraph may be afforded
access to relevant classified materials to the
extent consistent with the interests of
national security.
``(5) Corrective action.--If, in the course of proceedings
under this subsection, the head of an agency or a panel
established by the agency head under paragraph (3) decides that
a covered person's eligibility for access to classified
information was improperly denied or revoked by the agency, the
agency shall take corrective action to return the covered
person, as nearly as practicable and reasonable, to the
position such covered person would have held had the improper
denial or revocation not occurred.
``(6) Publication of decisions.--
``(A) In general.--Each head of an agency shall
publish each final decision on an appeal under this
subsection.
``(B) Requirements.--In order to ensure
transparency, oversight by Congress, and meaningful
information for those who need to understand how the
clearance process works, each publication under
subparagraph (A) shall be--
``(i) made in a manner that is consistent
with section 552 of title 5, United States
Code, as amended by the Electronic Freedom of
Information Act Amendments of 1996 (Public Law
104-231);
``(ii) published to explain the facts of
the case, redacting personally identifiable
information and sensitive program information;
and
``(iii) made available on a website that is
searchable by members of the public.
``(c) Higher Level Review.--
``(1) Panel.--
``(A) Establishment.--Not later than 180 days after
the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2022, the Security
Executive Agent shall establish a panel to review
decisions made on appeals pursuant to the processes
established under subsection (b).
``(B) Scope of review and jurisdiction.--After the
initial review to verify grounds for appeal, the panel
established under subparagraph (A) shall review such
decisions only--
``(i) as they relate to violations of
section 801A(b); or
``(ii) to the extent to which an agency
properly conducted a review of an appeal under
subsection (b).
``(C) Composition.--The panel established pursuant
to subparagraph (A) shall be composed of three
individuals selected by the Security Executive Agent
for purposes of the panel, of whom at least one shall
be an attorney.
``(2) Appeals and timeliness.--
``(A) Appeals.--
``(i) Initiation.--On or before the date
that is 30 days after the date on which a
covered person receives a written decision on
an appeal under subsection (b), the covered
person may initiate oversight of that decision
by filing a written appeal with the Security
Executive Agent.
``(ii) Filing.--A written appeal filed
under clause (i) relating to a decision of an
agency shall be filed in such form, in such
manner, and containing such information as the
Security Executive Agent may require,
including--
``(I) a description of--
``(aa) any alleged
violations of section 801A(b)
relating to the denial or
revocation of the covered
person's eligibility for access
to classified information; and
``(bb) any allegations of
how the decision may have been
the result of the agency
failing to properly conduct a
review under subsection (b);
and
``(II) supporting materials and
information for the allegations
described under subclause (I).
``(B) Timeliness.--The Security Executive Agent
shall ensure that, on average, review of each appeal
filed under this subsection is completed not later than
180 days after the date on which the appeal is filed.
``(3) Decisions and remands.--
``(A) In general.--If, in the course of reviewing
under this subsection a decision of an agency under
subsection (b), the panel established under paragraph
(1) decides that there is sufficient evidence of a
violation of section 801A(b) to merit a new hearing or
decides that the decision of the agency was the result
of an improperly conducted review under subsection (b),
the panel shall vacate the decision made under
subsection (b) and remand to the agency by which the
covered person shall be eligible for a new appeal under
subsection (b).
``(B) Written decisions.--Each decision of the
panel established under paragraph (1) shall be in
writing and contain a justification of the decision.
``(C) Consistency.--The panel under paragraph (1)
shall ensure that each decision of the panel is
consistent with the interests of national security and
applicable provisions of law.
``(D) Finality.--
``(i) In general.--Except as provided in
clause (ii), each decision of the panel
established under paragraph (1) shall be final.
``(ii) Overturn.--The Security Executive
Agent may overturn a decision of the panel if,
not later than 30 days after the date on which
the panel issues the decision, the Security
Executive Agent personally exercises the
authority granted by this clause to overturn
such decision.
``(E) Nature of remands.--In remanding a decision
under subparagraph (A), the panel established under
paragraph (1) may not direct the outcome of any further
appeal under subsection (b).
``(F) Notice of decisions.--For each decision of
the panel established under paragraph (1) regarding a
covered person, the Security Executive Agent shall
provide the covered person with a written notice of the
decision that includes a detailed description of the
reasons for the decision, consistent with the interests
of national security and applicable provisions of law.
``(4) Representation by counsel.--
``(A) In general.--The Security Executive Agent
shall ensure that, under this subsection, a covered
person appealing a decision under subsection (b) has an
opportunity to retain counsel or other representation
at the covered person's expense.
``(B) Access to classified information.--
``(i) In general.--Upon the request of the
covered person and a showing that the ability
to review classified information is essential
to the resolution of an appeal under this
subsection, the Security Executive Agent shall
sponsor an application by the counsel or other
representation retained under this paragraph
for access to classified information for the
limited purposes of such appeal.
``(ii) Extent of access.--Counsel or
another representative who is cleared for
access under this subparagraph may be afforded
access to relevant classified materials to the
extent consistent with the interests of
national security.
``(5) Access to documents and employees.--
``(A) Affording access to members of panel.--The
Security Executive Agent shall afford access to
classified information to the members of the panel
established under paragraph (1)(A) as the Security
Executive Agent determines--
``(i) necessary for the panel to review a
decision described in such paragraph; and
``(ii) consistent with the interests of
national security.
``(B) Agency compliance with requests of panel.--
Each head of an agency shall comply with each request
by the panel for a document and each request by the
panel for access to employees of the agency necessary
for the review of an appeal under this subsection, to
the degree that doing so is, as determined by the head
of the agency and permitted by applicable provisions of
law, consistent with the interests of national
security.
``(6) Publication of decisions.--
``(A) In general.--For each final decision on an
appeal under this subsection, the head of the agency
with respect to which the appeal pertains and the
Security Executive Agent shall each publish the
decision, consistent with the interests of national
security.
``(B) Requirements.--In order to ensure
transparency, oversight by Congress, and meaningful
information for those who need to understand how the
clearance process works, each publication under
subparagraph (A) shall be--
``(i) made in a manner that is consistent
with section 552 of title 5, United States
Code, as amended by the Electronic Freedom of
Information Act Amendments of 1996 (Public Law
104-231);
``(ii) published to explain the facts of
the case, redacting personally identifiable
information and sensitive program information;
and
``(iii) made available on a website that is
searchable by members of the public.
``(d) Period of Time for the Right to Appeal.--
``(1) In general.--Except as provided in paragraph (2), any
covered person who has been the subject of a decision made by
the head of an agency to deny or revoke eligibility for access
to classified information shall retain all rights to appeal
under this section until the conclusion of the appeals process
under this section.
``(2) Waiver of rights.--
``(A) Persons.--Any covered person may voluntarily
waive the covered person's right to appeal under this
section and such waiver shall be conclusive.
``(B) Agencies.--The head of an agency may not
require a covered person to waive the covered person's
right to appeal under this section for any reason.
``(e) Waiver of Availability of Procedures for National Security
Interest.--
``(1) In general.--If the head of an agency determines that
a procedure established under subsection (b) cannot be made
available to a covered person in an exceptional case without
damaging a national security interest of the United States by
revealing classified information, such procedure shall not be
made available to such covered person.
``(2) Finality.--A determination under paragraph (1) shall
be final and conclusive and may not be reviewed by any other
official or by any court.
``(3) Reporting.--
``(A) Case-by-case.--
``(i) In general.--In each case in which
the head of an agency determines under
paragraph (1) that a procedure established
under subsection (b) cannot be made available
to a covered person, the agency head shall, not
later than 30 days after the date on which the
agency head makes such determination, submit to
the Security Executive Agent and to the
congressional intelligence committees a report
stating the reasons for the determination.
``(ii) Form.--A report submitted under
clause (i) may be submitted in classified form
as necessary.
``(B) Annual reports.--
``(i) In general.--Not less frequently than
once each fiscal year, the Security Executive
Agent shall submit to the congressional
intelligence committees a report on the
determinations made under paragraph (1) during
the previous fiscal year.
``(ii) Contents.--Each report submitted
under clause (i) shall include, for the period
covered by the report, the following:
``(I) The number of cases and
reasons for determinations made under
paragraph (1), disaggregated by agency.
``(II) Such other matters as the
Security Executive Agent considers
appropriate.
``(f) Denials and Revocations Under Other Provisions of Law.--
``(1) Rule of construction.--Nothing in this section shall
be construed to limit or affect the responsibility and power of
the head of an agency to deny or revoke eligibility for access
to classified information or to deny reciprocity of clearance
in the interest of national security.
``(2) Denials and revocation.--The power and responsibility
to deny or revoke eligibility for access to classified
information or to deny reciprocity of clearance pursuant to any
other provision of law or Executive order may be exercised only
when the head of an agency determines that an applicable
process established under this section cannot be invoked in a
manner that is consistent with national security.
``(3) Finality.--A determination under paragraph (2) shall
be final and conclusive and may not be reviewed by any other
official or by any court.
``(4) Reporting.--
``(A) Case-by-case.--
``(i) In general.--In each case in which
the head of an agency determines under
paragraph (2) that a determination relating to
a denial or revocation of eligibility for
access to classified information or denial of
reciprocity of clearance could not be made
pursuant to a process established under this
section, the agency head shall, not later than
30 days after the date on which the agency head
makes such a determination under paragraph (2),
submit to the Security Executive Agent and to
the congressional intelligence committees a
report stating the reasons for the
determination.
``(ii) Form.--A report submitted under
clause (i) may be submitted in classified form
as necessary.
``(B) Annual reports.--
``(i) In general.--Not less frequently than
once each fiscal year, the Security Executive
Agent shall submit to the congressional
intelligence committees a report on the
determinations made under paragraph (2) during
the previous fiscal year.
``(ii) Contents.--Each report submitted
under clause (i) shall include, for the period
covered by the report, the following:
``(I) The number of cases and
reasons for determinations made under
paragraph (2), disaggregated by agency.
``(II) Such other matters as the
Security Executive Agent considers
appropriate.
``(g) Relationship to Suitability.--No person may use a
determination of suitability under part 731 of title 5, Code of Federal
Regulations, or successor regulation, for the purpose of denying a
covered person the review proceedings of this section where there has
been a denial or revocation of eligibility for access to classified
information or a denial of reciprocity of clearance.
``(h) Preservation of Roles and Responsibilities Under Executive
Order 10865 and of the Defense Office of Hearings and Appeals.--Nothing
in this section shall be construed to diminish or otherwise affect the
procedures in effect on the day before the date of the enactment of
this Act for denial and revocation procedures provided to individuals
by Executive Order 10865 (50 U.S.C. 3161 note; relating to safeguarding
classified information within industry), or successor order, including
those administered through the Defense Office of Hearings and Appeals
of the Department of Defense under Department of Defense Directive
5220.6, or successor directive.
``(i) Rule of Construction Relating to Certain Other Provisions of
Law.--This section and the processes and procedures established under
this section shall not be construed to apply to paragraphs (6) and (7)
of section 3001(j) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (50 U.S.C. 3341(j)).''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of the National Security Act of 1947
(50 U.S.C. 3002), as amended by subsection (c), is further
amended by inserting after the item relating to section 801A
the following:
``Sec. 801B. Right to appeal.''.
SEC. 502. FEDERAL POLICY ON SHARING OF DEROGATORY INFORMATION
PERTAINING TO CONTRACTOR EMPLOYEES IN THE TRUSTED
WORKFORCE.
(a) Policy Required.--Not later than 180 days after the date of the
enactment of this Act, the Security Executive Agent, in coordination
with the principal members of the Performance Accountability Council
and the Attorney General, shall issue a policy for the Federal
Government on sharing of derogatory information pertaining to
contractor employees engaged by the Federal Government.
(b) Consent Requirement.--
(1) In general.--The policy issued under subsection (a)
shall require, as a condition of accepting a security clearance
with the Federal Government, that a contractor employee provide
prior written consent for the Federal Government to share
covered derogatory information with the chief security officer
of the contractor employer that employs the contractor
employee.
(2) Covered derogatory information.--For purposes of this
section, covered derogatory information--
(A) is information that--
(i) contravenes National Security
Adjudicative Guidelines as specified in
Security Executive Agent Directive 4 (appendix
A to part 710 of title 10, Code of Federal
Regulations), or any successor Federal policy;
(ii) a Federal Government agency certifies
is accurate and reliable;
(iii) is relevant to a contractor's ability
to protect against insider threats as required
by section 1-202 of the National Industrial
Security Program Operating Manual (NISPOM), or
successor manual; and
(iv) may have a bearing on the contractor
employee's suitability for a position of public
trust or to receive credentials to access
certain facilities of the Federal Government;
and
(B) shall include any negative information
considered in the adjudicative process, including
information provided by the contractor employee on
forms submitted for the processing of the contractor
employee's security clearance.
(c) Elements.--The policy issued under subsection (a) shall--
(1) require Federal agencies, except under exceptional
circumstances specified by the Security Executive Agent, to
share with the contractor employer of a contractor employee
engaged with the Federal Government the existence of
potentially derogatory information and which National Security
Adjudicative Guideline it falls under, with the exception that
the Security Executive Agent may waive such requirement in
circumstances the Security Executive Agent considers
extraordinary;
(2) require that covered derogatory information shared with
a contractor employer as described in subsection (b)(1) be used
by the contractor employer exclusively for risk mitigation
purposes under section 1-202 of the National Industrial
Security Program Operating Manual, or successor manual;
(3) require Federal agencies to share any mitigation
measures in place to address the derogatory information;
(4) establish standards for timeliness for sharing the
derogatory information;
(5) specify the methods by which covered derogatory
information will be shared with the contractor employer of the
contractor employee;
(6) allow the contractor employee, within a specified
timeframe, the right--
(A) to contest the accuracy and reliability of
covered derogatory information;
(B) to address or remedy any concerns raised by the
covered derogatory information; and
(C) to provide documentation pertinent to
subparagraph (A) or (B) for an agency to place in
relevant security clearance databases;
(7) establish a procedure by which the contractor employer
of the contractor employee may consult with the Federal
Government prior to taking any remedial action under section 1-
202 of the National Industrial Security Program Operating
Manual, or successor manual, to address the derogatory
information the Federal agency has provided;
(8) stipulate that the chief security officer of the
contractor employer is prohibited from sharing or discussing
covered derogatory information with other parties, including
nonsecurity professionals at the contractor employer; and
(9) require companies in the National Industrial Security
Program to comply with the policy.
(d) Consideration of Lessons Learned From Information-sharing
Program for Positions of Trust and Security Clearances.--In developing
the policy issued under subsection (a), the Director shall consider, to
the extent available, lessons learned from actions taken to carry out
section 6611(f) of the National Defense Authorization Act for Fiscal
Year 2020 (50 U.S.C. 3352f(f)).
SEC. 503. PERFORMANCE MEASURES REGARDING TIMELINESS FOR PERSONNEL
MOBILITY.
(a) Policy Required.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
issue a policy for measuring the total time it takes to transfer
personnel with security clearances and eligibility for access to
information commonly referred to as ``sensitive compartmented
information'' (SCI) from one Federal agency to another, or from one
contract to another in the case of a contractor.
(b) Requirements.--The policy issued under subsection (a) shall--
(1) to the degree practicable, cover all personnel who are
moving to positions that require a security clearance and
access to sensitive compartmented information;
(2) cover the period from the first time a Federal agency
or company submits a request to a Federal agency for the
transfer of the employment of an individual with a clearance
access or eligibility determination to another Federal agency,
to the time the individual is authorized by that receiving
agency to start to work in the new position; and
(3) include analysis of all appropriate phases of the
process, including polygraph, suitability determination,
fitness determination, human resources review, transfer of the
sensitive compartmented information access, and contract
actions.
(c) Updated Policies.--
(1) Modifications.--Not later than 1 year after the date on
which the Director issues the policy under subsection (a), the
Director shall issue modifications to such policies as the
Director determines were issued before the issuance of the
policy under such subsection and are relevant to such updated
policy, as the Director considers appropriate.
(2) Recommendations.--Not later than 1 year after the date
on which the Director issues the policy under subsection (a),
the Director shall submit to Congress recommendations for
legislative action to update metrics specified elsewhere in
statute to measure parts of the process that support transfers
described in subsection (a).
(d) Annual Reports.--Not later than 180 days after issuing the
policy required by subsection (a) and not less frequently than once
each year thereafter until the date that is 3 years after the date of
such issuance, the Director shall submit to Congress a report on the
implementation of such policy. Such report shall address performance by
agency and by clearance type in meeting such policy.
SEC. 504. GOVERNANCE OF TRUSTED WORKFORCE 2.0 INITIATIVE.
(a) Governance.--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 Deputy Director for
Management in the Office of Management and Budget, acting as the
director of the Performance Accountability Council, and the Under
Secretary of Defense for Intelligence and Security shall jointly--
(1) not later than 180 days after the date of the enactment
of this Act, publish in the Federal Register a policy with
guidelines and standards for Federal Government agencies and
industry partners to implement the Trusted Workforce 2.0
initiative;
(2) not later than 2 years after the date of the enactment
of this Act and not less frequently than once every 6 months
thereafter, submit to Congress a report on the timing,
delivery, and adoption of Federal Government agencies'
policies, products, and services to implement the Trusted
Workforce 2.0 initiative, including those associated with the
National Background Investigation Service; and
(3) not later than 90 days after the date of the enactment
of this Act, submit to Congress performance management metrics
for the implementation of the Trusted Workforce 2.0 initiative,
including performance metrics regarding timeliness, cost, and
measures of effectiveness.
(b) Independent Study on Trusted Workforce 2.0.--
(1) Study required.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence shall enter into an agreement with an entity that
is not part of the Federal Government to conduct a study on the
effectiveness of the initiatives of the Federal Government
known as Trusted Workforce 1.25, 1.5, and 2.0.
(2) Elements.--The study required by paragraph (1) shall
include the following:
(A) An assessment of how effective such initiatives
are or will be in determining who should or should not
have access to classified information.
(B) A comparison of the effectiveness of such
initiatives with the system of periodic
reinvestigations that was in effect on the day before
the date of the enactment of this Act.
(C) Identification of what is lost from the
suspension of universal periodic reinvestigations in
favor of a system of continuous vetting.
(D) An assessment of the relative effectiveness of
Trusted Workforce 1.25, Trusted Workforce 1.5, and
Trusted Workforce 2.0.
(3) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit a report on
the findings from the study conducted under paragraph (1) to
the following:
(A) The congressional intelligence committees.
(B) The Committee on Armed Services of the Senate.
(C) The Committee on Homeland Security and
Governmental Affairs of the Senate.
(D) The Committee on Armed Services of the House of
Representatives.
(E) The Committee on Homeland Security of the House
of Representatives.
TITLE VI--OTHER INTELLIGENCE MATTERS
SEC. 601. NATIONAL TECHNOLOGY STRATEGY.
(a) In General.--Each year, the President shall submit to Congress
a comprehensive report on the technology strategy of the United States
designed to maintain United States leadership in critical and emerging
technologies essential to United States national security and economic
prosperity.
(b) Elements.--Each National Technology Strategy developed and
submitted under subsection (a) shall contain at least the following
elements:
(1) An assessment of the efforts of the United States
Government to preserve United States leadership in key emerging
technologies and prevent United States strategic competitors
from leveraging advanced technologies to gain strategic
military or economic advantages over the United States.
(2) A review of existing United States Government
technology policy, including long-range goals.
(3) An analysis of technology trends and assessment of the
relative competitiveness of United States technology sectors in
relation to strategic competitors.
(4) Identification of sectors critical for the long-term
resilience of United States innovation leadership across
design, manufacturing, supply chains, and markets.
(5) Recommendations for domestic policy incentives to
sustain an innovation economy and develop specific, high-cost
sectors necessary for long-term national security ends.
(6) Recommendations for policies to protect United States
and leadership of allies of the United States in critical areas
through targeted export controls, investment screening, and
counterintelligence activities.
(7) Identification of priority domestic research and
development areas critical to national security and necessary
to sustain United States leadership, and directing funding to
fill gaps in basic and applied research where the private
sector does not focus.
(8) Recommendations for talent programs to grow United
States talent in key critical and emerging technologies and
enhance the ability of the Federal Government to recruit and
retain individuals with critical skills into Federal service.
(9) Methods to foster the development of international
partnerships to reinforce domestic policy actions, build new
markets, engage in collaborative research, and create an
international environment that reflects United States values
and protects United States interests.
(10) A technology annex, which may be classified, to
establish an integrated and enduring approach to the
identification, prioritization, development, and fielding of
emerging technologies.
(11) Such other information as may be necessary to help
inform Congress on matters relating to the technology strategy
of the United States and related implications for United States
national security.
SEC. 602. IMPROVEMENTS RELATING TO CONTINUITY OF PRIVACY AND CIVIL
LIBERTIES OVERSIGHT BOARD MEMBERSHIP.
Paragraph (4) of section 1061(h) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee(h)) is amended to
read as follows:
``(4) Term.--
``(A) Commencement.--Each member of the Board shall
serve a term of 6 years, commencing on the date of the
appointment of the member to the Board.
``(B) Reappointment.--A member may be reappointed
to one or more additional terms.
``(C) Vacancy.--A vacancy in the Board shall be
filled in the manner in which the original appointment
was made.
``(D) Extension.--Upon the expiration of the term
of office of a member, the member may continue to
serve, at the election of the member--
``(i) during the period preceding the
reappointment of the member pursuant to
subparagraph (B); or
``(ii) until the member's successor has
been appointed and qualified.''.
SEC. 603. AIR AMERICA.
(a) Findings.--Congress finds the following:
(1) Air America, Incorporated (referred to in this section
as ``Air America'') and its related cover corporate entities
were wholly owned and controlled by the United States
Government and directed and managed by the Department of
Defense, the Department of State, and the Central Intelligence
Agency from 1950 to 1976.
(2) Air America, a corporation owned by the Government of
the United States, constituted a ``Government corporation'', as
defined in section 103 of title 5, United States Code.
(3) It is established that the employees of Air America and
the other entities described in paragraph (1) were Federal
employees.
(4) The employees of Air America were retroactively
excluded from the definition of the term ``employee'' under
section 2105 of title 5, United States Code, on the basis of an
administrative policy change in paperwork requirements
implemented by the Office of Personnel Management 10 years
after the service of the employees had ended and, by extension,
were retroactively excluded from the definition of the term
``employee'' under section 8331 of title 5, United States Code,
for retirement credit purposes.
(5) The employees of Air America were paid as Federal
employees, with salaries subject to--
(A) the General Schedule under subchapter III of
chapter 53 of title 5, United States Code; and
(B) the rates of basic pay payable to members of
the Armed Forces.
(6) The service and sacrifice of the employees of Air
America included--
(A) suffering a high rate of casualties in the
course of employment;
(B) saving thousands of lives in search and rescue
missions for downed United States airmen and allied
refugee evacuations; and
(C) lengthy periods of service in challenging
circumstances abroad.
(b) Definitions.--In this section:
(1) Affiliated company.--The term ``affiliated company'',
with respect to Air America, includes Air Asia Company Limited,
CAT Incorporated, Civil Air Transport Company Limited, and the
Pacific Division of Southern Air Transport.
(2) Qualifying service.--The term ``qualifying service''
means service that--
(A) was performed by a United States citizen as an
employee of Air America or an affiliated company during
the period beginning on January 1, 1950, and ending on
December 31, 1976; and
(B) is documented in the attorney-certified
corporate records of Air America or any affiliated
company.
(c) Treatment as Federal Employment.--Any period of qualifying
service--
(1) is deemed to have been service of an employee (as
defined in section 2105 of title 5, United States Code) with
the Federal Government; and
(2) shall be treated as creditable service by an employee
for purposes of subchapter III of chapter 83 of title 5, United
States Code.
(d) Rights.--An individual who performed qualifying service, or a
survivor of such an individual, shall be entitled to the rights,
retroactive as applicable, provided to employees and their survivors
for creditable service under the Civil Service Retirement System under
subchapter III of chapter 83 of title 5, United States Code, with
respect to that qualifying service.
(e) Deduction, Contribution, and Deposit Requirements.--The deposit
of funds in the Treasury of the United States made by Air America in
the form of a lump-sum payment apportioned in part to the Civil Service
Disability & Retirement Fund in 1976 is deemed to satisfy the
deduction, contribution, and deposit requirements under section 8334 of
title 5, United States Code, with respect to all periods of qualifying
service.
(f) Application Time Limit.--Section 8345(i)(2) of title 5, United
States Code, shall be applied with respect to the death of an
individual who performed qualifying service by substituting ``2 years
after the effective date under section 603(g) of the Intelligence
Authorization Act for Fiscal Year 2022'' for ``30 years after the death
or other event which gives rise to title to the benefit''.
(g) Effective Date.--This section shall take effect on the date
that is 30 days after the date of the enactment of this Act.
SEC. 604. ACCESS BY COMPTROLLER GENERAL OF THE UNITED STATES TO CERTAIN
CYBERSECURITY RECORDS.
Section 5710 of the National Defense Authorization Act for Fiscal
Year 2020 (2 U.S.C. 4111) is amended--
(1) by redesignating subsection (d) as subsection (e);
(2) by inserting after subsection (c) the following:
``(d) Right of Access.--Notwithstanding any other provision of law,
for the purpose of preparing each report required by subsection (a),
the Comptroller General may obtain from the Architect of the Capitol,
the Congressional Budget Office, the Library of Congress, the Office of
Congressional Workplace Rights, the Sergeant at Arms and Doorkeeper of
the Senate, the Sergeant at Arms of the House of Representatives, the
Chief Administrative Officer of the House of Representatives, the
Secretary of the Senate, and the United States Capitol Police, and any
contractor of any such entity, such records as the Comptroller General
may require to prepare the report.''; and
(3) by adding at the end the following:
``(f) Relationship to Existing Authority.--Nothing in this section
shall be construed to limit, amend, supersede, or restrict in any
manner any authority of the Comptroller General, except as specifically
provided for in subsection (d).''.
SEC. 605. REPORTS ON INTELLIGENCE SUPPORT FOR AND CAPACITY OF THE
SERGEANTS AT ARMS OF THE SENATE AND THE HOUSE OF
REPRESENTATIVES AND THE UNITED STATES CAPITOL POLICE.
(a) Definitions.--In this section:
(1) Relevant congressional intelligence committees.--The
term ``relevant congressional intelligence committees'' means--
(A) the Select Committee on Intelligence, the
Committee on Rules and Administration, the Committee on
Appropriations, and the Committee on the Judiciary of
the Senate; and
(B) the Permanent Select Committee on Intelligence,
the Committee on House Administration, the Committee on
Appropriations, and the Committee on the Judiciary of
the House of Representatives.
(2) Sergeants at arms.--The term ``Sergeants at Arms''
means the Sergeant at Arms and Doorkeeper of the Senate and the
Sergeant at Arms of the House of Representatives.
(b) Report on Intelligence Support.--
(1) Report required.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence, in coordination with the Director of the Federal
Bureau of Investigation and the Secretary of Homeland Security,
shall submit to the relevant congressional intelligence
committees a report on intelligence support provided to the
Sergeants at Arms and the United States Capitol Police.
(2) Elements.--The report required by paragraph (1) shall
include a description of the following:
(A) Policies related to the Sergeants at Arms and
the United States Capitol Police as customers of
intelligence.
(B) How the intelligence community, the Federal
Bureau of Investigation, and the Department of Homeland
Security, including the Cybersecurity and
Infrastructure Security Agency, are structured,
staffed, and resourced to provide intelligence support
to the Sergeants at Arms and the United States Capitol
Police.
(C) The classified electronic and telephony
interoperability of the intelligence community, the
Federal Bureau of Investigation, and the Department of
Homeland Security with the Sergeants at Arms and the
United States Capitol Police.
(D) Any expedited security clearances provided for
the Sergeants at Arms and the United States Capitol
Police.
(E) Counterterrorism intelligence and other
intelligence relevant to the physical security of
Congress that are provided to the Sergeants at Arms and
the United States Capitol Police, including--
(i) strategic analysis and real-time
warning; and
(ii) access to classified systems for
transmitting and posting intelligence.
(F) Cyber intelligence relevant to the protection
of cyber networks of Congress and the personal devices
and accounts of Members and employees of Congress,
including--
(i) strategic and real-time warnings, such
as malware signatures and other indications of
attack; and
(ii) access to classified systems for
transmitting and posting intelligence.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Government Accountability Office Report.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the relevant congressional
intelligence committees a report on the capacity of the
Sergeants at Arms and the United States Capitol Police to
access and use intelligence and threat information relevant to
the physical and cyber security of Congress.
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) An assessment of the extent to which the
Sergeants at Arms and the United States Capitol Police
have the resources, including facilities, cleared
personnel, and necessary training, and authorities to
adequately access, analyze, manage, and use
intelligence and threat information necessary to defend
the physical and cyber security of Congress.
(B) The extent to which the Sergeants at Arms and
the United States Capitol Police communicate and
coordinate threat data with each other and with other
local law enforcement entities.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 606. STUDY ON VULNERABILITY OF GLOBAL POSITIONING SYSTEM TO
HOSTILE ACTIONS.
(a) Definition of Appropriate Committees of Congress.--In this
section, the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, and the Committee on
Appropriations of the Senate; and
(3) the Committee on Armed Services, the Committee on
Science, Space, and Technology, and the Committee on
Appropriations of the House of Representatives.
(b) Study Required.--The Director of National Intelligence shall,
in consultation with the Secretary of Defense and the Secretary of
Commerce, conduct a study on the vulnerability of the Global
Positioning System (GPS) to hostile actions, as well as any actions
being undertaken by the intelligence community, the Department of
Defense, the Department of Commerce, and any other elements of the
Federal Government to mitigate any risks stemming from the potential
unavailability of the Global Positioning System.
(c) Elements.--The study conducted under subsection (b) shall
include net assessments and baseline studies of the following:
(1) The vulnerability of the Global Positioning System to
hostile actions.
(2) The potential negative effects of a prolonged Global
Positioning System outage, including with respect to the entire
society, to the economy of the United States, and to the
capabilities of the Armed Forces.
(3) Alternative systems that could back up or replace the
Global Positioning System, especially for the purpose of
providing positioning, navigation, and timing, to United States
civil, commercial, and government users.
(4) Any actions being planned or undertaken by the
intelligence community, the Department of Defense, the
Department of Commerce, and other elements of the Federal
Government to mitigate any risks to the entire society, to the
economy of the United States, and to the capabilities of the
Armed Forces, stemming from a potential unavailability of the
Global Positioning System.
(d) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate committees of Congress a report in writing
and provide such committees a briefing on the findings of the Director
with respect to the study conducted under subsection (b).
SEC. 607. AUTHORITY FOR TRANSPORTATION OF FEDERALLY OWNED CANINES
ASSOCIATED WITH FORCE PROTECTION DUTIES OF INTELLIGENCE
COMMUNITY.
Section 1344(a)(2)(B) of title 31, United States Code, is amended
by inserting ``, or transportation of federally owned canines
associated with force protection duties of any part of the intelligence
community (as defined in section 3 of the National Security Act of 1947
(50 U.S.C. 3003))'' after ``duties''.
Calendar No. 116
117th CONGRESS
1st Session
S. 2610
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2022 for intelligence and
intelligence-related activities of the United States Government, the
Intelligence Community Management Account, and the Central Intelligence
Agency Retirement and Disability System, and for other purposes.
_______________________________________________________________________
August 4, 2021
Read twice and placed on the calendar
______
