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