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118th CONGRESS

  1st Session

                                S. 2226

 

_______________________________________________________________________

 

                                 AN ACT

 

 

 

     To authorize appropriations for fiscal year 2024 for military

activities of the Department of Defense for military construction, and

   for defense activities of the Department of Energy, to prescribe

   military personnel strengths for such fiscal year, 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 ``National Defense

Authorization Act for Fiscal Year 2024''.

    (b) Table of Contents.--The table of contents for this Act is as

follows:

 

Sec. 1. Short title; table of contents.

Sec. 2. Organization of Act into divisions; table of contents.

Sec. 3. Congressional defense committees.

Sec. 4. Budgetary effects of this Act.

 

…….

 

DIVISION M--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2024

 

SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

 

    (a) Short Title.--This division may be cited as the ``Intelligence

Authorization Act for Fiscal Year 2024''.

    (b) Table of Contents.--The table of contents for this division is

as follows:

 

    DIVISION M--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2024

 

Sec. 1. Short title; table of contents.

Sec. 2. Definitions.

                    TITLE I--INTELLIGENCE ACTIVITIES

 

Sec. 101. Authorization of appropriations.

Sec. 102. Classified Schedule of Authorizations.

Sec. 103. Intelligence Community Management Account.

Sec. 104. Increase in employee compensation and benefits authorized by

                            law.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

 

Sec. 201. Authorization of appropriations.

               TITLE III--INTELLIGENCE COMMUNITY MATTERS

 

           Subtitle A--General Intelligence Community Matters

 

Sec. 301. Plan to recruit, train, and retain personnel with experience

                            in financial intelligence and emerging

                            technologies.

Sec. 302. Policy and performance framework for mobility of intelligence

                            community workforce.

Sec. 303. In-State tuition rates for active duty members of the

                            intelligence community.

Sec. 304. Standards, criteria, and guidance for counterintelligence

                            vulnerability assessments and surveys.

Sec. 305. Improving administration of certain post-employment

                            restrictions for intelligence community.

Sec. 306. Mission of the National Counterintelligence and Security

                            Center.

Sec. 307. Prohibition relating to transport of individuals detained at

                            United States Naval Station, Guantanamo

                            Bay, Cuba.

Sec. 308. Department of Energy science and technology risk assessments.

Sec. 309. Congressional oversight of intelligence community risk

                            assessments.

Sec. 310. Inspector General review of dissemination by Federal Bureau

                            of Investigation Richmond, Virginia, field

                            office of certain document.

Sec. 311. Office of Intelligence and Analysis.

                Subtitle B--Central Intelligence Agency

 

Sec. 321. Change to penalties and increased availability of mental

                            health treatment for unlawful conduct on

                            Central Intelligence Agency installations.

Sec. 322. Modifications to procurement authorities of the Central

                            Intelligence Agency.

Sec. 323. Establishment of Central Intelligence Agency standard

                            workplace sexual misconduct complaint

                            investigation procedure.

             TITLE IV--MATTERS CONCERNING FOREIGN COUNTRIES

 

                 Subtitle A--People's Republic of China

 

Sec. 401. Intelligence community coordinator for accountability of

                            atrocities of the People's Republic of

                            China.

Sec. 402. Interagency working group and report on the malign efforts of

                            the People's Republic of China in Africa.

Sec. 403. Amendment to requirement for annual assessment by

                            intelligence community working group for

                            monitoring the economic and technological

                            capabilities of the People's Republic of

                            China.

Sec. 404. Assessments of reciprocity in the relationship between the

                            United States and the People's Republic of

                            China.

Sec. 405. Annual briefing on intelligence community efforts to identify

                            and mitigate Chinese Communist Party and

                            Russian foreign malign influence operations

                            against the United States.

Sec. 406. Assessment of threat posed to United States ports by cranes

                            manufactured by countries of concern.

                  Subtitle B--Other Foreign Countries

 

Sec. 411. Report on efforts to capture and detain United States

                            citizens as hostages.

Sec. 412. Sense of Congress on priority of fentanyl in National

                            Intelligence Priorities Framework.

  TITLE V--MATTERS PERTAINING TO UNITED STATES ECONOMIC AND EMERGING

         TECHNOLOGY COMPETITION WITH UNITED STATES ADVERSARIES

 

                      Subtitle A--General Matters

 

Sec. 501. Assignment of detailees from intelligence community to

                            Department of Commerce.

   Subtitle B--Next-generation Energy, Biotechnology, and Artificial

                              Intelligence

 

Sec. 511. Expanded annual assessment of economic and technological

                            capabilities of the People's Republic of

                            China.

Sec. 512. Assessment of using civil nuclear energy for intelligence

                            community capabilities.

Sec. 513. Policies established by Director of National Intelligence for

                            artificial intelligence capabilities.

                    TITLE VI--WHISTLEBLOWER MATTERS

 

Sec. 601. Submittal to Congress of complaints and information by

                            whistleblowers in the intelligence

                            community.

Sec. 602. Prohibition against disclosure of whistleblower identity as

                            reprisal against whistleblower disclosure

                            by employees and contractors in

                            intelligence community.

Sec. 603. Establishing process parity for adverse security clearance

                            and access determinations.

Sec. 604. Elimination of cap on compensatory damages for retaliatory

                            revocation of security clearances and

                            access determinations.

Sec. 605. Modification and repeal of reporting requirements.

                    TITLE VII--CLASSIFICATION REFORM

 

             Subtitle A--Classification Reform Act of 2023

 

Sec. 701. Short title.

Sec. 702. Definitions.

Sec. 703. Classification and declassification of information.

Sec. 704. Transparency officers.

            Subtitle B--Sensible Classification Act of 2023

 

Sec. 711. Short title.

Sec. 712. Definitions.

Sec. 713. Findings and sense of the Senate.

Sec. 714. Classification authority.

Sec. 715. Promoting efficient declassification review.

Sec. 716. Training to promote sensible classification.

Sec. 717. Improvements to Public Interest Declassification Board.

Sec. 718. Implementation of technology for classification and

                            declassification.

Sec. 719. Studies and recommendations on necessity of security

                            clearances.

          TITLE VIII--SECURITY CLEARANCE AND TRUSTED WORKFORCE

 

Sec. 801. Review of shared information technology services for

                            personnel vetting.

Sec. 802. Timeliness standard for rendering determinations of trust for

                            personnel vetting.

Sec. 803. Annual report on personnel vetting trust determinations.

Sec. 804. Survey to assess strengths and weaknesses of Trusted

                            Workforce 2.0.

Sec. 805. Prohibition on denial of eligibility for access to classified

                            information solely because of past use of

                            cannabis.

                  TITLE IX--ANOMALOUS HEALTH INCIDENTS

 

Sec. 901. Improved funding flexibility for payments made by the Central

                            Intelligence Agency for qualifying injuries

                            to the brain.

Sec. 902. Clarification of requirements to seek certain benefits

                            relating to injuries to the brain.

Sec. 903. Intelligence community implementation of HAVANA Act of 2021

                            authorities.

Sec. 904. Report and briefing on Central Intelligence Agency handling

                            of anomalous health incidents.

                       TITLE X--ELECTION SECURITY

 

Sec. 1001. Strengthening Election Cybersecurity to Uphold Respect for

                            Elections through Independent Testing Act

                            of 2023.

                        TITLE XI--OTHER MATTERS

 

Sec. 1101. Modification of reporting requirement for All-domain Anomaly

                            Resolution Office.

Sec. 1102. Funding limitations relating to unidentified anomalous

                            phenomena.

 

SEC. 2. DEFINITIONS.

 

    In this Act:

            (1) Congressional intelligence committees.--The term

        ``congressional intelligence committees'' has the meaning given

        such term in section 3 of the National Security Act of 1947 (50

        U.S.C. 3003).

            (2) Intelligence community.--The term ``intelligence

        community'' has the meaning given such term in such section.

 

                    TITLE I--INTELLIGENCE ACTIVITIES

 

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

 

    Funds are hereby authorized to be appropriated for fiscal year 2024

for the conduct of the intelligence and intelligence-related activities

of the Federal Government.

 

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

 

    (a) Specifications of Amounts.--The amounts authorized to be

appropriated under section 101 for the conduct of the intelligence

activities of the Federal Government are those specified in the

classified Schedule of Authorizations prepared to accompany this

division.

    (b) Availability of Classified Schedule of Authorizations.--

            (1) Availability.--The classified Schedule of

        Authorizations referred to in subsection (a) shall be made

        available to the Committee on Appropriations of the Senate, the

        Committee on Appropriations of the House of Representatives,

        and to the President.

            (2) Distribution by the president.--Subject to paragraph

        (3), the President shall provide for suitable distribution of

        the classified Schedule of Authorizations referred to in

        subsection (a), or of appropriate portions of such Schedule,

        within the executive branch of the Federal Government.

            (3) Limits on disclosure.--The President shall not publicly

        disclose the classified Schedule of Authorizations or any

        portion of such Schedule except--

                    (A) as provided in section 601(a) of the

                Implementing Recommendations of the 9/11 Commission Act

                of 2007 (50 U.S.C. 3306(a));

                    (B) to the extent necessary to implement the

                budget; or

                    (C) as otherwise required by law.

 

SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

 

    (a) Authorization of Appropriations.--There is authorized to be

appropriated for the Intelligence Community Management Account of the

Director of National Intelligence for fiscal year 2024 the sum of

$658,950,000.

    (b) Classified Authorization of Appropriations.--In addition to

amounts authorized to be appropriated for the Intelligence Community

Management Account by subsection (a), there are authorized to be

appropriated for the Intelligence Community Management Account for

fiscal year 2024 such additional amounts as are specified in the

classified Schedule of Authorizations referred to in section 102(a).

 

SEC. 104. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY

              LAW.

 

    Appropriations authorized by this division for salary, pay,

retirement, and other benefits for Federal employees may be increased

by such additional or supplemental amounts as may be necessary for

increases in such compensation or benefits authorized by law.

 

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

 

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

 

    There is authorized to be appropriated for the Central Intelligence

Agency Retirement and Disability Fund $514,000,000 for fiscal year

2024.

 

               TITLE III--INTELLIGENCE COMMUNITY MATTERS

 

           Subtitle A--General Intelligence Community Matters

 

SEC. 301. PLAN TO RECRUIT, TRAIN, AND RETAIN PERSONNEL WITH EXPERIENCE

              IN FINANCIAL INTELLIGENCE AND EMERGING TECHNOLOGIES.

 

    (a) In General.--Not later than 180 days after the date of the

enactment of this Act, the Director of National Intelligence, in

coordination with the heads of human capital of the Central

Intelligence Agency, the National Security Agency, and the Federal

Bureau of Investigation, shall submit to the congressional intelligence

committees, the Committee on Appropriations of the Senate, and the

Committee on Appropriations of the House of Representatives a plan for

the intelligence community to recruit, train, and retain personnel who

have skills and experience in financial intelligence and emerging

technologies in order to improve analytic tradecraft.

    (b) Elements.--The plan required by subsection (a) shall include

the following elements:

            (1) An assessment, including measurable benchmarks of

        progress, of current initiatives of the intelligence community

        to recruit, train, and retain personnel who have skills and

        experience in financial intelligence and emerging technologies.

            (2) An assessment of whether personnel in the intelligence

        community who have such skills are currently well integrated

        into the analytical cadre of the relevant elements of the

        intelligence community that produce analyses with respect to

        financial intelligence and emerging technologies.

            (3) An identification of challenges to hiring or

        compensation in the intelligence community that limit progress

        toward rapidly increasing the number of personnel with such

        skills, and an identification of hiring or other reforms to

        resolve such challenges.

            (4) A determination of whether the National Intelligence

        University has the resources and expertise necessary to train

        existing personnel in financial intelligence and emerging

        technologies.

            (5) A strategy, including measurable benchmarks of

        progress, to, by January 1, 2025, increase by 10 percent the

        analytical cadre of personnel with expertise and previous

        employment in financial intelligence and emerging technologies.

 

SEC. 302. POLICY AND PERFORMANCE FRAMEWORK FOR MOBILITY OF INTELLIGENCE

              COMMUNITY WORKFORCE.

 

    (a) In General.--Not later than 180 days after the date of the

enactment of this Act, the Director of National Intelligence shall, in

coordination with the Secretary of Defense and the Director of the

Office of Personnel Management as the Director of National Intelligence

considers appropriate, develop and implement a policy and performance

framework to ensure the timely and effective mobility of employees and

contractors of the Federal Government who are transferring employment

between elements of the intelligence community.

    (b) Elements.--The policy and performance framework required by

subsection (a) shall include processes with respect to the following:

            (1) Human resources.

            (2) Medical reviews.

            (3) Determinations of suitability or eligibility for access

        to classified information in accordance with Executive Order

        13467 (50 U.S.C. 3161 note; relating to reforming processes

        related to suitability for Government employment, fitness for

        contractor employees, and eligibility for access to classified

        national security information).

 

SEC. 303. IN-STATE TUITION RATES FOR ACTIVE DUTY MEMBERS OF THE

              INTELLIGENCE COMMUNITY.

 

    (a) In General.--Section 135(d) of the Higher Education Act of 1965

(20 U.S.C. 1015d(d)), as amended by section 6206(a)(4) of the Foreign

Service Families Act of 2021 (Public Law 117-81), is further amended--

            (1) in paragraph (1), by striking ``or'' after the

        semicolon;

            (2) in paragraph (2), by striking the period at the end and

        inserting ``; or''; and

            (3) by adding at the end the following new paragraph:

            ``(3) a member of the intelligence community (as defined in

        section 3 of the National Security Act of 1947 (50 U.S.C.

        3003)) (other than a member of the Armed Forces of the United

        States) who is on active duty for a period of more than 30

        days.''.

    (b) Effective Date.--The amendments made by subsection (a) shall

take effect at each public institution of higher education in a State

that receives assistance under the Higher Education Act of 1965 (20

U.S.C. 1001 et seq.) for the first period of enrollment at such

institution that begins after July 1, 2026.

 

SEC. 304. STANDARDS, CRITERIA, AND GUIDANCE FOR COUNTERINTELLIGENCE

              VULNERABILITY ASSESSMENTS AND SURVEYS.

 

    Section 904(d)(7)(A) of the Counterintelligence Enhancement Act of

2002 (50 U.S.C. 3383(d)(7)(A)) is amended to read as follows:

                    ``(A) Counterintelligence vulnerability assessments

                and surveys.--To develop standards, criteria, and

                guidance for counterintelligence risk assessments and

                surveys of the vulnerability of the United States to

                intelligence threats, including with respect to

                critical infrastructure and critical technologies, in

                order to identify the areas, programs, and activities

                that require protection from such threats.''.

 

SEC. 305. IMPROVING ADMINISTRATION OF CERTAIN POST-EMPLOYMENT

              RESTRICTIONS FOR INTELLIGENCE COMMUNITY.

 

    Section 304 of the National Security Act of 1947 (50 U.S.C. 3073a)

is amended--

            (1) in subsection (c)(1)--

                    (A) by striking ``A former'' and inserting the

                following:

                    ``(A) In general.--A former''; and

                    (B) by adding at the end the following:

                    ``(B) Prior disclosure to director of national

                intelligence.--

                            ``(i) In general.--In the case of a former

                        employee who occupies a covered post-service

                        position in violation of subsection (a),

                        whether the former employee voluntarily

                        notified the Director of National Intelligence

                        of the intent of the former employee to occupy

                        such covered post-service position before

                        occupying such post-service position may be

                        used in determining whether the violation was

                        knowing and willful for purposes of

                        subparagraph (A).

                            ``(ii) Procedures and guidance.--The

                        Director of National Intelligence may establish

                        procedures and guidance relating to the

                        submittal of notice for purposes of clause

                        (i).''; and

            (2) in subsection (d)--

                    (A) in paragraph (1), by inserting ``the

                restrictions under subsection (a) and'' before ``the

                report requirements'';

                    (B) in paragraph (2), by striking ``ceases to

                occupy'' and inserting ``occupies''; and

                    (C) in paragraph (3)(B), by striking ``before the

                person ceases to occupy a covered intelligence

                position'' and inserting ``when the person occupies a

                covered intelligence position''.

 

SEC. 306. MISSION OF THE NATIONAL COUNTERINTELLIGENCE AND SECURITY

              CENTER.

 

    (a) In General.--Section 904 of the Counterintelligence Enhancement

Act of 2002 (50 U.S.C. 3383) is amended--

            (1) by redesignating subsections (d) through (i) as

        subsections (e) through (j), respectively; and

            (2) by inserting after subsection (c) the following:

    ``(d) Mission.--The mission of the National Counterintelligence and

Security Center shall include organizing and leading strategic planning

for counterintelligence activities of the United States Government by

integrating instruments of national power as needed to counter foreign

intelligence activities.''.

    (b) Conforming Amendments.--

            (1) Counterintelligence enhancement act of 2002.--Section

        904 of the Counterintelligence Enhancement Act of 2002 (50

        U.S.C. 3383) is amended--

                    (A) in subsection (e), as redesignated by

                subsection (a)(1), by striking ``Subject to subsection

                (e)'' both places it appears and inserting ``Subject to

                subsection (f)''; and

                    (B) in subsection (f), as so redesignated--

                            (i) in paragraph (1), by striking

                        ``subsection (d)(1)'' and inserting

                        ``subsection (e)(1)''; and

                            (ii) in paragraph (2), by striking

                        ``subsection (d)(2)'' and inserting

                        ``subsection (e)(2)''.

            (2) Counterintelligence and security enhancements act of

        1994.--Section 811(d)(1)(B)(ii) of the Counterintelligence and

        Security Enhancements Act of 1994 (50 U.S.C. 3381(d)(1)(B)(ii))

        is amended by striking ``section 904(d)(2) of that Act (50

        U.S.C. 3383(d)(2))'' and inserting ``section 904(e)(2) of that

        Act (50 U.S.C. 3383(e)(2))''.

 

SEC. 307. PROHIBITION RELATING TO TRANSPORT OF INDIVIDUALS DETAINED AT

              UNITED STATES NAVAL STATION, GUANTANAMO BAY, CUBA.

 

    (a) Definition of Individual Detained at Guantanamo.--In this

section, the term ``individual detained at Guantanamo'' has the meaning

given that term in section 1034(f)(2) of the National Defense

Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat.

971; 10 U.S.C. 801 note).

    (b) Prohibition on Chartering Private or Commercial Aircraft to

Transport Individuals Detained at United States Naval Station,

Guantanamo Bay, Cuba.--No head of an element of the intelligence

community may charter any private or commercial aircraft to transport

an individual who is or was an individual detained at Guantanamo.

 

SEC. 308. DEPARTMENT OF ENERGY SCIENCE AND TECHNOLOGY RISK ASSESSMENTS.

 

    (a) Definitions.--In this section:

            (1) Country of risk.--

                    (A) In general.--The term ``country of risk'' means

                a foreign country determined by the Secretary, in

                accordance with subparagraph (B), to present a risk of

                theft of United States intellectual property or a

                threat to the national security of the United States if

                nationals of the country, or entities owned or

                controlled by the country or nationals of the country,

                participate in any research, development,

                demonstration, or deployment activity authorized under

                this Act or an amendment made by this Act.

                    (B) Determination.--In making a determination under

                subparagraph (A), the Secretary, in coordination with

                the Director of the Office of Intelligence and

                Counterintelligence, shall take into consideration--

                            (i) the most recent World Wide Threat

                        Assessment of the United States Intelligence

                        Community, prepared by the Director of National

                        Intelligence; and

                            (ii) the most recent National

                        Counterintelligence Strategy of the United

                        States.

            (2) Covered support.--The term ``covered support'' means

        any grant, contract, subcontract, award, loan, program,

        support, or other activity authorized under this Act or an

        amendment made by this Act.

            (3) Entity of concern.--The term ``entity of concern''

        means any entity, including a national, that is--

                    (A) identified under section 1237(b) of the Strom

                Thurmond National Defense Authorization Act for Fiscal

                Year 1999 (50 U.S.C. 1701 note; Public Law 105-261);

                    (B) identified under section 1260H of the William

                M. (Mac) Thornberry National Defense Authorization Act

                for Fiscal Year 2021 (10 U.S.C. 113 note; Public Law

                116-283);

                    (C) on the Entity List maintained by the Bureau of

                Industry and Security of the Department of Commerce and

                set forth in Supplement No. 4 to part 744 of title 15,

                Code of Federal Regulations;

                    (D) included in the list required by section

                9(b)(3) of the Uyghur Human Rights Policy Act of 2020

                (Public Law 116-145; 134 Stat. 656); or

                    (E) identified by the Secretary, in coordination

                with the Director of the Office of Intelligence and

                Counterintelligence and the applicable office that

                would provide, or is providing, covered support, as

                posing an unmanageable threat--

                            (i) to the national security of the United

                        States; or

                            (ii) of theft or loss of United States

                        intellectual property.

            (4) National.--The term ``national'' has the meaning given

        the term in section 101 of the Immigration and Nationality Act

        (8 U.S.C. 1101).

            (5) Secretary.--The term ``Secretary'' means the Secretary

        of Energy.

    (b) Science and Technology Risk Assessment.--

            (1) In general.--The Secretary shall develop and maintain

        tools and processes to manage and mitigate research security

        risks, such as a science and technology risk matrix, informed

        by threats identified by the Director of the Office of

        Intelligence and Counterintelligence, to facilitate

        determinations of the risk of loss of United States

        intellectual property or threat to the national security of the

        United States posed by activities carried out under any covered

        support.

            (2) Content and implementation.--In developing and using

        the tools and processes developed under paragraph (1), the

        Secretary shall--

                    (A) deploy risk-based approaches to evaluating,

                awarding, and managing certain research, development,

                demonstration, and deployment activities, including

                designations that will indicate the relative risk of

                activities;

                    (B) assess, to the extent practicable, ongoing

                high-risk activities;

                    (C) designate an officer or employee of the

                Department of Energy to be responsible for tracking and

                notifying recipients of any covered support of

                unmanageable threats to United States national security

                or of theft or loss of United States intellectual

                property posed by an entity of concern;

                    (D) consider requiring recipients of covered

                support to implement additional research security

                mitigations for higher-risk activities if appropriate;

                and

                    (E) support the development of research security

                training for recipients of covered support on the risks

                posed by entities of concern.

            (3) Annual updates.--The tools and processes developed

        under paragraph (1) shall be evaluated annually and updated as

        needed, with threat-informed input from the Office of

        Intelligence and Counterintelligence, to reflect changes in the

        risk designation under paragraph (2)(A) of research,

        development, demonstration, and deployment activities conducted

        by the Department of Energy.

    (c) Entity of Concern.--

            (1) Prohibition.--Except as provided in paragraph (2), no

        entity of concern, or individual that owns or controls, is

        owned or controlled by, or is under common ownership or control

        with an entity of concern, may receive, or perform work under,

        any covered support.

            (2) Waiver of prohibition.--

                    (A) In general.--The Secretary may waive the

                prohibition under paragraph (1) if determined by the

                Secretary to be in the national interest.

                    (B) Notification to congress.--Not less than 2

                weeks prior to issuing a waiver under subparagraph (A),

                the Secretary shall notify Congress of the intent to

                issue the waiver, including a justification for the

                waiver.

            (3) Penalty.--

                    (A) Termination of support.--On finding that any

                entity of concern or individual described in paragraph

                (1) has received covered support and has not received a

                waiver under paragraph (2), the Secretary shall

                terminate all covered support to that entity of concern

                or individual, as applicable.

                    (B) Penalties.--An entity of concern or individual

                identified under subparagraph (A) shall be--

                            (i) prohibited from receiving or

                        participating in covered support for a period

                        of not less than 1 year but not more than 10

                        years, as determined by the Secretary; or

                            (ii) instead of the penalty described in

                        clause (i), subject to any other penalties

                        authorized under applicable law or regulations

                        that the Secretary determines to be in the

                        national interest.

                    (C) Notification to congress.--Prior to imposing a

                penalty under subparagraph (B), the Secretary shall

                notify Congress of the intent to impose the penalty,

                including a description of and justification for the

                penalty.

            (4) Coordination.--The Secretary shall--

                    (A) share information about the unmanageable

                threats described in subsection (a)(3)(E) with other

                Federal agencies; and

                    (B) develop consistent approaches to identifying

                entities of concern.

    (d) International Agreements.--This section shall be applied in a

manner consistent with the obligations of the United States under

international agreements.

    (e) Report Required.--Not later than 240 days after the date of

enactment of this Act, the Secretary shall submit to Congress a report

that--

            (1) describes--

                    (A) the tools and processes developed under

                subsection (b)(1) and any updates to those tools and

                processes; and

                    (B) if applicable, the science and technology risk

                matrix developed under that subsection and how that

                matrix has been applied;

            (2) includes a mitigation plan for managing risks posed by

        countries of risk with respect to future or ongoing research

        and development activities of the Department of Energy; and

            (3) defines critical research areas, designated by risk, as

        determined by the Secretary.

 

SEC. 309. CONGRESSIONAL OVERSIGHT OF INTELLIGENCE COMMUNITY RISK

              ASSESSMENTS.

 

    (a) Risk Assessment Documents and Materials.--Except as provided in

subsection (b), whenever an element of the intelligence community

conducts a risk assessment arising from the mishandling or improper

disclosure of classified information, the Director of National

Intelligence shall, not later than 30 days after the date of the

commencement of such risk assessment--

            (1) submit to the congressional intelligence committees

        copies of such documents and materials as are--

                    (A) within the jurisdiction of such committees; and

                    (B) subject to the risk assessment; and

            (2) provide such committees a briefing on such documents,

        materials, and risk assessment.

    (b) Exception.--If the Director determines, with respect to a risk

assessment described in subsection (a), that the documents and other

materials otherwise subject to paragraph (1) of such subsection (a) are

of such a volume that submittal pursuant to such paragraph would be

impracticable, the Director shall--

            (1) in lieu of submitting copies of such documents and

        materials, submit a log of such documents and materials; and

            (2) pursuant to a request by the Select Committee on

        Intelligence of the Senate or the Permanent Select Committee on

        Intelligence of the House of Representatives for a copy of a

        document or material included in such log, submit to such

        committee such copy.

 

SEC. 310. INSPECTOR GENERAL REVIEW OF DISSEMINATION BY FEDERAL BUREAU

              OF INVESTIGATION RICHMOND, VIRGINIA, FIELD OFFICE OF

              CERTAIN DOCUMENT.

 

    (a) Review Required.--Not later than 120 days after the date of the

enactment of this Act, the Inspector General of the Department of

Justice shall conduct a review of the actions and events, including any

underlying policy direction, that served as a basis for the January 23,

2023, dissemination by the field office of the Federal Bureau of

Investigation located in Richmond, Virginia, of a document titled

``Interest of Racially or Ethnically Motivated Violent Extremists in

Radical-Traditionalist Catholic Ideology Almost Certainly Presents New

Mitigation Opportunities.''.

    (b) Submittal to Congress.--The Inspector General of the Department

of Justice shall submit the findings of the Inspector General with

respect to the review required by subsection (a) to the following:

            (1) The congressional intelligence committees.

            (2) The Committee on the Judiciary, Committee on Homeland

        Security and Governmental Affairs, and the Committee on

        Appropriations of the Senate.

            (3) The Committee on the Judiciary, the Committee on

        Oversight and Accountability, and the Committee on

        Appropriations of the House of Representatives.

 

SEC. 311. OFFICE OF INTELLIGENCE AND ANALYSIS.

 

    Section 201 of the Homeland Security Act of 2002 (6 U.S.C. 121) is

amended by adding at the end the following:

    ``(h) Prohibition.--

            ``(1) Definition.--In this subsection, the term `United

        States person' means a United States citizen, an alien known by

        the Office of Intelligence and Analysis to be a permanent

        resident alien, an unincorporated association substantially

        composed of United States citizens or permanent resident

        aliens, or a corporation incorporated in the United States,

        except for a corporation directed and controlled by 1 or more

        foreign governments.

            ``(2) Collection of information from united states

        persons.--

                    ``(A) In general.--Notwithstanding any other

                provision of law, the Office of Intelligence and

                Analysis may not engage in the collection of

                information or intelligence targeting any United States

                person except as provided in subparagraph (B).

                    ``(B) Exception.--Subparagraph (A) shall not apply

                to any employee, officer, or contractor of the Office

                of Intelligence and Analysis who is responsible for

                collecting information from individuals working for a

                State, local, or Tribal territory government or a

                private employer.''.

 

                Subtitle B--Central Intelligence Agency

 

SEC. 321. CHANGE TO PENALTIES AND INCREASED AVAILABILITY OF MENTAL

              HEALTH TREATMENT FOR UNLAWFUL CONDUCT ON CENTRAL

              INTELLIGENCE AGENCY INSTALLATIONS.

 

    Section 15(b) of the Central Intelligence Agency Act of 1949 (50

U.S.C. 3515(b)) is amended, in the second sentence, by striking ``those

specified in section 1315(c)(2) of title 40, United States Code'' and

inserting ``the maximum penalty authorized for a Class B misdemeanor

under section 3559 of title 18, United States Code''.

 

SEC. 322. MODIFICATIONS TO PROCUREMENT AUTHORITIES OF THE CENTRAL

              INTELLIGENCE AGENCY.

 

    Section 3 of the Central Intelligence Agency Act of 1949 (50 U.S.C.

3503) is amended--

            (1) in subsection (a), by striking ``sections'' and all

        that follows through ``session)'' and inserting ``sections

        3201, 3203, 3204, 3206, 3207, 3302 through 3306, 3321 through

        3323, 3801 through 3808, 3069, 3134, 3841, and 4752 of title

        10, United States Code'' and

            (2) in subsection (d), by striking ``in paragraphs'' and

        all that follows through ``1947'' and inserting ``in sections

        3201 through 3204 of title 10, United States Code, shall not be

        delegable. Each determination or decision required by sections

        3201 through 3204, 3321 through 3323, and 3841 of title 10,

        United States Code''.

 

SEC. 323. ESTABLISHMENT OF CENTRAL INTELLIGENCE AGENCY STANDARD

              WORKPLACE SEXUAL MISCONDUCT COMPLAINT INVESTIGATION

              PROCEDURE.

 

    (a) Workplace Sexual Misconduct Defined.--The term ``workplace

sexual misconduct''--

            (1) means unwelcome sexual advances, requests for sexual

        favors, and other verbal or physical conduct of a sexual nature

        when--

                    (A) submission to such conduct is made either

                explicitly or implicitly a term or condition of an

                individual's employment;

                    (B) submission to or rejection of such conduct by

                an individual is used as the basis for employment

                decisions affecting such individual; or

                    (C) such conduct has the purpose or effect of

                unreasonably interfering with an individual's work

                performance or creating an intimidating, hostile, or

                offensive working environment; and

            (2) includes sexual harassment and sexual assault.

    (b) Standard Complaint Investigation Procedure.--Not later than 90

days after the date of the enactment of this Act, the Director of the

Central Intelligence Agency shall--

            (1) establish a standard workplace sexual misconduct

        complaint investigation procedure;

            (2) implement the standard workplace sexual misconduct

        complaint investigation procedure through clear workforce

        communication and education on the procedure; and

            (3) submit the standard workplace sexual misconduct

        complaint investigation procedure to the congressional

        intelligence committees.

    (c) Minimum Requirements.--The procedure established pursuant to

subsection (b)(1) shall, at a minimum--

            (1) identify the individuals and offices of the Central

        Intelligence Agency to which an employee of the Agency may

        bring a complaint of workplace sexual misconduct;

            (2) detail the steps each individual or office identified

        pursuant to paragraph (1) shall take upon receipt of a

        complaint of workplace sexual misconduct and the timeframes

        within which those steps shall be taken, including--

                    (A) documentation of the complaint;

                    (B) referral or notification to another individual

                or office;

                    (C) measures to document or preserve witness

                statements or other evidence; and

                    (D) preliminary investigation of the complaint;

            (3) set forth standard criteria for determining whether a

        complaint of workplace sexual misconduct will be referred to

        law enforcement and the timeframe within which such a referral

        shall occur; and

            (4) for any complaint not referred to law enforcement, set

        forth standard criteria for determining--

                    (A) whether a complaint has been substantiated; and

                    (B) for any substantiated complaint, the

                appropriate disciplinary action.

    (d) Annual Reports.--On or before April 30 of each year, the

Director shall submit to the congressional intelligence committees, the

Subcommittee on Defense of the Committee on Appropriations of the

Senate, and the Subcommittee on Defense of the Committee on

Appropriations of the House of Representatives an annual report that

includes, for the preceding calendar year, the following:

            (1) The number of workplace sexual misconduct complaints

        brought to each individual or office of the Central

        Intelligence Agency identified pursuant to subsection (c)(1),

        disaggregated by--

                    (A) complaints referred to law enforcement; and

                    (B) complaints substantiated.

            (2) For each complaint described in paragraph (1) that is

        substantiated, a description of the disciplinary action taken

        by the Director.

 

             TITLE IV--MATTERS CONCERNING FOREIGN COUNTRIES

 

                 Subtitle A--People's Republic of China

 

SEC. 401. INTELLIGENCE COMMUNITY COORDINATOR FOR ACCOUNTABILITY OF

              ATROCITIES OF THE PEOPLE'S REPUBLIC OF CHINA.

 

    (a) Definitions.--In this section:

            (1) Atrocity.--The term ``atrocity'' means a crime against

        humanity, genocide, or a war crime.

            (2) Foreign person.--The term ``foreign person'' means--

                    (A) any person or entity that is not a United

                States person; or

                    (B) any entity not organized under the laws of the

                United States or of any jurisdiction within the United

                States.

            (3) United states person.--The term ``United States

        person'' has the meaning given that term in section 105A(c) of

        the National Security Act of 1947 (50 U.S.C. 3039).

    (b) Intelligence Community Coordinator for Accountability of

Atrocities of the People's Republic of China.--

            (1) Designation.--Not later than 90 days after the date of

        the enactment of this Act, the Director of National

        Intelligence shall designate a senior official of the Office of

        the Director of National Intelligence to serve as the

        intelligence community coordinator for accountability of

        atrocities of the People's Republic of China (in this section

        referred to as the ``Coordinator'').

            (2) Duties.--The Coordinator shall lead the efforts of and

        coordinate and collaborate with the intelligence community with

        respect to the following:

                    (A) Identifying and addressing any gaps in

                intelligence collection relating to atrocities of the

                People's Republic of China, including by recommending

                the modification of the priorities of the intelligence

                community with respect to intelligence collection and

                by utilizing informal processes and collaborative

                mechanisms with key elements of the intelligence

                community to increase collection on atrocities of the

                People's Republic of China.

                    (B) Prioritizing and expanding the intelligence

                analysis with respect to ongoing atrocities of the

                People's Republic of China and disseminating within the

                United States Government intelligence relating to the

                identification and activities of foreign persons

                suspected of being involved with or providing support

                to atrocities of the People's Republic of China,

                including genocide and forced labor practices in

                Xinjiang, in order to support the efforts of other

                Federal agencies, including the Department of State,

                the Department of Justice, the Department of the

                Treasury, the Office of Foreign Assets Control, the

                Department of Commerce, the Bureau of Industry and

                Security, U.S. Customs and Border Protection, and the

                National Security Council, to hold the People's

                Republic of China accountable for such atrocities.

                    (C) Increasing efforts to declassify and share with

                the people of the United States and the international

                community information regarding atrocities of the

                People's Republic of China in order to expose such

                atrocities and counter the disinformation and

                misinformation campaign by the People's Republic of

                China to deny such atrocities.

                    (D) Documenting and storing intelligence and other

                unclassified information that may be relevant to

                preserve as evidence of atrocities of the People's

                Republic of China for future accountability, and

                ensuring that other relevant Federal agencies receive

                appropriate support from the intelligence community

                with respect to the collection, analysis, preservation,

                and, as appropriate, dissemination, of intelligence

                related to atrocities of the People's Republic of

                China, which may include the information from the

                annual report required by section 6504 of the

                Intelligence Authorization Act for Fiscal Year 2023

                (Public Law 117-263).

                    (E) Sharing information with the Forced Labor

                Enforcement Task Force, established under section 741

                of the United States-Mexico-Canada Agreement

                Implementation Act (19 U.S.C. 4681), the Department of

                Commerce, and the Department of the Treasury for the

                purposes of entity listings and sanctions.

            (3) Plan required.--Not later than 120 days after the date

        of the enactment of this Act, the Director shall submit to the

        appropriate committees of Congress--

                    (A) the name of the official designated as the

                Coordinator pursuant to paragraph (1); and

                    (B) the strategy of the intelligence community for

                the collection and dissemination of intelligence

                relating to ongoing atrocities of the People's Republic

                of China, including a detailed description of how the

                Coordinator shall support, and assist in facilitating

                the implementation of, such strategy.

            (4) Annual report to congress.--

                    (A) Reports required.--Not later than May 1, 2024,

                and annually thereafter until May 1, 2034, the Director

                shall submit to Congress a report detailing, for the

                year covered by the report--

                            (i) the analytical findings, changes in

                        collection, and other activities of the

                        intelligence community with respect to ongoing

                        atrocities of the People's Republic of China;

                            (ii) the recipients of information shared

                        pursuant to this section for the purpose of--

                                    (I) providing support to Federal

                                agencies to hold the People's Republic

                                of China accountable for such

                                atrocities; and

                                    (II) sharing information with the

                                people of the United States to counter

                                the disinformation and misinformation

                                campaign by the People's Republic of

                                China to deny such atrocities; and

                            (iii) with respect to clause (ii), the date

                        of any such sharing.

                    (B) Form.--Each report submitted under subparagraph

                (A) may be submitted in classified form, consistent

                with the protection of intelligence sources and

                methods.

    (c) Sunset.--This section shall cease to have effect on the date

that is 10 years after the date of the enactment of this Act.

 

SEC. 402. INTERAGENCY WORKING GROUP AND REPORT ON THE MALIGN EFFORTS OF

              THE PEOPLE'S REPUBLIC OF CHINA IN AFRICA.

 

    (a) Establishment.--

            (1) In general.--The Director of National Intelligence, in

        consultation with such heads of elements of the intelligence

        community as the Director considers appropriate, shall

        establish an interagency working group within the intelligence

        community to analyze the tactics and capabilities of the

        People's Republic of China in Africa.

            (2) Establishment flexibility.--The working group

        established under paragraph (1) may be--

                    (A) independently established; or

                    (B) to avoid redundancy, incorporated into existing

                working groups or cross-intelligence efforts within the

                intelligence community.

    (b) Report.--

            (1) Definition of appropriate committees of congress.--In

        this subsection, the term ``appropriate committees of

        Congress'' means--

                    (A) the congressional intelligence committees;

                    (B) the Committee on Foreign Relations and the

                Subcommittee on Defense of the Committee on

                Appropriations of the Senate; and

                    (C) the Committee on Foreign Affairs and the

                Subcommittee on Defense of the Committee on

                Appropriations of the House of Representatives.

            (2) In general.--Not later than 120 days after the date of

        the enactment of this Act, and twice annually thereafter, the

        working group established under subsection (a) shall submit to

        the appropriate committees of Congress a report on the specific

        tactics and capabilities of the People's Republic of China in

        Africa.

            (3) Elements.--Each report required by paragraph (2) shall

        include the following elements:

                    (A) An assessment of efforts by the Government of

                the People's Republic of China to exploit mining and

                reprocessing operations in Africa.

                    (B) An assessment of efforts by the Government of

                the People's Republic of China to provide or fund

                technologies in Africa, including--

                            (i) telecommunications and energy

                        technologies, such as advanced reactors,

                        transportation, and other commercial products;

                        and

                            (ii) by requiring that the People's

                        Republic of China be the sole provider of such

                        technologies.

                    (C) An assessment of efforts by the Government of

                the People's Republic of China to expand intelligence

                capabilities in Africa.

                    (D) A description of actions taken by the

                intelligence community to counter such efforts.

                    (E) An assessment of additional resources needed by

                the intelligence community to better counter such

                efforts.

            (4) Form.--Each report required by paragraph (2) shall be

        submitted in unclassified form, but may include a classified

        annex if necessary.

    (c) Sunset.--The requirements of this section shall terminate on

the date that is 5 years after the date of the enactment of this Act.

 

SEC. 403. AMENDMENT TO REQUIREMENT FOR ANNUAL ASSESSMENT BY

              INTELLIGENCE COMMUNITY WORKING GROUP FOR MONITORING THE

              ECONOMIC AND TECHNOLOGICAL CAPABILITIES OF THE PEOPLE'S

              REPUBLIC OF CHINA.

 

    Section 6503(c)(3)(D) of the Intelligence Authorization Act for

Fiscal Year 2023 (division F of Public Law 117-263) is amended by

striking ``the top 200'' and inserting ``all the known''.

 

SEC. 404. ASSESSMENTS OF RECIPROCITY IN THE RELATIONSHIP BETWEEN THE

              UNITED STATES AND THE PEOPLE'S REPUBLIC OF CHINA.

 

    (a) In General.--Not later than 1 year after the date of the

enactment of this Act, the Assistant Secretary of State for

Intelligence and Research, in consultation with the Director of

National Intelligence and such other heads of elements of the

intelligence community as the Assistant Secretary considers relevant,

shall submit to Congress the following:

            (1) A comprehensive assessment that identifies critical

        areas in the security, diplomatic, economic, financial,

        technological, scientific, commercial, academic, and cultural

        spheres in which the United States does not enjoy a reciprocal

        relationship with the People's Republic of China.

            (2) A comprehensive assessment that describes how the lack

        of reciprocity between the People's Republic of China and the

        United States in the areas identified in the assessment

        required by paragraph (1) provides advantages to the People's

        Republic of China.

    (b) Form of Assessments.--

            (1) Critical areas.--The assessment required by subsection

        (a)(1) shall be submitted in unclassified form.

            (2) Advantages.--The assessment required by subsection

        (a)(2) shall be submitted in classified form.

 

SEC. 405. ANNUAL BRIEFING ON INTELLIGENCE COMMUNITY EFFORTS TO IDENTIFY

              AND MITIGATE CHINESE COMMUNIST PARTY AND RUSSIAN FOREIGN

              MALIGN INFLUENCE OPERATIONS AGAINST THE UNITED STATES.

 

    (a) Definitions.--In this section:

            (1) Chinese entities engaged in foreign malign influence

        operations.--The term ``hinese entities engaged in foreign

        malign influence operations'' means all of the elements of the

        Government of the People's Republic of China and the Chinese

        Communist Party involved in foreign malign influence, such as--

                    (A) the Ministry of State Security;

                    (B) other security services of the People's

                Republic of China;

                    (C) the intelligence services of the People's

                Republic of China;

                    (D) the United Front Work Department and other

                united front organs;

                    (E) state-controlled media systems, such as the

                China Global Television Network (CGTN); and

                    (F) any entity involved in foreign malign influence

                operations that demonstrably and intentionally

                disseminate false information and propaganda of the

                Government of the People's Republic of China or the

                Chinese Communist Party.

            (2) Russian malign influence actors.--The term ``Russian

        malign influence actors'' refers to entities or individuals

        engaged in foreign malign influence operations against the

        United States who are affiliated with--

                    (A) the intelligence and security services of the

                Russian Federation

                    (B) the Presidential Administration;

                    (C) any other entity of the Government of the

                Russian Federation; or

                    (D) Russian mercenary or proxy groups such as the

                Wagner Group.

            (3) Foreign malign influence operation.--The term ``foreign

        malign influence operation'' means a coordinated and often

        concealed activity that is covered by the definition of the

        term ``foreign malign influence'' in section 119C of the

        National Security Act of 1947 (50 U.S.C. 3059) and uses

        disinformation, press manipulation, economic coercion, targeted

        investments, corruption, or academic censorship, which are

        often intended--

                    (A) to coerce and corrupt United States interests,

                values, institutions, or individuals; and

                    (B) to foster attitudes, behavior, decisions, or

                outcomes in the United States that support the

                interests of the Government of the People's Republic of

                China or the Chinese Communist Party.

    (b) Briefing Required.--Not later than 120 days after the date of

the enactment of this Act and annually thereafter until the date that

is 5 years after the date of the enactment of this Act, the Director of

the Foreign Malign Influence Center shall, in collaboration with the

heads of the elements of the intelligence community, provide Congress a

classified briefing on the ways in which the relevant elements of the

intelligence community are working internally and coordinating across

the intelligence community to identify and mitigate the actions of

Chinese and Russian entities engaged in foreign malign influence

operations against the United States, including against United States

persons.

    (c) Elements.--The classified briefing required by subsection (b)

shall cover the following:

            (1) The Government of the Russian Federation, the

        Government of the People's Republic of China, and the Chinese

        Communist Party tactics, tools, and entities that spread

        disinformation, misinformation, and malign information and

        conduct influence operations, information campaigns, or other

        propaganda efforts.

            (2) A description of ongoing foreign malign influence

        operations and campaigns of the Russian Federation against the

        United States and an assessment of their objectives and

        effectiveness in meeting those objectives.

            (3) A description of ongoing foreign malign influence

        operations and campaigns of the People's Republic of China

        against the United States and an assessment of their objectives

        and effectiveness in meeting those objectives.

            (4) A description of any cooperation, information-sharing,

        amplification, or other coordination between the Russian

        Federation and the People's Republic of China in developing or

        carrying out foreign malign influence operations against the

        United States.

            (5) A description of front organizations, proxies, cut-

        outs, aligned third-party countries, or organizations used by

        the Russian Federation or the People's Republic of China to

        carry out foreign malign influence operations against the

        United States.

            (6) An assessment of the loopholes or vulnerabilities in

        United States law that Russia and the People's Republic of

        China exploit to carry out foreign malign influence operations.

            (7) The actions of the Foreign Malign Influence Center, in

        coordination with the Global Engagement Center, relating to

        early-warning, information sharing, and proactive risk

        mitigation systems, based on the list of entities identified in

        subsection (a)(1), to detect, expose, deter, and counter

        foreign malign influence operations of the Government of the

        People's Republic of China or the Chinese Communist Party

        against the United States.

            (8) The actions of the Foreign Malign Influence Center to

        conduct outreach, to identify and counter tactics, tools, and

        entities described in paragraph (1) by sharing information with

        allies and partners of the United States, in coordination with

        the Global Engagement Center, as well as State and local

        governments, the business community, and civil society in order

        to expose the political influence operations and information

        operations of the Government of the Russian Federation and the

        Government of the People's Republic of China or the Chinese

        Communist Party carried out against individuals and entities in

        the United States.

 

SEC. 406. ASSESSMENT OF THREAT POSED TO UNITED STATES PORTS BY CRANES

              MANUFACTURED BY COUNTRIES OF CONCERN.

 

    (a) Definitions.--In this section:

            (1) Appropriate committees of congress.--The term

        ``appropriate committees of Congress'' means--

                    (A) the congressional intelligence committees;

                    (B) the Committee on Armed Services, the Committee

                on Homeland Security and Governmental Affairs, the

                Committee on Banking, Housing, and Urban Affairs, and

                the Subcommittee on Defense of the Committee on

                Appropriations of the Senate; and

                    (C) the Committee on Armed Services, the Committee

                on Oversight and Accountability, the Committee on

                Financial Services, and the Subcommittee on Defense of

                the Committee on Appropriations of the House of

                Representatives.

            (2) Country of concern.--The term ``country of concern''

        has the meaning given that term in section 1(m)(1) of the State

        Department Basic Authorities Act of 1956 (22 U.S.C.

        2651a(m)(1)).

    (b) Assessment.--The Director of National Intelligence, in

coordination with such other heads of the elements of the intelligence

community as the Director considers appropriate and the Secretary of

Defense, shall conduct an assessment of the threat posed to United

States ports by cranes manufactured by countries of concern and

commercial entities of those countries, including the Shanghai Zhenhua

Heavy Industries Co. (ZPMC).

    (c) Report and Briefing.--

            (1) In general.--Not later than 180 days after the date of

        the enactment of this Act, the Director of National

        Intelligence shall submit a report and provide a briefing to

        the appropriate committees of Congress on the findings of the

        assessment required by subsection (b).

            (2) Elements.--The report and briefing required by

        paragraph (1) shall outline the potential for the cranes

        described in subsection (b) to collect intelligence, disrupt

        operations at United States ports, and impact the national

        security of the United States.

            (3) Form of report.--The report required by paragraph (1)

        shall be submitted in unclassified form, but may include a

        classified annex.

 

                  Subtitle B--Other Foreign Countries

 

SEC. 411. REPORT ON EFFORTS TO CAPTURE AND DETAIN UNITED STATES

              CITIZENS AS HOSTAGES.

 

    (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 Subcommittee on Defense of the Committee

        on Appropriations of the Senate; and

            (3) the Committee on Foreign Affairs, the Committee on the

        Judiciary, and the Subcommittee on Defense of the Committee on

        Appropriations of the House of Representatives.

    (b) In General.--Not later than 120 days after the date of the

enactment of this Act, the Director of National Intelligence shall

submit to the appropriate committees of Congress a report on efforts by

the Maduro regime in Venezuela to detain United States citizens and

lawful permanent residents.

    (c) Elements.--The report required by subsection (b) shall include,

regarding the arrest, capture, detainment, or imprisonment of United

States citizens and lawful permanent residents, the following:

            (1) The names, positions, and institutional affiliation of

        Venezuelan individuals, or those acting on their behalf, who

        have engaged in such activities.

            (2) A description of any role played by transnational

        criminal organizations, and an identification of such

        organizations.

            (3) Where relevant, an assessment of whether and how United

        States citizens and lawful permanent residents have been lured

        to Venezuela.

            (4) An analysis of the motive for the arrest, capture,

        detainment, or imprisonment of United States citizens and

        lawful permanent residents.

            (5) The total number of United States citizens and lawful

        permanent residents detained or imprisoned in Venezuela as of

        the date on which the report is submitted.

    (d) Form.--The report required by subsection (b) shall be submitted

in unclassified form, but may include a classified annex.

 

SEC. 412. SENSE OF CONGRESS ON PRIORITY OF FENTANYL IN NATIONAL

              INTELLIGENCE PRIORITIES FRAMEWORK.

 

    It is the sense of Congress that the trafficking of illicit

fentanyl, including precursor chemicals and manufacturing equipment

associated with illicit fentanyl production and organizations that

traffic or finance the trafficking of illicit fentanyl, originating

from the People's Republic of China and Mexico should be among the

highest priorities in the National Intelligence Priorities Framework of

the Office of the Director of National Intelligence.

 

  TITLE V--MATTERS PERTAINING TO UNITED STATES ECONOMIC AND EMERGING

         TECHNOLOGY COMPETITION WITH UNITED STATES ADVERSARIES

 

                      Subtitle A--General Matters

 

SEC. 501. ASSIGNMENT OF DETAILEES FROM INTELLIGENCE COMMUNITY TO

              DEPARTMENT OF COMMERCE.

 

    (a) Authority.--In order to better facilitate the sharing of

actionable intelligence on foreign adversary intent, capabilities,

threats, and operations that pose a threat to the interests or security

of the United States, particularly as they relate to the procurement,

development, and use of dual-use and emerging technologies, the

Director of National Intelligence may assign or facilitate the

assignment of members from across the intelligence community to serve

as detailees to the Bureau of Industry and Security of the Department

of Commerce.

    (b) Assignment.--Detailees assigned pursuant to subsection (a)

shall be drawn from such elements of the intelligence community as the

Director considers appropriate, in consultation with the Secretary of

Commerce.

    (c) Expertise.--The Director shall ensure that detailees assigned

pursuant to subsection (a) have subject matter expertise on countries

of concern, including China, Iran, North Korea, and Russia, as well as

functional areas such as illicit procurement, counterproliferation,

emerging and foundational technology, economic and financial

intelligence, information and communications technology systems, supply

chain vulnerability, and counterintelligence.

    (d) Duty Credit.--The detail of an employee of the intelligence

community to the Department of Commerce under subsection (a) shall be

without interruption or loss of civil service status or privilege.

 

   Subtitle B--Next-generation Energy, Biotechnology, and Artificial

                              Intelligence

 

SEC. 511. EXPANDED ANNUAL ASSESSMENT OF ECONOMIC AND TECHNOLOGICAL

              CAPABILITIES OF THE PEOPLE'S REPUBLIC OF CHINA.

 

    Section 6503(c)(3) of the Intelligence Authorization Act for Fiscal

Year 2023 (Public Law 117-263) is amended by adding at the end the

following:

                    ``(I) A detailed assessment, prepared in

                consultation with all elements of the working group--

                            ``(i) of the investments made by the

                        People's Republic of China in--

                                    ``(I) artificial intelligence;

                                    ``(II) next-generation energy

                                technologies, especially small modular

                                reactors and advanced batteries; and

                                    ``(III) biotechnology; and

                            ``(ii) that identifies--

                                    ``(I) competitive practices of the

                                People's Republic of China relating to

                                the technologies described in clause

                                (i);

                                    ``(II) opportunities to counter the

                                practices described in subclause (I);

                                    ``(III) countries the People's

                                Republic of China is targeting for

                                exports of civil nuclear technology;

                                    ``(IV) countries best positioned to

                                utilize civil nuclear technologies from

                                the United States in order to

                                facilitate the commercial export of

                                those technologies;

                                    ``(V) United States vulnerabilities

                                in the supply chain of these

                                technologies; and

                                    ``(VI) opportunities to counter the

                                export by the People's Republic of

                                China of civil nuclear technologies

                                globally.

                    ``(J) An identification and assessment of any unmet

                resource or authority needs of the working group that

                affect the ability of the working group to carry out

                this section.''.

 

SEC. 512. ASSESSMENT OF USING CIVIL NUCLEAR ENERGY FOR INTELLIGENCE

              COMMUNITY CAPABILITIES.

 

    (a) Assessment Required.--The Director of National Intelligence

shall, in consultation with the heads of such other elements of the

intelligence community as the Director considers appropriate, conduct

an assessment of capabilities identified by the Intelligence Community

Continuity Program established pursuant to section E(3) of Intelligence

Community Directive 118, or any successor directive, or such other

intelligence community facilities or intelligence community

capabilities as may be determined by the Director to be critical to

United States national security, that have unique energy needs--

            (1) to ascertain the feasibility and advisability of using

        civil nuclear reactors to meet such needs; and

            (2) to identify such additional resources, technologies,

        infrastructure, or authorities needed, or other potential

        obstacles, to commence use of a nuclear reactor to meet such

        needs.

    (b) Report.--Not later than 180 days after the date of the

enactment of this Act, the Director shall submit to the congressional

intelligence committees, the Committee on Homeland Security and

Governmental Affairs and the Committee on Appropriations of the Senate,

and the Committee on Oversight and Accountability and the Committee on

Appropriations of the House of Representatives a report, which may be

in classified form, on the findings of the Director with respect to the

assessment conducted pursuant to subsection (a).

 

SEC. 513. POLICIES ESTABLISHED BY DIRECTOR OF NATIONAL INTELLIGENCE FOR

              ARTIFICIAL INTELLIGENCE CAPABILITIES.

 

    (a) In General.--Section 6702 of the Intelligence Authorization Act

for Fiscal Year 2023 (50 U.S.C. 3334m) is amended--

            (1) in subsection (a), in the matter preceding paragraph

        (1), by striking ``subsection (b)'' and inserting ``subsection

        (c)'';

            (2) by redesignating subsection (b) as subsection (c); and

            (3) by inserting after subsection (a) the following:

    ``(b) Policies.--

            ``(1) In general.--In carrying out subsection (a)(1), not

        later than 1 year after the date of the enactment of the

        Intelligence Authorization Act for Fiscal Year 2024, the

        Director of National Intelligence, in consultation with the

        heads of the elements of the intelligence community, the

        Director of the Office of Management and Budget, and such other

        officials as the Director of National Intelligence determines

        appropriate, shall establish the policies described in

        paragraph (2).

            ``(2) Policies described.--The policies described in this

        paragraph are policies for the acquisition, adoption,

        development, use, coordination, and maintenance of artificial

        intelligence capabilities that--

                    ``(A) establish a lexicon relating to the use of

                machine learning and artificial intelligence developed

                or acquired by elements of the intelligence community;

                    ``(B) establish guidelines for evaluating the

                performance of models developed or acquired by elements

                of the intelligence community, such as by--

                            ``(i) specifying conditions for the

                        continuous monitoring of artificial

                        intelligence capabilities for performance,

                        including the conditions for retraining or

                        retiring models based on performance;

                            ``(ii) documenting performance objectives,

                        including specifying how performance objectives

                        shall be developed and contractually enforced

                        for capabilities procured from third parties;

                            ``(iii) specifying the manner in which

                        models should be audited, as necessary,

                        including the types of documentation that

                        should be provided to any auditor; and

                            ``(iv) specifying conditions under which

                        models used by elements of the intelligence

                        community should be subject to testing and

                        evaluation for vulnerabilities to techniques

                        meant to undermine the availability, integrity,

                        or privacy of an artificial intelligence

                        capability;

                    ``(C) establish guidelines for tracking

                dependencies in adjacent systems, capabilities, or

                processes impacted by the retraining or sunsetting of

                any model described in subparagraph (B);

                    ``(D) establish documentation requirements for

                capabilities procured from third parties, aligning such

                requirements, as necessary, with existing documentation

                requirements applicable to capabilities developed by

                elements of the intelligence community;

                    ``(E) establish standards for the documentation of

                imputed, augmented, or synthetic data used to train any

                model developed, procured, or used by an element of the

                intelligence community; and

                    ``(F) provide guidance on the acquisition and usage

                of models that have previously been trained by a third

                party for subsequent modification and usage by such an

                element.

            ``(3) Policy review and revision.--The Director of National

        Intelligence shall periodically review and revise each policy

        established under paragraph (1).''.

    (b) Conforming Amendment.--Section 6712(b)(1) of such Act (50

U.S.C. 3024 note) is amended by striking ``section 6702(b)'' and

inserting ``section 6702(c)''.

 

                    TITLE VI--WHISTLEBLOWER MATTERS

 

SEC. 601. SUBMITTAL TO CONGRESS OF COMPLAINTS AND INFORMATION BY

              WHISTLEBLOWERS IN THE INTELLIGENCE COMMUNITY.

 

    (a) Amendments to Chapter 4 of Title 5.--

            (1) Appointment of security officers.--Section 416 of title

        5, United States Code, is amended by adding at the end the

        following:

    ``(i) Appointment of Security Officers.--Each Inspector General

under this section, including the designees of the Inspector General of

the Department of Defense pursuant to subsection (b)(3), shall appoint

within their offices security officers to provide, on a permanent

basis, confidential, security-related guidance and direction to

employees and contractors described in subsection (b)(1) who intend to

report to Congress complaints or information, so that such employees

and contractors can obtain direction on how to report to Congress in

accordance with appropriate security practices.''.

            (2) Procedures.--Subsection (e) of such section is

        amended--

                    (A) in paragraph (1), by inserting ``or any other

                committee of jurisdiction of the Senate or the House of

                Representatives'' after ``either or both of the

                intelligence committees'';

                    (B) by amending paragraph (2) to read as follows:

            ``(2) Limitation.--

                    ``(A) In general.--Except as provided in

                subparagraph (B), the employee may contact an

                intelligence committee or another committee of

                jurisdiction directly as described in paragraph (1) of

                this subsection or in subsection (b)(4) only if the

                employee--

                            ``(i) before making such a contact,

                        furnishes to the head of the establishment,

                        through the Inspector General (or designee), a

                        statement of the employee's complaint or

                        information and notice of the employee's intent

                        to contact an intelligence committee or another

                        committee of jurisdiction of the Senate or the

                        House of Representatives directly; and

                            ``(ii)(I) obtains and follows, from the

                        head of the establishment, through the

                        Inspector General (or designee), procedural

                        direction on how to contact an intelligence

                        committee or another committee of jurisdiction

                        of the Senate or the House of Representatives

                        in accordance with appropriate security

                        practices; or

                            ``(II) obtains and follows such procedural

                        direction from the applicable security officer

                        appointed under subsection (i).

                    ``(B) Lack of procedural direction.--If an employee

                seeks procedural direction under subparagraph (A)(ii)

                and does not receive such procedural direction within

                30 days, or receives insufficient direction to report

                to Congress a complaint or information, the employee

                may contact an intelligence committee or any other

                committee of jurisdiction of the Senate or the House of

                Representatives directly without obtaining or following

                the procedural direction otherwise required under such

                subparagraph.''; and

                    (C) by redesignating paragraph (3) as paragraph

                (4); and

                    (D) by inserting after paragraph (2) the following:

            ``(3) Committee members and staff.--An employee of an

        element of the intelligence community who intends to report to

        Congress a complaint or information may report such complaint

        or information to the Chairman and Vice Chairman or Ranking

        Member, as the case may be, of an intelligence committee or

        another committee of jurisdiction of the Senate or the House of

        Representatives, a nonpartisan member of the committee staff

        designated for purposes of receiving complaints or information

        under this section, or a member of the majority staff and a

        member of the minority staff of the committee.''.

            (3) Clarification of right to report directly to

        congress.--Subsection (b) of such section is amended by adding

        at the end the following:

            ``(4) Clarification of right to report directly to

        congress.--Subject to paragraphs (2) and (3) of subsection (e),

        an employee of an element of the intelligence community who

        intends to report to Congress a complaint or information may

        report such complaint or information directly to Congress.''.

    (b) Amendments to National Security Act of 1947.--

            (1) Appointment of security officers.--Section 103H(j) of

        the National Security Act of 1947 (50 U.S.C. 3033(j)) is

        amended by adding at the end the following:

            ``(5) The Inspector General shall appoint within the Office

        of the Inspector General security officers as required by

        section 416(i) of title 5, United States Code.''.

            (2) Procedures.--Subparagraph (D) of section 103H(k)(5) of

        such Act (50 U.S.C. 3033(k)(5)) is amended--

                    (A) in clause (i), by inserting ``or any other

                committee of jurisdiction of the Senate or the House of

                Representatives'' after ``either or both of the

                congressional intelligence committees'';

                    (B) by amending clause (ii) to read as follows:

            ``(ii)(I) Except as provided in subclause (II), an employee

        may contact a congressional intelligence committee or another

        committee of jurisdiction directly as described in clause (i)

        only if the employee--

                    ``(aa) before making such a contact, furnishes to

                the Director, through the Inspector General, a

                statement of the employee's complaint or information

                and notice of the employee's intent to contact a

                congressional intelligence committee or another

                committee of jurisdiction of the Senate or the House of

                Representatives directly; and

                    ``(bb)(AA) obtains and follows, from the Director,

                through the Inspector General, procedural direction on

                how to contact a congressional intelligence committee

                or another committee of jurisdiction of the Senate or

                the House of Representatives in accordance with

                appropriate security practices; or

                    ``(BB) obtains and follows such procedural

                direction from the applicable security officer

                appointed under section 416(i) of title 5, United

                States Code.

                    ``(II) If an employee seeks procedural direction

                under subclause (I)(bb) and does not receive such

                procedural direction within 30 days, or receives

                insufficient direction to report to Congress a

                complaint or information, the employee may contact a

                congressional intelligence committee or any other

                committee of jurisdiction of the Senate or the House of

                Representatives directly without obtaining or following

                the procedural direction otherwise required under such

                subclause.'';

                    (C) by redesignating clause (iii) as clause (iv);

                and

                    (D) by inserting after clause (ii) the following:

            ``(iii) An employee of an element of the intelligence

        community who intends to report to Congress a complaint or

        information may report such complaint or information to the

        Chairman and Vice Chairman or Ranking Member, as the case may

        be, of a congressional intelligence committee or another

        committee of jurisdiction of the Senate or the House of

        Representatives, a nonpartisan member of the committee staff

        designated for purposes of receiving complaints or information

        under this section, or a member of the majority staff and a

        member of the minority staff of the committee.''.

            (3) Clarification of right to report directly to

        congress.--Subparagraph (A) of such section is amended--

                    (A) by inserting ``(i)'' before ``An employee of'';

                and

                    (B) by adding at the end the following:

            ``(ii) Subject to clauses (ii) and (iii) of subparagraph

        (D), an employee of an element of the intelligence community

        who intends to report to Congress a complaint or information

        may report such complaint or information directly to Congress,

        regardless of whether the complaint or information is with

        respect to an urgent concern--

                    ``(I) in lieu of reporting such complaint or

                information under clause (i); or

                    ``(II) in addition to reporting such complaint or

                information under clause (i).''.

    (c) Amendments to the Central Intelligence Agency Act of 1949.--

            (1) Appointment of security officers.--Section 17(d)(5) of

        the Central Intelligence Agency Act of 1949 (50 U.S.C.

        3517(d)(5)) is amended by adding at the end the following:

    ``(I) The Inspector General shall appoint within the Office of the

Inspector General security officers as required by section 416(i) of

title 5, United States Code.''.

            (2) Procedures.--Subparagraph (D) of such section is

        amended--

                    (A) in clause (i), by inserting ``or any other

                committee of jurisdiction of the Senate or the House of

                Representatives'' after ``either or both of the

                intelligence committees'';

                    (B) by amending clause (ii) to read as follows:

    ``(ii)(I) Except as provided in subclause (II), an employee may

contact an intelligence committee or another committee of jurisdiction

directly as described in clause (i) only if the employee--

            ``(aa) before making such a contact, furnishes to the

        Director, through the Inspector General, a statement of the

        employee's complaint or information and notice of the

        employee's intent to contact an intelligence committee or

        another committee of jurisdiction of the Senate or the House of

        Representatives directly; and

            ``(bb)(AA) obtains and follows, from the Director, through

        the Inspector General, procedural direction on how to contact

        an intelligence committee or another committee of jurisdiction

        of the Senate or the House of Representatives in accordance

        with appropriate security practices; or

            ``(BB) obtains and follows such procedural direction from

        the applicable security officer appointed under section 416(i)

        of title 5, United States Code.

            ``(II) If an employee seeks procedural direction under

        subclause (I)(bb) and does not receive such procedural

        direction within 30 days, or receives insufficient direction to

        report to Congress a complaint or information, the employee may

        contact an intelligence committee or another committee of

        jurisdiction of the Senate or the House of Representatives

        directly without obtaining or following the procedural

        direction otherwise required under such subclause.'';

                    (C) by redesignating clause (iii) as clause (iv);

                and

                    (D) by inserting after clause (ii) the following:

    ``(iii) An employee of the Agency who intends to report to Congress

a complaint or information may report such complaint or information to

the Chairman and Vice Chairman or Ranking Member, as the case may be,

of an intelligence committee or another committee of jurisdiction of

the Senate or the House of Representatives, a nonpartisan member of the

committee staff designated for purposes of receiving complaints or

information under this section, or a member of the majority staff and a

member of the minority staff of the committee.''.

            (3) Clarification of right to report directly to

        congress.--Subparagraph (A) of such section is amended--

                    (A) by inserting ``(i)'' before ``An employee of'';

                and

                    (B) by adding at the end the following:

    ``(ii) Subject to clauses (ii) and (iii) of subparagraph (D), an

employee of the Agency who intends to report to Congress a complaint or

information may report such complaint or information directly to

Congress, regardless of whether the complaint or information is with

respect to an urgent concern--

            ``(I) in lieu of reporting such complaint or information

        under clause (i); or

            ``(II) in addition to reporting such complaint or

        information under clause (i).''.

    (d) Rule of Construction.--Nothing in this section or an amendment

made by this section shall be construed to revoke or diminish any right

of an individual provided by section 2303 of title 5, United States

Code.

 

SEC. 602. PROHIBITION AGAINST DISCLOSURE OF WHISTLEBLOWER IDENTITY AS

              REPRISAL AGAINST WHISTLEBLOWER DISCLOSURE BY EMPLOYEES

              AND CONTRACTORS IN INTELLIGENCE COMMUNITY.

 

    (a) In General.--Section 1104 of the National Security Act of 1947

(50 U.S.C. 3234) is amended--

            (1) in subsection (a)(3) of such section--

                    (A) in subparagraph (I), by striking ``; or'' and

                inserting a semicolon;

                    (B) by redesignating subparagraph (J) as

                subparagraph (K); and

                    (C) by inserting after subparagraph (I) the

                following:

                    ``(J) a knowing and willful disclosure revealing

                the identity or other personally identifiable

                information of an employee or contractor employee so as

                to identify the employee or contractor employee as an

                employee or contractor employee who has made a lawful

                disclosure described in subsection (b) or (c); or'';

            (2) by redesignating subsections (f) and (g) as subsections

        (g) and (h), respectively; and

            (3) by inserting after subsection (e) the following:

    ``(f) Personnel Actions Involving Disclosure of Whistleblower

Identity.--A personnel action described in subsection (a)(3)(J) shall

not be considered to be in violation of subsection (b) or (c) under the

following circumstances:

            ``(1) The personnel action was taken with the express

        consent of the employee or contractor employee.

            ``(2) An Inspector General with oversight responsibility

        for a covered intelligence community element determines that--

                    ``(A) the personnel action was unavoidable under

                section 103H(g)(3)(A) of this Act (50 U.S.C.

                3033(g)(3)(A)), section 17(e)(3)(A) of the Central

                Intelligence Agency Act of 1949 (50 U.S.C.

                3517(e)(3)(A)), section 407(b) of title 5, United

                States Code, or section 420(b)(2)(B) of such title;

                    ``(B) the personnel action was made to an official

                of the Department of Justice responsible for

                determining whether a prosecution should be undertaken;

                or

                    ``(C) the personnel action was required by statute

                or an order from a court of competent jurisdiction.''.

    (b) Applicability to Detailees.--Subsection (a) of section 1104 of

such Act (50 U.S.C. 3234) is amended by adding at the end the

following:

            ``(5) Employee.--The term `employee', with respect to an

        agency or a covered intelligence community element, includes an

        individual who has been detailed to such agency or covered

        intelligence community element.''.

    (c) Harmonization of Enforcement.--Subsection (g) of such section,

as redesignated by subsection (a)(2) of this section, is amended to

read as follows:

    ``(g) Enforcement.--

            ``(1) In general.--Except as otherwise provided in this

        subsection, the President shall provide for the enforcement of

        this section.

            ``(2) Harmonization with other enforcement.--To the fullest

        extent possible, the President shall provide for enforcement of

        this section in a manner that is consistent with the

        enforcement of section 2302(b)(8) of title 5, United States

        Code, especially with respect to policies and procedures used

        to adjudicate alleged violations of such section.''.

 

SEC. 603. ESTABLISHING PROCESS PARITY FOR ADVERSE SECURITY CLEARANCE

              AND ACCESS DETERMINATIONS.

 

    Subparagraph (C) of section 3001(j)(4) of the Intelligence Reform

and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(4)) is amended

to read as follows:

                    ``(C) Contributing factor.--

                            ``(i) In general.--Subject to clause (iii),

                        in determining whether the adverse security

                        clearance or access determination violated

                        paragraph (1), the agency shall find that

                        paragraph (1) was violated if the individual

                        has demonstrated that a disclosure described in

                        paragraph (1) was a contributing factor in the

                        adverse security clearance or access

                        determination taken against the individual.

                            ``(ii) Circumstantial evidence.--An

                        individual under clause (i) may demonstrate

                        that the disclosure was a contributing factor

                        in the adverse security clearance or access

                        determination taken against the individual

                        through circumstantial evidence, such as

                        evidence that--

                                    ``(I) the official making the

                                determination knew of the disclosure;

                                and

                                    ``(II) the determination occurred

                                within a period such that a reasonable

                                person could conclude that the

                                disclosure was a contributing factor in

                                the determination.

                            ``(iii) Defense.--In determining whether

                        the adverse security clearance or access

                        determination violated paragraph (1), the

                        agency shall not find that paragraph (1) was

                        violated if, after a finding that a disclosure

                        was a contributing factor, the agency

                        demonstrates by clear and convincing evidence

                        that it would have made the same security

                        clearance or access determination in the

                        absence of such disclosure.''.

 

SEC. 604. ELIMINATION OF CAP ON COMPENSATORY DAMAGES FOR RETALIATORY

              REVOCATION OF SECURITY CLEARANCES AND ACCESS

              DETERMINATIONS.

 

    Section 3001(j)(4)(B) of the Intelligence Reform and Terrorism

Prevention Act of 2004 (50 U.S.C. 3341(j)(4)(B)) is amended, in the

second sentence, by striking ``not to exceed $300,000''.

 

SEC. 605. MODIFICATION AND REPEAL OF REPORTING REQUIREMENTS.

 

    (a) Modification of Frequency of Whistleblower Notifications to

Inspector General of the Intelligence Community.--Section 5334(a) of

the Damon Paul Nelson and Matthew Young Pollard Intelligence

Authorization Act for Fiscal Years 2018, 2019, and 2020 (Public Law

116-92; 50 U.S.C. 3033 note) is amended by striking ``in real time''

and inserting ``monthly''.

    (b) Repeal of Requirement for Inspectors General Reviews of

Enhanced Personnel Security Programs.--

            (1) In general.--Section 11001 of title 5, United States

        Code, is amended--

                    (A) by striking subsection (d); and

                    (B) by redesignating subsection (e) as subsection

                (d).

            (2) Technical corrections.--Subsection (d) of section 11001

        of such title, as redesignated by paragraph (1)(B), is

        amended--

                    (A) in paragraph (3), by adding ``and'' after the

                semicolon at the end; and

                    (B) in paragraph (4), by striking ``; and'' and

                inserting a period.

 

                    TITLE VII--CLASSIFICATION REFORM

 

             Subtitle A--Classification Reform Act of 2023

 

SEC. 701. SHORT TITLE.

 

    This subtitle may be cited as the ``Classification Reform Act of

2023''.

 

SEC. 702. DEFINITIONS.

 

    In this subtitle:

            (1) Agency.--The term ``agency'' means any Executive agency

        as defined in section 105 of title 5, United States Code, any

        military department as defined in section 102 of such title,

        and any other entity in the executive branch of the Federal

        Government that comes into the possession of classified

        information.

            (2) Classify, classified, classification.--The terms

        ``classify'', ``classified'', and ``classification'' refer to

        the process by which information is determined to require

        protection from unauthorized disclosure pursuant to Executive

        Order 13526 (50 U.S.C. 3161 note; relating to classified

        national security information), or previous and successor

        executive orders or similar directives, or section 703 in order

        to protect the national security of the United States.

            (3) Classified information.--The term ``classified

        information'' means information that has been classified under

        Executive Order 13526 (50 U.S.C. 3161 note; relating to

        classified national security information), or previous and

        successor executive orders or similar directives, or section

        703.

            (4) Declassify, declassified, declassification.--The terms

        ``declassify'', ``declassified'', and ``declassification''

        refer to the process by which information that has been

        classified is determined to no longer require protection from

        unauthorized disclosure pursuant to Executive Order 13526 (50

        U.S.C. 3161 note; relating to classified national security

        information), or previous and successor executive orders or

        similar directives, or section 703.

            (5) Information.--The term ``information'' means any

        knowledge that can be communicated, or documentary material,

        regardless of its physical form or characteristics, that is

        owned by, is produced by or for, or is under the control of the

        United States Government.

 

SEC. 703. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.

 

    (a) In General.--The President may, in accordance with this

section, protect from unauthorized disclosure any information owned by,

produced by or for, or under the control of the executive branch of the

Federal Government when there is a demonstrable need to do so in order

to protect the national security of the United States.

    (b) Establishment of Standards and Procedures for Classification

and Declassification.--

            (1) Governmentwide procedures.--

                    (A) Classification.--The President shall, to the

                extent necessary, establish categories of information

                that may be classified and procedures for classifying

                information under subsection (a).

                    (B) Declassification.--At the same time the

                President establishes categories and procedures under

                subparagraph (A), the President shall establish

                procedures for declassifying information that was

                previously classified.

                    (C) Minimum requirements.--The procedures

                established pursuant to subparagraphs (A) and (B)

                shall--

                            (i) provide that information may be

                        classified under this section, and may remain

                        classified under this section, only if the harm

                        to national security that might reasonably be

                        expected from disclosure of such information

                        outweighs the public interest in disclosure of

                        such information;

                            (ii) establish standards and criteria for

                        the classification of information;

                            (iii) establish standards, criteria, and

                        timelines for the declassification of

                        information classified under this section;

                            (iv) provide for the automatic

                        declassification of classified records with

                        permanent historical value;

                            (v) provide for the timely review of

                        materials submitted for pre-publication;

                            (vi) narrow the criteria for classification

                        set forth under section 1.4 of Executive Order

                        13526 (50 U.S.C. 3161 note; relating to

                        classified national security information), as

                        in effect on the day before the date of the

                        enactment of this Act;

                            (vii) narrow the exemptions from automatic

                        declassification set forth under section 3.3(b)

                        of Executive Order 13526 (50 U.S.C. 3161 note;

                        relating to classified national security

                        information), as in effect on the day before

                        the date of the enactment of this Act;

                            (viii) provide a clear and specific

                        definition of ``harm to national security'' as

                        it pertains to clause (i); and

                            (ix) provide a clear and specific

                        definition of ``intelligence sources and

                        methods'' as it pertains to the categories and

                        procedures under subparagraph (A).

            (2) Agency standards and procedures.--

                    (A) In general.--The head of each agency shall

                establish a single set of consolidated standards and

                procedures to permit such agency to classify and

                declassify information created by such agency in

                accordance with the categories and procedures

                established by the President under this section and

                otherwise to carry out this section.

                    (B) Submittal to congress.--Each agency head shall

                submit to Congress the standards and procedures

                established by such agency head under subparagraph (A).

    (c) Conforming Amendment to FOIA.--Section 552(b)(1) of title 5,

United States Code, is amended to read as follows:

            ``(1)(A) specifically authorized to be classified under

        section 703 of the Intelligence Authorization Act for Fiscal

        Year 2024, or specifically authorized under criteria

        established by an Executive order to be kept secret in the

        interest of national security; and

            ``(B) are in fact properly classified pursuant to that

        section or Executive order;''.

    (d) Effective Date.--

            (1) In general.--Subsections (a) and (b) shall take effect

        on the date that is 180 days after the date of the enactment of

        this Act.

            (2) Relation to presidential directives.--Presidential

        directives regarding classifying, safeguarding, and

        declassifying national security information, including

        Executive Order 13526 (50 U.S.C. 3161 note; relating to

        classified national security information), or successor order,

        in effect on the day before the date of the enactment of this

        Act, as well as procedures issued pursuant to such Presidential

        directives, shall remain in effect until superseded by

        procedures issues pursuant to subsection (b).

 

SEC. 704. TRANSPARENCY OFFICERS.

 

    (a) Designation.--The Attorney General, the Secretary of Defense,

the Secretary of State, the Secretary of the Treasury, the Secretary of

Health and Human Services, the Secretary of Homeland Security, the

Director of National Intelligence, the Director of the Central

Intelligence Agency, the Director of the National Security Agency, the

Director of the Federal Bureau of Investigation, and the head of any

other department, agency, or element of the executive branch of the

Federal Government determined by the Privacy and Civil Liberties

Oversight Board established by section 1061 of the Intelligence Reform

and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee) to be

appropriate for coverage under this section, shall each designate at

least 1 senior officer to serve as the principal advisor to assist such

head of a department, agency, or element and other officials of the

department, agency, or element of the head in identifying records of

significant public interest and prioritizing appropriate review of such

records in order to facilitate the public disclosure of such records in

redacted or unredacted form.

    (b) Determining Public Interest in Disclosure.--In assisting the

head of a department, agency, or element and other officials of such

department, agency, or element in identifying records of significant

public interest under subsection (a), the senior officer designated by

the head under such subsection shall consider whether--

            (1) or not disclosure of the information would better

        enable United States citizens to hold Federal Government

        officials accountable for their actions and policies;

            (2) or not disclosure of the information would assist the

        United States criminal justice system in holding persons

        responsible for criminal acts or acts contrary to the

        Constitution;

            (3) or not disclosure of the information would assist

        Congress or any committee or subcommittee thereof, in carrying

        out its oversight responsibilities with regard to the executive

        branch of the Federal Government or in adequately informing

        itself of executive branch policies and activities in order to

        carry out its legislative responsibilities;

            (4) the disclosure of the information would assist Congress

        or the public in understanding the interpretation of the

        Federal Government of a provision of law, including Federal

        regulations, Presidential directives, statutes, case law, and

        the Constitution of the United States; or

            (5) or not disclosure of the information would bring about

        any other significant benefit, including an increase in public

        awareness or understanding of Government activities or an

        enhancement of Federal Government efficiency.

    (c) Periodic Reports.--

            (1) In general.--Each senior officer designated under

        subsection (a) shall periodically, but not less frequently than

        annually, submit a report on the activities of the officer,

        including the documents determined to be in the public interest

        for disclosure under subsection (b), to--

                    (A) the Committee on Homeland Security and

                Governmental Affairs and the Select Committee on

                Intelligence of the Senate;

                    (B) the Committee on Oversight and Government

                Reform and the Permanent Select Committee on

                Intelligence of the House of Representatives; and

                    (C) the head of the department, agency, or element

                of the senior officer.

            (2) Form.--Each report submitted pursuant to paragraph (1)

        shall be submitted, to the greatest extent possible, in

        unclassified form, with a classified annex as may be necessary.

 

            Subtitle B--Sensible Classification Act of 2023

 

SEC. 711. SHORT TITLE.

 

    This subtitle may be cited as the ``Sensible Classification Act of

2023''.

 

SEC. 712. DEFINITIONS.

 

    In this subtitle:

            (1) Agency.--The term ``agency'' has the meaning given the

        term ``Executive agency'' in section 105 of title 5, United

        States Code.

            (2) Classification.--The term ``classification'' means the

        act or process by which information is determined to be

        classified information.

            (3) Classified information.--The term ``classified

        information'' means information that has been determined

        pursuant to Executive Order 12958 (50 U.S.C. 3161 note;

        relating to classified national security information), or

        successor order, to require protection against unauthorized

        disclosure and is marked to indicate its classified status when

        in documentary form.

            (4) Declassification.--The term ``declassification'' means

        the authorized change in the status of information from

        classified information to unclassified information.

            (5) Document.--The term ``document'' means any recorded

        information, regardless of the nature of the medium or the

        method or circumstances of recording.

            (6) Downgrade.--The term ``downgrade'' means a

        determination by a declassification authority that information

        classified and safeguarded at a specified level shall be

        classified and safeguarded at a lower level.

            (7) Information.--The term ``information'' means any

        knowledge that can be communicated or documentary material,

        regardless of its physical form or characteristics, that is

        owned by, is produced by or for, or is under the control of the

        United States Government.

            (8) Originate, originating, and originated.--The term

        ``originate'', ``originating'', and ``originated'', with

        respect to classified information and an authority, means the

        authority that classified the information in the first

        instance.

            (9) Records.--The term ``records'' means the records of an

        agency and Presidential papers or Presidential records, as

        those terms are defined in title 44, United States Code,

        including those created or maintained by a government

        contractor, licensee, certificate holder, or grantee that are

        subject to the sponsoring agency's control under the terms of

        the contract, license, certificate, or grant.

            (10) Security clearance.--The term ``security clearance''

        means an authorization to access classified information.

            (11) Unauthorized disclosure.--The term ``unauthorized

        disclosure'' means a communication or physical transfer of

        classified information to an unauthorized recipient.

            (12) Unclassified information.--The term ``unclassified

        information'' means information that is not classified

        information.

 

SEC. 713. FINDINGS AND SENSE OF THE SENATE.

 

    (a) Findings.--The Senate makes the following findings:

            (1) According to a report released by the Office of the

        Director of Intelligence in 2020 titled ``Fiscal Year 2019

        Annual Report on Security Clearance Determinations'', more than

        4,000,000 individuals have been granted eligibility for a

        security clearance.

            (2) At least 1,300,000 of such individuals have been

        granted access to information classified at the Top Secret

        level.

    (b) Sense of the Senate.--It is the sense of the Senate that--

            (1) the classification system of the Federal Government is

        in urgent need of reform;

            (2) the number of people with access to classified

        information is exceedingly high and must be justified or

        reduced;

            (3) reforms are necessary to reestablish trust between the

        Federal Government and the people of the United States; and

            (4) classification should be limited to the minimum

        necessary to protect national security while balancing the

        public's interest in disclosure.

 

SEC. 714. CLASSIFICATION AUTHORITY.

 

    (a) In General.--The authority to classify information originally

may be exercised only by--

            (1) the President and, in the performance of executive

        duties, the Vice President;

            (2) the head of an agency or an official of any agency

        authorized by the President pursuant to a designation of such

        authority in the Federal Register; and

            (3) an official of the Federal Government to whom authority

        to classify information originally has been delegated pursuant

        to subsection (c).

    (b) Scope of Authority.--An individual authorized by this section

to classify information originally at a specified level may also

classify the information originally at a lower level.

    (c) Delegation of Original Classification Authority.--An official

of the Federal Government may be delegated original classification

authority subject to the following:

            (1) Delegation of original classification authority shall

        be limited to the minimum required to administer this section.

        Agency heads shall be responsible for ensuring that designated

        subordinate officials have a demonstrable and continuing need

        to exercise this authority.

            (2) Authority to originally classify information at the

        level designated as ``Top Secret'' may be delegated only by the

        President, in the performance of executive duties, the Vice

        President, or an agency head or official designated pursuant to

        subsection (a)(2).

            (3) Authority to originally classify information at the

        level designated as ``Secret'' or ``Confidential'' may be

        delegated only by the President, in the performance of

        executive duties, the Vice President, or an agency head or

        official designated pursuant to subsection (a)(2), or the

        senior agency official described in section 5.4(d) of Executive

        Order 13526 (50 U.S.C. 3161 note; relating to classified

        national security information), or successor order, provided

        that official has been delegated ``Top Secret'' original

        classification authority by the agency head.

            (4) Each delegation of original classification authority

        shall be in writing and the authority shall not be redelegated

        except as provided by paragraphs (1), (2), and (3). Each

        delegation shall identify the official by name or position

        title.

    (d) Training Required.--

            (1) In general.--An individual may not be delegated

        original classification authority under this section unless the

        individual has first received training described in paragraph

        (2).

            (2) Training described.--Training described in this

        paragraph is training on original classification that includes

        instruction on the proper safeguarding of classified

        information and of the criminal, civil, and administrative

        sanctions that may be brought against an individual who fails

        to protect classified information from unauthorized disclosure.

    (e) Exceptional Cases.--

            (1) In general.--When an employee, contractor, licensee,

        certificate holder, or grantee of an agency who does not have

        original classification authority originates information

        believed by that employee, contractor, licensee, certificate

        holder, or grantee to require classification, the information

        shall be protected in a manner consistent with Executive Order

        13526 (50 U.S.C. 3161 note; relating to classified national

        security information), or successor order.

            (2) Transmittal.--An employee, contractor, licensee,

        certificate holder, or grantee described in paragraph (1), who

        originates information described in such paragraph, shall

        promptly transmit such information to--

                    (A) the agency that has appropriate subject matter

                interest and classification authority with respect to

                this information; or

                    (B) if it is not clear which agency has appropriate

                subject matter interest and classification authority

                with respect to the information, the Director of the

                Information Security Oversight Office.

            (3) Agency decisions.--An agency that receives information

        pursuant to paragraph (2)(A) or (4) shall decide within 30 days

        whether to classify this information.

            (4) Information security oversight office action.--If the

        Director of the Information Security Oversight Office receives

        information under paragraph (2)(B), the Director shall

        determine the agency having appropriate subject matter interest

        and classification authority and forward the information, with

        appropriate recommendations, to that agency for a

        classification determination.

 

SEC. 715. PROMOTING EFFICIENT DECLASSIFICATION REVIEW.

 

    (a) In General.--Whenever an agency is processing a request

pursuant to section 552 of title 5, United States Code (commonly known

as the ``Freedom of Information Act'') or the mandatory

declassification review provisions of Executive Order 13526 (50 U.S.C.

3161 note; relating to classified national security information), or

successor order, and identifies responsive classified records that are

more than 25 years of age as of December 31 of the year in which the

request is received, the head of the agency shall review the record and

process the record for declassification and release by the National

Declassification Center of the National Archives and Records

Administration.

    (b) Application.--Subsection (a) shall apply--

            (1) regardless of whether or not the record described in

        such subsection is in the legal custody of the National

        Archives and Records Administration; and

            (2) without regard for any other provisions of law or

        existing agreements or practices between agencies.

 

SEC. 716. TRAINING TO PROMOTE SENSIBLE CLASSIFICATION.

 

    (a) Definitions.--In this section:

            (1) Over-classification.--The term ``over-classification''

        means classification at a level that exceeds the minimum level

        of classification that is sufficient to protect the national

        security of the United States.

            (2) Sensible classification.--The term ``sensible

        classification'' means classification at a level that is the

        minimum level of classification that is sufficient to protect

        the national security of the United States.

    (b) Training Required.--Each head of an agency with classification

authority shall conduct training for employees of the agency with

classification authority to discourage over-classification and to

promote sensible classification.

 

SEC. 717. IMPROVEMENTS TO PUBLIC INTEREST DECLASSIFICATION BOARD.

 

    Section 703 of the Public Interest Declassification Act of 2000 (50

U.S.C. 3355a) is amended--

            (1) in subsection (c), by adding at the end the following:

    ``(5) A member of the Board whose term has expired may continue to

serve until a successor is appointed and sworn in.''; and

            (2) in subsection (f)--

                    (A) by inserting ``(1)'' before ``Any employee'';

                and

                    (B) by adding at the end the following:

    ``(2)(A) In addition to any employees detailed to the Board under

paragraph (1), the Board may hire not more than 12 staff members.

    ``(B) There are authorized to be appropriated to carry out

subparagraph (A) such sums as are necessary for fiscal year 2024 and

each fiscal year thereafter.''.

 

SEC. 718. IMPLEMENTATION OF TECHNOLOGY FOR CLASSIFICATION AND

              DECLASSIFICATION.

 

    (a) In General.--Not later than 1 year after the date of the

enactment of this Act, the Administrator of the Office of Electronic

Government (in this section referred to as the ``Administrator'')

shall, in consultation with the Secretary of Defense, the Director of

the Central Intelligence Agency, the Director of National Intelligence,

the Public Interest Declassification Board, the Director of the

Information Security Oversight Office, and the head of the National

Declassification Center of the National Archives and Records

Administration--

            (1) research a technology-based solution--

                    (A) utilizing machine learning and artificial

                intelligence to support efficient and effective systems

                for classification and declassification; and

                    (B) to be implemented on an interoperable and

                federated basis across the Federal Government; and

            (2) submit to the President a recommendation regarding a

        technology-based solution described in paragraph (1) that

        should be adopted by the Federal Government.

    (b) Staff.--The Administrator may hire sufficient staff to carry

out subsection (a).

    (c) Report.--Not later than 540 days after the date of the

enactment of this Act, the President shall submit to Congress a

classified report on the technology-based solution recommended by the

Administrator under subsection (a)(2) and the President's decision

regarding its adoption.

 

SEC. 719. STUDIES AND RECOMMENDATIONS ON NECESSITY OF SECURITY

              CLEARANCES.

 

    (a) Agency Studies on Necessity of Security Clearances.--

            (1) Studies required.--The head of each agency that grants

        security clearances to personnel of such agency shall conduct a

        study on the necessity of such clearances.

            (2) Reports required.--

                    (A) In general.--Not later than 1 year after the

                date of the enactment of this Act, each head of an

                agency that conducts a study under paragraph (1) shall

                submit to Congress a report on the findings of the

                agency head with respect to such study, which the

                agency head may classify as appropriate.

                    (B) Required elements.--Each report submitted by

                the head of an agency under subparagraph (A) shall

                include, for such agency, the following:

                            (i) The number of personnel eligible for

                        access to information up to the ``Top Secret''

                        level.

                            (ii) The number of personnel eligible for

                        access to information up to the ``Secret''

                        level.

                            (iii) Information on any reduction in the

                        number of personnel eligible for access to

                        classified information based on the study

                        conducted under paragraph (1).

                            (iv) A description of how the agency head

                        will ensure that the number of security

                        clearances granted by such agency will be kept

                        to the minimum required for the conduct of

                        agency functions, commensurate with the size,

                        needs, and mission of the agency.

            (3) Industry.--This subsection shall apply to the Secretary

        of Defense in the Secretary's capacity as the Executive Agent

        for the National Industrial Security Program, and the Secretary

        shall treat contractors, licensees, and grantees as personnel

        of the Department of Defense for purposes of the studies and

        reports required by this subsection.

    (b) Director of National Intelligence Review of Sensitive

Compartmented Information.--The Director of National Intelligence

shall--

            (1) review the number of personnel eligible for access to

        sensitive compartmented information; and

            (2) submit to Congress a report on how the Director will

        ensure that the number of such personnel is limited to the

        minimum required.

    (c) Agency Review of Special Access Programs.--Each head of an

agency who is authorized to establish a special access program by

Executive Order 13526 (50 U.S.C. 3161 note; relating to classified

national security information), or successor order, shall--

            (1) review the number of personnel of the agency eligible

        for access to such special access programs; and

            (2) submit to Congress a report on how the agency head will

        ensure that the number of such personnel is limited to the

        minimum required.

    (d) Secretary of Energy Review of Q and L Clearances.--The

Secretary of Energy shall--

            (1) review the number of personnel of the Department of

        Energy granted Q and L access; and

            (2) submit to Congress a report on how the Secretary will

        ensure that the number of such personnel is limited to the

        minimum required

    (e) Independent Reviews.--Not later than 180 days after the date on

which a study is completed under subsection (a) or a review is

completed under subsections (b) through (d), the Director of the

Information Security Oversight Office of the National Archives and

Records Administration, the Director of National Intelligence, and the

Public Interest Declassification Board shall each review the study or

review, as the case may be.

 

          TITLE VIII--SECURITY CLEARANCE AND TRUSTED WORKFORCE

 

SEC. 801. REVIEW OF SHARED INFORMATION TECHNOLOGY SERVICES FOR

              PERSONNEL VETTING.

 

    (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 Subcommittee on

        Defense of the Committee on Appropriations of the Senate; and

            (3) the Committee on Armed Services and the Subcommittee on

        Defense of the Committee on Appropriations of the House of

        Representatives.

    (b) In General.--Not later than 1 year after the date of the

enactment of this Act, the Director of National Intelligence shall

submit to the appropriate committees of Congress a review of the extent

to which the intelligence community can use information technology

services shared among the intelligence community for purposes of

personnel vetting, including with respect to human resources,

suitability, and security.

 

SEC. 802. TIMELINESS STANDARD FOR RENDERING DETERMINATIONS OF TRUST FOR

              PERSONNEL VETTING.

 

    (a) Timeliness Standard.--

            (1) In general.--The President shall, acting through the

        Security Executive Agent and the Suitability and Credentialing

        Executive Agent, establish and publish in such public venue as

        the President considers appropriate, new timeliness performance

        standards for processing personnel vetting trust determinations

        in accordance with the Federal personnel vetting performance

        management standards.

            (2) Quinquennial reviews.--Not less frequently than once

        every 5 years, the President shall, acting through the Security

        Executive Agent and the Suitability and Credentialing Executive

        Agent--

                    (A) review the standards established pursuant to

                paragraph (1); and

                    (B) pursuant to such review--

                            (i) update such standards as the President

                        considers appropriate; and

                            (ii) publish in the Federal Register such

                        updates as may be made pursuant to clause (i).

            (3) Conforming amendment.--Section 3001 of the Intelligence

        Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341) is

        amended by striking subsection (g).

    (b) Quarterly Reports on Implementation.--

            (1) In general.--Not less frequently than quarterly, the

        Security Executive Agent and the Suitability and Credentialing

        Executive Agent shall jointly make available to the public a

        quarterly report on the compliance of Executive agencies (as

        defined in section 105 of title 5, United States Code) with the

        standards established pursuant to subsection (a).

            (2) Disaggregation.--Each report made available pursuant to

        paragraph (1) shall disaggregate, to the greatest extent

        practicable, data by appropriate category of personnel risk and

        between Government and contractor personnel.

    (c) Complementary Standards for Intelligence Community.--The

Director of National Intelligence may, in consultation with the

Security, Suitability, and Credentialing Performance Accountability

Council established pursuant to Executive Order 13467 (50 U.S.C. 3161

note; relating to reforming processes related to suitability for

Government employment, fitness for contractor employees, and

eligibility for access to classified national security information)

establish for the intelligence community standards complementary to

those established pursuant to subsection (a).

 

SEC. 803. ANNUAL REPORT ON PERSONNEL VETTING TRUST DETERMINATIONS.

 

    (a) Definition of Personnel Vetting Trust Determination.--In this

section, the term ``personnel vetting trust determination'' means any

determination made by an executive branch agency as to whether an

individual can be trusted to perform job functions or to be granted

access necessary for a position.

    (b) Annual Report.--Not later than March 30, 2024, and annually

thereafter for 5 years, the Director of National Intelligence, acting

as the Security Executive Agent, and the Director of the Office of

Personnel Management, acting as the Suitability and Credentialing

Executive Agent, in coordination with the Security, Suitability, and

Credentialing Performance Accountability Council, shall jointly make

available to the public a report on specific types of personnel vetting

trust determinations made during the fiscal year preceding the fiscal

year in which the report is made available, disaggregated, to the

greatest extent possible, by the following:

            (1) Determinations of eligibility for national security-

        sensitive positions, separately noting--

                    (A) the number of individuals granted access to

                national security information; and

                    (B) the number of individuals determined to be

                eligible for but not granted access to national

                security information.

            (2) Determinations of suitability or fitness for a public

        trust position.

            (3) Status as a Government employee, a contractor employee,

        or other category.

    (c) Elimination of Report Requirement.--Section 3001 of the

Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C.

3341) is amended by striking subsection (h).

 

SEC. 804. SURVEY TO ASSESS STRENGTHS AND WEAKNESSES OF TRUSTED

              WORKFORCE 2.0.

 

    Not later than 1 year after the date of the enactment of this Act,

and once every 2 years thereafter until 2029, the Comptroller General

of the United States shall administer a survey to such sample of

Federal agencies, Federal contractors, and other persons that require

security clearances to access classified information as the Comptroller

General considers appropriate to assess--

            (1) the strengths and weaknesses of the implementation of

        the Trusted Workforce 2.0 initiative; and

            (2) the effectiveness of vetting Federal personnel while

        managing risk during the onboarding of such personnel.

 

SEC. 805. PROHIBITION ON DENIAL OF ELIGIBILITY FOR ACCESS TO CLASSIFIED

              INFORMATION SOLELY BECAUSE OF PAST USE OF CANNABIS.

 

    (a) Definitions.--In this section:

            (1) Cannabis.--The term ``cannabis'' has the meaning given

        the term ``marihuana'' in section 102 of the Controlled

        Substances Act (21 U.S.C. 802).

            (2) Eligibility for access to classified information.--The

        term ``eligibility for access to classified information'' has

        the meaning given the term in the procedures established

        pursuant to section 801(a) of the National Security Act of 1947

        (50 U.S.C. 3161(a)).

    (b) Prohibition.--Notwithstanding any other provision of law, the

head of an element of the intelligence community may not make a

determination to deny eligibility for access to classified information

to an individual based solely on the use of cannabis by the individual

prior to the submission of the application for a security clearance by

the individual.

 

                  TITLE IX--ANOMALOUS HEALTH INCIDENTS

 

SEC. 901. IMPROVED FUNDING FLEXIBILITY FOR PAYMENTS MADE BY THE CENTRAL

              INTELLIGENCE AGENCY FOR QUALIFYING INJURIES TO THE BRAIN.

 

    Section 19A(d) of the Central Intelligence Agency Act of 1949 (50

U.S.C. 3519b(d)) is amended by striking paragraph (3) and inserting the

following new paragraph:

            ``(3) Funding.--

                    ``(A) In general.--Payment under paragraph (2) in a

                fiscal year may be made using any funds--

                            ``(i) appropriated in advance specifically

                        for payments under such paragraph; or

                            ``(ii) reprogrammed in accordance with

                        section 504 of the National Security Act of

                        1947 (50 U.S.C. 3094).

                    ``(B) Budget.--For each fiscal year, the Director

                shall include with the budget justification materials

                submitted to Congress in support of the budget of the

                President for that fiscal year pursuant to section

                1105(a) of title 31, United States Code, an estimate of

                the funds required in that fiscal year to make payments

                under paragraph (2).''.

 

SEC. 902. CLARIFICATION OF REQUIREMENTS TO SEEK CERTAIN BENEFITS

              RELATING TO INJURIES TO THE BRAIN.

 

    (a) In General.--Section 19A(d)(5) of the Central Intelligence

Agency Act of 1949 (50 U.S.C. 3519b(d)(5)) is amended--

            (1) by striking ``Payments made'' and inserting the

        following:

                    ``(A) In general.--Payments made''; and

            (2) by adding at the end the following:

                    ``(B) Relation to certain federal workers

                compensation laws.--Without regard to the requirements

                in sections (b) and (c), covered employees need not

                first seek benefits provided under chapter 81 of title

                5, United States Code, to be eligible solely for

                payment authorized under paragraph (2) of this

                subsection.''.

    (b) Regulations.--Not later than 90 days after the date of the

enactment of this Act, the Director of the Central Intelligence Agency

shall--

            (1) revise applicable regulations to conform with the

        amendment made by subsection (a); and

            (2) submit to the congressional intelligence committees,

        the Subcommittee on Defense of the Committee on Appropriations

        of the Senate, and the Subcommittee on Defense of the Committee

        on Appropriations of the House of Representatives copies of

        such regulations, as revised pursuant to paragraph (1).

 

SEC. 903. INTELLIGENCE COMMUNITY IMPLEMENTATION OF HAVANA ACT OF 2021

              AUTHORITIES.

 

    (a) Regulations.--Except as provided in subsection (c), not later

than 180 days after the date of the enactment of this Act, each head of

an element of the intelligence community that has not already done so

shall--

            (1) issue regulations and procedures to implement the

        authorities provided by section 19A(d) of the Central

        Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)) and

        section 901(i) of title IX of division J of the Further

        Consolidated Appropriations Act, 2020 (22 U.S.C. 2680b(i)) to

        provide payments under such sections, to the degree that such

        authorities are applicable to the head of the element; and

            (2) submit to the congressional intelligence, the

        Subcommittee on Defense of the Committee on Appropriations of

        the Senate, and the Subcommittee on Defense of the Committee on

        Appropriations of the House of Representatives committees

        copies of such regulations.

    (b) Reporting.--Not later than 210 days after the date of the

enactment of this Act, each head of an element of the intelligence

community shall submit to the congressional intelligence committees,

the Subcommittee on Defense of the Committee on Appropriations of the

Senate, and the Subcommittee on Defense of the Committee on

Appropriations of the House of Representatives a report on--

            (1) the estimated number of individuals associated with

        their element that may be eligible for payment under the

        authorities described in subsection (a)(1);

            (2) an estimate of the obligation that the head of the

        intelligence community element expects to incur in fiscal year

        2025 as a result of establishing the regulations pursuant to

        subsection (a)(1); and

            (3) any perceived barriers or concerns in implementing such

        authorities.

    (c) Alternative Reporting.--Not later than 180 days after the date

of the enactment of this Act, each head of an element of the

intelligence community (other than the Director of the Central

Intelligence Agency) who believes that the authorities described in

subsection (a)(1) are not currently relevant for individuals associated

with their element, or who are not otherwise in position to issue the

regulations and procedures required by subsection (a)(1) shall provide

written and detailed justification to the congressional intelligence

committees, the Subcommittee on Defense of the Committee on

Appropriations of the Senate, and the Subcommittee on Defense of the

Committee on Appropriations of the House of Representatives to explain

this position.

 

SEC. 904. REPORT AND BRIEFING ON CENTRAL INTELLIGENCE AGENCY HANDLING

              OF ANOMALOUS HEALTH INCIDENTS.

 

    (a) Definitions.--In this section:

            (1) Agency.--The term ``Agency'' means the Central

        Intelligence Agency.

            (2) Qualifying injury.--The term ``qualifying injury'' has

        the meaning given such term in section 19A(d)(1) of the Central

        Intelligence Agency Act of 1949 (50 U.S.C. 3519b(d)(1)).

    (b) In General.--Not later than 60 days after the date of the

enactment of this Act, the Director of the Central Intelligence Agency

shall submit to the congressional intelligence committees a report on

the handling of anomalous health incidents by the Agency.

    (c) Contents.--The report required by subsection (b) shall include

the following:

            (1) HAVANA act implementation.--

                    (A) An explanation of how the Agency determines

                whether a reported anomalous health incident resulted

                in a qualifying injury or a qualifying injury to the

                brain.

                    (B) The number of participants of the Expanded Care

                Program of the Central Intelligence Agency who--

                            (i) have a certified qualifying injury or a

                        certified qualifying injury to the brain; and

                            (ii) as of September 30, 2023, applied to

                        the Expanded Care Program due to a reported

                        anomalous health incident.

                    (C) A comparison of the number of anomalous health

                incidents reported by applicants to the Expanded Care

                Program that occurred in the United States and that

                occurred in a foreign country.

                    (D) The specific reason each applicant was approved

                or denied for payment under the Expanded Care Program.

                    (E) The number of applicants who were initially

                denied payment but were later approved on appeal.

                    (F) The average length of time, from the time of

                application, for an applicant to receive a

                determination from the Expanded Care Program,

                aggregated by qualifying injuries and qualifying

                injuries to the brain.

            (2) Priority cases.--

                    (A) A detailed list of priority cases of anomalous

                health incidents, including, for each incident,

                locations, dates, times, and circumstances.

                    (B) For each priority case listed in accordance

                with subparagraph (A), a detailed explanation of each

                credible alternative explanation that the Agency

                assigned to the incident, including--

                            (i) how the incident was discovered;

                            (ii) how the incident was assigned within

                        the Agency; and

                            (iii) whether an individual affected by the

                        incident is provided an opportunity to appeal

                        the credible alternative explanation.

                    (C) For each priority case of an anomalous health

                incident determined to be largely consistent with the

                definition of ``anomalous health incident'' established

                by the National Academy of Sciences and for which the

                Agency does not have a credible alternative

                explanation, a detailed description of such case.

            (3) Anomalous health incident sensors.--

                    (A) A list of all types of sensors that the Agency

                has developed or deployed with respect to reports of

                anomalous health incidents, including, for each type of

                sensor, the deployment location, the date and the

                duration of the employment of such type of sensor, and,

                if applicable, the reason for removal.

                    (B) A list of entities to which the Agency has

                provided unrestricted access to data associated with

                anomalous health incidents.

                    (C) A list of requests for support the Agency has

                received from elements of the Federal Government

                regarding sensor development, testing, or deployment,

                and a description of the support provided in each case.

                    (D) A description of all emitter signatures

                obtained by sensors associated with anomalous health

                incidents in Agency holdings since 2016, including--

                            (i) the identification of any of such

                        emitters that the Agency prioritizes as a

                        threat; and

                            (ii) an explanation of such prioritization.

    (d) Additional Submissions.--Concurrent with the submission of the

report required by subsection (b), the Director of the Central

Intelligence Agency shall submit to the congressional intelligence

committees, the Subcommittee on Defense of the Committee on

Appropriations of the Senate, and the Subcommittee on Defense of the

Committee on Appropriations of the House of Representatives--

            (1) a template of each form required to apply for the

        Expanded Care Program, including with respect to payments for a

        qualifying injury or a qualifying injury to the brain;

            (2) copies of internal guidance used by the Agency to

        adjudicate claims for the Expanded Care Program, including with

        respect to payments for a qualifying injury to the brain;

            (3) the case file of each applicant to the Expanded Care

        Program who applied due to a reported anomalous health

        incident, including supporting medical documentation, with name

        and other identifying information redacted;

            (4) copies of all informational and instructional materials

        provided to employees of and other individuals affiliated with

        the Agency with respect to applying for the Expanded Care

        Program; and

            (5) copies of Agency guidance provided to employees of and

        other individuals affiliated with the Agency with respect to

        reporting and responding to a suspected anomalous health

        incident, and the roles and responsibilities of each element of

        the Agency tasked with responding to a report of an anomalous

        health incident.

    (e) Briefing.--Not later than 90 days after the date of the

enactment of this Act, the Director of the Central Intelligence Agency

shall brief the congressional intelligence committees, the Subcommittee

on Defense of the Committee on Appropriations of the Senate, and the

Subcommittee on Defense of the Committee on Appropriations of the House

of Representatives on the report.

 

                       TITLE X--ELECTION SECURITY

 

SEC. 1001. STRENGTHENING ELECTION CYBERSECURITY TO UPHOLD RESPECT FOR

              ELECTIONS THROUGH INDEPENDENT TESTING ACT OF 2023.

 

    (a) Requiring Penetration Testing as Part of the Testing and

Certification of Voting Systems.--Section 231 of the Help America Vote

Act of 2002 (52 U.S.C. 20971) is amended by adding at the end the

following new subsection:

    ``(e) Required Penetration Testing.--

            ``(1) In general.--Not later than 180 days after the date

        of the enactment of this subsection, the Commission shall

        provide for the conduct of penetration testing as part of the

        testing, certification, decertification, and recertification of

        voting system hardware and software by accredited laboratories

        under this section.

            ``(2) Accreditation.--The Director of the National

        Institute of Standards and Technology shall recommend to the

        Commission entities the Director proposes be accredited to

        carry out penetration testing under this subsection and certify

        compliance with the penetration testing-related guidelines

        required by this subsection. The Commission shall vote on the

        accreditation of any entity recommended. The requirements for

        such accreditation shall be a subset of the requirements for

        accreditation of laboratories under subsection (b) and shall

        only be based on consideration of an entity's competence to

        conduct penetration testing under this subsection.''.

    (b) Independent Security Testing and Coordinated Cybersecurity

Vulnerability Disclosure Program for Election Systems.--

            (1) In general.--Subtitle D of title II of the Help America

        Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by adding

        at the end the following new part:

 

 ``PART 7--INDEPENDENT SECURITY TESTING AND COORDINATED CYBERSECURITY

      VULNERABILITY DISCLOSURE PILOT PROGRAM FOR ELECTION SYSTEMS

 

``SEC. 297. INDEPENDENT SECURITY TESTING AND COORDINATED CYBERSECURITY

              VULNERABILITY DISCLOSURE PILOT PROGRAM FOR ELECTION

              SYSTEMS.

 

    ``(a) In General.--

            ``(1) Establishment.--The Commission, in consultation with

        the Secretary, shall establish an Independent Security Testing

        and Coordinated Vulnerability Disclosure Pilot Program for

        Election Systems (VDP-E) (in this section referred to as the

        `program') in order to test for and disclose cybersecurity

        vulnerabilities in election systems.

            ``(2) Duration.--The program shall be conducted for a

        period of 5 years.

            ``(3) Requirements.--In carrying out the program, the

        Commission, in consultation with the Secretary, shall--

                    ``(A) establish a mechanism by which an election

                systems vendor may make their election system

                (including voting machines and source code) available

                to cybersecurity researchers participating in the

                program;

                    ``(B) provide for the vetting of cybersecurity

                researchers prior to their participation in the

                program, including the conduct of background checks;

                    ``(C) establish terms of participation that--

                            ``(i) describe the scope of testing

                        permitted under the program;

                            ``(ii) require researchers to--

                                    ``(I) notify the vendor, the

                                Commission, and the Secretary of any

                                cybersecurity vulnerability they

                                identify with respect to an election

                                system; and

                                    ``(II) otherwise keep such

                                vulnerability confidential for 180 days

                                after such notification;

                            ``(iii) require the good faith

                        participation of all participants in the

                        program;

                            ``(iv) require an election system vendor,

                        within 180 days after validating notification

                        of a critical or high vulnerability (as defined

                        by the National Institute of Standards and

                        Technology) in an election system of the

                        vendor, to--

                                    ``(I) send a patch or propound some

                                other fix or mitigation for such

                                vulnerability to the appropriate State

                                and local election officials, in

                                consultation with the researcher who

                                discovered it; and

                                    ``(II) notify the Commission and

                                the Secretary that such patch has been

                                sent to such officials;

                    ``(D) in the case where a patch or fix to address a

                vulnerability disclosed under subparagraph (C)(ii)(I)

                is intended to be applied to a system certified by the

                Commission, provide--

                            ``(i) for the expedited review of such

                        patch or fix within 90 days after receipt by

                        the Commission; and

                            ``(ii) if such review is not completed by

                        the last day of such 90 day period, that such

                        patch or fix shall be deemed to be certified by

                        the Commission, subject to any subsequent

                        review of such determination by the Commission;

                        and

                    ``(E) 180 days after the disclosure of a

                vulnerability under subparagraph (C)(ii)(I), notify the

                Director of the Cybersecurity and Infrastructure

                Security Agency of the vulnerability for inclusion in

                the database of Common Vulnerabilities and Exposures.

            ``(4) Voluntary participation; safe harbor.--

                    ``(A) Voluntary participation.--Participation in

                the program shall be voluntary for election systems

                vendors and researchers.

                    ``(B) Safe harbor.--When conducting research under

                this program, such research and subsequent publication

                shall be considered to be:

                            ``(i) Authorized in accordance with section

                        1030 of title 18, United States Code (commonly

                        known as the `Computer Fraud and Abuse Act'),

                        (and similar state laws), and the election

                        system vendor will not initiate or support

                        legal action against the researcher for

                        accidental, good faith violations of the

                        program.

                            ``(ii) Exempt from the anti-circumvention

                        rule of section 1201 of title 17, United States

                        Code (commonly known as the `Digital Millennium

                        Copyright Act'), and the election system vendor

                        will not bring a claim against a researcher for

                        circumvention of technology controls.

                    ``(C) Rule of construction.--Nothing in this

                paragraph may be construed to limit or otherwise affect

                any exception to the general prohibition against the

                circumvention of technological measures under

                subparagraph (A) of section 1201(a)(1) of title 17,

                United States Code, including with respect to any use

                that is excepted from that general prohibition by the

                Librarian of Congress under subparagraphs (B) through

                (D) of such section 1201(a)(1).

            ``(5) Exempt from disclosure.--Cybersecurity

        vulnerabilities discovered under the program shall be exempt

        from section 552 of title 5, United States Code (commonly

        referred to as the Freedom of Information Act).

            ``(6) Definitions.--In this subsection:

                    ``(A) Cybersecurity vulnerability.--The term

                `cybersecurity vulnerability' means, with respect to an

                election system, any security vulnerability that

                affects the election system.

                    ``(B) Election infrastructure.--The term `election

                infrastructure' means--

                            ``(i) storage facilities, polling places,

                        and centralized vote tabulation locations used

                        to support the administration of elections for

                        public office; and

                            ``(ii) related information and

                        communications technology, including--

                                    ``(I) voter registration databases;

                                    ``(II) election management systems;

                                    ``(III) voting machines;

                                    ``(IV) electronic mail and other

                                communications systems (including

                                electronic mail and other systems of

                                vendors who have entered into contracts

                                with election agencies to support the

                                administration of elections, manage the

                                election process, and report and

                                display election results); and

                                    ``(V) other systems used to manage

                                the election process and to report and

                                display election results on behalf of

                                an election agency.

                    ``(C) Election system.--The term `election system'

                means any information system that is part of an

                election infrastructure, including any related

                information and communications technology described in

                subparagraph (B)(ii).

                    ``(D) Election system vendor.--The term `election

                system vendor' means any person providing, supporting,

                or maintaining an election system on behalf of a State

                or local election official.

                    ``(E) Information system.--The term `information

                system' has the meaning given the term in section 3502

                of title 44, United States Code.

                    ``(F) Secretary.--The term `Secretary' means the

                Secretary of Homeland Security.

                    ``(G) Security vulnerability.--The term `security

                vulnerability' has the meaning given the term in

                section 102 of the Cybersecurity Information Sharing

                Act of 2015 (6 U.S.C. 1501).''.

            (2) Clerical amendment.--The table of contents of such Act

        is amended by adding at the end of the items relating to

        subtitle D of title II the following:

 

 ``PART 7--Independent Security Testing and Coordinated Cybersecurity

         Vulnerability Disclosure Program for Election Systems

 

``Sec. 297. Independent security testing and coordinated cybersecurity

                            vulnerability disclosure program for

                            election systems.''.

 

                        TITLE XI--OTHER MATTERS

 

SEC. 1101. MODIFICATION OF REPORTING REQUIREMENT FOR ALL-DOMAIN ANOMALY

              RESOLUTION OFFICE.

 

    Section 1683(k)(1) of the National Defense Authorization Act for

Fiscal Year 2022 (50 U.S.C. 3373(k)(1)), as amended by section 6802(a)

of the Intelligence Authorization Act for Fiscal Year 2023 (Public Law

117-263), is amended--

            (1) in the heading, by striking ``Director of national

        intelligence and secretary of defense'' and inserting ``All-

        domain anomaly resolution office''; and

            (2) in subparagraph (A), by striking ``Director of National

        Intelligence and the Secretary of Defense shall jointly'' and

        inserting ``Director of the Office shall''.

 

SEC. 1102. FUNDING LIMITATIONS RELATING TO UNIDENTIFIED ANOMALOUS

              PHENOMENA.

 

    (a) Definitions.--In this section:

            (1) Appropriate committees of congress.--The term

        ``appropriate committees of Congress'' means--

                    (A) the Select Committee on Intelligence, the

                Committee on Armed Services, and the Committee on

                Appropriations of the Senate; and

                    (B) the Permanent Select Committee on Intelligence,

                the Committee on Armed Services, and the Committee on

                Appropriations of the House of Representatives.

            (2) Congressional leadership.--The term ``congressional

        leadership'' means--

                    (A) the majority leader of the Senate;

                    (B) the minority leader of the Senate;

                    (C) the Speaker of the House of Representatives;

                and

                    (D) the minority leader of the House of

                Representatives.

            (3) Director.--The term ``Director'' means the Director of

        the All-domain Anomaly Resolution Office.

            (4) Unidentified anomalous phenomena.--The term

        ``unidentified anomalous phenomena'' has the meaning given such

        term in section 1683(n) of the National Defense Authorization

        Act for Fiscal Year 2022 (50 U.S.C. 3373(n)), as amended by

        section 6802(a) of the Intelligence Authorization Act for

        Fiscal Year 2023 (Public Law 117-263).

    (b) Sense of Congress.--It is the sense of Congress that, due to

the increasing potential for technology surprise from foreign

adversaries and to ensure sufficient integration across the United

States industrial base and avoid technology and security stovepipes--

            (1) the United States industrial base must retain its

        global lead in critical advanced technologies; and

            (2) the Federal Government must expand awareness about any

        historical exotic technology antecedents previously provided by

        the Federal Government for research and development purposes.

    (c) Limitations.--No amount authorized to be appropriated by this

Act may be obligated or expended, directly or indirectly, in part or in

whole, for, on, in relation to, or in support of activities involving

unidentified anomalous phenomena protected under any form of special

access or restricted access limitations that have not been formally,

officially, explicitly, and specifically described, explained, and

justified to the appropriate committees of Congress, congressional

leadership, and the Director, including for any activities relating to

the following:

            (1) Recruiting, employing, training, equipping, and

        operations of, and providing security for, government or

        contractor personnel with a primary, secondary, or contingency

        mission of capturing, recovering, and securing unidentified

        anomalous phenomena craft or pieces and components of such

        craft.

            (2) Analyzing such craft or pieces or components thereof,

        including for the purpose of determining properties, material

        composition, method of manufacture, origin, characteristics,

        usage and application, performance, operational modalities, or

        reverse engineering of such craft or component technology.

            (3) Managing and providing security for protecting

        activities and information relating to unidentified anomalous

        phenomena from disclosure or compromise.

            (4) Actions relating to reverse engineering or replicating

        unidentified anomalous phenomena technology or performance

        based on analysis of materials or sensor and observational

        information associated with unidentified anomalous phenomena.

            (5) The development of propulsion technology, or aerospace

        craft that uses propulsion technology, systems, or subsystems,

        that is based on or derived from or inspired by inspection,

        analysis, or reverse engineering of recovered unidentified

        anomalous phenomena craft or materials.

            (6) Any aerospace craft that uses propulsion technology

        other than chemical propellants, solar power, or electric ion

        thrust.

    (d) Notification and Reporting.--Any person currently or formerly

under contract with the Federal Government that has in their possession

material or information provided by or derived from the Federal

Government relating to unidentified anomalous phenomena that formerly

or currently is protected by any form of special access or restricted

access shall--

            (1) not later than 60 days after the date of the enactment

        of this Act, notify the Director of such possession; and

            (2) not later than 180 days after the date of the enactment

        of this Act, make available to the Director for assessment,

        analysis, and inspection--

                    (A) all such material and information; and

                    (B) a comprehensive list of all non-earth origin or

                exotic unidentified anomalous phenomena material.

    (e) Liability.--No criminal or civil action may lie or be

maintained in any Federal or State court against any person for

receiving material or information described in subsection (d) if that

person complies with the notification and reporting provisions

described in such subsection.

    (f) Limitation Regarding Independent Research and Development.--

            (1) In general.--Consistent with Department of Defense

        Instruction Number 3204.01 (dated August 20, 2014,

        incorporating change 2, dated July 9, 2020; relating to

        Department policy for oversight of independent research and

        development), independent research and development funding

        relating to material or information described in subsection (c)

        shall not be allowable as indirect expenses for purposes of

        contracts covered by such instruction, unless such material and

        information is made available to the Director in accordance

        with subsection (d).

            (2) Effective date and applicability.--Paragraph (1) shall

        take effect on the date that is 60 days after the date of the

        enactment of this Act and shall apply with respect to funding

        from amounts appropriated before, on, or after such date.

    (g) Notice to Congress.--Not later than 30 days after the date on

which the Director has received a notification under paragraph (1) of

subsection (d) or information or material under paragraph (2) of such

subsection, the Director shall provide written notification of such

receipt to the appropriate committees of Congress, the Committee on

Homeland Security and Governmental Affairs of the Senate, the Committee

on Oversight and Accountability of the House of Representatives, and

congressional leadership.

 

            Passed the Senate July 27, 2023.