HR 5167 — Intelligence Authorization Act for Fiscal Year 2026

changes in existing law made 
by the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 NATIONAL SECURITY ACT OF 1947

 * * * * * * *
 
 DEFINITIONS

 Sec. 3. As used in this Act:
 (1) The term ``intelligence'' includes foreign 
 intelligence and counterintelligence.
 (2) The term ``foreign intelligence'' means 
 information relating to the capabilities, intentions, 
 or activities of foreign governments or elements 
 thereof, foreign organizations, or foreign persons, or 
 international terrorist activities.
 (3) The term ``counterintelligence'' means 
 information gathered, and activities conducted, to 
 deter, disrupt, investigate, exploit, or protect 
 against espionage, other intelligence activities, 
 sabotage, or assassinations conducted by or on behalf 
 of foreign governments or elements thereof, foreign 
 organizations, or foreign persons, or international 
 terrorist activities.
 (4) The term ``intelligence community'' includes the 
 following:
 (A) The Office of the Director of National 
 Intelligence.
 (B) The Central Intelligence Agency.
 (C) The National Security Agency.
 (D) The Defense Intelligence Agency.
 (E) The National Geospatial-Intelligence 
 Agency.
 (F) The National Reconnaissance Office.
 (G) Other offices within the Department of 
 Defense for the collection of national 
 intelligence through reconnaissance programs.
 (H) The intelligence elements of the Army, 
 the Navy, the Air Force, the Marine Corps, the 
 Space Force, the Coast Guard, the Federal 
 Bureau of Investigation, the Drug Enforcement 
 Administration, and the Department of Energy.
 (I) The Bureau of Intelligence and Research 
 of the Department of State.
 (J) The Office of Intelligence and Analysis 
 of the Department of the Treasury.
 (K) The Office of Intelligence and Analysis 
 of the Department of Homeland Security.
 (L) Such other elements of any department or 
 agency as may be designated by the President, 
 or designated jointly by the Director of 
 National Intelligence and the head of the 
 department or agency concerned, as an element 
 of the intelligence community.
 (5) The terms ``national intelligence'' and 
 ``intelligence related to national security'' refer to 
 all intelligence, regardless of the source from which 
 derived and including information gathered within or 
 outside the United States, that--
 (A) pertains, as determined consistent with 
 any guidance issued by the President, to more 
 than one United States Government agency; and
 (B) that involves--
 (i) threats to the United States, its 
 people, property, or interests;
 (ii) the development, proliferation, 
 or use of weapons of mass destruction; 
 or
 (iii) any other matter bearing on 
 United States national or homeland 
 security.
 (6) The term ``National Intelligence Program'' refers 
 to all programs, projects, and activities of the 
 intelligence community, as well as any other programs 
 of the intelligence community designated jointly by the 
 Director of National Intelligence and the head of a 
 United States department or agency or by the President. 
 Such term does not include programs, projects, or 
 activities of the military departments to acquire 
 intelligence solely for the planning and conduct of 
 tactical military operations by United States Armed 
 Forces.
 (7) The term ``congressional intelligence 
 committees'' means--
 (A) the Select Committee on Intelligence of 
 the Senate; and
 (B) the Permanent Select Committee on 
 Intelligence of the House of Representatives.

 TITLE I--COORDINATION FOR NATIONAL SECURITY

SEC. 101. NATIONAL SECURITY COUNCIL.

 (a) National Security Council.--There is a council known as 
the National Security Council (in this section referred to as 
the ``Council'').
 (b) Functions.--Consistent with the direction of the 
President, the functions of the Council shall be to--
 (1) advise the President with respect to the 
 integration of domestic, foreign, and military policies 
 relating to the national security so as to enable the 
 Armed Forces and the other departments and agencies of 
 the United States Government to cooperate more 
 effectively in matters involving the national security;
 (2) assess and appraise the objectives, commitments, 
 and risks of the United States in relation to the 
 actual and potential military power of the United 
 States, and make recommendations thereon to the 
 President;
 (3) make recommendations to the President concerning 
 policies on matters of common interest to the 
 departments and agencies of the United States 
 Government concerned with the national security; and
 (4) coordinate, without assuming operational 
 authority, the United States Government response to 
 malign foreign influence operations and campaigns.
 (c) Membership.--
 (1) In general.--The Council consists of the 
 President, the Vice President, the Secretary of State, 
 the Secretary of Defense, the Secretary of Energy, the 
 Secretary of the Treasury, the Director of the Office 
 of Pandemic Preparedness and Response Policy and such 
 other officers of the United States Government as the 
 President may designate.
 (2) Attendance and participation in meetings.--The 
 President may designate such other officers of the 
 United States Government as the President considers 
 appropriate, including the Director of National 
 Intelligence, the Director of National Drug Control 
 Policy, the Chairman of the Joint Chiefs of Staff, [and 
 the National Cyber Director] the National Cyber 
 Director, and the Director of the National 
 Counterintelligence Center, to attend and participate 
 in meetings of the Council.
 (d) Presiding Officers.--At meetings of the Council, the 
President shall preside or, in the absence of the President, a 
member of the Council designated by the President shall 
preside.
 (e) Staff.--
 (1) In general.--The Council shall have a staff 
 headed by a civilian executive secretary appointed by 
 the President.
 (2) Staff.--Consistent with the direction of the 
 President and subject to paragraph (3), the executive 
 secretary may, subject to the civil service laws and 
 chapter 51 and subchapter III of chapter 53 of title 5, 
 United States Code, appoint and fix the compensation of 
 such personnel as may be necessary to perform such 
 duties as may be prescribed by the President in 
 connection with performance of the functions of the 
 Council.
 (3) Number of professional staff.--The professional 
 staff for which this subsection provides shall not 
 exceed 200 persons, including persons employed by, 
 assigned to, detailed to, under contract to serve on, 
 or otherwise serving or affiliated with the staff. The 
 limitation in this paragraph does not apply to 
 personnel serving substantially in support or 
 administrative positions.
 (f) Special Advisor to the President on International 
Religious Freedom.--It is the sense of Congress that there 
should be within the staff of the Council a Special Adviser to 
the President on International Religious Freedom, whose 
position should be comparable to that of a director within the 
Executive Office of the President. The Special Adviser should 
serve as a resource for executive branch officials, compiling 
and maintaining information on the facts and circumstances of 
violations of religious freedom (as defined in section 3 of the 
International Religious Freedom Act of 1998 (22 U.S.C. 6402)), 
and making policy recommendations. The Special Adviser should 
serve as liaison with the Ambassador at Large for International 
Religious Freedom, the United States Commission on 
International Religious Freedom, Congress and, as advisable, 
religious nongovernmental organizations.
 (g) Coordinator for Combating Malign Foreign Influence 
Operations and Campaigns.--
 (1) In general.--The President shall designate an 
 employee of the National Security Council to be 
 responsible for the coordination of the interagency 
 process for combating malign foreign influence 
 operations and campaigns.
 (2) Congressional briefing.--
 (A) In general.--Not less frequently than 
 twice each year, the employee designated under 
 this subsection, or the employee's designee, 
 shall provide to the congressional committees 
 specified in subparagraph (B) a briefing on the 
 responsibilities and activities of the employee 
 designated under this subsection.
 (B) Committees specified.--The congressional 
 committees specified in this subparagraph are 
 the following:
 (i) The Committees on Armed Services, 
 Foreign Affairs, and Oversight and 
 Government Reform, and the Permanent 
 Select Committee on Intelligence of the 
 House of Representatives.
 (ii) The Committees on Armed 
 Services, Foreign Relations, and 
 Homeland Security and Governmental 
 Affairs, and the Select Committee on 
 Intelligence of the Senate.
 (h) Definition of Malign Foreign Influence Operations and 
Campaigns.--In this section, the term ``malign foreign 
influence operations and campaigns'' means the coordinated, 
direct or indirect application of national diplomatic, 
informational, military, economic, business, corruption, 
educational, and other capabilities by hostile foreign powers 
to affect attitudes, behaviors, decisions, or outcomes within 
the United States.

 * * * * * * *

 responsibilities and authorities of the director of national 
 intelligence

 Sec. 102A. (a) Provision of Intelligence.--(1) The Director 
of National Intelligence shall be responsible for ensuring that 
national intelligence is provided--
 (A) to the President;
 (B) to the heads of departments and agencies of the 
 executive branch;
 (C) to the Chairman of the Joint Chiefs of Staff and 
 senior military commanders;
 (D) to the Senate and House of Representatives and 
 the committees thereof; and
 (E) to such other persons as the Director of National 
 Intelligence determines to be appropriate.
 (2) Such national intelligence should be timely, objective, 
independent of political considerations, and based upon all 
sources available to the intelligence community and other 
appropriate entities.
 (b) Access to Intelligence.--Unless otherwise directed by the 
President, the Director of National Intelligence shall have 
access to all national intelligence and intelligence related to 
the national security which is collected by any Federal 
department, agency, or other entity, except as otherwise 
provided by law or, as appropriate, under guidelines agreed 
upon by the Attorney General and the Director of National 
Intelligence.
 (c) Budget Authorities.--(1) With respect to budget requests 
and appropriations for the National Intelligence Program, the 
Director of National Intelligence shall--
 (A) based on intelligence priorities set by the 
 President, provide to the heads of departments 
 containing agencies or organizations within the 
 intelligence community, and to the heads of such 
 agencies and organizations, guidance for developing the 
 National Intelligence Program budget pertaining to such 
 agencies and organizations;
 (B) based on budget proposals provided to the 
 Director of National Intelligence by the heads of 
 agencies and organizations within the intelligence 
 community and the heads of their respective departments 
 and, as appropriate, after obtaining the advice of the 
 Joint Intelligence Community Council, develop and 
 determine an annual consolidated National Intelligence 
 Program budget; and
 (C) present such consolidated National Intelligence 
 Program budget, together with any comments from the 
 heads of departments containing agencies or 
 organizations within the intelligence community, to the 
 President for approval.
 (2) In addition to the information provided under paragraph 
(1)(B), the heads of agencies and organizations within the 
intelligence community shall provide the Director of National 
Intelligence such other information as the Director shall 
request for the purpose of determining the annual consolidated 
National Intelligence Program budget under that paragraph.
 (3)(A) The Director of National Intelligence shall 
participate in the development by the Secretary of Defense of 
the annual budget for the Military Intelligence Program or any 
successor program or programs.
 (B) The Director of National Intelligence shall provide 
guidance for the development of the annual budget for each 
element of the intelligence community that is not within the 
National Intelligence Program.
 (4) The Director of National Intelligence shall ensure the 
effective execution of the annual budget for intelligence and 
intelligence-related activities.
 (5)(A) The Director of National Intelligence shall be 
responsible for managing appropriations for the National 
Intelligence Program by directing the allotment or allocation 
of such appropriations through the heads of the departments 
containing agencies or organizations within the intelligence 
community and the Director of the Central Intelligence Agency, 
with prior notice (including the provision of appropriate 
supporting information) to the head of the department 
containing an agency or organization receiving any such 
allocation or allotment or the Director of the Central 
Intelligence Agency.
 (B) Notwithstanding any other provision of law, pursuant to 
relevant appropriations Acts for the National Intelligence 
Program, the Director of the Office of Management and Budget 
shall exercise the authority of the Director of the Office of 
Management and Budget to apportion funds, at the exclusive 
direction of the Director of National Intelligence, for 
allocation to the elements of the intelligence community 
through the relevant host executive departments and the Central 
Intelligence Agency. Department comptrollers or appropriate 
budget execution officers shall allot, allocate, reprogram, or 
transfer funds appropriated for the National Intelligence 
Program in an expeditious manner.
 (C) The Director of National Intelligence shall monitor the 
implementation and execution of the National Intelligence 
Program by the heads of the elements of the intelligence 
community that manage programs and activities that are part of 
the National Intelligence Program, which shall include audits 
and evaluations.
 (D) Consistent with subparagraph (C), the Director of 
National Intelligence shall ensure that the programs and 
activities that are part of the National Intelligence Program, 
including those of the Federal Bureau of Investigation, are 
structured and executed in a manner than enables budget 
traceability.
 (6) Apportionment and allotment of funds under this 
subsection shall be subject to chapter 13 and section 1517 of 
title 31, United States Code, and the Congressional Budget and 
Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.).
 (7)(A) The Director of National Intelligence shall provide a 
semi-annual report, beginning April 1, 2005, and ending April 
1, 2007, to the President and the Congress regarding 
implementation of this section.
 (B) The Director of National Intelligence shall report to the 
President and the Congress not later than 15 days after 
learning of any instance in which a departmental comptroller 
acts in a manner inconsistent with the law (including permanent 
statutes, authorization Acts, and appropriations Acts), or the 
direction of the Director of National Intelligence, in carrying 
out the National Intelligence Program.
 (d) Role of Director of National Intelligence in Transfer and 
Reprogramming of Funds.--(1)(A) No funds made available under 
the National Intelligence Program may be transferred or 
reprogrammed without the prior approval of the Director of 
National Intelligence, except in accordance with procedures 
prescribed by the Director of National Intelligence.
 (B) The Secretary of Defense shall consult with the Director 
of National Intelligence before transferring or reprogramming 
funds made available under the Military Intelligence Program or 
any successor program or programs.
 (2) Subject to the succeeding provisions of this subsection, 
the Director of National Intelligence may transfer or reprogram 
funds appropriated for a program within the National 
Intelligence Program--
 (A) to another such program;
 (B) to other departments or agencies of the United 
 States Government for the development and fielding of 
 systems of common concern related to the collection, 
 processing, analysis, exploitation, and dissemination 
 of intelligence information; or
 (C) to a program funded by appropriations not within 
 the National Intelligence Program to address critical 
 gaps in intelligence information sharing or access 
 capabilities.
 (3) The Director of National Intelligence may only transfer 
or reprogram funds referred to in paragraph (1)(A)--
 (A) with the approval of the Director of the Office 
 of Management and Budget; and
 (B) after consultation with the heads of departments 
 containing agencies or organizations within the 
 intelligence community to the extent such agencies or 
 organizations are affected, and, in the case of the 
 Central Intelligence Agency, after consultation with 
 the Director of the Central Intelligence Agency.
 (4) The amounts available for transfer or reprogramming in 
the National Intelligence Program in any given fiscal year, and 
the terms and conditions governing such transfers and 
reprogrammings, are subject to the provisions of annual 
appropriations Acts and this subsection.
 (5)(A) A transfer or reprogramming of funds may be made under 
this subsection only if--
 (i) the funds are being transferred to an activity 
 that is a higher priority intelligence activity;
 (ii) the transfer or reprogramming supports an 
 emergent need, improves program effectiveness, or 
 increases efficiency;
 (iii) the transfer or reprogramming does not involve 
 a transfer or reprogramming of funds to a Reserve for 
 Contingencies of the Director of National Intelligence 
 or the Reserve for Contingencies of the Central 
 Intelligence Agency;
 (iv) the transfer or reprogramming results in a 
 cumulative transfer or reprogramming of funds out of 
 any department or agency, as appropriate, funded in the 
 National Intelligence Program in a single fiscal year--
 (I) that is less than $150,000,000, and
 (II) that is less than 5 percent of amounts 
 available to a department or agency under the 
 National Intelligence Program; and
 (v) the transfer or reprogramming does not terminate 
 an acquisition program.
 (B) A transfer or reprogramming may be made without regard to 
a limitation set forth in clause (iv) or (v) of subparagraph 
(A) if the transfer has the concurrence of the head of the 
department involved or the Director of the Central Intelligence 
Agency (in the case of the Central Intelligence Agency). The 
authority to provide such concurrence may only be delegated by 
the head of the department involved or the Director of the 
Central Intelligence Agency (in the case of the Central 
Intelligence Agency) to the deputy of such officer.
 (6) Funds transferred or reprogrammed under this subsection 
shall remain available for the same period as the 
appropriations account to which transferred or reprogrammed.
 (7) Any transfer or reprogramming of funds under this 
subsection shall be carried out in accordance with existing 
procedures applicable to reprogramming notifications for the 
appropriate congressional committees. Any proposed transfer or 
reprogramming for which notice is given to the appropriate 
congressional committees shall be accompanied by a report 
explaining the nature of the proposed transfer or reprogramming 
and how it satisfies the requirements of this subsection. In 
addition, the congressional intelligence committees shall be 
promptly notified of any transfer or reprogramming of funds 
made pursuant to this subsection in any case in which the 
transfer or reprogramming would not have otherwise required 
reprogramming notification under procedures in effect as of the 
date of the enactment of this subsection.
 (8) In addition to other applicable requirements under this 
subsection, the head of an element of the intelligence 
community may not transfer, reprogram, or otherwise reduce 
amounts made available for open-source intelligence activities 
without the prior approval of the Director of National 
Intelligence, unless such amounts are less than any threshold 
established by the Director under paragraph (1)(A) with respect 
to requiring prior approval by the Director for transfers and 
reprogrammings.
 (e) Transfer of Personnel.--(1)(A) In addition to any other 
authorities available under law for such purposes, in the first 
twelve months after establishment of a new national 
intelligence center, the Director of National Intelligence, 
with the approval of the Director of the Office of Management 
and Budget and in consultation with the congressional 
committees of jurisdiction referred to in subparagraph (B), may 
transfer not more than 100 personnel authorized for elements of 
the intelligence community to such center.
 (B) The Director of National Intelligence shall promptly 
provide notice of any transfer of personnel made pursuant to 
this paragraph to--
 (i) the congressional intelligence committees;
 (ii) the Committees on Appropriations of the Senate 
 and the House of Representatives;
 (iii) in the case of the transfer of personnel to or 
 from the Department of Defense, the Committees on Armed 
 Services of the Senate and the House of 
 Representatives; and
 (iv) in the case of the transfer of personnel to or 
 from the Department of Justice, to the Committees on 
 the Judiciary of the Senate and the House of 
 Representatives.
 (C) The Director shall include in any notice under 
subparagraph (B) an explanation of the nature of the transfer 
and how it satisfies the requirements of this subsection.
 (2)(A) The Director of National Intelligence, with the 
approval of the Director of the Office of Management and Budget 
and in accordance with procedures to be developed by the 
Director of National Intelligence and the heads of the 
departments and agencies concerned, may transfer personnel 
authorized for an element of the intelligence community to 
another such element for a period of not more than 2 years.
 (B) A transfer of personnel may be made under this paragraph 
only if--
 (i) the personnel are being transferred to an 
 activity that is a higher priority intelligence 
 activity; and
 (ii) the transfer supports an emergent need, improves 
 program effectiveness, or increases efficiency.
 (C) The Director of National Intelligence shall promptly 
provide notice of any transfer of personnel made pursuant to 
this paragraph to--
 (i) the congressional intelligence committees;
 (ii) in the case of the transfer of personnel to or 
 from the Department of Defense, the Committees on Armed 
 Services of the Senate and the House of 
 Representatives; and
 (iii) in the case of the transfer of personnel to or 
 from the Department of Justice, to the Committees on 
 the Judiciary of the Senate and the House of 
 Representatives.
 (D) The Director shall include in any notice under 
subparagraph (C) an explanation of the nature of the transfer 
and how it satisfies the requirements of this paragraph.
 (3)(A) In addition to the number of full-time equivalent 
positions authorized for the Office of the Director of National 
Intelligence for a fiscal year, there is authorized for such 
Office for each fiscal year an additional 100 full-time 
equivalent positions that may be used only for the purposes 
described in subparagraph (B).
 (B) Except as provided in subparagraph (C), the Director of 
National Intelligence may use a full-time equivalent position 
authorized under subparagraph (A) only for the purpose of 
providing a temporary transfer of personnel made in accordance 
with paragraph (2) to an element of the intelligence community 
to enable such element to increase the total number of 
personnel authorized for such element, on a temporary basis--
 (i) during a period in which a permanent employee of 
 such element is absent to participate in critical 
 language training; or
 (ii) to accept a permanent employee of another 
 element of the intelligence community to provide 
 language-capable services.
 (C) Paragraph (2)(B) shall not apply with respect to a 
transfer of personnel made under subparagraph (B).
 (D) For each of the fiscal years 2010, 2011, and 2012, the 
Director of National Intelligence shall submit to the 
congressional intelligence committees an annual report on the 
use of authorities under this paragraph. Each such report shall 
include a description of--
 (i) the number of transfers of personnel made by the 
 Director pursuant to subparagraph (B), disaggregated by 
 each element of the intelligence community;
 (ii) the critical language needs that were fulfilled 
 or partially fulfilled through the use of such 
 transfers; and
 (iii) the cost to carry out subparagraph (B).
 (4) It is the sense of Congress that--
 (A) the nature of the national security threats 
 facing the United States will continue to challenge the 
 intelligence community to respond rapidly and flexibly 
 to bring analytic resources to bear against emerging 
 and unforeseen requirements;
 (B) both the Office of the Director of National 
 Intelligence and any analytic centers determined to be 
 necessary should be fully and properly supported with 
 appropriate levels of personnel resources and that the 
 President's yearly budget requests adequately support 
 those needs; and
 (C) the President should utilize all legal and 
 administrative discretion to ensure that the Director 
 of National Intelligence and all other elements of the 
 intelligence community have the necessary resources and 
 procedures to respond promptly and effectively to 
 emerging and unforeseen national security challenges.
 (f) Tasking and Other Authorities.--(1)(A) The Director of 
National Intelligence shall--
 (i) establish objectives, priorities, and guidance 
 for the intelligence community to ensure timely and 
 effective collection, processing, analysis, and 
 dissemination (including access by users to collected 
 data consistent with applicable law and, as 
 appropriate, the guidelines referred to in subsection 
 (b) and analytic products generated by or within the 
 intelligence community) of national intelligence;
 (ii) determine requirements and priorities for, and 
 manage and direct the tasking of, collection, analysis, 
 production, and dissemination of national intelligence 
 by elements of the intelligence community, including--
 (I) approving requirements (including those 
 requirements responding to needs provided by 
 consumers) for collection and analysis; and
 (II) resolving conflicts in collection 
 requirements and in the tasking of national 
 collection assets of the elements of the 
 intelligence community; and
 (iii) provide advisory tasking to intelligence 
 elements of those agencies and departments not within 
 the National Intelligence Program.
 (B) The authority of the Director of National Intelligence 
under subparagraph (A) shall not apply--
 (i) insofar as the President so directs;
 (ii) with respect to clause (ii) of subparagraph (A), 
 insofar as the Secretary of Defense exercises tasking 
 authority under plans or arrangements agreed upon by 
 the Secretary of Defense and the Director of National 
 Intelligence; or
 (iii) to the direct dissemination of information to 
 State government and local government officials and 
 private sector entities pursuant to sections 201 and 
 892 of the Homeland Security Act of 2002 (6 U.S.C. 121, 
 482).
 (2) The Director of National Intelligence shall oversee the 
National Counterterrorism Center, the National 
Counterproliferation Center, and the [National 
Counterintelligence and Security Center] National 
Counterintelligence Center and may establish such other 
national intelligence centers as the Director determines 
necessary.
 (3)(A) The Director of National Intelligence shall prescribe, 
in consultation with the heads of other agencies or elements of 
the intelligence community, and the heads of their respective 
departments, binding personnel policies and programs applicable 
to the intelligence community that--
 (i) require and facilitate assignments and details of 
 personnel to national intelligence centers, and between 
 elements of the intelligence community over the course 
 of the careers of such personnel;
 (ii) set standards for education, training, and 
 career development of personnel of the intelligence 
 community;
 (iii) encourage and facilitate the recruitment and 
 retention by the intelligence community of highly 
 qualified individuals for the effective conduct of 
 intelligence activities;
 (iv) ensure that the personnel of the intelligence 
 community are sufficiently diverse for purposes of the 
 collection and analysis of intelligence [through the 
 recruitment and training of women, minorities, and 
 individuals with diverse ethnic, cultural, and 
 linguistic backgrounds;];
 (v) require service in more than one element of the 
 intelligence community as a condition of promotion to 
 such positions within the intelligence community as the 
 Director shall specify, and take requisite steps to 
 ensure compliance among elements of the intelligence 
 community; and
 (vi) ensure the effective management of intelligence 
 community personnel who are responsible for 
 intelligence community-wide matters.
 (B) Policies prescribed under subparagraph (A) shall not be 
inconsistent with the personnel policies otherwise applicable 
to members of the uniformed services.
 (4) The Director of National Intelligence shall ensure 
compliance with the Constitution and laws of the United States 
by the Central Intelligence Agency and shall ensure such 
compliance by other elements of the intelligence community 
through the host executive departments that manage the programs 
and activities that are part of the National Intelligence 
Program.
 (5) The Director of National Intelligence shall ensure the 
elimination of waste and unnecessary duplication within the 
intelligence community.
 (6) The Director of National Intelligence shall establish 
requirements and priorities for foreign intelligence 
information to be collected under the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and provide 
assistance to the Attorney General to ensure that information 
derived from electronic surveillance or physical searches under 
that Act is disseminated so it may be used efficiently and 
effectively for national intelligence purposes, except that the 
Director shall have no authority to direct or undertake 
electronic surveillance or physical search operations pursuant 
to that Act unless authorized by statute or Executive order.
 (7)(A) The Director of National Intelligence shall, if the 
Director determines it is necessary, or may, if requested by a 
congressional intelligence committee, conduct an accountability 
review of an element of the intelligence community or the 
personnel of such element in relation to a failure or 
deficiency within the intelligence community.
 (B) The Director of National Intelligence, in consultation 
with the Attorney General, shall establish guidelines and 
procedures for conducting an accountability review under 
subparagraph (A).
 (C)(i) The Director of National Intelligence shall provide 
the findings of an accountability review conducted under 
subparagraph (A) and the Director's recommendations for 
corrective or punitive action, if any, to the head of the 
applicable element of the intelligence community. Such 
recommendations may include a recommendation for dismissal of 
personnel.
 (ii) If the head of such element does not implement a 
recommendation made by the Director under clause (i), the head 
of such element shall submit to the congressional intelligence 
committees a notice of the determination not to implement the 
recommendation, including the reasons for the determination.
 (D) The requirements of this paragraph shall not be construed 
to limit any authority of the Director of National Intelligence 
under subsection (m) or with respect to supervision of the 
Central Intelligence Agency.
 (8) The Director of National Intelligence shall--
 (A) conduct assessments and audits of the compliance 
 of each element of the intelligence community with 
 minimum insider threat policy;
 (B) receive information from each element of the 
 intelligence community regarding the collection, 
 sharing, and use by such element of audit and 
 monitoring data for insider threat detection across all 
 classified and unclassified information technology 
 systems within such element;
 (C) provide guidance and oversight to Federal 
 departments and agencies to fully implement automated 
 records checks, consistent with personnel vetting 
 reforms and the Trusted Workforce 2.0 initiative, or 
 successor initiative, and ensure that information 
 collected pursuant to such records checks is 
 appropriately shared in support of intelligence 
 community-wide insider threat initiatives;
 (D) carry out evaluations of the effectiveness of 
 counterintelligence, security, and insider threat 
 program activities of each element of the intelligence 
 community, including with respect to the lowest 
 organizational unit of each such element, that include 
 an identification of any gaps, shortfalls, or resource 
 needs of each such element;
 (E) identify gaps, shortfalls, resources needs, and 
 recommendations for adjustments in allocations and 
 additional resources and other remedies to strengthen 
 counterintelligence, security, and insider threat 
 detection programs;
 (F) pursuant to final damage assessments facilitated 
 by the [National Counterintelligence and Security 
 Center] National Counterintelligence Center that have 
 been undertaken as a result of an unauthorized 
 disclosure, determine whether the heads of the elements 
 of the intelligence community implement recommended 
 mitigation, and notify the congressional intelligence 
 committees of such determinations and notify the 
 Committee on Armed Services of the Senate and the 
 Committee on Armed Services of the House of 
 Representatives in cases involving elements of the 
 intelligence community within the Department of 
 Defense; and
 (G) study the data collected during the course of 
 background investigations and adjudications for 
 security clearances granted to individuals who 
 subsequently commit unauthorized disclosures, and issue 
 findings regarding the quality of such data as a 
 predictor for insider threat activity, delineated by 
 the severity of the unauthorized disclosure.
 (9) The Director of National Intelligence shall ensure there 
is established a policy for minimum insider threat standards 
for the intelligence community and ensure compliance by the 
elements of the intelligence community with that policy.
 (10) The Director of National Intelligence shall--
 (A) conduct regular oversight of the open-source 
 intelligence activities of the elements of the 
 intelligence community and evaluate the effectiveness 
 of such activities; and
 (B) ensure that the budget information provided under 
 subsection (c)(2) includes information with respect to 
 such activities.
 [(10)] (11) The Director of National Intelligence shall 
perform such other intelligence-related functions as the 
President may direct, and upon receiving any such direction, 
the Director shall notify the congressional intelligence 
committees immediately in writing with a description of such 
other intelligence-related functions directed by the President.
 [(11)] (12) Nothing in this title shall be construed as 
affecting the role of the Department of Justice or the Attorney 
General under the Foreign Intelligence Surveillance Act of 
1978.
 (g) Intelligence Information Sharing.--(1) The Director of 
National Intelligence shall have principal authority to ensure 
maximum availability of and access to intelligence information 
within the intelligence community consistent with national 
security requirements. The Director of National Intelligence 
shall--
 (A) establish uniform security standards and 
 procedures;
 (B) establish common information technology 
 standards, protocols, and interfaces;
 (C) ensure development of information technology 
 systems that include multi-level security and 
 intelligence integration capabilities;
 (D) establish policies and procedures to resolve 
 conflicts between the need to share intelligence 
 information and the need to protect intelligence 
 sources and methods;
 (E) develop an enterprise architecture for the 
 intelligence community and ensure that elements of the 
 intelligence community comply with such architecture;
 (F) have procurement approval authority over all 
 enterprise architecture-related information technology 
 items funded in the National Intelligence Program; and
 (G) in accordance with Executive Order No. 13526 (75 
 Fed. Reg. 707; relating to classified national security 
 information) (or any subsequent corresponding executive 
 order), and part 2001 of title 32, Code of Federal 
 Regulations (or any subsequent corresponding 
 regulation), establish--
 (i) guidance to standardize, in appropriate 
 cases, the formats for classified and 
 unclassified intelligence products created by 
 elements of the intelligence community for 
 purposes of promoting the sharing of 
 intelligence products; and
 (ii) policies and procedures requiring the 
 increased use, in appropriate cases, and 
 including portion markings, of the 
 classification of portions of information 
 within one intelligence product.
 (2) The President shall ensure that the Director of National 
Intelligence has all necessary support and authorities to fully 
and effectively implement paragraph (1).
 (3) Except as otherwise directed by the President or with the 
specific written agreement of the head of the department or 
agency in question, a Federal agency or official shall not be 
considered to have met any obligation to provide any 
information, report, assessment, or other material (including 
unevaluated intelligence information) to that department or 
agency solely by virtue of having provided that information, 
report, assessment, or other material to the Director of 
National Intelligence or the National Counterterrorism Center.
 (4) The Director of National Intelligence shall, in a timely 
manner, report to Congress any statute, regulation, policy, or 
practice that the Director believes impedes the ability of the 
Director to fully and effectively ensure maximum availability 
of access to intelligence information within the intelligence 
community consistent with the protection of the national 
security of the United States.
 (h) Analysis.--To ensure the most accurate analysis of 
intelligence is derived from all sources to support national 
security needs, the Director of National Intelligence shall--
 (1) implement policies and procedures--
 (A) to require sound analytic methods and 
 tradecraft, independent of political 
 considerations, throughout the elements of the 
 intelligence community;
 (B) to ensure that analysis is based upon all 
 sources available; and
 (C) to ensure that the elements of the 
 intelligence community regularly conduct 
 competitive analysis of analytic products, 
 whether such products are produced by or 
 disseminated to such elements;
 (2) ensure that resource allocation for intelligence 
 analysis is appropriately proportional to resource 
 allocation for intelligence collection systems and 
 operations in order to maximize analysis of all 
 collected data;
 (3) ensure that substantial differences in analytic 
 judgment are fully considered, brought to the attention 
 of policymakers, and documented in analytic products; 
 and
 (4) ensure that sufficient relationships are 
 established between intelligence collectors and 
 analysts to facilitate greater understanding of the 
 needs of analysts.
 (i) Protection of Intelligence Sources and Methods.--(1) The 
Director of National Intelligence shall protect, and shall 
establish and enforce policies to protect, intelligence sources 
and methods from unauthorized disclosure.
 (2) Consistent with paragraph (1), in order to maximize the 
dissemination of intelligence, the Director of National 
Intelligence shall establish and implement requirements for the 
intelligence community for the following purposes:
 (A) Classification of information under applicable 
 law, Executive orders, or other Presidential 
 directives.
 (B) Access to and dissemination of intelligence, both 
 in final form and in the form when initially gathered.
 (C) Preparation of intelligence products in such a 
 way that source information is removed to allow for 
 dissemination at the lowest level of classification 
 possible or in unclassified form to the extent 
 practicable.
 (3) The Director may only delegate a duty or authority given 
the Director under this subsection to the Principal Deputy 
Director of National Intelligence.
 (4)(A) Each head of an element of the intelligence community 
shall ensure that any congressionally mandated report submitted 
to Congress by the head, other than such a report submitted 
solely to the congressional intelligence committees, shall be 
consistent with the protection of intelligence sources and 
methods in accordance with the policies established by the 
Director under paragraph (1), regardless of whether the 
provision of law mandating the report explicitly requires such 
protection.
 (B) Nothing in this paragraph shall be construed to alter any 
congressional leadership's or congressional committee's 
jurisdiction or access to information from any element of the 
intelligence community under the rules of either chamber of 
Congress.
 (j) Uniform Procedures for Classified Information.--The 
Director of National Intelligence, subject to the direction of 
the President, shall--
 (1) establish uniform standards and procedures for 
 the grant of access to sensitive compartmented 
 information to any officer or employee of any agency or 
 department of the United States and to employees of 
 contractors of those agencies or departments;
 (2) ensure the consistent implementation of those 
 standards and procedures throughout such agencies and 
 departments;
 (3) ensure that security clearances granted by 
 individual elements of the intelligence community are 
 recognized by all elements of the intelligence 
 community, and under contracts entered into by those 
 agencies;
 (4) ensure that the process for investigation and 
 adjudication of an application for access to sensitive 
 compartmented information is performed in the most 
 expeditious manner possible consistent with applicable 
 standards for national security;
 (5) ensure that the background of each employee or 
 officer of an element of the intelligence community, 
 each contractor to an element of the intelligence 
 community, and each individual employee of such a 
 contractor who has been determined to be eligible for 
 access to classified information is monitored on a 
 continual basis under standards developed by the 
 Director, including with respect to the frequency of 
 evaluation, during the period of eligibility of such 
 employee or officer of an element of the intelligence 
 community, such contractor, or such individual employee 
 to such a contractor to determine whether such employee 
 or officer of an element of the intelligence community, 
 such contractor, and such individual employee of such a 
 contractor continues to meet the requirements for 
 eligibility for access to classified information; and
 (6) develop procedures to require information sharing 
 between elements of the intelligence community 
 concerning potentially derogatory security information 
 regarding an employee or officer of an element of the 
 intelligence community, a contractor to an element of 
 the intelligence community, or an individual employee 
 of such a contractor that may impact the eligibility of 
 such employee or officer of an element of the 
 intelligence community, such contractor, or such 
 individual employee of such a contractor for a security 
 clearance.
 (k) Coordination With Foreign Governments.--Under the 
direction of the President and in a manner consistent with 
section 207 of the Foreign Service Act of 1980 (22 U.S.C. 
3927), the Director of National Intelligence shall oversee the 
coordination of the relationships between elements of the 
intelligence community and the intelligence or security 
services of foreign governments or international organizations 
on all matters involving intelligence related to the national 
security or involving intelligence acquired through clandestine 
means.
 (l) Enhanced Personnel Management.--(1)(A) The Director of 
National Intelligence shall, under regulations prescribed by 
the Director, provide incentives for personnel of elements of 
the intelligence community to serve--
 (i) on the staff of the Director of National 
 Intelligence;
 (ii) on the staff of the national intelligence 
 centers;
 (iii) on the staff of the National Counterterrorism 
 Center; and
 (iv) in other positions in support of the 
 intelligence community management functions of the 
 Director.
 (B) Incentives under subparagraph (A) may include financial 
incentives, bonuses, and such other awards and incentives as 
the Director considers appropriate.
 (2)(A) Notwithstanding any other provision of law, the 
personnel of an element of the intelligence community who are 
assigned or detailed under paragraph (1)(A) to service under 
the Director of National Intelligence shall be promoted at 
rates equivalent to or better than personnel of such element 
who are not so assigned or detailed.
 (B) The Director may prescribe regulations to carry out this 
paragraph.
 (3)(A) The Director of National Intelligence shall prescribe 
mechanisms to facilitate the rotation of personnel of the 
intelligence community through various elements of the 
intelligence community in the course of their careers in order 
to facilitate the widest possible understanding by such 
personnel of the variety of intelligence requirements, methods, 
users, and capabilities.
 (B) The mechanisms prescribed under subparagraph (A) may 
include the following:
 (i) The establishment of special occupational 
 categories involving service, over the course of a 
 career, in more than one element of the intelligence 
 community.
 (ii) The provision of rewards for service in 
 positions undertaking analysis and planning of 
 operations involving two or more elements of the 
 intelligence community.
 (iii) The establishment of requirements for 
 education, training, service, and evaluation for 
 service involving more than one element of the 
 intelligence community.
 (C) It is the sense of Congress that the mechanisms 
prescribed under this subsection should, to the extent 
practical, seek to duplicate for civilian personnel within the 
intelligence community the joint officer management policies 
established by chapter 38 of title 10, United States Code, and 
the other amendments made by title IV of the Goldwater-Nichols 
Department of Defense Reorganization Act of 1986 (Public Law 
99-433).
 (D) The mechanisms prescribed under subparagraph (A) and any 
other policies of the Director--
 (i) may not require an employee of an office of 
 inspector general for an element of the intelligence 
 community, including the Office of the Inspector 
 General of the Intelligence Community, to rotate to a 
 position in an office or organization of such an 
 element over which such office of inspector general 
 exercises jurisdiction; and
 (ii) shall be implemented in a manner that exempts 
 employees of an office of inspector general from a 
 rotation that may impact the independence of such 
 office.
 (4)(A) Except as provided in subparagraph (B) and 
subparagraph (D), this subsection shall not apply with respect 
to personnel of the elements of the intelligence community who 
are members of the uniformed services.
 (B) Mechanisms that establish requirements for education and 
training pursuant to paragraph (3)(B)(iii) may apply with 
respect to members of the uniformed services who are assigned 
to an element of the intelligence community funded through the 
National Intelligence Program, but such mechanisms shall not be 
inconsistent with personnel policies and education and training 
requirements otherwise applicable to members of the uniformed 
services.
 (C) The personnel policies and programs developed and 
implemented under this subsection with respect to law 
enforcement officers (as that term is defined in section 
5541(3) of title 5, United States Code) shall not affect the 
ability of law enforcement entities to conduct operations or, 
through the applicable chain of command, to control the 
activities of such law enforcement officers.
 (D) Assignment to the Office of the Director of National 
Intelligence of commissioned officers of the Armed Forces shall 
be considered a joint-duty assignment for purposes of the joint 
officer management policies prescribed by chapter 38 of title 
10, United States Code, and other provisions of that title.
 (m) Additional Authority With Respect to Personnel.--(1) In 
addition to the authorities under subsection (f)(3), the 
Director of National Intelligence may exercise with respect to 
the personnel of the Office of the Director of National 
Intelligence any authority of the Director of the Central 
Intelligence Agency with respect to the personnel of the 
Central Intelligence Agency under the Central Intelligence 
Agency Act of 1949 (50 U.S.C. 403a et seq.), and other 
applicable provisions of law, as of the date of the enactment 
of this subsection to the same extent, and subject to the same 
conditions and limitations, that the Director of the Central 
Intelligence Agency may exercise such authority with respect to 
personnel of the Central Intelligence Agency, including with 
respect to the notification requirement under section 8(c) of 
such Act (50 U.S.C. 3510(c)).
 (2) Employees and applicants for employment of the Office of 
the Director of National Intelligence shall have the same 
rights and protections under the Office of the Director of 
National Intelligence as employees of the Central Intelligence 
Agency have under the Central Intelligence Agency Act of 1949, 
and other applicable provisions of law, as of the date of the 
enactment of this subsection.
 (n) Acquisition and Other Authorities.--(1) In carrying out 
the responsibilities and authorities under this section, the 
Director of National Intelligence may exercise the acquisition 
and appropriations authorities referred to in the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) other 
than the authorities referred to in section 8(b) of that Act 
(50 U.S.C. 403j(b)).
 (2) For the purpose of the exercise of any authority referred 
to in paragraph (1), a reference to the head of an agency shall 
be deemed to be a reference to the Director of National 
Intelligence or the Principal Deputy Director of National 
Intelligence.
 (3)(A) Any determination or decision to be made under an 
authority referred to in paragraph (1) by the head of an agency 
may be made with respect to individual purchases and contracts 
or with respect to classes of purchases or contracts, and shall 
be final.
 (B) Except as provided in subparagraph (C), the Director of 
National Intelligence or the Principal Deputy Director of 
National Intelligence may, in such official's discretion, 
delegate to any officer or other official of the Office of the 
Director of National Intelligence any authority to make a 
determination or decision as the head of the agency under an 
authority referred to in paragraph (1).
 (C) The limitations and conditions set forth in section 3(d) 
of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
403c(d)) shall apply to the exercise by the Director of 
National Intelligence of an authority referred to in paragraph 
(1).
 (D) Each determination or decision required by an authority 
referred to in the second sentence of section 3(d) of the 
Central Intelligence Agency Act of 1949 shall be based upon 
written findings made by the official making such determination 
or decision, which findings shall be final and shall be 
available within the Office of the Director of National 
Intelligence for a period of at least six years following the 
date of such determination or decision.
 (4)(A) In addition to the authority referred to in paragraph 
(1), the Director of National Intelligence may authorize the 
head of an element of the intelligence community to exercise an 
acquisition authority referred to in section 3 or 8(a) of the 
Central Intelligence Agency Act of 1949 (50 U.S.C. 403c and 
403j(a)) for an acquisition by such element that is more than 
50 percent funded under the National Intelligence Program.
 (B) The head of an element of the intelligence community may 
not exercise an authority referred to in subparagraph (A) 
until--
 (i) the head of such element (without delegation) 
 submits to the Director of National Intelligence a 
 written request that includes--
 (I) a description of such authority requested 
 to be exercised;
 (II) an explanation of the need for such 
 authority, including an explanation of the 
 reasons that other authorities are 
 insufficient; and
 (III) a certification that the mission of 
 such element would be--
 (aa) impaired if such authority is 
 not exercised; or
 (bb) significantly and measurably 
 enhanced if such authority is 
 exercised; and
 (ii) the Director of National Intelligence issues a 
 written authorization that includes--
 (I) a description of the authority referred 
 to in subparagraph (A) that is authorized to be 
 exercised; and
 (II) a justification to support the exercise 
 of such authority.
 (C) A request and authorization to exercise an authority 
referred to in subparagraph (A) may be made with respect to an 
individual acquisition or with respect to a specific class of 
acquisitions described in the request and authorization 
referred to in subparagraph (B).
 (D)(i) A request from a head of an element of the 
intelligence community located within one of the departments 
described in clause (ii) to exercise an authority referred to 
in subparagraph (A) shall be submitted to the Director of 
National Intelligence in accordance with any procedures 
established by the head of such department.
 (ii) The departments described in this clause are the 
Department of Defense, the Department of Energy, the Department 
of Homeland Security, the Department of Justice, the Department 
of State, and the Department of the Treasury.
 (E)(i) The head of an element of the intelligence community 
may not be authorized to utilize an authority referred to in 
subparagraph (A) for a class of acquisitions for a period of 
more than 3 years, except that the Director of National 
Intelligence (without delegation) may authorize the use of such 
an authority for not more than 6 years.
 (ii) Each authorization to utilize an authority referred to 
in subparagraph (A) may be extended in accordance with the 
requirements of subparagraph (B) for successive periods of not 
more than 3 years, except that the Director of National 
Intelligence (without delegation) may authorize an extension 
period of not more than 6 years.
 (F) Subject to clauses (i) and (ii) of subparagraph (E), the 
Director of National Intelligence may only delegate the 
authority of the Director under subparagraphs (A) through (E) 
to the Principal Deputy Director of National Intelligence or a 
Deputy Director of National Intelligence.
 (G) The Director of National Intelligence shall submit--
 (i) to the congressional intelligence committees a 
 notification of an authorization to exercise an 
 authority referred to in subparagraph (A) or an 
 extension of such authorization that includes the 
 written authorization referred to in subparagraph 
 (B)(ii); and
 (ii) to the Director of the Office of Management and 
 Budget a notification of an authorization to exercise 
 an authority referred to in subparagraph (A) for an 
 acquisition or class of acquisitions that will exceed 
 $50,000,000 annually.
 (H) Requests and authorizations to exercise an authority 
referred to in subparagraph (A) shall remain available within 
the Office of the Director of National Intelligence for a 
period of at least 6 years following the date of such request 
or authorization.
 (I) Nothing in this paragraph may be construed to alter or 
otherwise limit the authority of the Central Intelligence 
Agency to independently exercise an authority under section 3 
or 8(a) of the Central Intelligence Agency Act of 1949 (50 
U.S.C. 403c and 403j(a)).
 (5) Any authority provided to the Director of National 
Intelligence or the head of an element of the intelligence 
community pursuant to this subsection to make an expenditure 
referred to in subsection (a) of section 8 of the Central 
Intelligence Agency Act of 1949 (50 U.S.C. 3510) is subject to 
the notification requirement under subsection (c) [of such 
section] of such section, including the guidance issued under 
paragraph (2) of such subsection (c). If the Director of 
National Intelligence is required to make a notification for a 
specific expenditure pursuant to both this paragraph and 
paragraph (4)(G), the Director may make a single notification.
 (6) Other transaction authority.--
 (A) In general.--In addition to other acquisition 
 authorities, the Director of National Intelligence may 
 exercise the acquisition authorities referred to in 
 sections 4021 and 4022 of title 10, United States Code, 
 subject to the provisions of this paragraph.
 (B) Delegation.--(i) The Director shall delegate the 
 authorities provided by subparagraph (A) to the heads 
 of elements of the intelligence community.
 (ii) The heads of elements of the intelligence 
 community shall, to the maximum extent practicable, 
 delegate the authority delegated under clause (i) to 
 the official of the respective element of the 
 intelligence community responsible for decisions with 
 respect to basic, applied, or advanced research 
 activities or the adoption of such activities within 
 such element.
 (C) Intelligence community authority.--(i) For 
 purposes of this paragraph, the limitation in section 
 4022(a)(1) of title 10, United States Code, shall not 
 apply to elements of the intelligence community.
 (ii) [Subject to section 4022(a)(2) of such title, 
 the Director] Subject to section 4022(a)(2) of such 
 title and except as provided in clause (viii) of this 
 subparagraph, the Director, or the head of an element 
 of the intelligence community to whom the Director has 
 delegated authority under subparagraph (B), may enter 
 into transactions and agreements (other than contracts, 
 cooperative agreements, and grants) of amounts not to 
 exceed $75,000,000 under this paragraph to carry out 
 basic, applied, and advanced research projects and 
 prototype projects in support of intelligence 
 activities.
 (iii) For purposes of this paragraph, the limitations 
 specified in section 4022(a)(2) of such title shall 
 apply to the intelligence community in lieu of the 
 Department of Defense, and the Director shall--
 (I) identify appropriate officials who can 
 make the determinations required in 
 subparagraph (B)(i) of such section for the 
 intelligence community; and
 (II) 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 
 in lieu of the congressional defense 
 committees, as specified in subparagraph 
 (B)(ii) of such section.
 (iv) For purposes of this paragraph, the limitation 
 in section 4022(a)(3) of such title shall not apply to 
 elements of the intelligence community.
 (v) In carrying out this paragraph, section 
 4022(d)(1) of such title shall be applied by 
 substituting ``Director of National Intelligence'' for 
 ``Secretary of Defense''.
 (vi) For purposes of this paragraph, the limitations 
 in section 4022(d)(2) of such title shall not apply to 
 elements of the intelligence community.
 (vii) In addition to the follow-on production 
 contract criteria in section 4022(f)(2) of such title, 
 the following additional criteria shall apply:
 (I) The authorizing official of the relevant 
 element of the intelligence community 
 determines that Government users of the 
 proposed production product or production 
 service have been consulted.
 (II) In the case of a proposed production 
 product that is software, there are mechanisms 
 in place for Government users to provide 
 ongoing feedback to participants to the follow-
 on production contract.
 (III) In the case of a proposed production 
 product that is software, there are mechanisms 
 in place to promote the interoperability and 
 accessibility with and between Government and 
 commercial software providers, including by the 
 promotion of open application programming 
 interfaces and requirement of appropriate 
 software documentation.
 (IV) The award follows a documented market 
 analysis as mandated by the Federal Acquisition 
 Regulations surveying available and comparable 
 products.
 (V) In the case of a proposed production 
 product that is software, the follow-on 
 production contract includes a requirement 
 that, for the duration of such contract (or 
 such other period of time as may be agreed to 
 as a term of such contract)--
 (aa) the participants provide the 
 most up-to-date version of the product 
 that is available in the commercial 
 marketplace and is consistent with 
 security requirements;
 (bb) there are mechanisms in place 
 for the participants to provide timely 
 updates to the production product; and
 (cc) the authority specified in 
 section 4022(f)(5) of such title shall 
 be exercised by the Director in lieu of 
 the Secretary of Defense.
 (viii) The Director of the National Reconnaissance 
 Office, if delegated the authority under subparagraph 
 (B), may exercise the authority under clause (ii) by 
 substituting ``$500,000,000'' for ``$75,000,000'' if 
 the Director of the National Reconnaissance Office 
 submits to the congressional intelligence committees 
 notice of an agreement or transaction of an amount that 
 exceeds $75,000,000 not later than 14 days before the 
 agreement or transaction is entered into and certifies 
 that the agreement or transaction is essential to meet 
 critical national security objectives.
 (D) Implementation policy.--The Director, in 
 consultation with the heads of the elements of the 
 intelligence community, shall--
 (i) not later than 180 days after the date of 
 the enactment of the Intelligence Authorization 
 Act for Fiscal Year 2023, establish and 
 implement an intelligence community-wide policy 
 prescribing the use and limitations of the 
 authority under this paragraph, particularly 
 with respect to the application of 
 subparagraphs (B) and (C);
 (ii) periodically review and update the 
 policy established under clause (i); and
 (iii) submit to the congressional 
 intelligence committees, the Committee on 
 Appropriations of the Senate, and the Committee 
 on Appropriations of the House of 
 Representatives the policy when established 
 under clause (i) or updated under clause (ii).
 (E) Annual report.--
 (i) In general.--Not less frequently than 
 annually, the Director 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 report detailing the use by 
 the intelligence community of the authority 
 provided by this paragraph.
 (ii) Elements.--
 (I) Required elements.--Each report 
 required by clause (i) shall detail the 
 following:
 (aa) The number of 
 transactions.
 (bb) The participants to such 
 transactions.
 (cc) The purpose of the 
 transaction.
 (dd) The amount of each 
 transaction.
 (ee) Concerns with the 
 efficiency of the policy.
 (ff) Any recommendations for 
 how to improve the process.
 (II) Other elements.--Each report 
 required by clause (i) may describe 
 such transactions which have been 
 awarded follow-on production contracts 
 either pursuant to the authority 
 provided by this paragraph or another 
 acquisition authority available to the 
 intelligence community.
 (o) Consideration of Views of Elements of Intelligence 
Community.--In carrying out the duties and responsibilities 
under this section, the Director of National Intelligence shall 
take into account the views of a head of a department 
containing an element of the intelligence community and of the 
Director of the Central Intelligence Agency.
 (p) Certain Responsibilities of Director of National 
Intelligence Relating to National Intelligence Program.--(1) 
Subject to the direction of the President, the Director of 
National Intelligence shall, after consultation with the 
Secretary of Defense, ensure that the National Intelligence 
Program budgets for the elements of the intelligence community 
that are within the Department of Defense are adequate to 
satisfy the national intelligence needs of the Department of 
Defense, including the needs of the Chairman of the Joint 
Chiefs of Staff and the commanders of the unified and specified 
commands, and wherever such elements are performing Government-
wide functions, the needs of other Federal departments and 
agencies.
 (2) Consistent with subsection (c)(5)(C), the Director of 
National Intelligence shall, after consultation with the 
Director of the Federal Bureau of Investigation, ensure that 
the programs and activities of the Federal Bureau of 
Investigation that are part of the National Intelligence 
Program are executed in a manner that conforms with the 
requirements of the national intelligence strategy under 
section 108A of this Act and the National Intelligence 
Priorities Framework of the Office of the Director of National 
Intelligence (or any successor mechanism established for the 
prioritization of such programs and activities).
 (3) Not later than March 1 of each year, the President, 
acting through the Director of National Intelligence, 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 copy of the 
most recently updated National Intelligence Priorities 
Framework of the Office of the Director of National 
Intelligence (or any such successor mechanism).
 (q) Acquisitions of Major Systems.--(1) For each intelligence 
program within the National Intelligence Program for the 
acquisition of a major system, the Director of National 
Intelligence shall--
 (A) require the development and implementation of a 
 program management plan that includes cost, schedule, 
 security risks, and performance goals and program 
 milestone criteria, except that with respect to 
 Department of Defense programs the Director shall 
 consult with the Secretary of Defense;
 (B) serve as exclusive milestone decision authority, 
 except that with respect to Department of Defense 
 programs the Director shall serve as milestone decision 
 authority jointly with the Secretary of Defense or the 
 designee of the Secretary; and
 (C) periodically--
 (i) review and assess the progress made 
 toward the achievement of the goals and 
 milestones established in such plan; and
 (ii) submit to Congress a report on the 
 results of such review and assessment.
 (2) If the Director of National Intelligence and the 
Secretary of Defense are unable to reach an agreement on a 
milestone decision under paragraph (1)(B), the President shall 
resolve the conflict.
 (3) Nothing in this subsection may be construed to limit the 
authority of the Director of National Intelligence to delegate 
to any other official any authority to perform the 
responsibilities of the Director under this subsection.
 (4) In this subsection:
 (A) The term ``intelligence program'', with respect 
 to the acquisition of a major system, means a program 
 that--
 (i) is carried out to acquire such major 
 system for an element of the intelligence 
 community; and
 (ii) is funded in whole out of amounts 
 available for the National Intelligence 
 Program.
 (B) The term ``major system'' has the meaning given 
 such term in section 4(9) of the Federal Property and 
 Administrative Services Act of 1949 (41 U.S.C. 403(9)).
 (r) Performance of Common Services.--The Director of National 
Intelligence shall, in consultation with the heads of 
departments and agencies of the United States Government 
containing elements within the intelligence community and with 
the Director of the Central Intelligence Agency, coordinate the 
performance by the elements of the intelligence community 
within the National Intelligence Program of such services as 
are of common concern to the intelligence community, which 
services the Director of National Intelligence determines can 
be more efficiently accomplished in a consolidated manner.
 (s) Pay Authority for Critical Positions.--(1) 
Notwithstanding any pay limitation established under any other 
provision of law applicable to employees in elements of the 
intelligence community, the Director of National Intelligence 
may, in coordination with the Director of the Office of 
Personnel Management and the Director of the Office of 
Management and Budget, grant authority to the head of a 
department or agency to fix the rate of basic pay for one or 
more positions within the intelligence community at a rate in 
excess of any applicable limitation, subject to the provisions 
of this subsection. The exercise of authority so granted is at 
the discretion of the head of the department or agency 
employing the individual in a position covered by such 
authority, subject to the provisions of this subsection and any 
conditions established by the Director of National Intelligence 
when granting such authority.
 (2) Authority under this subsection may be granted or 
exercised only--
 (A) with respect to a position that requires an 
 extremely high level of expertise and is critical to 
 successful accomplishment of an important mission; and
 (B) to the extent necessary to recruit or retain an 
 individual exceptionally well qualified for the 
 position.
 (3) The head of a department or agency may not fix a rate of 
basic pay under this subsection at a rate greater than the rate 
payable for level II of the Executive Schedule under section 
5313 of title 5, United States Code, except upon written 
approval of the Director of National Intelligence or as 
otherwise authorized by law.
 (4) The head of a department or agency may not fix a rate of 
basic pay under this subsection at a rate greater than the rate 
payable for level I of the Executive Schedule under section 
5312 of title 5, United States Code, except upon written 
approval of the President in response to a request by the 
Director of National Intelligence or as otherwise authorized by 
law.
 (5) Any grant of authority under this subsection for a 
position shall terminate at the discretion of the Director of 
National Intelligence.
 (6)(A) The Director of National Intelligence shall notify the 
congressional intelligence committees not later than 30 days 
after the date on which the Director grants authority to the 
head of a department or agency under this subsection.
 (B) The head of a department or agency to which the Director 
of National Intelligence grants authority under this subsection 
shall notify the congressional intelligence committees and the 
Director of the exercise of such authority not later than 30 
days after the date on which such head exercises such 
authority.
 (t) Award of Rank to Members of the Senior National 
Intelligence Service.--(1) The President, based on the 
recommendation of the Director of National Intelligence, may 
award a rank to a member of the Senior National Intelligence 
Service or other intelligence community senior civilian officer 
not already covered by such a rank award program in the same 
manner in which a career appointee of an agency may be awarded 
a rank under section 4507 of title 5, United States Code.
 (2) The President may establish procedures to award a rank 
under paragraph (1) to a member of the Senior National 
Intelligence Service or a senior civilian officer of the 
intelligence community whose identity as such a member or 
officer is classified information (as defined in section 
606(1)).
 (u) Conflict of Interest Regulations.--The Director of 
National Intelligence, in consultation with the Director of the 
Office of Government Ethics, shall issue regulations 
prohibiting an officer or employee of an element of the 
intelligence community from engaging in outside employment if 
such employment creates a conflict of interest or appearance 
thereof.
 (v) Authority To Establish Positions in Excepted Service.--
(1) The Director of National Intelligence, with the concurrence 
of the head of the covered department concerned and in 
consultation with the Director of the Office of Personnel 
Management, may--
 (A) convert competitive service positions, and the 
 incumbents of such positions, within an element of the 
 intelligence community in such department, to excepted 
 service positions as the Director of National 
 Intelligence determines necessary to carry out the 
 intelligence functions of such element; and
 (B) establish new positions in the excepted service 
 within an element of the intelligence community in such 
 department, if the Director of National Intelligence 
 determines such positions are necessary to carry out 
 the intelligence functions of such element.
 (2) An incumbent occupying a position on the date of the 
enactment of the Intelligence Authorization Act for Fiscal Year 
2012 selected to be converted to the excepted service under 
this section shall have the right to refuse such conversion. 
Once such individual no longer occupies the position, the 
position may be converted to the excepted service.
 (3) A covered department may appoint an individual to a 
position converted or established pursuant to this subsection 
without regard to the civil-service laws, including parts II 
and III of title 5, United States Code.
 (4) In this subsection, the term ``covered department'' means 
the Department of Energy, the Department of Homeland Security, 
the Department of State, or the Department of the Treasury.
 (w) Nuclear Proliferation Assessment Statements Intelligence 
Community Addendum.--The Director of National Intelligence, in 
consultation with the heads of the appropriate elements of the 
intelligence community and the Secretary of State, shall 
provide to the President, the congressional intelligence 
committees, the Committee on Foreign Affairs of the House of 
Representatives, and the Committee on Foreign Relations of the 
Senate an addendum to each Nuclear Proliferation Assessment 
Statement accompanying a civilian nuclear cooperation 
agreement, containing a comprehensive analysis of the country's 
export control system with respect to nuclear-related matters, 
including interactions with other countries of proliferation 
concern and the actual or suspected nuclear, dual-use, or 
missile-related transfers to such countries.
 (x) Requirements for Intelligence Community Contractors.--The 
Director of National Intelligence, in consultation with the 
heads of the elements of the intelligence community, shall--
 (1) ensure that--
 (A) any contractor to an element of the 
 intelligence community with access to a 
 classified network or classified information 
 develops and operates a security plan that is 
 consistent with standards established by the 
 Director of National Intelligence for 
 intelligence community networks; and
 (B) each contract awarded by an element of 
 the intelligence community includes provisions 
 requiring the contractor comply with such plan 
 and such standards;
 (2) conduct periodic assessments of each security 
 plan required under paragraph (1)(A) to ensure such 
 security plan complies with the requirements of such 
 paragraph; and
 (3) ensure that the insider threat detection 
 capabilities and insider threat policies of the 
 intelligence community, including the policy under 
 subsection (f)(8), apply to facilities of contractors 
 with access to a classified network.
 (y) Fundraising.--(1) The Director of National Intelligence 
may engage in fundraising in an official capacity for the 
benefit of nonprofit organizations that--
 (A) provide support to surviving family members of a 
 deceased employee of an element of the intelligence 
 community; or
 (B) otherwise provide support for the welfare, 
 education, or recreation of employees of an element of 
 the intelligence community, former employees of an 
 element of the intelligence community, or family 
 members of such employees.
 (2) In this subsection, the term ``fundraising'' means the 
raising of funds through the active participation in the 
promotion, production, or presentation of an event designed to 
raise funds and does not include the direct solicitation of 
money by any other means.
 (3) Not later than 7 days after the date the Director engages 
in fundraising authorized by this subsection or at the time the 
decision is made to participate in such fundraising, the 
Director shall notify the congressional intelligence committees 
of such fundraising.
 (4) The Director, in consultation with the Director of the 
Office of Government Ethics, shall issue regulations to carry 
out the authority provided in this subsection. Such regulations 
shall ensure that such authority is exercised in a manner that 
is consistent with all relevant ethical constraints and 
principles, including the avoidance of any prohibited conflict 
of interest or appearance of impropriety.
 (z) Analyses and Impact Statements Regarding Proposed 
Investment Into the United States.--(1) Not later than 20 days 
after the completion of a review or an investigation of any 
proposed investment into the United States for which the 
Director has prepared analytic materials, the Director shall 
submit to the Select Committee on Intelligence of the Senate 
and the Permanent Select Committee on Intelligence of the House 
of Representative copies of such analytic materials, including 
any supplements or amendments to such analysis made by the 
Director.
 (2) Not later than 60 days after the completion of 
consideration by the United States Government of any investment 
described in paragraph (1), the Director shall determine 
whether such investment will have an operational impact on the 
intelligence community, and, if so, shall submit a report on 
such impact to the Select Committee on Intelligence of the 
Senate and the Permanent Select Committee on Intelligence of 
the House of Representatives. Each such report shall--
 (A) describe the operational impact of the investment 
 on the intelligence community, including with respect 
 to counterintelligence; and
 (B) describe any actions that have been or will be 
 taken to mitigate such impact.
 (3) Definitions.--In this subsection:
 (A) The term ``a review or an investigation of any 
 proposed investment into the United States for which 
 the Director has prepared analytic materials'' includes 
 a review, investigation, assessment, or analysis 
 conducted by the Director pursuant to section 7 or 
 10(g) of Executive Order 13913 (85 Fed. Reg. 19643; 
 relating to Establishing the Committee for the 
 Assessment of Foreign Participation in the United 
 States Telecommunications Services Sector), or 
 successor order.
 (B) The term ``investment'' includes any activity 
 reviewed, investigated, assessed, or analyzed by the 
 Director pursuant to section 7 or 10(g) of Executive 
 Order 13913, or successor order.

 office of the director of national intelligence

 Sec. 103. (a) Office of Director of National Intelligence.--
There is an Office of the Director of National Intelligence.
 (b) Function.--The function of the Office of the Director of 
National Intelligence is to assist the Director of National 
Intelligence in carrying out the duties and responsibilities of 
the Director under this Act and other applicable provisions of 
law, and to carry out such other duties as may be prescribed by 
the President or by law.
 (c) Composition.--The Office of the Director of National 
Intelligence is composed of the following:
 (1) The Director of National Intelligence.
 (2) The Principal Deputy Director of National 
 Intelligence.
 (3) Any Deputy Director of National Intelligence 
 appointed under section 103A.
 (4) The National Intelligence Council.
 (5) The National Intelligence Management Council.
 (6) The General Counsel.
 (7) The Civil Liberties Protection Officer.
 (8) The Director of Science and Technology.
 (9) The Director of the [National Counterintelligence 
 and Security Center] National Counterintelligence 
 Center.
 (10) The Chief Information Officer of the 
 Intelligence Community.
 (11) The Inspector General of the Intelligence 
 Community.
 (12) The Director of the National Counterterrorism 
 Center.
 (13) The Director of the National Counter 
 Proliferation Center.
 (14) The Chief Financial Officer of the Intelligence 
 Community.
 (15) Such other offices and officials as may be 
 established by law or the Director may establish or 
 designate in the Office, including national 
 intelligence centers.
 (d) Staff.--(1) To assist the Director of National 
Intelligence in fulfilling the duties and responsibilities of 
the Director, the Director shall employ and utilize in the 
Office of the Director of National Intelligence a professional 
staff having an expertise in matters relating to such duties 
and responsibilities, and may establish permanent positions and 
appropriate rates of pay with respect to that staff.
 (2) The staff of the Office of the Director of National 
Intelligence under paragraph (1) shall include the staff of the 
Office of the Deputy Director of Central Intelligence for 
Community Management that is transferred to the Office of the 
Director of National Intelligence under section 1091 of the 
National Security Intelligence Reform Act of 2004.
 (e) Temporary Filling of Vacancies.--With respect to filling 
temporarily a vacancy in an office within the Office of the 
Director of National Intelligence (other than that of the 
Director of National Intelligence), section 3345(a)(3) of title 
5, United States Code, may be applied--
 (1) in the matter preceding subparagraph (A), by 
 substituting ``an element of the intelligence 
 community, as that term is defined in section 3(4) of 
 the National Security Act of 1947 (50 U.S.C. 
 401a(4)),'' for ``such Executive agency''; and
 (2) in subparagraph (A), by substituting ``the 
 intelligence community'' for ``such agency''.
 (f) Location of the Office of the Director of National 
Intelligence.--The headquarters of the Office of the Director 
of National Intelligence may be located in the Washington 
metropolitan region, as that term is defined in section 8301 of 
title 40, United States Code.

 * * * * * * *

 [director of the national counterintelligence and security center

 [Sec. 103F. (a) Director of the National Counterintelligence 
and Security Center.--The Director of the National 
Counterintelligence and Security Center appointed under section 
902 of the Counterintelligence Enhancement Act of 2002 (50 
U.S.C. 3382) is a component of the Office of the Director of 
National Intelligence.
 [(b) Duties.--The Director of the National 
Counterintelligence and Security Center shall perform the 
duties provided in the Counterintelligence Enhancement Act of 
2002 and such other duties as may be prescribed by the Director 
of National Intelligence or specified by law.]

 * * * * * * *

SEC. 103M. NATIONAL INTELLIGENCE MANAGEMENT COUNCIL.

 (a) Establishment.--There is within the Office of the 
Director of National Intelligence a National Intelligence 
Management Council.
 (b) Composition.--
 (1) The National Intelligence Management Council 
 shall be composed of senior officials within the 
 intelligence community and substantive experts from the 
 public or private sector, who shall be appointed by, 
 report to, and serve at the pleasure of, the Director 
 of National Intelligence.
 (2) The Director shall prescribe appropriate security 
 requirements for personnel appointed from the private 
 sector as a condition of service on the National 
 Intelligence Management Council, or as contractors of 
 the Council or employees of such contractors, to ensure 
 the protection of intelligence sources and methods 
 while avoiding, wherever possible, unduly intrusive 
 requirements which the Director considers to be 
 unnecessary for this purpose.
 (c) Duties and Responsibilities.--Members of the National 
Intelligence Management Council shall work with each other and 
with other elements of the intelligence community to ensure 
proper coordination and to minimize duplication of effort, in 
addition to the following duties and responsibilities:
 (1) Provide integrated mission input to support the 
 processes and activities of the intelligence community, 
 including with respect to intelligence planning, 
 programming, budgeting, and evaluation processes.
 (2) Identify and pursue opportunities to integrate or 
 coordinate collection and counterintelligence efforts.
 (3) In concert with the responsibilities of the 
 National Intelligence Council, ensure the integration 
 and coordination of analytic and collection efforts.
 (4) Develop and coordinate intelligence strategies in 
 support of budget planning and programming activities.
 (5) Advise the Director of National Intelligence on 
 the development of the National Intelligence Priorities 
 Framework of the Office of the Director of National 
 Intelligence (or any successor mechanism established 
 for the prioritization of programs and activities).
 (6) In concert with the responsibilities of the 
 National Intelligence Council, support the role of the 
 Director of National Intelligence as principal advisor 
 to the President on intelligence matters.
 (7) Inform the elements of the intelligence community 
 of the activities and decisions related to missions 
 assigned to the National Intelligence Management 
 Council.
 (8) Maintain awareness, across various functions and 
 disciplines, of the mission-related activities and 
 budget planning of the intelligence community.
 (9) Evaluate, with respect to assigned mission 
 objectives, requirements, and unmet requirements, the 
 implementation of the budget of each element of the 
 intelligence community.
 (10) Provide oversight on behalf of, and make 
 recommendations to, the Director of National 
 Intelligence on the extent to which the activities, 
 program recommendations, and budget proposals made by 
 elements of the intelligence community sufficiently 
 address mission objectives, intelligence gaps, and 
 unmet requirements.
 (d) Mission Management of Members.--Members of the National 
Intelligence Management Council, under the direction of the 
Director of National Intelligence, shall serve as mission 
managers to ensure integration among the elements of the 
intelligence community and across intelligence functions, 
disciplines, and activities for the purpose of achieving unity 
of effort and effect, including through the following 
responsibilities:
 (1) Planning and programming efforts.
 (2) Budget and program execution oversight.
 (3) Engagement with elements of the intelligence 
 community and with policymakers in other agencies.
 (4) Workforce competencies and training activities.
 (5) Development of capability requirements.
 (6) Development of governance fora, policies, and 
 procedures.
 (e) Staff; Availability.--
 (1) Staff.--The Director of National Intelligence 
 shall make available to the National Intelligence 
 Management Council such staff as may be necessary to 
 assist the National Intelligence Management Council in 
 carrying out the responsibilities described in this 
 section.
 (2) Availability.--Under the direction of the 
 Director of National Intelligence, the National 
 Intelligence Management Council shall make reasonable 
 efforts to advise and consult with officers and 
 employees of other departments or agencies, or 
 components thereof, of the United States Government not 
 otherwise associated with the intelligence community.
 (f) Support From Elements of the Intelligence Community.--The 
heads of the elements of the intelligence community shall 
provide appropriate support to the National Intelligence 
Management Council, including with respect to intelligence 
activities, as required by the Director of National 
Intelligence.
 (g) National Intelligence Manager for the People's Republic 
of China.--
 (1) Establishment.--Not later than 180 days after the 
 date of the enactment of the Intelligence Authorization 
 Act for Fiscal Year 2026 and subject to paragraph (2), 
 the Director of National Intelligence shall appoint a 
 member of the National Intelligence Management Council 
 as the National Intelligence Manager for matters 
 relating to the People's Republic of China.
 (2) Waiver.--
 (A) In general.--The Director of National 
 Intelligence may waive the requirement under 
 paragraph (1) if the Director of National 
 Intelligence submits to the congressional 
 intelligence committees a certification that 
 the appointment described in paragraph (1) 
 would not advance the national security 
 interests of the United States.
 (B) Period of waiver.--A waiver under 
 subparagraph (A) shall apply for the two-year 
 period beginning on the date on which the 
 Director of National Intelligence submits the 
 certification described in such subparagraph. 
 The Director may renew the period of 
 applicability of a waiver by submitting 
 additional certifications under such 
 subparagraph.
 (3) Termination.--The requirements of this subsection 
 shall terminate on December 31, 2030.

 * * * * * * *

SEC. 106A. DIRECTOR OF THE NATIONAL RECONNAISSANCE OFFICE.

 (a) In General.--There is a Director of the National 
Reconnaissance Office.
 (b) Appointment.--The Director of the National Reconnaissance 
Office shall be appointed by the President, by and with the 
advice and consent of the Senate.
 (c) Functions and Duties.--The Director of the National 
Reconnaissance Office shall be the head of the National 
Reconnaissance Office and shall discharge such functions and 
duties as are provided by this Act or otherwise by law or 
executive order.
 [(d) Advisory Board.--
 [(1) Establishment.--There is established in the 
 National Reconnaissance Office an advisory board (in 
 this section referred to as the ``Board'').
 [(2) Duties.--The Board shall--
 [(A) study matters relating to the mission of 
 the National Reconnaissance Office, including 
 with respect to promoting innovation, 
 competition, and resilience in space, overhead 
 reconnaissance, acquisition, and other matters; 
 and
 [(B) advise and report directly to the 
 Director with respect to such matters.
 [(3) Members.--
 [(A) Number and appointment.--
 [(i) In general.--The Board shall be 
 composed of up to 8 members appointed 
 by the Director, in consultation with 
 the Director of National Intelligence 
 and the Secretary of Defense, from 
 among individuals with demonstrated 
 academic, government, business, or 
 other expertise relevant to the mission 
 and functions of the National 
 Reconnaissance Office, and who do not 
 present any actual or potential 
 conflict of interest.
 [(ii) Membership structure.--The 
 Director shall ensure that no more than 
 2 concurrently serving members of the 
 Board qualify for membership on the 
 Board based predominantly on a single 
 qualification set forth under clause 
 (i).
 [(iii) Notification.--Not later than 
 30 days after the date on which the 
 Director appoints a member to the 
 Board, the Director shall notify the 
 congressional intelligence committees 
 and the congressional defense 
 committees (as defined in section 
 101(a) of title 10, United States Code) 
 of such appointment.
 [(B) Terms.--Each member shall be appointed 
 for a term of 2 years. Except as provided by 
 subparagraph (C), a member may not serve more 
 than three terms.
 [(C) Vacancy.--Any member appointed to fill a 
 vacancy occurring before the expiration of the 
 term for which the member's predecessor was 
 appointed shall be appointed only for the 
 remainder of that term. A member may serve 
 after the expiration of that member's term 
 until a successor has taken office.
 [(D) Chair.--The Board shall have a Chair, 
 who shall be appointed by the Director from 
 among the members.
 [(E) Travel expenses.--Each member shall 
 receive travel expenses, including per diem in 
 lieu of subsistence, in accordance with 
 applicable provisions under subchapter I of 
 chapter 57 of title 5, United States Code.
 [(F) Executive secretary.--The Director may 
 appoint an executive secretary, who shall be an 
 employee of the National Reconnaissance Office, 
 to support the Board.
 [(4) Meetings.--The Board shall meet not less than 
 quarterly, but may meet more frequently at the call of 
 the Director.
 [(5) Charter.--The Director shall establish a charter 
 for the Board that includes the following:
 [(A) Mandatory processes for identifying 
 potential conflicts of interest, including the 
 submission of initial and periodic financial 
 disclosures by Board members.
 [(B) The vetting of potential conflicts of 
 interest by the designated agency ethics 
 official, except that no individual waiver may 
 be granted for a conflict of interest 
 identified with respect to the Chair of the 
 Board.
 [(C) The establishment of a process and 
 associated protections for any whistleblower 
 alleging a violation of applicable conflict of 
 interest law, Federal contracting law, or other 
 provision of law.
 [(6) Reports.--Not later than March 31 of each year, 
 the Board shall submit to the Director and to the 
 congressional intelligence committees a report on the 
 activities and significant findings of the Board during 
 the preceding year.
 [(7) Nonapplicability of certain requirements.--The 
 Federal Advisory Committee Act (5 U.S.C. App.) shall 
 not apply to the Board.
 [(8) Termination.--The Board shall terminate on 
 August 31, 2027.]

 * * * * * * *

 [annual report on hiring and retention of minority employees

 [Sec. 114.
 [(a) The Director of National Intelligence shall, on an 
annual basis, submit to Congress a report on the employment of 
covered persons within each element of the intelligence 
community for the preceding fiscal year and the preceding 5 
fiscal years.
 [(b) Each such report shall include data, disaggregated by 
category of covered person and by element of the intelligence 
community, on the following:
 [(1) Of all individuals employed in the element 
 during the fiscal year involved, the aggregate 
 percentage of such individuals who are covered persons.
 [(2) Of all individuals employed in the element 
 during the fiscal year involved at the levels referred 
 to in subparagraphs (A) and (B), the percentage of 
 covered persons employed at such levels:
 [(A) Positions at levels 1 through 15 of the 
 General Schedule.
 [(B) Positions at levels above GS-15.
 [(3) Of all individuals hired by the element involved 
 during the fiscal year involved, the percentage of such 
 individuals who are covered persons.
 [(c) Each such report shall be submitted in unclassified 
form, but may contain a classified annex.
 [(d) Nothing in this section shall be construed as providing 
for the substitution of any similar report required under 
another provision of law.
 [(e) In this section the term ``covered persons'' means--
 [(1) racial and ethnic minorities;
 [(2) women; and
 [(3) individuals with disabilities.]

 * * * * * * *

 [annual report on financial intelligence on terrorist assets

 [Sec. 118. (a) Annual Report.--On an annual basis, the 
Secretary of the Treasury (acting through the head of the 
Office of Intelligence Support) shall submit a report to the 
appropriate congressional committees that fully informs the 
committees concerning operations against terrorist financial 
networks. Each such report shall include with respect to the 
preceding one-year period--
 [(1) the total number of asset seizures, 
 designations, and other actions against individuals or 
 entities found to have engaged in financial support of 
 terrorism;
 [(2) the total number of physical searches of 
 offices, residences, or financial records of 
 individuals or entities suspected of having engaged in 
 financial support for terrorist activity; and
 [(3) whether the financial intelligence information 
 seized in these cases has been shared on a full and 
 timely basis with the all departments, agencies, and 
 other entities of the United States Government involved 
 in intelligence activities participating in the Foreign 
 Terrorist Asset Tracking Center.
 [(b) Immediate Notification for Emergency Designation.--In 
the case of a designation of an individual or entity, or the 
assets of an individual or entity, as having been found to have 
engaged in terrorist activities, the Secretary of the Treasury 
shall report such designation within 24 hours of such a 
designation to the appropriate congressional committees.
 [(c) Submittal Date of Reports to Congressional Intelligence 
Committees.--In the case of the reports required to be 
submitted under subsection (a) to the congressional 
intelligence committees, the submittal dates for such reports 
shall be as provided in section 507.
 [(d) Appropriate Congressional Committees Defined.--In this 
section, the term ``appropriate congressional committees'' 
means the following:
 [(1) The Permanent Select Committee on Intelligence, 
 the Committee on Appropriations, the Committee on Armed 
 Services, and the Committee on Financial Services of 
 the House of Representatives.
 [(2) The Select Committee on Intelligence, the 
 Committee on Appropriations, the Committee on Armed 
 Services, and the Committee on Banking, Housing, and 
 Urban Affairs of the Senate.]

 * * * * * * *

SEC. 119C. FOREIGN MALIGN INFLUENCE CENTER.

 (a) Establishment.--There is within the Office of the 
Director of National Intelligence a Foreign Malign Influence 
Center (in this section referred to as the ``Center'').
 (b) Functions and Composition.--The Center shall--
 (1) be comprised of analysts from all elements of the 
 intelligence community, including elements with 
 diplomatic and law enforcement functions;
 (2) have access to all intelligence and other 
 reporting possessed or acquired by the United States 
 Government pertaining to foreign malign influence;
 (3) serve as the primary organization in the United 
 States Government for analyzing and integrating all 
 intelligence possessed or acquired by the United States 
 Government pertaining to foreign malign influence; and
 (4) provide to employees and officers of the Federal 
 Government in policy-making positions and Congress 
 comprehensive assessments, and indications and 
 warnings, of foreign malign influence.
 (c) Director.--
 (1) Appointment.--There is a Director of the Center, 
 who shall be the head of the Center, and who shall be 
 appointed by the Director of National Intelligence.
 (2) Role.--The Director of the Center shall--
 (A) report directly to the Director of 
 National Intelligence;
 (B) carry out the functions under subsection 
 (b); and
 (C) at the request of the President or the 
 Director of National Intelligence, develop and 
 provide recommendations for potential responses 
 by the United States to foreign malign 
 influence.
 [(d) Annual Reports.--
 [(1) In general.--In addition to the matters 
 submitted pursuant to subsection (b)(4), at the 
 direction of the Director of National Intelligence, but 
 not less than once each year, the Director of the 
 Center shall submit to the congressional intelligence 
 committees, the Committee on Foreign Affairs of the 
 House of Representatives, and the Committee on Foreign 
 Relations of the Senate a report on foreign malign 
 influence.
 [(2) Matters included.--Each report under paragraph 
 (1) shall include, with respect to the period covered 
 by the report, a discussion of the following:
 [(A) The most significant activities of the 
 Center.
 [(B) Any recommendations the Director 
 determines necessary for legislative or other 
 actions to improve the ability of the Center to 
 carry out its functions, including 
 recommendations regarding the protection of 
 privacy and civil liberties.]
 [(e)] (d) Definitions.--In this section:
 (1) Covered foreign country.--The term ``covered 
 foreign country'' means the following:
 (A) The Russian Federation.
 (B) The Islamic Republic of Iran.
 (C) The Democratic People's Republic of 
 Korea.
 (D) The People's Republic of China.
 (E) Any other foreign country that the 
 Director of the Center determines appropriate 
 for purposes of this section.
 (2) Foreign malign influence.--The term ``foreign 
 malign influence'' means any hostile effort undertaken 
 by, at the direction of, or on behalf of or with the 
 substantial support of, the government of a covered 
 foreign country with the objective of influencing, 
 through overt or covert means--
 (A) the political, military, economic, or 
 other policies or activities of the United 
 States Government or State or local 
 governments, including any election within the 
 United States; or
 (B) the public opinion within the United 
 States.

 * * * * * * *

SEC. 121. COUNTERINTELLIGENCE AND NATIONAL SECURITY PROTECTIONS FOR 
 INTELLIGENCE COMMUNITY GRANT FUNDING.

 (a) Disclosure as Condition for Receipt of Grant.--The head 
of an element of the intelligence community may not award a 
grant to a person or entity unless the person or entity has 
certified to the head of the element that the person or entity 
has disclosed to the head of the element any material financial 
or material in-kind support that the person or entity knows, or 
should have known, derives from the People's Republic of China, 
the Russian Federation, the Islamic Republic of Iran, the 
Democratic People's Republic of Korea, or the Republic of Cuba, 
during the 5-year period ending on the date of the person or 
entity's application for the grant.
 (b) Process for Review of Grant Applicants Prior to Award.--
 (1) In general.--The head of an element of the 
 intelligence community may not award a grant to a 
 person or entity who submitted a certification under 
 subsection (a) until such certification is received by 
 the head of an element of the intelligence community 
 and submitted to the Director of National Intelligence 
 pursuant to the process set forth in paragraph (2).
 (2) Process.--
 (A) In general.--The Director of National 
 Intelligence, in coordination with such heads 
 of elements of the intelligence community as 
 the Director considers appropriate, shall 
 establish a process to review the awarding of a 
 grant to an applicant who submitted a 
 certification under subsection (a).
 (B) Elements.--The process established under 
 subparagraph (A) shall include the following:
 (i) The immediate transmission of a 
 copy of each applicant's certification 
 made under subsection (a) to the 
 Director of National Intelligence.
 (ii) The review of the certification 
 and any accompanying disclosures 
 submitted under subsection (a) as soon 
 as practicable.
 (iii) Authorization for the heads of 
 the elements of the intelligence 
 community to take such actions as may 
 be necessary, including denial or 
 revocation of a grant, to ensure a 
 grant does not pose an unacceptable 
 risk of--
 (I) misappropriation of 
 United States intellectual 
 property, research and 
 development, and innovation 
 efforts; or
 (II) other 
 counterintelligence threats.
 [(c) Annual Report Required.--Not later than 1 year after the 
date of the enactment of the Intelligence Authorization Act for 
Fiscal Year 2023 and not less frequently than once each year 
thereafter, the Director of National Intelligence shall submit 
to the congressional intelligence committees an annual report 
identifying the following for the 1-year period covered by the 
report:
 [(1) The number of applications for grants received 
 by each element of the intelligence community.
 [(2) The number of such applications that were 
 reviewed using the process established under subsection 
 (b)(2), disaggregated by element of the intelligence 
 community.
 [(3) The number of such applications that were denied 
 and the number of grants that were revoked, pursuant to 
 the process established under subsection (b)(2), 
 disaggregated by element of the intelligence 
 community.]

 * * * * * * *

SEC. 123. DESIGNATION OF SENIOR OFFICIALS FOR BIOTECHNOLOGY.

 (a) Designation.--The head of each element of the 
intelligence community specified in subsection (b) shall 
designate a senior official of such element to serve as the 
official responsible for the activities of such element 
relating to biotechnology.
 (b) Specified Elements.--The elements of the intelligence 
community specified in this subsection are the following:
 (1) The Office of the Director of National 
 Intelligence.
 (2) The Central Intelligence Agency.
 (3) The National Security Agency.
 (4) The Defense Intelligence Agency.
 (5) The intelligence elements of the Federal Bureau 
 of Investigation.
 (6) The Office of Intelligence and 
 Counterintelligence of the Department of Energy.
 (7) The Bureau of Intelligence and Research of the 
 Department of State.
 (8) The Office of Intelligence and Analysis of the 
 Department of Homeland Security.
 (c) Notice to Congress.--Not later than 15 days after 
designating a senior official under this section, the head of 
the element of the intelligence community designating such 
official shall submit to the congressional intelligence 
committees notice of the designation.

SEC. 124. EFFICIENT USE OF OPEN-SOURCE INTELLIGENCE.

 (a) Efficient Use Required.--The Director of National 
Intelligence shall ensure that the intelligence community makes 
efficient and effective use of open-source intelligence.
 (b) Designation of Responsible Officials.--
 (1) In general.--In carrying out subsection (a), the 
 Director of National Intelligence, in consultation with 
 the heads of the other elements of the intelligence 
 community, shall designate an official of the 
 intelligence community who shall be responsible for the 
 implementation, standardization, and harmonization of 
 the collection and use of open-source intelligence for 
 each of the following areas:
 (A) Training, tradecraft, and 
 professionalization.
 (B) Technology innovation and tool 
 development.
 (C) Data acquisition, cataloging, and 
 sharing.
 (D) Collection management and requirements.
 (E) Partnerships and collaborations with 
 entities that are not elements of the 
 intelligence community, including with respect 
 to the dissemination of open-source 
 intelligence products and tools to departments 
 and agencies of the Federal Government that are 
 not elements of the intelligence community.
 (F) Standards and governance.
 (2) Authority to select single official for multiple 
 areas.--The Director of National Intelligence may 
 designate a single official to be responsible for more 
 than one of the areas identified in subparagraphs (A) 
 through (F) of paragraph (1).
 (c) Additional Requirements for Efficient Use.--In carrying 
out subsection (a), the Director of National Intelligence 
shall, to the extent practicable--
 (1) minimize the duplication of open-source 
 intelligence activities and open-source funding 
 allocations among elements of the intelligence 
 community; and
 (2) ensure that all open-source intelligence efforts 
 undertaken by elements of the intelligence community 
 are appropriately coordinated, documented, and 
 disclosed to the other elements of the intelligence 
 community.
 (d) Rule of Construction.--Nothing in this section shall be 
construed to affect the applicability of any law or regulation 
relating to the privacy or civil liberties of United States 
persons or data pertaining to United States persons.
 (e) Open-source Intelligence Defined.--The term ``open-source 
intelligence'' has the meaning given that term in section 601 
of the Intelligence Authorization Act for Fiscal Year 2026.

SEC. 125. OVERSIGHT OF ACQUISITION OF COMMERCIALLY AVAILABLE 
 INFORMATION.

 (a) Designation.--The Director of National Intelligence shall 
designate an official within the intelligence community to 
oversee the acquisition and management of commercially 
available information by the elements of the intelligence 
community.
 (b) Duties.--The official designated under subsection (a) 
shall--
 (1) ensure there is deconfliction of the acquisition 
 of commercially available information;
 (2) prevent unnecessary duplicative acquisitions;
 (3) maximize interoperability and data sharing and 
 minimize acquisitions costs;
 (4) coordinate information requirements between 
 elements of the intelligence community and vendors 
 providing commercially available information to ensure 
 clear and concise specifications that outline the 
 necessary features, quality standards, performance 
 indicators, delivery timelines, and any other essential 
 details;
 (5) document such requirements in formats common to 
 the elements of the intelligence community to ensure a 
 shared understanding of the information being 
 requested;
 (6) establish an evaluation methodology to manage 
 procurement metrics; and
 (7) carry out such additional duties relating to the 
 acquisition and management of commercially available 
 information by the elements of the intelligence 
 community as the Director of National Intelligence 
 considers appropriate.
 (c) Annual Review.--Not later than May 31, 2027, and annually 
thereafter for two years, the official designated under 
subsection (a) shall provide to the congressional intelligence 
committees a briefing on the acquisition of commercially 
available information.
 (d) Commercially Available Information Defined.--The term 
``commercially available information'' has the meaning given 
that term in section 601 of the Intelligence Authorization Act 
for Fiscal Year 2026.

 * * * * * * *

 TITLE III--MISCELLANEOUS

 * * * * * * *

 TITLE IV--NATIONAL COUNTERINTELLIGENCE CENTER

 Subtitle A--Organization

SEC. 401. ESTABLISHMENT; DIRECTOR.

 (a) Establishment.--There is within the Office of the 
Director of National Intelligence a National 
Counterintelligence Center.
 (b) Director of the National Counterintelligence Center.--
 (1) Appointment.--There is a Director of the National 
 Counterintelligence Center, who shall be the head of 
 the National Counterintelligence Center and who shall 
 be appointed by the President, by and with the advice 
 and consent of the Senate.
 (2) Principal advisor for counterintelligence.--The 
 Director of the National Counterintelligence Center 
 shall serve as the principal advisor to the President 
 and the Director of National Intelligence with respect 
 to counterintelligence matters.
 (3) Reporting.--The Director of the National 
 Counterintelligence Center shall report to the Director 
 of National Intelligence.

SEC. 402. PERSONNEL.

 Subject to the authority, direction, and control of the 
Director of National Intelligence, the Director of the National 
Counterintelligence Center may exercise the authorities of the 
Director of National Intelligence under subsections (l) and (m) 
of section 102A with respect to personnel of the National 
Counterintelligence Center.

SEC. 403. NATIONAL COUNTERINTELLIGENCE TASK FORCE.

 (a) Establishment.--The Director of the National 
Counterintelligence Center shall establish a task force to be 
known as the ``National Counterintelligence Task Force'' (in 
this section referred to as the ``Task Force'').
 (b) Membership.--The Task Force shall be composed of the 
following:
 (1) The Director of the National Counterintelligence 
 Center, who shall serve as chair of the Task Force.
 (2) A designee of the head of each element of the 
 intelligence community.
 (3) A designee of any other department or agency of 
 the Federal Government that the Director of the 
 National Counterintelligence Center and the head of 
 such department or agency considers appropriate.
 (4) Such other persons as the Director of the 
 National Counterintelligence Center considers 
 appropriate.
 (c) Duties.--The Task Force shall carry out such duties as 
are assigned to the Task Force by the Director.

 Subtitle B--Mission, Duties, and Authorities

SEC. 411. MISSION.

 The mission of the National Counterintelligence Center shall 
be to direct, coordinate, and carry out counterintelligence 
activities.

SEC. 412. DUTIES.

 (a) In General.--The Director of the National 
Counterintelligence Center shall lead and direct all efforts of 
the Federal Government with respect to--
 (1) countering, denying, disrupting, and degrading 
 intelligence operations by foreign entities;
 (2) deceiving, exploiting, and shaping the 
 intelligence gathering plans, intentions, operations, 
 and perceived effectiveness of foreign entities;
 (3) coordinating, deconflicting, authorizing, and 
 directing the execution of counterintelligence 
 activities by the intelligence community;
 (4) strategic operational planning for 
 counterintelligence activities;
 (5) countering foreign influence operations;
 (6) countering foreign denial and deception 
 activities;
 (7) assessing foreign intelligence capabilities and 
 addressing counterintelligence collection gaps and 
 strategic threats;
 (8) mitigating counterintelligence risks and 
 vulnerabilities;
 (9) analyzing and producing counterintelligence 
 products;
 (10) evaluating technical counterintelligence 
 capabilities and resources;
 (11) evaluating and establishing interagency 
 processes and methods to resolve counterintelligence 
 anomalies;
 (12) assessing integration shortfalls and leading 
 efforts to maximize the integration of data and 
 expertise to address foreign intelligence threats and 
 improve counterintelligence;
 (13) advocating for and providing education and 
 training relating to counterintelligence and countering 
 foreign influence operations; and
 (14) such other matters relating to 
 counterintelligence as the Director of National 
 Intelligence may direct.
 (b) Additional Specific Duties.--In addition to the duties 
described in subsection (a), the Director of the National 
Counterintelligence Center shall--
 (1) establish and prioritize requirements for the 
 collection, analysis, and dissemination of 
 counterintelligence information by the intelligence 
 community;
 (2) evaluate the effectiveness of the elements of the 
 intelligence community in using funds available under 
 the National Counterintelligence Program to carry out 
 counterintelligence activities and achieve 
 counterintelligence goals;
 (3) engage international partners to conduct 
 information sharing and joint operations and enhance 
 capabilities with respect to counterintelligence;
 (4) establish doctrine, certification, and tradecraft 
 standards and requirements for execution of offensive 
 counterintelligence activities;
 (5) carry out damage assessments under section 415;
 (6) establish a polygraph program for 
 counterintelligence purposes, including to support 
 damage assessments under section 415 and other 
 departments and agencies of the Federal Government;
 (7) establish a centralized system for the 
 intelligence community for the storage of and access to 
 information on foreign intelligence threat actors;
 (8) support departments and agencies of the Federal 
 Government that are not elements of the intelligence 
 community with counterintelligence matters and 
 resources;
 (9) conduct outreach on counterintelligence matters 
 to State, local, and tribal governments and public- and 
 private-sector organizations and establish an 
 information-sharing framework to allow Federal, State, 
 local, and tribal governments and public- and private-
 sector organizations to share information on suspected 
 foreign intelligence threats; and
 (10) establish procedures, policies, and information-
 sharing frameworks for watchlisting, screening, 
 vetting, and suspicious activity reporting for 
 counterintelligence purposes.

SEC. 413. AUTHORITY TO DIRECT AND CARRY OUT COUNTERINTELLIGENCE 
 ACTIVITIES.

 (a) Authority of Director.--In carrying out the mission and 
duties of the National Counterintelligence Center, the Director 
of the National Counterintelligence Center may--
 (1) carry out a counterintelligence activity;
 (2) direct the head of an element of the intelligence 
 community to carry out a counterintelligence activity;
 (3) direct the head of an element of the intelligence 
 community to receive the concurrence of the Director 
 before such element carries out a counterintelligence 
 activity;
 (4) access all counterintelligence information, 
 including investigative and operational information, in 
 the possession of an element of the intelligence 
 community;
 (5) direct the head of department or agency of the 
 Federal Government to provide the Director with 
 information the Director considers necessary to carry 
 out a damage assessment under section 415 or in any 
 other circumstance where the Director determines a 
 damage assessment is appropriate;
 (6) direct the head of an element of the intelligence 
 community to embed within such element an individual 
 designated by the Director to serve as a liaison 
 between such element and the Director with respect to 
 counterintelligence activities;
 (7) delegate authority to carry out a 
 counterintelligence activity to the head of an element 
 of the intelligence community; and
 (8) transfer funds made available to the National 
 Counterintelligence Center to another department or 
 agency of the Federal Government to support 
 counterintelligence activities of that department or 
 agency.
 (b) Duties of Elements of the Intelligence Community.--The 
head of each element of the intelligence community--
 (1) shall carry out each counterintelligence activity 
 that the Director of the National Counterintelligence 
 Center directs the head of such element to carry out;
 (2) may not carry out a counterintelligence activity 
 with respect to which the Director of the National 
 Counterintelligence Center directs the head of such 
 element to receive the concurrence of the Director 
 before such element carries out such 
 counterintelligence activity until the head of such 
 element receives such concurrence;
 (3) provide access to all counterintelligence 
 information in the possession of such element that is 
 requested by the Director of the National 
 Counterintelligence Center;
 (4) provide information as the Director of the 
 National Counterintelligence Center considers necessary 
 to carry out a damage assessment under section 415 or 
 in any other circumstance where the Director determines 
 a damage assessment is appropriate;
 (5) embed within such element an individual 
 designated by the Director to serve as a liaison 
 between such element and the Director with respect to 
 counterintelligence activities; and
 (6) promptly notify the Director of the National 
 Counterintelligence Center of--
 (A) each counterintelligence investigation 
 initiated by the head of such element; and
 (B) any intended or pending arrest of a 
 person in a counterintelligence investigation.
 (c) Clarification of Prosecutorial Discretion.--Nothing in 
this section shall be construed to affect the authority of the 
Attorney General to prosecute a violation of Federal criminal 
law.

SEC. 414. COORDINATION OF COUNTERINTELLIGENCE MATTERS WITH THE FEDERAL 
 BUREAU OF INVESTIGATION.

 [(1)] (a) Coordination._Except as provided in [paragraph (5)] 
subsection (e), the head of each department or agency within 
the executive branch shall ensure that--
 [(A)] (1) the Federal Bureau of Investigation and the 
 Director of the National Counterintelligence Center is 
 advised immediately of any information, regardless of 
 its origin, which indicates that classified information 
 is being, or may have been, disclosed in an 
 unauthorized manner to a foreign power or an agent of a 
 foreign power;
 [(B)] (2) following a report made pursuant to 
 [subparagraph (A)] paragraph (1), the Federal Bureau of 
 Investigation is consulted with respect to all 
 subsequent actions which may be undertaken by the 
 department or agency concerned to determine the source 
 of such loss or compromise; and
 [(C)] (3) where, after appropriate consultation with 
 the department or agency concerned, the Federal Bureau 
 of Investigation undertakes investigative activities to 
 determine the source of the loss or compromise, the 
 Federal Bureau of Investigation is given complete and 
 timely access to the employees and records of the 
 department or agency concerned for purposes of such 
 investigative activities.
 [(2)] (b) Espionage Information._[Except as provided in 
paragraph (5)] Except as provided in subsection (e), the 
Director of the Federal Bureau of Investigation shall ensure 
that espionage information obtained by the Federal Bureau of 
Investigation pertaining to the personnel, operations, or 
information of departments or agencies of the executive branch, 
is provided through appropriate channels in a timely manner to 
the department or agency concerned, and that such departments 
or agencies are consulted in a timely manner with respect to 
espionage investigations undertaken by the Federal Bureau of 
Investigation which involve the personnel, operations, or 
information of such department or agency.
 [(3)] (c) Impact assessment._[(A)] (1) The Director of the 
Federal Bureau of Investigation shall submit to the head of the 
department or agency concerned a written assessment of the 
potential impact of the actions of the department or agency on 
a counterintelligence investigation.
 [(B)] (2) The head of the department or agency concerned 
shall--
 [(i)] (A) use an assessment under [subparagraph (A)] 
 paragraph (1) as an aid in determining whether, and 
 under what circumstances, the subject of an 
 [investigation under paragraph (1)] investigation under 
 subsection (a) should be left in place for 
 investigative purposes; and
 [(ii)] (B) notify in writing the Director of the 
 Federal Bureau of Investigation of such determination.
 [(C)] (3) The Director of the Federal Bureau of Investigation 
and the head of the department or agency concerned shall 
continue to consult, as appropriate, to review the status of an 
investigation covered by this paragraph, and to reassess, as 
appropriate, a determination of the head of the department or 
agency concerned to leave a subject in place for investigative 
purposes.
 [(4)] (d) Notification of Full Espionage Investigation._[(A)] 
(1) The Federal Bureau of Investigation shall notify 
appropriate officials within the executive branch, including 
the head of the department or agency concerned, of the 
commencement of a full field espionage investigation with 
respect to an employee within the executive branch.
 [(B)] (2) A department or agency may not conduct a polygraph 
examination, interrogate, or otherwise take any action that is 
likely to alert an employee covered by a notice under 
[subparagraph (A)] paragraph (1) of an investigation described 
in that subparagraph without prior coordination and 
consultation with the Federal Bureau of Investigation.
 [(5)] (e) Waiver._Where essential to meet extraordinary 
circumstances affecting vital national security interests of 
the United States, the President may on a case-by-case basis 
waive the requirements of [paragraph (1), (2), or (3)] 
subsection (a), (b), or (c), as they apply to the head of a 
particular department or agency, or the Director of the Federal 
Bureau of Investigation. Such waiver shall be in writing and 
shall fully state the justification for such waiver. Within 
thirty days, the President shall notify the Select Committee on 
Intelligence of the Senate and the Permanent Select Committee 
on Intelligence of the House of Representatives that such 
waiver has been issued, and at that time or as soon as national 
security considerations permit, provide these committees with a 
complete explanation of the circumstances which necessitated 
such waiver.
 [(6)] (f) Rule of Construction._Nothing in this section may 
be construed to alter the existing jurisdictional arrangements 
between the Federal Bureau of Investigation and the Department 
of Defense with respect to investigations of persons subject to 
the Uniform Code of Military Justice, nor to impose additional 
reporting requirements upon the Department of Defense with 
respect to such investigations beyond those required by 
existing law and executive branch policy.
 [(7)] (g) Definitions._As used in this section, the terms 
``foreign power'' and ``agent of a foreign power'' have the 
same meanings as set forth in subsections (a) and (b) of 
section 101, respectively, of the Foreign Intelligence 
Surveillance Act of 1978 (50 U.S.C. 1801).

SEC. [1105A.] 415. NOTICE AND DAMAGE ASSESSMENT WITH RESPECT TO 
 SIGNIFICANT UNAUTHORIZED DISCLOSURE OR COMPROMISE 
 OF CLASSIFIED NATIONAL INTELLIGENCE.

 (a) Notification and Damage Assessment Requirements.--
 (1) Requirements.--If the [Director of National 
 Intelligence] Director of the National 
 Counterintelligence Center becomes aware of an actual 
 or potential significant unauthorized disclosure or 
 compromise of classified national intelligence--
 (A) as soon as practicable, but not later 
 than 7 days after the date on which the 
 Director becomes so aware, the Director shall 
 notify the congressional intelligence 
 committees of such actual or potential 
 disclosure or compromise; and
 (B) in the case of an actual disclosure or 
 compromise, not later than 7 days after the 
 date on which the Director becomes so aware, 
 the Director or the head of any element of the 
 intelligence community from which the 
 significant unauthorized disclosure or 
 compromise originated shall initiate a damage 
 assessment consistent with the procedures set 
 forth in Intelligence Community Directive 732 
 (relating to the conduct of damage 
 assessments), or successor directive, with 
 respect to such disclosure or compromise.
 (2) Contents of notification.--A notification 
 submitted to the congressional intelligence committees 
 under paragraph (1)(A) with respect to an actual or 
 potential significant unauthorized disclosure or 
 compromise of classified national intelligence shall 
 include--
 (A) a summary of the facts and circumstances 
 of such disclosure or compromise;
 (B) a summary of the contents of the national 
 intelligence revealed or potentially revealed, 
 as the case may be, by such disclosure or 
 compromise;
 (C) an initial appraisal of the level of 
 actual or potential damage, as the case may be, 
 to the national security of the United States 
 as a result of such disclosure or compromise; 
 and
 (D) in the case of an actual disclosure or 
 compromise, which elements of the intelligence 
 community will be involved in the damage 
 assessment conducted with respect to such 
 disclosure or compromise pursuant to paragraph 
 (1)(B).
 (b) Damage Assessment Reporting Requirements.--
 (1) Recurring reporting requirement.--Not later than 
 30 days after the date of the initiation of a damage 
 assessment pursuant to subsection (a)(1)(B), and every 
 90 days thereafter until the completion of the damage 
 assessment or upon the request of the congressional 
 intelligence committees, the [Director of National 
 Intelligence] Director of the National 
 Counterintelligence Center shall--
 (A) submit to the congressional intelligence 
 committees copies of any documents or materials 
 disclosed as a result of the significant 
 unauthorized disclosure or compromise of the 
 classified national intelligence that is the 
 subject of the damage assessment; and
 (B) provide to the congressional intelligence 
 committees a briefing on such documents and 
 materials and a status of the damage 
 assessment.
 (2) Final damage assessment.--As soon as practicable 
 after completing a damage assessment pursuant to 
 subsection (a)(1)(B), the [Director of National 
 Intelligence] Director of the National 
 Counterintelligence Center shall submit the final 
 damage assessment to the congressional intelligence 
 committees.
 (c) Notification of Referral to Department of Justice.--If a 
referral is made to the Department of Justice from any element 
of the intelligence community regarding a significant 
unauthorized disclosure or compromise of classified national 
intelligence under this section, the [Director of National 
Intelligence] Director of the National Counterintelligence 
Center shall notify the congressional intelligence committees 
of the referral on the date such referral is made.
 (d) Requirements for Federal Agencies.--
 (1) In general.--The head of each department or 
 agency of the Federal Government shall--
 (A) not later than 7 days after the head of 
 such department or agency becomes aware of any 
 actual or potential significant unauthorized 
 disclosure or compromise of classified national 
 intelligence, notify the Director of the 
 National Counterintelligence Center of such 
 disclosure or compromise; and
 (B) not later than 30 days after the date on 
 which the Director of the National 
 Counterintelligence Center submits a request to 
 the head of such department or agency for 
 information the Director considers necessary to 
 carry out a damage assessment pursuant to this 
 section, provide the Director of the National 
 Counterintelligence Center such information.
 (2) Notice of noncompliance.--Not later than 30 days 
 after the date on which the Director of the National 
 Counterintelligence Center determines the head of a 
 department or agency of the Federal Government has 
 violated the requirements of paragraph (1), the 
 Director shall notify the congressional intelligence 
 committees and the Inspector General of the 
 Intelligence Community of the violation.
 (3) Notice of determination that only single element 
 is impacted.--Not later than 30 days after the head of 
 a department or agency of the Federal Government 
 determines that an actual or potential significant 
 unauthorized disclosure or compromise of classified 
 national intelligence impacts only that department or 
 agency, the head of such department or agency shall 
 provide to the Director of the National 
 Counterintelligence Center notice of that 
 determination.
 (e) Semiannual Reports on Implementation.--On January 31 and 
July 31 of each year, the Director of the National 
Counterintelligence Center shall submit to the congressional 
intelligence committees a report on actual or potential 
significant unauthorized disclosures or compromises of 
classified national intelligence. Each report shall include, 
with respect to the half-year period ending on the December 31 
or June 30 preceding the submission of the report, 
respectively--
 (1) an identification of any actual or potential 
 unauthorized disclosures or compromises that occurred 
 during the period covered by the report;
 (2) the status of any action or dispensation with 
 respect to each unauthorized disclosure or compromise--
 (A) identified in accordance with paragraph 
 (1); or
 (B) for which notice and a description of the 
 final resolution has not been provided to the 
 congressional intelligence committees in a 
 report required by this subsection; and
 (3) a description of any determinations by the 
 Director that an unauthorized disclosure or compromise 
 of classified national intelligence was not significant 
 for purposes of subsection (a)(1).

 Subtitle C--National Counterintelligence Program

SEC. 421. NATIONAL COUNTERINTELLIGENCE PROGRAM.

 (a) Establishment.--There is established within the National 
Intelligence Program a National Counterintelligence Program 
consisting of--
 (1) all strategic counterintelligence activities, 
 programs, and projects of the National Intelligence 
 Program; and
 (2) the activities, programs, and projects of the 
 National Counterintelligence Center.
 (b) Budget.--The Director of the National Counterintelligence 
Center, in consultation with the heads of the elements of the 
intelligence community, shall develop and determine an annual 
budget for the National Counterintelligence Program.

 Subtitle D--Strategies, Reports, and Oversight

SEC. 431. NATIONAL COUNTERINTELLIGENCE OUTLOOK AND LONG-TERM STRATEGY 
 REPORT.

 Not less than once every five years, the Director of the 
National Counterintelligence Center shall submit to the 
congressional intelligence committees a national 
counterintelligence outlook and long-term strategy report. Such 
report shall include--
 (1) an overall forecast of the counterintelligence 
 outlook and long-term strategy for the United States;
 (2) an explanation of the strategic context of the 
 outlook and strategy;
 (3) an explanation of key drivers and trends of the 
 outlook and strategy;
 (4) projected counterintelligence capabilities of the 
 United States and of adversary foreign entities;
 (5) an identification of any risks or uncertainties 
 with respect to the outlook and strategy;
 (6) an identification of metrics or indicators with 
 respect to the outlook and strategy; and
 (7) any recommendations of the Director for policy 
 changes to meet future counterintelligence challenges.

SEC. 432. NATIONAL COUNTERINTELLIGENCE STRATEGY.

 Not less than once every three years, the Director of the 
National Counterintelligence Center shall submit to the 
congressional intelligence committees a strategy to be known as 
the ``National Counterintelligence Strategy''. Each National 
Counterintelligence Strategy shall--
 (1) align the counterintelligence activities of the 
 intelligence community toward the strategic priorities 
 of the United States;
 (2) include a plan for implementing the strategy not 
 later than one year after the date of the submission of 
 the strategy; and
 (3) include a plan for measuring the execution, 
 performance, and effectiveness of the strategy during 
 the two-year period beginning on the date on which the 
 strategy is implemented.

SEC. 433. NATIONAL THREAT IDENTIFICATION AND PRIORITIZATION ASSESSMENT.

 Not less than once every three years, the Director of the 
National Counterintelligence Center, in consultation with the 
heads of appropriate department and agencies of the Federal 
Government and private-sector entities, shall submit to the 
congressional intelligence committees a strategic planning 
assessment of the counterintelligence requirements of the 
United States to be known as the ``National Threat 
Identification and Prioritization Assessment''.

SEC. 434. ACTIVITIES OF THE NATIONAL COUNTERINTELLIGENCE TASK FORCE.

 (a) Annual Report.--Not later than December 31 of each year, 
the Director of the National Counterintelligence Center, acting 
through the National Counterintelligence Task Force, shall 
submit to the congressional intelligence committees a report 
describing the activities of the Task Force during the 
preceding fiscal year. Such report shall include--
 (1) a description of counterintelligence campaigns 
 conducted during the period covered by the report; and
 (2) a description of the efforts of the Task Force to 
 coordinate counterintelligence campaigns throughout the 
 Federal Government and the results of such efforts.
 (b) Quarterly Briefing.--The Director of the National 
Counterintelligence Center, acting through the National 
Counterintelligence Task Force, shall provide to the 
congressional intelligence committees a quarterly briefing on 
the activities of the Task Force during the preceding quarter.
 (c) Notice of Significant Vulnerabilities or Outcomes.--Not 
later than 30 days after the Director of the National 
Counterintelligence Center, acting through the National 
Counterintelligence Task Force, identifies a significant 
counterintelligence vulnerability or a significant outcome of a 
counterintelligence activity, the Director shall submit to the 
congressional intelligence committees notice and a description 
of such vulnerability or such outcome.

 TITLE V--ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

 * * * * * * *

 specificity of national intelligence program budget amounts for 
 counterterrorism, counterproliferation, counternarcotics, and 
counterintelligence; intelligence community drug control program budget

 Sec. 506. (a) In General.--The budget justification materials 
submitted to Congress in support of the budget of the President 
for a fiscal year that is submitted to Congress under section 
1105(a) of title 31, United States Code, shall set forth 
separately the aggregate amount requested for that fiscal year 
for the National Intelligence Program for each of the 
following:
 (1) Counterterrorism.
 (2) Counterproliferation.
 (3) Counternarcotics.
 (4) [Counterintelligence] The National 
 Counterintelligence Program.
 (5) With respect to fiscal years 2027 through 2029 
 and any additional fiscal years the Director of 
 National Intelligence considers appropriate, the 
 acquisition or use for intelligence purposes of 
 publicly available information (as defined in section 
 601 of the Intelligence Authorization Act for Fiscal 
 Year 2026), commercially available information (as 
 defined in such section), or any other open-source 
 information.
 (b) Additional Information With Respect to Publicly Available 
Information, Commercially Available Information, and Other 
Open-source Information.--The budget justification materials 
required by paragraph (5) of subsection (a) shall include--
 (1) a summary of the primary activities and 
 investments that the amount requested is intended to 
 support;
 (2) a disaggregation of such amount requested by 
 program, budget category, expenditure center or 
 subproject, and any other appropriate classification, 
 as determined by the Director of National Intelligence;
 (3) a comparison of the amount requested for each 
 program for the fiscal year that is the subject of such 
 materials and the amount made available for such 
 program during the preceding fiscal year;
 (4) the number of full-time equivalent civilian and 
 military personnel assigned to open-source intelligence 
 duties by program and across the intelligence 
 community; and
 (5) such other information as the Director of 
 National Intelligence considers appropriate.
 (c) Intelligence Community Drug Control Program Budget.--(1) 
The Director of National Intelligence shall annually develop a 
consolidated Intelligence Community Drug Control Program 
Budget.
 (2) Not later than 30 days after the date on which the 
Director of National Intelligence submits to the congressional 
intelligence committees the classified intelligence budget 
justification materials for a fiscal year under section 506J, 
the Director shall submit to such committees a summary of the 
consolidated Intelligence Community Drug Control Program Budget 
for that fiscal year. To the extent practicable, the Director 
shall organize such summary in a similar manner as the National 
Drug Control Program budget under section 704(c) of the Office 
of National Drug Control Policy Reauthorization Act of 1998 (21 
U.S.C. 1703(c)).
 (3) Each summary under paragraph (2) shall include the 
following:
 (A) A certification by the Director stating that the 
 consolidated Intelligence Community Drug Control 
 Program Budget is designed to implement the 
 responsibilities of the intelligence community in 
 support of the counter-drug efforts of the United 
 States, as reflected in the National Drug Control 
 Strategy under section 706 of the Office of National 
 Drug Control Policy Reauthorization Act of 1998 (21 
 U.S.C. 1705) and the National Interdiction Command and 
 Control Plan under section 711(a)(4) of such Act (21 
 U.S.C. 1710(a)(4)).
 (B) A description of the key accomplishments of the 
 intelligence community with respect to counternarcotics 
 during the fiscal year in which the summary is 
 submitted and the previous fiscal year.
 (C) The total amounts requested for the National 
 Intelligence Program for counternarcotics for the 
 fiscal year covered by the summary and for the previous 
 fiscal year.
 (D) Each of the total amounts under subparagraph (C), 
 disaggregated by each element of the intelligence 
 community at the expenditure center, project, and 
 subproject levels.
 (E) Any other information the Director determines 
 appropriate to provide the congressional intelligence 
 committees with a consolidated, comprehensive, and 
 detailed understanding of the amounts, activities, and 
 purposes of the amounts requested for the National 
 Intelligence Program for counternarcotics for the 
 fiscal year covered by the summary.
 (4) Each head of an element of the intelligence community 
shall timely provide to the Director of National Intelligence 
the information the Director requires to develop each summary 
under paragraph (2).
 [(b)] (d) Election of Classified or Unclassified Form.--
[Amounts set forth under subsection (a)] Information required 
under this section may be set forth in unclassified form or 
classified form, at the election of the Director of National 
Intelligence.

 * * * * * * *

 dates for submittal of various annual and semiannual reports to the 
 congressional intelligence committees

 Sec. 507. (a) Annual Reports.--The date for the submittal to 
the congressional intelligence committees of the following 
annual reports shall be the date each year provided in 
subsection (c)(1):
 (1) The annual report of the Inspectors General of 
 the intelligence community on proposed resources and 
 activities of their offices required by section 416(h) 
 of title 5, United States Code.
 (2) The annual report on certifications for immunity 
 in interdiction of aircraft engaged in illicit drug 
 trafficking required by section 1012(c)(2) of the 
 National Defense Authorization Act for Fiscal Year 1995 
 (22 U.S.C. 2291-4(c)(2)).
 (3) The annual report on activities under the David 
 L. Boren National Security Education Act of 1991 (title 
 VIII of Public Law 102-183; 50 U.S.C. 1901 et seq.) 
 required by section 806(a) of that Act (50 U.S.C. 
 1906(a)).
 (4) The annual report on hiring and retention of 
 minority employees in the intelligence community 
 required by section 114(a).
 [(5) The annual report on financial intelligence on 
 terrorist assets required by section 118.]
 [(6)] (5) An annual report submitted under section 
 119C(d)(1).
 (b) Semiannual Reports.--The dates for the submittal to the 
congressional intelligence committees of the following 
semiannual reports shall be the dates each year provided in 
subsection (c)(2):
 (1) The semiannual reports on decisions not to 
 prosecute certain violations of law under the 
 Classified Information Procedures Act (18 U.S.C. App.) 
 as required by section 13 of that Act.
 (2) The semiannual reports on the disclosure of 
 information and consumer reports to the Federal Bureau 
 of Investigation for counterintelligence purposes 
 required by section 624(h)(2) of the Fair Credit 
 Reporting Act (15 U.S.C. 1681u(h)(2)).
 (3) The semiannual provision of information on 
 requests for financial information for foreign 
 counterintelligence purposes required by section 
 1114(a)(5)(C) of the Right to Financial Privacy Act of 
 1978 (12 U.S.C. 3414(a)(5)(C)).
 (c) Submittal Dates for Reports.--(1) Except as provided in 
subsection (d), each annual report listed in subsection (a) 
shall be submitted not later than February 1.
 (2) Except as provided in subsection (d), each semiannual 
report listed in subsection (b) shall be submitted not later 
than February 1 and August 1.
 (d) Postponement of Submittal.--(1) Subject to paragraph (3), 
the date for the submittal of--
 (A) an annual report listed in subsection (a) may be 
 postponed until March 1; and
 (B) a semiannual report listed in subsection (b) may 
 be postponed until March 1 or September 1, as the case 
 may be,
if the official required to submit such report submits to the 
congressional intelligence committees a written notification of 
such postponement.
 (2)(A) Notwithstanding any other provision of law and subject 
to paragraph (3), the date for the submittal to the 
congressional intelligence committees of any report described 
in subparagraph (B) may be postponed by not more than 30 days 
from the date otherwise specified in the provision of law for 
the submittal of such report if the official required to submit 
such report submits to the congressional intelligence 
committees a written notification of such postponement.
 (B) A report described in this subparagraph is any report on 
intelligence or intelligence-related activities of the United 
States Government that is submitted under a provision of law 
requiring the submittal of only a single report.
 (3)(A) The date for the submittal of a report whose submittal 
is postponed under paragraph (1) or (2) may be postponed beyond 
the time provided for the submittal of such report under such 
paragraph if the official required to submit such report 
submits to the congressional intelligence committees a written 
certification that preparation and submittal of such report at 
such time will impede the work of officers or employees of the 
intelligence community in a manner that will be detrimental to 
the national security of the United States.
 (B) A certification with respect to a report under 
subparagraph (A) shall include a proposed submittal date for 
such report, and such report shall be submitted not later than 
that date.

 * * * * * * *

SEC. 517. NOTICE OF IMPACT OF DIPLOMATIC AND CONSULAR POST CLOSINGS ON 
 INTELLIGENCE ACTIVITIES.

 (a) Notice Required.--Not later than 30 days after a covered 
closure of a diplomatic or consular post, the Director of 
National Intelligence, in consultation with the heads of the 
other appropriate elements of the intelligence community as 
determined by the Director, shall submit to the congressional 
intelligence committees a notice describing the impact of the 
closure on the activities of the intelligence community. Such 
notice shall include--
 (1) a description of the impact, if any, of the 
 closure on the activities or interests of the 
 intelligence community;
 (2) a plan to mitigate any adverse impacts to such 
 elements caused by such closure; and
 (3) a description of whether, and the extent to 
 which, the Director and the heads of the other 
 appropriate elements of the intelligence community--
 (A) were consulted in the decision-making 
 process with respect to such closure; and
 (B) registered any concerns with or 
 objections to such closure.
 (b) Covered Closure of a Diplomatic or Consular Post 
Defined.--In this section, the term ``covered closure of a 
diplomatic or consular post'' means the closure of a United 
States diplomatic or consular post abroad that--
 (1) is anticipated to last for 60 days or longer; or
 (2) has lasted for 60 days or longer.

SEC. 518. NOTICE OF COUNTERINTELLIGENCE ASSESSMENTS AND INVESTIGATIONS 
 OF FEDERAL CANDIDATES OR OFFICEHOLDERS.

 (a) Notice.--
 (1) Notice required.--Except as provided in paragraph 
 (3), the Director of the Federal Bureau of 
 Investigation shall submit to congressional leadership, 
 the congressional intelligence committees, and the 
 chairmen and ranking minority members of the Committees 
 on the Judiciary of the House of Representatives and 
 the Senate notice of each counterintelligence 
 assessment or investigation of an individual who is--
 (A) a candidate for Federal office;
 (B) a holder of Federal office; or
 (C) a covered congressional employee.
 (2) Contents.--The notice required under paragraph 
 (1) shall include--
 (A) a summary of the relevant facts 
 associated with the counterintelligence 
 assessment or investigation; and
 (B) the identity of such individual.
 (3) Exception.--The Director may refrain from 
 providing a notice under paragraph (1) to an individual 
 who is otherwise a recipient of notices under such 
 paragraph if that individual is a target of the 
 counterintelligence assessment or investigation covered 
 by the notice.
 (b) Timing.--The Director shall submit each notice under 
subsection (a) not later than 5 days after the date of the 
commencement of the counterintelligence assessment or 
investigation that is the subject of such notice. With respect 
to counterintelligence assessments or investigations that 
commenced before the date of the enactment of this section and 
are ongoing as of such date of enactment, the Director shall 
submit each notice under subsection (a) not later than 5 days 
after such date of enactment.
 (c) Identification of Covered Congressional Employees.--
 (1) Lists.--The Director may use the lists provided 
 under paragraph (2) to determine whether an individual 
 is a covered congressional employee.
 (2) Provision of lists.--The Secretary of the Senate 
 and the Clerk of the House of Representatives shall, 
 not less than semiannually, each provide to the head of 
 each element of the intelligence community a list of 
 covered congressional employees of the Senate and the 
 House of Representatives, respectively.
 (3) Known congressional employees.--Notwithstanding 
 the lack of inclusion of a person on a list provided 
 under paragraph (2), if a person that is subject to a 
 counterintelligence assessment or investigation is 
 known to the Federal Bureau of Investigation to be a 
 covered congressional employee at the time of such 
 counterintelligence assessment or investigation, the 
 Director shall carry out this section as required when 
 the subject of a counterintelligence assessment or 
 investigation is a covered congressional employee.
 (d) Definitions.--In this section:
 (1) Candidate; federal office.--The terms 
 ``candidate'' and ``Federal office'' have the meanings 
 given those terms in section 301 of the Federal 
 Election Campaign Act of 1971 (52 U.S.C. 30101).
 (2) Covered congressional employee.--The term 
 ``covered congressional employee'' means an employee or 
 officer of--
 (A) the Senate or the House of 
 Representatives;
 (B) a Senator or a Representative in, or 
 Delegate or Resident Commissioner to, Congress; 
 or
 (C) a committee of the Senate or House of 
 Representatives, or a joint committee of the 
 Senate and House of Representatives.

 * * * * * * *

 TITLE X--EDUCATION IN SUPPORT OF NATIONAL
 INTELLIGENCE

 * * * * * * *

 Subtitle C--Additional Education Provisions

 * * * * * * *

SEC. 1025. AUTHORIZATION OF SUPPORT BY DIRECTOR OF NATIONAL 
 INTELLIGENCE FOR CERTAIN WORKFORCE ACTIVITIES.

 (a) Authorization.--The Director may, with or without 
reimbursement, obligate or expend amounts authorized to be 
appropriated or otherwise made available for the Office of the 
Director of National Intelligence for covered workforce 
activities for the purpose of supporting a covered workforce 
activity of an element of the intelligence community.
 (b) Notification.--Not later than 30 days after the date on 
which the Director exercises the authority in subsection (a), 
the Director shall submit to the congressional intelligence 
committees and the Committees on Appropriations of the House of 
Representatives and the Senate written notification of such 
exercise.
 (c) Covered Workforce Activity Defined.--In this section, the 
term ``covered workforce activity'' means an activity relating 
[to--]
 [(1) recruitment or retention of the intelligence 
 community workforce; or]
 [(2) diversity, equality, inclusion, or 
 accessibility, with respect to such workforce.] to the 
 recruitment or retention of the intelligence community 
 workforce.

 Subtitle D--National Intelligence University

 * * * * * * *

[SEC. 1033. REPORTING.

 [(a) In General.--Not less frequently than once each year, 
the Director of National Intelligence shall submit to the 
congressional intelligence committees a plan for employing 
professors, instructors, and lecturers at the National 
Intelligence University.
 [(b) Elements.--Each plan submitted under subsection (a) 
shall include the following:
 [(1) The total number of proposed personnel to be 
 employed at the National Intelligence University.
 [(2) The total annual compensation to be provided the 
 personnel described in paragraph (1).
 [(3) Such other matters as the Director considers 
 appropriate.
 [(c) Form of Submittal.--Each plan submitted by the Director 
to the congressional intelligence committees under subsection 
(a) shall be submitted as part of another annual submission 
from the Director to the congressional intelligence committees. 
]

SEC. [1034.] 1033. CONTINUED APPLICABILITY OF THE FEDERAL ADVISORY 
 COMMITTEE ACT TO THE BOARD OF VISITORS.

 The Federal Advisory Committee Act (5 U.S.C. App.) shall 
continue to apply to the Board of Visitors of the National 
Intelligence University on and after the transfer date.

Sec. [1035.] 1034. National Intelligence University acceptance of 
 grants

 (a) Authority.--The Director of National Intelligence may 
authorize the President of the National Intelligence University 
to accept qualifying research grants.
 (b) Qualifying Grants.--A qualifying research grant under 
this section is a grant that is awarded on a competitive basis 
by an entity referred to in subsection (c) for a research 
project with a scientific, literary, or educational purpose.
 (c) Entities From Which Grants May Be Accepted.--A qualifying 
research grant may be accepted under this section only from a 
Federal agency or from a corporation, fund, foundation, 
educational institution, or similar entity that is organized 
and operated primarily for scientific, literary, or educational 
purposes.
 (d) Administration of Grant Funds.--
 (1) Establishment of account.--The Director shall 
 establish an account for administering funds received 
 as qualifying research grants under this section.
 (2) Use of funds.--The President of the University 
 shall use the funds in the account established pursuant 
 to paragraph (1) in accordance with applicable 
 provisions of the regulations and the terms and 
 conditions of the grants received.
 (e) Related Expenses.--Subject to such limitations as may be 
provided in appropriations Acts, appropriations available for 
the National Intelligence University may be used to pay 
expenses incurred by the University in applying for, and 
otherwise pursuing, the award of qualifying research grants.
 (f) Regulations.--The Director of National Intelligence shall 
prescribe regulations for the administration of this section.

 * * * * * * *

 TITLE XI--ADDITIONAL MISCELLANEOUS PROVISIONS

 * * * * * * *

SEC. 1102A. MEASURES TO MITIGATE COUNTERINTELLIGENCE THREATS FROM 
 PROLIFERATION AND USE OF FOREIGN COMMERCIAL SPYWARE.

 (a) Definitions.--In this section:
 (1) Appropriate congressional committees.--The term 
 ``appropriate congressional committees'' means--
 (A) the Select Committee on Intelligence, the 
 Committee on Foreign Relations, the Committee 
 on Armed Services, the Committee on Banking, 
 Housing, and Urban Affairs, the Committee on 
 the Judiciary, the Committee on Appropriations, 
 and the Committee on Homeland Security and 
 Governmental Affairs of the Senate; and
 (B) the Permanent Select Committee on 
 Intelligence, the Committee on Foreign Affairs, 
 the Committee on Armed Services, the Committee 
 on Financial Services, the Committee on the 
 Judiciary, the Committee on Appropriations, the 
 Committee on Homeland Security, and the 
 Committee on Oversight and Reform of the House 
 of Representatives.
 (2) Covered entity.--The term ``covered entity'' 
 means any foreign company that either directly or 
 indirectly develops, maintains, owns, operates, 
 brokers, markets, sells, leases, licenses, or otherwise 
 makes available spyware.
 (3) Foreign commercial spyware.--The term ``foreign 
 commercial spyware'' means spyware that is developed 
 (solely or in partnership with a foreign company), 
 maintained, sold, leased, licensed, marketed, sourced 
 (in whole or in part), or otherwise provided, either 
 directly or indirectly, by a foreign company.
 (4) Foreign company.--The term ``foreign company'' 
 means a company that is incorporated or domiciled 
 outside of the United States, including any 
 subsidiaries or affiliates wherever such subsidiaries 
 or affiliates are domiciled or incorporated.
 (5) Spyware.--The term ``spyware'' means a tool or 
 set of tools that operate as an end-to-end system of 
 software to provide an unauthorized user remote access 
 to information stored on or transiting through an 
 electronic device connected to the Internet and not 
 owned or operated by the unauthorized user, including 
 end-to-end systems that--
 (A) allow an unauthorized user to remotely 
 infect electronic devices with malicious 
 software, including without any action required 
 by the user of the device;
 (B) can record telecommunications or other 
 audio captured on a device not owned by the 
 unauthorized user;
 (C) undertake geolocation, collect cell site 
 location information, or otherwise track the 
 location of a device or person using the 
 internal sensors of an electronic device not 
 owned by the unauthorized user;
 (D) allow an unauthorized user access to and 
 the ability to retrieve information on the 
 electronic device, including text messages, 
 files, e-mails, transcripts of chats, contacts, 
 photos, and browsing history; or
 (E) any additional criteria described in 
 publicly available documents published by the 
 Director of National Intelligence, such as 
 whether the end-to-end system is used outside 
 the context of a codified lawful intercept 
 system.
 (b) Annual assessments of counterintelligence threats.--
 (1) Requirement.--Not later than 90 days after the 
 enactment of the Intelligence Authorization Act for 
 Fiscal Year 2023, and annually thereafter for five 
 years, the Director of National Intelligence, in 
 coordination with the Director of the Central 
 Intelligence Agency, the Director of the National 
 Security Agency, and the Director of the Federal Bureau 
 of Investigation, shall submit to the appropriate 
 congressional committees a report with an accompanying 
 classified annex containing an assessment of the 
 counterintelligence threats and other risks to the 
 national security of the United States posed by the 
 proliferation of foreign commercial spyware. The 
 assessment shall incorporate all credible data, 
 including open-source information.
 (2) Elements.--Each report under paragraph (1) shall 
 include the following, if known:
 (A) A list of the most significant covered 
 entities.
 (B) A description of the foreign commercial 
 spyware marketed by the covered entities 
 identified under subparagraph (A) and an 
 assessment by the intelligence community of the 
 foreign commercial spyware.
 (C) An assessment of the counterintelligence 
 risk to the intelligence community or personnel 
 of the intelligence community posed by foreign 
 commercial spyware.
 (D) For each covered entity identified in 
 subparagraph (A), details of any subsidiaries, 
 resellers, or other agents acting on behalf of 
 the covered entity.
 (E) Details of where each covered entity 
 identified under subparagraphs (A) and (D) is 
 domiciled.
 (F) A description of how each covered entity 
 identified under subparagraphs (A) and (D) is 
 financed, where the covered entity acquired its 
 capital, and the organizations and individuals 
 having substantial investments or other 
 equities in the covered entity.
 (G) An assessment by the intelligence 
 community of any relationship between each 
 covered entity identified in subparagraphs (A) 
 and (D) and any foreign government, including 
 any export controls and processes to which the 
 covered entity is subject.
 (H) A list of the foreign customers of each 
 covered entity identified in subparagraphs (A) 
 and (D), including the understanding by the 
 intelligence community of the organizations and 
 end-users within any foreign government.
 (I) With respect to each foreign customer 
 identified under subparagraph (H), an 
 assessment by the intelligence community 
 regarding how the foreign customer is using the 
 spyware, including whether the foreign customer 
 has targeted personnel of the intelligence 
 community.
 (J) With respect to the first report required 
 under paragraph (1), a mitigation plan to 
 reduce the exposure of personnel of the 
 intelligence community to foreign commercial 
 spyware.
 (K) With respect to each report following the 
 first report required under paragraph (1), 
 details of steps taken by the intelligence 
 community since the previous report to 
 implement measures to reduce the exposure of 
 personnel of the intelligence community to 
 foreign commercial spyware.
 (3) Classified annex.--In submitting the report under 
 paragraph (1), the Director shall also include an 
 accompanying but separate classified annex, providing a 
 watchlist of companies selling, leasing, or otherwise 
 providing foreign commercial spyware that the Director 
 determines are engaged in activities that pose a 
 counterintelligence risk to personnel of the 
 intelligence community.
 (4) Form.--Each report under paragraph (1) shall be 
 submitted in classified form.
 (5) Dissemination.--The Director of National 
 Intelligence shall separately distribute each report 
 under paragraph (1) and each annex under paragraph (3) 
 to the President, the heads of all elements of the 
 intelligence community, the Secretary of State, the 
 Attorney General, the Secretary of Commerce, the 
 Secretary of Homeland Security, the National Cyber 
 Director, and the heads of any other departments or 
 agencies the Director of National Intelligence 
 determines appropriate.
 (c) Authority to prohibit purchase or use by intelligence 
community.--
 (1) Foreign commercial spyware.--
 (A) In general.--The Director of National 
 Intelligence may prohibit any element of the 
 intelligence community from procuring, leasing, 
 or otherwise acquiring on the commercial 
 market, or extending or renewing a contract to 
 procure, lease, or otherwise acquire, foreign 
 commercial spyware.
 (B) Considerations.--In determining whether 
 and how to exercise the authority under 
 subparagraph (A), the Director of National 
 Intelligence shall consider--
 (i) the assessment of the 
 intelligence community of the 
 counterintelligence threats or other 
 risks to the United States posed by 
 foreign commercial spyware;
 (ii) the assessment of the 
 intelligence community of whether the 
 foreign commercial spyware has been 
 used to target United States Government 
 personnel;
 (iii) whether the original owner or 
 developer retains any of the physical 
 property or intellectual property 
 associated with the foreign commercial 
 spyware;
 (iv) whether the original owner or 
 developer has verifiably destroyed all 
 copies of the data collected by or 
 associated with the foreign commercial 
 spyware;
 (v) whether the personnel of the 
 original owner or developer retain any 
 access to data collected by or 
 associated with the foreign commercial 
 spyware;
 (vi) whether the use of the foreign 
 commercial spyware requires the user to 
 connect to an information system of the 
 original owner or developer or 
 information system of a foreign 
 government; and
 (vii) whether the foreign commercial 
 spyware poses a counterintelligence 
 risk to the United States or any other 
 threat to the national security of the 
 United States.
 (2) Company that has acquired foreign commercial 
 spyware.--
 (A) Authority.--The Director of National 
 Intelligence may prohibit any element of the 
 intelligence community from entering into any 
 contract or other agreement for any purpose 
 with a company that has acquired, in whole or 
 in part, any foreign commercial spyware.
 (B) Considerations.--In considering whether 
 and how to exercise the authority under 
 subparagraph (A), the Director of National 
 Intelligence shall consider--
 (i) whether the original owner or 
 developer of the foreign commercial 
 spyware retains any of the physical 
 property or intellectual property 
 associated with the spyware;
 (ii) whether the original owner or 
 developer of the foreign commercial 
 spyware has verifiably destroyed all 
 data, and any copies thereof, collected 
 by or associated with the spyware;
 (iii) whether the personnel of the 
 original owner or developer of the 
 foreign commercial spyware retain any 
 access to data collected by or 
 associated with the foreign commercial 
 spyware;
 (iv) whether the use of the foreign 
 commercial spyware requires the user to 
 connect to an information system of the 
 original owner or developer or 
 information system of a foreign 
 government; and
 (v) whether the foreign commercial 
 spyware poses a counterintelligence 
 risk to the United States or any other 
 threat to the national security of the 
 United States.
 (3) Notifications of prohibition.--Not later than 30 
 days after the date on which the Director of National 
 Intelligence exercises the authority to issue a 
 prohibition under subsection (c), the Director of 
 National Intelligence shall notify the congressional 
 intelligence committees of such exercise of authority. 
 Such notice shall include--
 (A) a description of the circumstances under 
 which the prohibition was issued;
 (B) an identification of the company or 
 product covered by the prohibition;
 (C) any information that contributed to the 
 decision of the Director of National 
 Intelligence to exercise the authority, 
 including any information relating to 
 counterintelligence or other risks to the 
 national security of the United States posed by 
 the company or product, as assessed by the 
 intelligence community; and
 (D) an identification of each element of the 
 intelligence community to which the prohibition 
 has been applied.
 (4) Waiver authority.--
 (A) In general.--The head of an element of 
 the intelligence community may request from the 
 Director of National Intelligence the waiver of 
 a prohibition made under paragraph (1) or (2).
 (B) Director of National Intelligence 
 determination.--The Director of National 
 Intelligence, upon receiving the waiver request 
 in subparagraph (A), may issue a waiver for a 
 period not to exceed one year in response to 
 the request from the head of an element of the 
 intelligence community if such waiver is in the 
 national security interest of the United 
 States.
 (C) Notice.--Not later than 30 days after 
 approving a waiver request pursuant to 
 subparagraph (B), the Director of National 
 Intelligence 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 written notification. The 
 notification shall include--
 (i) an identification of the head of 
 the element of the intelligence 
 community that requested the waiver;
 (ii) the details of the waiver 
 request, including the national 
 security interests of the United 
 States;
 (iii) the rationale and basis for the 
 determination that the waiver is in the 
 national security interests of the 
 United States;
 (iv) the considerations that informed 
 the ultimate determination of the 
 Director of National Intelligence to 
 issue the waiver; and
 (v) and any other considerations 
 contributing to the determination, made 
 by the Director of National 
 Intelligence.
 (D) Waiver termination.--The Director of 
 National Intelligence may revoke a previously 
 granted waiver at any time. Upon revocation of 
 a waiver, the Director of National Intelligence 
 shall submit a written notification 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 
 not later than 30 days after making a 
 revocation determination.
 (5) Termination of prohibition.--The Director of 
 National Intelligence may terminate a prohibition made 
 under paragraph (1) or (2) at any time. Upon 
 termination of a prohibition, the Director of National 
 Intelligence shall submit a notification of the 
 termination 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 not 
 later than 30 days after terminating a prohibition, 
 detailing the basis for the termination, including any 
 United States national security interests that may be 
 affected by such termination.

 * * * * * * *

SEC. 1107. ANNUAL REPORTS ON INFLUENCE OPERATIONS AND CAMPAIGNS IN THE 
 UNITED STATES BY THE CHINESE COMMUNIST PARTY.

 (a) Requirement.--On an annual basis, consistent with the 
protection of intelligence sources and methods, the Director of 
the [National Counterintelligence and Security Center] National 
Counterintelligence Center shall submit to the congressional 
intelligence committees, the Committee on Foreign Affairs of 
the House of Representatives, and the Committee on Foreign 
Relations of the Senate a report on the influence operations 
and campaigns in the United States conducted by the Chinese 
Communist Party.
 (b) Contents.--Each report under subsection (a) shall include 
the following:
 (1) A description of the organization of the United 
 Front Work Department of the People's Republic of 
 China, or the successors of the United Front Work 
 Department, and the links between the United Front Work 
 Department and the Central Committee of the Chinese 
 Communist Party.
 (2) An assessment of the degree to which 
 organizations that are associated with or receive 
 funding from the United Front Work Department, 
 particularly such entities operating in the United 
 States, are formally tasked by the Chinese Communist 
 Party or the Government of China.
 (3) A description of the efforts by the United Front 
 Work Department and subsidiary organizations of the 
 United Front Work Department to target, coerce, and 
 influence foreign populations, particularly those of 
 ethnic Chinese descent.
 (4) An assessment of attempts by the Chinese Embassy, 
 consulates, and organizations affiliated with the 
 Chinese Communist Party (including, at a minimum, the 
 United Front Work Department) to influence the United 
 States-based Chinese Student Scholar Associations.
 (5) A description of the evolution of the role of the 
 United Front Work Department under the leadership of 
 the President of China.
 (6) An assessment of the activities of the United 
 Front Work Department designed to influence the 
 opinions of elected leaders of the United States, or 
 candidates for elections in the United States, with 
 respect to issues of importance to the Chinese 
 Communist Party.
 (7) A listing of all known organizations affiliated 
 with the United Front Work Department that are 
 operating in the United States as of the date of the 
 report.
 (8) An identification of influence activities and 
 operations employed by the Chinese Communist Party 
 against the United States science and technology 
 sectors, specifically employees of the United States 
 Government, researchers, scientists, and students in 
 the science and technology sector in the United States.
 (9) A listing of all known Chinese talent recruitment 
 programs operating in the United States as of the date 
 of the report.
 (10) With respect to reports submitted after the 
 first report, an assessment of the change in goals, 
 tactics, techniques, and procedures of the influence 
 operations and campaigns conducted by the Chinese 
 Communist Party.
 (c) Coordination.--In carrying out subsection (a), the 
Director shall coordinate with the Director of the Federal 
Bureau of Investigation, the Director of the Central 
Intelligence Agency, the Director of the National Security 
Agency, and any other relevant head of an element of the 
intelligence community.
 (d) Form.--Each report submitted under subsection (a) shall 
be submitted in unclassified form, but may include a classified 
annex.

 * * * * * * *

SEC. 1107B. NET ASSESSMENTS OF THE PEOPLE'S REPUBLIC OF CHINA.

 (a) Net Assessments Required.--The Director of National 
Intelligence, acting jointly through the National Intelligence 
Council and the National Intelligence Management Council and in 
consultation with the heads of the other elements of the 
intelligence community, shall conduct and regularly update net 
assessments of the economic, technological, financial, trade, 
industrial, and diplomatic power of the People's Republic of 
China in comparison to the United States and the national 
security implications of the activities of the People's 
Republic of China in those areas.
 (b) Source Information.--In conducting and updating net 
assessments under subsection (a), the Director of National 
Intelligence shall use--
 (1) open-source information with respect to the 
 portion of the assessment relating to the United 
 States; and
 (2) all-source information with respect to the 
 portion of the assessment relating to the People's 
 Republic of China.
 (c) Availability.--The Director of National Intelligence 
shall, consistent with the protection of sources and methods, 
make net assessments required under this section readily 
available and accessible to other departments and agencies of 
the Federal Government and to the congressional intelligence 
committees.

SEC. 1108. ANNUAL REPORTS ON INFLUENCE OPERATIONS AND CAMPAIGNS IN THE 
 UNITED STATES BY THE RUSSIAN FEDERATION.

 (a) Requirement.--On an annual basis, the Director of the 
[National Counterintelligence and Security Center] National 
Counterintelligence Center shall submit to the congressional 
intelligence committees a report on the influence operations 
and campaigns in the United States conducted by the Russian 
Federation.
 (b) Contents.--Each report under subsection (a) shall include 
the following:
 (1) A description and listing of the Russian 
 organizations and persons involved in influence 
 operations and campaigns operating in the United States 
 as of the date of the report.
 (2) An assessment of organizations that are 
 associated with or receive funding from organizations 
 and persons identified in paragraph (1), particularly 
 such entities operating in the United States.
 (3) A description of the efforts by the organizations 
 and persons identified in paragraph (1) to target, 
 coerce, and influence populations within the United 
 States.
 (4) An assessment of the activities of the 
 organizations and persons identified in paragraph (1) 
 designed to influence the opinions of elected leaders 
 of the United States or candidates for election in the 
 United States.
 (5) With respect to reports submitted after the first 
 report, an assessment of the change in goals, tactics, 
 techniques, and procedures of the influence operations 
 and campaigns conducted by the organizations and 
 persons identified in paragraph (1).
 (c) Coordination.--In carrying out subsection (a), the 
Director shall coordinate with the Director of the Federal 
Bureau of Investigation, the Director of the Central 
Intelligence Agency, the Director of the National Security 
Agency, and any other relevant head of an element of the 
intelligence community.
 (d) Form.--Each report submitted under subsection (a) shall 
be submitted in unclassified form, but may include a classified 
annex.

 * * * * * * *

[SEC. 1110. REPORT ON BEST PRACTICES TO PROTECT PRIVACY, CIVIL 
 LIBERTIES, AND CIVIL RIGHTS OF CHINESE AMERICANS.

 [(a) Sense of Congress.--It is the sense of Congress that--
 [(1) the People's Republic of China appears to be 
 specifically targeting the Chinese-American community 
 for intelligence purposes;
 [(2) such targeting carries a substantial risk that 
 the loyalty of such Americans may be generally 
 questioned and lead to unacceptable stereotyping, 
 targeting, and racial profiling;
 [(3) the United States Government has a duty to warn 
 and protect all Americans including those of Chinese 
 descent from these intelligence efforts by the People's 
 Republic of China;
 [(4) the broad stereotyping, targeting, and racial 
 profiling of Americans of Chinese descent is contrary 
 to the values of the United States and reinforces the 
 flawed narrative perpetuated by the People's Republic 
 of China that ethnically Chinese individuals worldwide 
 have a duty to support the People's Republic of China; 
 and
 [(5) the United States efforts to combat the People's 
 Republic of China's intelligence activities should 
 actively safeguard and promote the constitutional 
 rights of all Chinese Americans.
 [(b) Report.--On an annual basis, the Director of National 
Intelligence, acting through the Office of Civil Liberties, 
Privacy, and Transparency, in coordination with the civil 
liberties and privacy officers of the elements of the 
intelligence community, shall submit a report to the 
congressional intelligence committees containing--
 [(1) a review of how the policies, procedures, and 
 practices of the intelligence community that govern the 
 intelligence activities and operations targeting the 
 People's Republic of China affect policies, procedures, 
 and practices relating to the privacy, civil liberties, 
 and civil rights of Americans of Chinese descent who 
 may be targets of espionage and influence operations by 
 China; and
 [(2) recommendations to ensure that the privacy, 
 civil liberties, and civil rights of Americans of 
 Chinese descent are sufficiently protected.
 [(c) Form.--The report under subsection (b) shall be 
submitted in unclassified form, but may include a classified 
annex.]

 * * * * * * *

SEC. 1115. PROHIBITION ON USE OF DEEPSEEK ON INTELLIGENCE COMMUNITY 
 SYSTEMS.

 (a) Prohibition.--The Director of National Intelligence, in 
consultation with the other heads of the elements of the 
intelligence community, shall develop standards and guidelines 
for elements of the intelligence community that require the 
removal of any covered application from national security 
systems operated by an element of the intelligence community, a 
contractor to an element of the intelligence community, or 
another entity on behalf of an element of the intelligence 
community.
 (b) Applicability of Information Security Requirements.--The 
standards and guidelines developed under subsection (a) shall 
be consistent with the information security requirements under 
subchapter II of chapter 35 of title 44, United States Code.
 (c) National Security and Research Exceptions.--The standards 
and guidelines developed under subsection (a) shall include--
 (1) exceptions for national security purposes and 
 research activities; and
 (2) risk mitigation standards and guidelines that 
 shall apply in the case of an exception described in 
 paragraph (1).
 (d) Definitions.--In this section:
 (1) Covered application.--The term ``covered 
 application'' means the DeepSeek application or any 
 successor application or service developed or provided 
 by High Flyer or any successor entity.
 (2) National security system.--The term ``national 
 security system'' has the meaning given the term in 
 section 3552 of title 44, United States Code.

SEC. 1116. KNOWLEDGE MANAGEMENT SYSTEM FOR INTERNATIONAL CARTELS AND 
 OTHER TRANSNATIONAL CRIMINAL ORGANIZATIONS.

 (a) Requirement for Knowledge Management System.--The 
Director of National Intelligence, in consultation with the 
Attorney General, shall ensure that the intelligence 
community--
 (1) makes use of the Transnational Organized Crime 
 Identity Intelligence Platform or a successor knowledge 
 management system to enable and enhance information 
 management, information sharing, analysis, and 
 collaboration across the intelligence community and 
 between the intelligence community and Federal law 
 enforcement agencies related to international cartels 
 and other transnational criminal organizations; and
 (2) provides all terrorism information (as defined in 
 section 1016(a) of the Intelligence Reform and 
 Terrorism Prevention Act of 2004 (6 U.S.C. 485(a))) to 
 the National Counterterrorism Center, including 
 terrorism information related to international cartels 
 and other transnational criminal organizations 
 designated as foreign terrorist organizations under 
 section 219 of the Immigration and Nationality Act (8 
 U.S.C. 1189) or as a Specially Designated Global 
 Terrorist under Executive Order 13224 (50 U.S.C. 1701 
 note) or any successor Executive order.
 (b) Procedures.--The Director of National Intelligence and 
the Attorney General shall each or jointly, as appropriate, 
issue procedures for collecting, storing, accessing, and 
disseminating data under the system described in subsection 
(a), including with respect to the organization of such data 
and security requirements for accessing such data. Such 
procedures shall be designed to encourage collaboration between 
elements of the intelligence community and between elements of 
the intelligence community and Federal law enforcement agencies 
with respect to international cartels and other transnational 
criminal organizations, including foreign terrorist 
organizations designated under section 219 of the Immigration 
and Nationality Act (8 U.S.C. 1189) and persons or entities 
designated as a Specially Designated Global Terrorist under 
Executive Order 13224 (50 U.S.C. 1701 note) or any successor 
Executive order.
 (c) Intelligence Community Input.--The head of each element 
of the intelligence community shall--
 (1) input all data described in subsection (a)(1) in 
 the possession of such element into the system 
 described in such subsection in accordance with the 
 procedures established under subsection (b); and
 (2) share all terrorism information described in 
 subsection (a)(2) in the possession of such element 
 with the National Counterterrorism Center.
 (d) Briefings.--Not later than June 30 and December 31 of 
each year through 2028, the Director of National Intelligence 
and the Attorney General shall jointly provide to the 
congressional intelligence committees a briefing on the 
implementation of this section. Such briefing shall include--
 (1) the opinions of the Director and the Attorney 
 General as to the effectiveness of the knowledge 
 management system required under subsection (a);
 (2) a description of any challenges identified by the 
 Director or the Attorney General with the knowledge 
 management system required under subsection (a);
 (3) an indication of the level of compliance of each 
 element of the intelligence community with the 
 requirements of this section; and
 (4) an assessment of the level of participation in 
 the knowledge management system of Federal law 
 enforcement agencies.

SEC. 1117. STANDARDIZATION OF TRAINING ON COLLECTION OF PUBLICLY 
 AVAILABLE INFORMATION AND COMMERCIALLY AVAILABLE 
 INFORMATION.

 (a) Establishment of Training Course.--Not later than one 
year after the date of the enactment of the Intelligence 
Authorization Act for Fiscal Year 2026, the official designated 
under section 125(a)(1) to be responsible for subparagraph (A) 
of such section, in consultation with the heads of the elements 
of the intelligence community, shall establish a training 
course on the collection of publicly available information and 
commercially available information for intelligence purposes.
 (b) Completion of Course Required.--
 (1) In general.--The head of each element of the 
 intelligence community shall require all personnel of 
 such element whose duties include collection of 
 publicly available information or commercially 
 available information for intelligence purposes to 
 satisfactorily complete the training course established 
 under subsection (a). The head of each such element 
 shall require the completion of such course--
 (A) with respect to personnel of such element 
 who are serving as such personnel on the date 
 on which such training course is established, 
 not later than 180 days after such date; and
 (B) with respect to individuals who begin 
 service as personnel of such element after the 
 date on which such training course is 
 established, not later than 90 days after 
 beginning such service.
 (2) Completion transferrable.--Subject to subsection 
 (c), completion of the training course established 
 under subsection (a) while serving in any element of 
 the intelligence community shall satisfy the 
 requirement under paragraph (1) with respect to service 
 in any other element of the intelligence community or 
 in the same element of the intelligence community after 
 a break in service.
 (c) Additional Training.--The head of each element of the 
intelligence community may require personnel of such element to 
complete training in collection or analysis of open-source 
intelligence that is in addition to the training course 
required under subsection (a) as the head of such element 
considers appropriate to support the mission of such element, 
including requiring recurring completion of such training 
course.
 (d) Definitions.--In this section, the terms ``commercially 
available information'', ``open-source intelligence'', and 
``publicly available information'' have the meaning given those 
terms in section 601 of the Intelligence Authorization Act for 
Fiscal Year 2026.

SEC. 1118. REQUIREMENT TO PURGE INCIDENTALLY COLLECTED PUBLICLY 
 AVAILABLE INFORMATION OR COMMERCIALLY AVAILABLE 
 INFORMATION RELATING TO UNITED STATES PERSONS.

 (a) Requirement to Purge.--The head of each element of the 
intelligence community shall purge from such element any 
publicly available information or commercially available 
information relating to a United States person that is 
incidentally collected by such element.
 (b) Definitions.--In this section:
 (1) Commercially available information.--The term 
 ``commercially available information'' has the meaning 
 given the term in section 601 of the Intelligence 
 Authorization Act for Fiscal Year 2026.
 (2) Publicly available information.--The term 
 ``publicly available information'' has the meaning 
 given the term in section 601 of the Intelligence 
 Authorization Act for Fiscal Year 2026.
 (3) United states person.--The term ``United States 
 person'' has the meaning given the term in section 
 105A.

 TITLE XII--INTELLIGENCE COMMUNITY WORKFORCE MATTERS

SEC. [1104.] 1201. PROHIBITED PERSONNEL PRACTICES IN THE INTELLIGENCE 
 COMMUNITY.

 (a) Definitions.--In this section:
 (1) Agency.--The term ``agency'' means an executive 
 department or independent establishment, as defined 
 under sections 101 and 104 of title 5, United States 
 Code, that contains an intelligence community element, 
 except the Federal Bureau of Investigation.
 (2) Covered intelligence community element.--The term 
 ``covered intelligence community element''--
 (A) means--
 (i) the Central Intelligence Agency, 
 the Defense Intelligence Agency, the 
 National Geospatial-Intelligence 
 Agency, the National Security Agency, 
 the Office of the Director of National 
 Intelligence, and the National 
 Reconnaissance Office; and
 (ii) any executive agency or unit 
 thereof determined by the President 
 under section 2302(a)(2)(C)(ii) of 
 title 5, United States Code, to have as 
 its principal function the conduct of 
 foreign intelligence or 
 counterintelligence activities; and
 (B) does not include the Federal Bureau of 
 Investigation.
 (3) Personnel action.--The term ``personnel action'' 
 means, with respect to an employee in a position in a 
 covered intelligence community element (other than a 
 position excepted from the competitive service due to 
 its confidential, policy-determining, policymaking, or 
 policy-advocating character) or a contractor employee--
 (A) an appointment;
 (B) a promotion;
 (C) a disciplinary or corrective action;
 (D) a detail, transfer, or reassignment;
 (E) a demotion, suspension, or termination;
 (F) a reinstatement or restoration;
 (G) a performance evaluation;
 (H) a decision concerning pay, benefits, or 
 awards;
 (I) a decision concerning education or 
 training if such education or training may 
 reasonably be expected to lead to an 
 appointment, promotion, or performance 
 evaluation; or
 (J) any other significant change in duties, 
 responsibilities, or working conditions.
 (4) Contractor employee.--The term ``contractor 
 employee'' means an employee of a contractor, 
 subcontractor, grantee, subgrantee, or personal 
 services contractor, of a covered intelligence 
 community element.
 (b) Agency Employees.--Any employee of a covered intelligence 
community element or an agency who has authority to take, 
direct others to take, recommend, or approve any personnel 
action, shall not, with respect to such authority, take or fail 
to take, or threaten to take or fail to take, a personnel 
action with respect to any employee of a covered intelligence 
community element as a reprisal for--
 (1) any lawful disclosure of information by the 
 employee to the Director of National Intelligence (or 
 an employee designated by the Director of National 
 Intelligence for such purpose), the Inspector General 
 of the Intelligence Community, a supervisor in the 
 employee's direct chain of command, or a supervisor of 
 the employing agency with responsibility for the 
 subject matter of the disclosure, up to and including 
 the head of the employing agency (or an employee 
 designated by the head of that agency for such 
 purpose), the appropriate inspector general of the 
 employing agency or covered intelligence community 
 element, a congressional intelligence committee, or a 
 member of a congressional intelligence committee, which 
 the employee reasonably believes evidences--
 (A) a violation of any Federal law, rule, or 
 regulation; or
 (B) mismanagement, a gross waste of funds, an 
 abuse of authority, or a substantial and 
 specific danger to public health or safety;
 (2) any lawful disclosure that complies with--
 (A) subsections (b)(1), (e), and (h) of 
 section 416 of title 5, United States Code;
 (B) subparagraphs (A), (D), and (H) of 
 section 17(d)(5) of the Central Intelligence 
 Agency Act of 1949 (50 U.S.C. 3517(d)(5)); or
 (C) subparagraphs (A), (D), and (I) of 
 section 103H(k)(5); or
 (3) if the actions do not result in the employee 
 unlawfully disclosing information specifically required 
 by Executive order to be kept classified in the 
 interest of national defense or the conduct of foreign 
 affairs, any lawful disclosure in conjunction with--
 (A) the exercise of any appeal, complaint, or 
 grievance right granted by any law, rule, or 
 regulation;
 (B) testimony for or otherwise lawfully 
 assisting any individual in the exercise of any 
 right referred to in subparagraph (A); or
 (C) cooperation with or disclosing 
 information to the Inspector General of an 
 agency, in accordance with applicable 
 provisions of law in connection with an audit, 
 inspection, or investigation conducted by the 
 Inspector General.
 (c) Contractor Employees.--(1) Any employee of an agency or 
of a contractor, subcontractor, grantee, subgrantee, or 
personal services contractor, of a covered intelligence 
community element who has authority to take, direct others to 
take, recommend, or approve any personnel action, shall not, 
with respect to such authority, take or fail to take, or 
threaten to take or fail to take, a personnel action with 
respect to any contractor employee as a reprisal for--
 (A) any lawful disclosure of information by the 
 contractor employee to the Director of National 
 Intelligence (or an employee designated by the Director 
 of National Intelligence for such purpose), the 
 Inspector General of the Intelligence Community, a 
 supervisor in the contractor employee's direct chain of 
 command, or a supervisor of the employing or 
 contracting agency or employing contractor with 
 responsibility for the subject matter of the 
 disclosure, up to and including the head of the 
 employing or contracting agency (or an employee 
 designated by the head of that agency for that purpose) 
 or employing contractor, the appropriate inspector 
 general of the employing or contracting agency or 
 covered intelligence community element, a congressional 
 intelligence committee, or a member of a congressional 
 intelligence committee, which the contractor employee 
 reasonably believes evidences--
 (i) a violation of any Federal law, rule, or 
 regulation (including with respect to evidence 
 of another employee or contractor employee 
 accessing or sharing classified information 
 without authorization); or
 (ii) mismanagement, a gross waste of funds, 
 an abuse of authority, or a substantial and 
 specific danger to public health or safety;
 (B) any lawful disclosure that complies with--
 (i) subsections (b)(1), (e), and (h) of 
 section 416 of title 5, United States Code;
 (ii) subparagraphs (A), (D), and (H) of 
 section 17(d)(5) of the Central Intelligence 
 Agency Act of 1949 (50 U.S.C. 3517(d)(5)); or
 (iii) subparagraphs (A), (D), and (I) of 
 section 103H(k)(5); or
 (C) if the actions do not result in the contractor 
 employee unlawfully disclosing information specifically 
 required by Executive order to be kept classified in 
 the interest of national defense or the conduct of 
 foreign affairs, any lawful disclosure in conjunction 
 with--
 (i) the exercise of any appeal, complaint, or 
 grievance right granted by any law, rule, or 
 regulation;
 (ii) testimony for or otherwise lawfully 
 assisting any individual in the exercise of any 
 right referred to in clause (i); or
 (iii) cooperation with or disclosing 
 information to the Inspector General of an 
 agency, in accordance with applicable 
 provisions of law in connection with an audit, 
 inspection, or investigation conducted by the 
 Inspector General.
 (2) A personnel action under paragraph (1) is prohibited even 
if the action is undertaken at the request of an agency 
official, unless the request takes the form of a 
nondiscretionary directive and is within the authority of the 
agency official making the request.
 (d) Rule of Construction.--Consistent with the protection of 
intelligence sources and methods, nothing in subsection (b) or 
(c) shall be construed to authorize--
 (1) the withholding of information from Congress; or
 (2) the taking of any personnel action against an 
 employee who lawfully discloses information to 
 Congress.
 (e) Disclosures.--A disclosure shall not be excluded from 
this section because--
 (1) the disclosure was made to an individual, 
 including a supervisor, who participated in an activity 
 that the employee reasonably believed to be covered 
 under subsection (b)(1)(B) or the contractor employee 
 reasonably believed to be covered under subsection 
 (c)(1)(A)(ii);
 (2) the disclosure revealed information that had been 
 previously disclosed;
 (3) the disclosure was not made in writing;
 (4) the disclosure was made while the employee was 
 off duty;
 (5) of the amount of time which has passed since the 
 occurrence of the events described in the disclosure; 
 or
 (6) the disclosure was made during the normal course 
 of duties of an employee or contractor employee.
 (f) Enforcement.--The President shall provide for the 
enforcement of this section consistent, to the fullest extent 
possible, with the policies and procedures used to adjudicate 
alleged violations of section 2302(b)(8) of title 5, United 
States Code.
 (g) Existing Rights Preserved.--Nothing in this section shall 
be construed to--
 (1) preempt or preclude any employee, contractor 
 employee, or applicant for employment, at the Federal 
 Bureau of Investigation from exercising rights provided 
 under any other law, rule, or regulation, including 
 section 2303 of title 5, United States Code; or
 (2) repeal section 2303 of title 5, United States 
 Code.

SEC. [1106.] 1202. INSPECTOR GENERAL EXTERNAL REVIEW PANEL.

 (a) Request for Review.--An individual with a claim described 
in subsection (b) may submit to the Inspector General of the 
Intelligence Community a request for a review of such claim by 
an external review panel convened under subsection (c).
 (b) Claims and Individuals Described.--A claim described in 
this subsection is any--
 (1) claim by an individual--
 (A) that the individual has been subjected to 
 a personnel action that is prohibited under 
 section [1104] 1201; and
 (B) who has exhausted the applicable review 
 process for the claim pursuant to enforcement 
 of such section; or
 (2) claim by an individual--
 (A) that he or she has been subjected to a 
 reprisal prohibited by paragraph (1) of section 
 3001(j) of the Intelligence Reform and 
 Terrorism Prevention Act of 2004 (50 U.S.C. 
 3341(j)); and
 (B) who received a decision on an appeal 
 regarding that claim under paragraph (4) of 
 such section.
 (c) External Review Panel Convened.--
 (1) Discretion to convene.--Upon receipt of a request 
 under subsection (a) regarding a claim, the Inspector 
 General of the Intelligence Community may, at the 
 discretion of the Inspector General, convene an 
 external review panel under this subsection to review 
 the claim.
 (2) Membership.--
 (A) Composition.--An external review panel 
 convened under this subsection shall be 
 composed of three members as follows:
 (i) The Inspector General of the 
 Intelligence Community.
 (ii) Except as provided in 
 subparagraph (B), two members selected 
 by the Inspector General as the 
 Inspector General considers appropriate 
 on a case-by-case