HR 8367 — Intelligence Authorization Act for Fiscal Year 2023

Modifications to responsibilities and authorities of Director of National Intelligence.

Sec.

402.

Annual submission to Congress of National Intelligence Priorities Framework.

Sec.

403.

Disposition of records of Office of the Director of National Intelligence.

Subtitle B--Central Intelligence Agency Sec.

411.

Authority of Central Intelligence Agency to provide protection for certain personnel.

Sec.

412.

Notification of use of certain expenditure authorities.

Sec.

413.

Clarification of authorities relating to security personnel at Office of Director of National Intelligence facilities and installations.

Sec.

414.

Office of Workforce Support of Central Intelligence Agency.

Sec.

415.

Establishment of External Advisory Board for Talent for the Central Intelligence Agency.

Sec.

416.

Study on relationship between Central Intelligence Agency and Congress.

Sec.

417.

Historical Advisory Panel of Central Intelligence Agency.

Subtitle C--Elements of the Defense Intelligence Enterprise Sec.

421.

Deputy Director for Defense Intelligence responsible for warfighter support.

Sec.

422.

Cover enhancement authorities.

Sec.

423.

Authority of Army counterintelligence agents to execute warrants and make arrests.

Sec.

424.

Inclusion of Space Force as element of intelligence community.

Sec.

425.

Military intelligence collection and analysis partnerships.

Sec.

426.

Intelligence assessment of effects of counterterrorism strikes.

Sec.

427.

Submission of certain legislative proposals.

Sec.

428.

Oversight of Defense Intelligence Agency culture.

Sec.

429.

Cyber intelligence surveillance reconnaissance information.

Sec.

430.

Information on cover activities of Department of Defense.

Subtitle D--Other Elements Sec.

441.

Authorization relating to certain intelligence and counterintelligence activities of Coast Guard.

Sec.

442.

Study on personnel under Strategic Intelligence Partnership Program.

Sec.

443.

Assessment of handling of certain information relating to deliberations of Bureau of Industry and Security.

TITLE V--MATTERS RELATING TO EMERGING TECHNOLOGIES Subtitle A--General Matters Sec.

501.

Definitions.

Sec.

502.

Officials responsible for artificial intelligence policies of the intelligence community.

Subtitle B--Improvements Relating to Procurement Sec.

511.

Additional transaction authority.

Sec.

512.

Offices of Commercial Integration.

Sec.

513.

Pilot program for designation of certain SBIR and STTR projects as Entrepreneurial Innovation Projects.

Sec.

514.

Reduction of barriers relating to contracts for artificial intelligence and other emerging technologies.

Sec.

515.

Compliance by the intelligence community with requirements of the Federal Acquisition Regulation relating to commercially available off-the-shelf items and commercial services.

Sec.

516.

Policy on required user adoption metrics in certain contracts for artificial intelligence software products.

Sec.

517.

Assessments relating to information technology and software systems.

Subtitle C--Reports Sec.

521.

Reports on integration of artificial intelligence within intelligence community.

Sec.

522.

Report on potential benefits of establishment of ICWERX.

Sec.

523.

Requirements and report on workforce needs of intelligence community relating to science, technology, engineering, and mathematics, and related areas.

Subtitle D--Other Matters Sec.

531.

Improvements to use of commercial software products.

Sec.

532.

Improvements to employees and managers relating to emerging technologies, software development, acquisition, and sustainment.

TITLE VI--MATTERS RELATING TO FOREIGN COUNTRIES Subtitle A--Miscellaneous Authorities, Requirements, and Limitations Sec.

601.

Notice of deployment or transfer of containerized missile systems by Russia, China, or Iran.

Sec.

602.

Intelligence community coordinator for Russian atrocities accountability.

Sec.

603.

Lead intelligence community coordinator for countering and neutralizing proliferation of Iran-origin unmanned aircraft systems.

Sec.

604.

Collaboration between intelligence community and Department of Commerce to counter foreign commercial threats.

Sec.

605.

Intelligence assessment on foreign weaponization of advertisement technology data.

Sec.

606.

Intelligence community assessment regarding Russian gray zone assets.

Sec.

607.

Intelligence assessment on effects of sanctions on Russia.

Subtitle B--Reports and Other Matters Sec.

611.

Report on assessing will to fight.

Sec.

612.

Report on impact of Russia invasion of Ukraine on global food security.

Sec.

613.

Report on threat from hypersonic weapons.

Sec.

614.

Report on ordnance of Russia and China.

Sec.

615.

Report on activities of China and Russia targeting Latin America and the Caribbean.

Sec.

616.

Report on support provided by China to Russia.

Sec.

617.

Report on global CCP investment in port infrastructure.

Sec.

618.

Sense of Congress on provision of support by intelligence community for atrocity prevention and accountability.

TITLE VII--REPORTS AND OTHER MATTERS Sec.

701.

Repeal of certain report requirements.

Sec.

702.

Increased intelligence-related engineering, research, and development capabilities of minority institutions.

Sec.

703.

Annual report on response to Government Accountability Office recommendations to intelligence community.

Sec.

704.

Annual report on efforts of the Federal Bureau of Investigation to identify and promote diverse candidates.

Sec.

705.

Reports on personnel vetting processes and progress under Trusted Workforce 2.0 initiative.

Sec.

706.

Reports relating to programs of record of National Geospatial-Intelligence Agency.

Sec.

707.

Plan regarding Social Media Data and Threat Analysis Center.

Sec.

708.

Report on use of publicly available social media information in personnel vetting determinations.

Sec.

709.

Report on strengthening workforce diversity planning and oversight.

Sec.

710.

Report on improving opportunities for women and minorities for promotions in the intelligence community.

Sec.

711.

Report on transition of National Reconnaissance Office to digital engineering environment.

Sec.

712.

Report on Department of Homeland Security intelligence enterprise.

Sec.

713.

Report on declassification efforts of Central Intelligence Agency.

Sec.

714.

Report on National Space Intelligence Center.

Sec.

715.

Report on implementation of Executive Order 13556, regarding controlled unclassified information.

Sec.

716.

Comptroller General of the United States compilation of unidentified aerospace-undersea phenomena records.

Sec.

717.

National Museum of Intelligence and Special Operations.

Sec.

718.

Technical corrections.

(17) The Space Force.

(a) Specifications of Amounts.--The amounts authorized to be appropriated under section 101 for the conduct of the intelligence activities of the elements listed in paragraphs (1) through (16)(17) of section 101, are those specified in the classified Schedule of Authorizations prepared to accompany this Act.

(a) Authorization of Appropriations.--There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2023 the sum of $666,800,000.$665,800,000.

<all>SEC.

303.

JOINT INTELLIGENCE COMMUNITY COUNCIL.

(a) Membership.--Subsection (b) of section 101A of the National Security Act of 1947 (50 U.S.C.

3022) is amended-- (1) by redesignating paragraph (8) as paragraph (9);

and (2) by inserting after paragraph (7) the following new paragraph:

``(8) The Director of the Central Intelligence Agency.''.

(b) Functions.--Subsection (c) of such section is amended-- (1) in paragraph (1), by striking ``;

and'' and inserting a semicolon;

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

and'';

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

``(3) ensuring that the intelligence community has efficient and effective mechanisms to receive and prioritize the intelligence needs of the departments and agencies of the United States Government that are not part of the intelligence community or the Department of Defense.''.

(c) Meetings.--Subsection (d) of such section is amended by striking ``as the Director considers appropriate'' and inserting ``on an annual basis, or more frequently as the Director determines appropriate''.

SEC.

304.

REQUIRED POLICY FOR MINIMUM INSIDER THREAT STANDARDS.

(a) Requirement.--Section 102A(f) of the National Security Act of (50 U.S.C.

3024(f)) is amended-- (1) by redesignating paragraphs (8) and (9) as paragraphs (9) and (10), respectively;

and (2) by inserting after paragraph (7) the following new paragraph:

``(8)(A) The Director of National Intelligence shall ensure there is established a policy for minimum insider threat standards that is consistent with the Presidential memorandum of November 21, 2012, titled `National Insider Threat Policy and Minimum Standards for Executive Branch Insider Threat Programs', or any successor thereto.

``(B) The head of each element of the intelligence community shall implement the policy under subparagraph (A) within that element, and, concurrent with the submission to Congress of budget justification materials 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 submit to Congress a certification as to whether the element is in compliance with such policy.

``(C) The Director shall conduct periodic audits to determine whether each element of the intelligence community is in compliance with the policy under subparagraph (A).

The Director may refer any audit under this subparagraph to the Inspector General of the Intelligence Community, who shall conduct such audit on behalf of the Director.''.

(b) Conforming Amendment.--Section 102A(x)(3) of such Act (50 U.S.C.

3024(x)(3)) is amended by inserting ``, including the policy under subsection (f)(8),'' after ``policies of the intelligence community''.

SEC.

305.

TIMELY SUBMISSION OF CLASSIFIED INTELLIGENCE BUDGET JUSTIFICATION MATERIALS.

Title V of the National Security Act of 1947 (50 U.S.C.

3091 et seq.) is amended by inserting after section 506I the following new section (and conforming the table of contents at the beginning of such Act accordingly):

``SEC.

506J.

CLASSIFIED INTELLIGENCE BUDGET JUSTIFICATION MATERIALS.

``(a) Timely Submission.--At the same time as the President submits to Congress the budget for each fiscal year, the Director of National Intelligence shall submit to the congressional intelligence committees the classified intelligence budget justification materials for the element for that budget.

``(b) Definitions.--In this section:

``(1) The term `budget' has the meaning given the term `budget of the President' in section 506A.

``(2) The term `classified intelligence budget justification materials' means, with respect to a fiscal year, the materials submitted to Congress by the Director of National Intelligence in support of the budget for that fiscal year that are classified or otherwise protected from public disclosure.''.

SEC.

306.

UNFUNDED PRIORITIES OF THE INTELLIGENCE COMMUNITY.

Title V of the National Security Act of 1947 (50 U.S.C.

3091 et seq.), as amended by section 305, is further amended by adding at the end the following new section (and conforming the table of contents at the beginning of such Act accordingly):

``SEC.

514.

UNFUNDED PRIORITIES OF THE INTELLIGENCE COMMUNITY:

ANNUAL REPORT.

``(a) Annual Report.--Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, United States Code, the head of each element of the intelligence community shall submit to the Director of National Intelligence and to the congressional intelligence committees a report on the unfunded priorities of the programs under the jurisdiction of such head.

``(b) Elements.-- ``(1) In general.--Each report under subsection (a) shall specify, for each unfunded priority covered by such report, the following:

``(A) A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part).

``(B) Whether such priority will satisfy a covert action or support collection against requirements identified in 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), including a description of such requirements and the related prioritization level.

``(C) The additional amount of funds recommended in connection with the objectives under subparagraph (A).

``(D) Budget information with respect to the unfunded priority, including-- ``(i) the appropriation account;

``(ii) the expenditure center;

and ``(iii) the project and, if applicable, subproject.

``(2) Prioritization of priorities.--Each report shall present the unfunded priorities covered by such report in overall order of urgency of priority among unfunded priorities.

``(c) Unfunded Priority Defined.--In this section, the term `unfunded priority', in the case of a fiscal year, means a program, activity, or mission requirement of an element of the intelligence community that-- ``(1) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31, United States Code;

``(2) is necessary to fulfill a covert action or to satisfy an information requirement associated with the collection, analysis, or dissemination of intelligence that has been documented within the National Intelligence Priorities Framework;

and ``(3) would have been recommended for funding by the head of the element of the intelligence community if-- ``(A) additional resources had been available for the budget to fund the program, activity, or mission requirement;

or ``(B) the program, activity, or mission requirement has emerged since the budget was formulated.''.

SEC.

307.

SUBMISSION OF CLASSIFIED ANNEXES TO EXECUTIVE ORDERS AND OTHER DOCUMENTS.

(a) Requirement.--Title V of the National Security Act of 1947 (50 U.S.C.

3091 et seq.), as amended by section 306, is further amended by adding at the end the following new section (and conforming the table of contents at the beginning of such Act accordingly):

``SEC.

515.

SUBMISSION OF CLASSIFIED ANNEXES TO EXECUTIVE ORDERS AND OTHER DOCUMENTS.

``(a) Requirement.--Not later than 7 days after the date on which the President issues or amends a covered document, the Director of National Intelligence shall submit to the congressional intelligence committees any classified annex accompanying that document if such annex contains a reference to any element of the intelligence community.

``(b) Covered Document Defined.--In this section, the term `covered document' means any executive order, memorandum, or policy directive issued by the President, including national security Presidential memoranda and Presidential policy directives, or such successor memoranda and directives.''.

(b) Initial Submission.--Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees each classified annex required under section 515 of the National Security Act, as added by subsection (a), in effect as of the date of enactment of this Act.

SEC.

308.

IMPROVEMENTS TO PROGRAM ON RECRUITMENT AND TRAINING.

Section 1022 of the National Security Act of 1947 (50 U.S.C.

3222) is amended to read as follows:

``SEC.

1022.

PROGRAM ON RECRUITMENT AND TRAINING.

``(a) Program.-- ``(1) Requirement.--The Director of National Intelligence, in consultation with the heads of the elements of the intelligence community, shall carry out a program to ensure that selected individuals are provided funds for academic training (including with respect to both undergraduate and postgraduate education), or to reimburse for academic training previously obtained-- ``(A) in capabilities, missions, or skillsets, especially in the fields of science, technology, mathematics, and engineering, to address workforce requirements in which the intelligence community is deficient or likely to be deficient in the future;

or ``(B) for such individuals who have backgrounds or experiences that the Director has identified as being underrepresented in the intelligence community or likely to be underrepresented in the future.

``(2) Commitment.--An individual selected for participation in the program shall commit to employment with an element of the intelligence community for a period that the Director determines is commensurate with the amount of funding provided to the individual under the program and under such terms and conditions as the Director considers appropriate.

``(3) Designation.--The program shall be known as the Pat Roberts Intelligence Scholars Program.

``(4) Outreach.--The Director, in consultation with the heads of the elements of the intelligence community, shall maintain a publicly available internet website on the program that describes-- ``(A) the intent of the program;

``(B) the conditions and requirements for selection and participation;

``(C) application instructions;

``(D) the areas covered by the program pursuant to the review conducted under subsection (b)(2);

and ``(E) any other details the Director determines appropriate.

``(b) Elements.--In carrying out the program under subsection (a), the Director shall-- ``(1) establish such requirements relating to the academic training of participants as the Director considers appropriate to ensure that participants are prepared for employment as intelligence professionals;

and ``(2) on an annual basis, review the areas that will contribute to the capabilities, missions, and skillsets in which the intelligence community is deficient or is likely to be deficient in the future.

``(c) Use of Funds.--Funds made available for the program under subsection (a) shall be used-- ``(1) to provide a monthly stipend for each month that a participant is pursuing a course of study;

``(2) to pay the partial or full tuition or other appropriate education expenses of a participant for the completion of such course of study;

``(3) to reimburse a participant for tuition or other appropriate education expenses paid by the participant before becoming an employee of an element of the intelligence community, including with respect to providing payments for student loans used for such tuition and expenses;

``(4) to pay for books and materials that the participant requires or required to complete such course of study;

``(5) to pay the expenses of the participant for travel requested by an element of the intelligence community in relation to such program;

or ``(6) for such other purposes the Director considers reasonably appropriate to carry out such program.''.

SEC.

309.

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

(a) Findings.--Congress finds the following:

(1) The proliferation of foreign commercial spyware poses an acute and emergent threat to the national security of the United States.

(2) Foreign entities have developed and supplied foreign commercial spyware to other foreign governments that used these tools to maliciously target officials of the United States Government.

Many of those foreign governments have, in service of their repressive activities, targeted journalists, businesspeople, activists, academics, and other persons.

(3) Furthermore, public reports suggest that foreign companies involved in the proliferation of foreign commercial spyware maintain close ties to foreign governments and their intelligence services.

This close relationship between foreign governments and the companies selling foreign commercial spyware furthers the already substantial counterintelligence concerns for any end-user of these products, including potential end-users in the United States.

(4) To mitigate the grave counterintelligence threat posed by the rapid spread of these tools--as well as to improve the digital security of citizens of the United States, combat cyber threats, and mitigate unlawful surveillance--the United States on January 19, 2022, finalized a rule establishing controls on the export, reexport, or in-country transfer of certain items that can be used for malicious cyber activities.

(5) In furtherance of the same national security objectives, the Commerce Department on November 4, 2021, released a rule adding four foreign companies to the Entity List for engaging in activities that are contrary to the national security or foreign policy interests of the United States.

This rule had the practical effect of preventing the listed companies from receiving American technologies.

(6) Subsequent public reports indicate that at least one of the four companies added to the Entity List attempted to evade these and other restrictions, and a private consultancy which oversees that company informed the European Parliament in 2022 that it could not confirm the blacklisted company is complying with all relevant laws and regulatory frameworks.

(b) Sense of Congress.--It is the sense of Congress that the intelligence community, with its unique authorities, foreign intelligence mission, analytical capabilities, and other capabilities, is best positioned to lead the efforts of the United States Government to mitigate the counterintelligence threats posed by the rapidly expanding ecosystem of foreign commercial spyware, including by devising and implementing strategies to protect personnel of the United States Government from being maliciously targeted.

(c) Statement of Policy.--It shall be the policy of the United States to decisively act against counterintelligence threats posed by foreign commercial spyware, as well as the individuals who lead entities selling foreign commercial spyware and who are reasonably believed to be involved, have been involved, or pose a significant risk to being or becoming involved, in activities contrary to the national security or foreign policy interests of the United States.

(d) Measures to Mitigate Counterintelligence Threats.--Title XI of the National Security Act of 1947 (50 U.S.C.

3231 et seq.) is amended by inserting after section 1102 the following new section (and conforming the table of contents at the beginning of such Act accordingly):

``SEC.

1102A.

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

``(a) Annual Assessments of Counterintelligence Threats.-- ``(1) Requirement.--Not later than March 1, 2023, and annually thereafter, 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 congressional intelligence committees a report 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 foreign companies, as determined by the Director of National Intelligence, selling, leasing, or otherwise providing foreign commercial spyware, and associated foreign commercial entities, assessed by the intelligence community to be the most significant foreign actors in the global proliferation of foreign commercial spyware.

``(B) A description of the foreign commercial spyware marketed by the foreign companies identified under subparagraph (A) and an assessment by the intelligence community of the foreign commercial spyware.

``(C) An assessment of the counterintelligence risk to personnel of the intelligence community posed by such spyware.

``(D) Details of where each foreign company identified under subparagraph (A) is domiciled, as well as any foreign country in which the company has subsidiaries or resellers acting as the local agent on behalf of the foreign parent company.

``(E) A description of how each such foreign company is financed, where the foreign company acquired its capital, and the major investors in the foreign company.

``(F) An assessment by the intelligence community of any relationship between each such foreign company and a foreign government, including any export controls and processes to which the foreign company is subject.

``(G) To the extent such information is obtainable through clandestine collection or open source intelligence, a list of the foreign customers of each such foreign company, including the understanding by the intelligence community of the organizations and end-users within any foreign government that procured the spyware of that foreign company.

``(H) With respect to each foreign customer identified under subparagraph (G), an assessment by the intelligence community regarding how the foreign customer is using the spyware, including whether the spyware has been used to target personnel of the intelligence community.

``(I) With respect to the first report, a mitigation plan to reduce the exposure of personnel of the intelligence community to foreign commercial spyware.

``(J) With respect to each report following the first report, 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) Form.--Each report under paragraph (1) shall be submitted in classified form.

``(4) Dissemination.--The Director of National Intelligence shall share each report under paragraph (1) with the heads of other appropriate Federal departments and agencies, including the President, the heads of all elements of the intelligence community, the Secretary of State, the Attorney General, the Director of the Federal Bureau of Investigation, the Secretary of Commerce, and the heads of any other agencies the Director determines appropriate.

``(b) Classified Watchlist.-- ``(1) Submittal to congress.--The Director of National Intelligence shall submit to the appropriate congressional committees a list 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.

``(2) Updates.--The Director shall update the list under paragraph (1) not less frequently than annually.

``(3) Form.--Each list under paragraph (1) shall be submitted in classified form.

``(4) Dissemination.--The Director of National Intelligence shall share each list under paragraph (1) with the heads of other appropriate Federal departments and agencies, including the President, the heads of all elements of the intelligence community, the Secretary of State, the Attorney General, the Director of the Federal Bureau of Investigation, the Secretary of Commerce, and the heads of any other agencies the Director determines appropriate.

``(c) Authority to Prohibit Purchase or Use by Intelligence Community.-- ``(1) Foreign commercial spyware from foreign spyware company.-- ``(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 from a foreign spyware company.

``(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 the foreign commercial spyware;

and ``(ii) the assessment of the intelligence community of whether the foreign commercial spyware has been used to target United States Government personnel.

``(2) Domestic company providing foreign commercial spyware.-- ``(A) Authority to prohibit purchase.--The Director of National Intelligence may prohibit the purchase or use by the intelligence community of spyware from a domestic company if the Director determines that the spyware was originally sourced, in whole or in part, from a foreign company.

``(B) Considerations.--In considering whether and how to exercise the authority under subparagraph (A) with respect to spyware, the Director of National Intelligence shall consider-- ``(i) whether the original owner or developer retains any of the physical property or intellectual property associated with the spyware;

``(ii) whether the original owner or developer has verifiably destroyed all copies of the data collected by or associated with the spyware;

``(iii) whether the personnel of the original owner or developer retain any access to data collected by or associated with the spyware;

``(iv) whether the use of the spyware requires the user to connect to an information system of the original owner or developer or of a foreign government;

and ``(v) whether the spyware poses a counterintelligence risk to the United States or any other threat to the national security of the United States.

``(3) Domestic 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 domestic 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) with respect to a domestic company that has acquired foreign commercial spyware, the Director of National Intelligence shall consider-- ``(i) whether the original owner or developer of the spyware retains any of the physical property or intellectual property associated with the spyware;

``(ii) whether the original owner or developer of the spyware has verifiably destroyed all copies of the data collected by or associated with the spyware;

``(iii) whether the personnel of the original owner or developer of the spyware retain any access to data collected by or associated with the spyware;

``(iv) whether the use of the spyware requires the user to connect to an information system of the original owner or developer or of a foreign government;

and ``(v) whether the spyware poses a counterintelligence risk to the United States or any other threat to the national security of the United States.

``(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), (2), or (3).

The Director may issue such a waiver in response to such a request if-- ``(i) such waiver is in the national security interest of the United States;

and ``(ii) the Director submits to the congressional intelligence committees the notice described in subparagraph (B).

``(B) Notice.--Not later than 30 days after issuing a waiver under subparagraph (A), the Director of National Intelligence shall submit to the congressional intelligence committees notice of the waiver.

Such notice shall include-- ``(i) an identification of the head of the element of the intelligence community that requested the waiver;

``(ii) the rationale for issuing the waiver;

and ``(iii) the considerations that informed the ultimate determination of the Director to issue the wavier.

``(5) Termination of prohibition.--The Director of National Intelligence may terminate a prohibition made under paragraph (1), (2), or (3) at any time.

``(d) Notifications.-- ``(1) In general.--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 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.

``(2) Counterintelligence notifications.--Not later than 30 days after the date on which an element of the intelligence community becomes aware that a Government-issued mobile device was targeted or compromised by foreign commercial spyware, the Director of National Intelligence, in coordination with the Director of the Federal Bureau of Investigation, shall notify the congressional intelligence committees of such determination, including-- ``(A) the component of the element and the location of the personnel whose device was targeted or compromised;

``(B) the number of devices compromised or targeted;

``(C) an assessment by the intelligence community of the damage to national security of the United States resulting from any loss of data or sensitive information;

``(D) an assessment by the intelligence community of any foreign government, or foreign organization or entity, and, to the extent possible, the foreign individuals, who directed and benefitted from any information acquired from the targeting or compromise;

and ``(E) as appropriate, an assessment by the intelligence community of the capacity and will of such governments or individuals to continue targeting personnel of the United States Government.

``(e) Definitions.--In this section:

``(1) Appropriate congressional committees.--The term `appropriate congressional committees' means-- ``(A) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives;

and ``(B) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate.

``(2) Domestic company.--The term `domestic company' means a commercial entity, or any subsidiary or affiliate of the entity, incorporated or domiciled in the United States that-- ``(A) sells, leases, or otherwise provides foreign commercial spyware, including by reason of-- ``(i) taking ownership, in whole or in part, of a foreign spyware company;

or ``(ii) entering into a partnership with a foreign spyware company;

or ``(B) otherwise owns, leases, or has access to foreign commercial spyware.

``(3) Foreign commercial spyware.--The term `foreign commercial spyware' means a tool (or set of tools) sold, leased, marketed, or otherwise provided as an end-to-end system originally developed or owned by a foreign spyware company that provides a purchaser remote access to information stored on or transiting through an electronic device connected to the internet, including end-to-end systems that-- ``(A) allow malign actors to infect mobile and internet-connected devices with malware over both wireless internet and cellular data connections, including without any action required by the user of the device;

``(B) can record telephone calls and other audio;

``(C) track the location of the device;

or ``(D) access and retrieve information on the device, including text messages, files, e-mails, transcripts of chats, contacts, photos, and browsing history.

``(4) Foreign spyware company.--The term `foreign spyware company' means an entity that is-- ``(A) incorporated or domiciled outside the United States;

and ``(B) not subject to the laws and regulations of the United States regulating the surveillance of citizens of the United States and foreign citizens.

``(5) Government-issued mobile device.--The term `Government-issued mobile device' means a smartphone, tablet, or laptop, or similar portable computing device, that is issued to personnel of the intelligence community by a department or agency of the United States Government for official use by the personnel.

``(6) United states person.--The term `United States person' has the meaning given that term in Executive Order (50 U.S.C.

3001 note), or any successor order.''.

(e) Government-issued Mobile Devices.-- (1) Requirement.--Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall-- (A) issue standards, guidance, best practices, and policies for elements of the intelligence community to protect Government-issued mobile devices from being compromised by foreign commercial spyware;

(B) survey elements of the intelligence community regarding the processes used by the elements to routinely monitor Government-issued mobile devices for known indicators of compromise associated with foreign commercial spyware;

or (C) submit to the appropriate congressional committees a report on the sufficiency of the measures in place to routinely monitor Government-issued mobile devices of appropriate personnel of the intelligence community for known indicators of compromise associated with foreign commercial spyware.

(2) Form.--The report under subparagraph (B) may be submitted in classified form.

(3) Private sector partnerships.--Section 904(d)(7) of the Counterintelligence Enhancement Act of 2002 (50 U.S.C.

3383(d)(7)) is amended by adding at the end the following new paragraph:

``(E) Vulnerabilities from foreign commercial spyware.-- ``(i) Consultation.--In carrying out efforts to secure Government-issued mobile devices, to consult with the private sector of the United States and reputable third-party researchers to identify vulnerabilities from foreign commercial spyware and maintain effective security measures for such devices.

``(ii) Definitions.--In this subparagraph, the terms `Government-issued mobile devices' and `foreign commercial spyware' have the meaning given those terms in section 1102A of the National Security Act of 1947.''.

(f) Imposition of Sanctions Against Certain Persons Engaged in Proliferation or Use of Foreign Commercial Spyware.-- (1) Discretionary sanctions.--The President may impose the sanctions described in paragraph (2) with respect to-- (A) a foreign company the President determines, based on credible evidence, to pose a counterintelligence or other risk to the national security of the United States, such as a company included on the watchlist required by subsection (b) of section 1102A of the National Security Act of 1947, as added to subsection (d).

(B) any foreign individual who-- (i) is a current or former senior executive officer employed by a company described in subparagraph (A);

and (ii) is responsible for or complicit in, or has directly or indirectly engaged in, the proliferation of foreign commercial spyware that could enable the targeting of United States Government officials or personnel of the intelligence community;

(C) any foreign individual who-- (i) is a current or former official of a foreign government or is acting for or on behalf of such official;

and (ii) is responsible for or complicit in, or has directly or indirectly engaged in, the targeting of United States Government officials or personnel of the intelligence community through the use of foreign commercial spyware;

or (D) any foreign person that has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services to or in support of-- (i) a foreign company selling, leasing, or otherwise providing foreign commercial spyware;

or (ii) the targeting of United States Government officials or personnel of the intelligence community through the use of foreign commercial spyware.

(2) Sanctions described.--The sanctions described in this paragraph are the following:

(A) Blocking of property.--The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C.

1701 et seq.) (except that the requirements of section 202 of such Act (50 U.S.C.

1701) shall not apply) to the extent necessary to block and prohibit all transactions in property and interests in property of a person determined by the President to be subject to paragraph (1) if such property and interests in property are in the United States, come within the United States, or come within the possession or control of a United States person.

(B) Inadmissibility to the united states and revocation of visa or other documentation.-- (i) Ineligibility for visa, admission, or parole.--In the case of a foreign person determined by the President to be subject to paragraph (1) who is an individual, the foreign person is-- (I) inadmissible to the United States;

(II) ineligible to receive a visa or other documentation to enter the United States;

and (III) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C.

1101 et seq.).

(ii) Current visa revoked.--In the case of a foreign person determined by the President to be subject to paragraph (1) who is an individual, the visa or other entry documentation of the person shall be revoked, regardless of when such visa or other entry documentation is or was issued.

A revocation under this subparagraph shall take effect immediately and automatically cancel any other valid visa or entry documentation that is in the person's possession.

(iii) Exception to comply with international obligations.--Sanctions under this paragraph shall not apply with respect to a foreign person if admitting or paroling the person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.

(3) Implementation;

penalties.-- (A) Implementation.--The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C.

and 1704) to carry out this subsection and shall issue such regulations, licenses, and orders as are necessary to carry out this subsection.

(B) Penalties.--Any person that violates, attempts to violate, conspires to violate, or causes a violation of this subsection or any regulation, license, or order issued to carry out subparagraph (A) shall be subject to the penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C.

1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.

(4) Exception relating to importation of goods.-- (A) In general.--The authorities to impose sanctions authorized under this subsection shall not include the authority to impose sanctions on the importation of goods.

(B) Good defined.--In this paragraph, the term ``good'' means any article, natural or man-made substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.

(5) Termination.--The President may terminate the application of sanctions under this subsection at any time.

(g) Report on Harmonization Among Five Eyes Partnership.-- (1) Requirement.--Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the potential for the United States to lead an effort to devise and implement a common approach with the Five Eyes Partnership to mitigate the counterintelligence risks posed by the proliferation of foreign commercial spyware, including by seeking commitments from partner countries of the Five Eyes Partnership to implement measures similar to the requirements under this section and section 1102A of the National Security Act of 1947 (50 U.S.C.

3231 et seq.), as added by this section.

(2) Form.--The report under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex, consistent with the protection of intelligence sources and methods.

(h) Definitions.--In this section:

(1) Appropriate congressional committees.--The term ``appropriate congressional committees'' means-- (A) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives;

and (B) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate.

(2) Foreign commercial spyware;

foreign spyware company;

government-issued mobile device.--The terms ``foreign commercial spyware'', ``foreign spyware company'', and ``Government-issued mobile device'' have the meanings given those terms in section 1102A of the National Security Act of (50 U.S.C.

3231 et seq.), as added by this section.

(3) Five eyes partnership.--The term ``Five Eyes Partnership'' means the intelligence alliance comprising Australia, Canada, New Zealand, the United Kingdom, and the United States.

(4) Foreign person.--The term ``foreign person'' means a person that is not a United States person.

(5) Person.--The term ``person'' means an individual or an entity (including a company).

SEC.

310.

EXPANSION OF TREATMENT OF MOVING EXPENSES.

(a) Deduction.--Section 217(k) of the Internal Revenue Code of 1986 is amended by inserting ``or an employee or new appointee of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C.

3003)) (other than a member of the Armed Forces of the United States) who moves pursuant to a change in assignment that requires relocation'' after ``to whom subsection (g) applies''.

(b) Exclusion for Qualified Moving Expense Reimbursements.--Section 132(g)(2) of the Internal Revenue Code of 1986 is amended by inserting ``or an employee or new appointee of the intelligence community (as defined in section 3 of the National Security Act of 1947 (50 U.S.C.

3003)) (other than a member of the Armed Forces of the United States) who moves pursuant to a change in assignment that requires relocation'' after ``change of station''.

(c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2021.

SEC.

311.

PERSONNEL VETTING PERFORMANCE MEASURES.

(a) Measures.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, acting as the Security Executive Agent, and in coordination with the Chair and other principals of the Council, shall develop performance measures to assess the vetting of personnel, including measures to assess continuous vetting and the quality of each phase of the security clearance process, including the initiation, investigation, and adjudication phases.

(b) Report.-- (1) Requirement.--Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report describing the performance measures developed under subsection (a).

(2) Elements.--The report under paragraph (1) shall include the following:

(A) A description of how departments and agencies of the United States Government have implemented Security Executive Agent Directive 6 titled ``Continuous Evaluation'' and related personnel vetting performance measures to ensure that implementation is efficient and effective, including the resources expended by each department or agency for continuous vetting and whether departments and agencies are identifying security-relevant information in a timely manner.

(B) A description of the performance measures the Director of National Intelligence and the Secretary of Defense use to assess the quality of each phase of the security clearance process, including initiation, investigation, adjudication, reinvestigation, and continuous vetting.

(C) How such performance measures meet key attributes for successful performance measures as described in the report of the Comptroller General of the United States titled ``Personnel Vetting:

Actions Needed to Implement Reforms, Address Challenges, and Improve Planning'' (GAO-22-104093).

(D) Any impediments or constraints relating to the implementation of Security Executive Agent Directive 6 or the development of such performance measures to assess the quality of the clearance process.