Intelligence Authorization Act for Fiscal Year 2024

IB Union Calendar No. 129 118TH CONGRESS 1ST SESSION H. R. 3932 [Report No. 118–162] To authorize appropriations for fiscal year 2024 for intelligence and intel- ligence related activities of the United States Government, the Commu- nity Management Account, and the Central Intelligence Agency Retire- ment and Disability System, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 7, 2023 Mr. TURNER introduced the following bill; which was referred to the Permanent Select Committee on Intelligence AUGUST 18, 2023 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on June 7, 2023] VerDate Sep 11 2014 21:50 Aug 18, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3932.RH H3932 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 3932 RH A BILL To authorize appropriations for fiscal year 2024 for intel- ligence and intelligence related activities of the United States Government, the Community Management Ac- count, and the Central Intelligence Agency Retirement and Disability System, and for other purposes. VerDate Sep 11 2014 21:50 Aug 18, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H3932.RH H3932 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 3932 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the ‘‘In- 4 telligence Authorization Act for Fiscal Year 2024’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—INTELLIGENCE ACTIVITIES Sec. 101. Authorization of appropriations. Sec. 102. Classified schedule of authorizations. Sec. 103. Intelligence Community Management Account. TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM Sec. 201. Authorization of appropriations. TITLE III—GENERAL INTELLIGENCE COMMUNITY MATTERS Sec. 301. Restriction on conduct of intelligence activities. Sec. 302. Increase in employee compensation and benefits authorized by law. Sec. 303. Prohibition on availability of funds to implement Executive Order 13556. Sec. 304. Nonapplicability of certain prohibitions relating to modification of ac- count structure for National Intelligence Program budget. Sec. 305. Secure communication between Congress and intelligence community. TITLE IV—MATTERS RELATING TO NATIONAL INTELLIGENCE ENTERPRISE Subtitle A—Miscellaneous Authorities and Limitations Sec. 401. Enhanced personnel security review with respect to social media. Sec. 402. Limitation on authority of Director of National Intelligence to establish additional national intelligence centers. Sec. 403. Improvements relating to intelligence community staffing, details, and assignments. Sec. 404. Insider threats. Sec. 405. Modification of deadline for annual submission of National Intelligence Priorities Framework. Sec. 406. Matters relating to chief data officers of intelligence community. Sec. 407. Modification to special pay authority for science, technology, engineer- ing, or mathematics positions. Sec. 408. Annual report on unfunded priorities of intelligence community. Sec. 409. Notice to Congress of counterintelligence threats to legislative branch. VerDate Sep 11 2014 21:50 Aug 18, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6213 E:\BILLS\H3932.RH H3932 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 3932 RH Sec. 410. Congressional notice of counterintelligence investigations into persons holding elected offices and candidates for such offices. Sec. 411. Submission of legislative proposals. Sec. 412. Sunset of certain intelligence community reporting requirements. Sec. 413. Notice and damage assessment with respect to significant unauthorized disclosure of classified national intelligence. Sec. 414. In-state tuition rates for certain members of intelligence community. Sec. 415. Repeal of study on personnel under Strategic Intelligence Partnership Program. Sec. 416. Authorization relating to certain intelligence and counterintelligence ac- tivities of Coast Guard. Sec. 417. Intelligence Community Counterintelligence Offices. Sec. 418. Termination of Climate Security Advisory Council. Sec. 419. Limitation on availability of funds for Federal Bureau of Investigation pending submission of information regarding certain media en- gagements. Sec. 420. Limitation on availability of funds for Federal Bureau of Investigation pending submission of certain memorandum relating to budget. Sec. 421. Limitation on availability of funds for Office of the Director of Na- tional Intelligence pending submission of certain documents and annexes. Subtitle B—Reports and Other Matters Sec. 431. Inclusion of counternarcotics as special topic in certain budget justifica- tion materials. Sec. 432. Development of plan to make open-source intelligence products available to certain Federal employees. Sec. 433. Intelligence community-wide policy on prepublication review. Sec. 434. Review relating to confidential human source program of Federal Bu- reau of Investigation. Sec. 435. Inspector General of the Intelligence Community assessment of Overt Human Intelligence Collection Program of Department of Home- land Security. Sec. 436. Intelligence assessments regarding Haiti. Sec. 437. Intelligence assessment of influence operations by People’s Republic of China toward Pacific Islands countries. Sec. 438. Independent study on economic impact of military invasion of Taiwan by People’s Republic of China. Sec. 439. Reports on civilian casualties caused by certain operations of foreign governments. Sec. 440. Report by Director of National Intelligence on Uyghur genocide. Sec. 441. Technical corrections. TITLE V—MATTERS RELATING TO DEFENSE INTELLIGENCE AND OVERHEAD ARCHITECTURE Sec. 501. Extension of authority to engage in commercial activities as security for intelligence collection activities. Sec. 502. Modification of reporting requirement for All-Domain Anomaly Resolu- tion Office. Sec. 503. Military intelligence collection and analysis partnerships. Sec. 504. Authorization for establishment of National Space Intelligence Center as field operating agency. Sec. 505. Defense Intelligence Agency assessment of strategic competition in Latin America and the Caribbean. VerDate Sep 11 2014 21:50 Aug 18, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6213 E:\BILLS\H3932.RH H3932 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 3932 RH Sec. 506. Quarterly briefings relating to use of Military Intelligence Program funds. TITLE VI—MATTERS RELATING TO NATIONAL SECURITY AGENCY, CYBER, AND COMMERCIAL CLOUD ENTERPRISE Sec. 601. Congressional notification by National Security Agency of intelligence collection adjustments. Sec. 602. Modifications to enforcement of cybersecurity requirements for national security systems. Sec. 603. Support by intelligence community for certain cross-functional team of Department of Defense. Sec. 604. Commercial Cloud Enterprise notification. Sec. 605. Commercial Cloud Enterprise sole source task order notification re- quirement. Sec. 606. Analysis of commercial cloud initiatives of intelligence community. TITLE VII—MATTERS RELATING TO CENTRAL INTELLIGENCE AGENCY Sec. 701. Inspector General of the Central Intelligence Agency quarterly employee engagement summaries. Sec. 702. Improved funding flexibility for payments made by Central Intelligence Agency for qualifying injuries to brain. Sec. 703. Benjamin Tallmadge Institute as primary Central Intelligence Agency entity for education and training in counterintelligence. Sec. 704. Central Intelligence Agency intelligence assessment of Sinaloa Cartel and Jalisco Cartel. Sec. 705. Central Intelligence Agency intelligence assessment with respect to ef- forts by People’s Republic of China to increase influence in Mid- dle East. Sec. 706. Assessment of availability of mental health and chaplain services to Agency employees. Sec. 707. Assessment by Director of Central Intelligence Agency on certain effects of Abraham Accords. TITLE VIII—REPORTING AND INVESTIGATIONS OF ALLEGATIONS OF SEX-RELATED OFFENSES AND SEXUAL HARASSMENT IN CEN- TRAL INTELLIGENCE AGENCY Sec. 801. Reporting and investigation of allegations of sex-related offenses and sexual harassment in Central Intelligence Agency. TITLE IX—MATTERS RELATING TO TECHNOLOGY AND INNOVATION Sec. 901. Intelligence Community Innovation Unit. Sec. 902. Establishment of Office of Engagement. Sec. 903. Requirement for a chief technology officer within each element of the in- telligence community. Sec. 904. Requirement to authorize additional security clearances for certain con- tractors. Sec. 905. Intelligence Innovation Board. Sec. 906. Programs for next-generation microelectronics in support of artificial intelligence. Sec. 907. Program for Beyond 5G. Sec. 908. Intelligence community commercial remote sensing requirements. VerDate Sep 11 2014 21:50 Aug 18, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6213 E:\BILLS\H3932.RH H3932 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 3932 RH Sec. 909. Requirement to ensure intelligence community directives appropriately account for artificial intelligence and machine learning tools in intelligence products. SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) CONGRESSIONAL INTELLIGENCE COMMIT- 3 TEES.—The term ‘‘congressional intelligence commit- 4 tees’’ has the meaning given such term in section 3 5 of the National Security Act of 1947 (50 U.S.C. 6 3003). 7 (2) INTELLIGENCE COMMUNITY.—The term ‘‘in- 8 telligence community’’ has the meaning given such 9 term in section 3 of the National Security Act of 1947 10 (50 U.S.C. 3003). 11 TITLE I—INTELLIGENCE 12 ACTIVITIES 13 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 14 Funds are hereby authorized to be appropriated for fis- 15 cal year 2024 for the conduct of the intelligence and intel- 16 ligence-related activities of the Federal Government. 17 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 18 (a) SPECIFICATIONS OF AMOUNTS.—The amounts au- 19 thorized to be appropriated under section 101 for the con- 20 duct of the intelligence activities of the Federal Government 21 are those specified in the classified Schedule of Authoriza- 22 tions prepared to accompany this Act. 23 VerDate Sep 11 2014 21:50 Aug 18, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H3932.RH H3932 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 3932 RH (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU- 1 THORIZATIONS.— 2 (1) AVAILABILITY.—The classified Schedule of 3 Authorizations referred to in subsection (a) shall be 4 made available to the Committee on Appropriations 5 of the Senate, the Committee on Appropriations of the 6 House of Representatives, and to the President. 7 (2) DISTRIBUTION BY THE PRESIDENT.—Subject 8 to paragraph (3), the President shall provide for suit- 9 able distribution of the classified Schedule of Author- 10 izations referred to in subsection (a), or of appro- 11 priate portions of such Schedule, within the executive 12 branch of the Federal Government. 13 (3) LIMITS ON DISCLOSURE.—The President 14 shall not publicly disclose the classified Schedule of 15 Authorizations or any portion of such Schedule ex- 16 cept— 17 (A) as provided in section 601(a) of the Im- 18 plementing Recommendations of the 9/11 Com- 19 mission Act of 2007 (50 U.S.C. 3306(a)); 20 (B) to the extent necessary to implement the 21 budget; or 22 (C) as otherwise required by law. 23 VerDate Sep 11 2014 21:50 Aug 18, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H3932.RH H3932 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 3932 RH SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT AC- 1 COUNT. 2 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 3 authorized to be appropriated for the Intelligence Commu- 4 nity Management Account of the Director of National Intel- 5 ligence for fiscal year 2024 the sum of $715,200,000. 6 (b) CLASSIFIED AUTHORIZATION OF APPROPRIA- 7 TIONS.—In addition to amounts authorized to be appro- 8 priated for the Intelligence Community Management Ac- 9 count by subsection (a), there are authorized to be appro- 10 priated for the Intelligence Community Management Ac- 11 count for fiscal year 2024 such additional amounts as are 12 specified in the classified Schedule of Authorizations re- 13 ferred to in section 102(a). 14 TITLE II—CENTRAL INTEL- 15 LIGENCE AGENCY RETIRE- 16 MENT AND DISABILITY SYS- 17 TEM 18 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 19 There is authorized to be appropriated for the Central 20 Intelligence Agency Retirement and Disability Fund 21 $514,000,000 for fiscal year 2024. 22 VerDate Sep 11 2014 21:50 Aug 18, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H3932.RH H3932 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 3932 RH TITLE III—GENERAL INTEL- 1 LIGENCE COMMUNITY MAT- 2 TERS 3 SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE 4 ACTIVITIES. 5 The authorization of appropriations by this Act shall 6 not be deemed to constitute authority for the conduct of any 7 intelligence activity which is not otherwise authorized by 8 the Constitution or the laws of the United States. 9 SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND 10 BENEFITS AUTHORIZED BY LAW. 11 Appropriations authorized by this Act for salary, pay, 12 retirement, and other benefits for Federal employees may 13 be increased by such additional or supplemental amounts 14 as may be necessary for increases in such compensation or 15 benefits authorized by law. 16 SEC. 303. PROHIBITION ON AVAILABILITY OF FUNDS TO IM- 17 PLEMENT EXECUTIVE ORDER 13556. 18 None of the funds authorized to be appropriated by this 19 Act or otherwise made available for fiscal year 2024 for an 20 element of the intelligence community may be obligated or 21 expended to implement Executive Order 13556 (75 Fed. 22 Reg. 68675; relating to controlled unclassified information), 23 or any successor order. 24 VerDate Sep 11 2014 21:50 Aug 18, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H3932.RH H3932 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 3932 RH SEC. 304. NONAPPLICABILITY OF CERTAIN PROHIBITIONS 1 RELATING TO MODIFICATION OF ACCOUNT 2 STRUCTURE FOR NATIONAL INTELLIGENCE 3 PROGRAM BUDGET. 4 None of the prohibitions under section 8067 of the Con- 5 solidated Appropriations Act, 2023 (Public Law 117–328) 6 shall apply with respect to amounts authorized to be appro- 7 priated by this Act. 8 SEC. 305. SECURE COMMUNICATION BETWEEN CONGRESS 9 AND INTELLIGENCE COMMUNITY. 10 (a) IN GENERAL.—The [Text truncated for display. Full text available on Congress.gov.]