(a) Short title
This Act may be cited as the Intelligence Authorization Act for Fiscal Year 2025.
(b) Table of contents
The table of contents for this Act is as follows:
Section 2. Definitions
In this Act:
(1) Congressional intelligence committees
The term congressional intelligence committees has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(2) Intelligence community
The term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(a) Specifications of amounts
The amounts authorized to be appropriated under section 101 for the conduct of the intelligence activities of the Federal Government are those specified in the classified Schedule of Authorizations prepared to accompany this Act.
(1) Availability
The classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President.
(2) Distribution by the president
Subject to paragraph (3), the President shall provide for suitable distribution of the classified Schedule of Authorizations referred to in subsection (a), or of appropriate portions of such Schedule, within the executive branch of the Federal Government.
(3) Limits on disclosure
The President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except—
(A) as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. 3306(a));
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
Section 301. Restriction on conduct of intelligence activities
The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States.
Section 302. Increase in employee compensation and benefits authorized by law
Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.
(a) In general
Chapter 213 of title 18, United States Code, is amended by adding at the end the following:
Section 3302. Espionage offenses
An indictment may be found or an information may be instituted at any time without limitation for—
(1) a violation of section 951, or a conspiracy to violate such section;
(2) a violation of section 794, or a conspiracy to violate such section; or
(3) a violation of section 1425, if the offense was committed to facilitate a violation of section 951.
(b) Clerical amendment
The table of sections for chapter 213 of title 18, United States Code, is amended by adding at the end the following:
(c) Conforming amendment
Section 19 of the Internal Security Act of 1950 (18 U.S.C. 792 note) is amended by striking, 793, or 794 and inserting or 793.
Section 304. Secure communication between Congress and intelligence community
Section 102A of the National Security Act of 1947 (50 U.S.C. 3024) is amended by adding at the end the following new subsection:
(1) In general
The Director of National Intelligence shall, upon the approval of specified congressional leaders—
(A) provide secure communications to support the oversight functions of the congressional intelligence committees, including through the procurement, installation, configuration, and maintenance of sufficient software, connectivity, information technology equipment, computers, printers, and related peripheral equipment to ensure that such committees are able to communicate with the intelligence community through secure data, voice, and video communications;
(B) ensure that such communications enabled under subparagraph (A) facilitate communication at all classification levels;
(C) ensure that the requirements specified in subparagraph (A) are met in conformity with applicable standards for the protection of national security information; and
(D) ensure that any security limitations or controls associated with use of capabilities pursuant to subparagraph (A) are consistent with such limitations or controls imposed within the executive branch and do not impede effective and efficient oversight of the intelligence community by Congress.
(2) Governance
The Director, in coordination with specified congressional leaders, shall establish governance and security policies applicable to the connectivity, equipment, and software provided under this subsection and shall review and update such policies periodically, as appropriate, to address counterintelligence threats and technological changes.
(3) Treatment as congressional records
Any data created, stored, or transmitted by the congressional intelligence committees through networks, equipment, or software provided under paragraph (1) is a congressional record and shall not be treated as an agency record for purposes of section 552 of title 5, United States Code, (commonly known as the the Freedom of Information Act) or any other law.
(4) Documentation of cost
The Director shall document the funding required to satisfy this subsection within each annual budget submission to Congress, including any anticipated upgrades or recapitalization expenditures over the 5-year period that begins on October 1 of the fiscal year for which year-by-year proposed funding is included.
(5) Specified congressional leaders defined
In this subsection, the term specified congressional leaders means—
(A) the Speaker and the minority leader of the House of Representatives;
(B) the majority leader and the minority leader of the Senate; and
(C) the Chair and Ranking Member of the congressional intelligence committees.
(a) Establishment
There is established, not later than 45 days after the date of the enactment of this Act, an independent commission to be known as the National Security Commission on Anomalous Health Incidents (referred to in this section as the Commission) to review anomalous health incidents affecting United States Government personnel and their dependents for the purpose of comprehensively addressing the national security and defense risks to the United States posed by anomalous health incidents.
(1) Composition
The Commission shall be composed of 9 members appointed as follows:
(A) The Director of National Intelligence shall appoint 1 member.
(B) The Chair of the Permanent Select Committee on Intelligence of the House of Representatives shall appoint 1 member.
(C) The Ranking Member of the Permanent Select Committee on Intelligence of the House of Representatives shall appoint 1 member.
(D) The Chair of the Committee on Armed Services of the House of Representatives shall appoint 1 member.
(E) The Ranking Member of the Committee on Armed Services of the House of Representatives shall appoint 1 member.
(F) The Chair of the Select Committee on Intelligence of the Senate shall appoint 1 member.
(G) The Vice Chair of the Select Committee on Intelligence of the Senate shall appoint 1 member.
(H) The Chair of the Committee on Armed Services of the Senate shall appoint 1 member.
(I) The Ranking Member of the Committee on Armed Services of the Senate shall appoint 1 member.
(2) Initial appointments
Members shall be appointed to the Commission under paragraph (1) not later than 30 days after the establishment of the Commission under subsection (a).
(3) Effect of lack of appointment by deadline
If one or more appointments under paragraph (1) is not made by the appointment date specified in paragraph (2), the authority to make such appointment or appointments shall expire, and the number of members of the Commission shall be reduced by the number equal to the number of appointments so not made.
(4) Qualifications
It is the sense of Congress that each member of the Commission appointed under paragraph (1) should—
(A) have significant professional experience in national security, such as a position in—
(i) the intelligence community;
(ii) the Department of Defense;
(iii) the scientific community;
(iv) a medical institution; or
(v) an academic or scholarly institution; and
(B) be eligible to receive the appropriate security clearance to effectively evaluate their duties.
(5) Prohibitions
A member of the Commission appointed under paragraph (1) may not—
(A) be a current member of Congress;
(B) be a former member of Congress who served in Congress after January 1, 2017;
(C) be a current or former registrant under the Foreign Agents Registration Act of 1938 (22 U.S.C. 611 et seq.);
(D) have previously received medical treatment for symptoms related to a suspected anomalous health incident, or have a dependent who previously received medical treatment for symptoms related to a suspected anomalous health incident; or
(E) have served, with direct involvement, in actions by or sponsored by the executive branch of the United States Government to investigate or respond to reports of anomalous health incidents.
(6) Chair and Vice Chair
The Commission shall select a Chair and a Vice Chair from among the members of the Commission.
(7) Terms
Members shall be appointed for the life of the Commission. A vacancy in the Commission shall not affect its powers and shall be filled in the same manner as the original appointment was made. The Chair and Vice Chair shall report any vacancy in the Commission to the appropriate congressional committees immediately upon learning that there will be a vacancy in the Commission.
(A) Initial meeting
Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the first meeting of the Commission.
(B) Frequency
The Commission shall meet at the call of the Chair and Vice Chair.
(C) Quorum
A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold meetings.
(1) In general
The Commission shall carry out the review described in paragraph (2). In carrying out such review, the Commission shall consider both the events known as anomalous health incidents themselves, and the response to such incidents by the United States Government and other nations’ governments for the purpose of comprehensively addressing the national security and defense risks to the United States posed by the causes of, and responses to, anomalous health incidents.
(2) Scope of the review
In conducting the review under paragraph (1), the Commission shall consider the following:
(A) A historical review of the United States Government’s response to anomalous health incidents to identify a more effective, standardized model that can be applied to complex challenges to ensure all perspectives are fully and fairly presented to policy makers, mitigate real or perceived undue influence on analytical judgments, and effectively gather and act on intelligence and information to address complex national security challenges.
(B) A historical review of the United States Government’s provision of support and medical care to United States personnel and their dependents impacted by anomalous health incidents.
(C) Whether a review of all information on collected reports of anomalous health incidents can inform the development of a categorization mechanism which can inform appropriate steps to be taken following future reports.
(D) Whether available data points to the involvement of an external actor in some or all reported anomalous health incidents.
(E) Whether known or novel mechanisms an adversary might use against United States personnel or their dependents might explain some or all reported anomalous health incidents.
(F) Whether comparable information, data, and reports on other intelligence questions led to similar analytic judgments.
(G) Any other matters the Commission deems relevant to the common defense of the Nation.
(1) Initial briefing
Not later than 180 days after the date of the enactment of this Act, the Commission shall brief the President, or the President’s designee, and the appropriate congressional committees on the progress of the activities of the Commission as of the date of such briefing.
(A) In general
Not later than 1 year after the date of the initial meeting of the Commission, and annually thereafter, the Commission shall submit to the President and the appropriate congressional committees a report describing the progress of the activities of the Commission as of the date of such report, including any findings, recommendations, or lessons learned endorsed by the Commission.
(B) Briefing
On the date of the submission of each annual report required under this paragraph, the Commission shall brief the President, or the President’s designee, and the appropriate congressional committees.
(A) Submission
Not later than 3 years after the date of the establishment of the Commission under subsection (a), the Commission shall submit to the President and the appropriate congressional committees a final report on the findings of the Commission and such recommendations that the Commission may have for action by Congress and the Federal Government, which shall address the following:
(i) Whether known or novel mechanisms an adversary might use against United States personnel or their dependents might explain some or all reported anomalous health incidents.
(ii) Whether available data points to the involvement of an external actor in some or all reported anomalous health incidents.
(iii) Whether the United States Government’s provision of support and medical care is sufficient to appropriately address the impacts of anomalous health incidents on affected personnel.
(iv) Effectively structuring United States Government responses to distinct, complex national security issues such as reports of anomalous health incidents.
(v) Research and development to improve the medical response and potential harm mitigation techniques for anomalous health incidents.
(vi) How analytic integrity and structured analytical techniques impacted the United States Government’s response to anomalous health incidents.
(vii) What the anomalous health incidents situation says about the counterintelligence posture of the United States Government.
(viii) Future policy recommendations for anomalous health incidents or other health incidents with a potential counterintelligence nexus.
(B) Addenda
Any member of the Commission may submit an addendum to the report required under subparagraph (A) setting forth the separate views of such member with respect to any matter considered by the Commission.
(C) Briefing
On the date of the submission of the final report required under this paragraph, the Commission shall brief the appropriate congressional committees.
(4) Form of reports
Reports submitted under this subsection shall be made publicly available but may include a classified annex.
(1) Hearings and evidence
The Commission may, for the purpose of carrying out this section—
(A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths as the Commission considers necessary to fulfill the Commission’s duties; and
(B) subject to paragraph (2)(A), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, cables, memoranda, papers, documents, and any other information as the Commission considers necessary to fulfill the Commission’s duties.
(i) In general
A subpoena may be issued under this subsection only—
(I) by the agreement of the Chair and the Vice Chair; or
(II) by the affirmative vote of a majority of the Commission.
(ii) Signature
Subject to clause (i)—
(I) subpoenas issued under this subsection may be issued under the signature of the Chair and Vice Chair of the Commission, or any member designated by a majority of the Commission; and
(II) subpoenas issued under this subsection may be served by any person designated by the Chair and Vice Chair of the Commission, or by a member designated by a majority of the Commission.
(i) In general
In the case of contumacy or failure to obey a subpoena issued under this subsection, the United States district court for the judicial district in which the subpoenaed person resides, is served, or may be found, or where the subpoena is returnable, may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt of that court.
(ii) Additional enforcement
In the case of any failure of any witness to comply with any subpoena or to testify when summoned under authority of this section, the Commission may, by majority vote, certify a statement of fact constituting such failure to the appropriate United States attorney, who may bring the matter before the grand jury for its action, under the same statutory authority and procedures as if the United States attorney had received a certification under sections 102 through 104 of the Revised Statutes of the United States (2 U.S.C. 192 through 194).
(C) Privilege claims
Claims of common-law privileges made by any witness are applicable only at the discretion of the Chair and Vice Chair.
(1) In general
The Commission is authorized to secure directly from any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government such books, records, correspondence, cables, memoranda, papers, documents, and any other information for the purposes of this section.
(2) Cooperation
In carrying out its duties, the Commission shall receive the full and timely cooperation of any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government in providing the Commission with analysis, briefings, and other information necessary for the fulfillment of the Commission’s duties.
(3) Furnishing information
Upon receipt of a written request made by the Chair and Vice Chair of the Commission, or by vote of a majority of the Commission, the head of the department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government shall expeditiously furnish such books, records, correspondence, cables, memoranda, papers, documents, and any other information to the Commission. Claims of common-law privileges made by any executive department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government are applicable only at the discretion of the Chair and Vice Chair.
(4) Receipt, handling, storage, and dissemination
Such books, records, correspondence, cables, memoranda, papers, documents, and any other information received by the Commission shall only be received, handled, stored, and disseminated by members of the Commission and its staff consistent with all applicable statutes, regulations, and Executive orders.
(5) Protection of classified information
A department, bureau, agency, board, commission, office, independent establishment, or instrumentality of the Federal Government shall respond to requests submitted pursuant to paragraph (2) in a manner consistent with the protection of intelligence sources and methods.
(1) Director of National Intelligence
The Director of National Intelligence shall provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the duties of the Commission under this section.
(2) Secretary of Defense
The Secretary of Defense may provide the Commission, on a nonreimbursable basis, with such administrative services, staff, and other support services as the Commission may request.
(3) Other departments and agencies
In addition to the assistance set forth in paragraphs (1) and (2), other departments and agencies of the United States may provide the Commission such services, funds, facilities, staff, and other support as such departments and agencies consider advisable and as may be authorized by law.
(1) In general
The Director of National Intelligence shall assume responsibility for the handling and disposition of any information related to the national security of the United States that is received, considered, or used by the Commission under this section.
(2) Information provided by congressional intelligence committees
Any information related to the national security of the United States that is provided to the Commission by a congressional intelligence committee may not be further provided or released without the approval of the chairman of such committee.
(3) Access after termination of commission
Notwithstanding any other provision of law, after the termination of the Commission under subsection (m), only the members and designated staff of the appropriate congressional committees, the Director of National Intelligence (and the designees of the Director), and such other officials of the executive branch of the Federal Government as the President may designate shall have access to information related to the national security of the United States that is received, considered, or used by the Commission.
(i) Postal services
The Commission may use the United States mail in the same manner and under the same conditions as other departments and agencies of the Federal Government.
(j) Gifts
No member or staff of the Commission may receive a gift or benefit by reason of the service of such member or staff on the Commission.
(A) Nongovernment employees
Each member of the Commission who is not otherwise employed by the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the actual performance of the duties of the Commission.
(B) Government employees
A member of the Commission who is an officer or employee of the Federal Government shall serve without additional pay (or benefits in the nature of compensation) for service as a member of the Commission.
(2) Travel expenses
A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.
(A) Appointment and compensation of staff
The Chair and Vice Chair of the Commission, in accordance with rules agreed upon by the Commission, shall appoint and fix the compensation of a staff director and such other personnel as may be necessary to enable the Commission to carry out its duties, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no rate of pay fixed under this subsection may exceed the equivalent of that payable to a person occupying a position at level V of the Executive Schedule under section 5316 of such title.
(B) Security clearances
All staff of the Commission and all experts and consultants employed by the Commission shall possess a security clearance in accordance with applicable provisions of law concerning the handling of classified information.
(4) Detail of government employees
A Federal Government employee, with the appropriate security clearance to conduct their duties, may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.
(5) Procurement of temporary and intermittent services
The Chair and Vice Chair of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title.
(2) Availability in general
Subject to paragraph (1), the Director of National Intelligence shall make available to the Commission such amounts as the Commission may require for purposes of the activities of the Commission under this section.
(3) Duration of availability
Amounts made available to the Commission under paragraph (2) shall remain available until expended or upon termination under subsection (m), whichever occurs first.
(m) Termination
The Commission shall terminate 90 days after the date on which the Commission submits the final report required under subsection (d)(3), but in no event later than three years after the date of establishment in subsection (a).
(n) Appropriate congressional committees defined
In this section, the term appropriate congressional committees means—
(1) the Permanent Select Committee on Intelligence and the Committee on Armed Services of the House of Representatives; and
(2) the Select Committee on Intelligence and the Committee on Armed Services of the Senate.
Section 431. Foreign malign influence interagency guidance
Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence shall provide to the congressional intelligence committees the interagency guidance that governs engagement with social media companies for each element of the intelligence community.
Section 432. Foreign malign influence standard operating procedures
Not later than 30 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall provide to the congressional intelligence committees the most recently updated standard operating procedures document, without restrictions, that governs the Federal Bureau of Investigation's engagements with social media companies.
(a) Briefing
Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall provide to the congressional intelligence committees a briefing with respect to intelligence support provided to executive branch departments and agencies that are not a part of the intelligence community in accordance with Intelligence Community Directive 404 (relating to Executive Branch Intelligence Customers), or successor directive.
(b) Elements
The briefing required under subsection (a) shall include the following:
(1) A list of United States Government departments and agencies that have a Federal Senior Intelligence Coordinator, an Intelligence Point of Contact, or a Federal Intelligence Coordination Office.
(2) A description of the Office of the Director of National Intelligence’s insight into how departments and agencies that have individuals holding a position described in paragraph (1) are selected for such position, and what role the Office of the Director of National Intelligence plays in that process, if any.
(3) An assessment of the successes, shortcomings, effectiveness, utility, and future planning for engaging with executive branch customers pursuant to Intelligence Community Directive 404 or any successor directive.
(c) Definitions
In this section, the terms Federal Senior Intelligence Coordinator, Intelligence Point of Contact, and Federal Intelligence Coordination Office have the meaning given such terms in Intelligence Community Directive 404.
(a) In general
The Intelligence Community Chief Human Capital Officer shall, not later than 90 days after the date of the enactment of this Act, develop a human resources strategy for enhancing the recruitment into the intelligence community of covered military members.
(b) Contents
The strategy developed under subsection (a) shall address—
(1) a requirement for each intelligence community element to facilitate job applications for qualified covered military members on each element’s job application portal, on USA Jobs, or other appropriate hiring platform;
(2) additional authorities or policy waivers required to overcome identified barriers to enhancing the recruitment into the intelligence community of covered military members to include those military members with technical training and experience in lieu of a bachelor’s degree; and
(3) in consultation with military services, the development of best practices for matching job applications from among covered military members who have transferable qualifying backgrounds, skills, or expertise to relevant intelligence occupational specialties within the Federal civilian intelligence community workforce, to include coordinating intelligence community recruiting events and hiring blitzes.
(c) Briefing and implementation plan
Not later than 30 days after the development of the strategy under subsection (a), the Intelligence Community Chief Human Capital Officer shall provide to the congressional intelligence committees a briefing regarding the strategy developed under subsection (a), including a plan for how each element of the intelligence community intends to implement such strategy.
(d) Covered military member defined
In this section, the term covered military member means any servicemember transitioning out of military service who holds a current top-secret security clearance.
(a) In general
The Director of National Intelligence, acting through the Intelligence Community Chief Human Capital Officer, shall, in coordination with the human capital offices of such elements of the intelligence community as determined appropriate, develop an intelligence community-wide strategy to strengthen efforts to recruit qualified individuals residing in the United States territories.
(b) Briefing requirement
Not later than 180 days after the date of enactment of this Act, the Director of National Intelligence, acting through the Intelligence Community Chief Human Capital Officer, shall provide to the congressional intelligence committees a briefing with respect to the strategy developed under subsection (a), including with respect to a plan for the implementation of such strategy.
(c) United States territories defined
In this section, the term United States territories means Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and American Samoa.
Section 436. Extension of requirement for annual report on strikes undertaken by the United States against terrorist targets outside areas of active hostilities
Section 1723(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1811) is amended—
(1) by striking May 1 2020 and inserting December 31, 2024; and
(2) by striking 2022 and inserting December 31, 2027.
(a) In general
Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with each head of an element of the intelligence community, shall assess the advisability and feasibility of revising applicable policies and regulations with respect to the sharing of intelligence by an element of the intelligence community with foreign governments to incorporate the principles described under subsection (b).
(b) Principles
The principles to be assessed for advisability and feasibility shall be the following:
(1) The intelligence community may not share actionable intelligence with another country unless the intelligence community receives such credible and reliable written assurances from a representative of the country that the country shall use the intelligence in accordance with applicable international law.
(2) Any policies authorizing the sharing of actionable intelligence shall require special protections to reduce the risk of violations of applicable international law as a consequence of sharing such intelligence.
(3) Any policies authorizing the sharing of actionable intelligence with another country shall require the element of the intelligence community concerned to document the risks and benefits of requiring the country receiving the intelligence to make credible and reliable written assurances that the country, when using the intelligence, will conduct only lethal or capture operations that comply with policy standards of the United States with respect to detainee treatment and direct action counterterrorism operations outside areas of active hostilities.
(4) If the head of an element of the intelligence community receives or conducts an assessment calling into question the credibility or reliability of written assurances provided by another country to comply with applicable international law with respect to the intelligence, the head shall, within 45 days of receiving or conducting the assessment—
(A) inform the Director of National Intelligence and, as appropriate, the Secretary of Defense; and
(B) take appropriate action to assess further and remediate the situation, which may include suspending further sharing of intelligence or receiving further assurances from the country of compliance with applicable international law.
(c) Report to Congress
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 on the advisability and feasibility of incorporating the principles described in subsection (b) into regulations on the sharing of intelligence by an element of the intelligence community, including the degree to which the current practices of each element of the intelligence community for the sharing of intelligence are consistent with such principles.
(d) Actionable intelligence defined
In this section, the term actionable intelligence means information sufficiently detailed and timely to permit, assist, or allow an action or operation in the near-term.
(a) Budget summaries to Director of National Intelligence
Not later than 90 days after the date of the enactment of this Act, the head of each element of the intelligence community shall submit to the Director of National Intelligence a complete and comprehensive summary of all budget information with respect to the element’s open-source intelligence activities.
(b) Report to Congress
Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report compiling the information in the summaries submitted to the Director pursuant to subsection (a).
(c) Open-source intelligence defined
In this section, the term open-source intelligence means intelligence derived exclusively from publicly or commercially available information that addresses specific intelligence priorities, requirements, or gaps.
(a) Strategy required
The Director of National Intelligence shall, in consultation with the heads of such Federal agencies as the Director considers appropriate, not later than 180 days after the date of the enactment of this Act, develop a strategy to improve the sharing between the Federal Government and private entities of information and intelligence to mitigate the threat that foreign adversary illicit activities and tactics pose to United States persons in foreign jurisdictions on projects relating to energy generation and storage, including with respect to critical minerals inputs.
(b) Elements
The strategy required by subsection (a) shall cover——
(1) how best to assemble and transmit information to United States persons—
(A) to protect against foreign adversary illicit tactics and activities relating to critical mineral projects abroad, including foreign adversary efforts to undermine such United States projects abroad;
(B) to mitigate the risk that foreign adversary government involvement in the ownership and control of entities engaging in deceptive or illicit activities pose to the interests of the United States; and
(C) to inform on economic espionage and other threats from foreign adversaries to the rights of owners of intellectual property, including owners of patents, trademarks, copyrights, and trade secrets, and other sensitive information, with respect to such property; and
(2) how best to receive information from United States persons on threats to United States interests in the critical mineral space.
(c) Implementation plan required
Not later than 30 days after the date on which the Director completes developing the strategy pursuant to subsection (a), the Director shall submit to the congressional intelligence committees (as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003)), or provide such committees a briefing on, a plan for implementing the strategy, which shall include a description of risks, benefits, opportunities, and drawbacks.
(a) In general
Not later than 30 days after the date of the enactment of this Act, representatives from the Department of Homeland Security, which shall include representatives from Customs and Border Protection, Homeland Security Investigations, and the Office of Intelligence and Analysis, and representatives from the Federal Bureau of Investigation, which shall include representatives from the Threat Screening Center, shall jointly provide a briefing to the appropriate congressional committees with respect to existing policies and procedures for handling encounters with known or suspected terrorists at the borders of the United States.
(b) Elements
The briefing required under subsection (a) shall include a description of the following:
(1) The existing processes for handling encounters with individuals at or between ports of entry, to include the difference in process for individuals encountered at and between ports of entry.
(2) The existing processes for the handling and sharing of potentially derogatory information concerning individuals who are known or suspected terrorists.
(3) The existing processes for managing asylum claims of known or suspected terrorists.
(c) Appropriate congressional committees defined
In this section, the term appropriate congressional committees means—
(1) the congressional intelligence committees;
(2) the Committee on Homeland Security of the House of Representatives; and
(3) the Committee on Homeland Security and Governmental Affairs of the Senate.
(a) Report
Not later than 90 days after the date the enactment of this Act, the Director of National Intelligence, in coordination with the heads of such elements of the intelligence community as the Director determines appropriate, shall submit to the congressional intelligence committees a report assessing the intelligence relationship between Israel and Egypt that includes an assessment of intelligence failures with respect to either country and with respect to intelligence sharing between the two countries that contributed to the attack on Israel by Hamas on October 7, 2023.
(b) Matters
The report under subsection (a) shall include the following:
(1) An assessment of the state, strengths, and limitations of any intelligence relationship between Egypt and Israel, especially with respect to Hamas and Gaza.
(2) The role of the United States, if any, in the relationship and an identification of the areas in which the participation of the United States would most strengthen the relationship and improve cooperation between Egypt and Israel going forward.
(3) A review of the failures in national and regional intelligence analysis, collection, and sharing that occurred before the attack on Israel by Hamas on October 7, 2023, and any lessons learned for future intelligence activities.
(c) Form
The report under subsection (a) may be submitted in classified form.
(a) Report
Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary of State for Intelligence and Research, in consultation with Director of the Central Intelligence Agency and the heads of other elements of the intelligence community determined appropriate by the Assistant Secretary, shall submit to the appropriate congressional committees a report assessing the economic coercion efforts by the People’s Republic of China in the Indo-Pacific region and strategies that would enhance the resilience of countries in the Indo-Pacific region to economic coercion by the People’s Republic of China.
(b) Matters
The report under subsection (a) shall include the following:
(1) A description of recent economic coercion efforts by the People’s Republic of China against countries in the Indo-Pacific region.
(2) An analysis of the effectiveness of economic coercion efforts against countries in the Indo-Pacific region by the People’s Republic of China in achieving the stated or assumed goals of the People’s Republic of China.
(3) An assessment of measures that would dissuade the People’s Republic of China from engaging in acts of economic coercion in the Indo-Pacific region and would encourage actions supporting the economic prosperity and security of the Indo-Pacific region.
(4) An assessment of measures, including trade diversion or regional trade agreements, that would diminish the sway and influence of the market of the People’s Republic of China with respect to countries in the Indo-Pacific region.
(5) An analysis of measures that would help countries in the Indo-Pacific region to build supply chains independent of the People’s Republic of China.
(c) Form
The report under subsection (a) may be submitted in classified form.
(d) Definitions
In this section:
(1) Appropriate congressional committees
The term appropriate congressional committees means—
(A) the congressional intelligence committees;
(B) the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party of the House of Representatives; and
(C) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate.
(2) Indo-Pacific nations
The term Indo-Pacific region includes the following countries:
(A) Australia.
(B) Bangladesh.
(C) Brunei.
(D) Burma (Myanmar).
(E) Cambodia.
(F) China.
(G) Democratic People’s Republic of Korea.
(H) Federated States of Micronesia.
(I) Fiji.
(J) French Polynesia.
(K) India.
(L) Indonesia.
(M) Japan.
(N) Kiribati.
(O) Laos.
(P) Malaysia.
(Q) Maldives.
(R) Mongolia.
(S) Nauru.
(T) Niue.
(U) Nepal.
(V) New Zealand.
(W) Palau.
(X) Papua New Guinea.
(Y) Philippines.
(Z) Republic of Korea.
(AA) Republic of Marshall Islands.
(BB) Samoa.
(CC) Singapore.
(DD) Solomon Islands.
(EE) Sri Lanka.
(FF) Thailand.
(GG) Timor-Leste.
(HH) Tonga.
(II) Tuvalu.
(JJ) Vanuatu.
(KK) Vietnam.
(a) Report
Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, acting through the National Intelligence Council and in coordination with the heads of the elements of the intelligence community determined appropriate by the Director, shall submit to the appropriate congressional committees a report examining the extent to which civilian harm that occurs during counterterrorism operations informs analyses of the intelligence community on the mission success of campaigns to degrade, disrupt, or defeat foreign terrorist organizations.
(b) Matters
The report under subsection (a) shall include the following:
(1) The methodology of the intelligence community for measuring the effect of civilian harm.
(2) The extent to which analysts of the intelligence community apply such methodology when assessing the degree to which a terrorist group is degraded, disrupted, or defeated.
(3) A framework to enable analysts to assess, as objectively as possible, the effect that civilian harm has had on the mission of degrading, disrupting, or defeating a terrorist group, or an explanation of why such framework cannot be generated.
(4) The extent to which dissenting opinions of analysts of the intelligence community are included or highlighted in final written products presented to senior policymakers of the United States.
(5) Recommendations to improve the quality of future intelligence community analyses by accounting for the effects of civilian harm on efforts to successfully degrade, disrupt, or defeat a foreign terrorist group.
(1) In general
The report under subsection (a) may be submitted in classified form, but if so submitted, the report shall include an unclassified summary of key findings that is consistent with the protection of intelligence sources and methods.
(2) Annex
The report under subsection (a) shall include a classified annex that provides an inventory of the following:
(A) Collection gaps and challenges that may affect the analysis of the success or failure of campaigns against terrorist groups.
(B) Actions taken by the Director of National Intelligence to mitigate such gaps and challenges.
(d) Appropriate congressional committees defined
In this section, the term appropriate congressional committees means—
(1) the congressional intelligence committees;
(2) the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives; and
(3) the Subcommittee on Defense of the Committee on Appropriations of the Senate.
(a) In general
Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence, acting through the National Intelligence Council, shall, in coordination with the Assistant Secretary of the Treasury for Intelligence and Analysis and the Director of the Central Intelligence Agency, submit to the congressional intelligence committees a report on the economic outlook of the People’s Republic of China, which shall include alternative analyses of the economic projections of the People’s Republic of China.
(b) Elements
The report required under subsection (a) shall include the following:
(1) Assessments of the strengths and weaknesses of the economy of the People’s Republic of China, including the potential effects of debt, demographics, and China’s international relationships.
(2) Potential challenges for the People’s Republic of China to sustain economic growth and the potential for global effects as a result.
(3) The implications of the economic future of the People’s Republic of China on the country’s foreign and defense policy.
Section 445. Repeal of requirement with respect to assessments regarding the Northern Triangle and Mexico
Section 5522 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 2152) is repealed.
Section 501. Sense of Congress on the need for increased effort and resources in the field of geomatics
It is the sense of Congress that—
(1) the intelligence community and the broader United States Government require professionals with advanced training in geomatics and geodesy and that the preservation of these skillsets is crucial to advancing geospatial intelligence tradecraft for the United States for national security and military operations;
(2) the intelligence community should use existing authorities to engage in novel ways with academic and industry partners to ensure the intelligence community’s demand signal for geomatics and geodesy professionals is received by the largest possible number of United States citizens while also seeking to foster a culture of academic excellence and research to propel the field of geomatics forward at the pace of innovation;
(3) by engaging with academic and industry partners the intelligence community can help speed the reversal of the current trend wherein the United States not only produces fewer geomatics scientists and engineers compared to its global competitors and potential adversaries, but such competitors and adversaries also provide them with training and expertise that could be used against the United States;
(4) there is abundant opportunity for the intelligence community to advance its growing need for geomatics and geodesy professionals by partnering with American universities and researchers with proven experience in diverse fields who can lead the way to solving the United States most vexing geomatics challenges; and
(5) the intelligence community must balance the increasing demand for recruiting the best geomatics and geodesy talent while still ensuring a dedicated and patriotic workforce with allegiance to the Constitution and the United States Government.
(a) In general
Subchapter I of chapter 21 of title 10, United States Code, is amended by adding at the end the following:
(a) Establishment
The Secretary of Defense, or a designee of the Secretary determined by regulations prescribed by the Secretary, shall designate a civilian employee of the Department of Defense in the Senior Executive Service to serve as the Senior Intelligence Oversight Official.
(b) Responsibilities
The Senior Intelligence Oversight Official shall exercise independent oversight of all intelligence, intelligence-related, and sensitive activities of the Department of Defense, including activities involving—
(1) tradecraft;
(2) the operational use of an individual; or
(3) clandestine operational tactics, techniques, and procedures.
(c) Access
The Senior Intelligence Oversight Official shall have—
(1) complete and unrestricted access to all information concerning any intelligence, intelligence-related, or sensitive activity of the Department of Defense regardless of classification or compartmentalization, including special access programs, from any personnel or organizational entity of the Department of Defense, to the extent necessary to carry out the responsibilities and functions of the Senior Intelligence Oversight Official; and
(2) direct access to the Secretary of Defense and the Deputy Secretary of Defense, as circumstances require in the determination of the Senior Intelligence Oversight Official.
(d) Review of regulations
The Secretary of Defense shall review and update Department of Defense Directive 5148.13, and any associated or successor regulation or directive, to conform to this section.
(b) Conforming amendment
The table of contents in chapter 21 of such title is amended by adding at the end of subchapter I the following new item:
Section 503. Extension and modification of Department of Defense intelligence and counterintelligence expense authority
Section 1057 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1593) is amended—
(1) in subsection (a), by striking 2025 and inserting 2030;
(2) in subsection (d), by striking 2025 and inserting 2030; and
(3) in subsection (e), by striking $100,000 and inserting $125,000.
Section 505. Modifications to notification on the provision of Defense sensitive support
Section 1055 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 113 note) is amended—
(1) in subsection (b)—
(A) in paragraph (1), by striking paragraph (3) and inserting paragraphs (3) and (4);
(B) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively;
(C) by inserting after paragraph (2) the following new paragraph:
(3) Routine defense sensitive support
In the event that the provision of defense sensitive support is routine defense sensitive support, the Secretary shall provide notification under paragraph (1) on a quarterly basis after providing the support.
(D) in paragraph (4), as so redesignated—
(i) in the paragraph heading, by inserting and extraordinary security protections after support;
(ii) in the matter preceding subparagraph (A)—
(I) by inserting or requires extraordinary security protections after time-sensitive; and
(II) by inserting shall after Secretary;
(iii) in subparagraph (A)—
(I) by striking may;
(II) by inserting or after the activity supported concludes after providing the support; and
(III) by striking; and and inserting; or; and
(iv) in subparagraph (B)—
(I) by striking shall; and
(II) by striking notice as soon as practicable after providing such support, but not later than 48 hours after providing the support and inserting notification simultaneously with the execution of the supported activity; and
(E) in paragraph (5), as so redesignated, by striking paragraphs (1) and (3) and inserting paragraphs (1), (3), and (4); and
(2) in subsection (c)—
(A) in the subsection heading, by striking defense sensitive support defined and inserting definitions;
(B) by striking, the term defense sensitive support means support provided by the Department of Defense to a non-Department of Defense Federal department or agency that requires special protection from disclosure. and inserting a colon; and
(C) by adding at the end the following new paragraphs:
(1) The term defense sensitive support means support provided by the Department of Defense to a non-Department of Defense Federal department or agency that requires special protection from disclosure.
(2) The term routine defense sensitive support has the meaning given such term elsewhere in the Intelligence Authorization Act for Fiscal Year 2025.
(b) Interagency coordination and support
Section 431(b)(1) of such title is amended to read as follows:
(1) be pre-coordinated with the Director of the Central Intelligence Agency using procedures mutually agreed upon by the Secretary of Defense and the Director, and, where appropriate, be supported by the Director; and
Section 507. Promulgating guidance related to certain Department of Defense contracts
Not later than January 31, 2025, the Secretary of Defense shall issue guidance on the governance and oversight of the contracts of the Department of Defense that support or enable sensitive activities.
Section 508. Sense of Congress on Space Force acquisition workforce
It is the sense of Congress that—
(1) the National Reconnaissance Office and the United States Space Force jointly benefit from a robust United States Space Force military and civilian acquisition workforce that includes contracting officers, acquisition program managers, engineers, and program control and finance professionals;
(2) the Permanent Select Committee on Intelligence of the House of Representatives is concerned that the United States Space Force’s uneven emphasis on developing space operators and making fewer acquisition professionals available for assignments at the National Reconnaissance Office can negatively affect the procurement goals of the National Reconnaissance Office, particularly in support of United States Space Force requirements; and
(3) a robust United States Space Force acquisition workforce, that encourages assignment opportunities at the National Reconnaissance Office, both benefits the procurement goals of the National Reconnaissance Office and provides valuable experience that acquisition professionals can apply to future United States Space Force assignments.
Section 601. Requirements for the Special Victim Investigator
Section 32(a) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3533(a)) is amended by adding at the end the following: No individual appointed as the Special Victim Investigator may, at the time of such appointment, be a current employee of the Central Intelligence Agency..
Section 602. Reserve for Contingencies notification requirement
Section 504(a)(2) of the National Security Act of 1947 (50 U.S.C. 3094(a)(2)) is amended by inserting and, not later than 10 days after the date of the obligation or expenditure of such funds, of the activity requiring such obligation or expenditure before the semicolon.
(a) Requirement
The Comptroller General of the United States shall conduct a study on the impacts of the Central Intelligence Agency’s modernization initiative.
(b) Elements
The study required under subsection (a) may include the following:
(1) An assessment of the Agency’s implementation of changes pursuant to the modernization initiative, including organizational changes and changes to Agency activities.
(2) An assessment of how any new administrative requirements made pursuant to the modernization initiative have affected Agency activities.
(3) An evaluation of whether the Agency’s implementation of changes pursuant to the modernization initiative have affected the Agency’s ability to anticipate and respond to emerging issues.
(4) An assessment of the extent to which the Agency’s implementation of changes pursuant to the modernization initiative have—
(A) fostered an organizational climate and structure that allows personnel in analytic and operational fields to take professional risks;
(B) grown the role of analytic personnel and provided opportunities for them to become subject matter experts within the analytical career fields; and
(C) changed the number of personnel from analytical fields represented in managerial and policy positions.
(5) Other matters deemed relevant by the Comptroller General.
(1) Briefing
Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall provide to the appropriate congressional committees a briefing on the preliminary findings of the study conducted under subsection (a) at a time that is mutually agreed upon by the appropriate congressional committees and the Comptroller General.
(A) Submission to Congress
Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit to the appropriate congressional committees a report on the results of the study conducted under subsection (a).
(B) Form of report
The report required under this subsection shall be submitted in unclassified form but may include a classified annex.
(d) Definitions
In this section:
(1) Appropriate congressional committees
The term appropriate congressional committees means—
(A) the Committee on Appropriations and the Select Committee on Intelligence of the Senate; and
(B) the Committee on Appropriations and the Permanent Select Committee on Intelligence of the House of Representatives.
(2) Agency
The term Agency means the Central Intelligence Agency.
(a) In general
The Under Secretary of Defense for Intelligence and Security shall, not later than December 31, 2029—
(1) assign responsibility to the Defense Counterintelligence and Security Agency for the accreditation of sensitive compartmented information facilities for all components of the Department of Defense, including the military departments, except with respect to the National Security Agency, the National Reconnaissance Office, and the National Geospatial-Intelligence Agency; and
(2) ensure that the Defense Counterintelligence and Security Agency has the appropriate staff to successfully carry out such responsibility.
(b) Notification with respect to resource requirements
The Under Secretary of Defense for Intelligence and Security shall notify the congressional intelligence committees and the congressional defense committees with respect to the resource requirements for the Defense Counterintelligence and Security Agency to carry out the accreditation responsibility under subsection (a).
(c) Submission of report to Congress
The Under Secretary of Defense for Intelligence and Security shall, in consultation with the Director of the National Security Agency, the Director of the National Reconnaissance Office, and the Director of the National Geospatial-Intelligence Agency, submit to the congressional intelligence committees and the Committees on Armed Services of the House of Representatives and the Senate a report not later than December 31, 2027, on the feasibility of the Defense Counterintelligence and Security Agency assuming accreditation responsibility with respect to sensitive compartmented information facilities for the National Security Agency, the National Reconnaissance Office, and the National Geospatial-Intelligence Agency by December 31, 2029.
(d) Congressional defense committees defined
In this section, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.
(a) Study
The Director of National Intelligence shall conduct a study on preventing intelligence community research grant funding from improperly benefiting foreign countries of concern.
(b) Elements
The study under subsection (a) shall include the following:
(1) An evaluation of the intelligence community’s current research security practices, including with respect to the requirements under section 121 of the National Security Act of 1947 (50 U.S.C. 3061).
(2) An evaluation of the feasibility and effects of prohibiting the award of an intelligence community grant for research to any individual or institution if the head of the relevant element of the intelligence community cannot verify that such grantee does not partner, formally or informally, with individuals from institutions located in any country of concern, or with institutions or entities from or located in any country of concern, subject to a waiver of such prohibition, on a case by case basis, by the head or deputy of the element of the intelligence community.
(3) Recommendations for the operational implementation of the prohibition described in paragraph (2).
(1) In general
Not later than 180 days after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees a report containing the results of the study conducted under subsection (a) and the recommendations required under subsection (b)(3).
(2) Form
The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(d) Country of concern defined
For purposes of this section, the term country of concern has the meaning given that term in section 1(m)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(m)(1)).
(a) Reporting requirement
Not later than June 30, 2025, the head of each covered element of the intelligence community shall submit a separate report to the congressional intelligence committees with respect to biotechnology threats and intelligence activities related to biotechnology threats.
(b) Matters included
Each report under subsection (a) shall include, with respect to each covered element of the intelligence community, the following:
(1) A description of any gaps that exist with respect to intelligence activities that impede such element from fully targeting, collecting, and analyzing intelligence related to biotechnology threats.
(2) A description of any existing formal mechanisms by which the intelligence community provides intelligence and support with respect to biotechnology threats to—
(A) departments and agencies of the Federal Government outside the intelligence community;
(B) the governments of foreign countries; and
(C) private industry and academic institutions.
(3) An assessment of any existing mechanisms and manners by which the intelligence community consults with biotechnology experts and other outside experts with related expertise.
(c) Covered elements of the intelligence community
For purposes of this section, the covered elements of the intelligence community are as follows:
(1) The Central Intelligence Agency.
(2) The Defense Intelligence Agency.
(3) The Federal Bureau of Investigation.
(4) The National Security Agency.
(5) The Office of the Director of National Intelligence.
Section 704. Data with respect to timeliness of security clearance determinations
Section 7702 of the National Defense Authorization Act for Fiscal Year 2024 (50 U.S.C. 3352h) is amended by adding at the end the following new subsection:
(1) In general
With respect to each report on compliance with timeliness standards for rendering determinations of trust for personnel vetting prepared pursuant to subsection (b), the Director of National Intelligence shall make available to the congressional intelligence committees as soon as practicable the raw data with respect to the timeliness of security clearance determinations used to prepare each such report in machine-readable format for each element of the intelligence community that collects such data.
(2) Form and classification justification
The data provided to the congressional intelligence committees under paragraph (1) shall be submitted in unclassified form to the greatest extent possible and shall contain a justification for the classification of any such data provided, which shall include citations to the applicable classification guide which explain the reason any such data is classified.
Section 705. Data with respect to timeliness of polygraph examinations
Section 7702 of the National Defense Authorization Act for Fiscal Year 2024 (50 U.S.C. 3352h), as amended by section 704, is further amended by adding at the end the following new subsection:
(1) In general
With respect to each report on compliance with timeliness standards for rendering determinations of trust for personnel vetting prepared pursuant to subsection (b), the Director of National Intelligence shall make available to the congressional intelligence committees as soon as practicable the raw data with respect to the timeliness of polygraph examinations used to prepare each such report in machine-readable format for each element of the intelligence community that collects such data.
(2) Form and classification justification
The data provided to the congressional intelligence committees under paragraph (1) shall be submitted in unclassified form to the greatest extent possible and shall contain a justification for the classification of any such data provided, which shall include citations to the applicable classification guide which explain the reason any such data is classified.