[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4443 Reported in Senate (RS)]
<DOC>
Calendar No. 412
118th CONGRESS
2d Session
S. 4443
To authorize appropriations for fiscal year 2025 for intelligence and
intelligence-related activities of the United States Government, the
Intelligence Community Management Account, and the Central Intelligence
Agency Retirement and Disability System, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 3, 2024
Mr. Warner, from the Select Committee on Intelligence, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2025 for intelligence and
intelligence-related activities of the United States Government, the
Intelligence Community Management Account, and the Central Intelligence
Agency Retirement and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2025''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
Sec. 104. Increase in employee compensation and benefits authorized by
law.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Improvements relating to conflicts of interest in the
Intelligence Innovation Board.
Sec. 302. National Threat Identification and Prioritization Assessment
and National Counterintelligence Strategy.
Sec. 303. Open Source Intelligence Division of Office of Intelligence
and Analysis personnel.
Sec. 304. Appointment of Director of the Office of Intelligence and
Counterintelligence.
Sec. 305. Improvements to advisory board of National Reconnaissance
Office.
Sec. 306. National Intelligence University acceptance of grants.
Sec. 307. Protection of Central Intelligence Agency facilities and
assets from unmanned aircraft.
Sec. 308. Limitation on availability of funds for new controlled access
programs.
Sec. 309. Limitation on transfers from controlled access programs.
Sec. 310. Expenditure of funds for certain intelligence and
counterintelligence activities of the Coast
Guard.
Sec. 311. Unauthorized access to intelligence community property.
Sec. 312. Strengthening of Office of Intelligence and Analysis.
Sec. 313. Report on sensitive commercially available information.
Sec. 314. Policy on collection of United States location information.
Sec. 315. Display of flags, seals, and emblems other than the United
States flag.
TITLE IV--COUNTERING FOREIGN THREATS
Subtitle A--People's Republic of China
Sec. 401. Strategy and outreach on risks posed by People's Republic of
China smartport technology.
Sec. 402. Assessment of current status of biotechnology of People's
Republic of China.
Sec. 403. Intelligence sharing with law enforcement agencies on
synthetic opioid precursor chemicals
originating in People's Republic of China.
Sec. 404. Report on efforts of the People's Republic of China to evade
United States transparency and national
security regulations.
Sec. 405. Plan for recruitment of Mandarin speakers.
Subtitle B--The Russian Federation
Sec. 411. Assessment of Russian Federation sponsorship of acts of
international terrorism.
Sec. 412. Assessment of likely course of war in Ukraine.
Subtitle C--International Terrorism
Sec. 421. Inclusion of Hamas, Hezbollah, Al-Qaeda, and ISIS officials
and members among aliens engaged in
terrorist activity.
Sec. 422. Assessment and report on the threat of ISIS-Khorasan to the
United States.
Sec. 423. Terrorist financing prevention.
Subtitle D--Other Foreign Threats
Sec. 431. Assessment of visa-free travel to and within Western
Hemisphere by nationals of countries of
concern.
Sec. 432. Study on threat posed by foreign investment in United States
agricultural land.
Sec. 433. Assessment of threat posed by citizenship-by-investment
programs.
Sec. 434. Mitigating the use of United States components and technology
in hostile activities by foreign
adversaries.
Sec. 435. Office of Intelligence and Counterintelligence review of
visitors and assignees.
Sec. 436. Prohibition on National Laboratories admitting certain
foreign nationals.
Sec. 437. Quarterly report on certain foreign nationals encountered at
the United States border.
Sec. 438. Assessment of the lessons learned by the intelligence
community with respect to the Israel-Hamas
war.
Sec. 439. Central Intelligence Agency intelligence assessment on Tren
de Aragua.
Sec. 440. Assessment of Maduro regime's economic and security
relationships with state sponsors of
terrorism and foreign terrorist
organizations.
Sec. 441. Continued congressional oversight of Iranian expenditures
supporting foreign military and terrorist
activities.
TITLE V--EMERGING TECHNOLOGIES
Sec. 501. Strategy to counter foreign adversary efforts to utilize
biotechnologies in ways that threaten
United States national security.
Sec. 502. Improvements to the roles, missions, and objectives of the
National Counterproliferation and
Biosecurity Center.
Sec. 503. Enhancing capabilities to detect foreign adversary threats
relating to biological data.
Sec. 504. National security procedures to address certain risks and
threats relating to artificial
intelligence.
Sec. 505. Establishment of Artificial Intelligence Security Center.
Sec. 506. Sense of Congress encouraging intelligence community to
increase private sector capital
partnerships and partnership with Office of
Strategic Capital of Department of Defense
to secure enduring technological
advantages.
Sec. 507. Intelligence Community Technology Bridge Fund.
Sec. 508. Enhancement of authority for intelligence community public-
private talent exchanges.
Sec. 509. Enhancing intelligence community ability to acquire emerging
technology that fulfills intelligence
community needs.
Sec. 510. Management of artificial intelligence security risks.
Sec. 511. Protection of technological measures designed to verify
authenticity or provenance of machine-
manipulated media.
Sec. 512. Sense of Congress on hostile foreign cyber actors.
Sec. 513. Designation of state sponsors of ransomware and reporting
requirements.
Sec. 514. Deeming ransomware threats to critical infrastructure a
national intelligence priority.
TITLE VI--CLASSIFICATION REFORM
Sec. 601. Governance of classification and declassification system.
Sec. 602. Classification and declassification of information.
Sec. 603. Minimum standards for Executive agency insider threat
programs.
TITLE VII--SECURITY CLEARANCES AND INTELLIGENCE COMMUNITY WORKFORCE
IMPROVEMENTS
Sec. 701. Security clearances held by certain former employees of
intelligence community.
Sec. 702. Policy for authorizing intelligence community program of
contractor-owned and contractor-operated
sensitive compartmented information
facilities.
Sec. 703. Enabling intelligence community integration.
Sec. 704. Appointment of spouses of certain Federal employees.
Sec. 705. Plan for staffing the intelligence collection positions of
the Central Intelligence Agency.
Sec. 706. Intelligence community workplace protections.
Sec. 707. Sense of Congress on Government personnel support for foreign
terrorist organizations.
TITLE VIII--WHISTLEBLOWERS
Sec. 801. Improvements regarding urgent concerns submitted to
Inspectors General of the intelligence
community.
Sec. 802. Prohibition against disclosure of whistleblower identity as
act of reprisal.
Sec. 803. Protection for individuals making authorized disclosures to
Inspectors General of elements of the
intelligence community.
Sec. 804. Clarification of authority of certain Inspectors General to
receive protected disclosures.
Sec. 805. Whistleblower protections relating to psychiatric testing or
examination.
Sec. 806. Establishing process parity for adverse security clearance
and access determinations.
Sec. 807. Elimination of cap on compensatory damages for retaliatory
revocation of security clearances and
access determinations.
TITLE IX--ANOMALOUS HEALTH INCIDENTS
Sec. 901. Additional discretion for Director of Central Intelligence
Agency in paying costs of treating
qualifying injuries and making payments for
qualifying injuries to the brain.
Sec. 902. Additional discretion for Secretary of State and heads of
other Federal agencies in paying costs of
treating qualifying injuries and making
payments for qualifying injuries to the
brain.
Sec. 903. Improved funding flexibility for payments made by Department
of State for qualifying injuries to the
brain.
TITLE X--UNIDENTIFIED ANOMALOUS PHENOMENA
Sec. 1001. Comptroller General of the United States review of All-
domain Anomaly Resolution Office.
Sec. 1002. Sunset of requirements relating to audits of unidentified
anomalous phenomena historical record
report.
Sec. 1003. Funding limitations relating to unidentified anomalous
phenomena.
TITLE XI--AIR AMERICA
Sec. 1101. Short title.
Sec. 1102. Findings.
Sec. 1103. Definitions.
Sec. 1104. Award authorized to eligible persons.
Sec. 1105. Funding limitation.
Sec. 1106. Time limitation.
Sec. 1107. Application procedures.
Sec. 1108. Rule of construction.
Sec. 1109. Attorneys' and agents' fees.
Sec. 1110. No judicial review.
Sec. 1111. Reports to Congress.
TITLE XII--OTHER MATTERS
Sec. 1201. Enhanced authorities for amicus curiae under the Foreign
Intelligence Surveillance Act of 1978.
Sec. 1202. Limitation on directives under Foreign Intelligence
Surveillance Act of 1978 relating to
certain electronic communication service
providers.
Sec. 1203. Strengthening Election Cybersecurity to Uphold Respect for
Elections through Independent Testing Act
of 2024.
Sec. 1204. Privacy and Civil Liberties Oversight Board qualifications.
Sec. 1205. Parity in pay for staff of the Privacy and Civil Liberties
Oversight Board and the intelligence
community.
Sec. 1206. Modification and repeal of reporting requirements.
Sec. 1207. Technical amendments.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in such section.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2025
for the conduct of the intelligence and intelligence-related activities
of the Federal Government.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be
appropriated under section 101 for the conduct of the intelligence
activities of the Federal Government are those specified in the
classified Schedule of Authorizations prepared to accompany this Act.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate, the
Committee on Appropriations of the House of Representatives,
and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations referred to in
subsection (a), or of appropriate portions of such Schedule,
within the executive branch of the Federal Government.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the
Implementing Recommendations of the 9/11 Commission Act
of 2007 (50 U.S.C. 3306(a));
(B) to the extent necessary to implement the
budget; or
(C) as otherwise required by law.
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2025 the sum of
$656,573,000.
(b) Classified Authorization of Appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are authorized to be
appropriated for the Intelligence Community Management Account for
fiscal year 2025 such additional amounts as are specified in the
classified Schedule of Authorizations referred to in section 102(a).
SEC. 104. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this 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.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund $514,000,000 for fiscal year
2025.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
SEC. 301. IMPROVEMENTS RELATING TO CONFLICTS OF INTEREST IN THE
INTELLIGENCE INNOVATION BOARD.
Section 7506(g) of the Intelligence Authorization Act for Fiscal
Year 2024 (Public Law 118-31) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by inserting ``active
and'' before ``potential'';
(B) in subparagraph (B), by striking ``the
Inspector General of the Intelligence Community'' and
inserting ``the designated agency ethics official'';
(C) by redesignating subparagraph (C) as
subparagraph (D); and
(D) by inserting after subparagraph (B) the
following:
``(C) Authority for the designated agency ethics
official to grant a waiver for a conflict of interest,
except that--
``(i) no waiver may be granted for an
active conflict of interest identified with
respect to the Chair of the Board;
``(ii) every waiver for a potential
conflict of interest requires review and
approval by the Director of National
Intelligence; and
``(iii) for every waiver granted, the
designated agency ethics official shall submit
to the congressional intelligence committees
notice of the waiver.''; and
(2) by adding at the end the following:
``(3) Definition of designated agency ethics official.--In
this subsection, the term `designated agency ethics official'
means the designated agency ethics official (as defined in
section 13101 of title 5, United States Code) in the Office of
the Director of National Intelligence.''.
SEC. 302. NATIONAL THREAT IDENTIFICATION AND PRIORITIZATION ASSESSMENT
AND NATIONAL COUNTERINTELLIGENCE STRATEGY.
Section 904(f)(3) of the Counterintelligence Enhancement Act of
2002 (50 U.S.C. 3383(f)(3)) is amended by striking ``National
Counterintelligence Executive'' and inserting ``Director of the
National Counterintelligence and Security Center''.
SEC. 303. OPEN SOURCE INTELLIGENCE DIVISION OF OFFICE OF INTELLIGENCE
AND ANALYSIS PERSONNEL.
None of the funds authorized to be appropriated by this Act or
otherwi