Sec. 292. Independent review of counterintelligence apparatus and structure of Federal Government
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/bill/116/s/4629/is/section-292A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Director of the National Counterintelligence and Security Center, the Under Secretary of Defense for Intelligence and Security, the Director of the Central Intelligence Agency, and the Director of the Federal Bureau of Investigation, shall jointly establish an independent panel to review the current counterintelligence apparatus and structure in the intelligence community to enhance the counterintelligence posture, capabilities, and responsibilities of the Federal Government in response to contemporary threats. The panel established under subsection
(a)shall be composed of 8 members as follows: At least 1 shall be a former employee of the National Counterintelligence and Security Center who retired from Federal employment. At least 1 shall be a former employee of the Central Intelligence Agency who retired from Federal employment. At least 1 shall be a former employee of the Federal Bureau of Investigation who retired from Federal employment. At least 1 shall be a former employee of the Department of Defense counterintelligence apparatus who retired from Federal employment. At least 1 shall be a former employee of the Federal Government who has spent the predominant amount of his or her career outside of the intelligence community. At least 1 of whom shall be an expert on policy relating to the People’s Republic of China. At least 1 of whom shall be an expert on policy relating to Russia. At least 1 of whom shall be an academic who is well known in the academic and national security fields. All of whom shall be recognized in the field of counterintelligence. The panel established under subsection
(a)shall conduct a review as described in such subsection. The review conducted under subparagraph
(A)shall include the following: Review of the structure and functions of the counterintelligence apparatus, capabilities of the intelligence community and counterintelligence components of the Federal Government, and funding, resourcing, and regulations as they pertain to the following aspects of counterintelligence: Investigations, counterintelligence, and espionage, including potential legislative action to improve chapter 37 of title 18, United States Code, to address contemporary issues. Operations. Analysis. Cyber operations. Policy. Strategy. Foreign influence and counter foreign influence. Analysis of the counterintelligence structure of the intelligence community and security elements of Federal departments and agencies that are not elements of the intelligence community. Evaluation of the role of the National Counterintelligence and Security Center in leading the counterintelligence apparatus and Federal counterintelligence capabilities and its relationship with the operational counterintelligence community, including the Federal Bureau of Investigation and the Department of Homeland Security. Review of potential advantages and risks associated with alternative constructs, governance models, restructuring, and reorganization for counterintelligence, including consideration of what an ideal national-level strategic counterintelligence program should look like. Review of the resources required and feasibility of the constructs, governance models, restructuring, and reorganization reviewed under clause
(iv)that could improve United States counterintelligence to work more strategically, including such legislative or administrative action as may be necessary to do so, such as legislative action regarding appropriations and ability to provide funding to programs that organizationally sit outside of the intelligence programs funded as part of the National Intelligence Program and may result in unfunded mandates. Not later than 360 days after the date of the enactment of this Act, the panel shall submit to the congressional intelligence committees a report on the findings of the panel with respect to the review conducted under paragraph (1). The report submitted under subparagraph
(A)shall be submitted in unclassified form, but may include a classified annex.