,,ii ,calendar ,no4 #ajf #aahth ,,congress #ast ,session ,s4 #bajc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bb1 #bjbc,mr4 ,warner1 from the ,select ,committee on ,intelligence1 reported the following original bill2 which was read twice and placed on the calendar ,a ,,bill ,to authorize appropriations for fiscal year #bjbd for intelligence and intelligence-related activities of the ,united ,states ,government1 the ,intelligence ,community ,management ,account1 and the ,central ,intelligence ,agency ,retirement and ,disability ,system1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,intelligence ,authorization ,act for ,fiscal ,year #bjbd4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,,title ,i--,intelligence activities,sec4 #aja4 ,authorization of appropriations4,sec4 #ajb4 ,classified ,schedule of ,authorizations4,sec4 #ajc4 ,intelligence ,community ,management ,account4,sec4 #ajd4 ,increase in employee compensation and benefits authorized by law4,,title ,,ii--,central ,intelligence ,agency retirement and disability system,sec4 #bja4 ,authorization of appropriations4,,title ,,iii--,intelligence community matters,subtitle ,a--,general intelligence community matters,sec4 #cja4 ,post-graduate employment of ,department of ,defense ,cyber and ,digital ,service ,academy scholarship recipients in intelligence community4,sec4 #cjb4 ,plan to recruit1 train1 and retain personnel with experience in financial intelligence and emerging technologies4,sec4 #cjc4 ,policy and performance framework for mobility of intelligence community workforce4,sec4 #cjd4 ,in-,state tuition rates for active duty members of the intelligence community4,sec4 #cje4 ,standards1 criteria1 and guidance for counterintelligence vulnerability assessments and surveys4,sec4 #cjf4 ,improving administration of certain post-employment restrictions for intelligence community4,sec4 #cjg4 ,mission of the ,national ,counterintelligence and ,security ,center4,sec4 #cjh4 ,prohibition relating to transport of individuals detained at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba4,sec4 #cji4 ,department of ,energy review of certain foreign visitors and assignees to ,national ,laboratories4,sec4 #caj4 ,congressional oversight of intelligence community risk assessments4,sec4 #caa4 ,inspector ,general review of dissemination by ,federal ,bureau of ,investigation ,richmond1 ,virginia1 field office of certain document4,sec4 #cab4 ,office of ,intelligence and ,analysis4,subtitle ,b--,central ,intelligence ,agency,sec4 #cba4 ,protection of ,central ,intelligence ,agency facilities and assets from unmanned aircraft4,sec4 #cbb4 ,change to penalties and increased availability of mental health treatment for unlawful conduct on ,central ,intelligence ,agency installations4,sec4 #cbc4 ,modifications to procurement authorities of the ,central ,intelligence ,agency4,sec4 #cbd4 ,establishment of ,central ,intelligence ,agency standard workplace sexual misconduct complaint investigation procedure4,sec4 #cbe4 ,pay cap for diversity1 equity1 and inclusion staff and contract employees of the ,central ,intelligence ,agency4,,title ,,iv--,matters concerning foreign countries,subtitle ,a--,people's ,republic of ,china,sec4 #dja4 ,intelligence community coordinator for accountability of atrocities of the ,people's ,republic of ,china4,sec4 #djb4 ,interagency working group and report on the malign efforts of the ,people's ,republic of ,china in ,africa4,sec4 #djc4 ,amendment to requirement for annual assessment by intelligence community working group for monitoring the economic and technological capabilities of the ,people's ,republic of ,china4,sec4 #djd4 ,assessments of reciprocity in the relationship between the ,united ,states and the ,people's ,republic of ,china4,sec4 #dje4 ,annual briefing on intelligence community efforts to identify and mitigate ,chinese ,communist ,party political influence operations and information warfare against the ,united ,states4,sec4 #djf4 ,assessment of threat posed to ,united ,states ports by cranes manufactured by countries of concern4,subtitle ,b--,russian ,federation,sec4 #daa4 ,assessment of lessons learned by intelligence community with respect to conflict in ,ukraine4,sec4 #dab4 ,national intelligence estimate on long-term confrontation with ,russia4,subtitle ,c--,other foreign countries,sec4 #dba4 ,report on efforts to capture and detain ,united ,states citizens as hostages4,sec4 #dbb4 ,sense of ,congress on priority of fentanyl in ,national ,intelligence ,priorities ,framework4,,title ,v--,matters pertaining to ,united ,states economic and emerging technology competition with ,united ,states adversaries,subtitle ,a--,general matters,sec4 #eja4 ,office of ,global ,competition ,analysis4,sec4 #ejb4 ,assignment of detailees from intelligence community to ,department of ,commerce4,sec4 #ejc4 ,threats posed by information and communications technology and services transactions and other activities4,sec4 #ejd4 ,revision of regulations defining sensitive national security property for ,committee on ,foreign ,investment in the ,united ,states reviews4,sec4 #eje4 ,support of intelligence community for export controls and other missions of the ,department of ,commerce4,sec4 #ejf4 ,review regarding information collection and analysis with respect to economic competition4,subtitle ,b--,next-generation energy1 biotechnology1 and artificial intelligence,sec4 #eaa4 ,expanded annual assessment of economic and technological capabilities of the ,people's ,republic of ,china4,sec4 #eab4 ,procurement of public utility contracts4,sec4 #eac4 ,assessment of using civil nuclear energy for intelligence community capabilities4,sec4 #ead4 ,policies established by ,director of ,national ,intelligence for artificial intelligence capabilities4,sec4 #eae4 ,strategy for submittal of notice by private persons to ,federal agencies regarding certain risks and threats relating to artificial intelligence4,,title ,,vi--,whistleblower matters,sec4 #fja4 ,submittal to ,congress of complaints and information by whistleblowers in the intelligence community4,sec4 #fjb4 ,prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community4,sec4 #fjc4 ,establishing process parity for adverse security clearance and access determinations4,sec4 #fjd4 ,elimination of cap on compensatory damages for retaliatory revocation of security clearances and access determinations4,sec4 #fje4 ,modification and repeal of reporting requirements4,,title ,,vii--,classification reform,subtitle ,a--,classification ,reform ,act of #bjbc;,chapter #a--,short title2 definitions,sec4 #gja4 ,short title4,sec4 #gjb4 ,definitions4,chapter #b--;,governance and accountability for reform of the security classification system,sec4 #gaa4 ,executive ,agent for ,classification and ,declassification4,sec4 #gab4 ,executive ,committee on ,classification and ,declassification ,programs and ,technology4,sec4 #gac4 ,advisory bodies for ,executive ,agent for ,classification and ,declassification4,sec4 #gad4 ,information ,security ,oversight ,office4,chapter #c--,reducing overclassification,sec4 #gba4 ,classification and declassification of information4,sec4 #gbb4 ,declassification working capital funds4,sec4 #gbc4 ,transparency officers4,chapter #d--,preventing mishandling of classified information,sec4 #gca4 ,security review of certain records of the ,president and ,vice ,president4,sec4 #gcb4 ,mandatory counterintelligence risk assessments4,sec4 #gcc4 ,minimum standards for ,executive agency insider threat programs4,chapter #e--,other matters,sec4 #gda4 ,prohibitions4,sec4 #gdb4 ,conforming amendment4,sec4 #gdc4 ,clerical amendment4,subtitle ,b--,sensible ,classification ,act of #bjbc,sec4 #gea4 ,short title4,sec4 #geb4 ,definitions4,sec4 #gec4 ,findings and sense of the ,senate4,sec4 #ged4 ,classification authority4,sec4 #gee4 ,promoting efficient declassification review4,sec4 #gef4 ,training to promote sensible classification4,sec4 #geg4 ,improvements to ,public ,interest ,declassification ,board4,sec4 #geh4 ,implementation of technology for classification and declassification4,sec4 #gei4 ,studies and recommendations on necessity of security clearances4,,title ,,viii--,security clearance and trusted workforce,sec4 #hja4 ,review of shared information technology services for personnel vetting4,sec4 #hjb4 ,timeliness standard for rendering determinations of trust for personnel vetting4,sec4 #hjc4 ,annual report on personnel vetting trust determinations4,sec4 #hjd4 ,survey to assess strengths and weaknesses of ,trusted ,workforce #b4j4,sec4 #hje4 ,prohibition on denial of eligibility for access to classified information solely because of past use of cannabis4,,title ,,ix--,anomalous health incidents,sec4 #ija4 ,improved funding flexibility for payments made by the ,central ,intelligence ,agency for qualifying injuries to the brain4,sec4 #ijb4 ,clarification of requirements to seek certain benefits relating to injuries to the brain4,sec4 #ijc4 ,intelligence community implementation of ,,havana ,act of #bjba authorities4,sec4 #ijd4 ,report and briefing on ,central ,intelligence ,agency handling of anomalous health incidents4,,title ,x--,election security,sec4 #ajja4 ,strengthening ,election ,cybersecurity to ,uphold ,respect for ,elections through ,independent ,testing ,act of #bjbc4,sec4 #ajjb4 ,protecting ,ballot ,measures from ,foreign ,influence ,act of #bjbc4,,title ,,xi--,other matters,sec4 #aaja4 ,modification of reporting requirement for ,all-domain ,anomaly ,resolution ,office4,sec4 #aajb4 ,modifications to notification on the provision of defense sensitive support4,sec4 #aajc4 ,modification of congressional oversight of special access programs4,sec4 #aajd4 ,funding limitations relating to unidentified anomalous phenomena4 #b4 ,definitions ,in this ,act3 7#a7 ,congressional intelligence committees ,the term congressional intelligence committees has the meaning given such term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 7#b7 ,intelligence community ,the term intelligence community has the meaning given such term in such section4 ,i ,intelligence activities #aja4 ,authorization of appropriations ,funds are hereby authorized to be appropriated for fiscal year #bjbd for the conduct of the intelligence and intelligence-related activities of the ,federal ,government4 #ajb4 ,classified ,schedule of ,authorizations 7a7 ,specifications of amounts ,the amounts authorized to be appropriated under section #aja for the conduct of the intelligence activities of the ,federal ,government are those specified in the classified ,schedule of ,authorizations prepared to accompany this ,act4 7b7 ,availability of classified ,schedule of ,authorizations 7#a7 ,availability ,the classified ,schedule of ,authorizations referred to in subsection 7a7 shall be made available to the ,committee on ,appropriations of the ,senate1 the ,committee on ,appropriations of the ,house of ,representatives1 and to the ,president4 7#b7 ,distribution by the ,president ,subject to paragraph 7#c71 the ,president shall provide for suitable distribution of the classified ,schedule of ,authorizations referred to in subsection 7a71 or of appropriate portions of such ,schedule1 within the executive branch of the ,federal ,government4 7#c7 ,limits on disclosure ,the ,president shall not publicly disclose the classified ,schedule of ,authorizations or any portion of such ,schedule except-- 7,a7 as provided in section #fja7;a7 of the ,implementing ,recommendations of the #i_/aa ,commission ,act of #bjjg 7#ej ,u4,s4,c4 #ccjf7;a772 7,b7 to the extent necessary to implement the budget2 or 7,c7 as otherwise required by law4 #ajc4 ,intelligence ,community ,management ,account 7a7 ,authorization of appropriations ,there is authorized to be appropriated for the ,intelligence ,community ,management ,account of the ,director of ,national ,intelligence for fiscal year #bjbd the sum of #feh1iej1jjj4 7b7 ,classified authorization of appropriations ,in addition to amounts authorized to be appropriated for the ,intelligence ,community ,management ,account by subsection 7a71 there are authorized to be appropriated for the ,intelligence ,community ,management ,account for fiscal year #bjbd such additional amounts as are specified in the classified ,schedule of ,authorizations referred to in section #ajb7;a74 #ajd4 ,increase in employee compensation and benefits authorized by law ,appropriations authorized by this ,act for salary1 pay1 retirement1 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 law4 ,,ii ,central ,intelligence ,agency retirement and disability system #bja4 ,authorization of appropriations ,there is authorized to be appropriated for the ,central ,intelligence ,agency ,retirement and ,disability ,fund #ead1jjj1jjj for fiscal year #bjbd4 ,,iii ,intelligence community matters ,a ,general intelligence community matters #cja4 ,post-graduate employment of ,department of ,defense ,cyber and ,digital ,service ,academy scholarship recipients in intelligence community ,section #aece7;d7 of the ,james ,m4 ,inhofe ,national ,defense ,authorization ,act for ,fiscal ,year #bjbc 7,public ,law #aag-bfc7 is amended by inserting or of an element of the intelligence community 7as that term is defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc77 after missions of the ,department4 #cjb4 ,plan to recruit1 train1 and retain personnel with experience in financial intelligence and emerging technologies 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence1 in coordination with the heads of human capital of the ,central ,intelligence ,agency1 the ,national ,security ,agency1 and the ,federal ,bureau of ,investigation1 shall submit to the congressional intelligence committees a plan for the intelligence community to recruit1 train1 and retain personnel who have skills and experience in financial intelligence and emerging technologies in order to improve analytic tradecraft4 7b7 ,elements ,the plan required by subsection 7a7 shall include the following elements3 7#a7 ,an assessment1 including measurable benchmarks of progress1 of current initiatives of the intelligence community to recruit1 train1 and retain personnel who have skills and experience in financial intelligence and emerging technologies4 7#b7 ,an assessment of whether personnel in the intelligence community who have such skills are currently well integrated into the analytical cadre of the relevant elements of the intelligence community that produce analyses with respect to financial intelligence and emerging technologies4 7#c7 ,an identification of challenges to hiring or compensation in the intelligence community that limit progress toward rapidly increasing the number of personnel with such skills1 and an identification of hiring or other reforms to resolve such challenges4 7#d7 ,a determination of whether the ,national ,intelligence ,university has the resources and expertise necessary to train existing personnel in financial intelligence and emerging technologies4 7#e7 ,a strategy1 including measurable benchmarks of progress1 to1 by ,january #a1 #bjbe1 increase by #aj percent the analytical cadre of personnel with expertise and previous employment in financial intelligence and emerging technologies4 #cjc4 ,policy and performance framework for mobility of intelligence community workforce 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall develop and implement a policy and performance framework to ensure the timely and effective mobility of employees and contractors of the ,federal ,government who are transferring employment between elements of the intelligence community4 7b7 ,elements ,the policy and performance framework required by subsection 7a7 shall include processes with respect to the following3 7#a7 ,human resources4 7#b7 ,medical reviews4 7#c7 ,determinations of suitability or eligibility for access to classified information in accordance with ,executive ,order #acdfg 7#ej ,u4,s4,c4 #cafa note2 relating to reforming processes related to suitability for ,government employment1 fitness for contractor employees1 and eligibility for access to classified national security information74 #cjd4 ,in-,state tuition rates for active duty members of the intelligence community 7a7 ,in general ,section #ace7;d7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajae;d7d771 as amended by section #fbjf7;a77#d7 of the ,foreign ,service ,families ,act of #bjba 7,public ,law #aag-ha71 is further amended-- 7#a7 in paragraph 7#a71 by striking or after the semicolon2 7#b7 in paragraph 7#b71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following new paragraph3 7#c7 a member of the intelligence community 7as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc77 7other than a member of the ,armed ,forces of the ,united ,states7 who is on active duty for a period of more than #cj days4 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect at each public institution of higher education in a ,state that receives assistance under the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja et seq47 for the first period of enrollment at such institution that begins after ,july #a1 #bjbf4 #cje4 ,standards1 criteria1 and guidance for counterintelligence vulnerability assessments and surveys ,section #ijd7;d77#g77;,a7 of the ,counterintelligence ,enhancement ,act of #bjjb 7#ej ,u4,s4,c4 #cchc7;d77#g77;,a77 is amended to read as follows3 7,a7 ,counterintelligence vulnerability assessments and surveys ,to develop standards1 criteria1 and guidance for counterintelligence risk assessments and surveys of the vulnerability of the ,united ,states to intelligence threats1 including with respect to critical infrastructure and critical technologies1 in order to identify the areas1 programs1 and activities that require protection from such threats4 4 #cjf4 ,improving administration of certain post-employment restrictions for intelligence community ,section #cjd of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjgc;a7 is amended-- 7#a7 in subsection 7c77#a7-- 7,a7 by striking ,a former and inserting the following3 7,a7 ,in general ,a former 2 and 7,b7 by adding at the end the following3 7,b7 ,prior disclosure to ,director of ,national ,intelligence 7i7 ,in general ,in the case of a former employee who occupies a covered post-service position in violation of subsection 7a71 whether the former employee voluntarily notified the ,director of ,national ,intelligence of the intent of the former employee to occupy such covered post-service position before occupying such post-service position may be used in determining whether the violation was knowing and willful for purposes of subparagraph 7,a74 7ii7 ,procedures and guidance ,the ,director of ,national ,intelligence may establish procedures and guidance relating to the submittal of notice for purposes of clause 7i74 2 and 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by inserting the restrictions under subsection 7a7 and before the report requirements2 7,b7 in paragraph 7#b71 by striking ceases to occupy and inserting occupies2 and 7,c7 in paragraph 7#c77;,b71 by striking before the person ceases to occupy a covered intelligence position and inserting when the person occupies a covered intelligence position4 #cjg4 ,mission of the ,national ,counterintelligence and ,security ,center 7a7 ,in general ,section #ijd of the ,counterintelligence ,enhancement ,act of #bjjb 7#ej ,u4,s4,c4 #cchc7 is amended-- 7#a7 by redesignating subsections 7d7 through 7i7 as subsections 7e7 through 7j71 respectively2 and 7#b7 by inserting after subsection 7c7 the following3 7d7 ,mission ,the mission of the ,national ,counterintelligence and ,security ,center shall include organizing and leading strategic planning for counterintelligence activities of the ,united ,states ,government by integrating instruments of national power as needed to counter foreign intelligence activities4 4 7b7 ,conforming amendments 7#a7 ,counterintelligence ,enhancement ,act of #bjjb ,section #ijd of the ,counterintelligence ,enhancement ,act of #bjjb 7#ej ,u4,s4,c4 #cchc7 is amended-- 7,a7 in subsection 7e71 as redesignated by subsection 7a77#a71 by striking ,subject to subsection 7e7 both places it appears and inserting ,subject to subsection 7f72 and 7,b7 in subsection 7f71 as so redesignated-- 7i7 in paragraph 7#a71 by striking subsection 7d77#a7 and inserting subsection 7e77#a72 and 7ii7 in paragraph 7#b71 by striking subsection 7d77#b7 and inserting subsection 7e77#b74 7#b7 ,counterintelligence and ,security ,enhancements ,act of #aiid ,section #haa7;d77#a77;,b77ii7 of the ,counterintelligence and ,security ,enhancements ,act of #aiid 7#ej ,u4,s4,c4 #ccha7;d77#a77;,b77ii77 is amended by striking section #ijd7;d77#b7 of that ,act 7#ej ,u4,s4,c4 #cchc7;d77#b77 and inserting section #ijd7;e77#b7 of that ,act 7#ej ,u4,s4,c4 #cchc7;e77#b774 #cjh4 ,prohibition relating to transport of individuals detained at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba 7a7 ,definition of individual detained at ,guantanamo ,in this section1 the term individual detained at ,guantanamo has the meaning given that term in section #ajcd7;f77#b7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjaf 7,public ,law #aad-ib2 #abi ,stat4 #iga2 #aj ,u4,s4,c4 #hja note74 7b7 ,prohibition on chartering private or commercial aircraft to transport individuals detained at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba ,no head of an element of the intelligence community may charter any private or commercial aircraft to transport an individual who is or was an individual detained at ,guantanamo4 #cji4 ,department of ,energy review of certain foreign visitors and assignees to ,national ,laboratories 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,select ,committee on ,intelligence of the ,senate2 7,b7 the ,committee on ,energy and ,natural ,resources of the ,senate2 7,c7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives2 and 7,d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#b7 ,director ,the term ,director means the ,director of the ,office of ,intelligence and ,counterintelligence of the ,department of ,energy 7or a designee74 7#c7 ,foreign national ,the term foreign national has the meaning given the term alien in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a774 7#d7 ,national ,laboratory ,the term ,national ,laboratory has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#e7 ,sensitive country ,the term sensitive country means a country to which particular consideration is given for policy reasons during the ,department of ,energy internal review and approval process for visits by1 and assignments of1 foreign nationals to ,national ,laboratories4 7#f7 ,sensitive country national ,the term sensitive country national means a foreign national who was born in1 is a citizen of1 or is employed by a government1 employer1 institution1 or organization of1 a sensitive country4 7#g7 ,sensitive country visitor or assignee 7,a7 ,in general ,the term sensitive country visitor or assignee means a visitor or assignee who is a sensitive country national4 7,b7 ,associated definitions ,for purposes of this paragraph3 7i7 ,assignee ,the term assignee means an individual who is seeking approval from1 or has been approved by1 a ,national ,laboratory to access the premises1 information1 or technology of the ,national ,laboratory for a period of more than #cj consecutive calendar days4 7ii7 ,visitor ,the term visitor mans an individual who is seeking approval from1 or has been approved by1 a ,national ,laboratory to access the premises1 information1 or technology of the ,national ,laboratory for any period other than a period described in clause 7i74 7b7 ,recommendations with respect to sensitive country visitors or assignees 7#a7 ,notification and recommendation requirement ,on determination that a proposed sensitive country visitor or assignee poses a counterintelligence risk to a ,national ,laboratory1 the ,director shall-- 7,a7 notify the ,national ,laboratory of the determination2 and 7,b7 provide a recommendation to the ,national ,laboratory on whether to grant or deny the proposed sensitive country visitor or assignee access to the premises1 information1 or technology of the ,national ,laboratory4 7#b7 ,prohibition ,a ,national ,laboratory may not allow a sensitive country visitor or assignee that the ,director has identified as a counterintelligence risk under paragraph 7#a7 to have any access to the premises1 information1 or technology of the ,national ,laboratory until the ,director has submitted the notification and recommendation to the ,national ,laboratory as described in paragraph 7#a74 7#c7 ,application to other ,national ,laboratories ,if the ,director makes a recommendation under paragraph 7#a7 that a sensitive country visitor or assignee should not be granted access to the premises1 information1 or technology of a ,national ,laboratory-- 7,a7 the ,director shall notify each ,national ,laboratory of that recommendation2 and 7,b7 that recommendation shall apply to each ,national ,laboratory with respect to that sensitive country visitor or assignee4 7c7 ,notification to ,director 7#a7 ,in general ,after receiving a recommendation to deny access under subsection 7b77#a77;,b71 a ,national ,laboratory shall submit to the ,director a notification of the decision of the ,national ,laboratory to grant or deny access to the premises1 information1 or technology of the ,national ,laboratory to the sensitive country visitor or assignee that is the subject of the recommendation4 7#b7 ,timing ,if a ,national ,laboratory decides to grant access to a sensitive country visitor or assignee despite a recommendation to deny access1 the notification under paragraph 7#a7 shall be submitted to the ,director before the sensitive country visitor or assignee is granted access to the premises1 information1 or technology of the ,national ,laboratory4 7d7 ,reports to ,congress 7#a7 ,in general ,the ,director shall submit to the appropriate committees of ,congress an unclassified quarterly report listing each instance in which a ,national ,laboratory indicates in a notification submitted under subsection 7c77#a7 that the ,national ,laboratory has decided to grant a sensitive country visitor or assignee access to the premises1 information1 or technology of the ,national ,laboratory4 7#b7 ,requirement ,each quarterly report under paragraph 7#a7 shall include the recommendation of the ,director under subsection 7b77#a77;,b7 with respect to the applicable sensitive country visitor or assignee4 #caj4 ,congressional oversight of intelligence community risk assessments 7a7 ,risk assessment documents and materials ,except as provided in subsection 7b71 whenever an element of the intelligence community conducts a risk assessment arising from the mishandling or improper disclosure of classified information1 the ,director of ,national ,intelligence shall1 not later than #cj days after the date of the commencement of such risk assessment-- 7#a7 submit to the congressional intelligence committees copies of such documents and materials as are-- 7,a7 within the jurisdiction of such committees2 and 7,b7 subject to the risk assessment2 and 7#b7 provide such committees a briefing on such documents1 materials1 and risk assessment4 7b7 ,exception ,if the ,director determines1 with respect to a risk assessment described in subsection 7a71 that the documents and other materials otherwise subject to paragraph 7#a7 of such subsection 7a7 are of such a volume that submittal pursuant to such paragraph would be impracticable1 the ,director shall-- 7#a7 in lieu of submitting copies of such documents and materials1 submit a log of such documents and materials2 and 7#b7 pursuant to a request by the ,select ,committee on ,intelligence of the ,senate or the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives for a copy of a document or material included in such log1 submit to such committee such copy4 #caa4 ,inspector ,general review of dissemination by ,federal ,bureau of ,investigation ,richmond1 ,virginia1 field office of certain document 7a7 ,review required ,not later than #abj days after the date of the enactment of this ,act1 the ,inspector ,general of the ,department of ,justice shall conduct a review of the actions and events1 including any underlying policy direction1 that served as a basis for the ,january #bc1 #bjbc1 dissemination by the field office of the ,federal ,bureau of ,investigation located in ,richmond1 ,virginia1 of a document titled ,interest of ,racially or ,ethnically ,motivated ,violent ,extremists in ,radical-,traditionalist ,catholic ,ideology ,almost ,certainly ,presents ,new ,mitigation ,opportunities44 7b7 ,submittal to ,congress ,the ,inspector ,general of the ,department of ,justice shall submit to the congressional intelligence committees the findings of the ,inspector ,general with respect to the review required by subsection 7a74 #cab4 ,office of ,intelligence and ,analysis ,section #bja of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aba7 is amended by adding at the end the following3 7h7 ,prohibition 7#a7 ,definition ,in this subsection1 the term ,united ,states person means a ,united ,states citizen1 an alien known by the ,office of ,intelligence and ,analysis to be a permanent resident alien1 an unincorporated association substantially composed of ,united ,states citizens or permanent resident aliens1 or a corporation incorporated in the ,united ,states1 except for a corporation directed and controlled by #a or more foreign governments4 7#b7 ,collection of information from ,united ,states persons 7,a7 ,in general ,notwithstanding any other provision of law1 the ,office of ,intelligence and ,analysis may not engage in the collection of information or intelligence targeting any ,united ,states person except as provided in subparagraph 7,b74 7,b7 ,exception ,subparagraph 7,a7 shall not apply to any employee1 officer1 or contractor of the ,office of ,intelligence and ,analysis who is responsible for collecting information from individuals working for a ,state1 local1 or ,tribal territory government or a private employer4 4 ,b ,central ,intelligence ,agency #cba4 ,protection of ,central ,intelligence ,agency facilities and assets from unmanned aircraft ,the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #ceja et seq47 is amended by inserting after section #ae the following new section3 #ae;,a4 ,protection of certain facilities and assets from unmanned aircraft 7a7 ,definitions ,in this section3 7#a7 ,budget ,the term budget1 with respect to a fiscal year1 means the budget for that fiscal year that is submitted to ,congress by the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code4 7#b7 ,congressional intelligence committees ,the term congressional intelligence committees has the meaning given such term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 7#c7 ,congressional judiciary committees ,the term congressional judiciary committees means-- 7,a7 the ,committee on the ,judiciary of the ,senate2 and 7,b7 the ,committee on the ,judiciary of the ,house of ,representatives4 7#d7 ,congressional transportation and infrastructure committees ,the term congressional transportation and infrastructure committees means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7,b7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#e7 ,covered facility or asset ,the term covered facility or asset means the headquarters compound of the ,agency and the property controlled and occupied by the ,federal ,highway ,administration located immediately adjacent to such compound 7subject to a risk-based assessment as defined for purposes of this section71 or any other installation and protected property of the ,agency where the facility or asset-- 7,a7 is identified as high risk and a potential target for unlawful unmanned aircraft activity by the ,director1 in coordination with the ,secretary of ,transportation1 with respect to potentially affected airspace1 through a risk-based assessment for purposes of this section2 7,b7 is located in the ,united ,states2 and 7,c7 directly relates to one or more functions authorized to be performed by the ,agency1 pursuant to the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjja et seq47 or this ,act4 7#f7 ,electronic communication ,the term electronic communication has the meaning given such term in section #beaj of title #ah1 ,united ,states ,code4 7#g7 ,intercept ,the term intercept has the meaning given such term in section #beaj of title #ah1 ,united ,states ,code4 7#h7 ,radio communication ,the term radio communication has the meaning given that term in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec74 7#i7 ,risk-based assessment ,the term risk-based assessment includes an evaluation of threat information specific to a covered facility or asset and1 with respect to potential effects on the safety and efficiency of the national airspace system and the needs of national security at each covered facility or asset identified by the ,director1 an evaluation of each of the following factors3 7,a7 ,potential effects on safety1 efficiency1 and use of the national airspace system1 including potential effects on manned aircraft and unmanned aircraft systems1 aviation safety1 airport operations1 infrastructure1 and air navigation services relating to the use of any system or technology for carrying out the actions described in subsection 7c77#a74 7,b7 ,options for mitigating any identified effects on the national airspace system relating to the use of any system or technology1 including minimizing when possible the use of any system or technology that disrupts the transmission of radio or electronic signals1 for carrying out the actions described in subsection 7c77#a74 7,c7 ,potential consequences of any actions taken under subsection 7c77#a7 to the national airspace system and infrastructure1 if not mitigated4 7,d7 ,the ability to provide reasonable advance notice to aircraft operators consistent with the safety of the national airspace system and the needs of national security4 7,e7 ,the setting and character of any covered facility or asset1 including whether it is located in a populated area or near other structures1 and any potential for interference with wireless communications or for injury or damage to persons or property4 7,f7 ,potential consequences to national security if threats posed by unmanned aircraft systems or unmanned aircraft are not mitigated or defeated4 7#aj7 ,oral communication ,the term oral communication has the meaning given such term in section #beaj of title #ah1 ,united ,states ,code4 7#aa7 ,united ,states ,the term ,united ,states has the meaning given such term in section #e of title #ah1 ,united ,states ,code4 7#ab7 ,unmanned aircraft and unmanned aircraft system ,the terms unmanned aircraft and unmanned aircraft system have the meanings given such terms in section #ddhja of title #di1 ,united ,states ,code4 7#ac7 ,wire communication ,the term wire communication has the meaning given such term in section #beaj of title #ah1 ,united ,states ,code4 7b7 ,authority ,notwithstanding section #dfejb of title #di1 ,united ,states ,code1 section #cb1 #ajcj1 or #acfg of title #ah1 ,united ,states ,code1 or chapter #aai or #bjf of such title1 the ,director may take1 and may authorize personnel of the ,agency with assigned duties that include the security or protection of people1 facilities1 or assets within the ,united ,states1 to take-- 7#a7 such actions described in subsection 7c77#a7 that are necessary to detect1 identify1 monitor1 track1 or mitigate a credible threat 7as defined by the ,director1 in consultation with the ,secretary of ,transportation7 that an unmanned aircraft system or unmanned aircraft poses to the safety or security of a covered facility or asset2 and 7#b7 such actions described in subsection 7c77#b74 7c7 ,actions 7#a7 ,actions described ,the actions described in this paragraph are the following3 7,a7 ,during the operation of the unmanned aircraft system1 detect1 identify1 monitor1 and track the unmanned aircraft system or unmanned aircraft1 without prior consent1 including by means of intercept or other access of a wire communication1 an oral communication1 or an electronic communication used to control the unmanned aircraft system or unmanned aircraft4 7,b7 ,warn the operator of the unmanned aircraft system or unmanned aircraft1 including by doing so passively or actively1 and by direct or indirect physical1 electronic1 radio1 and electromagnetic means4 7,c7 ,disrupt control of the unmanned aircraft system or unmanned aircraft1 without prior consent1 including by disabling the unmanned aircraft system or unmanned aircraft by intercepting1 interfering with1 or causing interference with wire1 oral1 electronic1 or radio communications used to control the unmanned aircraft system or unmanned aircraft4 7,d7 ,seize or exercise control of the unmanned aircraft system or unmanned aircraft4 7,e7 ,seize or otherwise confiscate the unmanned aircraft system or unmanned aircraft4 7,f7 ,use reasonable force1 if necessary1 to seize or otherwise disable1 damage1 or destroy the unmanned aircraft system or unmanned aircraft4 7#b7 ,research1 testing1 training1 and evaluation ,the ,director shall conduct research1 testing1 and training on1 and evaluation of1 any equipment1 including any electronic equipment1 to determine the capability and utility of the equipment prior to the use of the equipment for any action described in paragraph 7#a74 ,personnel and contractors who do not have duties that include the safety1 security1 or protection of people1 facilities1 or assets may engage in research1 testing1 training1 and evaluation activities pursuant to this section4 7#c7 ,coordination 7,a7 ,secretary of ,transportation ,the ,director shall develop the actions described in paragraph 7#a7 in coordination with the ,secretary of ,transportation4 7,b7 ,administrator of ,federal ,aviation ,administration ,the ,director shall coordinate with the ,administrator of the ,federal ,aviation ,administration on any action described in paragraphs 7#a7 and 7#c7 so the ,administrator may ensure that unmanned aircraft system detection and mitigation systems do not adversely affect or interfere with safe airport operations1 navigation1 air traffic services1 or the safe and efficient operation of the national airspace system4 7d7 ,forfeiture ,any unmanned aircraft system or unmanned aircraft described in subsection 7b7 that is seized by the ,director is subject to forfeiture to the ,united ,states4 7e7 ,regulations and guidance 7#a7 ,issuance ,the ,director and the ,secretary of ,transportation may each prescribe regulations1 and shall each issue guidance1 to carry out this section4 7#b7 ,coordination 7,a7 ,requirement ,the ,director shall coordinate the development of guidance under paragraph 7#a7 with the ,secretary of ,transportation4 7,b7 ,aviation safety ,the ,director shall coordinate with the ,secretary of ,transportation and the ,administrator of the ,federal ,aviation ,administration before issuing any guidance1 or otherwise implementing this section1 so the ,administrator may ensure that unmanned aircraft system detection and mitigation systems do not adversely affect or interfere with safe airport operations1 navigation1 air traffic services1 or the safe and efficient operation of the national airspace system4 7f7 ,privacy protection ,the regulations prescribed or guidance issued under subsection 7e7 shall ensure that-- 7#a7 the interception or acquisition of1 access to1 or maintenance or use of1 communications to or from an unmanned aircraft system or unmanned aircraft under this section is conducted in a manner consistent with the ,first and ,fourth ,amendments to the ,constitution of the ,united ,states and applicable provisions of ,federal law2 7#b7 communications to or from an unmanned aircraft system or unmanned aircraft are intercepted or acquired only to the extent necessary to support an action described in subsection 7c72 7#c7 records of such communications are maintained only for as long as necessary1 and in no event for more than #ahj days1 unless the ,director determines that maintenance of such records for a longer period is required under ,federal law or necessary for the investigation or prosecution of a violation of law1 to fulfill a duty1 responsibility1 or function of the ,agency1 or for the purpose of any litigation2 7#d7 such communications are not disclosed outside the ,agency unless the disclosure-- 7,a7 is necessary to investigate or prosecute a violation of law2 7,b7 would support the ,agency1 the ,department of ,defense1 a ,federal law enforcement1 intelligence1 or security agency1 or a ,state1 local1 tribal1 or territorial law enforcement agency1 or other relevant person or entity if such entity or person is engaged in a security or protection operation2 7,c7 is necessary to support a department or agency listed in subparagraph 7,b7 in investigating or prosecuting a violation of law2 7,d7 would support the enforcement activities of a regulatory agency of the ,federal ,government in connection with a criminal or civil investigation of1 or any regulatory1 statutory1 or other enforcement action relating to1 an action described in subsection 7c7 that is necessary to fulfill a duty1 responsibility1 or function of the ,agency2 7,e7 is necessary to protect against dangerous or unauthorized activity by unmanned aircraft systems or unmanned aircraft2 7,f7 is necessary to fulfill a duty1 responsibility1 or function of the ,agency2 or 7,g7 is otherwise required by law4 7g7 ,budget 7#a7 ,in general ,the ,director shall submit to the congressional intelligence committees1 as a part of the budget requests of the ,agency for each fiscal year after fiscal year #bjbd1 a consolidated funding display that identifies the funding source for the actions described in subsection 7c77#a7 within the ,agency4 7#b7 ,form ,the funding display shall be in unclassified form1 but may contain a classified annex4 7h7 ,semiannual briefings and notifications 7#a7 ,briefings ,not later than #ahj days after the date of the enactment of this section1 and semiannually thereafter1 the ,director shall provide the congressional intelligence committees1 the congressional judiciary committees1 and the congressional transportation and infrastructure committees a briefing on the activities carried out pursuant to this section during the period covered by the briefing4 7#b7 ,requirement ,each briefing under paragraph 7#a7 shall be conducted jointly with the ,secretary of ,transportation4 7#c7 ,contents ,each briefing under paragraph 7#a7 shall include the following3 7,a7 ,policies1 programs1 and procedures to mitigate or eliminate effects of such activities on the national airspace system and other critical national transportation infrastructure4 7,b7 ,a description of instances in which actions described in subsection 7c77#a7 have been taken1 including all such instances that may have resulted in harm1 damage1 or loss to a person or to private property4 7,c7 ,a description of the guidance1 policies1 or procedures established to address privacy1 civil rights1 and civil liberties issues implicated by the actions allowed under this section1 as well as any changes or subsequent efforts that would significantly affect privacy1 civil rights1 or civil liberties4 7,d7 ,a description of options considered and steps taken to mitigate any identified effects on the national airspace system relating to the use of any system or technology1 including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals1 for carrying out the actions described in subsection 7c77#a74 7,e7 ,a description of instances in which communications intercepted or acquired during the course of operations of an unmanned aircraft system or unmanned aircraft were maintained for more than #ahj days or disclosed outside the ,agency4 7,f7 ,how the ,director and the ,secretary of ,transportation have informed the public as to the possible use of authorities under this section4 7,g7 ,how the ,director and the ,secretary of ,transportation have engaged with ,federal1 ,state1 local1 territorial1 or tribal law enforcement agencies to implement and use such authorities4 7,h7 ,an assessment of whether any gaps or insufficiencies remain in laws1 regulations1 and policies that impede the ability of the ,agency to counter the threat posed by the malicious use of unmanned aircraft systems or unmanned aircraft1 and any recommendations to remedy such gaps or insufficiencies4 7#d7 ,form ,each briefing under paragraph 7#a7 shall be in unclassified form1 but may be accompanied by an additional classified report4 7#e7 ,notifications 7,a7 ,covered facilities and assets ,not later than #cj days before exercising any authority under this section at a covered facility or asset for the first time doing so at such covered facility or asset1 the ,director shall submit to the congressional intelligence committees-- 7i7 notice that the ,director intends to exercise authority under this section at such covered facility or asset2 and 7ii7 a list of every covered facility and asset4 7,b7 ,deployment of new technologies 7i7 ,in general ,not later than #cj days after deploying any new technology to carry out the actions described in subsection 7c77#a71 the ,director shall submit to the congressional intelligence committees a notification of the use of such technology4 7ii7 ,contents ,each notice submitted pursuant to clause 7i7 shall include a description of options considered to mitigate any identified effects on the national airspace system relating to the use of any system or technology1 including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals1 for carrying out the actions described in subsection 7c77#a74 7i7 ,rule of construction ,nothing in this section may be construed-- 7#a7 to vest in the ,director any authority of the ,secretary of ,transportation or the ,administrator of the ,federal ,aviation ,administration2 or 7#b7 to vest in the ,secretary of ,transportation or the ,administrator of the ,federal ,aviation ,administration any authority of the ,director4 7j7 ,scope of authority ,nothing in this section shall be construed to provide the ,director or the ,secretary of ,transportation with additional authorities beyond those described in subsections 7b7 and 7d74 7k7 ,termination 7#a7 ,in general ,the authority to carry out this section with respect to the actions specified in subparagraphs 7,b7 through 7,f7 of subsection 7c77#a7 shall terminate on the date that is #aj years after the date of enactment of the ,intelligence ,authorization ,act for ,fiscal ,year #bjbd4 7#b7 ,extension ,the ,president may extend by #a year the termination date specified in paragraph 7#a7 if1 before termination1 the ,president certifies to ,congress that such extension is in the national security interests of the ,united ,states4 4 #cbb4 ,change to penalties and increased availability of mental health treatment for unlawful conduct on ,central ,intelligence ,agency installations ,section #ae7;b7 of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #ceae7;b77 is amended1 in the second sentence1 by striking those specified in section #acae7;c77#b7 of title #dj1 ,united ,states ,code and inserting the maximum penalty authorized for a ,class ,b misdemeanor under section #ceei of title #ah1 ,united ,states ,code4 #cbc4 ,modifications to procurement authorities of the ,central ,intelligence ,agency ,section #c of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #cejc7 is amended-- 7#a7 in subsection 7a71 by striking sections and all that follows through session7 and inserting sections #cbja1 #cbjc1 #cbjd1 #cbjf1 #cbjg1 #ccjb through #ccjf1 #ccba through #ccbc1 #chja through #chjh1 #cjfi1 #cacd1 #chda1 and #dgeb of title #aj1 ,united ,states ,code and 7#b7 in subsection 7d71 by striking in paragraphs and all that follows through #aidg and inserting in sections #cbja through #cbjd of title #aj1 ,united ,states ,code1 shall not be delegable4 ,each determination or decision required by sections #cbja through #cbjd1 #ccba through #ccbc1 and #chda of title #aj1 ,united ,states ,code4 #cbd4 ,establishment of ,central ,intelligence ,agency standard workplace sexual misconduct complaint investigation procedure 7a7 ,workplace sexual misconduct defined ,the term workplace sexual misconduct-- 7#a7 means unwelcome sexual advances1 requests for sexual favors1 and other verbal or physical conduct of a sexual nature when-- 7,a7 submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment2 7,b7 submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual2 or 7,c7 such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating1 hostile1 or offensive working environment2 and 7#b7 includes sexual harassment and sexual assault4 7b7 ,standard complaint investigation procedure ,not later than #ij days after the date of the enactment of this ,act1 the ,director of the ,central ,intelligence ,agency shall-- 7#a7 establish a standard workplace sexual misconduct complaint investigation procedure2 7#b7 implement the standard workplace sexual misconduct complaint investigation procedure through clear workforce communication and education on the procedure2 and 7#c7 submit the standard workplace sexual misconduct complaint investigation procedure to the congressional intelligence committees4 7c7 ,minimum requirements ,the procedure established pursuant to subsection 7b77#a7 shall1 at a minimum-- 7#a7 identify the individuals and offices of the ,central ,intelligence ,agency to which an employee of the ,agency may bring a complaint of workplace sexual misconduct2 7#b7 detail the steps each individual or office identified pursuant to paragraph 7#a7 shall take upon receipt of a complaint of workplace sexual misconduct and the timeframes within which those steps shall be taken1 including-- 7,a7 documentation of the complaint2 7,b7 referral or notification to another individual or office2 7,c7 measures to document or preserve witness statements or other evidence2 and 7,d7 preliminary investigation of the complaint2 7#c7 set forth standard criteria for determining whether a complaint of workplace sexual misconduct will be referred to law enforcement and the timeframe within which such a referral shall occur2 and 7#d7 for any complaint not referred to law enforcement1 set forth standard criteria for determining-- 7,a7 whether a complaint has been substantiated2 and 7,b7 for any substantiated complaint1 the appropriate disciplinary action4 7d7 ,annual reports ,on or before ,april #cj of each year1 the ,director shall submit to the congressional intelligence committees an annual report that includes1 for the preceding calendar year1 the following3 7#a7 ,the number of workplace sexual misconduct complaints brought to each individual or office of the ,central ,intelligence ,agency identified pursuant to subsection 7c77#a71 disaggregated by-- 7,a7 complaints referred to law enforcement2 and 7,b7 complaints substantiated4 7#b7 ,for each complaint described in paragraph 7#a7 that is substantiated1 a description of the disciplinary action taken by the ,director4 #cbe4 ,pay cap for diversity1 equity1 and inclusion staff and contract employees of the ,central ,intelligence ,agency 7a7 ,in general ,notwithstanding any other provision of law-- 7#a7 the annual rate of basic pay for a staff employee of the ,central ,intelligence ,agency with the duties described in subsection 7b7 shall not exceed the annual rate of basic pay for an officer of the ,directorate of ,operations in the ,clandestine ,service ,trainee program of the ,agency2 and 7#b7 the ,director of the ,central ,intelligence ,agency shall ensure that no contract employee performing duties described in subsection 7b7 under an ,agency contract receives an annual amount for performing such duties that exceeds the annual rate of basic pay described in paragraph 7#a74 7b7 ,duties described ,the duties described in this subsection are as follows3 7#a7 ,developing1 refining1 and implementing diversity1 equity1 and inclusion policy4 7#b7 ,leading working groups and councils to develop diversity1 equity1 and inclusion goals and objectives to measure performance and outcomes4 7#c7 ,creating and implementing diversity1 equity1 and inclusion education1 training courses1 and workshops for staff and contract employees4 7c7 ,applicability to current employees 7#a7 ,staff employees ,any staff employee of the ,central ,intelligence ,agency in a position with duties described in subsection 7b7 receiving an annual rate of basic pay as of the date of the enactment of this ,act that exceeds the rate allowed under subsection 7a7 shall be reassigned to another position not later than #ahj days after such date4 7#b7 ,contract employees ,any contract employee of the ,central ,intelligence ,agency performing duties described in subsection 7b7 receiving an annual amount under an ,agency contract for performing such duties as of the date of the enactment of this ,act that exceeds the rate allowed under subsection 7b7 shall be reassigned to another position not later than #ahj days after such date4 ,,iv ,matters concerning foreign countries ,a ,people's ,republic of ,china #dja4 ,intelligence community coordinator for accountability of atrocities of the ,people's ,republic of ,china 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the congressional intelligence committees2 7,b7 the ,committee on ,foreign ,relations and the ,subcommittee on ,defense of the ,committee on ,appropriations of the ,senate2 and 7,c7 the ,committee on ,foreign ,affairs and the ,subcommittee on ,defense of the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,atrocity ,the term atrocity-- 7,a7 means a crime against humanity1 genocide1 or a war crime2 and 7,b7 when used with respect to the ,people's ,republic of ,china1 means an atrocity that is committed by an individual who is-- 7i7 a member of ,people's ,liberation ,army1 or the security or other defense services1 including the ,ministry of ,state ,security1 the ,ministry of ,public ,security1 and the ,united ,front ,work ,department1 of the ,people's ,republic of ,china2 7ii7 an employee of any other element of the ,government of the ,people's ,republic of ,china1 including the regional governments of ,xinjiang1 ,tibet1 and ,hong ,kong2 7iii7 a member of the ,chinese ,communist ,party2 or 7iv7 an agent or contractor of an individual specified in subparagraph 7,a71 7,b71 or 7,c74 7#c7 ,commit ,the term commit1 with respect to an atrocity1 includes the planning1 committing1 aiding1 and abetting of such atrocity4 7#d7 ,foreign person ,the term foreign person means-- 7,a7 any person or entity that is not a ,united ,states person2 or 7,b7 any entity not organized under the laws of the ,united ,states or of any jurisdiction within the ,united ,states4 7#e7 ,united states person ,the term ,united ,states person has the meaning given that term in section #aje;,a7c7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjci74 7b7 ,intelligence community coordinator for accountability of atrocities of the ,people's ,republic of ,china 7#a7 ,designation ,not later than #ij days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall designate a senior official of the ,office of the ,director of ,national ,intelligence to serve as the intelligence community coordinator for accountability of atrocities of the ,people's ,republic of ,china 7in this section referred to as the ,coordinator74 7#b7 ,duties ,the ,coordinator shall lead the efforts of and coordinate and collaborate with the intelligence community with respect to the following3 7,a7 ,identifying and addressing any gaps in intelligence collection relating to atrocities of the ,people's ,republic of ,china1 including by recommending the modification of the priorities of the intelligence community with respect to intelligence collection and by utilizing informal processes and collaborative mechanisms with key elements of the intelligence community to increase collection on atrocities of the ,people's ,republic of ,china4 7,b7 ,prioritizing and expanding the intelligence analysis with respect to ongoing atrocities of the ,people's ,republic of ,china and disseminating within the ,united ,states ,government intelligence relating to the identification and activities of foreign persons suspected of being involved with or providing support to atrocities of the ,people's ,republic of ,china1 including genocide and forced labor practices in ,xinjiang1 in order to support the efforts of other ,federal agencies1 including the ,department of ,state1 the ,department of the ,treasury1 the ,office of ,foreign ,assets ,control1 the ,department of ,commerce1 the ,bureau of ,industry and ,security1 ,u4,s4 ,customs and ,border ,protection1 and the ,national ,security ,council1 to hold the ,people's ,republic of ,china accountable for such atrocities4 7,c7 ,increasing efforts to declassify and share with the people of the ,united ,states and the international community information regarding atrocities of the ,people's ,republic of ,china in order to expose such atrocities and counter the disinformation and misinformation campaign by the ,people's ,republic of ,china to deny such atrocities4 7,d7 ,documenting and storing intelligence and other unclassified information that may be relevant to preserve as evidence of atrocities of the ,people's ,republic of ,china for future accountability1 and ensuring that other relevant ,federal agencies1 including the ,atrocities ,early ,warning ,task ,force1 receive appropriate support from the intelligence community with respect to the collection1 analysis1 preservation1 and1 as appropriate1 dissemination1 of intelligence related to atrocities of the ,people's ,republic of ,china1 which may include the information from the annual report required by section #fejd of the ,intelligence ,authorization ,act for ,fiscal ,year #bjbc 7,public ,law #aag-bfc74 7,e7 ,sharing information with the ,forced ,labor ,enforcement ,task ,force1 established under section #gda of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #dfha71 the ,department of ,commerce1 and the ,department of the ,treasury for the purposes of entity listings and sanctions4 7#c7 ,plan required ,not later than #abj days after the date of the enactment of this ,act1 the ,director shall submit to the appropriate committees of ,congress-- 7,a7 the name of the official designated as the ,coordinator pursuant to paragraph 7#a72 and 7,b7 the strategy of the intelligence community for the collection and dissemination of intelligence relating to ongoing atrocities of the ,people's ,republic of ,china1 including a detailed description of how the ,coordinator shall support1 and assist in facilitating the implementation of1 such strategy4 7#d7 ,annual report to ,congress 7,a7 ,reports required ,not later than ,may #a1 #bjbd1 and annually thereafter until ,may #a1 #bjcd1 the ,director shall submit to the appropriate committees of ,congress a report detailing1 for the year covered by the report-- 7i7 the analytical findings1 changes in collection1 and other activities of the intelligence community with respect to ongoing atrocities of the ,people's ,republic of ,china2 7ii7 the recipients of information shared pursuant to this section for the purpose of-- 7,i7 providing support to ,federal agencies to hold the ,people's ,republic of ,china accountable for such atrocities2 and 7,,ii7 sharing information with the people of the ,united ,states to counter the disinformation and misinformation campaign by the ,people's ,republic of ,china to deny such atrocities2 and 7iii7 with respect to clause 7ii71 the date of any such sharing4 7,b7 ,form ,each report submitted under subparagraph 7,a7 may be submitted in classified form1 consistent with the protection of intelligence sources and methods4 7c7 ,sunset ,this section shall cease to have effect on the date that is #aj years after the date of the enactment of this ,act4 #djb4 ,interagency working group and report on the malign efforts of the ,people's ,republic of ,china in ,africa 7a7 ,establishment 7#a7 ,in general ,the ,director of ,national ,intelligence1 in consultation with such heads of elements of the intelligence community as the ,director considers appropriate1 shall establish an interagency working group within the intelligence community to analyze the tactics and capabilities of the ,people's ,republic of ,china in ,africa4 7#b7 ,establishment flexibility ,the working group established under paragraph 7#a7 may be-- 7,a7 independently established2 or 7,b7 to avoid redundancy1 incorporated into existing working groups or cross-intelligence efforts within the intelligence community4 7b7 ,report 7#a7 ,in general ,not later than #abj days after the date of the enactment of this ,act1 and twice annually thereafter1 the working group established under subsection 7a7 shall submit to the congressional intelligence committees a report on the specific tactics and capabilities of the ,people's ,republic of ,china in ,africa4 7#b7 ,elements ,each report required by paragraph 7#a7 shall include the following elements3 7,a7 ,an assessment of efforts by the ,government of the ,people's ,republic of ,china to exploit mining and reprocessing operations in ,africa4 7,b7 ,an assessment of efforts by the ,government of the ,people's ,republic of ,china to provide or fund technologies in ,africa1 including-- 7i7 telecommunications and energy technologies1 such as advanced reactors1 transportation1 and other commercial products2 and 7ii7 by requiring that the ,people's ,republic of ,china be the sole provider of such technologies4 7,c7 ,an assessment of efforts by the ,government of the ,people's ,republic of ,china to expand intelligence capabilities in ,africa4 7,d7 ,a description of actions taken by the intelligence community to counter such efforts4 7,e7 ,an assessment of additional resources needed by the intelligence community to better counter such efforts4 7#c7 ,form ,each report required by paragraph 7#a7 shall be submitted in unclassified form1 but may include a classified annex if necessary4 7c7 ,sunset ,the requirements of this section shall terminate on the date that is #e years after the date of the enactment of this ,act4 #djc4 ,amendment to requirement for annual assessment by intelligence community working group for monitoring the economic and technological capabilities of the ,people's ,republic of ,china ,section #fejc7;c77#c77;,d7 of the ,intelligence ,authorization ,act for ,fiscal ,year #bjbc 7division ,f of ,public ,law #aag-bfc7 is amended by striking the top #bjj and inserting all the known4 #djd4 ,assessments of reciprocity in the relationship between the ,united ,states and the ,people's ,republic of ,china 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,assistant ,secretary of ,state for ,intelligence and ,research1 in consultation with the ,director of ,national ,intelligence and such other heads of elements of the intelligence community as the ,assistant ,secretary considers relevant1 shall submit to the congressional intelligence committees the following3 7#a7 ,a comprehensive assessment that identifies critical areas in the security1 diplomatic1 economic1 financial1 technological1 scientific1 commercial1 academic1 and cultural spheres in which the ,united ,states does not enjoy a reciprocal relationship with the ,people's ,republic of ,china4 7#b7 ,a comprehensive assessment that describes how the lack of reciprocity between the ,people's ,republic of ,china and the ,united ,states in the areas identified in the assessment required by paragraph 7#a7 provides advantages to the ,people's ,republic of ,china4 7b7 ,form of assessments 7#a7 ,critical areas ,the assessment required by subsection 7a77#a7 shall be submitted in unclassified form4 7#b7 ,advantages ,the assessment required by subsection 7a77#b7 shall be submitted in classified form4 #dje4 ,annual briefing on intelligence community efforts to identify and mitigate ,chinese ,communist ,party political influence operations and information warfare against the ,united ,states 7a7 ,definitions ,in this section3 7#a7 ,chinese entities engaged in political influence operations and information warfare ,the term ,chinese entities engaged in political influence operations and information warfare means all of the elements of the ,government of the ,people's ,republic of ,china and the ,chinese ,communist ,party involved in information warfare operations1 such as-- 7,a7 the ,ministry of ,state ,security2 7,b7 the intelligence services of the ,people's ,republic of ,china2 7,c7 the ,united ,front ,work ,department and other united front organs2 7,d7 state-controlled media systems1 such as the ,china ,global ,television ,network 7,,cgtn72 and 7,e7 any entity involved in information warfare operations by demonstrably and intentionally disseminating false information and propaganda of the ,government of the ,people's ,republic of ,china or the ,chinese ,communist ,party4 7#b7 ,political influence operation ,the term political influence operation means a coordinated and often concealed application of disinformation1 press manipulation1 economic coercion1 targeted investments1 corruption1 or academic censorship1 which are often intended-- 7,a7 to coerce and corrupt ,united ,states interests1 values1 institutions1 or individuals2 and 7,b7 to foster attitudes1 behavior1 decisions1 or outcomes in the ,united ,states that support the interests of the ,government of the ,people's ,republic of ,china or the ,chinese ,communist ,party4 7b7 ,briefing required ,not later than #abj days after the date of the enactment of this ,act and annually thereafter until the date that is #e years after the date of the enactment of this ,act1 the ,director of the ,foreign ,malign ,influence ,center shall1 in collaboration with the heads of the elements of the intelligence community1 provide the congressional intelligence committees a classified briefing on the ways in which the relevant elements of the intelligence community are working internally and coordinating across the intelligence community to identify and mitigate the actions of ,chinese entities engaged in political influence operations and information warfare against the ,united ,states1 including against ,united ,states persons4 7c7 ,elements ,the classified briefing required by subsection 7b7 shall cover the following3 7#a7 ,the ,government of the ,people's ,republic of ,china and the ,chinese ,communist ,party tactics1 tools1 and entities that spread disinformation1 misinformation1 and malign information and conduct influence operations1 information campaigns1 or other propaganda efforts4 7#b7 ,the actions of the ,foreign ,malign ,influence ,center relating to early-warning1 information sharing1 and proactive risk mitigation systems1 based on the list of entities identified in subsection 7a77#a71 to detect1 expose1 deter1 and counter political influence operations of1 and information warfare waged by1 the ,government of the ,people's ,republic of ,china or the ,chinese ,communist ,party1 against the ,united ,states4 7#c7 ,the actions of the ,foreign ,malign ,influence ,center to conduct outreach to identify and counter tactics1 tools1 and entities described in paragraph 7#a7 by sharing information with allies and partners of the ,united ,states1 ,state and local governments1 the business community1 and civil society that exposes the political influence operations and information operations of the ,government of the ,people's ,republic of ,china or the ,chinese ,communist ,party carried out against individuals and entities in the ,united ,states4 #djf4 ,assessment of threat posed to ,united ,states ports by cranes manufactured by countries of concern 7a7 ,definition of country of concern ,in this section1 the term country of concern has the meaning given that term in section #a7m77#a7 of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bfea;a7m77#a774 7b7 ,assessment ,the ,director of ,national ,intelligence1 in coordination with such other heads of the elements of the intelligence community as the ,director considers appropriate and the ,secretary of ,defense1 shall conduct an assessment of the threat posed to ,united ,states ports by cranes manufactured by countries of concern and commercial entities of those countries1 including the ,shanghai ,zhenhua ,heavy ,industries ,co4 7,,zpmc74 7c7 ,report and briefing 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall submit a report and provide a briefing to ,congress on the findings of the assessment required by subsection 7b74 7#b7 ,elements ,the report and briefing required by paragraph 7#a7 shall outline the potential for the cranes described in subsection 7b7 to collect intelligence1 disrupt operations at ,united ,states ports1 and impact the national security of the ,united ,states4 7#c7 ,form of report ,the report required by paragraph 7#a7 shall be submitted in unclassified form1 but may include a classified annex4 ,b ,russian ,federation #daa4 ,assessment of lessons learned by intelligence community with respect to conflict in ,ukraine 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act and semiannually thereafter for #c years1 the ,director of ,national ,intelligence shall produce and submit to the congressional intelligence committees an assessment of the lessons learned by the intelligence community with respect to the ongoing war in ,ukraine1 particularly in regards to the quality and timeliness of the information and intelligence support provided by the ,united ,states to ,ukraine4 7b7 ,form ,the assessment submitted pursuant to subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex4 #dab4 ,national intelligence estimate on long-term confrontation with ,russia 7a7 ,national intelligence estimate required ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall produce and submit to the congressional intelligence committees a national intelligence estimate on the implications of the ongoing war in ,ukraine with respect to a long-term ,united ,states and ,north ,atlantic ,treaty ,organization confrontation with ,russia1 including the continued threat to the ,united ,states1 the ,north ,atlantic ,treaty ,organization1 and other allies of the ,united ,states from the conventional and strategic military forces1 the intelligence activities1 and the malign influence campaigns of ,russia4 7b7 ,elements ,the national intelligence estimate produced pursuant to subsection 7a7 shall include the following3 7#a7 ,an assessment of the efficacy of the sanctions regime in effect on the day before the date of the enactment of this ,act that is imposed upon ,russia as a result of its illegal and unjustified invasion of ,ukraine1 including-- 7,a7 the effect that such sanctions have had on the economy of ,russia1 the defense industrial base of ,russia1 and the ability of ,russia to maintain its war on ,ukraine2 and 7,b7 the expected effect such sanctions would have on a potential long-term confrontation between ,russia and the members of the ,north ,atlantic ,treaty ,organization and other allies of the ,united ,states4 7#b7 ,an updated assessment of the convergence of interests between ,russia and ,china1 an assessment of the assistance that ,china is providing to ,russia's economy and war effort1 and an assessment of other collaboration between the two countries4 7#c7 ,an assessment of potential friction points between ,china and ,russia4 7#d7 ,an assessment of assistance and potential assistance from other countries to ,russia1 including assistance from ,iran and ,north ,korea4 7#e7 ,an assessment of other significant countries that have not joined the sanctions regime against ,russia1 why they have not done so1 and what might induce them to change this policy4 7c7 ,form ,the national intelligence estimate submitted pursuant to subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex4 ,c ,other foreign countries #dba4 ,report on efforts to capture and detain ,united ,states citizens as hostages 7a7 ,in general ,not later than #abj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall submit to the congressional intelligence committees a report on efforts by the ,maduro regime in ,venezuela to detain ,united ,states citizens and lawful permanent residents4 7b7 ,elements ,the report required by subsection 7a7 shall include1 regarding the arrest1 capture1 detainment1 or imprisonment of ,united ,states citizens and lawful permanent residents1 the following3 7#a7 ,the names1 positions1 and institutional affiliation of ,venezuelan individuals1 or those acting on their behalf1 who have engaged in such activities4 7#b7 ,a description of any role played by transnational criminal organizations1 and an identification of such organizations4 7#c7 ,where relevant1 an assessment of whether and how ,united ,states citizens and lawful permanent residents have been lured to ,venezuela4 7#d7 ,an analysis of the motive for the arrest1 capture1 detainment1 or imprisonment of ,united ,states citizens and lawful permanent residents4 7#e7 ,the total number of ,united ,states citizens and lawful permanent residents detained or imprisoned in ,venezuela as of the date on which the report is submitted4 7c7 ,form ,the report required by subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex4 #dbb4 ,sense of ,congress on priority of fentanyl in ,national ,intelligence ,priorities ,framework ,it is the sense of ,congress that the trafficking of illicit fentanyl1 including precursor chemicals and manufacturing equipment associated with illicit fentanyl production and organizations that traffic or finance the trafficking of illicit fentanyl1 originating from the ,people's ,republic of ,china and ,mexico should be among the highest priorities in the ,national ,intelligence ,priorities ,framework of the ,office of the ,director of ,national ,intelligence4 ,v ,matters pertaining to ,united ,states economic and emerging technology competition with ,united ,states adversaries ,a ,general matters #eja4 ,office of ,global ,competition ,analysis 7a7 ,definitions ,in this section3 7#a7 ,executive agency ,the term ,executive agency has the meaning given such term in section #aje of title #e1 ,united ,states ,code4 7#b7 ,office ,the term ,office means the ,office of ,global ,competition ,analysis established under subsection 7b74 7b7 ,establishment 7#a7 ,in general ,the ,president shall establish an office for analysis of global competition4 7#b7 ,purposes ,the purposes of the ,office are as follows3 7,a7 ,to carry out a program of analysis relevant to ,united ,states leadership in science1 technology1 and innovation sectors critical to national security and economic prosperity relative to other countries1 particularly those countries that are strategic competitors of the ,united ,states4 7,b7 ,to support policy development and decision making across the ,federal ,government to ensure ,united ,states leadership in science1 technology1 and innovation sectors critical to national security and economic prosperity relative to other countries1 particularly those countries that are strategic competitors of the ,united ,states4 7#c7 ,designation ,the office established under paragraph 7#a7 shall be known as the ,office of ,global ,competition ,analysis4 7c7 ,activities ,in accordance with the priorities determined under subsection 7d71 the ,office shall-- 7#a7 subject to subsection 7f71 acquire1 access1 use1 and handle data or other information relating to the purposes of the ,office under subsection 7b72 7#b7 conduct long- and short-term analyses regarding-- 7,a7 ,united ,states policies that enable technological competitiveness relative to those of other countries1 particularly with respect to countries that are strategic competitors of the ,united ,states2 7,b7 ,united ,states science and technology ecosystem elements1 including regional and national research development and capacity1 technology innovation1 and science and engineering education and research workforce1 relative to those of other countries1 particularly with respect to countries that are strategic competitors of the ,united ,states2 7,c7 ,united ,states technology development1 commercialization1 and advanced manufacturing ecosystem elements1 including supply chain resiliency1 scale-up manufacturing testbeds1 access to venture capital and financing1 technical and entrepreneurial workforce1 and production1 relative to those of other countries1 particularly with respect to countries that are strategic competitors of the ,united ,states2 7,d7 ,united ,states competitiveness in technology and innovation sectors critical to national security and economic prosperity relative to other countries1 including the availability and scalability of ,united ,states technology in such sectors abroad1 particularly with respect to countries that are strategic competitors of the ,united ,states2 7,e7 trends and trajectories1 including rate of change in technologies1 related to technology and innovation sectors critical to national security and economic prosperity2 7,f7 threats to ,united ,states national security interests as a result of any foreign country's dependence on technologies of strategic competitors of the ,united ,states2 and 7,g7 threats to ,united ,states interests based on dependencies on foreign technologies critical to national security and economic prosperity2 7#c7 solicit input on technology and economic trends1 data1 and metrics from relevant private sector stakeholders1 including entities involved in financing technology development and commercialization1 and engage with academia to inform the analyses under paragraph 7#b72 and 7#d7 to the greatest extent practicable and as may be appropriate1 ensure that versions of the analyses under paragraph 7#b7 are unclassified and available to relevant ,federal agencies and offices4 7d7 ,determination of priorities ,on a periodic basis1 the ,director of the ,office of ,science and ,technology ,policy1 the ,assistant to the ,president for ,economic ,policy1 and the ,assistant to the ,president for ,national ,security ,affairs shall1 in coordination with such heads of ,executive agencies as the ,director of the ,office of ,science and ,technology ,policy and such ,assistants jointly consider appropriate1 jointly determine the priorities of the ,office with respect to subsection 7b77#b77;,a71 considering1 as may be appropriate1 the strategies and reports under subtitle ,b of title ,,vi of the ,research and ,development1 ,competition1 and ,innovation ,act 7,public ,law #aag-afg74 7e7 ,administration ,subject to the availability of appropriations1 to carry out the purposes set forth under subsection 7b77#b71 the ,office shall enter into an agreement with a federally funded research and development center1 a university-affiliated research center1 or a consortium of federally funded research and development centers and university-affiliated research centers4 7f7 ,acquisition1 access1 use1 and handling of data or information ,in carrying out the activities under subsection 7c71 the ,office-- 7#a7 shall acquire1 access1 use1 and handle data or information in a manner consistent with applicable provisions of law and policy1 including laws and policies providing for the protection of privacy and civil liberties1 and subject to any restrictions required by the source of the information2 7#b7 shall have access1 upon written request1 to all information1 data1 or reports of any ,executive agency that the ,office determines necessary to carry out the activities under subsection 7c71 provided that such access is-- 7,a7 conducted in a manner consistent with applicable provisions of law and policy of the originating agency1 including laws and policies providing for the protection of privacy and civil liberties2 and 7,b7 consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive intelligence sources and methods or other exceptionally sensitive matters2 and 7#c7 may obtain commercially available information that may not be publicly available4 7g7 ,detailee support ,consistent with applicable law1 including sections #acda1 #aeag1 and #aece of title #ca1 ,united ,states ,code1 and section #aab of title #c1 ,united ,states ,code1 the head of a department or agency within the executive branch of the ,federal ,government may detail personnel to the ,office in order to assist the ,office in carrying out any activity under subsection 7c71 consistent with the priorities determined under subsection 7d74 7h7 ,annual report ,not less frequently than once each year1 the ,office shall submit to ,congress a report on the activities of the ,office under this section1 including a description of the priorities under subsection 7d7 and any support1 disaggregated by ,executive agency1 provided to the ,office consistent with subsection 7g7 in order to advance those priorities4 7i7 ,plans ,before establishing the ,office under subsection 7b77#a71 the ,president shall submit to the appropriate committees of ,congress a report detailing plans for-- 7#a7 the administrative structure of the ,office1 including-- 7,a7 a detailed spending plan that includes administrative costs2 and 7,b7 a disaggregation of costs associated with carrying out subsection 7e72 7#b7 ensuring consistent and sufficient funding for the ,office2 and 7#c7 coordination between the ,office and relevant ,executive agencies and offices4 7j7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #bj1jjj1jjj for fiscal year #bjbd4 7k7 ,funding ,this section shall be carried out using amounts appropriated on or after the date of the enactment of this ,act4 #ejb4 ,assignment of detailees from intelligence community to ,department of ,commerce 7a7 ,authority ,in order to better facilitate the sharing of actionable intelligence on foreign adversary intent1 capabilities1 threats1 and operations that pose a threat to the interests or security of the ,united ,states1 particularly as they relate to the procurement1 development1 and use of dual-use and emerging technologies1 the ,director of ,national ,intelligence may assign or facilitate the assignment of members from across the intelligence community to serve as detailees to the ,bureau of ,industry and ,security of the ,department of ,commerce4 7b7 ,assignment ,detailees assigned pursuant to subsection 7a7 shall be drawn from such elements of the intelligence community as the ,director considers appropriate1 in consultation with the ,secretary of ,commerce4 7c7 ,expertise ,the ,director shall ensure that detailees assigned pursuant to subsection 7a7 have subject matter expertise on countries of concern1 including ,china1 ,iran1 ,north ,korea1 and ,russia1 as well as functional areas such as illicit procurement1 counterproliferation1 emerging and foundational technology1 economic and financial intelligence1 information and communications technology systems1 supply chain vulnerability1 and counterintelligence4 7d7 ,duty credit ,the detail of an employee of the intelligence community to the ,department of ,commerce under subsection 7a7 shall be without interruption or loss of civil service status or privilege4 #ejc4 ,threats posed by information and communications technology and services transactions and other activities 7a7 ,definitions ,in this section3 7#a7 ,covered transaction ,the term covered transaction means a transaction reviewed under authority established under ,executive ,order #achgc1 ,executive ,order #acihd1 ,executive ,order #adjcd1 or any successor order4 7#b7 ,emerging and foundational technologies ,the term emerging and foundational technologies means emerging and foundational technologies described in section #ageh7;a77#a7 of the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhag7;a77#a774 7#c7 ,executive ,order #achgc ,the term ,executive ,order #achgc means ,executive ,order #achgc 7#hd ,fed4 ,reg4 #bbfhi2 relating to securing information and communications technology and services supply chain74 7#d7 ,executive ,order #acihd ,the term ,executive ,order #acihd means ,executive ,order #acihd 7#hf ,fed4 ,reg4 #fhcg2 relating to taking additional steps to address the national emergency with respect to significant malicious cyber-enabled activities74 7#e7 ,executive ,order #adjcd ,the term ,executive ,order #adjcd means ,executive ,order #adjcd 7#hd ,fed4 ,reg4 #cadbc2 relating to protecting ,americans' sensitive data from foreign adversaries74 7#f7 ,significant transaction ,the term significant transaction means a covered transaction that-- 7,a7 involves emerging or foundational technologies2 7,b7 poses an undue or unacceptable risk to national security2 and 7,c7 involves-- 7i7 an individual who acts as an agent1 representative1 or employee1 or any individual who acts in any other capacity at the order1 request1 or under the direction or control1 of a foreign adversary or of an individual whose activities are directly or indirectly supervised1 directed1 controlled1 financed1 or subsidized in whole or in majority part by a foreign adversary2 7ii7 any individual1 wherever located1 who is a citizen or resident of a nation-state controlled by a foreign adversary2 7iii7 any corporation1 partnership1 association1 or other organization organized under the laws of a nation-state controlled by a foreign adversary2 or 7iv7 any corporation1 partnership1 association1 or other organization1 wherever organized or doing business1 that is owned or controlled by a foreign adversary4 7b7 ,threat assessment by ,director of ,national ,intelligence 7#a7 ,in general ,the ,director of ,national ,intelligence shall expeditiously carry out a threat assessment of each significant transaction4 7#b7 ,identification of gaps ,each assessment required by paragraph 7#a7 shall include the identification of any recognized gaps in the collection of intelligence relevant to the assessment4 7#c7 ,views of intelligence community ,the ,director of ,national ,intelligence shall seek and incorporate into each assessment required by paragraph 7#a7 the views of all affected or appropriate elements of the intelligence community with respect to the significant transaction or class of significant transactions4 7#d7 ,provision of assessment ,the ,director of ,national ,intelligence shall provide an assessment required by paragraph 7#a7 to such agency heads and committees of ,congress as the ,director considers appropriate1 as necessary1 to implement ,executive ,order #achgc1 ,executive ,order #acihd1 ,executive ,order #adjcd1 or any successor order4 7c7 ,interaction with intelligence community 7#a7 ,in general ,the ,director of ,national ,intelligence shall ensure that the intelligence community remains engaged in the collection1 analysis1 and dissemination to such agency heads as the ,director considers appropriate of any additional relevant information that may become available during the course of any investigation or review process conducted under authority established under ,executive ,order #achgc1 ,executive ,order #acihd1 ,executive ,order #adjcd1 or any successor order4 7#b7 ,elements ,the collection1 analysis1 and dissemination of information described in paragraph 7#a7 shall include routine assessments of the following3 7,a7 ,the intent1 capability1 and operations of foreign adversaries as related to a significant transaction or class of significant transactions4 7,b7 ,supply chains and procurement networks associated with the procurement of emerging and foundational technologies by foreign adversaries4 7,c7 ,emerging and foundational technologies pursued by foreign adversaries1 including information on prioritization1 spending1 and technology transfer measures4 7,d7 ,the intent1 capability1 and operations of the use by malicious cyber actors of infrastructure as a service 7,iaa,s7 against the ,united ,states4 7,e7 ,the impact on the intelligence community of a significant transaction or class of significant transactions4 7d7 ,information in civil actions 7#a7 ,protected information in civil actions ,if a civil action challenging an action or finding under ,executive ,order #achgc1 ,executive ,order #acihd1 ,executive ,order #adjcd1 or any successor order is brought1 and the court determines that protected information in the administrative record relating to the action or finding1 including classified or other information subject to privilege or protections under any provision of law1 is necessary to resolve the action1 that information shall be submitted ex parte and in camera to the court and the court shall maintain that information under seal4 ,this paragraph does not confer or imply any right to judicial review4 7#b7 ,nonapplicability of use of information provisions ,the use of information provisions of sections #ajf1 #cje1 #dje1 and #gjf of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjf1 #ahbe1 #ahde1 and #ahha;e7 shall not apply in a civil action described in paragraph 7#a74 7e7 ,rule of construction concerning right to access ,no provision of this section may be construed to create a right to obtain access to information in the possession of the ,federal ,government that was considered by the ,secretary of ,commerce under authority established under ,executive ,order #achgc1 ,executive ,order #acihd1 ,executive ,order #adjcd1 or any successor order1 including any classified information or sensitive but unclassified information4 7f7 ,administrative record ,the following information may be included in the administrative record relating to an action or finding described in subsection 7d77#a7 and shall be submitted only to the court ex parte and in camera3 7#a7 ,sensitive security information1 as defined in section #aebj4e of title #di1 ,code of ,federal ,regulations4 7#b7 ,privileged law enforcement information4 7#c7 ,information obtained or derived from any activity authorized under the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq471 except that1 with respect to such information1 subsections 7c71 7e71 7f71 7g71 and 7h7 of section #ajf 7#ej ,u4,s4,c4 #ahjf71 subsections 7d71 7f71 7g71 7h71 and 7i7 of section #cje 7#ej ,u4,s4,c4 #ahbe71 subsections 7c71 7e71 7f71 7g71 and 7h7 of section #dje 7#ej ,u4,s4,c4 #ahde71 and section #gjf 7#ej ,u4,s4,c4 #ahha;e7 of that ,act shall not apply4 7#d7 ,information subject to privilege or protection under any other provision of law1 including the ,currency and ,foreign ,transactions ,reporting ,act of #aigj 7#ca ,u4,s4,c4 #ecaa et seq474 7g7 ,treatment consistent with section ,any information that is part of the administrative record filed ex parte and in camera under subsection 7d77#a71 or cited by the court in any decision in a civil action described in such subsection1 shall be treated by the court consistent with the provisions of this section4 ,in no event shall such information be released to the petitioner or as part of the public record4 7h7 ,inapplicability of ,freedom of ,information ,act ,any information submitted to the ,federal ,government by a party to a covered transaction in accordance with this section1 as well as any information the ,federal ,government may create relating to review of the covered transaction1 is exempt from disclosure under section #eeb of title #e1 ,united ,states ,code 7commonly referred to as the ,freedom of ,information ,act74 #ejd4 ,revision of regulations defining sensitive national security property for ,committee on ,foreign ,investment in the ,united ,states reviews ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of the ,treasury shall revise section #hjb4baa of title #ca1 ,code of ,federal ,regulations1 to expand the definition of covered real estate1 such as by treating facilities and property of elements of the intelligence community and ,national ,laboratories 7as defined in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja77 comparably to military installations4 #eje4 ,support of intelligence community for export controls and other missions of the ,department of ,commerce 7a7 ,definitions ,in this section3 7#a7 ,emerging and foundational technologies ,the term emerging and foundational technologies includes technologies identified under section #ageh7;a77#a7 of the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhag7;a77#a774 7#b7 ,foreign adversary ,the term foreign adversary means any foreign government1 foreign regime1 or foreign nongovernment person determined by the ,director of ,national ,intelligence to have engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the ,united ,states or the security and safety of ,united ,states persons4 7b7 ,collection1 analysis1 and dissemination required 7#a7 ,in general ,the ,director of ,national ,intelligence-- 7,a7 is authorized to collect1 retain1 analyze1 and disseminate information or intelligence necessary to support the missions of the ,department of ,commerce1 including with respect to the administration of export controls pursuant to the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhja et seq472 and 7,b7 shall1 through regular consultation with the ,secretary of ,commerce1 ensure that the intelligence community is engaged in such collection1 retention1 analysis1 and dissemination4 7#b7 ,information to be collected1 analyzed1 and disseminated ,the information to be collected1 analyzed1 and disseminated under subsection 7a7 shall include information relating to the following3 7,a7 ,the intent1 capability1 and operations of foreign adversaries with respect to items under consideration to be controlled pursuant to the authority provided by part ,i of the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhaa et seq474 7,b7 ,attempts by foreign adversaries to circumvent controls on items imposed pursuant to that part4 7,c7 ,supply chains and procurement networks associated with procurement and development of emerging and foundational technologies by foreign adversaries4 7,d7 ,emerging and foundational technologies pursued by foreign adversaries1 including relevant information on prioritization1 spending1 and technology transfer measures with respect to such technologies4 7,e7 ,the scope and application of the export control systems of foreign countries1 including decisions with respect to individual export transactions4 7,f7 ,corporate and contractual relationships1 ownership1 and other equity interests1 including monetary capital contributions1 corporate investments1 and joint ventures1 resulting in end uses of items that threaten the national security and foreign policy interests of the ,united ,states1 as described in the policy set forth in section #ageb of the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhaa74 7,g7 ,the effect of export controls imposed pursuant to part ,i of that ,act 7#ej ,u4,s4,c4 #dhaa et seq471 including-- 7i7 the effect of actions taken and planned to be taken by the ,secretary of ,commerce under the authority provided by that part2 and 7ii7 the effectiveness of such actions in achieving the national security and foreign policy objectives of such actions4 7c7 ,provision of analysis to ,department of ,commerce ,upon the request of the ,secretary of ,commerce1 the ,director of ,national ,intelligence shall expeditiously-- 7#a7 carry out analysis of any matter relating to the national security of the ,united ,states that is relevant to a mission of the ,department of ,commerce2 and 7#b7 consistent with the protection of sources and methods1 make such analysis available to the ,secretary and such individuals as the ,secretary may designate to receive such analysis4 7d7 ,identification of single office to support missions of ,department of ,commerce ,the ,director of ,national ,intelligence shall identify a single office within the intelligence community to be responsible for supporting the missions of the ,department of ,commerce4 7e7 ,treatment of classified and sensitive information 7#a7 ,in general ,a civil action challenging an action or finding of the ,secretary of ,commerce made on the basis of any classified or sensitive information made available to officials of the ,department of ,commerce pursuant to this section may be brought only in the ,united ,states ,court of ,appeals for the ,district of ,columbia ,circuit4 7#b7 ,consideration and treatment in civil actions ,if a civil action described in paragraph 7#a7 is brought1 and the court determines that protected information in the administrative record1 including classified or other information subject to privilege or protections under any provision of law1 is necessary to resolve the civil action1 that information shall be submitted ex parte and in camera to the court and the court shall maintain that information under seal4 ,this paragraph does not confer or imply any right to judicial review4 7#c7 ,administrative record 7,a7 ,in general ,the following information may be included in the administrative record relating to an action or finding described in paragraph 7#a7 and shall be submitted only to the court ex parte and in camera3 7i7 ,sensitive security information1 as defined by section #aebj4e of title #di1 ,code of ,federal ,regulations4 7ii7 ,privileged law enforcement information4 7iii7 ,information obtained or derived from any activity authorized under the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja et seq474 7iv7 ,information subject to privilege or protection under any other provision of law4 7,b7 ,treatment consistent with section ,any information that is part of the administrative record filed ex parte and in camera under subparagraph 7,a71 or cited by the court in any decision in a civil action described in paragraph 7#a71 shall be treated by the court consistent with the provisions of this subsection4 ,in no event shall such information be released to the petitioner or as part of the public record4 7#d7 ,nonapplicability of use of information provisions ,the use of information provisions of sections #ajf1 #cje1 #dje1 and #gjf of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjf1 #ahbe1 #ahde1 and #ahha;e7 shall not apply in a civil action challenging an action or finding of the ,secretary of ,commerce made on the basis of information made available to officials of the ,department of ,commerce pursuant to this section4 7#e7 ,rule of construction concerning right to access ,no provision of this section shall be construed to create a right to obtain access to information in the possession of the ,federal ,government that was considered in an action or finding of the ,secretary of ,commerce1 including any classified information or sensitive but unclassified information4 7#f7 ,exemption from ,freedom of ,information ,act ,any information made available to officials of the ,department of ,commerce pursuant to this section is exempt from disclosure under section #eeb of title #e1 ,united ,states ,code 7commonly referred to as the ,freedom of ,information ,act74 #ejf4 ,review regarding information collection and analysis with respect to economic competition 7a7 ,review 7#a7 ,in general ,not later than #cj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall complete a review of the requirements and access to commercial information used by elements of the intelligence community for analysis of capital flows1 investment security1 beneficial ownership of entities1 and other transactions and functions related to identifying threats1 gaps1 and opportunities with respect to economic competition with foreign countries1 including the ,people's ,republic of ,china4 7#b7 ,elements ,the review required by paragraph 7#a7 shall include the following3 7,a7 ,the length and expiration of licenses for access to commercial information4 7,b7 ,the number of such licenses permitted for each element of the intelligence community4 7,c7 ,the number of such licenses permitted for ,federal departments and agencies that are not elements of the intelligence community1 including the ,department of ,commerce4 7b7 ,report2 briefing 7#a7 ,in general ,not later than #fj days after the date on which the review required by subsection 7a77#a7 is completed1 the ,director of ,national ,intelligence shall submit a report and provide a briefing to ,congress on the findings of the review4 7#b7 ,elements ,the report and briefing required by paragraph 7#a7 shall include the following3 7,a7 ,the findings of the review required by subsection 7a77#a74 7,b7 ,recommendations of the ,director on whether and how the standardization of access to commercial information1 the expansion of licenses for such access1 the lengthening of license terms beyond #a year1 and the issuance of ,government-wide 7as opposed to agency-by-agency7 licenses would advance the open-source collection and analytical requirements of the intelligence community with respect to economic competition with foreign countries1 including the ,people's ,republic of ,china4 7,c7 ,an assessment of cost savings or increases that may result from the standardization described in subparagraph 7,b74 7#c7 ,form ,the report and briefing required by paragraph 7#a7 may be classified4 ,b ,next-generation energy1 biotechnology1 and artificial intelligence #eaa4 ,expanded annual assessment of economic and technological capabilities of the ,people's ,republic of ,china ,section #fejc7;c77#c7 of the ,intelligence ,authorization ,act for ,fiscal ,year #bjbc 7,public ,law #aag-bfc7 is amended by adding at the end the following3 7,i7 ,a detailed assessment1 prepared in consultation with all elements of the working group-- 7i7 of the investments made by the ,people's ,republic of ,china in-- 7,i7 artificial intelligence2 7,,ii7 next-generation energy technologies1 especially small modular reactors and advanced batteries2 and 7,,iii7 biotechnology2 and 7ii7 that identifies-- 7,i7 competitive practices of the ,people's ,republic of ,china relating to the technologies described in clause 7i72 7,,ii7 opportunities to counter the practices described in subclause 7,i72 7,,iii7 countries the ,people's ,republic of ,china is targeting for exports of civil nuclear technology2 7,,iv7 countries best positioned to utilize civil nuclear technologies from the ,united ,states in order to facilitate the commercial export of those technologies2 7,v7 ,united ,states vulnerabilities in the supply chain of these technologies2 and 7,,vi7 opportunities to counter the export by the ,people's ,republic of ,china of civil nuclear technologies globally4 7,j7 ,an identification and assessment of any unmet resource or authority needs of the working group that affect the ability of the working group to carry out this section4 4 #eab4 ,procurement of public utility contracts ,subparagraph 7,b7 of section #eja7;b77#a7 of title #dj1 ,united ,states ,code1 is amended to read as follows3 7,b7 ,public utility contracts 7i7 ,in general ,a contract for public utility services may be made-- 7,i7 except as provided in subclause 7,,ii71 for a period of not more than #aj years2 or 7,,ii7 for an executive agency that is1 or has a component that is1 an element of the intelligence community 7as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc771 for a period of not more than #cj years1 if the executive agency determines the extended period is in the best interests of national security4 7ii7 ,payment ,the cost of a public utility services contract for any year may be paid from annual appropriations for that year4 4 #eac4 ,assessment of using civil nuclear energy for intelligence community capabilities 7a7 ,assessment required ,the ,director of ,national ,intelligence shall1 in consultation with the heads of such other elements of the intelligence community as the ,director considers appropriate1 conduct an assessment of capabilities identified by the ,intelligence ,community ,continuity ,program established pursuant to section ,e7#c7 of ,intelligence ,community ,directive #aah1 or any successor directive1 or such other facilities or capabilities as may be determined by the ,director to be critical to ,united ,states national security1 that have unique energy needs-- 7#a7 to ascertain the feasibility and advisability of using civil nuclear reactors to meet such needs2 and 7#b7 to identify such additional resources1 technologies1 infrastructure1 or authorities needed1 or other potential obstacles1 to commence use of a nuclear reactor to meet such needs4 7b7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 the ,director shall submit to the congressional intelligence committees a report1 which may be in classified form1 on the findings of the ,director with respect to the assessment conducted pursuant to subsection 7a74 #ead4 ,policies established by ,director of ,national ,intelligence for artificial intelligence capabilities 7a7 ,in general ,section #fgjb of the ,intelligence ,authorization ,act for ,fiscal ,year #bjbc 7#ej ,u4,s4,c4 #cccdm7 is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by striking subsection 7b7 and inserting subsection 7c72 7#b7 by redesignating subsection 7b7 as subsection 7c72 and 7#c7 by inserting after subsection 7a7 the following3 7b7 ,policies 7#a7 ,in general ,in carrying out subsection 7a77#a71 not later than #a year after the date of the enactment of the ,intelligence ,authorization ,act for ,fiscal ,year #bjbd1 the ,director of ,national ,intelligence1 in consultation with the heads of the elements of the intelligence community1 shall establish the policies described in paragraph 7#b74 7#b7 ,policies described ,the policies described in this paragraph are policies for the acquisition1 adoption1 development1 use1 coordination1 and maintenance of artificial intelligence capabilities that-- 7,a7 establish a lexicon relating to the use of machine learning and artificial intelligence developed or acquired by elements of the intelligence community2 7,b7 establish guidelines for evaluating the performance of models developed or acquired by elements of the intelligence community1 such as by-- 7i7 specifying conditions for the continuous monitoring of artificial intelligence capabilities for performance1 including the conditions for retraining or retiring models based on performance2 7ii7 documenting performance objectives1 including specifying how performance objectives shall be developed and contractually enforced for capabilities procured from third parties2 7iii7 specifying the manner in which models should be audited1 as necessary1 including the types of documentation that should be provided to any auditor2 and 7iv7 specifying conditions under which models used by elements of the intelligence community should be subject to testing and evaluation for vulnerabilities to techniques meant to undermine the availability1 integrity1 or privacy of an artificial intelligence capability2 7,c7 establish guidelines for tracking dependencies in adjacent systems1 capabilities1 or processes impacted by the retraining or sunsetting of any model described in subparagraph 7,b72 7,d7 establish documentation requirements for capabilities procured from third parties1 aligning such requirements1 as necessary1 with existing documentation requirements applicable to capabilities developed by elements of the intelligence community and1 to the greatest extent possible1 with industry standards2 7,e7 establish standards for the documentation of imputed1 augmented1 or synthetic data used to train any model developed1 procured1 or used by an element of the intelligence community2 and 7,f7 provide guidance on the acquisition and usage of models that have previously been trained by a third party for subsequent modification and usage by such an element4 7#c7 ,policy review and revision ,the ,director of ,national ,intelligence shall periodically review and revise each policy established under paragraph 7#a74 4 7b7 ,conforming amendment ,section #fgab7;b77#a7 of such ,act 7#ej ,u4,s4,c4 #cjbd note7 is amended by striking section #fgjb7;b7 and inserting section #fgjb7;c74 #eae4 ,strategy for submittal of notice by private persons to ,federal agencies regarding certain risks and threats relating to artificial intelligence 7a7 ,findings ,congress finds the following3 7#a7 ,artificial intelligence systems demonstrate increased capabilities in the generation of synthetic media and computer programming code1 and in areas such as object recognition1 natural language processing1 biological design1 and workflow orchestration4 7#b7 ,the growing capabilities of artificial intelligence systems in the areas described in paragraph 7#a71 as well as the greater accessibility of large-scale artificial intelligence models to individuals1 businesses1 and governments1 have dramatically increased the adoption of artificial intelligence products in the ,united ,states and globally4 7#c7 ,the advanced capabilities of the systems described in paragraph 7#a71 and their accessibility to a wide range of users1 have increased the likelihood and effect of misuse or malfunction of these systems1 such as to generate synthetic media for disinformation campaigns1 develop or refine malware for computer network exploitation activity1 design or develop dual-use biological entities such as toxic small molecules1 proteins1 or pathogenic organisms1 enhance surveillance capabilities in ways that undermine the privacy of citizens of the ,united ,states1 and increase the risk of exploitation or malfunction of information technology systems incorporating artificial intelligence systems in mission-critical fields such as health care1 critical infrastructure1 and transportation4 7b7 ,strategy required ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall establish a strategy by which vendors and commercial users of artificial intelligence systems1 as well as independent researchers and other third parties1 may effectively notify appropriate elements of the ,united ,states ,government of-- 7#a7 information security risks emanating from artificial intelligence systems1 such as the use of an artificial intelligence system to develop or refine malicious software2 7#b7 information security risks such as indications of compromise or other threat information indicating a compromise to the confidentiality1 integrity1 or availability of an artificial intelligence system1 or to the supply chain of an artificial intelligence system1 including training or test data1 frameworks1 computing environments1 or other components necessary for the training1 management1 or maintenance of an artificial intelligence system2 7#c7 biosecurity risks emanating from artificial intelligence systems1 such as the use of an artificial intelligence system to design1 develop1 or acquire dual-use biological entities such as putatively toxic small molecules1 proteins1 or pathogenic organisms2 7#d7 suspected foreign malign influence 7as defined by section #aai;,c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjei7;f777 activity that appears to be facilitated by an artificial intelligence system2 and 7#e7 any other unlawful activity facilitated by1 or directed at1 an artificial intelligence system4 7c7 ,elements ,the strategy established pursuant to subsection 7b7 shall include the following3 7#a7 ,an outline of a plan for ,federal agencies to engage in industry outreach and public education on the risks posed by1 and directed at1 artificial intelligence systems4 7#b7 ,use of research and development1 stakeholder outreach1 and risk management frameworks established pursuant to provisions of law in effect on the day before the date of the enactment of this ,act or ,federal agency guidelines4 ,,vi ,whistleblower matters #fja4 ,submittal to ,congress of complaints and information by whistleblowers in the intelligence community 7a7 ,amendments to chapter #d of title #e 7#a7 ,appointment of security officers ,section #daf of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7i7 ,appointment of security officers ,each ,inspector ,general under this section1 including the designees of the ,inspector ,general of the ,department of ,defense pursuant to subsection 7b77#c71 shall appoint within their offices security officers to provide1 on a permanent basis1 confidential1 security-related guidance and direction to an employee of their respective establishment1 an employee assigned or detailed to such establishment1 or an employee of a contractor of such establishment who intends to report to ,congress a complaint or information1 so that such employee can obtain direction on how to report to ,congress in accordance with appropriate security practices4 4 7#b7 ,procedures ,subsection 7e7 of such section is amended-- 7,a7 in paragraph 7#a71 by inserting or any other committee of jurisdiction of the ,senate or the ,house of ,representatives after either or both of the intelligence committees2 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,limitation 7,a7 ,in general ,except as provided in subparagraph 7,b71 the employee may contact an intelligence committee or another committee of jurisdiction directly as described in paragraph 7#a7 of this subsection or in subsection 7b77#d7 only if the employee-- 7i7 before making such a contact1 furnishes to the head of the establishment1 through the ,inspector ,general 7or designee71 a statement of the employee's complaint or information and notice of the employee's intent to contact an intelligence committee or another committee of jurisdiction of the ,senate or the ,house of ,representatives directly2 and 7ii7 7,i7 obtains and follows1 from the head of the establishment1 through the ,inspector ,general 7or designee71 procedural direction on how to contact an intelligence committee or another committee of jurisdiction of the ,senate or the ,house of ,representatives in accordance with appropriate security practices2 or 7,,ii7 obtains and follows such procedural direction from the applicable security officer appointed under subsection 7i74 7,b7 ,lack of procedural direction ,if an employee seeks procedural direction under subparagraph 7,a77ii7 and does not receive such procedural direction within #cj days1 or receives insufficient direction to report to ,congress a complaint or information1 the employee may contact an intelligence committee or any other committee of jurisdiction of the ,senate or the ,house of ,representatives directly without obtaining or following the procedural direction otherwise required under such subparagraph4 2 and 7,c7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7,d7 by inserting after paragraph 7#b7 the following3 7#c7 ,committee members and staff ,an employee of an element of the intelligence community who intends to report to ,congress a complaint or information may report such complaint or information to the ,chairman and ,vice ,chairman or ,ranking ,member1 as the case may be1 of an intelligence committee or another committee of jurisdiction of the ,senate or the ,house of ,representatives1 a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section1 or a member of the majority staff and a member of the minority staff of the committee4 4 7#c7 ,clarification of right to report directly to ,congress ,subsection 7b7 of such section is amended by adding at the end the following3 7#d7 ,clarification of right to report directly to ,congress ,subject to paragraphs 7#b7 and 7#c7 of subsection 7e71 an employee of an element of the intelligence community who intends to report to ,congress a complaint or information may report such complaint or information directly to ,congress1 regardless of whether the complaint or information is with respect to an urgent concern-- 7,a7 in lieu of reporting such complaint or information under paragraph 7#a72 or 7,b7 in addition to reporting such complaint or information under paragraph 7#a74 4 7b7 ,amendments to ,national ,security ,act of #aidg 7#a7 ,appointment of security officers ,section #ajc;,h7j7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjcc7;j77 is amended by adding at the end the following3 7#e7 ,the ,inspector ,general shall appoint within the ,office of the ,inspector ,general security officers as required by section #daf7;i7 of title #e1 ,united ,states ,code4 4 7#b7 ,procedures ,subparagraph 7,d7 of section #ajc;,h7k77#e7 of such ,act 7#ej ,u4,s4,c4 #cjcc7k77#e77 is amended-- 7,a7 in clause 7i71 by inserting or any other committee of jurisdiction of the ,senate or the ,house of ,representatives after either or both of the congressional intelligence committees2 7,b7 by amending clause 7ii7 to read as follows3 7ii7 7,i7 ,except as provided in subclause 7,,ii71 an employee may contact a congressional intelligence committee or another committee of jurisdiction directly as described in clause 7i7 only if the employee-- 7aa7 before making such a contact1 furnishes to the ,director1 through the ,inspector ,general1 a statement of the employee's complaint or information and notice of the employee's intent to contact a congressional intelligence committee or another committee of jurisdiction of the ,senate or the ,house of ,representatives directly2 and 7bb7 7,,aa7 obtains and follows1 from the ,director1 through the ,inspector ,general1 procedural direction on how to contact a congressional intelligence committee or another committee of jurisdiction of the ,senate or the ,house of ,representatives in accordance with appropriate security practices2 or 7,,bb7 obtains and follows such procedural direction from the applicable security officer appointed under section #daf7;i7 of title #e1 ,united ,states ,code4 7,,ii7 ,if an employee seeks procedural direction under subclause 7,i77bb7 and does not receive such procedural direction within #cj days1 or receives insufficient direction to report to ,congress a complaint or information1 the employee may contact a congressional intelligence committee or any other committee of jurisdiction of the ,senate or the ,house of ,representatives directly without obtaining or following the procedural direction otherwise required under such subclause4 2 7,c7 by redesignating clause 7iii7 as clause 7iv72 and 7,d7 by inserting after clause 7ii7 the following3 7iii7 ,an employee of an element of the intelligence community who intends to report to ,congress a complaint or information may report such complaint or information to the ,chairman and ,vice ,chairman or ,ranking ,member1 as the case may be1 of a congressional intelligence committee or another committee of jurisdiction of the ,senate or the ,house of ,representatives1 a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section1 or a member of the majority staff and a member of the minority staff of the committee4 4 7#c7 ,clarification of right to report directly to ,congress ,subparagraph 7,a7 of such section is amended-- 7,a7 by inserting 7i7 before ,an employee of2 and 7,b7 by adding at the end the following3 7ii7 ,subject to clauses 7ii7 and 7iii7 of subparagraph 7,d71 an employee of an element of the intelligence community who intends to report to ,congress a complaint or information may report such complaint or information directly to ,congress1 regardless of whether the complaint or information is with respect to an urgent concern-- 7,i7 in lieu of reporting such complaint or information under clause 7i72 or 7,,ii7 in addition to reporting such complaint or information under clause 7i74 4 7c7 ,amendments to the ,central ,intelligence ,agency ,act of #aidi 7#a7 ,appointment of security officers ,section #ag7;d77#e7 of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #ceag7;d77#e77 is amended by adding at the end the following3 7,i7 ,the ,inspector ,general shall appoint within the ,office of the ,inspector ,general security officers as required by section #daf7;i7 of title #e1 ,united ,states ,code4 4 7#b7 ,procedures ,subparagraph 7,d7 of such section is amended-- 7,a7 in clause 7i71 by inserting or any other committee of jurisdiction of the ,senate or the ,house of ,representatives after either or both of the intelligence committees2 7,b7 by amending clause 7ii7 to read as follows3 7ii7 7,i7 ,except as provided in subclause 7,,ii71 an employee may contact an intelligence committee or another committee of jurisdiction directly as described in clause 7i7 only if the employee-- 7aa7 before making such a contact1 furnishes to the ,director1 through the ,inspector ,general1 a statement of the employee's complaint or information and notice of the employee's intent to contact an intelligence committee or another committee of jurisdiction of the ,senate or the ,house of ,representatives directly2 and 7bb7 7,,aa7 obtains and follows1 from the ,director1 through the ,inspector ,general1 procedural direction on how to contact an intelligence committee or another committee of jurisdiction of the ,senate or the ,house of ,representatives in accordance with appropriate security practices2 or 7,,bb7 obtains and follows such procedural direction from the applicable security officer appointed under section #daf7;i7 of title #e1 ,united ,states ,code4 7,,ii7 ,if an employee seeks procedural direction under subclause 7,i77bb7 and does not receive such procedural direction within #cj days1 or receives insufficient direction to report to ,congress a complaint or information1 the employee may contact an intelligence committee or another committee of jurisdiction of the ,senate or the ,house of ,representatives directly without obtaining or following the procedural direction otherwise required under such subclause4 2 7,c7 by redesignating clause 7iii7 as clause 7iv72 and 7,d7 by inserting after clause 7ii7 the following3 7iii7 ,an employee of the ,agency who intends to report to ,congress a complaint or information may report such complaint or information to the ,chairman and ,vice ,chairman or ,ranking ,member1 as the case may be1 of an intelligence committee or another committee of jurisdiction of the ,senate or the ,house of ,representatives1 a nonpartisan member of the committee staff designated for purposes of receiving complaints or information under this section1 or a member of the majority staff and a member of the minority staff of the committee4 4 7#c7 ,clarification of right to report directly to congress ,subparagraph 7,a7 of such section is amended-- 7,a7 by inserting 7i7 before ,an employee of2 and 7,b7 by adding at the end the following3 7ii7 ,subject to clauses 7ii7 and 7iii7 of subparagraph 7,d71 an employee of the ,agency who intends to report to ,congress a complaint or information may report such complaint or information directly to ,congress1 regardless of whether the complaint or information is with respect to an urgent concern-- 7,i7 in lieu of reporting such complaint or information under clause 7i72 or 7,,ii7 in addition to reporting such complaint or information under clause 7i74 4 7d7 ,rule of construction ,nothing in this section or an amendment made by this section shall be construed to revoke or diminish any right of an individual provided by section #bcjc of title #e1 ,united ,states ,code4 #fjb4 ,prohibition against disclosure of whistleblower identity as reprisal against whistleblower disclosure by employees and contractors in intelligence community 7a7 ,in general ,section #aajd of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cbcd7 is amended-- 7#a7 in subsection 7a77#c7 of such section-- 7,a7 in subparagraph 7,i71 by striking 2 or and inserting a semicolon2 7,b7 by redesignating subparagraph 7,j7 as subparagraph 7,k72 and 7,c7 by inserting after subparagraph 7,i7 the following3 7,j7 a knowing and willful disclosure revealing the identity or other personally identifiable information of an employee or contractor employee so as to identify the employee or contractor employee as an employee or contractor employee who has made a lawful disclosure described in subsection 7b7 or 7c72 or 2 7#b7 by redesignating subsections 7f7 and 7g7 as subsections 7g7 and 7h71 respectively2 and 7#c7 by inserting after subsection 7e7 the following3 7f7 ,personnel actions involving disclosure of whistleblower identity ,a personnel action described in subsection 7a77#c77;,j7 shall not be considered to be in violation of subsection 7b7 or 7c7 under the following circumstances3 7#a7 ,the personnel action was taken with the express consent of the employee or contractor employee4 7#b7 ,an ,inspector ,general with oversight responsibility for a covered intelligence community element determines that-- 7,a7 the personnel action was unavoidable under section #ajc;,h7g77#c77;,a7 of this ,act 7#ej ,u4,s4,c4 #cjcc7;g77#c77;,a771 section #ag7;e77#c77;,a7 of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #ceag7;e77#c77;,a771 section #djg7;b7 of title #e1 ,united ,states ,code1 or section #dbj7;b77#b77;,b7 of such title2 7,b7 the personnel action was made to an official of the ,department of ,justice responsible for determining whether a prosecution should be undertaken2 or 7,c7 the personnel action was required by statute or an order from a court of competent jurisdiction4 4 7b7 ,applicability to detailees ,subsection 7a7 of section #aajd of such ,act 7#ej ,u4,s4,c4 #cbcd7 is amended by adding at the end the following3 7#e7 ,employee ,the term employee1 with respect to an agency or a covered intelligence community element1 includes an individual who has been detailed to such agency or covered intelligence community element4 4 7c7 ,private right of action for unlawful disclosure of whistleblower identity ,subsection 7g7 of such section1 as redesignated by subsection 7a77#b7 of this section1 is amended to read as follows3 7g7 ,enforcement 7#a7 ,in general ,except as otherwise provided in this subsection1 the ,president shall provide for the enforcement of this section4 7#b7 ,harmonization with other enforcement ,to the fullest extent possible1 the ,president shall provide for enforcement of this section in a manner that is consistent with the enforcement of section #bcjb7;b77#h7 of title #e1 ,united ,states ,code1 especially with respect to policies and procedures used to adjudicate alleged violations of such section4 7#c7 ,private right of action for disclosures of whistleblower identity in violation of prohibition against reprisals ,subject to paragraph 7#d71 in a case in which an employee of an agency takes a personnel action described in subsection 7a77#c77;,j7 against an employee of a covered intelligence community element as a reprisal in violation of subsection 7b7 or in a case in which an employee or contractor employee takes a personnel action described in subsection 7a77#c77;,j7 against another contractor employee as a reprisal in violation of subsection 7c71 the employee or contractor employee against whom the personnel action was taken may1 consistent with section #abba of title #e1 ,united ,states ,code1 bring a private action for all appropriate remedies1 including injunctive relief and compensatory and punitive damages1 in an amount not to exceed #bej1jjj1 against the agency of the employee or contracting agency of the contractor employee who took the personnel action1 in a ,federal district court of competent jurisdiction4 7#d7 ,requirements 7,a7 ,review by inspector general and by external review panel ,before the employee or contractor employee may bring a private action under paragraph 7#c71 the employee or contractor employee shall exhaust administrative remedies by-- 7i7 first1 obtaining a disposition of their claim by requesting review by the appropriate inspector general2 and 7ii7 second1 if the review under clause 7i7 does not substantiate reprisal1 by submitting to the ,inspector ,general of the ,intelligence ,community a request for a review of the claim by an external review panel under section #aajf4 7,b7 ,period to bring action ,the employee or contractor employee may bring a private right of action under paragraph 7#c7 during the #ahj-;day period beginning on the date on which the employee or contractor employee is notified of the final disposition of their claim under section #aajf4 4 #fjc4 ,establishing process parity for adverse security clearance and access determinations ,subparagraph 7,c7 of section #cjja7;j77#d7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda7;j77#d77 is amended to read as follows3 7,c7 ,contributing factor 7i7 ,in general ,subject to clause 7iii71 in determining whether the adverse security clearance or access determination violated paragraph 7#a71 the agency shall find that paragraph 7#a7 was violated if the individual has demonstrated that a disclosure described in paragraph 7#a7 was a contributing factor in the adverse security clearance or access determination taken against the individual4 7ii7 ,circumstantial evidence ,an individual under clause 7i7 may demonstrate that the disclosure was a contributing factor in the adverse security clearance or access determination taken against the individual through circumstantial evidence1 such as evidence that-- 7,i7 the official making the determination knew of the disclosure2 and 7,,ii7 the determination occurred within a period such that a reasonable person could conclude that the disclosure was a contributing factor in the determination4 7iii7 ,defense ,in determining whether the adverse security clearance or access determination violated paragraph 7#a71 the agency shall not find that paragraph 7#a7 was violated if1 after a finding that a disclosure was a contributing factor1 the agency demonstrates by clear and convincing evidence that it would have made the same security clearance or access determination in the absence of such disclosure4 4 #fjd4 ,elimination of cap on compensatory damages for retaliatory revocation of security clearances and access determinations ,section #cjja7;j77#d77;,b7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda7;j77#d77;,b77 is amended1 in the second sentence1 by striking not to exceed #cjj1jjj4 #fje4 ,modification and repeal of reporting requirements 7a7 ,modification of frequency of whistleblower notifications to ,inspector ,general of the ,intelligence ,community ,section #eccd7;a7 of the ,damon ,paul ,nelson and ,matthew ,young ,pollard ,intelligence ,authorization ,act for ,fiscal ,years #bjah1 #bjai1 and #bjbj 7,public ,law #aaf-ib2 #ej ,u4,s4,c4 #cjcc note7 is amended by striking in real time and inserting monthly4 7b7 ,repeal of requirement for ,inspectors ,general reviews of enhanced personnel security programs 7#a7 ,in general ,section #aajja of title #e1 ,united ,states ,code1 is amended-- 7,a7 by striking subsection 7d72 and 7,b7 by redesignating subsection 7e7 as subsection 7d74 7#b7 ,technical corrections ,subsection 7d7 of section #aajja of such title1 as redesignated by paragraph 7#a77;,b71 is amended-- 7,a7 in paragraph 7#c71 by adding and after the semicolon at the end2 and 7,b7 in paragraph 7#d71 by striking 2 and and inserting a period4 ,,vii ,classification reform ,a ,classification ,reform ,act of #bjbc #a ,short title2 definitions #gja4 ,short title ,this subtitle may be cited as the ,classification ,reform ,act of #bjbc4 #gjb4 ,definitions ,title ,,viii of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafa et seq47 is amended-- 7#a7 in the title heading by striking ,access to classified information procedures and inserting ,protection of national security information2 7#b7 in the matter before section #hja1 by inserting the following3 ,a ,definitions #hjj4 ,definitions ,in this title3 7#a7 ,agency ,the term agency means any ,executive agency as defined in section #aje of title #e1 ,united ,states ,code1 any military department as defined in section #ajb of such title1 and any other entity in the executive branch of the ,federal ,government that comes into the possession of classified information4 7#b7 ,authorized investigative agency ,the term authorized investigative agency means an agency authorized by law or regulation to conduct a counterintelligence investigation or investigations of persons who are proposed for access to classified information to ascertain whether such persons satisfy the criteria for obtaining and retaining access to such information4 7#c7 ,classify1 classified1 classification ,the terms classify1 classified1 and classification refer to the process by which information is determined to require protection from unauthorized disclosure pursuant to this title in order to protect the national security of the ,united ,states4 7#d7 ,classified information ,the term classified information means information that has been classified4 7#e7 ,computer ,the term computer means any electronic1 magnetic1 optical1 electrochemical1 or other high-speed data processing device performing logical1 arithmetic1 or storage functions1 and includes any data storage facility or communications facility directly related to or operating in conjunction with such device and any data or other information stored or contained in such device4 7#f7 ,consumer reporting agency ,the term consumer reporting agency has the meaning given such term in section #fjc of the ,consumer ,credit ,protection ,act 7#ae ,u4,s4,c4 #afha;a74 7#g7 ,declassify1 declassified1 declassification ,the terms declassify1 declassified1 and declassification refer to the process by which information that has been classified is determined to no longer require protection from unauthorized disclosure pursuant to this title4 7#h7 ,document ,the term document means any recorded information1 regardless of the nature of the medium or the method or circumstances of recording4 7#i7 ,employee ,the term employee includes any person who receives a salary or compensation of any kind from the ,united ,states ,government1 is a contractor of the ,united ,states ,government or an employee thereof1 is an unpaid consultant of the ,united ,states ,government1 or otherwise acts for or on behalf of the ,united ,states ,government1 except as otherwise determined by the ,president4 7#aj7 ,executive ,agent for ,classification and ,declassification ,the term ,executive ,agent for ,classification and ,declassification means the ,executive ,agent for ,classification and ,declassification established by section #haa7;a74 7#aa7 ,financial agency and holding company ,the terms financial agency and financial institution have the meanings given to such terms in section #ecab7;a7 of title #ca1 ,united ,states ,code1 and the term holding company has the meaning given to such term in section #aaja7f7 of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdja74 7#ab7 ,foreign power and agent of a foreign power ,the terms foreign power and agent of a foreign power have the meanings given such terms in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74 7#ac7 ,information ,the term information means any knowledge that can be communicated1 or documentary material1 regardless of its physical form or characteristics1 that is owned by1 is produced by or for1 or is under the control of the ,united ,states ,government4 7#ad7 ,information ,security ,oversight ,office ,the term ,information ,security ,oversight ,office means the ,information ,security ,oversight ,office established by section #had7;a74 7#ae7 ,original classification authority ,the term original classification authority means an individual authorized in writing1 either by the ,president1 the ,vice ,president1 or by agency heads or other officials designated by the ,president1 to classify information in the first instance4 7#af7 ,records ,the term records means the records of an agency and ,presidential papers or ,presidential records1 as those terms are defined in title #dd1 ,united ,states ,code1 including those created or maintained by a government contractor1 licensee1 certificate holder1 or grantee that are subject to the sponsoring agency's control under the terms of the contract1 license1 certificate1 or grant4 7#ag7 ,state ,the term ,state means each of the several ,states of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 the ,republic of the ,marshall ,islands1 the ,federated ,states of ,micronesia1 and the ,republic of ,palau1 and any other possession of the ,united ,states4 ,b ,access to classified information procedures 2 and 7#c7 by striking section #hje4 #b ,governance and accountability for reform of the security classification system #gaa4 ,executive ,agent for ,classification and ,declassification ,title ,,viii of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafa et seq471 as amended by section #gjb1 is further amended by adding at the end the following3 ,c ,security classification governance #haa4 ,executive ,agent for ,classification and ,declassification 7a7 ,establishment ,there is in the executive branch of the ,federal ,government an ,executive ,agent for ,classification and ,declassification who shall be responsible for promoting programs1 processes1 and systems relating to classification and declassification1 including developing technical solutions for automating declassification review and directing resources for such purposes in the ,federal ,government4 7b7 ,designation ,the ,director of ,national ,intelligence shall serve as the ,executive ,agent for ,classification and ,declassification4 7c7 ,duties ,the duties of the ,executive ,agent for ,classification and ,declassification are as follows3 7#a7 ,to promote classification and declassification programs1 processes1 and systems with the goal of ensuring that declassification activities keep pace with classification activities and that classified information is declassified at such time as it no longer meets the standard for classification4 7#b7 ,to promote classification and declassification programs1 processes1 and systems that ensure secure management of and tracking of classified records4 7#c7 ,to promote the establishment of a federated classification and declassification system to streamline1 modernize1 and oversee declassification across agencies4 7#d7 ,to direct resources to develop1 coordinate1 and implement a federated classification and declassification system that includes technologies that automate declassification review and promote consistency in declassification determinations across the executive branch of the ,federal ,government4 7#e7 ,to work with the ,director of the ,office of ,management and ,budget in developing a line item for classification and declassification in each budget of the ,president that is submitted for a fiscal year under section #aaje7;a7 of title #ca1 ,united ,states ,code4 7#f7 ,to identify and support the development of-- 7,a7 best practices for classification and declassification among agencies2 and 7,b7 goal-oriented classification and declassification pilot programs4 7#g7 ,to promote and implement technological and automated solutions relating to classification and declassification1 with human input as necessary for key policy decisions4 7#h7 ,to promote feasible1 sustainable1 and interoperable programs and processes to facilitate a federated classification and declassification system4 7#i7 ,to direct the implementation across agencies of the most effective programs and approaches relating to classification and declassification4 7#aj7 ,to establish1 oversee1 and enforce acquisition and contracting policies relating to classification and declassification programs4 7#aa7 ,in coordination with the ,information ,security ,oversight ,office-- 7,a7 to issue policies and directives to the heads of agencies relating to directing resources and making technological investments in classification and declassification that include support for a federated system2 7,b7 to ensure implementation of the policies and directives issued under subparagraph 7,a72 7,c7 to collect information on classification and declassification practices and policies across agencies1 including training1 accounting1 challenges to effective declassification1 and costs associated with classification and declassification2 7,d7 to develop policies for ensuring the accuracy of information obtained from ,federal agencies2 and 7,e7 to develop accurate and relevant metrics for judging the success of classification and declassification policies and directives4 7#ab7 ,to work with appropriate agencies to oversee the implementation of policies1 procedures1 and processes governing the submission of materials for pre-publication review by persons obligated to submit materials for such review by the terms of a nondisclosure agreement signed in accordance with ,executive ,order #abifh 7#ej ,u4,s4,c4 #cafa note2 relating to access to classified information71 or successor order1 and to ensure such policies1 procedures1 and processes-- 7,a7 include clear and consistent guidance on materials that must be submitted and the mechanisms for making such submissions2 7,b7 produce timely and consistent determinations across agencies2 and 7,c7 incorporate mechanisms for the timely appeal of such determinations4 7d7 ,consultation with ,executive ,committee on ,classification and ,declassification ,programs and ,technology ,in making decisions under this section1 the ,executive ,agent for ,classification and ,declassification shall consult with the ,executive ,committee on ,classification and ,declassification ,programs and ,technology established under section #ajb7;a74 7e7 ,coordination with the ,national ,declassification ,center ,in implementing a federated classification and declassification system1 the ,executive ,agent for ,classification and ,declassification shall act in coordination with the ,national ,declassification ,center established by section #c4g7;a7 of ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note2 relating to classified national security information71 or successor order4 7f7 ,standards and directives of the ,information ,security ,oversight ,office ,the programs1 policies1 and systems promoted by the ,executive ,agent for ,classification and ,declassification shall be consistent with the standards and directives established by the ,information ,security ,oversight ,office4 7g7 ,annual report 7#a7 ,in general ,not later than the end of the first full fiscal year beginning after the date of the enactment of the ,classification ,reform ,act of #bjbc and not less frequently than once each fiscal year thereafter1 the ,executive ,agent for ,classification and ,declassification shall submit to ,congress and make available to the public a report on the implementation of classification and declassification programs and processes in the most recently completed fiscal year4 7#b7 ,coordination ,each report submitted and made available under paragraph 7#a7 shall be coordinated with the annual report of the ,information ,security ,oversight ,office issued pursuant to section #had7;d74 7#c7 ,contents ,each report submitted and made available under subsection 7a7 shall include1 for the period covered by the report1 the following3 7,a7 ,the costs incurred by the ,federal ,government for classification and declassification4 7,b7 ,a description of information systems of the ,federal ,government and technology programs1 processes1 and systems of agencies related to classification and declassification4 7,c7 ,a description of the policies and directives issued by the ,executive ,agent for ,classification and ,declassification and other activities of the ,executive ,agent for ,classification and ,declassification4 7,d7 ,a description of the challenges posed to agencies in implementing the policies and directives of the ,executive ,agent for ,classification and ,declassification as well as relevant implementing policies of the agencies4 7,e7 ,a description of pilot programs and new investments in programs1 processes1 and systems relating to classification and declassification and metrics of effectiveness for such programs1 processes1 and systems4 7,f7 ,a description of progress and challenges in achieving the goal described in 7c77#a74 7h7 ,funding 7#a7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section amounts as follows3 7,a7 #e1jjj1jjj for fiscal year #bjbd4 7,b7 ,for fiscal year #bjbe and each fiscal year thereafter1 such sums as may be necessary to carry out this section4 7#b7 ,budget estimates ,in each budget that the ,president submits to ,congress for a fiscal year under section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,president shall include an estimate of the amounts required to carry out this section in that fiscal year4 4 #gab4 ,executive ,committee on ,classification and ,declassification ,programs and ,technology ,subtitle ,c of title ,,viii of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafa et seq471 as added by section #gaa1 is further amended by adding at the end the following3 #hab4 ,executive ,committee on ,classification and ,declassification ,programs and ,technology 7a7 ,establishment ,there is established a committee to provide direction1 advice1 and guidance to the ,executive ,agent for ,classification and ,declassification on matters relating to classification and declassification programs and technology4 7b7 ,designation ,the committee established by subsection 7a7 shall be known as the ,executive ,committee on ,classification and ,declassification ,programs and ,technology 7in this section referred to as the ,committee74 7c7 ,membership 7#a7 ,composition ,the ,committee shall be composed of the following3 7,a7 ,the ,director of ,national ,intelligence4 7,b7 ,the ,under ,secretary of ,defense for ,intelligence4 7,c7 ,the ,secretary of ,energy4 7,d7 ,the ,secretary of ,state4 7,e7 ,the ,director of the ,national ,declassification ,center4 7,f7 ,the ,director of the ,information ,security ,oversight ,board4 7,g7 ,the ,director of the ,office of ,management and ,budget4 7,h7 ,such other members as the ,executive ,agent for ,classification and ,declassification considers appropriate4 7#b7 ,chairperson ,the ,president shall appoint the chairperson of the ,committee4 4 #gac4 ,advisory bodies for ,executive ,agent for ,classification and ,declassification ,subtitle ,c of title ,,viii of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafa et seq471 as added by section #gaa and amended by section #gab1 is further amended by adding at the end the following3 #hac4 ,advisory bodies for ,executive ,agent for ,classification and ,declassification ,the following are hereby advisory bodies for the ,executive ,agent for ,classification and ,declassification3 7#a7 ,the ,public ,interest ,declassification ,board established by section #gjc7;a7 of the ,public ,interest ,declassification ,act of #bjjj 7,public ,law #ajf-efg74 7#b7 ,the ,office of the ,historian of the ,department of ,state4 7#c7 ,the ,historical ,office of the ,secretary of ,defense4 7#d7 ,the ,office of the ,chief ,historian of the ,central ,intelligence ,agency4 4 #gad4 ,information ,security ,oversight ,office ,subtitle ,c of title ,,viii of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafa et seq471 as added by section #gaa and amended by sections #gab and #gac1 is further amended by adding at the end the following3 #had4 ,information ,security ,oversight ,office 7a7 ,establishment 7#a7 ,in general ,there is hereby established in the executive branch of the ,federal ,government an office to ensure the ,government protects and provides proper access to information to advance the national and public interest by standardizing and assessing the management of classified and controlled unclassified information through oversight1 policy development1 guidance1 education1 and reporting4 7#b7 ,designation ,the office established by paragraph 7#a7 shall be known as the ,information ,security ,oversight ,office 7in this section referred to as the ,office74 7b7 ,director ,there is in the ,office a director who shall be the head of the ,office and who shall be appointed by the ,president4 7c7 ,duties ,the duties of the director of the ,office1 which the director shall carry out in coordination with the ,executive ,agent for ,classification and ,declassification1 are as follows3 7#a7 ,to develop directives to implement a uniform system across the ,united ,states ,government for classifying1 safeguarding1 declassifying1 and downgrading of national security information4 7#b7 ,to oversee implementation of such directives by agencies through establishment of strategic goals and objectives and periodic assessment of agency performance vis--vis such goals and objectives4 7d7 ,annual report ,each fiscal year1 the director of the ,office shall submit to ,congress a report on the execution of the duties of the director under subsection 7c74 7e7 ,funding 7#a7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section amounts as follows3 7,a7 #e1jjj1jjj for fiscal year #bjbd4 7,b7 ,for fiscal year #bjbe and each fiscal year thereafter1 such sums as may be necessary to carry out this section4 7#b7 ,budget estimates ,in each budget that the ,president submits to ,congress for a fiscal year under section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,president shall include an estimate of the amounts required to carry out this section in that fiscal year4 4 #c ,reducing overclassification #gba4 ,classification and declassification of information 7a7 ,in general ,title ,,viii of the ,national ,security ,act of #aidg1 as amended by chapter #b of this subtitle1 is further amended by adding at the end the following3 ,d ,classification and declassification #hba4 ,classification and declassification of information 7a7 ,in general ,the ,president may1 in accordance with this title1 protect from unauthorized disclosure any information owned by1 produced by or for1 or under the control of the executive branch when there is a demonstrable need to do so in order to protect the national security of the ,united ,states4 7b7 ,establishment of standards and procedures for classification and declassification 7#a7 ,governmentwide procedures 7,a7 ,classification ,the ,president shall1 to the extent necessary1 establish categories of information that may be classified and procedures for classifying information under subsection 7a74 7,b7 ,declassification ,at the same time the ,president establishes categories and procedures under subparagraph 7,a71 the ,president shall establish procedures for declassifying information that was previously classified4 7,c7 ,minimum requirements ,the procedures established pursuant to subparagraphs 7,a7 and 7,b7 shall-- 7i7 permit the classification of information only in cases in which the information meets the standard set forth in subsection 7c7 and require the declassification of information that does not meet such standard2 7ii7 provide for no more than two levels of classification2 7iii7 provide for the declassification of information classified under this title in accordance with subsection 7d72 7iv7 provide for the automatic declassification of classified records with permanent historical value in accordance with subsection 7e72 and 7v7 provide for the timely review of materials submitted for pre-publication review in accordance with subsection 7g74 7#b7 ,notice and comment 7,a7 ,notice ,the ,president shall publish in the ,federal ,register notice regarding the categories and procedures proposed to be established under paragraph 7#a74 7,b7 ,comment ,the ,president shall provide an opportunity for interested persons to submit comments on the categories and procedures covered by subparagraph 7,a74 7,c7 ,deadline ,the ,president shall complete the establishment of categories and procedures under this subsection not later than #fj days after publishing notice in the ,federal ,register under subparagraph 7,a74 ,upon completion of the establishment of such categories and procedures1 the ,president shall publish in the ,federal ,register notice regarding such categories and procedures4 7#c7 ,modification ,in the event the ,president determines to modify any categories or procedures established under paragraph 7#a71 subparagraphs 7,a7 and 7,b7 of paragraph 7#b7 shall apply to the modification of such categories or procedures4 7#d7 ,agency standards and procedures 7,a7 ,in general ,the head of each agency shall establish a single set of consolidated standards and procedures to permit such agency to classify and declassify information created by such agency in accordance with the categories and procedures established by the ,president under this section and otherwise to carry out this title4 7,b7 ,deadline ,each agency head shall establish the standards and procedures under subparagraph 7,a7 not later than #fj days after the date on which the ,president publishes notice under paragraph 7#b77;,c7 of the categories and standards established by the ,president under this subsection4 7,c7 ,submittal to ,congress ,each agency head shall submit to ,congress the standards and procedures established by such agency head under this paragraph4 7c7 ,standard for classification and declassification 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 information may be classified under this title1 and classified information under review for declassification under this title may remain classified1 only if the harm to national security that might reasonably be expected from disclosure of such information outweighs the public interest in disclosure of such information4 7#b7 ,default rules 7,a7 ,default with respect to classification ,in the event of significant doubt as to whether the harm to national security that might reasonably be expected from the disclosure of information would outweigh the public interest in the disclosure of such information1 such information shall not be classified4 7,b7 ,default with respect to declassification ,in the event of significant doubt as to whether the harm to national security that might reasonably be expected from the disclosure of information previously classified under this title would outweigh the public interest in the disclosure of such information1 such information shall be declassified4 7#c7 ,criteria ,for purposes of this subsection1 in determining the harm to national security that might reasonably be expected from disclosure of information1 and the public interest in the disclosure of information1 the official making the determination shall consider the following3 7,a7 ,with regard to the harm to national security that might reasonably be expected from disclosure of information1 whether or not disclosure of the information would-- 7i7 reveal the identity of a confidential human source1 or reveal information about the application of an intelligence source or method1 or reveal the identity of a human intelligence source when the unauthorized disclosure of that source would clearly and demonstrably damage the national security interests of the ,united ,states2 7ii7 reveal information that would assist in the development or use of weapons of mass destruction2 7iii7 reveal information that would impair ,united ,states cryptologic systems or activities2 7iv7 reveal information that would impair the application of state-of-the-art technology within a ,united ,states weapons system2 7v7 reveal actual ,united ,states military war plans that remain in effect2 7vi7 reveal information that would seriously and demonstrably impair relations between the ,united ,states and a foreign government1 or seriously and demonstrably undermine ongoing diplomatic activities of the ,united ,states2 7vii7 reveal information that would clearly and demonstrably impair the current ability of ,united ,states ,government officials to protect the ,president1 ,vice ,president1 and other officials for whom protection services1 in the interest of national security1 are authorized2 7viii7 reveal information that would seriously and demonstrably impair current national security emergency preparedness plans2 or 7ix7 violate a statute1 treaty1 or international agreement4 7,b7 ,with regard to the public interest in disclosure of information-- 7i7 whether or not disclosure of the information would better enable ,united ,states citizens to hold ,government officials accountable for their actions and policies2 7ii7 whether or not disclosure of the information would assist the ,united ,states criminal justice system in holding persons responsible for criminal acts or acts contrary to the ,constitution2 7iii7 whether or not disclosure of the information would assist ,congress1 or any committee or subcommittee thereof1 in carrying out its oversight responsibilities with regard to the executive branch or in adequately informing itself of executive branch policies and activities in order to carry out its legislative responsibilities2 7iv7 whether the disclosure of the information would assist ,congress or the public in understanding the interpretation of the ,federal ,government of a provision of law1 including ,federal regulations1 ,presidential directives1 statutes1 case law1 and the ,constitution of the ,united ,states2 or 7v7 whether or not disclosure of the information would bring about any other significant benefit1 including an increase in public awareness or understanding of ,government activities or an enhancement of ,government efficiency4 7#d7 ,written justification for classification 7,a7 ,original classification ,each agency official who makes a decision to classify information not previously classified shall1 at the time of the classification decision-- 7i7 identify himself or herself2 and 7ii7 provide in writing a detailed justification of that decision4 7,b7 ,derivative classification ,in any case in which an agency official or contractor employee classifies a document on the basis of information previously classified that is included or referenced in the document1 the official or employee1 as the case may be1 shall-- 7i7 identify himself or herself in that document2 and 7ii7 use a concise notation1 or similar means1 to document the basis for that decision4 7#e7 ,classification prohibitions and limitations 7,a7 ,in general ,in no case shall information be classified1 continue to be maintained as classified1 or fail to be declassified in order-- 7i7 to conceal violations of law1 inefficiency1 or administrative error2 7ii7 to prevent embarrassment to a person1 organization1 or agency2 7iii7 to restrain competition2 or 7iv7 to prevent or delay the release of information that does not require protection in the interest of national security4 7,b7 ,basic scientific research ,basic scientific research information not clearly related to national security shall not be classified4 7,c7 ,reclassification ,information may not be reclassified after being declassified and release to the public under proper authority unless personally approved by the ,president based on a determination that such reclassification is required to prevent significant and demonstrable damage to national security2 7d7 ,declassification of information classified under ,act 7#a7 ,in general ,no information may remain classified indefinitely4 7#b7 ,maximum period of classification ,except as provided in paragraphs 7#c71 7#d71 and 7#e71 information may not remain classified under this title after the date that is #be years after the date of the original classification of the information4 7#c7 ,earlier declassification ,when classifying information under this title1 an agency official may provide for the declassification of the information as of a date or event that is earlier than the date otherwise provided for under paragraph 7#b74 7#d7 ,later declassification ,when classifying information under this title1 an agency official may provide for the declassification of the information on the date that is #ej years after the date of the classification if the head of the agency-- 7,a7 determines that there is no likely set of circumstances under which declassification would occur within the time otherwise provided for under paragraph 7#b72 7,b7 7i7 obtains the concurrence of the director of the ,information ,security ,oversight ,office in the determination2 or 7ii7 seeks but is unable to obtain concurrence under clause 7i71 obtains the concurrence of the ,president2 and 7,c7 submits to the ,president a certification of the determination4 7#e7 ,postponement of declassification 7,a7 ,in general ,the declassification of any information or category of information that would otherwise be declassified under paragraph 7#b7 or 7#d7 may be postponed1 but only with the personal approval of the ,president based on a determination that such postponement is required to prevent significant and demonstrable damage to the national security of the ,united ,states4 7,b7 ,general duration of postponement ,information the declassification of which is postponed under this paragraph may remain classified not longer than #aj years after the date of the postponement1 unless such classification is renewed by the ,president4 7,c7 ,congressional notification ,within #cj days of any postponement or renewal of a postponement under this paragraph1 the ,president shall provide written notification to ,congress of such postponement or renewal that describes the significant and demonstrable damage to the national security of the ,united ,states that justifies such postponement or renewal4 7#f7 ,basis for determinations ,an agency official making a determination under this subsection with respect to the duration of classification of information1 or the declassification of information1 shall make the determination required under subsection 7c7 with respect to classification or declassification in accordance with an assessment of the criteria specified in paragraph 7#c7 of such subsection 7c7 that is current as of the determination4 7e7 ,automatic declassification of classified records 7#a7 ,in general ,except as provided in paragraph 7#b71 all classified records that are more than #ej years old and have been determined to have permanent historical value under title #dd1 ,united ,states ,code1 shall be automatically declassified on ,december #ca of the year that is #ej years after the date on which the records were created1 whether or not the records have been reviewed4 7#b7 ,postponement 7,a7 ,agency ,postponement ,the head of an agency may postpone automatic declassification under paragraph 7#a7 of specific records or information1 or renew a period of postponed automatic declassification1 if the agency head determines that disclosure of the records or information would clearly and demonstrably be expected-- 7i7 to reveal the identity of a confidential human source or a human intelligence source2 or 7ii7 to reveal information that would assist in the development1 production1 or use of weapons of mass destruction4 7,b7 ,presidential ,postponement ,the ,president may postpone automatic declassification under paragraph 7#a7 of specific records or information if the ,president determines that such postponement is required to prevent significant and demonstrable damage to the national security of the ,united ,states4 7,c7 ,general duration of postponement ,a period of postponement of automatic declassification under this paragraph shall not exceed #aj years after the date of the postponement1 unless renewed by the agency head who postponed the automatic declassification or the ,president4 7,d7 ,congressional notification ,within #cj days of any postponement or renewal of a postponement under this paragraph1 the ,president or the head of the agency responsible for the postponement shall provide written notification to ,congress of such postponement or renewal that describes the justification for such postponement or renewal4 7f7 ,declassification of current classified information 7#a7 ,procedures ,the ,president shall establish procedures for declassifying information that was classified before the date of the enactment of the ,classification ,reform ,act of #bjbc4 ,such procedures shall1 to the maximum extent practicable1 be consistent with the provisions of this section4 7#b7 ,automatic declassification ,the procedures established under paragraph 7#a7 shall include procedures for the automatic declassification of information referred to in paragraph 7#a7 that has remained classified for more than #be years as of such date4 7#c7 ,notice and comment 7,a7 ,notice ,the ,president shall publish notice in the ,federal ,register of the procedures proposed to be established under this subsection4 7,b7 ,comment ,the ,president shall provide an opportunity for interested persons to submit comments on the procedures covered by subparagraph 7,a74 7,c7 ,deadline ,the ,president shall complete the establishment of procedures under this subsection not later than #fj days after publishing notice in the ,federal ,register under subparagraph 7,a74 ,upon completion of the establishment of such procedures1 the ,president shall publish in the ,federal ,register notice regarding such procedures4 7g7 ,pre-publication review 7#a7 ,in general ,the head of each agency that requires personnel to sign a nondisclosure agreement in accordance with ,executive ,order #abifh 7#ej ,u4,s4,c4 #cafa note2 relating to access to classified information71 or successor order1 providing for the submittal of materials for pre-publication review1 shall establish a process for the timely review of such materials consistent with the requirements of this title4 7#b7 ,requirements ,each process established under paragraph 7#a7 shall include the following3 7,a7 ,clear guidance on materials required to be submitted and the means of submission4 7,b7 ,mechanisms for ensuring consistent decision making across multiple agencies4 7,c7 ,mechanisms for appeal of decisions made in the course of the review process4 7#c7 ,centralized appeal ,the ,president shall establish a mechanism for centralized appeal of agency decisions made pursuant to this subsection4 4 7b7 ,conforming amendment to ,,foia ,section #eeb7;b77#a7 of title #e1 ,united ,states ,code1 is amended to read as follows3 7#a7 7,a7 specifically authorized to be classified under the title ,,viii of the ,national ,security ,act of #aidg1 or specifically authorized under criteria established by an ,executive order to be kept secret in the interest of national security2 and 7,b7 are in fact properly classified pursuant to that title or ,executive order2 4 7c7 ,effective date 7#a7 ,in general ,section #hba of the ,national ,security ,act of #aidg1 as added by subsection 7a71 and the amendment made by subsection 7b71 shall take effect on the date that is #ahj days after the date of the enactment of this ,act4 7#b7 ,relation to ,presidential directives ,presidential directives regarding classifying1 safeguarding1 and declassifying national security information1 including ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note2 relating to classified national security information71 or successor order1 in effect on the day before the date of the enactment of this ,act1 as well as procedures issued pursuant to such ,presidential directives1 shall remain in effect until superseded by procedures issues pursuant to section #hba of the ,national ,security ,act of #aidg1 as added by subsection 7a74 #gbb4 ,declassification working capital funds ,subtitle ,d of title ,,viii of the ,national ,security ,act of #aidg1 as added by section #gba1 is amended by adding at the end the following3 #hbb4 ,declassification working capital funds 7a7 ,definition of covered agency ,in this section1 the term covered agency means an agency that has original classification authority4 7b7 ,programs required ,not later than #ij days after the date of the enactment of the ,classification ,reform ,act of #bjbc1 each head of a covered agency shall establish a program for the automatic declassification of classified records that have permanent historical value4 7c7 ,estimates ,each head of a covered agency shall ensure that the program established by the head pursuant to subsection 7b7 includes a mechanism for estimating the number of classified records generated by each subcomponent of the covered agency each fiscal year4 7d7 ,declassification working capital funds 7#a7 ,establishment ,for each covered agency1 there is established in the ,treasury of the ,united ,states a fund to be known as the ,declassification ,working ,capital ,fund of the respective covered agency4 7#b7 ,contents of funds ,each fund established under paragraph 7#a7 shall consist of the following3 7,a7 ,amounts transferred to the fund under subsection 7e74 7,b7 ,amounts appropriated to the fund4 7#c7 ,availability and use of funds ,subject to the concurrence of the ,executive ,agent for ,classification and ,declassification1 amounts in a fund of a covered agency established by paragraph 7#a7 shall be available1 without fiscal year limitation1 to promote and implement technological and automated solutions that are interoperable across covered agencies to support the programs of covered agencies established pursuant to subsection 7b74 7e7 ,transfers to the funds ,each head of a covered agency shall issue regulations for the covered agency1 subject to review and approval by the ,executive ,agent for ,classification and ,declassification1 that require each subcomponent of the covered agency to transfer1 on a periodic basis1 to the fund established for the covered agency under subsection 7c77#a71 an amount for a period that bears the same ratio to the total amount transferred to the fund by all subcomponents of the covered agency for that period as the ratio of-- 7#a7 the estimate for the subcomponent pursuant to the mechanism required by subsection 7c7 for that period2 bears to 7#b7 the aggregate of all of the estimates for all subcomponents of the ,executive agency under such mechanism for the same period4 4 #gbc4 ,transparency officers ,section #ajfb7;a7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee-#a7;a77 is amended-- 7#a7 in paragraph 7#c71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#d77;,c71 by striking the period at the end and inserting 2 and2 7#c7 by adding at the end the following3 7#e7 assist the head of such department1 agency1 or element and other officials of such department1 agency1 or element in identifying records of significant public interest and prioritizing appropriate review of such records in order to facilitate the public disclosure of such records in redacted or unredacted form4 2 7#d7 in paragraph 7#d71 by redesignating subparagraphs 7,a7 through 7,c7 as clauses 7i7 through 7iii71 respectively1 and indenting such clauses #b ems to the right2 7#e7 by redesignating paragraphs 7#a7 through 7#e7 as subparagraphs 7,a7 through 7,e71 respectively1 and indenting such subparagraphs #b ems to the right2 7#f7 in the matter before subparagraph 7,a71 as redesignated by paragraph 7#e71 by striking ,the ,attorney ,general and inserting the following3 7#a7 ,in general ,the ,attorney ,general 2 and 7#g7 by adding at the end the following3 7#b7 ,determining public interest in disclosure ,in assisting the head of a department1 agency1 or element and other officials of such department1 agency1 or element in identifying records of significant public interest under subparagraph 7,e7 of paragraph 7#a71 a senior officer designated under such paragraph shall consider-- 7,a7 whether or not disclosure of the information would better enable ,united ,states citizens to hold ,federal ,government officials accountable for their actions and policies2 7,b7 whether or not disclosure of the information would assist the ,united ,states criminal justice system in holding persons responsible for criminal acts or acts contrary to the ,constitution2 7,c7 whether or not disclosure of the information would assist ,congress1 or any committee or subcommittee thereof1 in carrying out its oversight responsibilities with regard to the executive branch or in adequately informing itself of executive branch policies and activities in order to carry out its legislative responsibilities2 7,d7 whether the disclosure of the information would assist ,congress or the public in understanding the interpretation of the ,federal ,government of a provision of law1 including ,federal regulations1 ,presidential directives1 statutes1 case law1 and the ,constitution of the ,united ,states2 or 7,e7 whether or not disclosure of the information would bring about any other significant benefit1 including an increase in public awareness or understanding of ,government activities or an enhancement of ,federal ,government efficiency4 4 #d ,preventing mishandling of classified information #gca4 ,security review of certain records of the ,president and ,vice ,president ,title ,,viii of the ,national ,security ,act of #aidg1 as amended by chapters #b and #c of this subtitle1 is further amended by adding at the end the following3 ,e ,protection of classified information #hca4 ,security review of certain records of the ,president and ,vice ,president 7a7 ,definitions ,in this section3 7#a7 ,archivist1 documentary material1 ,presidential records1 personal records ,the terms ,archivist1 documentary material1 ,presidential records1 and personal records have the meanings given such terms in section #bbja of title #dd1 ,united ,states ,code4 7#b7 ,commingled or uncategorized records 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term commingled or uncategorized records means all documentary materials not categorized as ,presidential records or personal records upon their creation or receipt and filed separately pursuant to section #bbjc7;d7 of title #dd1 ,united ,states ,code4 7,b7 ,exception ,the term commingled or uncategorized records does not include documentary materials that are-- 7i7 official records of an agency 7as defined in section #eeb7;f7 of title #e1 ,united ,states ,code72 7ii7 stocks of publications and stationery2 or 7iii7 extra copies of documents produced only for convenience of reference1 when such copies are clearly so identified4 7#c7 ,official records of an agency ,the term official records of an agency means official records of an agency within the meaning of such terms in section #eeb of title #e1 ,united ,states4 7b7 ,presumption as ,presidential records ,commingled or uncategorized records shall be presumed to be ,presidential records1 unless the ,president or ,vice ,president-- 7#a7 categorizes the commingled or uncategorized records as personal records in accordance with subsection 7c72 or 7#b7 determines the commingled or uncategorized records are-- 7,a7 official records of an agency2 7,b7 stocks of publications and stationery2 or 7,c7 extra copies of documents produced only for convenience of reference1 when such copies are clearly so identified4 7c7 ,categorizing commingled or uncategorized records as personal records ,at any time during the ,president or ,vice ,president's term of office1 the ,president or ,vice ,president may categorize commingled or uncategorized records as personal records if-- 7#a7 the ,archivist performs a security review of the commingled or uncategorized records that is reasonably designed to identify records that contain standard markings indicating that records contain classified information2 7#b7 the ,president obtains written confirmation from the ,archivist that the review conducted pursuant to paragraph 7#a7 did not identify any records that contain standard markings indicating that records contain classified information or1 if such markings were improperly applied1 that such markings have been corrected2 and 7#c7 the ,president obtains written confirmation from the ,archivist that the ,archivist is not aware of any other requirement that would preclude categorizing the commingled or uncategorized records as personal records4 7d7 ,review of commingled or uncategorized records of former ,presidents and ,vice ,presidents 7#a7 ,requests for review ,during the #ahj-;day period following the end of the term of office of a former ,president or ,vice ,president-- 7,a7 the former ,president or ,vice ,president may request that the ,archivist review the categorization of any commingled or uncategorized records created or received during the term of the former ,president or ,vice ,president2 and 7,b7 the ,archivist shall perform a security review of the commingled or uncategorized records pursuant to the request4 7#b7 ,actions upon completion of review ,if1 pursuant to a review under paragraph 7#a71 the ,archivist determines that any commingled or uncategorized records reviewed are improperly categorized1 the ,archivist shall-- 7,a7 submit to the ,president a recommendation to correct the categorization of the records2 and 7,b7 notify the former ,president or ,vice ,president of that recommendation4 4 #gcb4 ,mandatory counterintelligence risk assessments 7a7 ,in general ,subtitle ,e of title ,,viii of the ,national ,security ,act of #aidg1 as added by section #gca1 is amended by adding at the end the following3 #hcb4 ,mandatory counterintelligence risk assessments 7a7 ,mishandling or unauthorized disclosure of classified information defined ,in this section1 the term mishandling or unauthorized disclosure of classified information means any unauthorized storage1 retention1 communication1 confirmation1 acknowledgment1 or physical transfer of classified information4 7b7 ,assessments ,the ,director of the ,national ,counterintelligence and ,security ,center shall prepare a written assessment of the risk to national security from any mishandling or unauthorized disclosure of classified information involving the conduct of the ,president1 ,vice ,president1 or an official listed in ,level ,i of the ,executive ,schedule under section #ecab of title #e1 ,united ,states ,code1 within #ij days of the detection of such mishandling or unauthorized disclosure4 7c7 ,description of risks ,a written assessment prepared pursuant to subsection 7b7 shall describe the risk to national security if the classified information were to be exposed in public or to a foreign adversary4 7d7 ,submittal of assessments ,each written assessment prepared pursuant to subsection 7b7 shall be submitted to ,congress1 in classified form1 upon completion4 4 7b7 ,prospective application ,section #hcb of such ,act1 as added by subsection 7a71 shall apply to incidents of mishandling or unauthorized disclosure of classified information 7as defined in such section7 detected on or after the date of the enactment of this ,act4 #gcc4 ,minimum standards for ,executive agency insider threat programs 7a7 ,definitions ,in this section1 the terms agency and classified information have the meanings given such terms in section #hjj of the ,national ,security ,act of #aidg1 as added by section #gjb of this subtitle4 7b7 ,establishment of insider threat programs ,each head of an agency with access to classified information shall establish an insider threat program to protect classified information from unauthorized disclosure4 7c7 ,minimum standards ,in carrying out an insider threat program established by the head of an agency pursuant to subsection 7b71 the head of the agency shall-- 7#a7 designate a senior official of the agency who shall be responsible for management of the program2 7#b7 monitor user activity on all classified networks in order to detect activity indicative of insider threat behavior2 7#c7 build and maintain an insider threat analytic and response capability to review1 assess1 and respond to information obtained pursuant to paragraph 7#b72 and 7#d7 provide insider threat awareness training to all cleared employees within #cj days of entry on duty or granting of access to classified information and annually thereafter4 7d7 ,annual reports ,not less frequently that once each year1 the ,director of ,national ,intelligence shall1 serving as the ,security ,executive ,agent under section #hjc of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb;a71 submit to ,congress an annual report on the compliance of agencies with respect to the requirements of this section4 #e ,other matters #gda4 ,prohibitions 7a7 ,withholding information from congress ,nothing in this subtitle or an amendment made by this subtitle shall be construed to authorize the withholding of information from ,congress4 7b7 ,judicial review ,except in the case of the amendment to section #eeb of title #e1 ,united ,states ,code1 made by section #gba7;b71 no person may seek or obtain judicial review of any provision of this subtitle or any action taken under a provision of this subtitle4 #gdb4 ,conforming amendment ,section #hjd of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafc7 is amended by striking this title and inserting sections #hja and #hjb4 #gdc4 ,clerical amendment ,the table of contents for the ,national ,security ,act of #aidg is amended by striking the items relating to title ,,viii and inserting the following3 ,title ,,viii--,protection of national security information,subtitle ,a--,definitions ,sec4 #hjj4 ,definitions4 ,subtitle ,b--,access to classified information procedures,sec4 #hja4 ,procedures4,sec4 #hjb4 ,requests by authorized investigative agencies4,sec4 #hjc4 ,security ,executive ,agent4,sec4 #hjd4 ,exceptions4,subtitle ,c--,security classification governance ,sec4 #haa4 ,executive ,agent for ,classification and ,declassification4,sec4 #hab4 ,executive ,committee on ,classification and ,declassification ,programs and ,technology4,sec4 #hac4 ,advisory bodies for ,executive ,agent for ,classification and ,declassification4,sec4 #had4 ,information ,security ,oversight ,office4,subtitle ,d--,classification and declassification,sec4 #hba4 ,classification and declassification of information4,sec4 #hbb4 ,declassification working capital funds4,subtitle ,e--,protection of classified information,sec4 #hca4 ,security review of certain records of the ,president and ,vice ,president4,sec4 #hcb4 ,mandatory counterintelligence risk assessments4 4 ,b ,sensible ,classification ,act of #bjbc #gea4 ,short title ,this subtitle may be cited as the ,sensible ,classification ,act of #bjbc4 #geb4 ,definitions ,in this subtitle3 7#a7 ,agency ,the term agency has the meaning given the term ,executive agency in section #aje of title #e1 ,united ,states ,code4 7#b7 ,classification ,the term classification means the act or process by which information is determined to be classified information4 7#c7 ,classified information ,the term classified information means information that has been determined pursuant to ,executive ,order #abieh 7#ej ,u4,s4,c4 #cafa note2 relating to classified national security information71 or successor order1 to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form4 7#d7 ,declassification ,the term declassification means the authorized change in the status of information from classified information to unclassified information4 7#e7 ,document ,the term document means any recorded information1 regardless of the nature of the medium or the method or circumstances of recording4 7#f7 ,downgrade ,the term downgrade means a determination by a declassification authority that information classified and safeguarded at a specified level shall be classified and safeguarded at a lower level4 7#g7 ,information ,the term information means any knowledge that can be communicated or documentary material1 regardless of its physical form or characteristics1 that is owned by1 is produced by or for1 or is under the control of the ,united ,states ,government4 7#h7 ,originate1 originating1 and originated ,the term originate1 originating1 and originated1 with respect to classified information and an authority1 means the authority that classified the information in the first instance4 7#i7 ,records ,the term records means the records of an agency and ,presidential papers or ,presidential records1 as those terms are defined in title #dd1 ,united ,states ,code1 including those created or maintained by a government contractor1 licensee1 certificate holder1 or grantee that are subject to the sponsoring agency's control under the terms of the contract1 license1 certificate1 or grant4 7#aj7 ,security clearance ,the term security clearance means an authorization to access classified information4 7#aa7 ,unauthorized disclosure ,the term unauthorized disclosure means a communication or physical transfer of classified information to an unauthorized recipient4 7#ab7 ,unclassified information ,the term unclassified information means information that is not classified information4 #gec4 ,findings and sense of the ,senate 7a7 ,findings ,the ,senate makes the following findings3 7#a7 ,according to a report released by the ,office of the ,director of ,intelligence in #bjbj titled ,fiscal ,year #bjai ,annual ,report on ,security ,clearance ,determinations1 more than #d1jjj1jjj individuals have been granted eligibility for a security clearance4 7#b7 ,at least #a1cjj1jjj of such individuals have been granted access to information classified at the ,top ,secret level4 7b7 ,sense of the ,senate ,it is the sense of the ,senate that-- 7#a7 the classification system of the ,federal ,government is in urgent need of reform2 7#b7 the number of people with access to classified information is exceedingly high and must be justified or reduced2 7#c7 reforms are necessary to reestablish trust between the ,federal ,government and the people of the ,united ,states2 and 7#d7 classification should be limited to the minimum necessary to protect national security while balancing the public's interest in disclosure4 #ged4 ,classification authority 7a7 ,in general ,the authority to classify information originally may be exercised only by-- 7#a7 the ,president and1 in the performance of executive duties1 the ,vice ,president2 7#b7 the head of an agency or an official of any agency authorized by the ,president pursuant to a designation of such authority in the ,federal ,register2 and 7#c7 an official of the ,federal ,government to whom authority to classify information originally has been delegated pursuant to subsection 7c74 7b7 ,scope of authority ,an individual authorized by this section to classify information originally at a specified level may also classify the information originally at a lower level4 7c7 ,delegation of original classification authority ,an official of the ,federal ,government may be delegated original classification authority subject to the following3 7#a7 ,delegation of original classification authority shall be limited to the minimum required to administer this section4 ,agency heads shall be responsible for ensuring that designated subordinate officials have a demonstrable and continuing need to exercise this authority4 7#b7 ,authority to originally classify information at the level designated as ,top ,secret may be delegated only by the ,president1 in the performance of executive duties1 the ,vice ,president1 or an agency head or official designated pursuant to subsection 7a77#b74 7#c7 ,authority to originally classify information at the level designated as ,secret or ,confidential may be delegated only by the ,president1 in the performance of executive duties1 the ,vice ,president1 or an agency head or official designated pursuant to subsection 7a77#b71 or the senior agency official described in section #e4d7;d7 of ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note2 relating to classified national security information71 or successor order1 provided that official has been delegated ,top ,secret original classification authority by the agency head4 7#d7 ,each delegation of original classification authority shall be in writing and the authority shall not be redelegated except as provided by paragraphs 7#a71 7#b71 and 7#c74 ,each delegation shall identify the official by name or position title4 7d7 ,training required 7#a7 ,in general ,an individual may not be delegated original classification authority under this section unless the individual has first received training described in paragraph 7#b74 7#b7 ,training described ,training described in this paragraph is training on original classification that includes instruction on the proper safeguarding of classified information and of the criminal1 civil1 and administrative sanctions that may be brought against an individual who fails to protect classified information from unauthorized disclosure4 7e7 ,exceptional cases 7#a7 ,in general ,when an employee1 contractor1 licensee1 certificate holder1 or grantee of an agency who does not have original classification authority originates information believed by that employee1 contractor1 licensee1 certificate holder1 or grantee to require classification1 the information shall be protected in a manner consistent with ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note2 relating to classified national security information71 or successor order4 7#b7 ,transmittal ,an employee1 contractor1 licensee1 certificate holder1 or grantee described in paragraph 7#a71 who originates information described in such paragraph1 shall promptly transmit such information to-- 7,a7 the agency that has appropriate subject matter interest and classification authority with respect to this information2 or 7,b7 if it is not clear which agency has appropriate subject matter interest and classification authority with respect to the information1 the ,director of the ,information ,security ,oversight ,office4 7#c7 ,agency decisions ,an agency that receives information pursuant to paragraph 7#b77;,a7 or 7#d7 shall decide within #cj days whether to classify this information4 7#d7 ,information ,security ,oversight ,office action ,if the ,director of the ,information ,security ,oversight ,office receives information under paragraph 7#b77;,b71 the ,director shall determine the agency having appropriate subject matter interest and classification authority and forward the information1 with appropriate recommendations1 to that agency for a classification determination4 #gee4 ,promoting efficient declassification review 7a7 ,in general ,whenever an agency is processing a request pursuant to section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act7 or the mandatory declassification review provisions of ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note2 relating to classified national security information71 or successor order1 and identifies responsive classified records that are more than #be years of age as of ,december #ca of the year in which the request is received1 the head of the agency shall review the record and process the record for declassification and release by the ,national ,declassification ,center of the ,national ,archives and ,records ,administration4 7b7 ,application ,subsection 7a7 shall apply-- 7#a7 regardless of whether or not the record described in such subsection is in the legal custody of the ,national ,archives and ,records ,administration2 and 7#b7 without regard for any other provisions of law or existing agreements or practices between agencies4 #gef4 ,training to promote sensible classification 7a7 ,definitions ,in this section3 7#a7 ,over-classification ,the term over-classification means classification at a level that exceeds the minimum level of classification that is sufficient to protect the national security of the ,united ,states4 7#b7 ,sensible classification ,the term sensible classification means classification at a level that is the minimum level of classification that is sufficient to protect the national security of the ,united ,states4 7b7 ,training required ,each head of an agency with classification authority shall conduct training for employees of the agency with classification authority to discourage over-classification and to promote sensible classification4 #geg4 ,improvements to ,public ,interest ,declassification ,board ,section #gjc of the ,public ,interest ,declassification ,act of #bjjj 7#ej ,u4,s4,c4 #ccee;a7 is amended-- 7#a7 in subsection 7c71 by adding at the end the following3 7#e7 ,a member of the ,board whose term has expired may continue to serve until a successor is appointed and sworn in4 2 and 7#b7 in subsection 7f7-- 7,a7 by inserting 7#a7 before ,any employee2 and 7,b7 by adding at the end the following3 7#b7 7,a7 ,in addition to any employees detailed to the ,board under paragraph 7#a71 the ,board may hire not more than #ab staff members4 7,b7 ,there are authorized to be appropriated to carry out subparagraph 7,a7 such sums as are necessary for fiscal year #bjbd and each fiscal year thereafter4 4 #geh4 ,implementation of technology for classification and declassification 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,administrator of the ,office of ,electronic ,government 7in this section referred to as the ,administrator7 shall1 in consultation with the ,secretary of ,defense1 the ,director of the ,central ,intelligence ,agency1 the ,director of ,national ,intelligence1 the ,public ,interest ,declassification ,board1 the ,director of the ,information ,security ,oversight ,office1 and the head of the ,national ,declassification ,center of the ,national ,archives and ,records ,administration-- 7#a7 research a technology-based solution-- 7,a7 utilizing machine learning and artificial intelligence to support efficient and effective systems for classification and declassification2 and 7,b7 to be implemented on an interoperable and federated basis across the ,federal ,government2 and 7#b7 submit to the ,president a recommendation regarding a technology-based solution described in paragraph 7#a7 that should be adopted by the ,federal ,government4 7b7 ,staff ,the ,administrator may hire sufficient staff to carry out subsection 7a74 7c7 ,report ,not later than #edj days after the date of the enactment of this ,act1 the ,president shall submit to ,congress a classified report on the technology-based solution recommended by the ,administrator under subsection 7a77#b7 and the ,president's decision regarding its adoption4 #gei4 ,studies and recommendations on necessity of security clearances 7a7 ,agency studies on necessity of security clearances 7#a7 ,studies required ,the head of each agency that grants security clearances to personnel of such agency shall conduct a study on the necessity of such clearances4 7#b7 ,reports required 7,a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 each head of an agency that conducts a study under paragraph 7#a7 shall submit to ,congress a report on the findings of the agency head with respect to such study1 which the agency head may classify as appropriate4 7,b7 ,required elements ,each report submitted by the head of an agency under subparagraph 7,a7 shall include1 for such agency1 the following3 7i7 ,the number of personnel eligible for access to information up to the ,top ,secret level4 7ii7 ,the number of personnel eligible for access to information up to the ,secret level4 7iii7 ,information on any reduction in the number of personnel eligible for access to classified information based on the study conducted under paragraph 7#a74 7iv7 ,a description of how the agency head will ensure that the number of security clearances granted by such agency will be kept to the minimum required for the conduct of agency functions1 commensurate with the size1 needs1 and mission of the agency4 7#c7 ,industry ,this subsection shall apply to the ,secretary of ,defense in the ,secretary's capacity as the ,executive ,agent for the ,national ,industrial ,security ,program1 and the ,secretary shall treat contractors1 licensees1 and grantees as personnel of the ,department of ,defense for purposes of the studies and reports required by this subsection4 7b7 ,director of ,national ,intelligence review of sensitive compartmented information ,the ,director of ,national ,intelligence shall-- 7#a7 review the number of personnel eligible for access to sensitive compartmented information2 and 7#b7 submit to ,congress a report on how the ,director will ensure that the number of such personnel is limited to the minimum required4 7c7 ,agency review of special access programs ,each head of an agency who is authorized to establish a special access program by ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note2 relating to classified national security information71 or successor order1 shall-- 7#a7 review the number of personnel of the agency eligible for access to such special access programs2 and 7#b7 submit to ,congress a report on how the agency head will ensure that the number of such personnel is limited to the minimum required4 7d7 ,secretary of ,energy review of ,q and ,l clearances ,the ,secretary of ,energy shall-- 7#a7 review the number of personnel of the ,department of ,energy granted ,q and ,l access2 and 7#b7 submit to ,congress a report on how the ,secretary will ensure that the number of such personnel is limited to the minimum required 7e7 ,independent reviews ,not later than #ahj days after the date on which a study is completed under subsection 7a7 or a review is completed under subsections 7b7 through 7d71 the ,director of the ,information ,security ,oversight ,office of the ,national ,archives and ,records ,administration1 the ,director of ,national ,intelligence1 and the ,public ,interest ,declassification ,board shall each review the study or review1 as the case may be4 ,,viii ,security clearance and trusted workforce #hja4 ,review of shared information technology services for personnel vetting ,not later than #a year after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall submit to the congressional intelligence committees a review of the extent to which the intelligence community can use information technology services shared among the intelligence community for purposes of personnel vetting1 including with respect to human resources1 suitability1 and security4 #hjb4 ,timeliness standard for rendering determinations of trust for personnel vetting 7a7 ,timeliness standard 7#a7 ,in general ,the ,president shall1 acting through the ,security ,executive ,agent and the ,suitability and ,credentialing ,executive ,agent1 establish and publish in the ,federal ,register new timeliness performance standards for processing personnel vetting trust determinations in accordance with the ,federal personnel vetting performance management standards4 7#b7 ,quinquennial reviews ,not less frequently than once every #e years1 the ,president shall1 acting through the ,security ,executive ,agent and the ,suitability and ,credentialing ,executive ,agent-- 7,a7 review the standards established pursuant to paragraph 7#a72 and 7,b7 pursuant to such review-- 7i7 update such standards as the ,president considers appropriate2 and 7ii7 publish in the ,federal ,register such updates as may be made pursuant to clause 7i74 7#c7 ,conforming amendment ,section #cjja of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda7 is amended by striking subsection 7g74 7b7 ,quarterly reports on implementation 7#a7 ,in general ,not less frequently than quarterly1 the ,security ,executive ,agent and the ,suitability and ,credentialing ,executive ,agent shall jointly make available to the public a quarterly report on the compliance of ,executive agencies 7as defined in section #aje of title #e1 ,united ,states ,code7 with the standards established pursuant to subsection 7a74 7#b7 ,disaggregation ,each report made available pursuant to paragraph 7#a7 shall disaggregate data by appropriate category of personnel risk and between ,government and contractor personnel4 7c7 ,complementary standards for intelligence community ,the ,director of ,national ,intelligence may1 in consultation with the ,security1 ,suitability1 and ,credentialing ,performance ,accountability ,council established pursuant to ,executive ,order #acdfg 7#ej ,u4,s4,c4 #cafa note2 relating to reforming processes related to suitability for ,government employment1 fitness for contractor employees1 and eligibility for access to classified national security information7 establish for the intelligence community standards complementary to those established pursuant to subsection 7a74 #hjc4 ,annual report on personnel vetting trust determinations 7a7 ,definition of personnel vetting trust determination ,in this section1 the term personnel vetting trust determination means any determination made by an executive branch agency as to whether an individual can be trusted to perform job functions or to be granted access necessary for a position4 7b7 ,annual report ,not later than ,march #cj1 #bjbd1 and annually thereafter for #e years1 the ,director of ,national ,intelligence1 acting as the ,security ,executive ,agent1 and the ,director of the ,office of ,personnel ,management1 acting as the ,suitability and ,credentialing ,executive ,agent1 in coordination with the ,security1 ,suitability1 and ,credentialing ,performance ,accountability ,council1 shall jointly make available to the public a report on specific types of personnel vetting trust determinations made during the fiscal year preceding the fiscal year in which the report is made available1 disaggregated by the following3 7#a7 ,determinations of eligibility for national security-sensitive positions1 separately noting-- 7,a7 the number of individuals granted access to national security information2 and 7,b7 the number of individuals determined to be eligible for but not granted access to national security information4 7#b7 ,determinations of suitability or fitness for a public trust position4 7#c7 ,status as a ,government employee1 a contractor employee1 or other category4 7c7 ,elimination of report requirement ,section #cjja of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccda7 is amended by striking subsection 7h74 #hjd4 ,survey to assess strengths and weaknesses of ,trusted ,workforce #b4j ,not later than #a year after the date of the enactment of this ,act1 and once every #b years thereafter until #bjbi1 the ,comptroller ,general of the ,united ,states shall administer a survey to such sample of ,federal agencies1 ,federal contractors1 and other persons that require security clearances to access classified information as the ,comptroller ,general considers appropriate to assess-- 7#a7 the strengths and weaknesses of the implementation of the ,trusted ,workforce #b4j initiative2 and 7#b7 the effectiveness of vetting ,federal personnel while managing risk during the onboarding of such personnel4 #hje4 ,prohibition on denial of eligibility for access to classified information solely because of past use of cannabis 7a7 ,definitions ,in this section3 7#a7 ,cannabis ,the term cannabis has the meaning given the term marihuana in section #ajb of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb74 7#b7 ,eligibility for access to classified information ,the term eligibility for access to classified information has the meaning given the term in the procedures established pursuant to section #hja7;a7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafa7;a774 7b7 ,prohibition ,notwithstanding any other provision of law1 the head of an element of the intelligence community may not make a determination to deny eligibility for access to classified information to an individual based solely on the use of cannabis by the individual prior to the submission of the application for a security clearance by the individual4 ,,ix ,anomalous health incidents #ija4 ,improved funding flexibility for payments made by the ,central ,intelligence ,agency for qualifying injuries to the brain ,section #ai;,a7d7 of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #ceai;b7d77 is amended by striking paragraph 7#c7 and inserting the following new paragraph3 7#c7 ,funding 7,a7 ,in general ,payment under paragraph 7#b7 in a fiscal year may be made using any funds-- 7i7 appropriated in advance specifically for payments under such paragraph2 or 7ii7 reprogrammed in accordance with section #ejd of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjid74 7,b7 ,budget ,for each fiscal year1 the ,director shall include with the budget justification materials submitted to ,congress in support of the budget of the ,president for that fiscal year pursuant to section #aaje7;a7 of title #ca1 ,united ,states ,code1 an estimate of the funds required in that fiscal year to make payments under paragraph 7#b74 4 #ijb4 ,clarification of requirements to seek certain benefits relating to injuries to the brain 7a7 ,in general ,section #ai;,a7d7 of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #ceai;b7d77 is amended by adding at the end of paragraph 7#e7 the following new sentence3 ,a covered dependent1 covered employee1 or covered individual shall not be required to seek any other benefit furnished by the ,united ,states ,government to be eligible for the payment authorized under paragraph 7#b744 7b7 ,regulations ,not later than #ij days after the date of the enactment of this ,act1 the ,director of the ,central ,intelligence ,agency shall-- 7#a7 revise the regulations of the ,expanded ,care ,program of the ,central ,intelligence ,agency to conform with the amendment made by subsection 7a72 and 7#b7 submit to the congressional intelligence committees copies of such regulations1 as revised pursuant to paragraph 7#a74 #ijc4 ,intelligence community implementation of ,,havana ,act of #bjba authorities 7a7 ,regulations ,except as provided in subsection 7c71 not later than #ahj days after the date of the enactment of this ,act1 each head of an element of the intelligence community that has not already done so shall-- 7#a7 issue regulations and procedures to implement the authorities provided by section #ai;,a7d7 of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #ceai;b7d77 and section #ija7;i7 of title ,,ix of division ,j of the ,further ,consolidated ,appropriations ,act1 #bjbj 7#bb ,u4,s4,c4 #bfhj;b7i77 to provide payments under such sections1 to the degree that such authorities are applicable to the head of the element2 and 7#b7 submit to the congressional intelligence committees copies of such regulations4 7b7 ,reporting ,not later than #baj days after the date of the enactment of this ,act1 each head of an element of the intelligence community shall submit to the congressional intelligence committees a report on-- 7#a7 the estimated number of individuals associated with their element that may be eligible for payment under the authorities described in subsection 7a77#a72 7#b7 an estimate of the obligation that the head of the intelligence community element expects to incur in fiscal year #bjbe as a result of establishing the regulations pursuant to subsection 7a77#a72 and 7#c7 any perceived barriers or concerns in implementing such authorities4 7c7 ,alternative reporting ,not later than #ahj days after the date of the enactment of this ,act1 each head of an element of the intelligence community 7other than the ,director of the ,central ,intelligence ,agency7 who believes that the authorities described in subsection 7a77#a7 are not currently relevant for individuals associated with their element1 or who are not otherwise in position to issue the regulations and procedures required by subsection 7a77#a7 shall provide written and detailed justification to the congressional intelligence committees to explain this position4 #ijd4 ,report and briefing on ,central ,intelligence ,agency handling of anomalous health incidents 7a7 ,definitions ,in this section3 7#a7 ,agency ,the term ,agency means the ,central ,intelligence ,agency4 7#b7 ,qualifying injury ,the term qualifying injury has the meaning given such term in section #ai;,a7d77#a7 of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #ceai;b7d77#a774 7b7 ,in general ,not later than #fj days after the date of the enactment of this ,act1 the ,director of the ,central ,intelligence ,agency shall submit to the congressional intelligence committees a report on the handling of anomalous health incidents by the ,agency4 7c7 ,contents ,the report required by subsection 7b7 shall include the following3 7#a7 ,,havana ,act implementation 7,a7 ,an explanation of how the ,agency determines whether a reported anomalous health incident resulted in a qualifying injury or a qualifying injury to the brain4 7,b7 ,the number of participants of the ,expanded ,care ,program of the ,central ,intelligence ,agency who-- 7i7 have a certified qualifying injury or a certified qualifying injury to the brain2 and 7ii7 as of ,september #cj1 #bjbc1 applied to the ,expanded ,care ,program due to a reported anomalous health incident4 7,c7 ,a comparison of the number of anomalous health incidents reported by applicants to the ,expanded ,care ,program that occurred in the ,united ,states and that occurred in a foreign country4 7,d7 ,the specific reason each applicant was approved or denied for payment under the ,expanded ,care ,program4 7,e7 ,the number of applicants who were initially denied payment but were later approved on appeal4 7,f7 ,the average length of time1 from the time of application1 for an applicant to receive a determination from the ,expanded ,care ,program1 aggregated by qualifying injuries and qualifying injuries to the brain4 7#b7 ,priority cases 7,a7 ,a detailed list of priority cases of anomalous health incidents1 including1 for each incident1 locations1 dates1 times1 and circumstances4 7,b7 ,for each priority case listed in accordance with subparagraph 7,a71 a detailed explanation of each credible alternative explanation that the ,agency assigned to the incident1 including-- 7i7 how the incident was discovered2 7ii7 how the incident was assigned within the ,agency2 and 7iii7 whether an individual affected by the incident is provided an opportunity to appeal the credible alternative explanation4 7,c7 ,for each priority case of an anomalous health incident determined to be largely consistent with the definition of anomalous health incident established by the ,national ,academy of ,sciences and for which the ,agency does not have a credible alternative explanation1 a detailed description of such case4 7#c7 ,anomalous health incident sensors 7,a7 ,a list of all types of sensors that the ,agency has developed or deployed with respect to reports of anomalous health incidents1 including1 for each type of sensor1 the deployment location1 the date and the duration of the employment of such type of sensor1 and1 if applicable1 the reason for removal4 7,b7 ,a list of entities to which the ,agency has provided unrestricted access to data associated with anomalous health incidents4 7,c7 ,a list of requests for support the ,agency has received from elements of the ,federal ,government regarding sensor development1 testing1 or deployment1 and a description of the support provided in each case4 7,d7 ,a description of all emitter signatures obtained by sensors associated with anomalous health incidents in ,agency holdings since #bjaf1 including-- 7i7 the identification of any of such emitters that the ,agency prioritizes as a threat2 and 7ii7 an explanation of such prioritization4 7d7 ,additional submissions ,concurrent with the submission of the report required by subsection 7b71 the ,director of the ,central ,intelligence ,agency shall submit to the congressional intelligence committees-- 7#a7 a template of each form required to apply for the ,expanded ,care ,program1 including with respect to payments for a qualifying injury or a qualifying injury to the brain2 7#b7 copies of internal guidance used by the ,agency to adjudicate claims for the ,expanded ,care ,program1 including with respect to payments for a qualifying injury to the brain2 7#c7 the case file of each applicant to the ,expanded ,care ,program who applied due to a reported anomalous health incident1 including supporting medical documentation1 with name and other identifying information redacted2 7#d7 copies of all informational and instructional materials provided to employees of and other individuals affiliated with the ,agency with respect to applying for the ,expanded ,care ,program2 and 7#e7 copies of ,agency guidance provided to employees of and other individuals affiliated with the ,agency with respect to reporting and responding to a suspected anomalous health incident1 and the roles and responsibilities of each element of the ,agency tasked with responding to a report of an anomalous health incident4 7e7 ,briefing ,not later than #ij days after the date of the enactment of this ,act1 the ,director of the ,central ,intelligence ,agency shall brief the congressional intelligence committees on the report4 ,x ,election security #ajja4 ,strengthening ,election ,cybersecurity to ,uphold ,respect for ,elections through ,independent ,testing ,act of #bjbc 7a7 ,short title ,this section may be cited as the ,strengthening ,election ,cybersecurity to ,uphold ,respect for ,elections through ,independent ,testing ,act of #bjbc or the ,,secure ,,it ,act of #bjbc4 7b7 ,requiring penetration testing as part of the testing and certification of voting systems ,section #bca of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjiga7 is amended by adding at the end the following new subsection3 7e7 ,required penetration testing 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this subsection1 the ,commission shall provide for the conduct of penetration testing as part of the testing1 certification1 decertification1 and recertification of voting system hardware and software by accredited laboratories under this section4 7#b7 ,accreditation ,the ,director of the ,national ,institute of ,standards and ,technology shall recommend to the ,commission entities the ,director proposes be accredited to carry out penetration testing under this subsection and certify compliance with the penetration testing-related guidelines required by this subsection4 ,the ,commission shall vote on the accreditation of any entity recommended4 ,the requirements for such accreditation shall be a subset of the requirements for accreditation of laboratories under subsection 7b7 and shall only be based on consideration of an entity's competence to conduct penetration testing under this subsection4 4 7c7 ,independent security testing and coordinated cybersecurity vulnerability disclosure program for election systems 7#a7 ,in general ,subtitle ,d of title ,,ii of the ,help ,america ,vote ,act of #bjjb 7#db ,u4,s4,c4 #aedja et seq47 is amended by adding at the end the following new part3 #g ,independent security testing and coordinated cybersecurity vulnerability disclosure pilot program for election systems #big4 ,independent security testing and coordinated cybersecurity vulnerability disclosure pilot program for election systems 7a7 ,in general 7#a7 ,establishment ,the ,commission1 in consultation with the ,secretary1 shall establish an ,independent ,security ,testing and ,coordinated ,vulnerability ,disclosure ,pilot ,program for ,election ,systems 7,,vdp-,e7 7in this section referred to as the program7 in order to test for and disclose cybersecurity vulnerabilities in election systems4 7#b7 ,duration ,the program shall be conducted for a period of #e years4 7#c7 ,requirements ,in carrying out the program1 the ,commission1 in consultation with the ,secretary1 shall-- 7,a7 establish a mechanism by which an election systems vendor may make their election system 7including voting machines and source code7 available to cybersecurity researchers participating in the program2 7,b7 provide for the vetting of cybersecurity researchers prior to their participation in the program1 including the conduct of background checks2 7,c7 establish terms of participation that-- 7i7 describe the scope of testing permitted under the program2 7ii7 require researchers to-- 7,i7 notify the vendor1 the ,commission1 and the ,secretary of any cybersecurity vulnerability they identify with respect to an election system2 and 7,,ii7 otherwise keep such vulnerability confidential for #ahj days after such notification2 7iii7 require the good-faith participation of all participants in the program2 7iv7 require an election system vendor1 after receiving notification of a critical or high vulnerability 7as defined by the ,national ,institute of ,standards and ,technology7 in an election system of the vendor1 to-- 7,i7 send a patch or propound some other fix or mitigation for such vulnerability to the appropriate ,state and local election officials1 in consultation with the researcher who discovered it2 and 7,,ii7 notify the ,commission and the ,secretary that such patch has been sent to such officials2 7,d7 in the case where a patch or fix to address a vulnerability disclosed under subparagraph 7,c77ii77,i7 is intended to be applied to a system certified by the ,commission1 provide-- 7i7 for the expedited review of such patch or fix within #ij days after receipt by the ,commission2 and 7ii7 if such review is not completed by the last day of such #ij-;day period1 that such patch or fix shall be deemed to be certified by the ,commission2 and 7,e7 #ahj days after the disclosure of a vulnerability under subparagraph 7,c77ii77,i71 notify the ,director of the ,cybersecurity and ,infrastructure ,security ,agency of the vulnerability for inclusion in the database of ,common ,vulnerabilities and ,exposures4 7#d7 ,voluntary participation2 safe harbor 7,a7 ,voluntary participation ,participation in the program shall be voluntary for election systems vendors and researchers4 7,b7 ,safe harbor ,when conducting research under this program1 such research and subsequent publication shall be considered to be3 7i7 ,authorized in accordance with section #ajcj of title #ah1 ,united ,states ,code 7commonly known as the ,computer ,fraud and ,abuse ,act71 7and similar state laws71 and the election system vendor will not initiate or support legal action against the researcher for accidental1 good-faith violations of the program4 7ii7 ,exempt from the anti-circumvention rule of section #abja of title #ag1 ,united ,states ,code 7commonly known as the ,digital ,millennium ,copyright ,act71 and the election system vendor will not bring a claim against a researcher for circumvention of technology controls4 7,c7 ,rule of construction ,nothing in this paragraph may be construed to limit or otherwise affect any exception to the general prohibition against the circumvention of technological measures under subparagraph 7,a7 of section #abja7;a77#a7 of title #ag1 ,united ,states ,code1 including with respect to any use that is excepted from that general prohibition by the ,librarian of ,congress under subparagraphs 7,b7 through 7,d7 of such section #abja7;a77#a74 7#e7 ,exempt from disclosure ,cybersecurity vulnerabilities discovered under the program shall be exempt from section #eeb of title #e1 ,united ,states ,code 7commonly referred to as the ,freedom of ,information ,act74 7#f7 ,definitions ,in this subsection3 7,a7 ,cybersecurity vulnerability ,the term cybersecurity vulnerability means1 with respect to an election system1 any security vulnerability that affects the election system4 7,b7 ,election infrastructure ,the term election infrastructure means-- 7i7 storage facilities1 polling places1 and centralized vote tabulation locations used to support the administration of elections for public office2 and 7ii7 related information and communications technology1 including-- 7,i7 voter registration databases2 7,,ii7 election management systems2 7,,iii7 voting machines2 7,,iv7 electronic mail and other communications systems 7including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections1 manage the election process1 and report and display election results72 and 7,v7 other systems used to manage the election process and to report and display election results on behalf of an election agency4 7,c7 ,election system ,the term election system means any information system that is part of an election infrastructure1 including any related information and communications technology described in subparagraph 7,b77ii74 7,d7 ,election system vendor ,the term election system vendor means any person providing1 supporting1 or maintaining an election system on behalf of a ,state or local election official4 7,e7 ,information system ,the term information system has the meaning given the term in section #cejb of title #dd1 ,united ,states ,code4 7,f7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7,g7 ,security vulnerability ,the term security vulnerability has the meaning given the term in section #ajb of the ,cybersecurity ,information ,sharing ,act of #bjae 7#f ,u4,s4,c4 #aeja74 4 7#b7 ,clerical amendment ,the table of contents of such ,act is amended by adding at the end of the items relating to subtitle ,d of title ,,ii the following3 ,,part #g--;,independent security testing and coordinated cybersecurity vulnerability disclosure program for election systems ,sec4 #big4 ,independent security testing and coordinated cybersecurity vulnerability disclosure program for election systems4 4 #ajjb4 ,protecting ,ballot ,measures from ,foreign ,influence ,act of #bjbc 7a7 ,short title ,this section may be cited as the ,protecting ,ballot ,measures from ,foreign ,influence ,act of #bjbc4 7b7 ,in general ,section #cai7;a77#a77;,a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaba7;a77#a77;,a77 is amended by inserting 81 or a ,state or local ballot initiative or ballot referendum0 after election4 7c7 ,effective date ,the amendment made by subsection 7b7 shall apply with respect to contributions and donations made on or after the date of enactment of this ,act4 ,,xi ,other matters #aaja4 ,modification of reporting requirement for ,all-domain ,anomaly ,resolution ,office ,section #afhc7k77#a7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbb 7#ej ,u4,s4,c4 #ccgc7k77#a771 as amended by section #fhjb7;a7 of the ,intelligence ,authorization ,act for ,fiscal ,year #bjbc 7,public ,law #aag-bfc71 is amended-- 7#a7 in the heading1 by striking ,director of ,national ,intelligence and ,secretary of ,defense and inserting ,all-domain ,anomaly ,resolution ,office2 and 7#b7 in subparagraph 7,a71 by striking ,director of ,national ,intelligence and the ,secretary of ,defense shall jointly and inserting ,director of the ,office shall4 #aajb4 ,modifications to notification on the provision of defense sensitive support 7a7 ,modification of when notification is required ,paragraph 7#c7 of section #ajee7;b7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjag 7,public ,law #aad-cbh2 #aj ,u4,s4,c4 #aac note7 is amended-- 7#a7 in the paragraph heading1 by inserting and extraordinary security protections after support2 7#b7 in the matter preceding subparagraph 7,a71 by inserting or requires extraordinary security protections after time-sensitive2 7#c7 in subparagraph 7,a71 by inserting or after the activity supported concludes after providing the support2 and 7#d7 in subparagraph 7,b7-- 7,a7 by inserting or after the activity supported concludes after providing such support2 and 7,b7 by inserting or after the activity supported concludes after providing the support4 7b7 ,exemption ,such section is amended by adding at the end the following3 7#f7 ,exemption ,the requirements of this subsection shall not apply to the provision of defense sensitive support for travel of the following3 7,a7 ,the ,director of ,national ,intelligence4 7,b7 ,the ,principal ,deputy ,director of ,national ,intelligence4 7,c7 ,the ,director of the ,central ,intelligence ,agency4 7,d7 ,the ,deputy ,director of the ,central ,intelligence ,agency4 4 #aajc4 ,modification of congressional oversight of special access programs ,section #cbcf of the ,national ,nuclear ,security ,administration ,act 7#ej ,u4,s4,c4 #bdbf7 is amended-- 7#a7 by striking congressional defense committees each place it appears and inserting appropriate congressional committees2 and 7#b7 by adding at the end the following subsection3 7g7 ,appropriate congressional committees defined ,in this section1 the term appropriate congressional committees means-- 7#a7 the congressional defense committees2 7#b7 the ,select ,committee on ,intelligence of the ,senate2 and 7#c7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 4 #aajd4 ,funding limitations relating to unidentified anomalous phenomena 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,select ,committee on ,intelligence1 the ,committee on ,armed ,services1 and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,permanent ,select ,committee on ,intelligence1 the ,committee on ,armed ,services1 and the ,committee on ,appropriations of the ,house of ,representatives4 7#b7 ,congressional leadership ,the term congressional leadership means-- 7,a7 the majority leader of the ,senate2 7,b7 the minority leader of the ,senate2 7,c7 the ,speaker of the ,house of ,representatives2 and 7,d7 the minority leader of the ,house of ,representatives4 7#c7 ,director ,the term ,director means the ,director of the ,all-domain ,anomaly ,resolution ,office4 7#d7 ,unidentified anomalous phenomena ,the term unidentified anomalous phenomena has the meaning given such term in section #afhc7n7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbb 7#ej ,u4,s4,c4 #ccgc7n771 as amended by section #fhjb7;a7 of the ,intelligence ,authorization ,act for ,fiscal ,year #bjbc 7,public ,law #aag-bfc74 7b7 ,sense of ,congress ,it is the sense of ,congress that1 due to the increasing potential for technology surprise from foreign adversaries and to ensure sufficient integration across the ,united ,states industrial base and avoid technology and security stovepipes-- 7#a7 the ,united ,states industrial base must retain its global lead in critical advanced technologies2 and 7#b7 the ,federal ,government must expand awareness about any historical exotic technology antecedents previously provided by the ,federal ,government for research and development purposes4 7c7 ,limitations 7#a7 ,in general ,no amount authorized to be appropriated or appropriated by this ,act or any other ,act may be obligated or expended1 directly or indirectly1 in part or in whole1 for1 on1 in relation to1 or in support of activities involving unidentified anomalous phenomena protected under any form of special access or restricted access limitations that have not been formally1 officially1 explicitly1 and specifically described1 explained1 and justified to the appropriate committees of ,congress1 congressional leadership1 and the ,director1 including for any activities relating to the following3 7,a7 ,recruiting1 employing1 training1 equipping1 and operations of1 and providing security for1 government or contractor personnel with a primary1 secondary1 or contingency mission of capturing1 recovering1 and securing unidentified anomalous phenomena craft or pieces and components of such craft4 7,b7 ,analyzing such craft or pieces or components thereof1 including for the purpose of determining properties1 material composition1 method of manufacture1 origin1 characteristics1 usage and application1 performance1 operational modalities1 or reverse engineering of such craft or component technology4 7,c7 ,managing and providing security for protecting activities and information relating to unidentified anomalous phenomena from disclosure or compromise4 7,d7 ,actions relating to reverse engineering or replicating unidentified anomalous phenomena technology or performance based on analysis of materials or sensor and observational information associated with unidentified anomalous phenomena4 7,e7 ,the development of propulsion technology1 or aerospace craft that uses propulsion technology1 systems1 or subsystems1 that is based on or derived from or inspired by inspection1 analysis1 or reverse engineering of recovered unidentified anomalous phenomena craft or materials4 7,f7 ,any aerospace craft that uses propulsion technology other than chemical propellants1 solar power1 or electric ion thrust4 7#b7 ,future appropriations ,paragraph 7#a7 shall apply with respect to an amount appropriated after the date of the enactment of this ,act1 unless such paragraph is specifically waived for such amount1 or such amount is specifically exempted from such paragraph1 by an ,act enacted after the date of the enactment of this ,act4 7d7 ,notification and reporting ,any person currently or formerly under contract with the ,federal ,government that has in their possession material or information provided by or derived from the ,federal ,government relating to unidentified anomalous phenomena that formerly or currently is protected by any form of special access or restricted access shall-- 7#a7 not later than #fj days after the date of the enactment of this ,act1 notify the ,director of such possession2 and 7#b7 not later than #ahj days after the date of the enactment of this ,act1 make available to the ,director for assessment1 analysis1 and inspection-- 7,a7 all such material and information2 and 7,b7 a comprehensive list of all non-earth origin or exotic unidentified anomalous phenomena material4 7e7 ,liability ,no criminal or civil action may lie or be maintained in any ,federal or ,state court against any person for receiving material or information described in subsection 7d7 if that person complies with the notification and reporting provisions described in such subsection4 7f7 ,limitation regarding independent research and development 7#a7 ,in general ,consistent with ,department of ,defense ,instruction ,number #cbjd4ja 7dated ,august #bj1 #bjad1 incorporating change #b1 dated ,july #i1 #bjbj2 relating to ,department policy for oversight of independent research and development71 independent research and development funding relating to material or information described in subsection 7c7 shall not be allowable as indirect expenses for purposes of contracts covered by such instruction1 unless such material and information is made available to the ,director in accordance with subsection 7d74 7#b7 ,effective date and applicability ,paragraph 7#a7 shall take effect on the date that is #fj days after the date of the enactment of this ,act and shall apply with respect to funding from amounts appropriated before1 on1 or after such date4 7g7 ,notice to ,congress ,not later than #cj days after the date on which the ,director has received a notification under paragraph 7#a7 of subsection 7d7 or information or material under paragraph 7#b7 of such subsection1 the ,director shall provide written notification of such receipt to the appropriate committees of ,congress and congressional leadership4 ,june #bb1 #bjbc,read twice and placed on the calendar