,,ii ,calendar ,no4 #dab #aahth ,,congress #b;d ,session ,s4 #dddc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #c1 #bjbd,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 #bjbe 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 #bjbe4 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,sec4 #cja4 ,improvements relating to conflicts of interest in the ,intelligence ,innovation ,board4,sec4 #cjb4 ,national ,threat ,identification and ,prioritization ,assessment and ,national ,counterintelligence ,strategy4,sec4 #cjc4 ,open ,source ,intelligence ,division of ,office of ,intelligence and ,analysis personnel4,sec4 #cjd4 ,appointment of ,director of the ,office of ,intelligence and ,counterintelligence4,sec4 #cje4 ,improvements to advisory board of ,national ,reconnaissance ,office4,sec4 #cjf4 ,national ,intelligence ,university acceptance of grants4,sec4 #cjg4 ,protection of ,central ,intelligence ,agency facilities and assets from unmanned aircraft4,sec4 #cjh4 ,limitation on availability of funds for new controlled access programs4,sec4 #cji4 ,limitation on transfers from controlled access programs4,sec4 #caj4 ,expenditure of funds for certain intelligence and counterintelligence activities of the ,coast ,guard4,sec4 #caa4 ,unauthorized access to intelligence community property4,sec4 #cab4 ,strengthening of ,office of ,intelligence and ,analysis4,sec4 #cac4 ,report on sensitive commercially available information4,sec4 #cad4 ,policy on collection of ,united ,states location information4,sec4 #cae4 ,display of flags1 seals1 and emblems other than the ,united ,states flag4,,title ,,iv--,countering foreign threats,subtitle ,a--,people's ,republic of ,china,sec4 #dja4 ,strategy and outreach on risks posed by ,people's ,republic of ,china smartport technology4,sec4 #djb4 ,assessment of current status of biotechnology of ,people's ,republic of ,china4,sec4 #djc4 ,intelligence sharing with law enforcement agencies on synthetic opioid precursor chemicals originating in ,people's ,republic of ,china4,sec4 #djd4 ,report on efforts of the ,people's ,republic of ,china to evade ,united ,states transparency and national security regulations4,sec4 #dje4 ,plan for recruitment of ,mandarin speakers4,subtitle ,b--,the ,russian ,federation,sec4 #daa4 ,assessment of ,russian ,federation sponsorship of acts of international terrorism4,sec4 #dab4 ,assessment of likely course of war in ,ukraine4,subtitle ,c--,international terrorism,sec4 #dba4 ,inclusion of ,hamas1 ,hezbollah1 ,al-,qaeda1 and ,,isis officials and members among aliens engaged in terrorist activity4,sec4 #dbb4 ,assessment and report on the threat of ,,isis-,khorasan to the ,united ,states4,sec4 #dbc4 ,terrorist financing prevention4,subtitle ,d--,other foreign threats,sec4 #dca4 ,assessment of visa-free travel to and within ,western ,hemisphere by nationals of countries of concern4,sec4 #dcb4 ,study on threat posed by foreign investment in ,united ,states agricultural land4,sec4 #dcc4 ,assessment of threat posed by citizenship-by-investment programs4,sec4 #dcd4 ,mitigating the use of ,united ,states components and technology in hostile activities by foreign adversaries4,sec4 #dce4 ,office of ,intelligence and ,counterintelligence review of visitors and assignees4,sec4 #dcf4 ,prohibition on ,national ,laboratories admitting certain foreign nationals4,sec4 #dcg4 ,quarterly report on certain foreign nationals encountered at the ,united ,states border4,sec4 #dch4 ,assessment of the lessons learned by the intelligence community with respect to the ,israel-,hamas war4,sec4 #dci4 ,central ,intelligence ,agency intelligence assessment on ,tren de ,aragua4,sec4 #ddj4 ,assessment of ,maduro regime's economic and security relationships with state sponsors of terrorism and foreign terrorist organizations4,sec4 #dda4 ,continued congressional oversight of ,iranian expenditures supporting foreign military and terrorist activities4,,title ,v--,emerging technologies,sec4 #eja4 ,strategy to counter foreign adversary efforts to utilize biotechnologies in ways that threaten ,united ,states national security4,sec4 #ejb4 ,improvements to the roles1 missions1 and objectives of the ,national ,counterproliferation and ,biosecurity ,center4,sec4 #ejc4 ,enhancing capabilities to detect foreign adversary threats relating to biological data4,sec4 #ejd4 ,national security procedures to address certain risks and threats relating to artificial intelligence4,sec4 #eje4 ,establishment of ,artificial ,intelligence ,security ,center4,sec4 #ejf4 ,sense of ,congress encouraging intelligence community to increase private sector capital partnerships and partnership with ,office of ,strategic ,capital of ,department of ,defense to secure enduring technological advantages4,sec4 #ejg4 ,intelligence ,community ,technology ,bridge ,fund4,sec4 #ejh4 ,enhancement of authority for intelligence community public-private talent exchanges4,sec4 #eji4 ,enhancing intelligence community ability to acquire emerging technology that fulfills intelligence community needs4,sec4 #eaj4 ,management of artificial intelligence security risks4,sec4 #eaa4 ,protection of technological measures designed to verify authenticity or provenance of machine-manipulated media4,sec4 #eab4 ,sense of ,congress on hostile foreign cyber actors4,sec4 #eac4 ,designation of state sponsors of ransomware and reporting requirements4,sec4 #ead4 ,deeming ransomware threats to critical infrastructure a national intelligence priority4,,title ,,vi--,classification reform,sec4 #fja4 ,governance of classification and declassification system4,sec4 #fjb4 ,classification and declassification of information4,sec4 #fjc4 ,minimum standards for ,executive agency insider threat programs4,,title ,,vii--,security clearances and intelligence community workforce improvements,sec4 #gja4 ,security clearances held by certain former employees of intelligence community4,sec4 #gjb4 ,policy for authorizing intelligence community program of contractor-owned and contractor-operated sensitive compartmented information facilities4,sec4 #gjc4 ,enabling intelligence community integration4,sec4 #gjd4 ,appointment of spouses of certain ,federal employees4,sec4 #gje4 ,plan for staffing the intelligence collection positions of the ,central ,intelligence ,agency4,sec4 #gjf4 ,intelligence community workplace protections4,sec4 #gjg4 ,sense of ,congress on ,government personnel support for foreign terrorist organizations4,,title ,,viii--,whistleblowers,sec4 #hja4 ,improvements regarding urgent concerns submitted to ,inspectors ,general of the intelligence community4,sec4 #hjb4 ,prohibition against disclosure of whistleblower identity as act of reprisal4,sec4 #hjc4 ,protection for individuals making authorized disclosures to ,inspectors ,general of elements of the intelligence community4,sec4 #hjd4 ,clarification of authority of certain ,inspectors ,general to receive protected disclosures4,sec4 #hje4 ,whistleblower protections relating to psychiatric testing or examination4,sec4 #hjf4 ,establishing process parity for adverse security clearance and access determinations4,sec4 #hjg4 ,elimination of cap on compensatory damages for retaliatory revocation of security clearances and access determinations4,,title ,,ix--,anomalous health incidents,sec4 #ija4 ,additional discretion for ,director of ,central ,intelligence ,agency in paying costs of treating qualifying injuries and making payments for qualifying injuries to the brain4,sec4 #ijb4 ,additional discretion for ,secretary of ,state and heads of other ,federal agencies in paying costs of treating qualifying injuries and making payments for qualifying injuries to the brain4,sec4 #ijc4 ,improved funding flexibility for payments made by ,department of ,state for qualifying injuries to the brain4,,title ,x--,unidentified anomalous phenomena,sec4 #ajja4 ,comptroller ,general of the ,united ,states review of ,all-domain ,anomaly ,resolution ,office4,sec4 #ajjb4 ,sunset of requirements relating to audits of unidentified anomalous phenomena historical record report4,sec4 #ajjc4 ,funding limitations relating to unidentified anomalous phenomena4,,title ,,xi--,air ,america,sec4 #aaja4 ,short title4,sec4 #aajb4 ,findings4,sec4 #aajc4 ,definitions4,sec4 #aajd4 ,award authorized to eligible persons4,sec4 #aaje4 ,funding limitation4,sec4 #aajf4 ,time limitation4,sec4 #aajg4 ,application procedures4,sec4 #aajh4 ,rule of construction4,sec4 #aaji4 ,attorneys' and agents' fees4,sec4 #aaaj4 ,no judicial review4,sec4 #aaaa4 ,reports to ,congress4,,title ,,xii--,other matters,sec4 #abja4 ,enhanced authorities for amicus curiae under the ,foreign ,intelligence ,surveillance ,act of #aigh4,sec4 #abjb4 ,limitation on directives under ,foreign ,intelligence ,surveillance ,act of #aigh relating to certain electronic communication service providers4,sec4 #abjc4 ,strengthening ,election ,cybersecurity to ,uphold ,respect for ,elections through ,independent ,testing ,act of #bjbd4,sec4 #abjd4 ,privacy and ,civil ,liberties ,oversight ,board qualifications4,sec4 #abje4 ,parity in pay for staff of the ,privacy and ,civil ,liberties ,oversight ,board and the intelligence community4,sec4 #abjf4 ,modification and repeal of reporting requirements4,sec4 #abjg4 ,technical amendments4 #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 #bjbe 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 #bjbe the sum of #fef1egc1jjj4 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 #bjbe 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 #bjbe4 ,,iii ,intelligence community matters #cja4 ,improvements relating to conflicts of interest in the ,intelligence ,innovation ,board ,section #gejf7;g7 of the ,intelligence ,authorization ,act for ,fiscal ,year #bjbd 7,public ,law #aah-ca7 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,a71 by inserting active and before potential2 7,b7 in subparagraph 7,b71 by striking the ,inspector ,general of the ,intelligence ,community and inserting the designated agency ethics official2 7,c7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7,d7 by inserting after subparagraph 7,b7 the following3 7,c7 ,authority for the designated agency ethics official to grant a waiver for a conflict of interest1 except that-- 7i7 no waiver may be granted for an active conflict of interest identified with respect to the ,chair of the ,board2 7ii7 every waiver for a potential conflict of interest requires review and approval by the ,director of ,national ,intelligence2 and 7iii7 for every waiver granted1 the designated agency ethics official shall submit to the congressional intelligence committees notice of the waiver4 2 and 7#b7 by adding at the end the following3 7#c7 ,definition of designated agency ethics official ,in this subsection1 the term designated agency ethics official means the designated agency ethics official 7as defined in section #acaja of title #e1 ,united ,states ,code7 in the ,office of the ,director of ,national ,intelligence4 4 #cjb4 ,national ,threat ,identification and ,prioritization ,assessment and ,national ,counterintelligence ,strategy ,section #ijd7;f77#c7 of the ,counterintelligence ,enhancement ,act of #bjjb 7#ej ,u4,s4,c4 #cchc7;f77#c77 is amended by striking ,national ,counterintelligence ,executive and inserting ,director of the ,national ,counterintelligence and ,security ,center4 #cjc4 ,open ,source ,intelligence ,division of ,office of ,intelligence and ,analysis personnel ,none of the funds authorized to be appropriated by this ,act or otherwise made available for fiscal year #bjbe for the ,office of ,intelligence and ,analysis of the ,department of ,homeland ,security may be obligated or expended by the ,office to increase1 above the staffing level in effect on the day before the date of the enactment of this ,act1 the number of personnel assigned to the ,open ,source ,intelligence ,division who work exclusively or predominantly on domestic terrorism issues4 #cjd4 ,appointment of ,director of the ,office of ,intelligence and ,counterintelligence 7a7 ,in general ,section #bae7;c7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gadd;b7c77 is amended to read as follows3 7c7 ,director 7#a7 ,appointment ,the head of the ,office shall be the ,director of the ,office of ,intelligence and ,counterintelligence1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 ,the ,director of the ,office shall report directly to the ,secretary4 7#b7 ,term 7,a7 ,in general ,the ,director shall serve for a term of #f years4 7,b7 ,reappointment ,the ,director shall be eligible for reappointment for #a or more terms4 7#c7 ,qualifications ,the ,director shall-- 7,a7 be an employee in the ,senior ,executive ,service1 the ,senior ,intelligence ,service1 the ,senior ,national ,intelligence ,service1 or any other ,service that the ,secretary1 in coordination with the ,director of ,national ,intelligence1 considers appropriate2 and 7,b7 have substantial expertise in matters relating to the intelligence community1 including foreign intelligence and counterintelligence4 4 7b7 ,effective date ,the amendment made by this section shall take effect on ,january #ba1 #bjbe4 #cje4 ,improvements to advisory board of ,national ,reconnaissance ,office ,section #ajf;,a7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjda;a7d77 is amended-- 7#a7 in paragraph 7#c77;,a7-- 7,a7 in clause 7i7-- 7i7 by striking five members appointed by the ,director1 in consultation with the ,director of ,national ,intelligence and the ,secretary of ,defense1 and inserting up to #h members appointed by the ,director2 and 7ii7 by inserting 1 and who do not present any actual or potential conflict of interest before the period at the end2 7,b7 by redesignating clause 7ii7 as clause 7iii72 and 7,c7 by inserting after clause 7i7 the following3 7ii7 ,membership structure ,the ,director shall ensure that no more than #b concurrently serving members of the ,board qualify for membership on the ,board based predominantly on a single qualification set forth under clause 7i74 2 7#b7 by redesignating paragraphs 7#e7 through 7#g7 as paragraphs 7#f7 through 7#h71 respectively2 7#c7 by inserting after paragraph 7#d7 the following3 7#e7 ,charter ,the ,director shall establish a charter for the ,board that includes the following3 7,a7 ,mandatory processes for identifying potential conflicts of interest1 including the submission of initial and periodic financial disclosures by ,board members4 7,b7 ,the vetting of potential conflicts of interest by the designated agency ethics official1 except that no individual waiver may be granted for a conflict of interest identified with respect to the ,chair of the ,board4 7,c7 ,the establishment of a process and associated protections for any whistleblower alleging a violation of applicable conflict of interest law1 ,federal contracting law1 or other provision of law4 2 and 7#d7 in paragraph 7#h71 as redesignated by paragraph 7#b71 by striking ,september #cj1 #bjbd and inserting ,august #ca1 #bjbg4 #cjf4 ,national ,intelligence ,university acceptance of grants 7a7 ,in general ,subtitle ,d of title ,x of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cbbg et seq47 is amended by adding at the end the following3 #ajce4 ,national ,intelligence ,university acceptance of grants 7a7 ,authority ,the ,director of ,national ,intelligence may authorize the ,president of the ,national ,intelligence ,university to accept qualifying research grants4 7b7 ,qualifying grants ,a qualifying research grant under this section is a grant that is awarded on a competitive basis by an entity referred to in subsection 7c7 for a research project with a scientific1 literary1 or educational purpose4 7c7 ,entities from which grants may be accepted ,a qualifying research grant may be accepted under this section only from a ,federal agency or from a corporation1 fund1 foundation1 educational institution1 or similar entity that is organized and operated primarily for scientific1 literary1 or educational purposes4 7d7 ,administration of grant funds 7#a7 ,establishment of account ,the ,director shall establish an account for administering funds received as qualifying research grants under this section4 7#b7 ,use of funds ,the ,president of the ,university shall use the funds in the account established pursuant to paragraph 7#a7 in accordance with applicable provisions of the regulations and the terms and conditions of the grants received4 7e7 ,related expenses ,subject to such limitations as may be provided in appropriations ,acts1 appropriations available for the ,national ,intelligence ,university may be used to pay expenses incurred by the ,university in applying for1 and otherwise pursuing1 the award of qualifying research grants4 7f7 ,regulations ,the ,director of ,national ,intelligence shall prescribe regulations for the administration of this section4 4 7b7 ,clerical amendment ,the table of contents preceding section #b of such ,act is amended by inserting after the item relating to section #ajcd the following new item3 ,sec4 #ajce4 ,national ,intelligence ,university acceptance of grants4 4 #cjg4 ,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 section 7and conforming the table of contents at the beginning of such ,act accordingly73 #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 means-- 7,a7 the ,select ,committee on ,intelligence of the ,senate2 7,b7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives2 7,c7 the ,subcommittee on ,defense of the ,committee on ,appropriations of the ,senate2 and 7,d7 the ,subcommittee on ,defense of the ,committee on ,appropriations of the ,house of ,representatives4 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 property owned1 leased1 or controlled by the ,agency1 property controlled and occupied by the ,federal ,highway ,administration1 located immediately adjacent to the headquarters compound of the ,agency1 and property owned1 leased1 or controlled by the ,office of the ,director of ,national ,intelligence where the property-- 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 impacted airspace1 through a risk-based assessment for purposes of this section2 7,b7 is located in the ,united ,states and beneath airspace that is prohibited or restricted by the ,federal ,aviation ,administration2 7,c7 is a property of which ,congress has been notified is covered under this paragraph2 and 7,d7 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 #cjja7 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 ,oral communication ,the term oral communication has the meaning given such term in section #beaj of title #ah1 ,united ,states ,code4 7#i7 ,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#aj7 ,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 impacts 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 impacts to 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 impacts to 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 the effects of any actions taken under subsection 7c77#a7 to the ,national ,airspace ,system and infrastructure 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#aa7 ,united ,states ,the term ,united ,states has the meaning given that term in section #e of title #ah1 ,united ,states ,code4 7#ab7 ,unmanned aircraft2 unmanned aircraft system ,the terms unmanned aircraft and unmanned aircraft system have the meanings given those 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 or sections #cb1 #ajcj1 and #acfg and chapters #aai and #bjf of title #ah1 ,united ,states ,code1 or section #gje of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fje71 the ,director may take1 and may authorize ,agency personnel with assigned duties that include the security or protection of people1 facilities1 or assets within the ,united ,states to take-- 7#a7 such actions described in subsection 7c77#a7 that are necessary to 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#c74 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 passive or active and by direct or indirect physical1 electronic1 radio1 or 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 interfering1 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 over 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 ,coordination ,the ,director shall develop the actions described in paragraph 7#a7 in coordination with the ,secretary of ,transportation4 7#c7 ,research1 testing1 training1 and evaluation 7,a7 ,in general ,the ,director shall conduct research1 testing1 training on1 and evaluation of 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 7,b7 ,personnel ,personnel and contractors who do not have assigned duties that include the security or protection of people1 facilities1 or assets may engage in research1 testing1 training1 and evaluation activities pursuant to subparagraph 7,a74 7#d7 ,,faa coordination ,the ,director shall coordinate with the ,administrator of the ,federal ,aviation ,administration on any action described in paragraph 7#a7 or 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 that is seized pursuant to subsection 7b7 as described in subsection 7c77#a7 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 or 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 necessary for the investigation or prosecution of a violation of law1 to fulfill a duty1 responsibility1 or function of the ,agency1 is required under ,federal law1 or for the purpose of any litigation2 and 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 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 7b72 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 request of the ,agency for each fiscal year after fiscal year #bjbe1 a consolidated funding display that identifies the funding source for the actions described in subsection 7c77#a7 within the ,agency4 7#b7 ,form ,each funding display submitted pursuant to paragraph 7#a7 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 the ,intelligence ,authorization ,act for ,fiscal ,year #bjbe 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 include1 for the period covered by the briefing1 the following3 7,a7 ,policies1 programs1 and procedures to mitigate or eliminate the effects of the activities described in paragraph 7#a7 to 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 affected 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 statutes1 regulations1 and policies that impede the ability of the ,agency to counter the threat posed by the malicious use of unmanned aircraft systems and unmanned aircraft 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 ,notification 7,a7 ,in general ,within #cj days of 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 deployment of such technology4 7,b7 ,contents ,each notification submitted pursuant to subparagraph 7,a7 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 ,termination 7#a7 ,in general ,except as provided in paragraph 7#b71 the authority to carry out this section with respect to the actions specified in subparagraphs 7,b7 through 7,f7 of subsection 7c77#a71 shall terminate on the date that is #d years after the date of the enactment of the ,intelligence ,authorization ,act for ,fiscal ,year #bjbe4 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 7k7 ,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 4 #cjh4 ,limitation on availability of funds for new controlled access programs ,none of the funds authorized to be appropriated by this ,act or otherwise made available for fiscal year #bjbe for the ,national ,intelligence ,program may be obligated or expended for any controlled access program 7as defined in section #eja;,a7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjia;a7d7771 or a compartment or subcompartment therein1 that is established on or after the date of the enactment of this ,act1 until the head of the element of the intelligence community responsible for the establishment of such program1 compartment1 or subcompartment1 submits the notification required by section #eja;,a7b7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjia;a7b774 #cji4 ,limitation on transfers from controlled access programs ,section #eja;,a7b7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjia;a7b77 is amended-- 7#a7 in the subsection heading1 by striking ,limitation on ,establishment and inserting ,limitations2 7#b7 by striking ,a head and inserting the following3 7#a7 ,establishment ,a head 2 and 7#c7 by adding at the end the following3 7#b7 ,transfers ,a head of an element of the intelligence community may not transfer a capability from a controlled access program1 including from a compartment or subcompartment therein to a compartment or subcompartment of another controlled access program1 to a special access program 7as defined in section #aaeb7;g7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #aiid 7#ej ,u4,s4,c4 #ccdh7;g7771 or to anything else outside the controlled access program1 until the head submits to the appropriate congressional committees and congressional leadership notice of the intent of the head to make such transfer4 4 #caj4 ,expenditure of funds for certain intelligence and counterintelligence activities of the ,coast ,guard ,the ,commandant of the ,coast ,guard may use up to #a percent of the amounts made available for the ,national ,intelligence ,program 7as such term is defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc77 for each fiscal year for intelligence and counterintelligence activities of the ,coast ,guard relating to objects of a confidential1 extraordinary1 or emergency nature1 which amounts may be accounted for solely on the certification of the ,commandant and each such certification shall be considered to be a sufficient voucher for the amount contained in the certification4 #caa4 ,unauthorized access to intelligence community property 7a7 ,in general ,the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjja et seq47 is amended by adding at the end the following3 #aaae4 ,unauthorized access to intelligence community property 7a7 ,in general ,it shall be unlawful1 within the jurisdiction of the ,united ,states1 without authorization to access any property that-- 7#a7 is under the jurisdiction of an element of the intelligence community2 and 7#b7 has been clearly marked as closed or restricted4 7b7 ,penalties ,any person who violates subsection 7a7 shall-- 7#a7 in the case of the first offense1 be fined under title #ah1 ,united ,states ,code1 imprisoned for not more than #ahj days1 or both2 7#b7 in the case of the second offense1 be fined under such title1 imprisoned for not more than #c years1 or both2 and 7#c7 in the case of the third or subsequent offense1 be fined under such title1 imprisoned for not more than #aj years1 or both4 4 7b7 ,clerical amendment ,the table of contents preceding section #b of such ,act is amended by adding at the end the following3 ,sec4 #aaae4 ,unauthorized access to intelligence community property4 4 #cab4 ,strengthening of ,office of ,intelligence and ,analysis 7a7 ,in general ,section #caa of title #ca1 ,united ,states ,code1 is amended to read as follows3 #caa4 ,office of ,economic ,intelligence and ,security 7a7 ,definitions ,in this section1 the terms counterintelligence1 foreign intelligence1 and intelligence community have the meanings given such terms in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 7b7 ,establishment ,there is established within the ,office of ,terrorism and ,financial ,intelligence of the ,department of the ,treasury1 the ,office of ,economic ,intelligence and ,security 7in this section referred to as the ,office71 which shall-- 7#a7 be responsible for the receipt1 analysis1 collation1 and dissemination of foreign intelligence and foreign counterintelligence information relating to the operation and responsibilities of the ,department of the ,treasury and other ,federal agencies executing economic statecraft tools that do not include any elements that are elements of the intelligence community2 7#b7 provide intelligence support and economic analysis to ,federal agencies implementing ,united ,states economic policy1 including for purposes of global strategic competition2 and 7#c7 have such other related duties and authorities as may be assigned by the ,secretary for purposes of the responsibilities described in paragraph 7#a71 subject to the authority1 direction1 and control of the ,secretary1 in consultation with the ,director of ,national ,intelligence4 7c7 ,assistant ,secretary for ,economic ,intelligence and ,security ,the ,office shall be headed by an ,assistant ,secretary1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 ,the ,assistant ,secretary shall report directly to the ,undersecretary for ,terrorism and ,financial ,crimes4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #c of such title is amended by striking the item relating to section #caa and inserting the following3 #caa4 ,office of ,economic ,intelligence and ,security4 4 7c7 ,conforming amendment ,section #c7d77;,j7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc7d77;,j77 is amended by striking ,office of ,intelligence and ,analysis and inserting ,office of ,economic ,intelligence and ,security4 7d7 ,references ,any reference in a law1 regulation1 document1 paper1 or other record of the ,united ,states to the ,office of ,intelligence and ,analysis of the ,department of the ,treasury shall be deemed a reference to the ,office of ,economic ,intelligence and ,security of the ,department of the ,treasury4 #cac4 ,report on sensitive commercially available information 7a7 ,definitions 7#a7 ,commercially available information ,the term commercially available information means-- 7,a7 any data or other information of the type customarily made available or obtainable and sold1 leased1 or licensed to members of the general public or to non-governmental entities for purposes other than governmental purposes2 or 7,b7 data and information for exclusive government use knowingly and voluntarily provided by1 procured from1 or made accessible by corporate entities on their own initiative or at the request of a government entity4 7#b7 ,personally identifiable information ,the term personally identifiable information means information that1 alone or when combined with other information regarding an individual1 can be used to distinguish or trace the identity of such individual4 7#c7 ,sensitive activities ,the term sensitive activities means activities that1 over an extended period of time-- 7,a7 establish a pattern of life2 7,b7 reveal personal affiliations1 preferences1 or identifiers2 7,c7 facilitate prediction of future acts2 7,d7 enable targeting activities2 7,e7 reveal the exercise of individual rights and freedoms1 including the rights to freedom of speech and of the press1 to free exercise of religion1 to peaceably assemble1 including membership or participation in organizations or associations1 and to petition the government2 or 7,f7 reveal any other activity the disclosure of which could cause substantial harm1 embarrassment1 inconvenience1 or unfairness to the ,united ,states person who engaged in the activity4 7#d7 ,sensitive commercially available information ,the term sensitive commercially available information-- 7,a7 means commercially available information that is known or reasonably expected to contain-- 7i7 a substantial volume of personally identifiable information regarding ,united ,states persons2 or 7ii7 a greater than de minims volume of sensitive data2 7,b7 shall not include-- 7i7 newspapers or other periodicals2 7ii7 weather reports2 7iii7 books2 7iv7 journal articles or other published works2 7v7 public filings or records2 7vi7 documents or databases similar to those described in clauses 7i7 through 7v71 whether accessed through a subscription or accessible free of cost2 or 7vii7 limited data samples made available to elements of the intelligence community for the purposes of allowing such elements to determine whether to purchase the full dataset and not accessed1 retained1 or used for any other purpose4 7#e7 ,sensitive data ,the term sensitive data means data that-- 7,a7 7i7 captures personal attributes1 conditions1 or identifiers that are traceable to #a or more specific ,united ,states persons1 either through the dataset or by correlating the dataset with other available information2 and 7ii7 concerns the race or ethnicity1 political opinions1 religious beliefs1 sexual orientation1 gender identity1 medical or genetic information1 financial data1 or any other data with respect to such specific ,united ,states person or ,united ,states persons the disclosure of which would have the potential to cause substantial harm1 embarrassment1 inconvenience1 or unfairness to the ,united ,states person or ,united ,states persons described by the data2 or 7,b7 captures the sensitive activities of #a or more ,united ,states persons4 7#f7 ,united ,states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 7,b7 an unorganized association substantially composed of ,united ,states citizens or permanent resident aliens2 or 7,c7 an entity organized under the laws of the ,united ,states or of any jurisdiction within the ,united ,states1 with the exception of any such entity directed or controlled by a foreign government4 7b7 ,report 7#a7 ,in general ,not later than #fj days after the date of the enactment of this ,act1 and annually thereafter1 the head of each element of the intelligence community shall submit to the congressional intelligence committees a report on the access to1 collection1 processing1 and use of sensitive commercially available information by the respective element4 7#b7 ,contents 7,a7 ,in general ,for each dataset containing sensitive commercially available information accessed1 collected1 processed1 or used by the element concerned for purposes other than research and development1 a report required by paragraph 7#a7 shall include the following3 7i7 ,a description of the nature and volume of the sensitive commercially available information accessed or collected by the element4 7ii7 ,a description of the mission or administrative need or function for which the sensitive commercially available information is accessed or collected1 and of the nature1 scope1 reliability1 and timeliness of the dataset required to fulfill such mission or administrative need or function4 7iii7 ,a description of the purpose of the access1 collection1 or processing1 and the intended use of the sensitive commercially available information4 7iv7 ,an identification of the legal authority for the collection or access1 and processing of the sensitive commercially available information4 7v7 ,an identification of the source of the sensitive commercially available information and the persons from whom the sensitive commercially available information was accessed or collected4 7vi7 ,a description of the mechanics of the access1 collection1 and processing of the sensitive commercially available information1 including the ,federal entities that participated in the procurement process4 7vii7 ,a description of the method by which the element has limited the access to and collection and processing of the sensitive commercially available information to the maximum extent feasible consistent with the need to fulfill the mission or administrative need4 7viii7 ,an assessment of whether the mission or administrative need can be fulfilled if reasonably available privacy-enhancing techniques1 such as filtering or anonymizing1 the application of traditional safeguards1 including access limitations and retention limits1 differential privacy techniques1 or other information-masking techniques1 such as restrictions or correlation1 are implemented with respect to information concerning ,united ,states persons4 7ix7 ,an assessment of the privacy and civil liberties risks associated with accessing1 collecting1 or processing the data and the methods by which the element mitigates such risks4 7x7 ,an assessment of the applicability of section #eeb;a of title #e1 ,united ,states ,code 7commonly referred to as the ,privacy ,act of #aigd71 if any4 7xi7 ,to the extent feasible1 an assessment of the original source of the data and the method through which the dataset was generated and aggregated1 and whether any element of the intelligence community previously accessed or collected the same or similar sensitive commercially available information from the source4 7xii7 ,an assessment of the quality and integrity of the data1 including1 as appropriate1 whether the sensitive commercially available information reflects any underlying biases or inferences1 and efforts to ensure that any intelligence products created with the data are consistent with the standards of the intelligence community for accuracy and objectivity4 7xiii7 ,an assessment of the security1 operational1 and counterintelligence risks associated with the means of accessing or collecting the data1 and recommendations for how the element could mitigate such risks4 7xiv7 ,a description of the system in which the data is retained and processed and how the system is properly secured while allowing for effective implementation1 management1 and audit1 as practicable1 of relevant privacy and civil liberties protections4 7xv7 ,an assessment of security risks posed by the system architecture of vendors providing sensitive commercially available information or access to such sensitive commercially available information1 access restrictions for the data repository of each such vendor1 and the vendor's access to query terms and1 if any1 relevant safeguards4 7xvi7 ,a description of procedures to restrict access to the sensitive commercially available information4 7xvii7 ,a description of procedures for conducting1 approving1 documenting1 and auditing queries1 searches1 or correlations with respect to the sensitive commercially available information4 7xviii7 ,a description of procedures for restricting dissemination of the sensitive commercially available information1 including deletion of information of ,united ,states persons returned in response to a query or other search unless the information is assessed to be associated or potentially associated with the documented mission-related justification for the query or search4 7xix7 ,a description of masking and other privacy-enhancing techniques used by the element to protect sensitive commercially available information4 7xx7 ,a description of any retention and deletion policies4 7xxi7 ,a determination of whether unevaluated data or information has been made available to other elements of the intelligence community or foreign partners and1 if so1 identification of those elements or partners4 7xxii7 ,a description of any licensing agreements or contract restrictions with respect to the sensitive commercially available information4 7xxiii7 ,a data management plan for the lifecycle of the data1 from access or collection to disposition4 7xxiv7 ,for any item required by clauses 7i7 through 7xxiii7 that cannot be completed due to exigent circumstances relating to collecting1 accessing1 processing1 or using sensitive commercially available information1 a description of such exigent circumstances4 7,b7 ,research and development data ,for each dataset containing sensitive commercially available information accessed1 collected1 processed1 or used by the element concerned solely for research and development purposes1 a report required by paragraph 7#a7 may be limited to a description of the oversight by the element of such access1 collection1 process1 and use4 7c7 ,public report ,the ,director of ,national ,intelligence shall make available to the public1 once every #b years1 a report on the policies and procedures of the intelligence community with respect to access to and collection1 processing1 and safeguarding of sensitive commercially available information4 #cad4 ,policy on collection of ,united ,states location information 7a7 ,definitions ,in this section3 7#a7 ,united ,states location information ,the term ,united ,states location information means information derived or otherwise calculated from the transmission or reception of a radio signal that reveals the approximate or actual geographic location of a customer1 subscriber1 user1 or device in the ,united ,states1 or1 if the customer1 subscriber1 or user is known to be a ,united ,states person1 outside the ,united ,states4 7#b7 ,united ,states person ,the term ,united ,states person has the meaning given that term in section #aja of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahja74 7b7 ,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 ,attorney ,general1 shall issue a policy on the collection of ,united ,states location information by the intelligence community4 7c7 ,content ,the policy required by subsection 7a7 shall address the filtering1 segregation1 use1 dissemination1 masking1 and retention of ,united ,states location information4 7d7 ,form2 public availability ,the policy required by subsection 7a7-- 7#a7 shall be issued in unclassified form and made available to the public2 and 7#b7 may include a classified annex1 which the ,director of ,national ,intelligence shall submit to the congressional intelligence committees4 #cae4 ,display of flags1 seals1 and emblems other than the ,united ,states flag 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 ,national ,intelligence ,program ,the term ,national ,intelligence ,program has the meaning given such term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 7b7 ,in general ,any flag1 seal1 or emblem that is not the ,united ,states flag and is flown1 draped1 projected1 or otherwise displayed as a visual and symbolic representation at a property1 office1 or other official location of an element of the intelligence community-- 7#a7 shall be smaller than the official ,united ,states flag2 and 7#b7 if flown1 may not be displayed higher than or above the ,united ,states flag4 7c7 ,limitation on availability of funds for displaying and flying flags ,none of the funds authorized to be appropriated by this ,act or otherwise made available for fiscal year #bjbe for the ,national ,intelligence ,program1 may be obligated or expended to fly or display a flag over a facility of an element of the intelligence community other than the following3 7#a7 ,the ,united ,states flag4 7#b7 ,the ,,pow_/,,mia flag4 7#c7 ,the ,hostage and ,wrongful ,detainee flag1 pursuant to section #ijd of title #cf1 ,united ,states ,code4 7#d7 ,the flag of a ,state1 insular area1 or the ,district of ,columbia at a domestic location4 7#e7 ,the flag of an ,indian ,tribal ,government4 7#f7 ,the official branded flag of an ,executive agency4 7#g7 ,the flag of an element1 flag officer1 or general officer of the ,armed ,forces4 ,,iv ,countering foreign threats ,a ,people's ,republic of ,china #dja4 ,strategy and outreach on risks posed by ,people's ,republic of ,china smartport technology 7a7 ,strategy and outreach required ,the ,director of the ,national ,counterintelligence and ,security ,center shall develop a strategy and conduct outreach to ,united ,states industry1 including shipping companies1 port operators1 and logistics firms1 on the risks of smartport technology of the ,people's ,republic of ,china and other related risks posed by entities of the ,people's ,republic of ,china1 including ,,logink1 ,china ,ocean ,shipping ,company1 ,limited 7,,cosco71 ,china ,communications ,construction ,company1 ,limited 7,,cccc71 ,china ,media ,group 7,,cmg71 and ,shanghai ,zhenhua ,heavy ,industries ,company ,limited 7,,zpmc71 to the national security of the ,united ,states1 the security of ,united ,states supply chains1 and commercial activity1 including with respect to delays1 interruption1 and lockout of access to systems and technologies that enable the free flow of commerce4 7b7 ,consistency with statutes and ,executive ,orders ,the ,director shall carry out subsection 7a7 in a manner that is consistent with the following3 7#a7 ,part #f of title #cc1 ,code of ,federal ,regulations1 as amended by ,executive ,order #adaaf 7#hi ,fed4 ,reg4 #aciga2 relating to amending regulations relating to the safeguarding of vessels1 harbors1 ports1 and waterfront facilities of the ,united ,states4 7#b7 ,executive ,order #adjag 7#hf ,fed4 ,reg4 #aahdi2 relating to ,america's supply chains71 or successor order4 7#c7 ,section #hbe of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbd 7,public ,law #aah-ca74 7c7 ,coordination ,the ,director shall carry out subsection 7a7 in coordination with the ,commandant of the ,coast ,guard1 the ,director of the ,federal ,bureau of ,investigation1 the ,commander of the ,office of ,naval ,intelligence1 and such other heads of ,federal agencies as the ,director considers appropriate4 #djb4 ,assessment of current status of biotechnology of ,people's ,republic of ,china 7a7 ,assessment ,not later than #cj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall1 in consultation with the ,director of the ,national ,counterproliferation and ,biosecurity ,center and such heads of elements of the intelligence community as the ,director of ,national ,intelligence considers appropriate1 conduct an assessment of the current status of the biotechnology of the ,people's ,republic of ,china1 which shall include an assessment of how the ,people's ,republic of ,china is supporting the biotechnology sector through both licit and illicit means1 such as foreign direct investment1 subsidies1 talent recruitment1 or other efforts4 7b7 ,report 7#a7 ,in general ,not later than #cj days after the date on which the ,direct of ,national ,intelligence completes the assessment required by subsection 7a71 the ,director shall submit to the congressional intelligence committees a report on the findings of the ,director with respect to the assessment4 7#b7 ,form ,the report submitted pursuant to paragraph 7#a7 shall be submitted in unclassified form1 but may include a classified annex4 #djc4 ,intelligence sharing with law enforcement agencies on synthetic opioid precursor chemicals originating in ,people's ,republic of ,china 7a7 ,strategy required ,the ,director of ,national ,intelligence shall1 in consultation with the head of the ,office of ,national ,security ,intelligence of the ,drug ,enforcement ,administration1 the ,under ,secretary of ,homeland ,security for ,intelligence and ,analysis1 and the heads of such other agencies as the ,director considers appropriate1 develop a strategy to ensure robust intelligence sharing relating to the illicit trafficking of synthetic opioid precursor chemicals from the ,people's ,republic of ,china and other source countries4 7b7 ,mechanism for collaboration ,the ,director shall develop a mechanism so that subject matter experts in elements of the ,federal ,government other than elements in the intelligence community1 including those without security clearances1 can share information with the intelligence community relating to illicit trafficking described in subsection 7a74 #djd4 ,report on efforts of the ,people's ,republic of ,china to evade ,united ,states transparency and national security regulations 7a7 ,report required ,the ,director of ,national ,intelligence shall submit to the congressional intelligence committees a report on efforts of the ,people's ,republic of ,china to evade the following3 7#a7 ,identification under section #abfj;,h of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7,public ,law #aaf-bhc2 #aj ,u4,s4,c4 #aac note74 7#b7 ,restrictions or limitations imposed by any of the following3 7,a7 ,section #hje of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbd 7,public ,law #aah-ca74 7,b7 ,section #hhi of the ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai 7,public ,law #aae-bcb2 #da ,u4,s4,c4 #cija note prec474 7,c7 ,the list of specially designated nationals and blocked persons maintained by the ,office of ,foreign ,assets ,control of the ,department of the ,treasury 7commonly known as the ,,sdn list74 7,d7 ,the ,entity ,list maintained by the ,bureau of ,industry and ,security of the ,department of ,commerce and set forth in ,supplement ,no4 #d to part #gdd of title #ae1 ,code of ,federal ,regulations4 7,e7 ,commercial or dual-use export controls under the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhja et seq47 and the ,export ,administration ,regulations4 7,f7 ,executive ,order #adaje 7#hh ,fed4 ,reg4 #edhfg2 relating to addressing ,united ,states investments in certain national security technologies and products in countries of concern71 or successor order4 7,g7 ,import restrictions on products made with forced labor implemented by ,u4,s4 ,customs and ,border ,protection pursuant to ,public ,law #aag-gh 7#bb ,u4,s4,c4 #fija note74 7b7 ,form ,the report submitted pursuant to subsection 7a7 shall be submitted in unclassified form4 #dje4 ,plan for recruitment of ,mandarin speakers 7a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall submit to the appropriate congressional committees a comprehensive plan to prioritize the recruitment and training of individuals who speak ,mandarin ,chinese for each element of the intelligence community4 7b7 ,appropriate congressional committees ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,senate2 and 7#b7 the ,permanent ,select ,committee on ,intelligence and the ,committee on the ,judiciary of the ,house of ,representatives4 ,b ,the ,russian ,federation #daa4 ,assessment of ,russian ,federation sponsorship of acts of international terrorism 7a7 ,definitions ,in this section-- 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,select ,committee on ,intelligence1 the ,committee on ,foreign ,relations1 and the ,committee on ,armed ,services of the ,senate2 and 7,b7 the ,permanent ,select ,committee on ,intelligence1 the ,committee on ,foreign ,affairs1 and the ,committee on ,armed ,services of the ,house of ,representatives4 7#b7 ,foreign terrorist organization ,the term foreign terrorist organization means an organization that has been designated as a foreign terrorist organization by the ,secretary of ,state1 pursuant to section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi74 7#c7 ,specially designated global terrorist organization ,the term specially designated global terrorist organization means an organization that has been designated as a specially designated global terrorist by the ,secretary of ,state or the ,secretary1 pursuant to ,executive ,order #acbbd 7#ej ,u4,s4,c4 #agja note2 relating to blocking property and prohibiting transactions with persons who commit1 threaten to commit1 or support terrorism74 7#d7 ,state sponsor of terrorism ,the term state sponsor of terrorism means a country the government of which the ,secretary of ,state has determined has repeatedly provided support for acts of international terrorism1 for purposes of-- 7,a7 section #aged7;c77#a77;,a77i7 of the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhac7;c77#a77;,a77i772 7,b7 section #fbj;,a of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcga72 7,c7 section #dj7;d7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bghj7;d772 or 7,d7 any other provision of law4 7b7 ,assessment required ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall conduct and submit to the appropriate congressional committees an assessment on the extent to which the ,russian ,federation-- 7#a7 provides support for acts of international terrorism2 and 7#b7 cooperates with the antiterrorism efforts of the ,united ,states4 7c7 ,elements ,the assessment required by subsection 7b7 shall include the following3 7#a7 ,a list of all instances in which the ,russian ,federation1 or an official of the ,russian ,federation1 has failed to show support for or cooperate with the ,united ,states on international efforts to combat terrorism1 such as apprehending1 prosecuting1 or extraditing suspected and known terrorists1 including members of foreign terrorist organizations1 and sharing intelligence to deter terrorist attacks4 7#b7 ,a list of all instances in which the ,russian ,federation1 or an official of the ,russian ,federation1 has provided financial1 material1 technical1 or lethal support to foreign terrorist organizations1 specially designated global terrorist organizations1 state sponsors of terrorism1 or for acts of international terrorism4 7#c7 ,a list of all instances in which the ,russian ,federation1 or an official of the ,russian ,federation1 has willfully aided or abetted-- 7,a7 the international proliferation of nuclear explosive devices to persons2 7,b7 a person in acquiring unsafeguarded special nuclear material2 or 7,c7 the efforts of a person to use1 develop1 produce1 stockpile1 or otherwise acquire chemical1 biological1 or radiological weapons4 7#d7 ,a determination of whether the activities of the ,wagner ,group constitute acts of international terrorism and whether such activities continue under any of the successor entities of the ,wagner ,group1 including ,afrika ,corps4 7d7 ,form ,the assessment required by subsection 7b7 shall be submitted in unclassified form1 but may include a classified annex4 7e7 ,briefings ,not later than #cj days after submission of the assessment required by subsection 7b71 the ,director of ,national ,intelligence shall provide a classified briefing to the appropriate congressional committees on the methodology and findings of the assessment4 #dab4 ,assessment of likely course of war in ,ukraine 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence1 in collaboration with the ,director of the ,defense ,intelligence ,agency and the ,director of the ,central ,intelligence ,agency1 shall submit to the congressional intelligence committees an assessment of the likely course of the war in ,ukraine through ,december #ca1 #bjbe4 7b7 ,elements ,the assessment required by subsection 7a7 shall include an assessment of each of the following3 7#a7 ,the ability of the military of ,ukraine to defend against ,russian aggression if the ,united ,states does1 or does not1 continue to provide military and economic assistance to ,ukraine during the period described in such subsection4 7#b7 ,the likely course of the war during such period if the ,united ,states does1 or does not1 continue to provide military and economic assistance to ,ukraine4 7#c7 ,the ability and willingness of countries in ,europe and outside of ,europe to continue to provide military and economic assistance to ,ukraine if the ,united ,states does1 or does not1 do so1 including the ability of such countries to make up for any shortfall in ,united ,states assistance4 7#d7 ,the effects of a potential defeat of ,ukraine by the ,russian ,federation on the potential for further aggression from the ,russian ,federation1 the ,people's ,republic of ,china1 the ,islamic ,republic of ,iran1 and the ,democratic ,people's ,republic of ,korea4 7c7 ,form ,the assessment required by subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex4 ,c ,international terrorism #dba4 ,inclusion of ,hamas1 ,hezbollah1 ,al-,qaeda1 and ,,isis officials and members among aliens engaged in terrorist activity ,section #bab7;a77#c77;,b77i7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7;a77#c77;,b77 is amended1 in the undesignated matter following subparagraph 7,,ix71 by striking or spokesman of the ,palestine ,liberation ,organization and inserting spokesperson1 or member of the ,palestine ,liberation ,organization1 ,hamas1 ,hezbollah1 ,al-,qaeda1 ,,isis1 or any successor or affiliate group1 or who endorses or espouses terrorist activities conducted by any of the aforementioned groups14 #dbb4 ,assessment and report on the threat of ,,isis-,khorasan to the ,united ,states 7a7 ,in general ,not later than #fj days after the date of the enactment of this ,act1 the ,director of the ,national ,counterterrorism ,center1 in coordination with such elements of the intelligence community as the ,director considers relevant1 shall-- 7#a7 conduct an assessment of the threats to the ,united ,states and ,united ,states citizens posed by ,,isis-,khorasan2 and 7#b7 submit to the congressional intelligence committees a written report on the findings of the assessment4 7b7 ,report elements ,the report required by subsection 7a7 shall include the following3 7#a7 ,a description of the historical evolution of ,,isis-,khorasan1 beginning with ,al-,qaeda and the attacks on the ,united ,states on ,september #aa1 #bjja4 7#b7 ,a description of the ideology and stated intentions of ,,isis-,khorasan as related to the ,united ,states and the interests of the ,united ,states1 including the homeland4 7#c7 ,a list of all terrorist attacks worldwide attributable to ,,isis-,khorasan or for which ,,isis-,khorasan claimed credit1 beginning on ,january #a1 #bjae4 7#d7 ,a description of the involvement of ,,isis-,khorasan in ,afghanistan before1 during1 and after the withdrawal of ,united ,states military and civilian personnel and resources in ,august #bjba4 7#e7 ,the recruiting and training strategy of ,,isis-,khorasan following the withdrawal described in paragraph 7#d71 including-- 7,a7 the geographic regions in which ,,isis-,khorasan is physically present2 7,b7 regions from which ,,isis-,khorasan is recruiting2 and 7,c7 its ambitions for individual actors worldwide and in the ,united ,states4 7#f7 ,a description of the relationship between ,,isis-,khorasan and ,,isis core1 the ,taliban1 ,al-,qaeda1 and other terrorist groups1 as appropriate4 7#g7 ,a description of the association of members of ,,isis-,khorasan with individuals formerly detained at ,united ,states ,naval ,station1 ,guantanamo ,bay1 ,cuba4 7#h7 ,a description of ,,isis-,khorasan's development of1 and relationships with1 travel facilitation networks in ,europe1 ,central ,asia1 ,eurasia1 and ,latin ,america4 7#i7 ,an assessment of ,,isis-,khorasan's understanding of the border and immigration policies and enforcement of the ,united ,states4 7#aj7 ,an assessment of the known travel of members of ,,isis-,khorasan within the ,western ,hemisphere and specifically across the southern border of the ,united ,states4 7c7 ,form ,the report required by subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex4 #dbc4 ,terrorist financing prevention 7a7 ,definitions ,in this section3 7#a7 ,digital asset ,the term digital asset means any digital representation of value that is recorded on a cryptographically secured distributed ledger or any similar technology1 or another implementation which was designed and built as part of a system to leverage or replace blockchain or distributed ledger technology or their derivatives4 7#b7 ,digital asset protocol ,the term digital asset protocol means any communication protocol1 smart contract1 or other software-- 7,a7 deployed through the use of distributed ledger or similar technology2 and 7,b7 that provides a mechanism for users to interact and agree to the terms of a trade for digital assets4 7#c7 ,foreign digital asset transaction facilitator ,the term foreign digital asset transaction facilitator means any foreign person or group of foreign persons that1 as determined by the ,secretary1 controls1 operates1 or makes available a digital asset protocol or similar facility1 or otherwise materially assists in the purchase1 sale1 exchange1 custody1 or other transaction involving an exchange or transfer of value using digital assets4 7#d7 ,foreign financial institution ,the term foreign financial institution has the meaning given that term under section #efa4cjh of title #ca1 ,code of ,federal ,regulations4 7#e7 ,foreign person ,the term foreign person means an individual or entity that is not a ,united ,states person4 7#f7 ,foreign terrorist organization ,the term foreign terrorist organization means an organization that has been designated as a foreign terrorist organization by the ,secretary of ,state1 pursuant to section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi74 7#g7 ,good ,the term good means any article1 natural or manmade substance1 material1 supply1 or manufactured product1 including inspection and test equipment1 and excluding technical data4 7#h7 ,secretary ,the term ,secretary means the ,secretary of the ,treasury4 7#i7 ,specially designated global terrorist organization ,the term specially designated global terrorist organization means an organization that has been designated as a specially designated global terrorist by the ,secretary of ,state or the ,secretary1 pursuant to ,executive ,order #acbbd 7#ej ,u4,s4,c4 #agja note2 relating to blocking property and prohibiting transactions with persons who commit1 threaten to commit1 or support terrorism74 7#aj7 ,united ,states person ,the term ,united ,states person means-- 7,a7 an individual who is a ,united ,states citizen or an alien lawfully admitted for permanent residence to the ,united ,states2 7,b7 an entity organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states1 including a foreign branch of such an entity2 or 7,c7 any person in the ,united ,states4 7b7 ,sanctions with respect to foreign financial institutions and foreign digital asset transaction facilitators that engage in certain transactions 7#a7 ,mandatory identification ,not later than #fj days after the date of enactment of this ,act1 and periodically thereafter1 the ,secretary shall identify and submit to the ,president a report identifying any foreign financial institution or foreign digital asset transaction facilitator that has knowingly-- 7,a7 facilitated a significant financial transaction with-- 7i7 a ,foreign ,terrorist ,organization2 7ii7 a specially designated global terrorist organization2 or 7iii7 a person identified on the list of specially designated nationals and blocked persons maintained by the ,office of ,foreign ,assets ,control of the ,department of the ,treasury1 the property and interests in property of which are blocked pursuant to the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq47 for acting on behalf of or at the direction of1 or being owned or controlled by1 a foreign terrorist organization or a specially designated global terrorist organization2 or 7,b7 engaged in money laundering to carry out an activity described in subparagraph 7,a74 7#b7 ,imposition of sanctions 7,a7 ,foreign financial institutions ,the ,president shall prohibit1 or impose strict conditions on1 the opening or maintaining of a correspondent account or a payable-through account in the ,united ,states by a foreign financial institution identified under paragraph 7#a74 7,b7 ,foreign digital asset transaction facilitators ,the ,president1 pursuant to such regulations as the ,president may prescribe1 shall prohibit any transactions between any person subject to the jurisdiction of the ,united ,states and a foreign digital asset transaction facilitator identified under paragraph 7#a74 7#c7 ,implementation and penalties 7,a7 ,implementation ,the ,president may exercise all authorities provided under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb1 #agjd7 to the extent necessary to carry out this ,act4 7,b7 ,penalties ,the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 shall apply to a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of regulations prescribed under this section to the same extent that such penalties apply to a person that commits an unlawful act described in subsection 7a7 of such section #bjf4 7#d7 ,procedures for judicial review of classified information 7,a7 ,in general ,if a finding under this subsection1 or a prohibition1 condition1 or penalty imposed as a result of any such finding1 is based on classified information 7as defined in section #a7;a7 of the ,classified ,information ,procedures ,act 7#ah ,u4,s4,c4 ,app4771 the ,secretary may submit to a court reviewing the finding or the imposition of the prohibition1 condition1 or penalty such classified information ex parte and in camera4 7,b7 ,rule of construction ,nothing in this paragraph shall be construed to confer or imply any right to judicial review of any finding under this subsection or any prohibition1 condition1 or penalty imposed as a result of any such finding4 7#e7 ,waiver for national security ,the ,secretary may waive the imposition of sanctions under this subsection with respect to a person if the ,secretary-- 7,a7 determines that such a waiver is in the national interests of the ,united ,states2 and 7,b7 submits to ,congress a notification of the waiver and the reasons for the waiver4 7#f7 ,exception for intelligence activities ,this subsection shall not apply with respect to any activity subject to the reporting requirements under title ,v of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjia et seq47 or any authorized intelligence activities of the ,united ,states4 7#g7 ,exception relating to importation of goods ,the authorities and requirements under this section shall not include the authority or a requirement to impose sanctions on the importation of goods4 7c7 ,special measures for modern threats ,section #ecah;,a of title #ca1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b77;,c71 by striking subsection 7b77#e7 and inserting paragraphs 7#e7 and 7#f7 of subsection 7b72 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#e71 by striking for or on behalf of a foreign banking institution2 and 7,b7 by adding at the end the following3 7#f7 ,prohibitions or conditions on certain transmittals of funds ,if the ,secretary finds a jurisdiction outside of the ,united ,states1 #a or more financial institutions operating outside of the ,united ,states1 #a or more types of accounts within1 or involving1 a jurisdiction outside of the ,united ,states1 or #a or more classes of transactions within1 or involving1 a jurisdiction outside of the ,united ,states to be of primary money laundering concern1 the ,secretary1 in consultation with the ,secretary of ,state1 the ,attorney ,general1 and the ,chairman of the ,board of ,governors of the ,federal ,reserve ,system1 may prohibit1 or impose conditions upon1 certain transmittals of funds 7as such term may be defined by the ,secretary in a special measure issuance1 by regulation1 or as otherwise permitted by law71 to or from any domestic financial institution or domestic financial agency if such transmittal of funds involves any such jurisdiction1 institution1 type of account1 class of transaction1 or type of account4 4 7d7 ,funding ,there is authorized to be appropriated to the ,secretary such funds as are necessary to carry out the purposes of this section4 ,d ,other foreign threats #dca4 ,assessment of visa-free travel to and within ,western ,hemisphere by nationals of countries of concern 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall submit to the congressional intelligence committees a written assessment of the impacts to national security caused by travel without a visa to and within countries in the ,western ,hemisphere by nationals of countries of concern4 7b7 ,form ,the assessment required by subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex4 7c7 ,countries of concern defined ,in this section1 the term countries of concern means-- 7#a7 the ,russian ,federation2 7#b7 the ,people's ,republic of ,china2 7#c7 the ,islamic ,republic of ,iran2 7#d7 the ,syrian ,arab ,republic2 7#e7 the ,democratic ,people's ,republic of ,korea2 7#f7 the ,bolivarian ,republic of ,venezuela2 and 7#g7 the ,republic of ,cuba4 #dcb4 ,study on threat posed by foreign investment in ,united ,states agricultural land 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 ,agriculture1 ,nutrition1 and ,forestry1 the ,committee on ,foreign ,relations1 and the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 and 7,b7 the ,permanent ,select ,committee on ,intelligence1 the ,committee on ,agriculture1 the ,committee on ,foreign ,affairs1 and the ,committee on ,financial ,services of the ,house of ,representatives4 7#b7 ,director ,the term ,director means the ,director of ,national ,intelligence4 7#c7 ,nonmarket economy country ,the term nonmarket economy country has the meaning given that term in section #gga7ah7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7ah774 7b7 ,study and briefing 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,director1 in coordination with the elements of the intelligence community the ,director considers appropriate and with the ,secretary of ,state1 the ,secretary of ,agriculture1 and the ,secretary of the ,treasury1 shall-- 7,a7 complete a study on the threat posed to the ,united ,states by foreign investment in agricultural land in the ,united ,states2 and 7,b7 provide to the appropriate committees of ,congress a briefing on the results of the study4 7#b7 ,data ,in conducting the study required by paragraph 7#a71 the ,director shall process and analyze relevant data collected by the ,secretary of ,state1 the ,secretary of ,agriculture1 and the ,secretary of the ,treasury1 including the information submitted to the ,secretary of ,agriculture under section #b of the ,agricultural ,foreign ,investment ,disclosure ,act of #aigh 7#g ,u4,s4,c4 #ceja74 7#c7 ,elements ,the study required by paragraph 7#a7 shall include the following3 7,a7 ,data and an analysis of agricultural land holdings1 including current and previous uses of the land disaggregated by sector and industry1 in each county in the ,united ,states held by a foreign person from-- 7i7 a country identified as a country that poses a risk to the national security of the ,united ,states in the most recent annual report on worldwide threats issued by the ,director pursuant to section #ajh;,b of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjdc;b7 7commonly known as the ,annual ,threat ,assessment72 7ii7 a nonmarket economy country2 or 7iii7 any other country that the ,director determines to be appropriate4 7,b7 ,an analysis of the proximity of the agricultural land holdings to critical infrastructure and military installations4 7,c7 ,an assessment of the threats posed to the national security of the ,united ,states by malign actors that use foreign investment in agricultural land in the ,united ,states4 7,d7 ,an assessment of warning indicators and methods by which to detect potential threats from the use by foreign adversaries of agricultural products for nefarious ends4 7,e7 ,an assessment of additional resources or authorities necessary to counter threats identified during the study4 #dcc4 ,assessment of threat posed by citizenship-by-investment programs 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,foreign ,relations1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,select ,committee on ,intelligence1 and the ,committee on the ,judiciary of the ,senate2 and 7,b7 the ,committee on ,homeland ,security1 the ,committee on ,foreign ,affairs1 the ,committee on ,financial ,services1 the ,permanent ,select ,committee on ,intelligence1 and the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary for ,intelligence and ,analysis of the ,department of the ,treasury4 7#c7 ,citizenship-by-investment program ,the term citizenship-by-investment program means an immigration1 investment1 or other program of a foreign country that1 in exchange for a covered contribution1 authorizes the individual making the covered contribution to acquire citizenship in such country1 including temporary or permanent residence that may serve as the basis for subsequent naturalization4 7#d7 ,covered contribution ,the term covered contribution means-- 7,a7 an investment in1 or a monetary donation or any other form of direct or indirect capital transfer to1 including through the purchase or rental of real estate-- 7i7 the government of a foreign country2 or 7ii7 any person1 business1 or entity in such a foreign country2 and 7,b7 a donation to1 or endowment of1 any activity contributing to the public good in such a foreign country4 7#e7 ,director ,the term ,director means the ,director of ,national ,intelligence4 7b7 ,assessment of threat posed by citizenship-by-investment programs 7#a7 ,assessment ,not later than #a year after the date of the enactment of this ,act1 the ,director and the ,assistant ,secretary1 in coordination with the heads of the other elements of the intelligence community and the head of any appropriate ,federal agency1 shall complete an assessment of the threat posed to the ,united ,states by citizenship-by-investment programs4 7#b7 ,elements ,the assessment required by paragraph 7#a7 shall include the following3 7,a7 ,an identification of each citizenship-by-investment program1 including an identification of the foreign country that operates each such program4 7,b7 ,with respect to each citizenship-by-investment program identified under subparagraph 7,a7-- 7i7 a description of the types of investments required under the program2 and 7ii7 an identification of the sectors to which an individual may make a covered contribution under the program4 7,c7 ,an assessment of the threats posed to the national security of the ,united ,states by malign actors that use citizenship-by-investment programs-- 7i7 to evade sanctions or taxes2 7ii7 to facilitate or finance-- 7,i7 crimes relating to national security1 including terrorism1 weapons trafficking or proliferation1 cybercrime1 drug trafficking1 human trafficking1 and espionage2 or 7,,ii7 any other activity that furthers the interests of a foreign adversary or undermines the integrity of the immigration laws or security of the ,united ,states2 or 7iii7 to undermine the ,united ,states and its interests through any other means identified by the ,director and the ,assistant ,secretary4 7,d7 ,an identification of the foreign countries the citizenship-by-investment programs of which pose the greatest threat to the national security of the ,united ,states4 7#c7 ,report and briefing 7,a7 ,report 7i7 ,in general ,not later than #ahj days after completing the assessment required by paragraph 7#a71 the ,director and the ,assistant ,secretary shall jointly submit to the appropriate committees of ,congress a report on the findings of the ,director and the ,assistant ,secretary with respect to the assessment4 7ii7 ,elements ,the report required by clause 7i7 shall include the following3 7,i7 ,a detailed description of the threats posed to the national security of the ,united ,states by citizenship-by-investment programs4 7,,ii7 ,recommendations for additional resources or authorities necessary to counter such threats4 7,,iii7 ,a description of opportunities to counter such threats4 7iii7 ,form ,the report required by clause 7i7 shall be submitted in unclassified form but may include a classified annex1 as appropriate4 7,b7 ,briefing ,not later than #ij days after the date on which the report required by subparagraph 7,a7 is submitted1 the ,director and ,assistant ,secretary shall provide the appropriate committees of ,congress with a briefing on the report4 #dcd4 ,mitigating the use of ,united ,states components and technology in hostile activities by foreign adversaries 7a7 ,findings ,congress finds the following3 7#a7 ,foreign defense material1 including advanced military and intelligence capabilities1 continues to rely heavily on products and services sourced from the ,united ,states4 7#b7 ,iran drones operating against ,ukraine were found to include several ,united ,states components4 7#c7 ,the components described in paragraph 7#b7 came from #ac different ,united ,states companies and are integral to the operation of the drones4 7#d7 ,the ,chinese spy balloon that flew across the ,united ,states in #bjbc used a ,united ,states internet service provider to communicate4 7#e7 ,the connection allowed the balloon to send burst transmissions1 or high-bandwidth collections of data over short periods4 7#f7 ,foreign adversaries and affiliated foreign defense companies frequently acquire components and services1 sourced from the ,united ,states1 through violation of ,united ,states export control laws4 7b7 ,supply chain risk mitigation ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall1 in collaboration with such heads of elements of the intelligence community as the ,director considers appropriate1 develop and commence implementation of a strategy to work with ,united ,states companies to mitigate or disrupt the acquisition and use of ,united ,states components in the conduct of activities harmful to the national security of the ,united ,states4 7c7 ,goal ,the goal of the strategy required by subsection 7b7 shall be to inform and provide intelligence support to government and private sector entities in preventing ,united ,states components and technologies from aiding or supporting hostile or harmful activities conducted by foreign adversaries of the ,united ,states4 7d7 ,consultation ,in developing and implementing the strategy required by subsection 7b71 the ,director of ,national ,intelligence-- 7#a7 shall consult with the ,secretary of ,commerce1 the ,secretary of ,defense1 and the ,secretary of ,homeland ,security2 and 7#b7 may consult with such other heads of ,federal departments or agencies as the ,director of ,national ,intelligence considers appropriate4 7e7 ,annual reports ,not later than #a year after the date of the enactment of this ,act and annually thereafter until the date that is #c years after the date of the enactment of this ,act1 the ,director shall submit to ,congress an annual report on the status and effect of the implementation of the strategy required by subsection 7b74 #dce4 ,office of ,intelligence and ,counterintelligence review of visitors and assignees 7a7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,select ,committee on ,intelligence and the ,committee on ,energy and ,natural ,resources of the ,senate2 and 7,b7 the ,permanent ,select ,committee on ,intelligence and the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#b7 ,assignee2 visitor ,the terms assignee and visitor mean a foreign national from a country identified in the report submitted to ,congress by the ,director of ,national ,intelligence in #bjbd pursuant to section #ajh;,b of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjdc;b7 7commonly referred to as the 8,annual ,threat ,assessment07 as engaging in competitive behavior that directly threatens ,u4,s4 national security1 who is not an employee of a ,national ,laboratory1 and has requested access to the premises1 information1 or technology of a ,national ,laboratory4 7#c7 ,director ,the term ,director means the ,director of the ,office of ,intelligence and ,counterintelligence of the ,department of ,energy 7or their designee74 7#d7 ,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#e7 ,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#f7 ,non-traditional collector ,the term non-traditional collector means an individual not employed by a foreign intelligence service1 who is seeking access to sensitive information about a capability1 research1 or organizational dynamics of the ,united ,states to inform a foreign adversary or non-state actor4 7b7 ,findings ,the ,senate finds the following3 7#a7 ,the ,national ,laboratories conduct critical1 cutting-edge research across a range of scientific disciplines that provide the ,united ,states with a technological edge over other countries4 7#b7 ,the technologies developed in the ,national ,laboratories contribute to the national security of the ,united ,states1 including classified and sensitive military technology and dual-use commercial technology4 7#c7 ,international cooperation in the field of science is critical to the ,united ,states maintaining its leading technological edge4 7#d7 ,the research enterprise of the ,department of ,energy1 including the ,national ,laboratories1 is increasingly targeted by adversarial nations to exploit military and dual-use technologies for military or economic gain4 7#e7 ,approximately #dj1jjj citizens of foreign countries1 including more than #h1jjj citizens from ,china and ,russia1 were granted access to the premises1 information1 or technology of ,national ,laboratories in fiscal year #bjbc4 7#f7 ,the ,office of ,intelligence and ,counterintelligence of the ,department of ,energy is responsible for identifying and mitigating counterintelligence risks to the ,department1 including the ,national ,laboratories4 7c7 ,sense of the ,senate ,it is the sense of the ,senate that1 before being granted access to the premises1 information1 or technology of a ,national ,laboratory1 citizens of foreign countries identified in the #bjbd ,annual ,threat ,assessment of the intelligence community as engaging in competitive behavior that directly threatens ,u4,s4 national security should be appropriately screened by the ,national ,laboratory to which they seek access1 and by the ,office of ,intelligence and ,counterintelligence of the ,department1 to identify and mitigate risks associated with granting the requested access to sensitive military1 or dual-use technologies4 7d7 ,review of sensitive country visitor and assignee access requests ,the ,director shall promulgate a policy to assess the counterintelligence risk each visitor or assignee poses to the research or activities undertaken at a ,national ,laboratory4 7e7 ,advice with respect to visitors or assignees 7#a7 ,in general ,the ,director shall provide advice to a ,national ,laboratory on visitors and assignees when #a or more of the following conditions are present3 7,a7 ,the ,director has reason to believe that a visitor or assignee is a non-traditional intelligence collector4 7,b7 ,the ,director is in receipt of information indicating that a visitor or assignee constitutes a counterintelligence risk to a ,national ,laboratory4 7#b7 ,advice described ,advice provided to a ,national ,laboratory in accordance with paragraph 7#a7 shall include-- 7,a7 a description of the assessed risk2 7,b7 recommendations to mitigate the risk2 and 7,c7 identification of research or technology that would be at risk if access is granted to the visitor or assignee concerned4 7f7 ,reports to ,congress ,not later than #ij days after the date of the enactment of this ,act1 and quarterly thereafter1 the ,director shall submit to the appropriate congressional committees a report1 which shall include-- 7#a7 the number of visitors or assignees permitted to access the premises1 information1 or technology of each ,national ,laboratory2 7#b7 the number of instances in which the ,director advised a ,national ,laboratory in accordance with subsection 7e72 and 7#c7 the number of instances in which a ,national ,laboratory admitted a visitor or assignee against the advice of the ,director4 #dcf4 ,prohibition on ,national ,laboratories admitting certain foreign nationals 7a7 ,definitions ,in this section3 7#a7 ,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 days4 7#b7 ,covered foreign national 7,a7 ,in general ,the term covered foreign national means a foreign national of any of the following countries3 7i7 ,the ,people's ,republic of ,china4 7ii7 ,the ,russian ,federation4 7iii7 ,the ,islamic ,republic of ,iran4 7iv7 ,the ,democratic ,people's ,republic of ,korea4 7v7 ,the ,republic of ,cuba4 7,b7 ,exclusion ,the term covered foreign national does not include an individual that is lawfully admitted for permanent residence 7as defined in section #aja7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a7774 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 ,senior counterintelligence official ,the term senior counterintelligence official means-- 7,a7 the ,director of the ,federal ,bureau of ,investigation2 7,b7 the ,deputy ,director of the ,federal ,bureau of ,investigation2 7,c7 the ,executive ,assistant ,director of the ,national ,security ,branch of the ,federal ,bureau of ,investigation2 or 7,d7 the ,assistant ,director of the ,counterintelligence ,division of the ,federal ,bureau of ,investigation4 7#f7 ,visitor ,the term visitor 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 any period shorter than a period described in paragraph 7#a74 7b7 ,prohibition 7#a7 ,in general ,except as provided in paragraph 7#b71 beginning on the date of enactment of this ,act1 a ,national ,laboratory-- 7,a7 shall not admit as a visitor or assignee any covered foreign national2 and 7,b7 shall prohibit access to any visitor or assignee that is a covered foreign national and has sought or obtained approval to access the premises1 information1 or technology of the ,national ,laboratory as of that date4 7#b7 ,waiver ,paragraph 7#a7 shall not apply to a ,national ,laboratory if the ,secretary of ,energy1 in consultation with the ,director of the ,office of ,intelligence and ,counterintelligence of the ,department of ,energy and a senior counterintelligence official1 certifies and issues a waiver to the ,national ,laboratory requesting to admit a covered foreign national as a visitor or assignee1 in writing1 that the benefits to the ,united ,states of admittance or access by that covered foreign national outweigh the national security and economic risks to the ,united ,states4 7#c7 ,notification to ,congress ,not later than #cj days after the date that a waiver is issued pursuant to paragraph 7#b71 the ,secretary of ,energy shall submit to the ,select ,committee on ,intelligence of the ,senate1 the ,committee on ,energy and ,natural ,resources of the ,senate1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a notification describing each waiver issued pursuant to paragraph 7#b71 including-- 7,a7 the country of origin of the covered foreign national who is the subject of the waiver2 7,b7 the date of the request by the covered foreign national for admission or access to a ,national ,laboratory2 7,c7 the date on which the decision to issue the waiver was made2 and 7,d7 the specific reasons for issuing the waiver4 #dcg4 ,quarterly report on certain foreign nationals encountered at the ,united ,states border 7a7 ,definitions ,in this section3 7#a7 ,encountered ,the term encountered1 with respect to a special interest alien1 means physically apprehended by ,u4,s4 ,customs and ,border ,protection personnel4 7#b7 ,special interest alien ,the term special interest alien means an alien 7as defined in section #aja7;a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#c77 who1 based upon an analysis of travel patterns and other information available to the ,united ,states ,government1 potentially poses a threat to the national security of the ,united ,states and its interests due to a known or potential nexus to terrorism1 espionage1 organized crime1 or other malign actors4 7b7 ,in general ,not later than #fj days after the date of the enactment of this ,act1 and quarterly thereafter for the following #c years1 the ,secretary of ,homeland ,security1 in coordination with the ,director of ,national ,intelligence1 shall publish1 on a publicly accessible website of the ,department of ,homeland ,security1 a report identifying the aggregate number of special interest aliens who1 during the applicable reporting period-- 7#a7 have been encountered at or near an international border of the ,united ,states2 and 7#b7 7,a7 have been released from custody2 7,b7 are under supervision2 7,c7 are being detained by the ,department of ,homeland ,security2 or 7,d7 have been removed from the ,united ,states4 #dch4 ,assessment of the lessons learned by the intelligence community with respect to the ,israel-,hamas war 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence1 in consultation with such other heads of elements of the intelligence community as the ,director considers appropriate1 shall submit to the appropriate committees of ,congress a written assessment of the lessons learned from the ,israel-,hamas war4 7b7 ,elements ,the assessment required by subsection 7a7 shall include the following3 7#a7 ,lessons learned from the timing and scope of the ,october #g1 #bjbc attack by ,hamas against ,israel1 including lessons related to ,united ,states intelligence cooperation with ,israel and other regional partners4 7#b7 ,lessons learned from advances in warfare1 including the use by adversaries of a complex tunnel network4 7#c7 ,lessons learned from attacks by adversaries against maritime shipping routes in the ,red ,sea4 7#d7 ,lessons learned from the use by adversaries of rockets1 missiles1 and unmanned aerial systems1 including attacks by ,iran4 7#e7 ,analysis of the impact of the ,israel-,hamas war on the global security environment1 including the war in ,ukraine4 7c7 ,form ,the assessment required by subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex4 7d7 ,appropriate committees of ,congress defined ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the congressional intelligence committees2 7#b7 the ,committee on ,armed ,services and the ,committee on ,appropriations of the ,senate2 and 7#c7 the ,committee on ,armed ,services and the ,committee on ,appropriations of the ,house of ,representatives4 #dci4 ,central ,intelligence ,agency intelligence assessment on ,tren de ,aragua 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,director of the ,central ,intelligence ,agency1 in consultation with such other heads of elements of the intelligence community as the ,director considers appropriate1 shall submit to the appropriate committees of ,congress an intelligence assessment on the gang known as ,tren de ,aragua4 7b7 ,elements ,the intelligence assessment required by subsection 7a7 shall include the following3 7#a7 ,a description of the key leaders1 organizational structure1 subgroups1 presence in countries in the ,western ,hemisphere1 and cross-border illicit drug smuggling routes of ,tren de ,aragua4 7#b7 ,a description of the practices used by ,tren de ,aragua to generate revenue4 7#c7 ,a description of the level at which ,tren de ,aragua receives support from the regime of ,nicols ,maduro in ,venezuela4 7#d7 ,a description of the manner in which ,tren de ,aragua is exploiting heightened migratory flows out of ,venezuela and throughout the ,western ,hemisphere to expand its operations4 7#e7 ,a description of the degree to which ,tren de ,aragua cooperates or competes with other criminal organizations in the ,western ,hemisphere4 7#f7 ,an estimate of the annual revenue received by ,tren de ,aragua from the sale of illicit drugs1 kidnapping1 and human trafficking1 disaggregated by activity4 7#g7 ,a determination on whether ,tren ,de ,aragua meets the definition of significant transnational criminal organization in section #c of ,executive ,order #aceha 7#gf ,fed4 ,reg4 #ddgeg2 relating to blocking property of transnational criminal organizations71 as amended by ,executive ,order #achfc 7#hd ,fed4 ,reg4 #ajbee2 relating to taking additional steps to address the national emergency with respect to significant transnational criminal organizations74 7#h7 ,any other information the ,director of the ,central ,intelligence ,agency considers relevant4 7c7 ,form ,the intelligence assessment required by subsection 7a7 may be submitted in classified form4 7d7 ,definition of appropriate committees of ,congress ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the congressional intelligence committees2 7#b7 the ,committee on ,foreign ,relations1 the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 and the ,committee on ,appropriations of the ,senate2 and 7#c7 the ,committee on ,foreign ,affairs1 the ,committee on ,homeland ,security1 and the ,committee on ,appropriations of the ,house of ,representatives4 #ddj4 ,assessment of ,maduro regime's economic and security relationships with state sponsors of terrorism and foreign terrorist organizations 7a7 ,in general ,not later than #ij days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall submit to the congressional intelligence committees a written assessment of the economic and security relationships of the regime of ,nicols ,maduro of ,venezuela with the countries and organizations described in subsection 7b71 including formal and informal support to and from such countries and organizations4 7b7 ,countries and organizations described ,the countries and organizations described in this subsection are the following3 7#a7 ,the following countries designated by the ,united ,states as state sponsors of terrorism3 7,a7 ,the ,republic of ,cuba4 7,b7 ,the ,islamic ,republic of ,iran4 7#b7 ,the following organizations designated by the ,united ,states as foreign terrorist organizations3 7,a7 ,the ,national ,liberation ,army 7,,eln74 7,b7 ,the ,revolutionary ,armed ,forces of ,colombia-,people's ,army 7,,farc-,,ep74 7,c7 ,the ,segunda ,marquetalia4 7c7 ,form ,the assessment required by subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex4 #dda4 ,continued congressional oversight of ,iranian expenditures supporting foreign military and terrorist activities 7a7 ,update required ,not later than #ij days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall submit to the congressional intelligence committees an update to the report submitted under section #fgje of the ,damon ,paul ,nelson and ,matthew ,young ,pollard ,intelligence ,authorization ,act for ,fiscal ,years #bjah1 #bjai1 and #bjbj 7#bb ,u4,s4,c4 #idab7 to reflect current occurrences1 circumstances1 and expenditures4 7b7 ,form ,the update submitted pursuant to subsection 7a7 shall be submitted in unclassified form1 but may include a classified annex4 ,v ,emerging technologies #eja4 ,strategy to counter foreign adversary efforts to utilize biotechnologies in ways that threaten ,united ,states national security 7a7 ,sense of ,congress ,it is the sense of ,congress that as biotechnologies become increasingly important with regard to the national security interests of the ,united ,states1 and with the addition of biotechnologies to the biosecurity mission of the ,national ,counterproliferation and ,biosecurity ,center1 the intelligence community must articulate and implement a whole-of-government strategy for addressing concerns relating to biotechnologies4 7b7 ,strategy for biotechnologies critical to national security 7#a7 ,strategy required ,not later than #ij days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall1 acting through the ,director of the ,national ,counterproliferation and ,biosecurity ,center and in coordination with the heads of such other elements of the intelligence community as the ,director of ,national ,intelligence considers appropriate1 develop and submit to the congressional intelligence committees a whole-of-government strategy to address concerns relating to biotechnologies4 7#b7 ,elements ,the strategy developed and submitted pursuant to paragraph 7#a7 shall include the following3 7,a7 ,identification and assessment of biotechnologies critical to the national security of the ,united ,states1 including an assessment of which materials involve a dependency on foreign adversary nations4 7,b7 ,a determination of how best to counter foreign adversary efforts to utilize biotechnologies that threaten the national security of the ,united ,states1 including technologies identified pursuant to paragraph 7#a74 7,c7 ,a plan to support ,united ,states efforts and capabilities to secure the ,united ,states supply chains of the technologies identified pursuant to paragraph 7#a71 by coordinating-- 7i7 across the intelligence community2 7ii7 the support provided by the intelligence community to other relevant ,federal agencies and policymakers2 7iii7 the engagement of the intelligence community with private sector entities2 and 7iv7 how the intelligence community can support securing ,united ,states supply chains for and use of biotechnologies4 7,d7 ,proposals for such legislative or administrative action as the ,directors consider necessary to support the strategy4 #ejb4 ,improvements to the roles1 missions1 and objectives of the ,national ,counterproliferation and ,biosecurity ,center ,section #aai;,a of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjeg7 is amended-- 7#a7 in subsection 7a77#d71 by striking biosecurity and and inserting counterproliferation1 biosecurity1 and2 and 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a71 by striking analyzing and2 7ii7 in subparagraph 7,c71 by striking ,establishing and inserting ,coordinating the establishment of2 7iii7 in subparagraph 7,d71 by striking ,disseminating and inserting ,overseeing the dissemination of2 7iv7 in subparagraph 7,e71 by inserting and coordinating after ,conducting2 and 7v7 in subparagraph 7,g71 by striking ,conducting and inserting ,coordinating and advancing2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,b71 by striking and analysis2 7ii7 by redesignating subparagraphs 7,c7 through 7,e7 as subparagraphs 7,d7 through 7,f71 respectively2 7iii7 by inserting after subparagraph 7,b7 the following3 7,c7 ,overseeing and coordinating the analysis of intelligence on biosecurity and foreign biological threats in support of the intelligence needs of ,federal departments and agencies responsible for public health1 including by providing analytic priorities to elements of the intelligence community and by conducting and coordinating net assessments4 2 7iv7 in subparagraph 7,d71 as redesignated by clause 7ii71 by inserting on matters relating to biosecurity and foreign biological threats after public health2 7v7 in subparagraph 7,f71 as redesignated by clause 7ii71 by inserting and authorities after capabilities2 and 7vi7 by adding at the end the following3 7,g7 ,coordinating with relevant elements of the intelligence community and other ,federal departments and agencies responsible for public health to engage with private sector entities on information relevant to biosecurity1 biotechnology1 and foreign biological threats4 4 #ejc4 ,enhancing capabilities to detect foreign adversary threats relating to biological data ,not later than #ij days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall1 in consultation with the heads of such ,federal departments and agencies as the ,director considers appropriate1 take the following steps to standardize and enhance the capabilities of the intelligence community to detect foreign adversary threats relating to biological data3 7#a7 ,prioritize the collection1 analysis1 and dissemination of information relating to foreign adversary use of biological data1 particularly in ways that threaten or could threaten the national security of the ,united ,states4 7#b7 ,issue policy guidance within the intelligence community-- 7,a7 to standardize the handling and processing of biological data1 including with respect to protecting the civil liberties and privacy of ,united ,states persons2 7,b7 to standardize and enhance intelligence engagements with foreign allies and partners with respect to biological data2 and 7,c7 to standardize the creation of metadata relating to biological data4 7#c7 ,ensure coordination with such ,federal departments and agencies and entities in the private sector as the ,director considers appropriate to understand how foreign adversaries are accessing and using biological data stored within the ,united ,states4 #ejd4 ,national security procedures to address 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 as well as areas such as object recognition1 natural language processing1 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 and advanced computation capabilities 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 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 ,procedures required ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall develop and issue procedures to facilitate and promote mechanisms by which-- 7#a7 vendors of advanced computation capabilities1 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 system2 7#b7 elements of the ,federal ,government may provide threat briefings to vendors of advanced computation capabilities and vendors of artificial intelligence systems1 alerting them1 as may be appropriate1 to potential or confirmed foreign exploitation of their systems1 as well as malign foreign plans and intentions4 7c7 ,briefing required 7#a7 ,appropriate committees of ,congress ,in this subsection1 the term appropriate committees of ,congress means-- 7,a7 the congressional intelligence committees2 7,b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,c7 the ,committee on ,homeland ,security of the ,house of ,representatives4 7#b7 ,in general ,the ,president shall provide the appropriate committees of ,congress a briefing on procedures developed and issued pursuant to subsection 7b74 7#c7 ,elements ,the briefing provided pursuant to paragraph 7#b7 shall include the following3 7,a7 ,a clear specification of which ,federal agencies are responsible for leading outreach to affected industry and the public with respect to the matters described in subparagraphs 7,a7 through 7,e7 of paragraph 7#a7 of subsection 7b7 and paragraph 7#b7 of such subsection4 7,b7 ,an outline of a plan for industry outreach and public education regarding risks posed by1 and directed at1 artificial intelligence systems4 7,c7 ,use of research and development1 stakeholder outreach1 and risk management frameworks established pursuant to-- 7i7 provisions of law in effect on the day before the date of the enactment of this ,act2 or 7ii7 ,federal agency guidelines4 #eje4 ,establishment of ,artificial ,intelligence ,security ,center 7a7 ,establishment ,not later than #ij days after the date of the enactment of this ,act1 the ,director of the ,national ,security ,agency shall establish an ,artificial ,intelligence ,security ,center within the ,cybersecurity ,collaboration ,center of the ,national ,security ,agency4 7b7 ,functions ,the functions of the ,artificial ,intelligence ,security ,center shall be as follows3 7#a7 ,making available a research test bed to private sector and academic researchers1 on a subsidized basis1 to engage in artificial intelligence security research1 including through the secure provision of access in a secure environment to proprietary third-party models1 with the consent of the vendors of the models4 7#b7 ,developing guidance to prevent or mitigate counter-artificial intelligence techniques4 7#c7 ,promoting secure artificial intelligence adoption practices for managers of national security systems 7as defined in section #ceeb of title #dd1 ,united ,states ,code7 and elements of the defense industrial base4 7#d7 ,coordinating with the ,artificial ,intelligence ,safety ,institute of the ,national ,institute of ,standards and ,technology4 7#e7 ,such other functions as the ,director considers appropriate4 7c7 ,test bed requirements 7#a7 ,access and terms of usage 7,a7 ,researcher access ,the ,director shall establish terms of usage governing researcher access to the test bed made available under subsection 7b77#a71 with limitations on researcher publication only to the extent necessary to protect classified information or proprietary information concerning third-party models provided through the consent of model vendors4 7,b7 ,availability to ,federal agencies ,the ,director shall ensure that the test bed made available under subsection 7b77#a7 is also made available to other ,federal agencies on a cost-recovery basis4 7#b7 ,use of certain infrastructure and other resources ,in carrying out subsection 7b77#a71 the ,director shall leverage1 to the greatest extent practicable1 infrastructure and other resources provided under section #e4b of the ,executive ,order dated ,october #cj1 #bjbc 7relating to safe1 secure1 and trustworthy development and use of artificial intelligence74 7d7 ,access to proprietary models ,in carrying out this section1 the ,director shall establish such mechanisms as the ,director considers appropriate1 including potential contractual incentives1 to ensure the provision of access to proprietary models by qualified independent third-party researchers if commercial model vendors have voluntarily provided models and associated resources for such testing4 7e7 ,counter-artificial intelligence defined ,in this section1 the term counter-artificial intelligence means techniques or procedures to extract information about the behavior or characteristics of an artificial intelligence system1 or to learn how to manipulate an artificial intelligence system1 in order to subvert the confidentiality1 integrity1 or availability of an artificial intelligence system or adjacent system4 #ejf4 ,sense of ,congress encouraging intelligence community to increase private sector capital partnerships and partnership with ,office of ,strategic ,capital of ,department of ,defense to secure enduring technological advantages ,it is the sense of ,congress that-- 7#a7 acquisition leaders in the intelligence community should further explore the strategic use of private capital partnerships to secure enduring technological advantages for the intelligence community1 including through the identification1 development1 and transfer of promising technologies to full-scale programs capable of meeting intelligence community requirements2 and 7#b7 the intelligence community should undertake regular consultation with ,federal partners1 such as the ,office of ,strategic ,capital of the ,office of the ,secretary of ,defense1 on best practices and lessons learned from their experiences integrating these resources so as to accelerate attainment of national security objectives4 #ejg4 ,intelligence ,community ,technology ,bridge ,fund 7a7 ,definitions ,in this section3 7#a7 ,nonprofit organization ,the term nonprofit organization means an organization that is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and that is exempt from tax under section #eja7;a7 of such ,code4 7#b7 ,work program ,the term work program means any agreement between ,in-,q-,tel and a third-party company1 where such third-party company furnishes or is furnishing a product or service for use by any of ,in-,q-,tel's government customers to address those customers' technology needs or requirements4 7b7 ,establishment of ,fund ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,intelligence ,community ,technology ,bridge ,fund 7in this subsection referred to as the ,fund7 to assist in the transitioning of products or services from the research and development phase to the contracting and production phase4 7c7 ,contents of fund ,the ,fund shall consist of amounts appropriated to the ,fund1 and amounts in the ,fund shall remain available until expended4 7d7 ,availability and use of ,fund 7#a7 ,in general ,subject to paragraph 7#c71 amounts in the ,fund shall be available to the ,director of ,national ,intelligence to provide assistance to a business or nonprofit organization that is transitioning a product or service4 7#b7 ,types of assistance ,assistance provided under paragraph 7#a7 may be distributed as funds in the form of a grant1 a payment for a product or service1 or a payment for equity4 7#c7 ,requirements for funds ,assistance may be provided under paragraph 7#a7 to a business or nonprofit organization that is transitioning a product or service only if-- 7,a7 the business or nonprofit organization-- 7i7 has participated or is participating in a work program2 or 7ii7 is engaged with an element of the intelligence community or ,department of ,defense for research and development2 and 7,b7 the ,director of ,national ,intelligence or the head of an element of the intelligence community attests that the product or service will be utilized by an element of the intelligence community for a mission need1 such as because it would be valuable in addressing a needed capability1 fill or complement a technology gap1 or increase the supplier base or price-competitiveness for the ,federal ,government4 7#d7 ,priority for small business concerns and nontraditional defense contractors ,in providing assistance under paragraph 7#a71 the ,director shall prioritize the provision of assistance to small business concerns 7as defined under section #c7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a777 and nontraditional defense contractors 7as defined in section #cjad of title #aj1 ,united ,states ,code74 7e7 ,administration of ,fund 7#a7 ,in general ,the ,fund shall be administered by the ,director of ,national ,intelligence4 7#b7 ,consultation ,in administering the ,fund1 the ,director-- 7,a7 shall consult with the heads of the elements of the intelligence community2 and 7,b7 may consult with ,in-,q-,tel1 the ,defense ,advanced ,research ,project ,agency1 the ,north ,atlantic ,treaty ,organization ,investment ,fund1 and the ,defense ,innovation ,unit4 7f7 ,annual reports 7#a7 ,in general ,not later than ,september #cj1 #bjbe1 and each fiscal year thereafter1 the ,director shall submit to the congressional intelligence committees a report on the ,fund4 7#b7 ,contents ,each report submitted pursuant to paragraph 7#a7 shall include1 for the period covered by the report1 information about the following3 7,a7 ,how much was expended or obligated using amounts from the ,fund4 7,b7 ,for what the amounts were expended or obligated4 7,c7 ,the effects of such expenditures and obligations4 7,d7 ,a summary of annual transition activities and outcomes of such activities for the intelligence community4 7#c7 ,form ,each report submitted pursuant to paragraph 7#a7 shall be submitted in unclassified form1 but may include a classified annex4 7g7 ,authorization of appropriations 7#a7 ,in general ,subject to paragraph 7#b71 there is authorized to be appropriated to the ,fund #ge1jjj1jjj for fiscal year #bjbe and for each fiscal year thereafter4 7#b7 ,limitation ,the amount in the ,fund shall not exceed #ge1jjj1jjj at any time4 #ejh4 ,enhancement of authority for intelligence community public-private talent exchanges 7a7 ,focus areas ,subsection 7a7 of section #ecjf of the ,damon ,paul ,nelson and ,matthew ,young ,pollard ,intelligence ,authorization ,act for ,fiscal ,years #bjah1 #bjai1 and #bjbj 7#ej ,u4,s4,c4 #cccd7 is amended-- 7#a7 by striking ,not later than and inserting the following3 7#a7 ,in general ,not later than 2 and 7#b7 by adding at the end the following3 7#b7 ,focus areas ,the ,director shall ensure that the policies1 processes1 and procedures developed pursuant to paragraph 7#a7 include a focus on rotations described in such paragraph with private-sector organizations in the following fields3 7,a7 ,finance4 7,b7 ,acquisition4 7,c7 ,biotechnology4 7,d7 ,computing4 7,e7 ,artificial intelligence4 7,f7 ,business process innovation and entrepreneurship4 7,g7 ,cybersecurity4 7,h7 ,materials and manufacturing4 7,i7 ,any other technology or research field the ,director determines relevant to meet evolving national security threats in technology sectors4 4 7b7 ,duration of temporary details ,subsection 7e7 of section #ecjf of the ,damon ,paul ,nelson and ,matthew ,young ,pollard ,intelligence ,authorization ,act for ,fiscal ,years #bjah1 #bjai1 and #bjbj 7#ej ,u4,s4,c4 #cccd7 is amended-- 7#a7 in paragraph 7#a71 by striking #c years and inserting #e years2 and 7#b7 in paragraph 7#b71 by striking #c years and inserting #e years4 7c7 ,treatment of private-sector employees ,subsection 7g7 of such section is amended-- 7#a7 in paragraph 7#e71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#f71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#g7 shall not be considered to have a conflict of interest with an element of the intelligence community solely because of being detailed to an element of the intelligence community under this section4 4 7d7 ,hiring authority ,such section is amended-- 7#a7 by redesignating subsection 7j7 as subsection 7k72 and 7#b7 by inserting after subsection 7i7 the following3 7j7 ,hiring authority 7#a7 ,in general ,the ,director may hire1 under section #bac4cajb7r7 of title #e1 ,code of ,federal ,regulations1 or successor regulations1 an individual who is an employee of a private-sector organization who is detailed to an element of the intelligence community under this section4 7#b7 ,no personnel billet required ,hiring an individual under paragraph 7#a7 shall not require a personnel billet4 4 7e7 ,annual reports ,not later than #a year after the date of the enactment of this ,act and annually thereafter for #b more years1 the ,director of ,national ,intelligence shall submit to the congressional intelligence committees an annual report on-- 7#a7 the implementation of the policies1 processes1 and procedures developed pursuant to subsection 7a7 of such section #ecjf 7#ej ,u4,s4,c4 #cccd7 and the administration of such section2 7#b7 how the heads of the elements of the intelligence community are using or plan to use the authorities provided under such section2 and 7#c7 recommendations for legislative or administrative action to increase use of the authorities provided under such section4 #eji4 ,enhancing intelligence community ability to acquire emerging technology that fulfills intelligence community needs 7a7 ,definition of work program ,the term work program means any agreement between ,in-,q-,tel and a third-party company1 where such third-party company furnishes or is furnishing a property1 product1 or service for use by any of ,in-,q-,tel's government customers to address those customers' technology needs or requirements4 7b7 ,in general ,in addition to the exceptions listed under section #ccjd7;a7 of title #da1 ,united ,states ,code1 and under section #cbjd7;a7 of title #aj1 ,united ,states ,code1 for the use of competitive procedures1 the ,director of ,national ,intelligence or the head of an element of the intelligence community may use procedures other than competitive procedures to acquire a property1 product1 or service if-- 7#a7 the source of the property1 product1 or service is a company that completed a work program in which the company furnished the property1 product1 or service2 and 7#b7 the ,director of ,national ,intelligence or the head of an element of the intelligence community certifies that such property1 product1 or service has been shown to meet an identified need of the intelligence community4 7c7 ,justification for use of procedures other than competitive procedures 7#a7 ,in general ,a property1 product1 or service may not be acquired by the ,director or the head of an element of the intelligence community under subsection 7b7 using procedures other than competitive procedures unless the acquiring officer for the acquisition justifies the use of such procedures in writing4 7#b7 ,contents ,a justification in writing described in paragraph 7#a7 for an acquisition using procedures other than competitive procedures shall include the following3 7,a7 ,a description of the need of the element of the intelligence community that the property1 product1 or service satisfies4 7,b7 ,a certification that the anticipated costs will be fair and reasonable4 7,c7 ,a description of the market survey conducted or a statement of the reasons a market survey was not conducted4 7,d7 ,such other matters as the ,director or the head1 as the case may be1 determines appropriate4 #eaj4 ,management of artificial intelligence security risks 7a7 ,definitions ,in this section3 7#a7 ,artificial intelligence safety incident ,the term artificial intelligence safety incident means an event that increases the risk that operation of an artificial intelligence system will-- 7,a7 result in physical or psychological harm2 or 7,b7 lead to a state in which human life1 health1 property1 or the environment is endangered4 7#b7 ,artificial intelligence security incident ,the term artificial intelligence security incident means an event that increases-- 7,a7 the risk that operation of an artificial intelligence system occurs in a way that enables the extraction of information about the behavior or characteristics of an artificial intelligence system by a third party2 or 7,b7 the ability of a third party to manipulate an artificial intelligence system to subvert the confidentiality1 integrity1 or availability of an artificial intelligence system or adjacent system4 7#c7 ,artificial intelligence security vulnerability ,the term artificial intelligence security vulnerability means a weakness in an artificial intelligence system that could be exploited by a third party to1 without authorization1 subvert the confidentiality1 integrity1 or availability of an artificial intelligence system1 including through techniques such as-- 7,a7 data poisoning2 7,b7 evasion attacks2 7,c7 privacy-based attacks2 and 7,d7 abuse attacks4 7#d7 ,counter-artificial intelligence ,the term counter-artificial intelligence means techniques or procedures to extract information about the behavior or characteristics of an artificial intelligence system1 or to learn how to manipulate an artificial intelligence system1 so as to subvert the confidentiality1 integrity1 or availability of an artificial intelligence system or adjacent system4 7b7 ,voluntary tracking and processing of security and safety incidents and risks associated with artificial intelligence 7#a7 ,processes and procedures for vulnerability management ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of the ,national ,institute of ,standards and ,technology shall-- 7,a7 initiate a process to update processes and procedures associated with the ,national ,vulnerability ,database of the ,institute to ensure that the database and associated vulnerability management processes incorporate artificial intelligence security vulnerabilities to the greatest extent practicable2 and 7,b7 identify any characteristics of artificial intelligence security vulnerabilities that make utilization of the ,national ,vulnerability ,database inappropriate for their management and develop processes and procedures for vulnerability management of those vulnerabilities4 7#b7 ,voluntary tracking of artificial intelligence security and artificial intelligence safety incidents 7,a7 ,voluntary database required ,not later than #a year after the date of the enactment of this ,act1 the ,director of the ,institute1 in coordination with the ,director of the ,cybersecurity and ,infrastructure ,security ,agency1 shall-- 7i7 develop and establish a comprehensive database to publicly track artificial intelligence security and artificial intelligence safety incidents through voluntary input2 and 7ii7 in establishing the database under clause 7i7-- 7,i7 establish mechanisms by which private sector entities1 public sector organizations1 civil society groups1 and academic researchers may voluntarily share information with the ,institute on confirmed or suspected artificial intelligence security or artificial intelligence safety incidents1 in a manner that preserves the confidentiality of any affected party2 7,,ii7 leverage1 to the greatest extent possible1 standardized disclosure and incident description formats2 7,,iii7 develop processes to associate reports pertaining to the same incident with a single incident identifier2 7,,iv7 establish classification1 information retrieval1 and reporting mechanisms that sufficiently differentiate between artificial intelligence security incidents and artificial intelligence safety incidents2 and 7,v7 create appropriate taxonomies to classify incidents based on relevant characteristics1 impact1 or other relevant criteria4 7,b7 ,identification and treatment of material artificial intelligence security or artificial intelligence safety risks 7i7 ,in general ,upon receipt of relevant information on an artificial intelligence security or artificial intelligence safety incident1 the ,director of the ,institute shall determine whether the described incident presents a material artificial intelligence security or artificial intelligence safety risk sufficient for inclusion in the database developed and established under subparagraph 7,a74 7ii7 ,priorities ,in evaluating a reported incident pursuant to subparagraph 7,a71 the ,director shall prioritize inclusion in the database cases in which a described incident-- 7,i7 describes an artificial intelligence system used in critical infrastructure or safety-critical systems2 7,,ii7 would result in a high-severity or catastrophic impact to the people or economy of the ,united ,states2 or 7,,iii7 includes an artificial intelligence system widely used in commercial or public sector contexts4 7,c7 ,reports and anonymity ,the ,director shall populate the database developed and established under subparagraph 7,a7 with incidents based on public reports and information shared using the mechanism established pursuant to clause 7ii77,i7 of such subparagraph1 ensuring that any incident description sufficiently anonymizes those affected1 unless those who are affected have consented to their names being included in the database4 7c7 ,updating processes and procedures relating to ,common ,vulnerabilities and ,exposures ,program and evaluation of consensus standards relating to artificial intelligence security vulnerability reporting 7#a7 ,definitions ,in this subsection3 7,a7 ,common ,vulnerabilities and ,exposures ,program ,the term ,common ,vulnerabilities and ,exposures ,program means the reference guide and classification system for publicly known information security vulnerabilities sponsored by the ,cybersecurity and ,infrastructure ,security ,agency4 7,b7 ,director ,the term ,director means the ,director of the ,cybersecurity and ,infrastructure ,security ,agency4 7,c7 ,relevant congressional committees ,the term relevant congressional committees means-- 7i7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7ii7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7iii7 the ,select ,committee on ,intelligence of the ,senate2 7iv7 the ,committee on the ,judiciary of the ,senate2 7v7 the ,committee on ,oversight and ,accountability of the ,house of ,representatives2 7vi7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 7vii7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives2 and 7viii7 the ,committee on the ,judiciary of the ,house of ,representatives4 7#b7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,director shall-- 7,a7 initiate a process to update processes and procedures associated with the ,common ,vulnerabilities and ,exposures ,program to ensure that the program and associated processes identify and enumerate artificial intelligence security vulnerabilities to the greatest extent practicable2 and 7,b7 identify any characteristic of artificial intelligence security vulnerabilities that makes utilization of the ,common ,vulnerabilities and ,exposures ,program inappropriate for their management and develop processes and procedures for vulnerability identification and enumeration of those artificial intelligence security vulnerabilities4 7#c7 ,evaluation of consensus standards 7,a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,director of the ,national ,institute of ,standards and ,technology shall initiate a multi-stakeholder process to evaluate whether existing voluntary consensus standards for vulnerability reporting effectively accommodate artificial intelligence security vulnerabilities4 7,b7 ,report 7i7 ,submission ,not later than #ahj days after the date on which the evaluation under subparagraph 7,a7 is carried out1 the ,director shall submit a report to the relevant congressional committees on the sufficiency of existing vulnerability reporting processes and standards to accommodate artificial intelligence security vulnerabilities4 7ii7 ,post-report action ,if the ,director concludes in the report submitted under clause 7i7 that existing processes do not sufficiently accommodate reporting of artificial intelligence security vulnerabilities1 the ,director shall initiate a process1 in consultation with the ,director of the ,national ,institute of ,standards and ,technology and the ,director of the ,office of ,management and ,budget1 to update relevant vulnerability reporting processes1 including the ,department of ,homeland ,security ,binding ,operational ,directive #bj-ja1 or any subsequent directive4 7#d7 ,best practices ,not later than #ij days after the date of enactment of this ,act1 the ,director shall1 in collaboration with the ,director of the ,national ,security ,agency and the ,director of the ,national ,institute of ,standards and ,technology and leveraging efforts of the ,information ,communications ,technology ,supply ,chain ,risk ,management ,task ,force to the greatest extent practicable1 convene a multi-stakeholder process to encourage the development and adoption of best practices relating to addressing supply chain risks associated with training and maintaining artificial intelligence models1 which shall ensure consideration of supply chain risks associated with-- 7,a7 data collection1 cleaning1 and labeling1 particularly the supply chain risks of reliance on remote workforce and foreign labor for such tasks2 7,b7 inadequate documentation of training data and test data storage1 as well as limited provenance of training data2 7,c7 human feedback systems used to refine artificial intelligence systems1 particularly the supply chain risks of reliance on remote workforce and foreign labor for such tasks2 7,d7 the use of large-scale1 open-source datasets1 particularly the supply chain risks to repositories that host such datasets for use by public and private sector developers in the ,united ,states2 and 7,e7 the use of proprietary datasets containing sensitive or personally identifiable information4 #eaa4 ,protection of technological measures designed to verify authenticity or provenance of machine-manipulated media 7a7 ,definitions ,in this section3 7#a7 ,machine-manipulated media ,the term machine-manipulated media has the meaning given such term in section #egbd 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 #cjbd note74 7#b7 ,state ,the term ,state means each of the several ,states of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 7b7 ,prohibitions 7#a7 ,prohibition on concealing subversion ,no person shall knowingly and with the intent or substantial likelihood of deceiving a third party1 enable1 facilitate1 or conceal the subversion of a technological measure designed to verify the authenticity1 modifications1 or conveyance of machine-manipulated media1 or characteristics of the provenance of the machine-manipulated media1 by generating information about the authenticity of a piece of content that is knowingly false4 7#b7 ,prohibition on fraudulent distribution ,no person shall knowingly and for financial benefit1 enable1 facilitate1 or conceal the subversion of a technological measure described in paragraph 7#a7 by distributing machine-manipulated media with knowingly false information about the authenticity of a piece of machine-manipulated media4 7#c7 ,prohibition on products and services for circumvention ,no person shall deliberately manufacture1 import1 or offer to the public a technology1 product1 service1 device1 component1 or part thereof that-- 7,a7 is primarily designed or produced and promoted for the purpose of circumventing1 removing1 or otherwise disabling a technological measure described in paragraph 7#a7 with the intent or substantial likelihood of deceiving a third party about the authenticity of a piece of machine-manipulated media2 7,b7 has only limited commercially significant or expressive purpose or use other than to circumvent1 remove1 or otherwise disable a technological measure designed to verify the authenticity of machine-manipulated media and is promoted for such purposes2 or 7,c7 is marketed by that person or another acting in concert with that person with that person's knowledge for use in circumventing1 removing1 or otherwise disabling a technological measure described in paragraph 7#a7 with an intent to deceive a third party about the authenticity of a piece of machine-manipulated media4 7c7 ,exemptions 7#a7 ,in general ,nothing in subsection 7b7 shall inhibit the ability of any individual to access1 read1 or review a technological measure described in paragraph 7#a7 of such subsection or to access1 read1 or review the provenance1 modification1 or conveyance information contained therein4 7#b7 ,exemption for nonprofit libraries1 archives1 and educational institutions 7,a7 ,in general ,except as otherwise provided in this subsection1 subsection 7b7 shall not apply to a nonprofit library1 archives1 or educational institution which generates1 distributes1 or otherwise handles machine-manipulated media4 7,b7 ,commercial advantage1 financial gain1 or tortious conduct ,the exception in subparagraph 7,a7 shall not apply to a nonprofit library1 archive1 or educational institution that willfully for the purpose of commercial advantage1 financial gain1 or in furtherance of tortious conduct violates a provision of subsection 7b71 except that a nonprofit library1 archive1 or educational institution that willfully for the purpose of commercial advantage1 financial gain1 or in furtherance of tortious conduct violates a provision of subsection 7b7 shall-- 7i7 for the first offense1 be subject to the civil remedies under subsection 7d72 and 7ii7 for repeated or subsequent offenses1 in addition to the civil remedies under subsection 7d71 forfeit the exemption provided under subparagraph 7,a74 7,c7 ,circumventing technologies ,this paragraph may not be used as a defense to a claim under paragraph 7#c7 of subsection 7b71 nor may this subsection permit a nonprofit library1 archive1 or educational institution to manufacture1 import1 offer to the public1 provide1 or otherwise traffic in any technology1 product1 service1 component1 or part thereof1 that circumvents a technological measure described in paragraph 7#a7 of such subsection4 7,d7 ,qualifications of libraries and archives ,in order for a library or archive to qualify for the exemption under subparagraph 7,a71 the collections of that library or archive shall be-- 7i7 open to the public2 or 7ii7 available not only to researchers affiliated with the library or archive or with the institution of which it is a part1 but also to other persons doing research in a specialized field4 7#c7 ,reverse engineering 7,a7 ,definitions ,in this paragraph3 7i7 ,circumvention ,the term circumvention means to remove1 deactivate1 disable1 or impair a technological measure designed to verify the authenticity of machine-manipulated media or characteristics of its provenance1 modifications1 or conveyance4 7ii7 ,interoperability ,the term interoperability means the ability of-- 7,i7 computer programs to exchange information2 and 7,,ii7 such programs mutually to use the information which has been exchanged4 7,b7 ,in general ,an authorized user of a technological measure described in subsection 7b77#a7 may circumvent such technological measure for the sole purpose of identifying and analyzing those elements of the technological measure that are necessary to achieve interoperability with that authorized user's own technological measures intended for similar purposes of verifying the authenticity of machine-manipulated media or characteristics of its provenance1 modifications1 or conveyance4 7,c7 ,law enforcement1 intelligence1 and other government activities ,subsection 7b7 does not prohibit any lawfully authorized investigative1 protective1 information security1 or intelligence activity of an officer1 agent1 or employee of the ,united ,states1 a ,state1 or a political subdivision of a ,state1 or a person acting pursuant to a contract with the ,united ,states1 a ,state1 or a political subdivision of a ,state4 7d7 ,enforcement by ,attorney ,general 7#a7 ,civil actions ,the ,attorney ,general may bring a civil action in an appropriate ,united ,states district court against any person who violates subsection 7b74 7#b7 ,powers of the court ,in an action brought under paragraph 7#a71 the court-- 7,a7 may grant temporary and permanent injunctions on such terms as it deems reasonable to prevent or restrain a violation1 but in no event shall impose a prior restraint on free speech or the press protected under the ,first ,amendment to the ,constitution of the ,united ,states2 7,b7 at any time while an action is pending1 may order the impounding1 on such terms as it deems reasonable1 of any device or product that is in the custody or control of the alleged violator and that the court has reasonable cause to believe was involved in a violation2 7,c7 may award damages under paragraph 7#c72 7,d7 in its discretion may allow the recovery of costs against any party other than the ,united ,states or an officer thereof2 and 7,e7 may1 as part of a final judgment or decree finding a violation1 order the remedial modification or the destruction of any device or product involved in the violation that is in the custody or control of the violator or has been impounded under subparagraph 7,b74 7#c7 ,award of damages 7,a7 ,in general ,except as otherwise provided in this section1 a person committing a violation of subsection 7b7 is liable for statutory damages as provided in subparagraph 7,c74 7,b7 ,statutory damages 7i7 ,election of amount based on number of acts of circumvention ,at any time before final judgment is entered1 the ,attorney ,general may elect to recover an award of statutory damages for each violation of subsection 7b7 in the sum of not less than #bjj or more than #b1ejj per act of circumvention1 device1 product1 component1 offer1 or performance of service1 as the court considers just4 7ii7 ,election of amount2 total amount ,at any time before final judgment is entered1 the ,attorney ,general may elect to recover an award of statutory damages for each violation of subsection 7b7 in the sum of not less than #b1ejj or more than #be1jjj4 7,c7 ,repeated violations ,in any case in which the ,attorney ,general sustains the burden of proving1 and the court finds1 that a person has violated subsection 7b7 within #c years after a final judgment was entered against the person for another such violation1 the court may increase the award of damages up to triple the amount that would otherwise be awarded1 as the court considers just4 7,d7 ,innocent violations 7i7 ,in general ,the court in its discretion may reduce or remit the total award of damages in any case in which the violator sustains the burden of proving1 and the court finds1 that the violator was not aware and had no reason to believe that its acts constituted a violation4 7ii7 ,nonprofit library1 archive1 educational institutions1 or public broadcasting entities ,in the case of a nonprofit library1 archive1 educational institution1 or public broadcasting entity1 the court shall remit damages in any case in which the library1 archive1 educational institution1 or public broadcasting entity sustains the burden of proving1 and the court finds1 that the library1 archive1 educational institution1 or public broadcasting entity was not aware and had no reason to believe that its acts constituted a violation4 #eab4 ,sense of ,congress on hostile foreign cyber actors ,it is the sense of ,congress that foreign ransomware organizations1 and foreign affiliates associated with them1 constitute hostile foreign cyber actors1 that covered nations abet and benefit from the activities of these actors1 and that such actors should be treated as hostile foreign cyber actors by the ,united ,states4 ,such actors include the following3 7#a7 ,dark,side4 7#b7 ,conti4 7#c7 ,r,evil4 7#d7 ,black,cat1 also known as ,,alphv4 7#e7 ,lock,bit4 7#f7 ,rhysida1 also known as ,vice ,society4 7#g7 ,royal4 7#h7 ,phobos1 also known as ,eight and also known as ,joanta4 7#i7 ,c#ajp4 7#aj7 ,hackers associated with the ,sam,sam ransomware campaigns4 7#aa7 ,play4 7#ab7 ,bian,lian4 7#ac7 ,killnet4 7#ad7 ,akira4 7#ae7 ,ragnar ,locker1 also known as ,dark ,angels4 7#af7 ,blacksuit4 7#ag7 ,,inc4 7#ah7 ,black ,basta4 #eac4 ,designation of state sponsors of ransomware and reporting requirements 7a7 ,designation of state sponsors of ransomware 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 and annually thereafter1 the ,secretary of ,state1 in consultation with the ,director of ,national ,intelligence1 shall-- 7,a7 designate as a state sponsor of ransomware any country the government of which the ,secretary has determined has provided support for ransomware demand schemes 7including by providing safe haven for individuals engaged in such schemes72 7,b7 submit to ,congress a report listing the countries designated under subparagraph 7,a72 and 7,c7 in making designations under subparagraph 7,a71 take into consideration the report submitted to ,congress under section #ead7;c77#a74 7#b7 ,sanctions and penalties ,the ,president shall impose with respect to each state sponsor of ransomware designated under paragraph 7#a77;,a7 the sanctions and penalties imposed with respect to a state sponsor of terrorism4 7#c7 ,state sponsor of terrorism defined ,in this subsection1 the term state sponsor of terrorism means a country the government of which the ,secretary of ,state has determined has repeatedly provided support for acts of international terrorism1 for purposes of-- 7,a7 section #aged7;c77#a77;,a77i7 of the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhac7;c77#a77;,a77i772 7,b7 section #fbj;,a of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcga72 7,c7 section #dj7;d7 of the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bghj7;d772 or 7,d7 any other provision of law4 7b7 ,reporting requirements 7#a7 ,sanctions relating to ransomware report ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary of the ,treasury shall submit a report to ,congress that describes1 for each of the #e fiscal years immediately preceding the date of such report1 the number and geographic locations of individuals1 groups1 and entities subject to sanctions imposed by the ,office of ,foreign ,assets ,control who were subsequently determined to have been involved in a ransomware demand scheme4 7#b7 ,country of origin report ,the ,secretary of ,state1 in consultation with the ,director of ,national ,intelligence and the ,director of the ,federal ,bureau of ,investigation1 shall-- 7,a7 submit a report1 with a classified annex1 to the ,committee on ,foreign ,relations of the ,senate1 the ,select ,committee on ,intelligence of the ,senate1 the ,committee on ,foreign ,affairs of the ,house of ,representatives1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives that identifies the country of origin of foreign-based ransomware attacks2 and 7,b7 make the report described in subparagraph 7,a7 7excluding the classified annex7 available to the public4 7#c7 ,investigative authorities report ,not later than #ahj days after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall issue a report that outlines the authorities available to the ,federal ,bureau of ,investigation1 the ,united ,states ,secret ,service1 the ,cybersecurity and ,infrastructure ,security ,agency1 ,homeland ,security ,investigations1 and the ,office of ,foreign ,assets ,control to respond to foreign-based ransomware attacks4 #ead4 ,deeming ransomware threats to critical infrastructure a national intelligence priority 7a7 ,critical infrastructure defined ,in this section1 the term critical infrastructure has the meaning given such term in subsection 7e7 of the ,critical ,infrastructures ,protection ,act of #bjja 7#db ,u4,s4,c4 #eaie;c7e774 7b7 ,ransomware threats to critical infrastructure as national intelligence priority ,the ,director of ,national ,intelligence1 pursuant to the provisions of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjja et seq471 the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7,public ,law #ajh-deh71 section #a4c7;b77#ag7 of ,executive ,order #abccc 7#ej ,u4,s4,c4 #cjja note2 relating to ,united ,states intelligence activities71 as in effect on the day before the date of the enactment of this ,act1 and ,national ,security ,presidential ,directive-#bf 7,february #bd1 #bjjc2 relating to intelligence priorities71 as in effect on the day before the date of the enactment of this ,act1 shall deem ransomware threats to critical infrastructure a national intelligence priority component to the ,national ,intelligence ,priorities ,framework4 7c7 ,report 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall1 in consultation with the ,director of the ,federal ,bureau of ,investigation1 submit to the ,select ,committee on ,intelligence of the ,senate and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives a report on the implications of the ransomware threat to ,united ,states national security4 7#b7 ,contents ,the report submitted under paragraph 7#a7 shall address the following3 7,a7 ,identification of individuals1 groups1 and entities who pose the most significant threat1 including attribution to individual ransomware attacks whenever possible4 7,b7 ,locations from which individuals1 groups1 and entities conduct ransomware attacks4 7,c7 ,the infrastructure1 tactics1 and techniques ransomware actors commonly use4 7,d7 ,any relationships between the individuals1 groups1 and entities that conduct ransomware attacks and their governments or countries of origin that could impede the ability to counter ransomware threats4 7,e7 ,intelligence gaps that have impeded1 or currently are impeding1 the ability to counter ransomware threats4 7#c7 ,form ,the report submitted under paragraph 7#a7 shall be submitted in unclassified form1 but may include a classified annex4 ,,vi ,classification reform #fja4 ,governance of classification and declassification system 7a7 ,definitions ,in this section3 7#a7 ,controlled unclassified information ,the term controlled unclassified information means information described as ,controlled ,unclassified ,information or ,,cui in ,executive ,order #aceef 7#ge ,fed4 ,reg4 #fhfge2 relating to controlled unclassified information71 or any successor order4 7#b7 ,executive ,agent ,the term ,executive ,agent means the ,executive ,agent for ,classification and ,declassification designated under subsection 7b77#a77;,a74 7#c7 ,executive ,committee ,the term ,executive ,committee means the ,executive ,committee on ,classification and ,declassification ,programs and ,technology established under subsection 7b77#a77;,c74 7b7 ,establishment of classification and declassification governance 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall-- 7,a7 designate a ,federal official as ,executive ,agent for ,classification and ,declassification to identify and promote technological solutions to support efficient and effective systems for classification and declassification to be implemented on an interoperable and federated basis across the ,federal ,government2 7,b7 designate a ,federal official-- 7i7 to establish policies and guidance relating to classification and declassification and controlled unclassified information across the ,federal ,government2 7ii7 to conduct oversight of the implementation of such policies and guidance2 and 7iii7 who may1 at the discretion of the ,president1 also serve as ,executive ,agent2 and 7,c7 establish an ,executive ,committee on ,classification and ,declassification ,programs and ,technology to provide direction1 advice1 and guidance to the ,executive ,agent4 7#b7 ,executive ,committee 7,a7 ,composition ,the ,executive ,committee shall be composed of the following or their designees3 7i7 ,the ,director of ,national ,intelligence4 7ii7 ,the ,under ,secretary of ,defense for ,intelligence and ,security4 7iii7 ,the ,secretary of ,energy4 7iv7 ,the ,secretary of ,state4 7v7 ,the ,director of the ,office of ,management and ,budget4 7vi7 ,the ,archivist of the ,united ,states4 7vii7 ,the ,federal official designated under subsection 7b77#a77;,b7 if such official is not also the ,executive ,agent4 7viii7 ,such other members as the ,executive ,agent considers appropriate4 7,b7 ,chairperson ,the ,executive ,agent shall be the chairperson of the ,executive ,committee4 7c7 ,report to ,congress 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall submit to ,congress a report on the administration of this section4 7#b7 ,contents ,the report submitted pursuant to paragraph 7#a7 shall include the following3 7,a7 ,funding1 personnel1 expertise1 and resources required for the ,executive ,agent and a description of how such funding1 personnel1 expertise1 and resources will be provided4 7,b7 ,authorities needed by the ,executive ,agent1 a description of how such authorities will be granted1 and a description of any additional statutory authorities required4 7,c7 ,funding1 personnel1 expertise1 and resources required by the ,federal official designated under subsection 7b77#a77;,b7 and a description of how such funding1 personnel1 expertise1 and resources will be provided4 7,d7 ,authorities needed by the ,federal official designated under subsection 7b77#a77;,b71 a description of how such authorities will be provided1 and a description of any additional statutory authorities required4 7,e7 ,funding and resources required by the ,public ,interest ,declassification ,board4 7d7 ,public reporting 7#a7 ,in general ,the report required by subsection 7c7 shall be made available to the public to the greatest extent possible consistent with the protection of sources and methods4 7#b7 ,publication in ,federal ,register ,the ,president shall publish in the ,federal ,register the roles and responsibilities of the ,federal officials designated under subsection 7b71 the ,executive ,committee1 and any subordinate individuals or entities4 #fjb4 ,classification and declassification of information 7a7 ,in general ,title ,,viii of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafa et seq47 is amended by inserting after section #hja the following3 #hja;,a4 ,classification and declassification of information 7a7 ,in general ,the ,president may1 in accordance with this section1 protect from unauthorized disclosure any information owned by1 produced by or for1 or under the control of the executive branch of the ,federal ,government when there is a demonstrable need to do so to protect the national security of the ,united ,states4 7b7 ,establishment of standards1 categories1 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 be the exclusive means for classifying information on or after the effective date established by subsection 7c71 except with respect to information classified pursuant to the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjaa et seq472 7ii7 ensure that no information is classified unless there is a demonstrable need to do so to protect the national security and there is a reasonable basis to believe that means other than classification will not provide sufficient protection2 7iii7 ensure that no information may remain classified indefinitely2 7iv7 ensure that no information shall be classified1 continue to be maintained as classified1 or fail to be declassified in order-- 7,i7 to conceal violations of law1 inefficiency1 or administrative error2 7,,ii7 to prevent embarrassment to a person1 organization1 or agency2 7,,iii7 to restrain competition2 or 7,,iv7 to prevent or delay the release of information that does not require protection in the interest of the national security2 7v7 ensure that basic scientific research information not clearly related to the national security shall not be classified2 7vi7 ensure that information may not be reclassified after being declassified and released 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 the national security2 7vii7 establish standards and criteria for the classification of information2 7viii7 establish standards1 criteria1 and timelines for the declassification of information classified under this section2 7ix7 provide for the automatic declassification of classified records with permanent historical value not more than #ej years after the date of origin of such records1 unless the head of each agency that classified information contained in such records makes a written determination to delay automatic declassification and such determination is reviewed not less frequently than every #aj years2 7x7 provide for the timely review of materials submitted for pre-publication2 7xi7 ensure that due regard is given for the public interest in disclosure of information2 7xii7 ensure that due regard is given for the interests of departments and agencies in sharing information at the lowest possible level of classification2 7,d7 ,submittal to ,congress ,the ,president shall submit to ,congress the categories and procedures established under subsection 7b77#a77;,a7 and the procedures established under subsection 7b77#a77;,b7 at least #fj days prior to their effective date4 7#b7 ,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 section4 7,b7 ,submittal to ,congress ,each agency head shall submit to ,congress the standards and procedures established by such agency head under subparagraph 7,a74 7c7 ,effective date 7#a7 ,in general ,subsections 7a7 and 7b7 shall take effect on the date that is #ahj days after the date of the enactment of the ,intelligence ,authorization ,act for ,fiscal ,year #bjbe4 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 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 issued pursuant to subsection 7b74 4 7b7 ,conforming amendment ,section #hje7b7 of such ,act 7#ej ,u4,s4,c4 #cafd7b77 is amended by inserting section #hja;,a1 before ,executive ,order4 7c7 ,clerical amendment ,the table of contents preceding section #b of such ,act is amended by inserting after the item relating to section #hja the following new item3 ,sec4 #hja;,a4 ,classification and declassification of information4 4 #fjc4 ,minimum standards for ,executive agency insider threat programs 7a7 ,definitions ,in this section3 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 ,classified information ,the term classified information means information that has been determined to require protection from unauthorized disclosure pursuant to ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note2 relating to classified national security information71 or predecessor or successor order1 to protect the national security of the ,united ,states4 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 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 than 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 ,,vii ,security clearances and intelligence community workforce improvements #gja4 ,security clearances held by certain former employees of intelligence community 7a7 ,issuance of guidelines and instructions required ,section #hjc7;c7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb;a7c77 is amended-- 7#a7 in paragraph 7#c71 by striking 2 and and inserting a semicolon2 7#b7 in paragraph 7#d71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#e7 issue guidelines and instructions to the heads of ,federal agencies to ensure that any individual who was appointed by the ,president to a position in an element of the intelligence community but is no longer employed by the ,federal ,government shall maintain a security clearance only in accordance with ,executive ,order #abifh 7#ej ,u4,s4,c4 #cafa note2 relating to access to classified information71 or successor order4 4 7b7 ,submittal of guidelines and instructions to ,congress required ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of ,national ,intelligence shall1 in the ,director's capacity as the ,security ,executive ,agent pursuant to subsection 7a7 of section #hjc of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb;a71 submit to the congressional intelligence committees and the congressional defense committees 7as defined in section #aja7;a7 of title #aj1 ,united ,states ,code7 the guidelines and instructions required by subsection 7c77#e7 of such ,act1 as added by subsection 7a7 of this section4 7c7 ,annual report required 7#a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 and not less frequently than once each year thereafter1 the ,director of ,national ,intelligence shall1 in the ,director's capacity as the ,security ,executive ,agent pursuant to section #hjc7;a7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cafb;a7a771 submit to the congressional intelligence committees and the congressional defense committees 7as defined in section #aja7;a7 of title #aj1 ,united ,states ,code7 an annual report on the eligibility status of former senior employees of the intelligence community to access classified information4 7#b7 ,contents ,each report submitted pursuant to paragraph 7#a7 shall include1 for the period covered by the report1 the following3 7,a7 ,a list of individuals who were appointed by the ,president to a position in an element of the intelligence community who currently hold security clearances4 7,b7 ,the number of such former employees who still hold security clearances4 7,c7 ,for each former employee described in subparagraph 7,b7-- 7i7 the position in the intelligence community held by the former employee2 7ii7 the years of service in such position2 and 7iii7 the individual's current employment position and employer4 7,d7 ,the ,federal entity authorizing and adjudicating the former employees' need to know classified information4 #gjb4 ,policy for authorizing intelligence community program of contractor-owned and contractor-operated sensitive compartmented information facilities 7a7 ,policy ,the ,director of ,national ,intelligence shall establish a standardized policy for the intelligence community that authorizes a program of contractor-owned and contractor-operated sensitive compartmented information facilities as a service to the national security and intelligence enterprises4 7b7 ,requirements ,the policy established pursuant to subsection 7a7 shall-- 7#a7 authorize the head of an element of the intelligence community to approve and accredit contractor-owned and contractor-operated sensitive compartmented information facilities2 and 7#b7 designate an element of the intelligence community as a service of common concern 7as defined in ,intelligence ,community ,directive #abb1 or successor directive7 to serve as an accrediting authority on behalf of other elements of the intelligence community for contractor-owned and contractor-operated sensitive compartmented information facilities4 7c7 ,cost considerations ,in establishing the policy required by subsection 7a71 the ,director shall consider existing demonstrated models where a contractor acquires1 outfits1 and manages a facility pursuant to an agreement with the ,federal ,government such that no funding from the ,federal ,government is required to carry out the agreement4 7d7 ,briefing required ,not later than #a year after the date on which the ,director establishes the policy pursuant to subsection 7a71 the ,director shall brief the congressional intelligence committees on-- 7#a7 additional opportunities to leverage contractor-provided secure facility space2 and 7#b7 recommendations to address barriers1 including resources or authorities needed4 #gjc4 ,enabling intelligence community integration 7a7 ,in general ,the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjja et seq47 is amended by inserting after section #aac;,b the following new section3 #aac;,c4 ,enabling intelligence community integration 7a7 ,provision of goods or services ,subject to and in accordance with any guidance and requirements developed by the ,director of ,national ,intelligence1 the head of an element of the intelligence community may provide goods or services to another element of the intelligence community without reimbursement or transfer of funds for hoteling initiatives for intelligence community employees and affiliates defined in any such guidance and requirements issued by the ,director of ,national ,intelligence4 7b7 ,approval ,prior to the provision of goods or services pursuant to subsection 7a71 the head of the element of the intelligence community providing such goods or services and the head of the element of the intelligence community receiving such goods or services shall approve such provision4 4 7b7 ,clerical amendment ,the table of contents of the ,national ,security ,act of #aidg is amended by inserting after the item relating to section #aac;,b the following3 ,sec4 #aac;,c4 ,enabling intelligence community integration4 4 #gjd4 ,appointment of spouses of certain ,federal employees 7a7 ,in general ,section #cccj;d of title #e1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by striking military and ,department of ,defense civilian spouses and inserting military and ,department of ,defense1 ,department of ,state1 and intelligence community spouses2 7#b7 in subsection 7a7-- 7,a7 by redesignating the second paragraph 7#d7 7relating to a spouse of an employee of the ,department of ,defense7 as paragraph 7#g72 7,b7 by striking paragraph 7#e72 7,c7 by redesignating paragraph 7#d7 7relating to the spouse of a disabled or deceased member of the ,armed ,forces7 as paragraph 7#f72 7,d7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,the term covered spouse means an individual who is married to an individual who-- 7,a7 7i7 is an employee of the ,department of ,state or an element of the intelligence community2 or 7ii7 is a member of the ,armed ,forces who is assigned to an element of the intelligence community2 and 7,b7 is transferred in the interest of the ,government from one official station within the applicable agency to another within the agency 7that is outside of normal commuting distance7 for permanent duty4 7#d7 ,the term intelligence community has the meaning given the term in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 7#e7 ,the term remote work refers to a work flexibility arrangement under which an employee-- 7,a7 is not expected to physically report to the location from which the employee would otherwise work1 considering the position of the employee2 and 7,b7 performs the duties and responsibilities of such employee's position1 and other authorized activities1 from an approved worksite-- 7i7 other than the location from which the employee would otherwise work2 7ii7 that may be inside or outside the local commuting area of the location from which the employee would otherwise work2 and 7iii7 that is typically the residence of the employee4 2 and 7,e7 by adding at the end the following3 7#h7 ,the term telework has the meaning given the term in section #feja4 2 and 7#c7 in subsection 7b7-- 7,a7 in paragraph 7#b71 by striking or at the end2 7,b7 in the first paragraph 7#c7 7relating to a spouse of a member of the ,armed ,forces on active duty71 by striking the period at the end and inserting a semicolon2 7,c7 by redesignating the second paragraph 7#c7 7relating to a spouse of an employee of the ,department of ,defense7 as paragraph 7#d72 7,d7 in paragraph 7#d71 as so redesignated-- 7i7 by inserting 1 including to a position in which the spouse will engage in remote work after ,department of ,defense2 and 7ii7 by striking the period at the end and inserting 2 or2 and 7,e7 by adding at the end the following3 7#e7 a covered spouse to a position in which the covered spouse will engage in remote work4 4 7b7 ,technical and conforming amendment ,the table of sections for subchapter ,i of chapter #cc of title #e1 ,united ,states ,code1 is amended by striking the item relating to section #cccj;d and inserting the following3 #cccj;d4 ,appointment of military and ,department of ,defense1 ,department of ,state1 and intelligence community civilian spouses4 4 #gje4 ,plan for staffing the intelligence collection positions of the ,central ,intelligence ,agency 7a7 ,in general ,not later than #ij 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 plan for ensuring that the ,directorate of ,operations of the ,agency has staffed every civilian full-time equivalent position authorized for that ,directorate under the ,intelligence ,authorization ,act for ,fiscal ,year #bjbd 7division ,g of ,public ,law #aah-ca74 7b7 ,elements ,the plan required by subsection 7a7 shall include the following3 7#a7 ,specific benchmarks and timelines for accomplishing the goal described in such subsection by ,september #cj1 #bjbe4 7#b7 ,an assessment of the appropriate balance of staffing between the ,directorate of ,operations and the ,directorate of ,analysis consistent with the responsibilities of the ,director of the ,central ,intelligence ,agency under section #ajd;,a7d7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjcf7;d774 #gjf4 ,intelligence community workplace protections 7a7 ,employment status 7#a7 ,conversion of positions by ,director of ,national ,intelligence to excepted service ,section #ajb;,a7v7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjbd7v77 is amended-- 7,a7 by redesignating paragraphs 7#b7 through 7#d7 as paragraphs 7#c7 through 7#e71 respectively2 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,the ,director shall promptly notify the congressional intelligence committees of any action taken pursuant to paragraph 7#a74 2 and 7,c7 in paragraph 7#c71 as redesignated by subparagraph 7,a71 by striking occupying a position on the date of the enactment of the ,intelligence ,authorization ,act for ,fiscal ,year #bjab4 7#b7 ,conversion of defense intelligence positions to excepted service ,section #afja7;a7 of title #aj1 ,united ,states ,code1 is amended-- 7,a7 by redesignating subsection 7b7 as subsection 7d72 and 7,b7 by inserting after subsection 7a7 the following3 7b7 ,congressional notification ,the ,secretary shall promptly notify the congressional defense committees and the congressional intelligence committees 7as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc77 of any action taken pursuant to subsection 7a74 7c7 ,retention of accrued rights upon conversion ,an incumbent whose position is selected to be converted1 without regard to the wishes of the incumbent1 to the excepted service under subsection 7a7 shall remain in the competitive service for the purposes of status and any accrued adverse action protections while the individual occupies that position or any other position to which the employee is moved involuntarily4 ,once such individual no longer occupies the converted position1 the position may be treated as a regularly excepted service position4 4 7#c7 ,conversion within the excepted service ,an intelligence community incumbent employee whose position is selected to be converted from one excepted service schedule to another schedule within the excepted service without regard to the wishes of the incumbent shall remain in the current schedule for the purpose of status and any accrued adverse action protections while the individual occupies that position or any other position to which the employee is moved without regard to the wishes of the employee4 7b7 ,congressional notification of guidelines 7#a7 ,submittal to ,congress ,not later than #cj 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 the guidelines and regulations of the element relating to employment status and protections relating to that status4 7#b7 ,notice of changes ,in any case in which a guideline or regulation of an element of the intelligence community submitted pursuant to paragraph 7#a7 is modified or replaced1 the head of the element shall promptly notify the congressional intelligence committees of the change and submit the new or modified guideline or regulation4 7c7 ,termination authorities of the ,director of the ,,cia 7#a7 ,process and notification ,section #ajd;,a7e7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjcf7;e77 is amended-- 7,a7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 7,a7 ,subject to subparagraph 7,b71 the ,director shall not take an action under paragraph 7#a7 to terminate the employment of an officer or employee1 except in accordance with guidelines and regulations submitted to the congressional intelligence committees4 7,b7 ,the ,director may take an action under paragraph 7#a7 without or in contravention of the guidelines and regulations specified in subparagraph 7,a7 of this paragraph if the ,director determines that complying with such guidelines and regulations poses a threat to the national security of the ,united ,states4 ,if the ,director makes such a determination1 the ,director shall provide prompt notification to the congressional intelligence committees that includes-- 7i7 an explanation for the basis for the termination and the factual support for such determination2 and 7ii7 an explanation for the determination that the process described in subparagraph 7,a7 poses a threat to the national security of the ,united ,states4 4 7d7 ,improvement of ,congressional notice requirement relating to termination of defense intelligence employees ,section #afji7;c7 of title #aj1 ,united ,states ,code1 is amended by adding at the end the following3 8,such notification shall include the following3 7#a7 ,an explanation for the determination that the termination was in the interests of the ,united ,states4 7#b7 ,an explanation for the determination that the procedures prescribed in other provisions of law that authorize the termination of the employment of such employee cannot be invoked in a manner consistent with the national security of the ,united ,states4 4 7e7 ,congressional notification of other suspension and removal authorities ,section #gecb of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 7#a7 ,the head of an element of the intelligence community who takes an action under this section shall promptly notify the congressional intelligence committees of such action4 7#b7 ,each notification under paragraph 7#a7 regarding an action shall include the following3 7,a7 ,an explanation for the determination that the action is necessary or advisable in the interests of national security4 7,b7 ,if the head of an element of the intelligence community determines1 pursuant to subsection 7a71 that the interests of national security do not permit notification to the employee of the reasons for the action under that subsection1 an explanation for such determination4 7#c7 ,in this subsection1 the terms congressional intelligence committees and intelligence community have the meanings given such terms in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 4 7f7 ,savings clause ,nothing in this section shall be construed to diminish the rights conferred by chapter #ge of title #e1 ,united ,states ,code1 or other applicable agency adverse action or disciplinary procedures4 #gjg4 ,sense of ,congress on ,government personnel support for foreign terrorist organizations ,it is the sense of ,congress that for the purposes of adjudicating the eligibility of an individual for access to classified information1 renewal of a prior determination of eligibility for such access1 or continuous vetting of an individual for eligibility for such access1 including on form ,,sf-#hf or any successor form1 each of the following should be considered an action advocating for an act of terrorism3 7#a7 ,espousing the actions of an organization designated as a foreign terrorist organization under section #bai of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi74 7#b7 ,advocating for continued attacks by an organization described in paragraph 7#a74 7#c7 ,soliciting funds for an organization described in paragraph 7#a74 ,,viii ,whistleblowers #hja4 ,improvements regarding urgent concerns submitted to ,inspectors ,general of the intelligence community 7a7 ,inspector ,general of the ,intelligence ,community ,section #ajc;,h7k77#e7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjcc7k77#e77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by inserting 7i7 before ,an employee of2 7,b7 by inserting in writing before to the ,inspector ,general2 and 7,c7 by adding at the end the following3 7ii7 ,the ,inspector ,general shall provide any support necessary to ensure that an employee can submit a complaint or information under this subparagraph in writing and1 if such submission is not feasible1 shall create a written record of the employee's verbal complaint or information and treat such written record as a written submission4 2 7#b7 by striking subparagraph 7,b7 and inserting the following3 7,b7 7i7 7,i7 ,not later than the end of the period specified in subclause 7,,ii71 the ,inspector ,general shall determine whether the written complaint or information submitted under subparagraph 7,a7 appears credible4 ,upon making such a determination1 the ,inspector ,general shall transmit to the ,director notice of that determination1 together with the complaint or information4 7,,ii7 ,the period specified in this subclause is the #ad-;calendar-day period beginning on the date on which an employee who has submitted an initial written complaint or information under subparagraph 7,a7 confirms that the employee has submitted to the ,inspector ,general the material the employee intends to submit to ,congress under such subparagraph4 7ii7 ,the ,inspector ,general may transmit a complaint or information submitted under subparagraph 7,a7 directly to the congressional intelligence committees-- 7,i7 without transmittal to the ,director if the ,inspector ,general determines that transmittal to the ,director could compromise the anonymity of the employee or result in the complaint or information being transmitted to a subject of the complaint or information2 or 7,,ii7 following transmittal to the ,director if the ,director does not transmit the complaint or information to the congressional intelligence committees within the time period specified in subparagraph 7,c74 2 7#c7 in subparagraph 7,d7-- 7,a7 in clause 7i71 by striking or does not transmit the complaint or information to the ,director in accurate form under subparagraph 7,b71 and inserting does not transmit the complaint or information to the ,director in accurate form under subparagraph 7,b77i77,i71 or makes a determination pursuant to subparagraph 7,b77ii77,i7 but does not transmit the complaint or information to the congressional intelligence committees within #ba calendar days of receipt12 and 7,b7 by striking clause 7ii7 and inserting the following3 7ii7 ,an employee may contact the congressional intelligence committees directly as described in clause 7i7 only if-- 7,i7 the employee1 before making such a contact-- 7aa7 transmits 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 the congressional intelligence committees directly2 and 7bb7 obtains and follows from the ,director1 through the ,inspector ,general1 direction on how to contact the congressional intelligence committees in accordance with appropriate security practices2 or 7,,ii7 the ,inspector ,general-- 7aa7 determines that-- 7,,aa7 a transmittal under subclause 7,i7 could compromise the anonymity of the employee or result in the complaint or information being transmitted to a subject of the complaint or information2 or 7,,bb7 the ,director has failed to provide adequate direction pursuant to item 7bb7 of subclause 7,i7 within #g calendar days of a transmittal under such subclause2 and 7bb7 provides the employee direction on how to contact the congressional intelligence committees in accordance with appropriate security practices4 2 and 7#d7 by adding at the end the following3 7,j7 ,in this paragraph1 the term employee1 with respect to an employee of an element of the intelligence community1 an employee assigned or detailed to an element of the intelligence community1 or an employee of a contractor to the intelligence community who may submit a complaint or information to the ,inspector ,general under subparagraph 7,a71 means-- 7i7 a current employee at the time of such submission2 or 7ii7 a former employee at the time of such submission1 if such complaint or information arises from and relates to the period of employment as such an employee4 4 7b7 ,inspector ,general of the ,central ,intelligence ,agency ,section #ag7;d77#e7 of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #ceag7;d77#e77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 by inserting 7i7 before ,an employee2 7,b7 by inserting in writing before to the ,inspector ,general2 and 7,c7 by adding at the end the following3 7ii7 ,the ,inspector ,general shall provide any support necessary to ensure that an employee can submit a complaint or information under this subparagraph in writing and1 if such submission is not feasible1 shall create a written record of the employee's verbal complaint or information and treat such written record as a written submission4 2 7#b7 in subparagraph 7,b7-- 7,a7 by striking clause 7i7 and inserting the following3 7i7 7,i7 ,not later than the end of the period specified in subclause 7,,ii71 the ,inspector ,general shall determine whether the written complaint or information submitted under subparagraph 7,a7 appears credible4 ,upon making such a determination1 the ,inspector ,general shall transmit to the ,director notice of that determination1 together with the complaint or information4 7,,ii7 ,the period specified in this subclause is the #ad-;calendar-day period beginning on the date on which an employee who has submitted an initial written complaint or information under subparagraph 7,a7 confirms that the employee has submitted to the ,inspector ,general the material the employee intends to submit to ,congress under such subparagraph4 2 and 7,b7 by adding at the end the following3 7iii7 ,the ,inspector ,general may transmit a complaint or information submitted under subparagraph 7,a7 directly to the congressional intelligence committees-- 7,i7 without transmittal to the ,director if the ,inspector ,general determines that transmittal to the ,director could compromise the anonymity of the employee or result in the complaint or information being transmitted to a subject of the complaint or information2 7,,ii7 following transmittal to the ,director if the ,director does not transmit the complaint or information to the congressional intelligence committees within the time period specified in subparagraph 7,c7 and has not made a determination regarding a conflict of interest pursuant to clause 7ii72 or 7,,iii7 following transmittal to the ,director and a determination by the ,director that a conflict of interest exists pursuant to clause 7ii7 if the ,inspector ,general determines that-- 7aa7 transmittal to the ,director of ,national ,intelligence could compromise the anonymity of the employee or result in the complaint or information being transmitted to a subject of the complaint or information2 or 7bb7 the ,director of ,national ,intelligence has not transmitted the complaint or information to the congressional intelligence committees within the time period specified in subparagraph 7,c74 2 7#c7 in subparagraph 7,d7-- 7,a7 in clause 7i71 by striking or does not transmit the complaint or information to the ,director in accurate form under subparagraph 7,b71 and inserting does not transmit the complaint or information to the ,director in accurate form under subparagraph 7,b77i77,i71 or makes a determination pursuant to subparagraph 7,b77iii77,i7 but does not transmit the complaint or information to the congressional intelligence committees within #ba calendar days of receipt12 and 7,b7 by striking clause 7ii7 and inserting the following3 7ii7 ,an employee may contact the congressional intelligence committees directly as described in clause 7i7 only if-- 7,i7 the employee1 before making such a contact-- 7aa7 transmits 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 the congressional intelligence committees directly2 and 7bb7 obtains and follows from the ,director1 through the ,inspector ,general1 direction on how to contact the congressional intelligence committees in accordance with appropriate security practices2 or 7,,ii7 the ,inspector ,general-- 7aa7 determines that-- 7,,aa7 the transmittal under subclause 7,i7 could compromise the anonymity of the employee or result in the complaint or information being transmitted to a subject of the complaint or information2 or 7,,bb7 the ,director has failed to provide adequate direction pursuant to item 7bb7 of subclause 7,i7 within #g calendar days of a transmittal under such subclause2 and 7bb7 provides the employee direction on how to contact the congressional intelligence committees in accordance with appropriate security practices4 2 and 7#d7 by adding at the end the following3 7,i7 ,in this paragraph1 the term employee1 with respect to an employee of the ,agency1 or of a contractor to the ,agency1 who may submit a complaint or information to the ,inspector ,general under subparagraph 7,a71 means-- 7i7 a current employee at the time of such submission2 or 7ii7 a former employee at the time of such submission1 if such complaint or information arises from and relates to the period of employment as such an employee4 4 7c7 ,other ,inspectors ,general of elements of the intelligence community ,section #daf of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#a7 and 7#b7 as paragraphs 7#b7 and 7#c71 respectively2 and 7,b7 by inserting before paragraph 7#b71 as redesignated by paragraph 7#a71 the following3 7#a7 ,employee ,the term employee1 with respect to an employee of an element of the ,federal ,government covered by subsection 7b71 or of a contractor to such an element1 who may submit a complaint or information to an ,inspector ,general under such subsection1 means-- 7,a7 a current employee at the time of such submission2 or 7,b7 a former employee at the time of such submission1 if such complaint or information arises from and relates to the period of employment as such an employee4 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in the paragraph heading1 by inserting 2 support for written submission2 after made2 7ii7 by inserting in writing after may report the complaint or information each place it appears2 and 7iii7 in subparagraph 7,b71 by inserting in writing after such complaint or information2 and 7,b7 by adding at the end the following3 7,e7 ,support for written submission ,the ,inspector ,general shall provide any support necessary to ensure that an employee can submit a complaint or information under this paragraph in writing and1 if such submission is not feasible1 shall create a written record of the employee's verbal complaint or information and treat such written record as a written submission4 2 7#c7 in subsection 7c7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,credibility 7,a7 ,determination ,not later than the end of the period specified in subparagraph 7,b71 the ,inspector ,general shall determine whether the written complaint or information submitted under subsection 7b7 appears credible4 ,upon making such a determination1 the ,inspector ,general shall transmit to the head of the establishment notice of that determination1 together with the complaint or information4 7,b7 ,period specified ,the period specified in this subparagraph is the #ad-;calendar-day period beginning on the date on which an employee who has submitted an initial written complaint or information under subsection 7b7 confirms that the employee has submitted to the ,inspector ,general the material the employee intends to submit to ,congress under such subsection4 2 and 7,b7 by adding at the end the following3 7#c7 ,transmittal directly to intelligence committees ,the ,inspector ,general may transmit the complaint or information directly to the intelligence committees-- 7,a7 without transmittal to the head of the establishment if the ,inspector ,general determines that transmittal to the head of the establishment could compromise the anonymity of the employee or result in the complaint or information being transmitted to a subject of the complaint or information2 7,b7 following transmittal to the head of the establishment if the head of the establishment does not transmit the complaint or information to the intelligence committees within the time period specified in subsection 7d7 and has not made a determination regarding a conflict of interest pursuant to paragraph 7#b72 or 7,c7 following transmittal to the head of the establishment and a determination by the head of the establishment that a conflict of interest exists pursuant to paragraph 7#b7 if the ,inspector ,general determines that-- 7i7 transmittal to the ,director of ,national ,intelligence or the ,secretary of ,defense could compromise the anonymity of the employee or result in the complaint or information being transmitted to a subject of the complaint or information2 or 7ii7 the ,director of ,national ,intelligence or the ,secretary of ,defense has not transmitted the complaint or information to the intelligence committees within the time period specified in subsection 7d74 2 7#d7 in subsection 7e77#a71 by striking or does not transmit the complaint or information to the head of the establishment in accurate form under subsection 7c71 and inserting does not transmit the complaint or information to the head of the establishment in accurate form under subsection 7c77#a77;,a71 or makes a determination pursuant to subsection 7c77#c77;,a7 but does not transmit the complaint or information to the intelligence committees within #ba calendar days of receipt12 and 7#e7 in subsection 7e71 by striking paragraph 7#b7 and inserting the following3 7#b7 ,limitation ,an employee may contact the intelligence committees directly as described in paragraph 7#a7 only if-- 7,a7 the employee1 before making such a contact-- 7i7 transmits to the head of the establishment1 through the ,inspector ,general1 a statement of the employee's complaint or information and notice of the employee's intent to contact the intelligence committees directly2 and 7ii7 obtains and follows from the head of the establishment1 through the ,inspector ,general1 direction on how to contact the intelligence committees in accordance with appropriate security practices2 or 7,b7 the ,inspector ,general-- 7i7 determines that the transmittal under subparagraph 7,a7 could compromise the anonymity of the employee or result in the complaint or information being transmitted to a subject of the complaint or information2 or 7ii7 determines that the head of the establishment has failed to provide adequate direction pursuant to clause 7ii7 of subparagraph 7,a7 within #g calendar days of a transmittal under such subparagraph2 and 7iii7 provides the employee direction on how to contact the intelligence committees in accordance with appropriate security practices4 4 #hjb4 ,prohibition against disclosure of whistleblower identity as act of reprisal 7a7 ,in general ,section #aajd7;a7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cbcd7;a77 is amended-- 7#a7 in paragraph 7#c7-- 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 an unauthorized whistleblower identity disclosure2 2 and 7#b7 by adding at the end the following3 7#e7 ,unauthorized whistleblower identity disclosure ,the term unauthorized whistleblower identity disclosure means1 with respect to an employee or a contractor employee described in paragraph 7#c71 a knowing and willful disclosure revealing the identity or other personally identifiable information of the 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 7c71 but does not include such a knowing and willful disclosure that meets any of the following criteria3 7,a7 ,such disclosure was made with the express consent of the employee or contractor employee4 7,b7 ,such disclosure was made during the course of reporting or remedying the subject of the lawful disclosure of the whistleblower through management1 legal1 or oversight processes1 including such processes relating to human resources1 equal opportunity1 security1 or an ,inspector ,general4 7,c7 ,an ,inspector ,general with oversight responsibility for the relevant covered intelligence community element determines that such disclosure-- 7i7 was unavoidable under section #ajc;,h of this ,act 7#ej ,u4,s4,c4 #cjcc71 section #ag of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #ceag71 section #djg of title #e1 ,united ,states ,code1 or section #dbj7;b77#b77;,b7 of such title2 7ii7 was made to an official of the ,department of ,justice responsible for determining whether a prosecution should be undertaken2 or 7iii7 was required by statute or an order from a court of competent jurisdiction4 4 7b7 ,private right of action for unlawful disclosure of whistleblower identity ,subsection 7f7 of such section is amended to read as follows3 7f7 ,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 #hjc4 ,protection for individuals making authorized disclosures to ,inspectors ,general of elements of the intelligence community 7a7 ,inspector ,general of the intelligence community ,section #ajc;,h7g77#c7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjcc7;g77#c77 is amended-- 7#a7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively2 7#b7 by adding at the end the following new subparagraph3 7,b7 ,an individual may disclose classified information to the ,inspector ,general in accordance with the applicable security standards and procedures established under ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note2 relating to classified national security information71 section #ajb;,a or section #hjc1 chapter #ab of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bafa et seq471 or any applicable provision of law4 ,such a disclosure of classified information that is made by an individual who at the time of the disclosure does not hold the appropriate clearance or authority to access such classified information1 but that is otherwise made in accordance with such security standards and procedures1 shall be treated as an authorized disclosure and does not violate-- 7i7 any otherwise applicable nondisclosure agreement2 7ii7 any otherwise applicable regulation or order issued under the authority of ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note2 relating to classified national security information7 or chapter #ah of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbga et seq472 or 7iii7 section #gih of title #ah1 ,united ,states ,code1 or any other provision of law relating to the unauthorized disclosure of national security information4 2 and 7#c7 in the paragraph enumerator1 by striking 7#c7 and inserting 7#c77;,a74 7b7 ,inspector ,general of the ,central ,intelligence ,agency ,section #ag7;e77#c7 of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #ceag7;e77#c77 is amended-- 7#a7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii71 respectively2 7#b7 by adding at the end the following new subparagraph3 7,b7 ,an individual may disclose classified information to the ,inspector ,general in accordance with the applicable security standards and procedures established under ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note2 relating to classified national security information71 section #ajb;,a or #hjc of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjbd2 #cafb;a71 or chapter #ab of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bafa et seq474 ,such a disclosure of classified information that is made by an individual who at the time of the disclosure does not hold the appropriate clearance or authority to access such classified information1 but that is otherwise made in accordance with such security standards and procedures1 shall be treated as an authorized disclosure and does not violate-- 7i7 any otherwise applicable nondisclosure agreement2 7ii7 any otherwise applicable regulation or order issued under the authority of ,executive ,order #acebf or chapter #ah of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbga et seq472 or 7iii7 section #gih of title #ah1 ,united ,states ,code1 or any other provision of law relating to the unauthorized disclosure of national security information4 2 and 7#c7 in the paragraph enumerator1 by striking 7#c7 and inserting 7#c77;,a74 7c7 ,other ,inspectors ,general of elements of the intelligence community ,section #daf of title #e1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7i7 ,protection for individuals making authorized disclosures ,an individual may disclose classified information to an ,inspector ,general of an element of the intelligence community in accordance with the applicable security standards and procedures established under ,executive ,order #acebf 7#ej ,u4,s4,c4 #cafa note2 relating to classified national security information71 section #ajb;,a or #hjc of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjbd2 #cafb;a71 or chapter #ab of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bafa et seq474 ,such a disclosure of classified information that is made by an individual who at the time of the disclosure does not hold the appropriate clearance or authority to access such classified information1 but that is otherwise made in accordance with such security standards and procedures1 shall be treated as an authorized disclosure and does not violate-- 7#a7 any otherwise applicable nondisclosure agreement2 7#b7 any otherwise applicable regulation or order issued under the authority of ,executive ,order #acebf or chapter #ah of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbga et seq472 or 7#c7 section #gih of title #ah1 or any other provision of law relating to the unauthorized disclosure of national security information4 4 #hjd4 ,clarification of authority of certain ,inspectors ,general to receive protected disclosures ,section #aajd of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cbcd7 is amended-- 7#a7 in subsection 7b77#a71 by inserting or covered intelligence community element after the appropriate inspector general of the employing agency2 and 7#b7 in subsection 7c77#a77;,a71 by inserting or covered intelligence community element after the appropriate inspector general of the employing or contracting agency4 #hje4 ,whistleblower protections relating to psychiatric testing or examination 7a7 ,prohibited personnel practices ,section #aajd7;a77#c7 of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cbcd7;a77#c77 is amended-- 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 following new subparagraph3 7,j7 a decision to order psychiatric testing or examination2 or 4 7b7 ,application ,the amendments made by this section shall apply with respect to matters arising under section #aajd of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cbcd7 on or after the date of the enactment of this ,act4 #hjf4 ,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 #hjg4 ,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 ,,ix ,anomalous health incidents #ija4 ,additional discretion for ,director of ,central ,intelligence ,agency in paying costs of treating qualifying injuries and making payments for qualifying injuries to the brain 7a7 ,additional authority for covering costs for treating qualifying injuries under extraordinary circumstances ,subsection 7c7 of section #ai;,a of the ,central ,intelligence ,agency ,act of #aidi 7#ej ,u4,s4,c4 #ceai;b7 is amended-- 7#a7 by striking ,the ,director may and inserting the following3 7#a7 ,in general ,the ,director may 2 and 7#b7 by adding at the end the following3 7#b7 ,extraordinary circumstances ,under such circumstances as the ,director determines extraordinary1 the ,director may pay the costs of treating a qualifying injury of a covered employee1 a covered individual1 or a covered dependent or may reimburse a covered employee1 a covered individual1 or a covered dependent for such costs1 that are not otherwise covered by a provision of ,federal law1 regardless of the date of the injury and the location of the employee1 individual1 or dependent when the injury occurred4 4 7b7 ,additional authority for making payments for qualifying injuries to the brain under extraordinary circumstances ,subsection 7d77#b7 of such section is amended-- 7#a7 by striking ,notwithstanding and inserting the following3 7,a7 ,in general ,notwithstanding 2 and 7#b7 by adding at the end the following3 7,b7 ,extraordinary circumstances ,under such circumstances as the ,director determines extraordinary1 the ,director may provide payment to a covered employee1 a covered individual1 or a covered dependent for any qualifying injury to the brain1 regardless of the date of the injury and the location of the employee1 individual1 or dependent when the injury occurred4 4 7c7 ,congressional notification ,such section is amended by adding at the end the following new subsection3 7e7 ,congressional notification ,whenever the ,director makes a payment or reimbursement made under subsection 7c7 or 7d77#b71 the ,director shall1 not later than #cj days after the date on which the payment or reimbursement is made1 submit to the congressional intelligence committees 7as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc77 a notification of such payment or reimbursement4 4 #ijb4 ,additional discretion for ,secretary of ,state and heads of other ,federal agencies in paying costs of treating qualifying injuries and making payments for qualifying injuries to the brain 7a7 ,additional authority for covering costs for treating qualifying injuries under extraordinary circumstances ,subsection 7b7 of section #ija of division ,j of the ,further ,consolidated ,appropriations ,act1 #bjbj 7#bb ,u4,s4,c4 #bfhj;b7 is amended to read as follows3 7b7 ,costs for treating qualifying injuries 7#a7 ,in general ,the ,secretary of ,state or the head of any other ,federal agency may pay or reimburse the costs relating to diagnosing and treating-- 7,a7 a qualifying injury of a covered employee for such costs1 that are not otherwise covered by chapter #ha of title #e1 ,united ,states ,code1 or other provision of ,federal law2 or 7,b7 a qualifying injury of a covered individual1 or a covered dependent1 for such costs that are not otherwise covered by ,federal law4 7#b7 ,extraordinary circumstances ,under such circumstances as the ,secretary of ,state or other agency head determines extraordinary1 the ,secretary or other agency head may pay the costs of treating a qualifying injury of a covered employee1 a covered individual1 or a covered dependent or may reimburse a covered employee1 a covered individual1 or a covered dependent for such costs1 that are not otherwise covered by a provision of ,federal law1 regardless of the date on which the injury occurred4 4 7b7 ,additional authority for making payments for qualifying injuries to the brain under extraordinary circumstances ,subsection 7i77#b7 of such section is amended-- 7#a7 by striking ,notwithstanding and inserting the following3 7,a7 ,in general ,notwithstanding 2 and 7#b7 by adding at the end the following3 7,b7 ,extraordinary circumstances ,under such circumstances as the ,secretary of ,state or other agency head with an employee determines extraordinary1 the ,secretary or other agency head may provide payment to a covered dependent1 a dependent of a former employee1 a covered employee1 a former employee1 and a covered individual for any qualifying injury to the brain1 regardless of the date on which the injury occurred4 4 7c7 ,changes to definitions ,subsection 7e7 of such section is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter before subparagraph 7,a71 by striking a employee who1 on or after ,january #a1 #bjaf and inserting an employee who1 on or after ,september #aa1 #bjja2 and 7,b7 in subparagraph 7,a71 by inserting 1 or duty station in the ,united ,states before the semicolon2 7#b7 in paragraph 7#b7-- 7,a7 by striking ,january #a1 #bjaf and inserting ,september #aa1 #bjja2 and 7,b7 by inserting 1 or duty station in the ,united ,states1 after pursuant to subsection 7f72 7#c7 in paragraph 7#c7-- 7,a7 in the matter before subparagraph 7,a71 by striking ,january #a1 #bjaf and inserting ,september #aa1 #bjja2 and 7,b7 in subparagraph 7,a71 by inserting 1 or duty station in the ,united ,states before the semicolon2 and 7#d7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a77i71 by inserting 1 or duty station in the ,united ,states before the semicolon2 and 7,b7 in subparagraph 7,b77i71 by inserting 1 or duty station in the ,united ,states before the semicolon4 7d7 ,clarification relating to authorities of ,director of the ,central ,intelligence ,agency ,such section is further amended by adding at the end the following3 7k7 ,relation to ,director of ,central ,intelligence ,agency ,the authorities and requirements of this section shall not apply to the ,director of the ,central ,intelligence ,agency4 4 #ijc4 ,improved funding flexibility for payments made by ,department of ,state for qualifying injuries to the brain ,section #ija7;i7 of division ,j of the ,further ,consolidated ,appropriations ,act1 #bjbj 7#bb ,u4,s4,c4 #bfhj;b7 is amended by striking paragraph 7#c7 and inserting the following3 7#c7 ,funding 7,a7 ,in general ,payment under paragraph 7#b7 in a fiscal year may be made using any funds-- 7i7 appropriated specifically for payments under such paragraph2 or 7ii7 reprogrammed in accordance with an applicable provision of law4 7,b7 ,budget ,for each fiscal year1 the ,secretary of ,state 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 ,x ,unidentified anomalous phenomena #ajja4 ,comptroller ,general of the ,united ,states review of ,all-domain ,anomaly ,resolution ,office 7a7 ,definitions ,in this section1 the terms congressional defense committees1 congressional leadership1 and unidentified anomalous phenomena have the meanings given such terms in section #afhc7n7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbb 7#ej ,u4,s4,c4 #ccgc7n774 7b7 ,review required ,the ,comptroller ,general of the ,united ,states shall conduct a review of the ,all-domain ,anomaly ,resolution ,office 7in this section referred to as the ,office74 7c7 ,elements ,the review conducted pursuant to subsection 7b7 shall include the following3 7#a7 ,a review of the implementation by the ,office of the duties and requirements of the ,office under section #afhc of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbb 7#ej ,u4,s4,c4 #ccgc71 such as the process for operational unidentified anomalous phenomena reporting and coordination with the ,department of ,defense1 the intelligence community1 and other departments and agencies of the ,federal ,government and non-,government entities4 7#b7 ,a review of such other matters relating to the activities of the ,office that pertain to unidentified anomalous phenomena as the ,comptroller ,general considers appropriate4 7d7 ,report ,following the review required by subsection 7b71 in a timeframe mutually agreed upon by the congressional intelligence committees1 the congressional defense committees1 congressional leadership1 and the ,comptroller ,general1 the ,comptroller ,general shall submit to such committees and congressional leadership a report on the findings of the ,comptroller ,general with respect to the review conducted under subsection 7b74 #ajjb4 ,sunset of requirements relating to audits of unidentified anomalous phenomena historical record report ,section #fjja of the ,intelligence ,authorization ,act for ,fiscal ,year #bjbc 7#ej ,u4,s4,c4 #ccgc note7 is amended-- 7#a7 in subsection 7b77#b71 by inserting until ,april #a1 #bjbe after quarterly basis2 and 7#b7 in subsection 7c71 by inserting until ,june #cj1 #bjbe after semiannually thereafter4 #ajjc4 ,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 ,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 #ccgc7n774 7b7 ,limitations ,none of the funds authorized to be appropriated or otherwise made available by this ,act may be obligated or expended in support of any activity involving unidentified anomalous phenomena protected under any form of special access or restricted access limitation unless the ,director of ,national ,intelligence has provided the details of the activity to the appropriate committees of ,congress and congressional leadership1 including for any activities described in a report released by the ,all-domain ,anomaly ,resolution ,office in fiscal year #bjbd4 7c7 ,limitation regarding independent research and development ,independent research and development funding relating to unidentified anomalous phenomena 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 appropriate congressional committees and leadership4 ,,xi ,air ,america #aaja4 ,short title ,this title may be cited as the ,air ,america ,act of #bjbd4 #aajb4 ,findings ,congress finds the following3 7#a7 ,air ,america and its affiliated companies1 in coordination with the ,central ,intelligence ,agency1 provided direct and indirect support to the ,united ,states ,government from #aiej to #aigf4 7#b7 ,the service and sacrifice of employees of ,air ,america included-- 7,a7 suffering a high rate of casualties in the course of service2 7,b7 saving thousands of lives in search and rescue missions for downed ,united ,states airmen and in allied refugee evacuations2 and 7,c7 serving lengthy periods under challenging circumstances abroad4 #aajc4 ,definitions ,in this title3 7#a7 ,affiliated company ,the term affiliated company1 with respect to ,air ,america1 includes ,air ,asia ,company ,limited1 ,,cat ,incorporated1 ,civil ,air ,transport ,company ,limited1 and the ,pacific ,division of ,southern ,air ,transport4 7#b7 ,air ,america ,the term ,air ,america means ,air ,america1 ,incorporated4 7#c7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,select ,committee on ,intelligence1 and the ,committee on ,appropriations of the ,senate2 and 7,b7 the ,committee on ,oversight and ,accountability1 the ,permanent ,select ,committee on ,intelligence1 and the ,committee on ,appropriations of the ,house of ,representatives4 7#d7 ,child2 dependent2 widow2 widower ,the terms child1 dependent1 widow1 and widower have the meanings given those terms in section #hcda7;a7 of title #e1 ,united ,states ,code1 except that such section shall be applied by substituting individual who performed qualifying service for employee or ,member4 7#e7 ,covered decedent ,the term covered decedent means an individual who was killed in ,southeast ,asia while supporting operations of the ,central ,intelligence ,agency during the period beginning on ,january #a1 #aiej1 and ending on ,december #ca1 #aigf1 as a ,united ,states citizen employee of ,air ,america or an affiliated company4 7#f7 ,director ,the term ,director means the ,director of the ,central ,intelligence ,agency4 7#g7 ,qualifying service ,the term qualifying service means service that-- 7,a7 was performed by a ,united ,states citizen as an employee of ,air ,america or an affiliated company during the period beginning on ,january #a1 #aiej1 and ending on ,december #ca1 #aigf2 and 7,b7 is documented in-- 7i7 the corporate records of ,air ,america or an affiliated company2 7ii7 records possessed by the ,united ,states ,government2 or 7iii7 the personal records of a former employee of ,air ,america or an affiliated company that are verified by the ,united ,states ,government4 7#h7 ,survivor ,the term survivor means-- 7,a7 the widow or widower of-- 7i7 an individual who performed qualifying service2 or 7ii7 a covered decedent2 or 7,b7 an individual who1 at any time during or since the period of qualifying service1 or on the date of death of a covered decedent1 was a dependent or child of-- 7i7 the individual who performed such qualifying service2 or 7ii7 the covered decedent4 #aajd4 ,award authorized to eligible persons 7a7 ,in general ,subject to the limitation in subsection 7d71 the ,director shall provide an award payment of #dj1jjj under this section-- 7#a7 to an individual who performed qualifying service for a period greater than or equal to #e years or to a survivor of such individual2 or 7#b7 to the survivor of a covered decedent4 7b7 ,requirements 7#a7 ,in general ,to be eligible for a payment under this subsection1 an individual who performed qualifying service or survivor 7as the case may be7 must demonstrate to the satisfaction of the ,director that the individual whose qualifying service upon which the payment is based meets the criteria of paragraph 7#a7 or 7#b7 of subsection 7a74 7#b7 ,reliance on records ,in carrying out this subsection1 in addition to any evidence provided by such an individual or survivor1 the ,director may rely on records possessed by the ,united ,states ,government4 7c7 ,additional payment ,if an individual1 or in the case of a survivor1 the individual whose qualifying service upon which the payment is based1 can demonstrate to the ,director that the qualifying service of the individual exceeded #e years1 the ,director shall pay to such individual or survivor an additional #h1jjj for each full year in excess of #e years 7and a proportionate amount for a partial year74 7d7 ,survivors ,in the case of an award granted to a survivor under this section1 the payment shall be made-- 7#a7 to the surviving widow or widower2 or 7#b7 if there is no surviving widow or widower1 to the surviving dependents or children1 in equal shares4 #aaje4 ,funding limitation 7a7 ,in general ,the total amount of awards granted under this title may not exceed #fj1jjj1jjj4 7b7 ,requests for additional funds ,if1 at the determination of the ,director1 the amount of funds required to satisfy all valid applications for payment under this title exceeds the limitation set forth in subsection 7a71 the ,director shall submit to ,congress a request for sufficient funds to fulfill all remaining payments4 7c7 ,awards to employees of ,intermountain ,aviation ,the ,director may determine1 on a case-by-case basis1 to award amounts to individuals who performed service consistent with the definition of qualifying service as employees of ,intermountain ,aviation4 #aajf4 ,time limitation 7a7 ,in general ,to be eligible for an award payment under this title1 a claimant must file a claim for such payment with the ,director not later than #b years after the effective date of the regulations prescribed by the ,director in accordance with section #aajg4 7b7 ,determination ,not later than #ij days after receiving a claim for an award payment under this section1 the ,director shall determine the eligibility of the claimant for payment4 7c7 ,payment 7#a7 ,in general ,if the ,director determines that the claimant is eligible for the award payment1 the ,director shall pay the award payment not later than #fj days after the date of such determination4 7#b7 ,lump-sum payment ,the ,director shall issue each payment as a one-time lump sum payment contingent upon the timely filing of the claimant under this section4 7#c7 ,notice and delays ,the ,director shall notify the appropriate congressional committees of any delays in making an award payment not later than #cj days after the date such payment is due4 #aajg4 ,application procedures 7a7 ,in general ,the ,director shall prescribe procedures to carry out this title1 which shall include processes under which-- 7#a7 claimants may submit claims for payment under this title2 7#b7 the ,director will award the amounts under section #aajd2 and 7#c7 claimants can obtain redress and appeal determinations under section #aajf4 7b7 ,other matters ,such procedures-- 7#a7 shall be-- 7,a7 prescribed not later than #fj days after the date of the enactment of this ,act2 and 7,b7 published in the ,code of ,federal ,regulations2 and 7#b7 shall not be subject to chapter #e of title #e1 ,united ,states ,code4 #aajh4 ,rule of construction ,nothing in this title shall be construed to-- 7#a7 entitle any person to ,federal benefits1 including retirement benefits under chapter #hc or #hd of title #e1 ,united ,states ,code1 and disability or death benefits under chapter #ha of such title2 7#b7 change the legal status of the former ,air ,america corporation or any affiliated company2 or 7#c7 create any legal rights1 benefits1 or entitlements beyond the one-time award authorized by this title4 #aaji4 ,attorneys' and agents' fees 7a7 ,in general ,it shall be unlawful for more than #be percent of an award paid pursuant to this title to be paid to1 or received by1 any agent or attorney for any service rendered to a person who receives an award under section #aajd1 in connection with the award under this title4 7b7 ,violation ,any agent or attorney who violates subsection 7a7 shall be fined under title #ah1 ,united ,states ,code4 #aaaj4 ,no judicial review ,a determination by the ,director pursuant to this title is final and conclusive and shall not be subject to judicial review4 #aaaa4 ,reports to ,congress ,until the date that all funds available for awards under this title are expended1 the ,director shall submit to the appropriate congressional committees a semiannual report describing the number of award payments made and denied during the #ahj days preceding the submission of the report1 including the rationales for any denials1 and if1 at the determination of the ,director1 the amount of funds provided to carry out this title is insufficient to satisfy any remaining or anticipated claims4 ,,xii ,other matters #abja4 ,enhanced authorities for amicus curiae under the ,foreign ,intelligence ,surveillance ,act of #aigh 7a7 ,expansion of appointment authority 7#a7 ,in general ,section #ajc7;i77#b77;,a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;i77#b77;,a77 is amended by striking clause 7i7 and inserting the following3 7i7 shall appoint one or more individuals who have been designated under paragraph 7#a71 not less than one of whom possesses privacy and civil liberties expertise1 unless the court finds that such a qualification is inappropriate1 to serve as amicus curiae to assist the court in the consideration of any application or motion for an order or review that1 in the opinion of the court-- 7,i7 presents a novel or significant interpretation of the law1 unless the court issues a finding that such appointment is not appropriate2 7,,ii7 presents exceptional concerns with respect to the activities of a ,united ,states person that are protected by the first amendment to the ,constitution of the ,united ,states1 unless the court issues a finding that such appointment is not appropriate2 7,,iii7 targets a ,united ,states person and presents or involves a sensitive investigative matter1 unless-- 7aa7 the matter represents an immediate danger to human life2 or 7bb7 the court issues a finding that such appointment is not appropriate2 7,,iv7 targets a ,united ,states person and presents a request for approval of programmatic surveillance or reauthorization of programmatic surveillance1 unless the court issues a finding that such appointment is not appropriate2 or 7,v7 targets a ,united ,states person and otherwise presents novel or exceptional civil liberties issues1 unless the court issues a finding that such appointment is not appropriate2 4 7#b7 ,definition of sensitive investigative matter ,subsection 7i7 of section #ajc of such ,act 7#ej ,u4,s4,c4 #ahjc7 is amended by adding at the end the following3 7#ab7 ,definition of sensitive investigative matter ,in this subsection1 the term sensitive investigative matter means-- 7,a7 an investigative matter that targets a ,united ,states person who is-- 7i7 a ,united ,states elected official2 7ii7 an appointee of-- 7,i7 the ,president2 or 7,,ii7 a ,state ,governor2 7iii7 a ,united ,states political candidate2 7iv7 a ,united ,states political organization or an individual prominent in such an organization2 7v7 a ,united ,states news media organization or a member of a ,united ,states news media organization2 or 7vi7 a ,united ,states religious organization or an individual prominent in such an organization2 or 7,b7 any other investigative matter involving a domestic entity or a known or presumed ,united ,states person that1 in the judgment of the applicable court established under subsection 7a7 or 7b71 is as sensitive as an investigative matter described in subparagraph 7,a74 4 7b7 ,authority ,to seek review ,subsection 7i7 of such section 7#ej ,u4,s4,c4 #ahjc71 as amended by subsection 7a7 of this section1 is further amended-- 7#a7 in paragraph 7#d7-- 7,a7 in the paragraph heading1 by inserting 2 authority after ,duties2 7,b7 by striking the amicus curiae shall and all that follows through provide and insert the following3 8the amicus curiae-- 7,a7 shall provide 2 7,c7 in subparagraph 7,a71 as so designated-- 7i7 in clause 7i71 by inserting before the semicolon at the end the following3 1 including legal arguments regarding any privacy or civil liberties interest of any ,united ,states person that would be significantly impacted by the application or motion2 and 7ii7 in clause 7iii71 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7,b7 may seek leave to raise any novel or significant privacy or civil liberties issue relevant to the application or motion or other issue directly impacting the legality of the proposed electronic surveillance with the court1 regardless of whether the court has requested assistance on that issue4 2 7#b7 by redesignating paragraphs 7#g7 through 7#ab7 as paragraphs 7#h7 through 7#ac71 respectively2 and 7#c7 by inserting after paragraph 7#f7 the following3 7#g7 ,authority to seek review of decisions 7,a7 ,,fisa ,court decisions ,following issuance of a final order under this ,act by the ,foreign ,intelligence ,surveillance ,court in a matter in which an amicus curiae was appointed under paragraph 7#b71 that amicus curiae may petition the ,foreign ,intelligence ,surveillance ,court to certify for review to the ,foreign ,intelligence ,surveillance ,court of ,review a question of law pursuant to subsection 7j74 ,if the court denies such petition1 the court shall provide for the record a written statement of the reasons for such denial4 ,upon certification of any question of law pursuant to this subparagraph1 the ,court of ,review shall appoint the amicus curiae to assist the ,court of ,review in its consideration of the certified question1 unless the ,court of ,review issues a finding that such appointment is not appropriate4 7,b7 ,,fisa ,court of ,review decisions ,an amicus curiae appointed under paragraph 7#b7 may petition the ,foreign ,intelligence ,surveillance ,court of ,review to certify for review to the ,supreme ,court of the ,united ,states any question of law pursuant to section #abed7b7 of title #bh1 ,united ,states ,code1 in the matter in which that amicus curiae was appointed4 7,c7 ,declassification of referrals ,for purposes of section #fjb1 if the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review denies a petition filed under subparagraph 7,a7 or 7,b7 of this paragraph1 that petition and all of its content shall be considered a decision1 order1 or opinion issued by the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review described in section #fjb7;a74 4 7c7 ,access to information 7#a7 ,application and materials ,subparagraph 7,a7 of section #ajc7;i77#f7 of such ,act 7#ej ,u4,s4,c4 #ahjc7;i77#f77 is amended to read as follows3 7,a7 ,in general 7i7 ,rights of amicus ,if a court established under subsection 7a7 or 7b7 appoints an amicus curiae under paragraph 7#b71 the amicus curiae-- 7,i7 shall have access to1 to the extent such information is available to the ,government and the court established under subsection 7a7 or 7b7 determines it is necessary to fulfill the duties of the amicus curiae-- 7aa7 the application1 certification1 petition1 motion1 and other information and supporting materials submitted to the ,foreign ,intelligence ,surveillance ,court in connection with the matter in which the amicus curiae has been appointed1 including access to any relevant legal precedent 7including any such precedent that is cited by the ,government1 including in such an application72 7bb7 a copy of each relevant decision made by the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review in which the court decides a question of law1 without regard to whether the decision is classified2 and 7cc7 any other information or materials that the court determines are relevant to the duties of the amicus curiae2 and 7,,ii7 may make a submission to the court requesting access to any other particular materials or information 7or category of materials or information7 that the amicus curiae believes to be relevant to the duties of the amicus curiae4 7ii7 ,supporting documentation regarding accuracy ,the ,foreign ,intelligence ,surveillance ,court1 upon the motion of an amicus curiae appointed under paragraph 7#b7 or upon its own motion1 may require the ,government to make available the supporting documentation regarding the accuracy of any material submitted to the ,foreign ,intelligence ,surveillance ,court in connection with the matter in which the amicus curiae has been appointed if the court determines the information is relevant to the duties of the amicus curiae4 4 7#b7 ,clarification of access to certain information ,such section is further amended by striking subparagraph 7,c7 and inserting the following3 7,c7 ,classified information ,an amicus curiae appointed by the court shall have access1 to the extent such information is available to the ,government and the court determines such information is relevant to the duties of the amicus curiae in the matter in which the amicus curiae was appointed1 to copies of each opinion1 order1 transcript1 pleading1 or other document of the ,foreign ,intelligence ,surveillance ,court and the ,foreign ,intelligence ,surveillance ,court of ,review1 including1 if the individual is eligible for access to classified information1 any classified documents1 information1 and other materials or proceedings1 but only to the extent consistent with the national security of the ,united ,states4 4 7#c7 ,consultation among amici curiae ,such section is further amended-- 7,a7 by redesignating subparagraphs 7,b71 7,c71 and 7,d7 as subparagraphs 7,c71 7,d71 and 7,e71 respectively2 and 7,b7 by inserting after subparagraph 7,a7 the following3 7,b7 ,consultation ,if the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review determines that it is relevant to the duties of an amicus curiae appointed by the court under paragraph 7#b71 the amicus curiae may consult with one or more of the other individuals designated to serve as amicus curiae pursuant to paragraph 7#a7 regarding any of the information relevant to any assigned proceeding4 4 7d7 ,term limits 7#a7 ,requirement ,paragraph 7#a7 of section #ajc7;i7 of such ,act 7#ej ,u4,s4,c4 #ahjc7;i77 is amended by adding at the end the following new sentence3 ,an individual may serve as an amicus curiae for a #e-year term1 and the presiding judges may1 for good cause1 jointly reappoint the individual to a single additional #e-year term44 7#b7 ,application ,the amendment made by paragraph 7#a7 shall apply with respect to the service of an amicus curiae appointed under section #ajc7;i7 of such ,act 7#ej ,u4,s4,c4 #ahjc7;i77 that occurs on or after the date of the enactment of this ,act1 regardless of the date on which the amicus curiae is appointed4 #abjb4 ,limitation on directives under ,foreign ,intelligence ,surveillance ,act of #aigh relating to certain electronic communication service providers ,section #gjb7;i7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahha;a7i77 is amended by adding at the end the following3 7#g7 ,limitation relating to certain electronic communication service providers 7,a7 ,definitions ,in this paragraph3 7i7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,i7 the congressional intelligence committees2 7,,ii7 the ,committee on the ,judiciary of the ,senate2 and 7,,iii7 the ,committee on the ,judiciary of the ,house of ,representatives4 7ii7 ,covered electronic communication service provider ,the term covered electronic communication service provider means-- 7,i7 a service provider described in section #gja7;b77#d77;,e72 or 7,,ii7 a custodian of an entity as defined in section #gja7;b77#d77;,f74 7iii7 ,covered opinions ,the term covered opinions means the opinions of the ,foreign ,intelligence ,surveillance ,court and the ,foreign ,intelligence ,surveillance ,court of ,review authorized for public release on ,august #bc1 #bjbc 7,opinion and ,order1 ,in re ,petition to ,set ,aside or ,modify ,directive ,issued to ,,redacted1 ,no4 ,,redacted1 7,,fisa ,ct4 ,,redacted #bjbb7 7,contreras ,j472 ,opinion1 ,in re ,petition to ,set ,aside or ,modify ,directive ,issued to ,,redacted1 ,no4 ,,redacted1 7,,fisa ,ct4 ,rev4 ,,redacted #bjbc7 7,sentelle1 ,j42 ,higginson1 ,j42 ,miller ,j4774 7,b7 ,limitation ,a directive may not be issued under paragraph 7#a7 to a covered electronic communication service provider unless the covered electronic communication service provider is a provider of the type of service at issue in the covered opinions4 7,c7 ,requirements for directives to covered electronic communication service providers 7i7 ,in general ,subject to clause 7ii71 any directive issued under paragraph 7#a7 on or after the date of the enactment of the ,intelligence ,authorization ,act for ,fiscal ,year #bjbe to a covered electronic communication service provider that is not prohibited by subparagraph 7,b7 of this paragraph shall include a summary description of the services at issue in the covered opinions4 7ii7 ,duplicate summaries not required ,a directive need not include a summary description of the services at issue in the covered opinions if such summary was included in a prior directive issued to the covered electronic communication service provider and the summary has not materially changed4 7,d7 ,foreign ,intelligence ,surveillance ,court notification and review 7i7 ,notification 7,i7 ,in general ,subject to subclause 7,,ii71 each time the ,attorney ,general and the ,director of ,national ,intelligence issue a directive under paragraph 7#a7 to a covered electronic communication service provider that is not prohibited by subparagraph 7,b7 and each time the ,attorney ,general and the ,director materially change a directive under paragraph 7#a7 issued to a covered electronic communication service provider that is not prohibited by subparagraph 7,b71 the ,attorney ,general and the ,director shall provide the directive to the ,foreign ,intelligence ,surveillance ,court on or before the date that is #g days after the date on which the ,attorney ,general and the ,director issue the directive1 along with a description of the covered electronic communication service provider to whom the directive is issued and the services at issue4 7,,ii7 ,duplication not required ,the ,attorney ,general and the ,director do not need to provide a directive or description to the ,foreign ,intelligence ,surveillance ,court under subclause 7,i7 if a directive and description concerning the covered electronic communication service provider was previously provided to the ,court and the directive or description has not materially changed4 7ii7 ,additional information ,as soon as feasible and not later than the initiation of collection1 the ,attorney ,general and the ,director shall1 for each directive described in subparagraph 7i71 provide the ,foreign ,intelligence ,surveillance ,court a description of the type of equipment to be accessed1 the nature of the access1 and the form of assistance required pursuant to the directive4 7iii7 ,review 7,i7 ,in general ,the ,foreign ,intelligence ,surveillance ,act ,court may review a directive received by the ,court under clause 7i7 to determine whether the directive is consistent with subparagraph 7,b7 and affirm1 modify1 or set aside the directive4 7,,ii7 ,notice of intent to review ,not later than #aj days after the date on which the ,court receives information under clause 7ii7 with respect to a directive1 the ,court shall provide notice to the ,attorney ,general1 the ,director1 and the covered electronic communication service provider1 indicating whether the ,court intends to undertake a review under subclause 7,i7 of this clause4 7,,iii7 ,completion of reviews ,in a case in which the ,court provides notice under subclause 7,,ii7 indicating that the ,court intends to review a directive under subclause 7,i71 the ,court shall1 not later than #cj days after the date on which the ,court provides notice under subclause 7,,ii7 with respect to the directive1 complete the review4 7,e7 ,congressional oversight 7i7 ,notification 7,i7 ,in general ,subject to subclause 7,,ii71 each time the ,attorney ,general and the ,director of ,national ,intelligence issue a directive under paragraph 7#a7 to a covered electronic communication service provider that is not prohibited by subparagraph 7,b7 and each time the ,attorney ,general and the ,director materially change a directive under paragraph 7#a7 issued to a covered electronic communication service provider that is not prohibited by subparagraph 7,b71 the ,attorney ,general and the ,director shall submit to the appropriate committees of ,congress the directive on or before the date that is #g days after the date on which the ,attorney ,general and the ,director issue the directive1 along with description of the covered electronic communication service provider to whom the directive is issued and the services at issue4 7,,ii7 ,duplication not required ,the ,attorney ,general and the ,director do not need to submit a directive or description to the appropriate committees of ,congress under subclause 7,i7 if a directive and description concerning the covered electronic communication service provider was previously submitted to the appropriate committees of ,congress and the directive or description has not materially changed4 7ii7 ,additional information ,as soon as feasible and not later than the initiation of collection1 the ,attorney ,general and the ,director shall1 for each directive described in subparagraph 7i71 provide the appropriate committees of ,congress a description of the type of equipment to be accessed1 the nature of the access1 and the form of assistance required pursuant to the directive4 7iii7 ,reporting 7,i7 ,quarterly reports ,not later than #ij days after the date of the enactment of the ,intelligence ,authorization ,act for ,fiscal ,year #bjbe and not less frequently than once each quarter thereafter1 the ,attorney ,general and the ,director shall submit to the appropriate committees of ,congress a report on the number of directives issued1 during the period covered by the report1 under paragraph 7#a7 to a covered electronic communication service provider and the number of directives provided during the same period to the ,foreign ,intelligence ,surveillance ,court under subparagraph 7,d77i74 7,,ii7 ,form of reports ,each report submitted pursuant to subclause 7,i7 shall be submitted in unclassified form1 but may include a classified annex4 7,,iii7 ,submittal of court opinions ,not later than #de days after the date on which the ,foreign ,intelligence ,surveillance ,court or the ,foreign ,intelligence ,surveillance ,court of ,review issues an opinion relating to a directive issued to a covered electronic communication service provider under paragraph 7#a71 the ,attorney ,general shall submit to the appropriate committees of ,congress a copy of the opinion4 4 #abjc4 ,strengthening ,election ,cybersecurity to ,uphold ,respect for ,elections through ,independent ,testing ,act of #bjbd 7a7 ,short title ,this section may be cited as the ,strengthening ,election ,cybersecurity to ,uphold ,respect for ,elections through ,independent ,testing ,act of #bjbd or the ,,secure ,,it ,act of #bjbd4 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 the ,commission based on accredited laboratories under this section4 7#b7 ,accreditation ,the ,commission shall develop a program for the acceptance of the results of penetration testing on election systems4 ,the penetration testing required by this subsection shall be required for ,commission certification4 ,the ,commission shall vote on the selection of any entity identified4 ,the requirements for such selection shall be based on consideration of an entity's competence to conduct penetration testing under this subsection4 ,the ,commission may consult with the ,national ,institute of ,standards and ,technology or any other appropriate ,federal agency on lab selection criteria and other aspects of this program4 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 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 within #ahj days after validating 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 ,commission1 subject to any subsequent review of such determination 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-- 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 program2 and 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 ,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 #abjd4 ,privacy and ,civil ,liberties ,oversight ,board qualifications ,section #ajfa7;h77#b7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee7h77#b77 is amended by striking and relevant experience and inserting or experience in positions requiring a security clearance1 and relevant national security experience4 #abje4 ,parity in pay for staff of the ,privacy and ,civil ,liberties ,oversight ,board and the intelligence community ,section #ajfa7;j77#a7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#db ,u4,s4,c4 #bjjj;ee7j77#a77 is amended by striking except that and all that follows through the period at the end and inserting except that no rate of pay fixed under this subsection may exceed the highest amount paid by any element of the intelligence community for a comparable position1 based on salary information provided to the chairman of the ,board by the ,director of ,national ,intelligence44 #abjf4 ,modification and repeal of reporting requirements 7a7 ,briefing on ,iranian expenditures supporting foreign military and terrorist activities ,section #fgje7;a77#a7 of the ,damon ,paul ,nelson and ,matthew ,young ,pollard ,intelligence ,authorization ,act for ,fiscal ,years #bjah1 #bjai1 and #bjbj 7#bb ,u4,s4,c4 #idab7;a77#a77 is amended by striking 1 and not less frequently than once each year thereafter provide a briefing to ,congress14 7b7 ,reports and briefings on national security effects of global water insecurity and emerging infectious diseases and pandemics ,section #fgbb7;b7 of the ,damon ,paul ,nelson and ,matthew ,young ,pollard ,intelligence ,authorization ,act for ,fiscal ,years #bjah1 #bjai1 and #bjbj 7#ej ,u4,s4,c4 #cjbd note2 division ,e of ,public ,law #aaf-ib7 is amended by-- 7#a7 striking paragraph 7#b72 and 7#b7 redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#b7 and 7#c71 respectively4 7c7 ,repeal of report on removal of satellites and related items from the ,united ,states munitions list ,section #abfa7;e7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjac 7#bb ,u4,s4,c4 #bggh note2 ,public ,law #aab-bci7 is repealed4 7d7 ,briefing on review of intelligence community analytic production ,section #ajai7;c7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7#ej ,u4,s4,c4 #ccfd7;c77 is amended by striking ,december #a and inserting ,february #a4 7e7 ,repeal of report on oversight of foreign influence in academia ,section #egac of the ,damon ,paul ,nelson and ,matthew ,young ,pollard ,intelligence ,authorization ,act for ,fiscal ,years #bjah1 #bjai1 and #bjbj 7#ej ,u4,s4,c4 #ccfi;b7 is repealed4 7f7 ,repeal of briefing on ,iranian expenditures supporting foreign military and terrorist activities ,section #fgje of the ,damon ,paul ,nelson and ,matthew ,young ,pollard ,intelligence ,authorization ,act for ,fiscal ,years #bjah1 #bjai1 and #bjbj 7#bb ,u4,s4,c4 #idab7 is amended-- 7#a7 by striking subsection 7b72 7#b7 by striking the enumerator and heading for subsection 7a72 7#c7 by redesignating paragraphs 7#a7 and 7#b7 as subsections 7a7 and 7b71 respectively1 and moving such subsections1 as so redesignated1 #b ems to the left2 7#d7 in subsection 7a71 as so redesignated1 by redesignating subparagraphs 7,a7 and 7,b7 as paragraphs 7#a7 and 7#b71 respectively1 and moving such paragraphs1 as so redesignated1 #b ems to the left2 and 7#e7 in paragraph 7#a71 as so redesignated1 by redesignating clauses 7i7 through 7v7 as subparagraphs 7,a7 through 7,e71 respectively1 and moving such subparagraphs1 as so redesignated1 #b ems to the left4 7g7 ,repeal of report on foreign investment risks ,section #fgaf of the ,damon ,paul ,nelson and ,matthew ,young ,pollard ,intelligence ,authorization ,act for ,fiscal ,years #bjah1 #bjai1 and #bjbj 7#ej ,u4,s4,c4 #ccgj;a7 is repealed4 7h7 ,repeal of report on intelligence community loan repayment programs ,section #fgbe7;c7 of the ,damon ,paul ,nelson and ,matthew ,young ,pollard ,intelligence ,authorization ,act for ,fiscal ,years #bjah1 #bjai1 and #bjbj 7#ej ,u4,s4,c4 #cccd;g7c77 is repealed4 7i7 ,repeal of report on data collection on attrition in intelligence community ,section #cjf7;c7 of the ,intelligence ,authorization ,act for ,fiscal ,year #bjba 7#ej ,u4,s4,c4 #cccd;h7c77 is repealed4 #abjg4 ,technical amendments 7a7 ,requirements relating to construction of facilities to be used primarily by intelligence community ,section #fjb7;a7 of the ,intelligence ,authorization ,act for ,fiscal ,year #aiie 7#ej ,u4,s4,c4 #ccjd7;a77 is amended-- 7#a7 in paragraph 7#a71 by striking #f1jjj1jjj and inserting #i1jjj1jjj2 and 7#b7 in paragraph 7#b7-- 7,a7 by striking #b1jjj1jjj each place it appears and inserting #d1jjj1jjj2 and 7,b7 by striking #f1jjj1jjj and inserting #i1jjj1jjj4 7b7 ,copyright protection for civilian faculty of certain accredited institutions ,section #aje of title #ag1 ,united ,states ,code1 is amended to read as follows3 #aje4 ,subject matter of copyright3 ,united ,states ,government works 7a7 ,in general ,copyright protection under this title is not available for any work of the ,united ,states ,government1 but the ,united ,states ,government is not precluded from receiving and holding copyrights transferred to it by assignment1 bequest1 or otherwise4 7b7 ,copyright protection of certain works ,subject to subsection 7c71 the covered author of a covered work owns the copyright to that covered work4 7c7 ,use by ,federal ,government 7#a7 ,secretary of ,defense authority ,with respect to a covered author who produces a covered work in the course of employment at a covered institution described in subparagraphs 7,a7 through 7,k7 of subsection 7d77#b71 the ,secretary of ,defense may direct the covered author to provide the ,federal ,government with an irrevocable1 royalty-free1 worldwide1 nonexclusive license to reproduce1 distribute1 perform1 or display such covered work for purposes of the ,united ,states ,government4 7#b7 ,secretary of ,homeland ,security authority ,with respect to a covered author who produces a covered work in the course of employment at the covered institution described in subsection 7d77#b77,l71 the ,secretary of ,homeland ,security may direct the covered author to provide the ,federal ,government with an irrevocable1 royalty-free1 worldwide1 nonexclusive license to reproduce1 distribute1 perform1 or display such covered work for purposes of the ,united ,states ,government4 7#c7 ,director of ,national ,intelligence authority ,with respect to a covered author who produces a covered work in the course of employment at the covered institution described in subsection 7d77#b77,m71 the ,director of ,national ,intelligence may direct the covered author to provide the ,federal ,government with an irrevocable1 royalty-free1 worldwide1 nonexclusive license to reproduce1 distribute1 perform1 or display such covered work for purposes of the ,united ,states ,government4 7#d7 ,secretary of ,transportation authority ,with respect to a covered author who produces a covered work in the course of employment at the covered institution described in subsection 7d77#b77,n71 the ,secretary of ,transportation may direct the covered author to provide the ,federal ,government with an irrevocable1 royalty-free1 worldwide1 nonexclusive license to reproduce1 distribute1 perform1 or display such covered work for purposes of the ,united ,states ,government4 7d7 ,definitions ,in this section3 7#a7 ,covered author ,the term covered author means a civilian member of the faculty of a covered institution4 7#b7 ,covered institution ,the term covered institution means the following3 7,a7 ,national ,defense ,university4 7,b7 ,united ,states ,military ,academy4 7,c7 ,army ,war ,college4 7,d7 ,united ,states ,army ,command and ,general ,staff ,college4 7,e7 ,united ,states ,naval ,academy4 7,f7 ,naval ,war ,college4 7,g7 ,naval ,postgraduate ,school4 7,h7 ,marine ,corps ,university4 7,i7 ,united ,states ,air ,force ,academy4 7,j7 ,air ,university4 7,k7 ,defense ,language ,institute4 7,l7 ,united ,states ,coast ,guard ,academy4 7,m7 ,national ,intelligence ,university4 7,n7 ,united ,states ,merchant ,marine ,academy4 7#c7 ,covered work ,the term covered work means a literary work produced by a covered author in the course of employment at a covered institution for publication by a scholarly press or journal4 4 ,june #c1 #bjbd,reported the following original bill2 which was read twice and placed on the calendar