II
Calendar No. 412
118THCONGRESS
2
DSESSION S. 4443
To authorize appropriations for fiscal year 2025 for intelligence and intel-
ligence-related activities of the United States Government, the Intel-
ligence Community Management Account, and the Central Intelligence
Agency Retirement and Disability System, and for other purposes.
IN THE SENATE OF THE UNITED STATES
JUNE3, 2024
Mr. W
ARNER, from the Select Committee on Intelligence, reported the
following original bill; which was read twice and placed on the calendar
A BILL
To authorize appropriations for fiscal year 2025 for intel-
ligence and intelligence-related activities of the United
States Government, the Intelligence Community Manage-
ment Account, and the Central Intelligence Agency Re-
tirement and Disability System, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3
(a) S
HORTTITLE.—This Act may be cited as the 4
‘‘Intelligence Authorization Act for Fiscal Year 2025’’. 5
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(b) TABLE OFCONTENTS.—The table of contents for 1
this Act is as follows: 2
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I—INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
Sec. 104. Increase in employee compensation and benefits authorized by law.
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
TITLE III—INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Improvements relating to conflicts of interest in the Intelligence Inno-
vation Board.
Sec. 302. National Threat Identification and Prioritization Assessment and Na-
tional Counterintelligence Strategy.
Sec. 303. Open Source Intelligence Division of Office of Intelligence and Anal-
ysis personnel.
Sec. 304. Appointment of Director of the Office of Intelligence and Counter-
intelligence.
Sec. 305. Improvements to advisory board of National Reconnaissance Office.
Sec. 306. National Intelligence University acceptance of grants.
Sec. 307. Protection of Central Intelligence Agency facilities and assets from
unmanned aircraft.
Sec. 308. Limitation on availability of funds for new controlled access pro-
grams.
Sec. 309. Limitation on transfers from controlled access programs.
Sec. 310. Expenditure of funds for certain intelligence and counterintelligence
activities of the Coast Guard.
Sec. 311. Unauthorized access to intelligence community property.
Sec. 312. Strengthening of Office of Intelligence and Analysis.
Sec. 313. Report on sensitive commercially available information.
Sec. 314. Policy on collection of United States location information.
Sec. 315. Display of flags, seals, and emblems other than the United States
flag.
TITLE IV—COUNTERING FOREIGN THREATS
Subtitle A—People’s Republic of China
Sec. 401. Strategy and outreach on risks posed by People’s Republic of China
smartport technology.
Sec. 402. Assessment of current status of biotechnology of People’s Republic of
China.
Sec. 403. Intelligence sharing with law enforcement agencies on synthetic opioid
precursor chemicals originating in People’s Republic of China.
Sec. 404. Report on efforts of the People’s Republic of China to evade United
States transparency and national security regulations.
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Sec. 405. Plan for recruitment of Mandarin speakers.
Subtitle B—The Russian Federation
Sec. 411. Assessment of Russian Federation sponsorship of acts of inter-
national terrorism.
Sec. 412. Assessment of likely course of war in Ukraine.
Subtitle C—International Terrorism
Sec. 421. Inclusion of Hamas, Hezbollah, Al-Qaeda, and ISIS officials and
members among aliens engaged in terrorist activity.
Sec. 422. Assessment and report on the threat of ISIS-Khorasan to the United
States.
Sec. 423. Terrorist financing prevention.
Subtitle D—Other Foreign Threats
Sec. 431. Assessment of visa-free travel to and within Western Hemisphere by
nationals of countries of concern.
Sec. 432. Study on threat posed by foreign investment in United States agricul-
tural land.
Sec. 433. Assessment of threat posed by citizenship-by-investment programs.
Sec. 434. Mitigating the use of United States components and technology in
hostile activities by foreign adversaries.
Sec. 435. Office of Intelligence and Counterintelligence review of visitors and
assignees.
Sec. 436. Prohibition on National Laboratories admitting certain foreign na-
tionals.
Sec. 437. Quarterly report on certain foreign nationals encountered at the
United States border.
Sec. 438. Assessment of the lessons learned by the intelligence community with
respect to the Israel-Hamas war.
Sec. 439. Central Intelligence Agency intelligence assessment on Tren de
Aragua.
Sec. 440. Assessment of Maduro regime’s economic and security relationships
with state sponsors of terrorism and foreign terrorist organiza-
tions.
Sec. 441. Continued congressional oversight of Iranian expenditures supporting
foreign military and terrorist activities.
TITLE V—EMERGING TECHNOLOGIES
Sec. 501. Strategy to counter foreign adversary efforts to utilize biotechnologies
in ways that threaten United States national security.
Sec. 502. Improvements to the roles, missions, and objectives of the National
Counterproliferation and Biosecurity Center.
Sec. 503. Enhancing capabilities to detect foreign adversary threats relating to
biological data.
Sec. 504. National security procedures to address certain risks and threats re-
lating to artificial intelligence.
Sec. 505. Establishment of Artificial Intelligence Security Center.
Sec. 506. Sense of Congress encouraging intelligence community to increase
private sector capital partnerships and partnership with Office
of Strategic Capital of Department of Defense to secure endur-
ing technological advantages.
Sec. 507. Intelligence Community Technology Bridge Fund.
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Sec. 508. Enhancement of authority for intelligence community public-private
talent exchanges.
Sec. 509. Enhancing intelligence community ability to acquire emerging tech-
nology that fulfills intelligence community needs.
Sec. 510. Management of artificial intelligence security risks.
Sec. 511. Protection of technological measures designed to verify authenticity
or provenance of machine-manipulated media.
Sec. 512. Sense of Congress on hostile foreign cyber actors.
Sec. 513. Designation of state sponsors of ransomware and reporting require-
ments.
Sec. 514. Deeming ransomware threats to critical infrastructure a national in-
telligence priority.
TITLE VI—CLASSIFICATION REFORM
Sec. 601. Governance of classification and declassification system.
Sec. 602. Classification and declassification of information.
Sec. 603. Minimum standards for Executive agency insider threat programs.
TITLE VII—SECURITY CLEARANCES AND INTELLIGENCE
COMMUNITY WORKFORCE IMPROVEMENTS
Sec. 701. Security clearances held by certain former employees of intelligence
community.
Sec. 702. Policy for authorizing intelligence community program of contractor-
owned and contractor-operated sensitive compartmented infor-
mation facilities.
Sec. 703. Enabling intelligence community integration.
Sec. 704. Appointment of spouses of certain Federal employees.
Sec. 705. Plan for staffing the intelligence collection positions of the Central
Intelligence Agency.
Sec. 706. Intelligence community workplace protections.
Sec. 707. Sense of Congress on Government personnel support for foreign ter-
rorist organizations.
TITLE VIII—WHISTLEBLOWERS
Sec. 801. Improvements regarding urgent concerns submitted to Inspectors
General of the intelligence community.
Sec. 802. Prohibition against disclosure of whistleblower identity as act of re-
prisal.
Sec. 803. Protection for individuals making authorized disclosures to Inspectors
General of elements of the intelligence community.
Sec. 804. Clarification of authority of certain Inspectors General to receive pro-
tected disclosures.
Sec. 805. Whistleblower protections relating to psychiatric testing or examina-
tion.
Sec. 806. Establishing process parity for adverse security clearance and access
determinations.
Sec. 807. Elimination of cap on compensatory damages for retaliatory revoca-
tion of security clearances and access determinations.
TITLE IX—ANOMALOUS HEALTH INCIDENTS
Sec. 901. Additional discretion for Director of Central Intelligence Agency in
paying costs of treating qualifying injuries and making pay-
ments for qualifying injuries to the brain.
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Sec. 902. Additional discretion for Secretary of State and heads of other Fed-
eral agencies in paying costs of treating qualifying injuries and
making payments for qualifying injuries to the brain.
Sec. 903. Improved funding flexibility for payments made by Department of
State for qualifying injuries to the brain.
TITLE X—UNIDENTIFIED ANOMALOUS PHENOMENA
Sec. 1001. Comptroller General of the United States review of All-domain
Anomaly Resolution Office.
Sec. 1002. Sunset of requirements relating to audits of unidentified anomalous
phenomena historical record report.
Sec. 1003. Funding limitations relating to unidentified anomalous phenomena.
TITLE XI—AIR AMERICA
Sec. 1101. Short title.
Sec. 1102. Findings.
Sec. 1103. Definitions.
Sec. 1104. Award authorized to eligible persons.
Sec. 1105. Funding limitation.
Sec. 1106. Time limitation.
Sec. 1107. Application procedures.
Sec. 1108. Rule of construction.
Sec. 1109. Attorneys’ and agents’ fees.
Sec. 1110. No judicial review.
Sec. 1111. Reports to Congress.
TITLE XII—OTHER MATTERS
Sec. 1201. Enhanced authorities for amicus curiae under the Foreign Intel-
ligence Surveillance Act of 1978.
Sec. 1202. Limitation on directives under Foreign Intelligence Surveillance Act
of 1978 relating to certain electronic communication service
providers.
Sec. 1203. Strengthening Election Cybersecurity to Uphold Respect for Elec-
tions through Independent Testing Act of 2024.
Sec. 1204. Privacy and Civil Liberties Oversight Board qualifications.
Sec. 1205. Parity in pay for staff of the Privacy and Civil Liberties Oversight
Board and the intelligence community.
Sec. 1206. Modification and repeal of reporting requirements.
Sec. 1207. Technical amendments.
SEC. 2. DEFINITIONS.
1
In this Act: 2
(1) C
ONGRESSIONAL INTELLIGENCE COMMIT -3
TEES.—The term ‘‘congressional intelligence com-4
mittees’’ has the meaning given such term in section 5
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3 of the National Security Act of 1947 (50 U.S.C. 1
3003). 2
(2) I
NTELLIGENCE COMMUNITY .—The term 3
‘‘intelligence community’’ has the meaning given 4
such term in such section. 5
TITLE I—INTELLIGENCE 6
ACTIVITIES 7
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 8
Funds are hereby authorized to be appropriated for 9
fiscal year 2025 for the conduct of the intelligence and 10
intelligence-related activities of the Federal Government. 11
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 12
(a) S
PECIFICATIONS OF AMOUNTS.—The amounts 13
authorized to be appropriated under section 101 for the 14
conduct of the intelligence activities of the Federal Gov-15
ernment are those specified in the classified Schedule of 16
Authorizations prepared to accompany this Act. 17
(b) A
VAILABILITY OFCLASSIFIEDSCHEDULE OFAU-18
THORIZATIONS.— 19
(1) A
VAILABILITY.—The classified Schedule of 20
Authorizations referred to in subsection (a) shall be 21
made available to the Committee on Appropriations 22
of the Senate, the Committee on Appropriations of 23
the House of Representatives, and to the President. 24
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(2) DISTRIBUTION BY THE PRESIDENT .—Sub-1
ject to paragraph (3), the President shall provide for 2
suitable distribution of the classified Schedule of Au-3
thorizations referred to in subsection (a), or of ap-4
propriate portions of such Schedule, within the exec-5
utive branch of the Federal Government. 6
(3) L
IMITS ON DISCLOSURE .—The President 7
shall not publicly disclose the classified Schedule of 8
Authorizations or any portion of such Schedule ex-9
cept— 10
(A) as provided in section 601(a) of the 11
Implementing Recommendations of the 9/11 12
Commission Act of 2007 (50 U.S.C. 3306(a)); 13
(B) to the extent necessary to implement 14
the budget; or 15
(C) as otherwise required by law. 16
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT AC-17
COUNT. 18
(a) A
UTHORIZATION OFAPPROPRIATIONS.—There is 19
authorized to be appropriated for the Intelligence Commu-20
nity Management Account of the Director of National In-21
telligence for fiscal year 2025 the sum of $656,573,000. 22
(b) C
LASSIFIEDAUTHORIZATION OF APPROPRIA-23
TIONS.—In addition to amounts authorized to be appro-24
priated for the Intelligence Community Management Ac-25
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count by subsection (a), there are authorized to be appro-1
priated for the Intelligence Community Management Ac-2
count for fiscal year 2025 such additional amounts as are 3
specified in the classified Schedule of Authorizations re-4
ferred to in section 102(a). 5
SEC. 104. INCREASE IN EMPLOYEE COMPENSATION AND 6
BENEFITS AUTHORIZED BY LAW. 7
Appropriations authorized by this Act for salary, pay, 8
retirement, and other benefits for Federal employees may 9
be increased by such additional or supplemental amounts 10
as may be necessary for increases in such compensation 11
or benefits authorized by law. 12
TITLE II—CENTRAL INTEL-13
LIGENCE AGENCY RETIRE-14
MENT AND DISABILITY SYS-15
TEM 16
SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 17
There is authorized to be appropriated for the Cen-18
tral Intelligence Agency Retirement and Disability Fund 19
$514,000,000 for fiscal year 2025. 20
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TITLE III—INTELLIGENCE 1
COMMUNITY MATTERS 2
SEC. 301. IMPROVEMENTS RELATING TO CONFLICTS OF IN-3
TEREST IN THE INTELLIGENCE INNOVATION 4
BOARD. 5
Section 7506(g) of the Intelligence Authorization Act 6
for Fiscal Year 2024 (Public Law 118–31) is amended— 7
(1) in paragraph (2)— 8
(A) in subparagraph (A), by inserting ‘‘ac-9
tive and’’ before ‘‘potential’’; 10
(B) in subparagraph (B), by striking ‘‘the 11
Inspector General of the Intelligence Commu-12
nity’’ and inserting ‘‘the designated agency eth-13
ics official’’; 14
(C) by redesignating subparagraph (C) as 15
subparagraph (D); and 16
(D) by inserting after subparagraph (B) 17
the following: 18
‘‘(C) Authority for the designated agency 19
ethics official to grant a waiver for a conflict of 20
interest, except that— 21
‘‘(i) no waiver may be granted for an 22
active conflict of interest identified with re-23
spect to the Chair of the Board; 24
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‘‘(ii) every waiver for a potential con-1
flict of interest requires review and ap-2
proval by the Director of National Intel-3
ligence; and 4
‘‘(iii) for every waiver granted, the 5
designated agency ethics official shall sub-6
mit to the congressional intelligence com-7
mittees notice of the waiver.’’; and 8
(2) by adding at the end the following: 9
‘‘(3) D
EFINITION OF DESIGNATED AGENCY 10
ETHICS OFFICIAL.—In this subsection, the term 11
‘designated agency ethics official’ means the des-12
ignated agency ethics official (as defined in section 13
13101 of title 5, United States Code) in the Office 14
of the Director of National Intelligence.’’. 15
SEC. 302. NATIONAL THREAT IDENTIFICATION AND 16
PRIORITIZATION ASSESSMENT AND NA-17
TIONAL COUNTERINTELLIGENCE STRATEGY. 18
Section 904(f)(3) of the Counterintelligence En-19
hancement Act of 2002 (50 U.S.C. 3383(f)(3)) is amend-20
ed by striking ‘‘National Counterintelligence Executive’’ 21
and inserting ‘‘Director of the National Counterintel-22
ligence and Security Center’’. 23
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SEC. 303. OPEN SOURCE INTELLIGENCE DIVISION OF OF-1
FICE OF INTELLIGENCE AND ANALYSIS PER-2
SONNEL. 3
None of the funds authorized to be appropriated by 4
this Act or otherwise made available for fiscal year 2025 5
for the Office of Intelligence and Analysis of the Depart-6
ment of Homeland Security may be obligated or expended 7
by the Office to increase, above the staffing level in effect 8
on the day before the date of the enactment of this Act, 9
the number of personnel assigned to the Open Source In-10
telligence Division who work exclusively or predominantly 11
on domestic terrorism issues. 12
SEC. 304. APPOINTMENT OF DIRECTOR OF THE OFFICE OF 13
INTELLIGENCE AND COUNTERINTEL-14
LIGENCE. 15
(a) I
NGENERAL.—Section 215(c) of the Department 16
of Energy Organization Act (42 U.S.C. 7144b(c)) is 17
amended to read as follows: 18
‘‘(c) D
IRECTOR.— 19
‘‘(1) A
PPOINTMENT.—The head of the Office 20
shall be the Director of the Office of Intelligence and 21
Counterintelligence, who shall be appointed by the 22
President, by and with the advice and consent of the 23
Senate. The Director of the Office shall report di-24
rectly to the Secretary. 25
‘‘(2) T
ERM.— 26
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‘‘(A) IN GENERAL.—The Director shall 1
serve for a term of 6 years. 2
‘‘(B) R
EAPPOINTMENT.—The Director 3
shall be eligible for reappointment for 1 or more 4
terms. 5
‘‘(3) Q
UALIFICATIONS.—The Director shall— 6
‘‘(A) be an employee in the Senior Execu-7
tive Service, the Senior Intelligence Service, the 8
Senior National Intelligence Service, or any 9
other Service that the Secretary, in coordina-10
tion with the Director of National Intelligence, 11
considers appropriate; and 12
‘‘(B) have substantial expertise in matters 13
relating to the intelligence community, includ-14
ing foreign intelligence and counterintel-15
ligence.’’. 16
(b) E
FFECTIVEDATE.—The amendment made by 17
this section shall take effect on January 21, 2025. 18
SEC. 305. IMPROVEMENTS TO ADVISORY BOARD OF NA-19
TIONAL RECONNAISSANCE OFFICE. 20
Section 106A(d) of the National Security Act of 1947 21
(50 U.S.C. 3041a(d)) is amended— 22
(1) in paragraph (3)(A)— 23
(A) in clause (i)— 24
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(i) by striking ‘‘five members ap-1
pointed by the Director, in consultation 2
with the Director of National Intelligence 3
and the Secretary of Defense,’’ and insert-4
ing ‘‘up to 8 members appointed by the 5
Director’’; and 6
(ii) by inserting ‘‘, and who do not 7
present any actual or potential conflict of 8
interest’’ before the period at the end; 9
(B) by redesignating clause (ii) as clause 10
(iii); and 11
(C) by inserting after clause (i) the fol-12
lowing: 13
‘‘(ii) M
EMBERSHIP STRUCTURE .—The 14
Director shall ensure that no more than 2 15
concurrently serving members of the Board 16
qualify for membership on the Board based 17
predominantly on a single qualification set 18
forth under clause (i).’’; 19
(2) by redesignating paragraphs (5) through 20
(7) as paragraphs (6) through (8), respectively; 21
(3) by inserting after paragraph (4) the fol-22
lowing: 23
‘‘(5) C
HARTER.—The Director shall establish a 24
charter for the Board that includes the following: 25
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‘‘(A) Mandatory processes for identifying 1
potential conflicts of interest, including the sub-2
mission of initial and periodic financial disclo-3
sures by Board members. 4
‘‘(B) The vetting of potential conflicts of 5
interest by the designated agency ethics official, 6
except that no individual waiver may be granted 7
for a conflict of interest identified with respect 8
to the Chair of the Board. 9
‘‘(C) The establishment of a process and 10
associated protections for any whistleblower al-11
leging a violation of applicable conflict of inter-12
est law, Federal contracting law, or other provi-13
sion of law.’’; and 14
(4) in paragraph (8), as redesignated by para-15
graph (2), by striking ‘‘September 30, 2024’’ and in-16
serting ‘‘August 31, 2027’’. 17
SEC. 306. NATIONAL INTELLIGENCE UNIVERSITY ACCEPT-18
ANCE OF GRANTS. 19
(a) I
NGENERAL.—Subtitle D of title X of the Na-20
tional Security Act of 1947 (50 U.S.C. 3227 et seq.) is 21
amended by adding at the end the following: 22
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‘‘§ 1035. National Intelligence University acceptance 1
of grants 2
‘‘(a) A
UTHORITY.—The Director of National Intel-3
ligence may authorize the President of the National Intel-4
ligence University to accept qualifying research grants. 5
‘‘(b) Q
UALIFYINGGRANTS.—A qualifying research 6
grant under this section is a grant that is awarded on a 7
competitive basis by an entity referred to in subsection (c) 8
for a research project with a scientific, literary, or edu-9
cational purpose. 10
‘‘(c) E
NTITIESFROMWHICHGRANTSMAYBEAC-11
CEPTED.—A qualifying research grant may be accepted 12
under this section only from a Federal agency or from a 13
corporation, fund, foundation, educational institution, or 14
similar entity that is organized and operated primarily for 15
scientific, literary, or educational purposes. 16
‘‘(d) A
DMINISTRATION OFGRANTFUNDS.— 17
‘‘(1) E
STABLISHMENT OF ACCOUNT .—The Di-18
rector shall establish an account for administering 19
funds received as qualifying research grants under 20
this section. 21
‘‘(2) U
SE OF FUNDS.—The President of the 22
University shall use the funds in the account estab-23
lished pursuant to paragraph (1) in accordance with 24
applicable provisions of the regulations and the 25
terms and conditions of the grants received. 26
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‘‘(e) RELATEDEXPENSES.—Subject to such limita-1
tions as may be provided in appropriations Acts, appro-2
priations available for the National Intelligence University 3
may be used to pay expenses incurred by the University 4
in applying for, and otherwise pursuing, the award of 5
qualifying research grants. 6
‘‘(f) R
EGULATIONS.—The Director of National Intel-7
ligence shall prescribe regulations for the administration 8
of this section.’’. 9
(b) C
LERICALAMENDMENT.—The table of contents 10
preceding section 2 of such Act is amended by inserting 11
after the item relating to section 1034 the following new 12
item: 13
‘‘Sec. 1035. National Intelligence University acceptance of grants.’’.
SEC. 307. PROTECTION OF CENTRAL INTELLIGENCE AGEN-
14
CY FACILITIES AND ASSETS FROM UN-15
MANNED AIRCRAFT. 16
The Central Intelligence Agency Act of 1949 (50 17
U.S.C. 3501 et seq.) is amended by inserting after section 18
15 the following new section (and conforming the table 19
of contents at the beginning of such Act accordingly): 20
‘‘SEC. 15A. PROTECTION OF CERTAIN FACILITIES AND AS-21
SETS FROM UNMANNED AIRCRAFT. 22
‘‘(a) D
EFINITIONS.—In this section: 23
‘‘(1) B
UDGET.—The term ‘budget’, with respect 24
to a fiscal year, means the budget for that fiscal 25
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year that is submitted to Congress by the President 1
under section 1105(a) of title 31, United States 2
Code. 3
‘‘(2) C
ONGRESSIONAL INTELLIGENCE COMMIT -4
TEES.—The term ‘congressional intelligence commit-5
tees’ means— 6
‘‘(A) the Select Committee on Intelligence 7
of the Senate; 8
‘‘(B) the Permanent Select Committee on 9
Intelligence of the House of Representatives; 10
‘‘(C) the Subcommittee on Defense of the 11
Committee on Appropriations of the Senate; 12
and 13
‘‘(D) the Subcommittee on Defense of the 14
Committee on Appropriations of the House of 15
Representatives. 16
‘‘(3) C
ONGRESSIONAL JUDICIARY COMMIT -17
TEES.—The term ‘congressional judiciary commit-18
tees’ means— 19
‘‘(A) the Committee on the Judiciary of 20
the Senate; and 21
‘‘(B) the Committee on the Judiciary of 22
the House of Representatives. 23
‘‘(4) C
ONGRESSIONAL TRANSPORTATION AND 24
INFRASTRUCTURE COMMITTEES .—The term ‘con-25
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gressional transportation and infrastructure commit-1
tees’ means— 2
‘‘(A) the Committee on Commerce, 3
Science, and Transportation of the Senate; and 4
‘‘(B) the Committee on Transportation 5
and Infrastructure of the House of Representa-6
tives. 7
‘‘(5) C
OVERED FACILITY OR ASSET .—The term 8
‘covered facility or asset’ means property owned, 9
leased, or controlled by the Agency, property con-10
trolled and occupied by the Federal Highway Admin-11
istration, located immediately adjacent to the head-12
quarters compound of the Agency, and property 13
owned, leased, or controlled by the Office of the Di-14
rector of National Intelligence where the property— 15
‘‘(A) is identified as high-risk and a poten-16
tial target for unlawful unmanned aircraft ac-17
tivity by the Director, in coordination with the 18
Secretary of Transportation, with respect to po-19
tentially impacted airspace, through a risk- 20
based assessment for purposes of this section; 21
‘‘(B) is located in the United States and 22
beneath airspace that is prohibited or restricted 23
by the Federal Aviation Administration; 24
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‘‘(C) is a property of which Congress has 1
been notified is covered under this paragraph; 2
and 3
‘‘(D) directly relates to one or more func-4
tions authorized to be performed by the Agency, 5
pursuant to the National Security Act of 1947 6
(50 U.S.C. 3001) or this Act. 7
‘‘(6) E
LECTRONIC COMMUNICATION .—The term 8
‘electronic communication’ has the meaning given 9
such term in section 2510 of title 18, United States 10
Code. 11
‘‘(7) I
NTERCEPT.—The term ‘intercept’ has the 12
meaning given such term in section 2510 of title 18, 13
United States Code. 14
‘‘(8) O
RAL COMMUNICATION .—The term ‘oral 15
communication’ has the meaning given such term in 16
section 2510 of title 18, United States Code. 17
‘‘(9) R
ADIO COMMUNICATION .—The term ‘radio 18
communication’ has the meaning given that term in 19
section 3 of the Communications Act of 1934 (47 20
U.S.C. 153). 21
‘‘(10) R
ISK-BASED ASSESSMENT .—The term 22
‘risk-based assessment’ includes an evaluation of 23
threat information specific to a covered facility or 24
asset and, with respect to potential impacts on the 25
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safety and efficiency of the National Airspace Sys-1
tem and the needs of national security at each cov-2
ered facility or asset identified by the Director, an 3
evaluation of each of the following factors: 4
‘‘(A) Potential impacts to safety, efficiency, 5
and use of the National Airspace System, in-6
cluding potential effects on manned aircraft and 7
unmanned aircraft systems, aviation safety, air-8
port operations, infrastructure, and air naviga-9
tion services relating to the use of any system 10
or technology for carrying out the actions de-11
scribed in subsection (c)(1). 12
‘‘(B) Options for mitigating any identified 13
impacts to the National Airspace System relat-14
ing to the use of any system or technology, in-15
cluding minimizing when possible the use of any 16
system or technology that disrupts the trans-17
mission of radio or electronic signals, for car-18
rying out the actions described in subsection 19
(c)(1). 20
‘‘(C) Potential consequences of the effects 21
of any actions taken under subsection (c)(1) to 22
the National Airspace System and infrastruc-23
ture if not mitigated. 24
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‘‘(D) The ability to provide reasonable ad-1
vance notice to aircraft operators consistent 2
with the safety of the National Airspace System 3
and the needs of national security. 4
‘‘(E) The setting and character of any cov-5
ered facility or asset, including whether it is lo-6
cated in a populated area or near other struc-7
tures, and any potential for interference with 8
wireless communications or for injury or dam-9
age to persons or property. 10
‘‘(F) Potential consequences to national se-11
curity if threats posed by unmanned aircraft 12
systems or unmanned aircraft are not mitigated 13
or defeated. 14
‘‘(11) U
NITED STATES.—The term ‘United 15
States’ has the meaning given that term in section 16
5 of title 18, United States Code. 17
‘‘(12) U
NMANNED AIRCRAFT ; UNMANNED AIR-18
CRAFT SYSTEM.—The terms ‘unmanned aircraft’ 19
and ‘unmanned aircraft system’ have the meanings 20
given those terms in section 44801 of title 49, 21
United States Code. 22
‘‘(13) W
IRE COMMUNICATION.—The term ‘wire 23
communication’ has the meaning given such term in 24
section 2510 of title 18, United States Code. 25
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‘‘(b) AUTHORITY.—Notwithstanding section 46502 of 1
title 49, United States Code, or sections 32, 1030, and 2
1367 and chapters 119 and 206 of title 18, United States 3
Code, or section 705 of the Communications Act of 1934 4
(47 U.S.C. 605), the Director may take, and may author-5
ize Agency personnel with assigned duties that include the 6
security or protection of people, facilities, or assets within 7
the United States to take— 8
‘‘(1) such actions described in subsection (c)(1) 9
that are necessary to mitigate a credible threat (as 10
defined by the Director, in consultation with the 11
Secretary of Transportation) that an unmanned air-12
craft system or unmanned aircraft poses to the safe-13
ty or security of a covered facility or asset; and 14
‘‘(2) such actions described in subsection (c)(3). 15
‘‘(c) A
CTIONS.— 16
‘‘(1) A
CTIONS DESCRIBED .—The actions de-17
scribed in this paragraph are the following: 18
‘‘(A) During the operation of the un-19
manned aircraft system, detect, identify, mon-20
itor, and track the unmanned aircraft system or 21
unmanned aircraft, without prior consent, in-22
cluding by means of intercept or other access of 23
a wire communication, an oral communication, 24
or an electronic communication used to control 25
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the unmanned aircraft system or unmanned air-1
craft. 2
‘‘(B) Warn the operator of the unmanned 3
aircraft system or unmanned aircraft, including 4
by passive or active and by direct or indirect 5
physical, electronic, radio, or electromagnetic 6
means. 7
‘‘(C) Disrupt control of the unmanned air-8
craft system or unmanned aircraft, without 9
prior consent, including by disabling the un-10
manned aircraft system or unmanned aircraft 11
by intercepting, interfering, or causing inter-12
ference with wire, oral, electronic, or radio com-13
munications used to control the unmanned air-14
craft system or unmanned aircraft. 15
‘‘(D) Seize or exercise control over the un-16
manned aircraft system or unmanned aircraft. 17
‘‘(E) Seize or otherwise confiscate the un-18
manned aircraft system or unmanned aircraft. 19
‘‘(F) Use reasonable force, if necessary, to 20
seize or otherwise disable, damage, or destroy 21
the unmanned aircraft system or unmanned air-22
craft. 23
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‘‘(2) COORDINATION.—The Director shall de-1
velop the actions described in paragraph (1) in co-2
ordination with the Secretary of Transportation. 3
‘‘(3) R
ESEARCH, TESTING, TRAINING, AND 4
EVALUATION.— 5
‘‘(A) I
N GENERAL.—The Director shall 6
conduct research, testing, training on, and eval-7
uation of any equipment, including any elec-8
tronic equipment, to determine the capability 9
and utility of the equipment prior to the use of 10
the equipment for any action described in para-11
graph (1). 12
‘‘(B) P
ERSONNEL.—Personnel and con-13
tractors who do not have assigned duties that 14
include the security or protection of people, fa-15
cilities, or assets may engage in research, test-16
ing, training, and evaluation activities pursuant 17
to subparagraph (A). 18
‘‘(4) FAA
COORDINATION.—The Director shall 19
coordinate with the Administrator of the Federal 20
Aviation Administration on any action described in 21
paragraph (1) or (3) so the Administrator may en-22
sure that unmanned aircraft system detection and 23
mitigation systems do not adversely affect or inter-24
fere with safe airport operations, navigation, air 25
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traffic services, or the safe and efficient operation of 1
the National Airspace System. 2
‘‘(d) F
ORFEITURE.—Any unmanned aircraft system 3
or unmanned aircraft that is seized pursuant to subsection 4
(b) as described in subsection (c)(1) is subject to forfeiture 5
to the United States. 6
‘‘(e) R
EGULATIONS ANDGUIDANCE.— 7
‘‘(1) I
SSUANCE.—The Director and the Sec-8
retary of Transportation may each prescribe regula-9
tions, and shall each issue guidance, to carry out 10
this section. 11
‘‘(2) C
OORDINATION.— 12
‘‘(A) R
EQUIREMENT.—The Director shall 13
coordinate the development of guidance under 14
paragraph (1) with the Secretary of Transpor-15
tation. 16
‘‘(B) A
VIATION SAFETY.—The Director 17
shall coordinate with the Secretary of Transpor-18
tation and the Administrator of the Federal 19
Aviation Administration before issuing any 20
guidance, or otherwise implementing this sec-21
tion, so the Administrator may ensure that un-22
manned aircraft system detection and mitiga-23
tion systems do not adversely affect or interfere 24
with safe airport operations, navigation, air 25
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traffic services, or the safe and efficient oper-1
ation of the National Airspace System. 2
‘‘(f) P
RIVACYPROTECTION.—The regulations pre-3
scribed or guidance issued under subsection (e) shall en-4
sure that— 5
‘‘(1) the interception or acquisition of, or access 6
to, or maintenance or use of, communications to or 7
from an unmanned aircraft system or unmanned air-8
craft under this section is conducted in a manner 9
consistent with the First and Fourth Amendments 10
to the Constitution of the United States and applica-11
ble provisions of Federal law; 12
‘‘(2) communications to or from an unmanned 13
aircraft system or unmanned aircraft are intercepted 14
or acquired only to the extent necessary to support 15
an action described in subsection (c); 16
‘‘(3) records of such communications are main-17
tained only for as long as necessary, and in no event 18
for more than 180 days, unless the Director deter-19
mines that maintenance of such records for a longer 20
period is necessary for the investigation or prosecu-21
tion of a violation of law, to fulfill a duty, responsi-22
bility, or function of the Agency, is required under 23
Federal law, or for the purpose of any litigation; and 24
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‘‘(4) such communications are not disclosed 1
outside the Agency unless the disclosure— 2
‘‘(A) is necessary to investigate or pros-3
ecute a violation of law; 4
‘‘(B) would support the Agency, the De-5
partment of Defense, a Federal law enforce-6
ment, intelligence, or security agency, a State, 7
local, Tribal, or territorial law enforcement 8
agency, or other relevant person or entity if 9
such entity or person is engaged in a security 10
or protection operation; 11
‘‘(C) is necessary to support a department 12
or agency listed in subparagraph (B) in inves-13
tigating or prosecuting a violation of law; 14
‘‘(D) would support the enforcement activi-15
ties of a regulatory agency of the Federal Gov-16
ernment in connection with a criminal or civil 17
investigation of, or any regulatory, statutory, or 18
other enforcement action relating to, an action 19
described in subsection (b); 20
‘‘(E) is necessary to protect against dan-21
gerous or unauthorized activity by unmanned 22
aircraft systems or unmanned aircraft; 23
‘‘(F) is necessary to fulfill a duty, respon-24
sibility, or function of the Agency; or 25
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‘‘(G) is otherwise required by law. 1
‘‘(g) B
UDGET.— 2
‘‘(1) I
N GENERAL.—The Director shall submit 3
to the congressional intelligence committees, as a 4
part of the budget request of the Agency for each 5
fiscal year after fiscal year 2025, a consolidated 6
funding display that identifies the funding source for 7
the actions described in subsection (c)(1) within the 8
Agency. 9
‘‘(2) F
ORM.—Each funding display submitted 10
pursuant to paragraph (1) shall be in unclassified 11
form, but may contain a classified annex. 12
‘‘(h) S
EMIANNUAL BRIEFINGS AND NOTIFICA-13
TIONS.— 14
‘‘(1) B
RIEFINGS.—Not later than 180 days 15
after the date of the enactment of the Intelligence 16
Authorization Act for Fiscal Year 2025 and semi-17
annually thereafter, the Director shall provide the 18
congressional intelligence committees, the congres-19
sional judiciary committees, and the congressional 20
transportation and infrastructure committees a 21
briefing on the activities carried out pursuant to this 22
section during the period covered by the briefing. 23
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‘‘(2) REQUIREMENT.—Each briefing under 1
paragraph (1) shall be conducted jointly with the 2
Secretary of Transportation. 3
‘‘(3) C
ONTENTS.—Each briefing under para-4
graph (1) shall include, for the period covered by the 5
briefing, the following: 6
‘‘(A) Policies, programs, and procedures to 7
mitigate or eliminate the effects of the activities 8
described in paragraph (1) to the National Air-9
space System and other critical national trans-10
portation infrastructure. 11
‘‘(B) A description of instances in which 12
actions described in subsection (c)(1) have been 13
taken, including all such instances that may 14
have resulted in harm, damage, or loss to a per-15
son or to private property. 16
‘‘(C) A description of the guidance, poli-17
cies, or procedures established to address pri-18
vacy, civil rights, and civil liberties issues af-19
fected by the actions allowed under this section, 20
as well as any changes or subsequent efforts 21
that would significantly affect privacy, civil 22
rights, or civil liberties. 23
‘‘(D) A description of options considered 24
and steps taken to mitigate any identified ef-25
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fects on the National Airspace System relating 1
to the use of any system or technology, includ-2
ing the minimization of the use of any tech-3
nology that disrupts the transmission of radio 4
or electronic signals, for carrying out the ac-5
tions described in subsection (c)(1). 6
‘‘(E) A description of instances in which 7
communications intercepted or acquired during 8
the course of operations of an unmanned air-9
craft system or unmanned aircraft were main-10
tained for more than 180 days or disclosed out-11
side the Agency. 12
‘‘(F) How the Director and the Secretary 13
of Transportation have informed the public as 14
to the possible use of authorities under this sec-15
tion. 16
‘‘(G) How the Director and the Secretary 17
of Transportation have engaged with Federal, 18
State, local, territorial, or Tribal law enforce-19
ment agencies to implement and use such au-20
thorities. 21
‘‘(H) An assessment of whether any gaps 22
or insufficiencies remain in statutes, regula-23
tions, and policies that impede the ability of the 24
Agency to counter the threat posed by the mali-25
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cious use of unmanned aircraft systems and un-1
manned aircraft and any recommendations to 2
remedy such gaps or insufficiencies. 3
‘‘(4) F
ORM.—Each briefing under paragraph 4
(1) shall be in unclassified form, but may be accom-5
panied by an additional classified report. 6
‘‘(5) N
OTIFICATION.— 7
‘‘(A) I
N GENERAL.—Within 30 days of de-8
ploying any new technology to carry out the ac-9
tions described in subsection (c)(1), the Direc-10
tor shall submit to the congressional intelligence 11
committees a notification of the deployment of 12
such technology. 13
‘‘(B) C
ONTENTS.—Each notification sub-14
mitted pursuant to subparagraph (A) shall in-15
clude a description of options considered to 16
mitigate any identified effects on the National 17
Airspace System relating to the use of any sys-18
tem or technology, including the minimization 19
of the use of any technology that disrupts the 20
transmission of radio or electronic signals, for 21
carrying out the actions described in subsection 22
(c)(1). 23
‘‘(i) R
ULE OFCONSTRUCTION.—Nothing in this sec-24
tion may be construed— 25
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‘‘(1) to vest in the Director any authority of the 1
Secretary of Transportation or the Administrator of 2
the Federal Aviation Administration; or 3
‘‘(2) to vest in the Secretary of Transportation 4
or the Administrator of the Federal Aviation Admin-5
istration any authority of the Director. 6
‘‘(j) T
ERMINATION.— 7
‘‘(1) I
N GENERAL.—Except as provided in para-8
graph (2), the authority to carry out this section 9
with respect to the actions specified in subpara-10
graphs (B) through (F) of subsection (c)(1), shall 11
terminate on the date that is 4 years after the date 12
of the enactment of the Intelligence Authorization 13
Act for Fiscal Year 2025. 14
‘‘(2) E
XTENSION.—The President may extend 15
by 1 year the termination date specified in para-16
graph (1) if, before termination, the President cer-17
tifies to Congress that such extension is in the na-18
tional security interests of the United States. 19
‘‘(k) S
COPE OFAUTHORITY.—Nothing in this section 20
shall be construed to provide the Director or the Secretary 21
of Transportation with additional authorities beyond those 22
described in subsections (b) and (d).’’. 23
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SEC. 308. LIMITATION ON AVAILABILITY OF FUNDS FOR 1
NEW CONTROLLED ACCESS PROGRAMS. 2
None of the funds authorized to be appropriated by 3
this Act or otherwise made available for fiscal year 2025 4
for the National Intelligence Program may be obligated 5
or expended for any controlled access program (as defined 6
in section 501A(d) of the National Security Act of 1947 7
(50 U.S.C. 3091a(d))), or a compartment or subcompart-8
ment therein, that is established on or after the date of 9
the enactment of this Act, until the head of the element 10
of the intelligence community responsible for the establish-11
ment of such program, compartment, or subcompartment, 12
submits the notification required by section 501A(b) of the 13
National Security Act of 1947 (50 U.S.C. 3091a(b)). 14
SEC. 309. LIMITATION ON TRANSFERS FROM CONTROLLED 15
ACCESS PROGRAMS. 16
Section 501A(b) of the National Security Act of 1947 17
(50 U.S.C. 3091a(b)) is amended— 18
(1) in the subsection heading, by striking ‘‘L
IM-19
ITATION ONESTABLISHMENT’’ and inserting ‘‘LIMI-20
TATIONS’’; 21
(2) by striking ‘‘A head’’ and inserting the fol-22
lowing: 23
‘‘(1) E
STABLISHMENT.—A head’’; and 24
(3) by adding at the end the following: 25
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‘‘(2) TRANSFERS.—A head of an element of the 1
intelligence community may not transfer a capability 2
from a controlled access program, including from a 3
compartment or subcompartment therein to a com-4
partment or subcompartment of another controlled 5
access program, to a special access program (as de-6
fined in section 1152(g) of the National Defense Au-7
thorization Act for Fiscal Year 1994 (50 U.S.C. 8
3348(g))), or to anything else outside the controlled 9
access program, until the head submits to the appro-10
priate congressional committees and congressional 11
leadership notice of the intent of the head to make 12
such transfer.’’. 13
SEC. 310. EXPENDITURE OF FUNDS FOR CERTAIN INTEL-14
LIGENCE AND COUNTERINTELLIGENCE AC-15
TIVITIES OF THE COAST GUARD. 16
The Commandant of the Coast Guard may use up 17
to 1 percent of the amounts made available for the Na-18
tional Intelligence Program (as such term is defined in 19
section 3 of the National Security Act of 1947 (50 U.S.C. 20
3003)) for each fiscal year for intelligence and counter-21
intelligence activities of the Coast Guard relating to ob-22
jects of a confidential, extraordinary, or emergency nature, 23
which amounts may be accounted for solely on the certifi-24
cation of the Commandant and each such certification 25
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shall be considered to be a sufficient voucher for the 1
amount contained in the certification. 2
SEC. 311. UNAUTHORIZED ACCESS TO INTELLIGENCE COM-3
MUNITY PROPERTY. 4
(a) I
NGENERAL.—The National Security Act of 5
1947 (50 U.S.C. 3001 et seq.) is amended by adding at 6
the end the following: 7
‘‘SEC. 1115. UNAUTHORIZED ACCESS TO INTELLIGENCE 8
COMMUNITY PROPERTY. 9
‘‘(a) I
NGENERAL.—It shall be unlawful, within the 10
jurisdiction of the United States, without authorization to 11
access any property that— 12
‘‘(1) is under the jurisdiction of an element of 13
the intelligence community; and 14
‘‘(2) has been clearly marked as closed or re-15
stricted. 16
‘‘(b) P
ENALTIES.—Any person who violates sub-17
section (a) shall— 18
‘‘(1) in the case of the first offense, be fined 19
under title 18, United States Code, imprisoned for 20
not more than 180 days, or both; 21
‘‘(2) in the case of the second offense, be fined 22
under such title, imprisoned for not more than 3 23
years, or both; and 24
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‘‘(3) in the case of the third or subsequent of-1
fense, be fined under such title, imprisoned for not 2
more than 10 years, or both.’’. 3
(b) C
LERICALAMENDMENT.—The table of contents 4
preceding section 2 of such Act is amended by adding at 5
the end the following: 6
‘‘Sec. 1115. Unauthorized access to intelligence community property.’’.
SEC. 312. STRENGTHENING OF OFFICE OF INTELLIGENCE
7
AND ANALYSIS. 8
(a) I
NGENERAL.—Section 311 of title 31, United 9
States Code, is amended to read as follows: 10
‘‘§ 311. Office of Economic Intelligence and Security 11
‘‘(a) D
EFINITIONS.—In this section, the terms ‘coun-12
terintelligence’, ‘foreign intelligence’, and ‘intelligence 13
community’ have the meanings given such terms in section 14
3 of the National Security Act of 1947 (50 U.S.C. 3003). 15
‘‘(b) E
STABLISHMENT.—There is established within 16
the Office of Terrorism and Financial Intelligence of the 17
Department of the Treasury, the Office of Economic Intel-18
ligence and Security (in this section referred to as the ‘Of-19
fice’), which shall— 20
‘‘(1) be responsible for the receipt, analysis, col-21
lation, and dissemination of foreign intelligence and 22
foreign counterintelligence information relating to 23
the operation and responsibilities of the Department 24
of the Treasury and other Federal agencies exe-25
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cuting economic statecraft tools that do not include 1
any elements that are elements of the intelligence 2
community; 3
‘‘(2) provide intelligence support and economic 4
analysis to Federal agencies implementing United 5
States economic policy, including for purposes of 6
global strategic competition; and 7
‘‘(3) have such other related duties and authori-8
ties as may be assigned by the Secretary for pur-9
poses of the responsibilities described in paragraph 10
(1), subject to the authority, direction, and control 11
of the Secretary, in consultation with the Director of 12
National Intelligence. 13
‘‘(c) A
SSISTANTSECRETARY FORECONOMICINTEL-14
LIGENCE ANDSECURITY.—The Office shall be headed by 15
an Assistant Secretary, who shall be appointed by the 16
President, by and with the advice and consent of the Sen-17
ate. The Assistant Secretary shall report directly to the 18
Undersecretary for Terrorism and Financial Crimes.’’. 19
(b) C
LERICALAMENDMENT.—The table of sections 20
at the beginning of chapter 3 of such title is amended by 21
striking the item relating to section 311 and inserting the 22
following: 23
‘‘311. Office of Economic Intelligence and Security.’’.
(c) CONFORMINGAMENDMENT.—Section 3(4)(J) of 24
the National Security Act of 1947 (50 U.S.C. 3003(4)(J)) 25
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is amended by striking ‘‘Office of Intelligence and Anal-1
ysis’’ and inserting ‘‘Office of Economic Intelligence and 2
Security’’. 3
(d) R
EFERENCES.—Any reference in a law, regula-4
tion, document, paper, or other record of the United 5
States to the Office of Intelligence and Analysis of the 6
Department of the Treasury shall be deemed a reference 7
to the Office of Economic Intelligence and Security of the 8
Department of the Treasury. 9
SEC. 313. REPORT ON SENSITIVE COMMERCIALLY AVAIL-10
ABLE INFORMATION. 11
(a) D
EFINITIONS.— 12
(1) C
OMMERCIALLY AVAILABLE INFORMA -13
TION.—The term ‘‘commercially available informa-14
tion’’ means— 15
(A) any data or other information of the 16
type customarily made available or obtainable 17
and sold, leased, or licensed to members of the 18
general public or to non-governmental entities 19
for purposes other than governmental purposes; 20
or 21
(B) data and information for exclusive gov-22
ernment use knowingly and voluntarily provided 23
by, procured from, or made accessible by cor-24
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porate entities on their own initiative or at the 1
request of a government entity. 2
(2) P
ERSONALLY IDENTIFIABLE INFORMA -3
TION.—The term ‘‘personally identifiable informa-4
tion’’ means information that, alone or when com-5
bined with other information regarding an indi-6
vidual, can be used to distinguish or trace the iden-7
tity of such individual. 8
(3) S
ENSITIVE ACTIVITIES.—The term ‘‘sen-9
sitive activities’’ means activities that, over an ex-10
tended period of time— 11
(A) establish a pattern of life; 12
(B) reveal personal affiliations, pref-13
erences, or identifiers; 14
(C) facilitate prediction of future acts; 15
(D) enable targeting activities; 16
(E) reveal the exercise of individual rights 17
and freedoms, including the rights to freedom 18
of speech and of the press, to free exercise of 19
religion, to peaceably assemble, including mem-20
bership or participation in organizations or as-21
sociations, and to petition the government; or 22
(F) reveal any other activity the disclosure 23
of which could cause substantial harm, embar-24
rassment, inconvenience, or unfairness to the 25
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United States person who engaged in the activ-1
ity. 2
(4) S
ENSITIVE COMMERCIALLY AVAILABLE IN -3
FORMATION.—The term ‘‘sensitive commercially 4
available information’’— 5
(A) means commercially available informa-6
tion that is known or reasonably expected to 7
contain— 8
(i) a substantial volume of personally 9
identifiable information regarding United 10
States persons; or 11
(ii) a greater than de minims volume 12
of sensitive data; 13
(B) shall not include— 14
(i) newspapers or other periodicals; 15
(ii) weather reports; 16
(iii) books; 17
(iv) journal articles or other published 18
works; 19
(v) public filings or records; 20
(vi) documents or databases similar to 21
those described in clauses (i) through (v), 22
whether accessed through a subscription or 23
accessible free of cost; or 24
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(vii) limited data samples made avail-1
able to elements of the intelligence commu-2
nity for the purposes of allowing such ele-3
ments to determine whether to purchase 4
the full dataset and not accessed, retained, 5
or used for any other purpose. 6
(5) S
ENSITIVE DATA.—The term ‘‘sensitive 7
data’’ means data that— 8
(A)(i) captures personal attributes, condi-9
tions, or identifiers that are traceable to 1 or 10
more specific United States persons, either 11
through the dataset or by correlating the 12
dataset with other available information; and 13
(ii) concerns the race or ethnicity, political 14
opinions, religious beliefs, sexual orientation, 15
gender identity, medical or genetic information, 16
financial data, or any other data with respect to 17
such specific United States person or United 18
States persons the disclosure of which would 19
have the potential to cause substantial harm, 20
embarrassment, inconvenience, or unfairness to 21
the United States person or United States per-22
sons described by the data; or 23
(B) captures the sensitive activities of 1 or 24
more United States persons. 25
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(6) UNITED STATES PERSON .—The term 1
‘‘United States person’’ means— 2
(A) a United States citizen or an alien law-3
fully admitted for permanent residence to the 4
United States; 5
(B) an unorganized association substan-6
tially composed of United States citizens or per-7
manent resident aliens; or 8
(C) an entity organized under the laws of 9
the United States or of any jurisdiction within 10
the United States, with the exception of any 11
such entity directed or controlled by a foreign 12
government. 13
(b) R
EPORT.— 14
(1) I
N GENERAL.—Not later than 60 days after 15
the date of the enactment of this Act, and annually 16
thereafter, the head of each element of the intel-17
ligence community shall submit to the congressional 18
intelligence committees a report on the access to, 19
collection, processing, and use of sensitive commer-20
cially available information by the respective ele-21
ment. 22
(2) C
ONTENTS.— 23
(A) I
N GENERAL.—For each dataset con-24
taining sensitive commercially available infor-25
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mation accessed, collected, processed, or used 1
by the element concerned for purposes other 2
than research and development, a report re-3
quired by paragraph (1) shall include the fol-4
lowing: 5
(i) A description of the nature and 6
volume of the sensitive commercially avail-7
able information accessed or collected by 8
the element. 9
(ii) A description of the mission or ad-10
ministrative need or function for which the 11
sensitive commercially available informa-12
tion is accessed or collected, and of the na-13
ture, scope, reliability, and timeliness of 14
the dataset required to fulfill such mission 15
or administrative need or function. 16
(iii) A description of the purpose of 17
the access, collection, or processing, and 18
the intended use of the sensitive commer-19
cially available information. 20
(iv) An identification of the legal au-21
thority for the collection or access, and 22
processing of the sensitive commercially 23
available information. 24
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(v) An identification of the source of 1
the sensitive commercially available infor-2
mation and the persons from whom the 3
sensitive commercially available informa-4
tion was accessed or collected. 5
(vi) A description of the mechanics of 6
the access, collection, and processing of the 7
sensitive commercially available informa-8
tion, including the Federal entities that 9
participated in the procurement process. 10
(vii) A description of the method by 11
which the element has limited the access to 12
and collection and processing of the sen-13
sitive commercially available information to 14
the maximum extent feasible consistent 15
with the need to fulfill the mission or ad-16
ministrative need. 17
(viii) An assessment of whether the 18
mission or administrative need can be ful-19
filled if reasonably available privacy-en-20
hancing techniques, such as filtering or 21
anonymizing, the application of traditional 22
safeguards, including access limitations 23
and retention limits, differential privacy 24
techniques, or other information-masking 25
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techniques, such as restrictions or correla-1
tion, are implemented with respect to in-2
formation concerning United States per-3
sons. 4
(ix) An assessment of the privacy and 5
civil liberties risks associated with access-6
ing, collecting, or processing the data and 7
the methods by which the element miti-8
gates such risks. 9
(x) An assessment of the applicability 10
of section 552a of title 5, United States 11
Code (commonly referred to as the ‘‘Pri-12
vacy Act of 1974’’), if any. 13
(xi) To the extent feasible, an assess-14
ment of the original source of the data and 15
the method through which the dataset was 16
generated and aggregated, and whether 17
any element of the intelligence community 18
previously accessed or collected the same 19
or similar sensitive commercially available 20
information from the source. 21
(xii) An assessment of the quality and 22
integrity of the data, including, as appro-23
priate, whether the sensitive commercially 24
available information reflects any under-25
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lying biases or inferences, and efforts to 1
ensure that any intelligence products cre-2
ated with the data are consistent with the 3
standards of the intelligence community 4
for accuracy and objectivity. 5
(xiii) An assessment of the security, 6
operational, and counterintelligence risks 7
associated with the means of accessing or 8
collecting the data, and recommendations 9
for how the element could mitigate such 10
risks. 11
(xiv) A description of the system in 12
which the data is retained and processed 13
and how the system is properly secured 14
while allowing for effective implementation, 15
management, and audit, as practicable, of 16
relevant privacy and civil liberties protec-17
tions. 18
(xv) An assessment of security risks 19
posed by the system architecture of ven-20
dors providing sensitive commercially avail-21
able information or access to such sensitive 22
commercially available information, access 23
restrictions for the data repository of each 24
such vendor, and the vendor’s access to 25
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query terms and, if any, relevant safe-1
guards. 2
(xvi) A description of procedures to 3
restrict access to the sensitive commer-4
cially available information. 5
(xvii) A description of procedures for 6
conducting, approving, documenting, and 7
auditing queries, searches, or correlations 8
with respect to the sensitive commercially 9
available information. 10
(xviii) A description of procedures for 11
restricting dissemination of the sensitive 12
commercially available information, includ-13
ing deletion of information of United 14
States persons returned in response to a 15
query or other search unless the informa-16
tion is assessed to be associated or poten-17
tially associated with the documented mis-18
sion-related justification for the query or 19
search. 20
(xix) A description of masking and 21
other privacy-enhancing techniques used by 22
the element to protect sensitive commer-23
cially available information. 24
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(xx) A description of any retention 1
and deletion policies. 2
(xxi) A determination of whether 3
unevaluated data or information has been 4
made available to other elements of the in-5
telligence community or foreign partners 6
and, if so, identification of those elements 7
or partners. 8
(xxii) A description of any licensing 9
agreements or contract restrictions with 10
respect to the sensitive commercially avail-11
able information. 12
(xxiii) A data management plan for 13
the lifecycle of the data, from access or col-14
lection to disposition. 15
(xxiv) For any item required by 16
clauses (i) through (xxiii) that cannot be 17
completed due to exigent circumstances re-18
lating to collecting, accessing, processing, 19
or using sensitive commercially available 20
information, a description of such exigent 21
circumstances. 22
(B) R
ESEARCH AND DEVELOPMENT 23
DATA.—For each dataset containing sensitive 24
commercially available information accessed, 25
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collected, processed, or used by the element con-1
cerned solely for research and development pur-2
poses, a report required by paragraph (1) may 3
be limited to a description of the oversight by 4
the element of such access, collection, process, 5
and use. 6
(c) P
UBLICREPORT.—The Director of National In-7
telligence shall make available to the public, once every 8
2 years, a report on the policies and procedures of the 9
intelligence community with respect to access to and col-10
lection, processing, and safeguarding of sensitive commer-11
cially available information. 12
SEC. 314. POLICY ON COLLECTION OF UNITED STATES LO-13
CATION INFORMATION. 14
(a) D
EFINITIONS.—In this section: 15
(1) U
NITED STATES LOCATION INFORMA -16
TION.—The term ‘‘United States location informa-17
tion’’ means information derived or otherwise cal-18
culated from the transmission or reception of a radio 19
signal that reveals the approximate or actual geo-20
graphic location of a customer, subscriber, user, or 21
device in the United States, or, if the customer, sub-22
scriber, or user is known to be a United States per-23
son, outside the United States. 24
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(2) UNITED STATES PERSON .—The term 1
‘‘United States person’’ has the meaning given that 2
term in section 101 of the Foreign Intelligence Sur-3
veillance Act of 1978 (50 U.S.C. 1801). 4
(b) I
NGENERAL.—Not later than 180 days after the 5
date of the enactment of this Act, the Director of National 6
Intelligence, in coordination with the Attorney General, 7
shall issue a policy on the collection of United States loca-8
tion information by the intelligence community. 9
(c) C
ONTENT.—The policy required by subsection (a) 10
shall address the filtering, segregation, use, dissemination, 11
masking, and retention of United States location informa-12
tion. 13
(d) F
ORM; PUBLICAVAILABILITY.—The policy re-14
quired by subsection (a)— 15
(1) shall be issued in unclassified form and 16
made available to the public; and 17
(2) may include a classified annex, which the 18
Director of National Intelligence shall submit to the 19
congressional intelligence committees. 20
SEC. 315. DISPLAY OF FLAGS, SEALS, AND EMBLEMS OTHER 21
THAN THE UNITED STATES FLAG. 22
(a) D
EFINITIONS.—In this section: 23
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(1) EXECUTIVE AGENCY.—The term ‘‘Executive 1
agency’’ has the meaning given such term in section 2
105 of title 5, United States Code. 3
(2) N
ATIONAL INTELLIGENCE PROGRAM .—The 4
term ‘‘National Intelligence Program’’ has the mean-5
ing given such term in section 3 of the National Se-6
curity Act of 1947 (50 U.S.C. 3003). 7
(b) I
NGENERAL.—Any flag, seal, or emblem that is 8
not the United States flag and is flown, draped, projected, 9
or otherwise displayed as a visual and symbolic representa-10
tion at a property, office, or other official location of an 11
element of the intelligence community— 12
(1) shall be smaller than the official United 13
States flag; and 14
(2) if flown, may not be displayed higher than 15
or above the United States flag. 16
(c) L
IMITATION ONAVAILABILITY OFFUNDS FOR 17
D
ISPLAYING ANDFLYINGFLAGS.—None of the funds au-18
thorized to be appropriated by this Act or otherwise made 19
available for fiscal year 2025 for the National Intelligence 20
Program, may be obligated or expended to fly or display 21
a flag over a facility of an element of the intelligence com-22
munity other than the following: 23
(1) The United States flag. 24
(2) The POW/MIA flag. 25
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(3) The Hostage and Wrongful Detainee flag, 1
pursuant to section 904 of title 36, United States 2
Code. 3
(4) The flag of a State, insular area, or the 4
District of Columbia at a domestic location. 5
(5) The flag of an Indian Tribal Government. 6
(6) The official branded flag of an Executive 7
agency. 8
(7) The flag of an element, flag officer, or gen-9
eral officer of the Armed Forces. 10
TITLE IV—COUNTERING 11
FOREIGN THREATS 12
Subtitle A—People’s Republic of 13
China 14
SEC. 401. STRATEGY AND OUTREACH ON RISKS POSED BY 15
PEOPLE’S REPUBLIC OF CHINA SMARTPORT 16
TECHNOLOGY. 17
(a) S
TRATEGY ANDOUTREACHREQUIRED.—The Di-18
rector of the National Counterintelligence and Security 19
Center shall develop a strategy and conduct outreach to 20
United States industry, including shipping companies, 21
port operators, and logistics firms, on the risks of 22
smartport technology of the People’s Republic of China 23
and other related risks posed by entities of the People’s 24
Republic of China, including LOGINK, China Ocean Ship-25
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ping Company, Limited (COSCO), China Communications 1
Construction Company, Limited (CCCC), China Media 2
Group (CMG), and Shanghai Zhenhua Heavy Industries 3
Company Limited (ZPMC), to the national security of the 4
United States, the security of United States supply chains, 5
and commercial activity, including with respect to delays, 6
interruption, and lockout of access to systems and tech-7
nologies that enable the free flow of commerce. 8
(b) C
ONSISTENCYWITHSTATUTES ANDEXECUTIVE 9
O
RDERS.—The Director shall carry out subsection (a) in 10
a manner that is consistent with the following: 11
(1) Part 6 of title 33, Code of Federal Regula-12
tions, as amended by Executive Order 14116 (89 13
Fed. Reg. 13971; relating to amending regulations 14
relating to the safeguarding of vessels, harbors, 15
ports, and waterfront facilities of the United States. 16
(2) Executive Order 14017 (86 Fed. Reg. 17
11849; relating to America’s supply chains), or suc-18
cessor order. 19
(3) Section 825 of the National Defense Au-20
thorization Act for Fiscal Year 2024 (Public Law 21
118–31). 22
(c) C
OORDINATION.—The Director shall carry out 23
subsection (a) in coordination with the Commandant of 24
the Coast Guard, the Director of the Federal Bureau of 25
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Investigation, the Commander of the Office of Naval Intel-1
ligence, and such other heads of Federal agencies as the 2
Director considers appropriate. 3
SEC. 402. ASSESSMENT OF CURRENT STATUS OF BIO-4
TECHNOLOGY OF PEOPLE’S REPUBLIC OF 5
CHINA. 6
(a) A
SSESSMENT.—Not later than 30 days after the 7
date of the enactment of this Act, the Director of National 8
Intelligence shall, in consultation with the Director of the 9
National Counterproliferation and Biosecurity Center and 10
such heads of elements of the intelligence community as 11
the Director of National Intelligence considers appro-12
priate, conduct an assessment of the current status of the 13
biotechnology of the People’s Republic of China, which 14
shall include an assessment of how the People’s Republic 15
of China is supporting the biotechnology sector through 16
both licit and illicit means, such as foreign direct invest-17
ment, subsidies, talent recruitment, or other efforts. 18
(b) R
EPORT.— 19
(1) I
N GENERAL.—Not later than 30 days after 20
the date on which the Direct of National Intelligence 21
completes the assessment required by subsection (a), 22
the Director shall submit to the congressional intel-23
ligence committees a report on the findings of the 24
Director with respect to the assessment. 25
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(2) FORM.—The report submitted pursuant to 1
paragraph (1) shall be submitted in unclassified 2
form, but may include a classified annex. 3
SEC. 403. INTELLIGENCE SHARING WITH LAW ENFORCE-4
MENT AGENCIES ON SYNTHETIC OPIOID PRE-5
CURSOR CHEMICALS ORIGINATING IN PEO-6
PLE’S REPUBLIC OF CHINA. 7
(a) S
TRATEGYREQUIRED.—The Director of National 8
Intelligence shall, in consultation with the head of the Of-9
fice of National Security Intelligence of the Drug Enforce-10
ment Administration, the Under Secretary of Homeland 11
Security for Intelligence and Analysis, and the heads of 12
such other agencies as the Director considers appropriate, 13
develop a strategy to ensure robust intelligence sharing re-14
lating to the illicit trafficking of synthetic opioid precursor 15
chemicals from the People’s Republic of China and other 16
source countries. 17
(b) M
ECHANISM FORCOLLABORATION.—The Direc-18
tor shall develop a mechanism so that subject matter ex-19
perts in elements of the Federal Government other than 20
elements in the intelligence community, including those 21
without security clearances, can share information with 22
the intelligence community relating to illicit trafficking de-23
scribed in subsection (a). 24
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SEC. 404. REPORT ON EFFORTS OF THE PEOPLE’S REPUB-1
LIC OF CHINA TO EVADE UNITED STATES 2
TRANSPARENCY AND NATIONAL SECURITY 3
REGULATIONS. 4
(a) R
EPORTREQUIRED.—The Director of National 5
Intelligence shall submit to the congressional intelligence 6
committees a report on efforts of the People’s Republic 7
of China to evade the following: 8
(1) Identification under section 1260H of the 9
William M. (Mac) Thornberry National Defense Au-10
thorization Act for Fiscal Year 2021 (Public Law 11
116–283; 10 U.S.C. 113 note). 12
(2) Restrictions or limitations imposed by any 13
of the following: 14
(A) Section 805 of the National Defense 15
Authorization Act for Fiscal Year 2024 (Public 16
Law 118–31). 17
(B) Section 889 of the John S. McCain 18
National Defense Authorization Act for Fiscal 19
Year 2019 (Public Law 115–232; 41 U.S.C. 20
3901 note prec.). 21
(C) The list of specially designated nation-22
als and blocked persons maintained by the Of-23
fice of Foreign Assets Control of the Depart-24
ment of the Treasury (commonly known as the 25
‘‘SDN list’’). 26
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(D) The Entity List maintained by the 1
Bureau of Industry and Security of the Depart-2
ment of Commerce and set forth in Supplement 3
No. 4 to part 744 of title 15, Code of Federal 4
Regulations. 5
(E) Commercial or dual-use export controls 6
under the Export Control Reform Act of 2018 7
(50 U.S.C. 4801 et seq.) and the Export Ad-8
ministration Regulations. 9
(F) Executive Order 14105 (88 Fed. Reg. 10
54867; relating to addressing United States in-11
vestments in certain national security tech-12
nologies and products in countries of concern), 13
or successor order. 14
(G) Import restrictions on products made 15
with forced labor implemented by U.S. Customs 16
and Border Protection pursuant to Public Law 17
117–78 (22 U.S.C. 6901 note). 18
(b) F
ORM.—The report submitted pursuant to sub-19
section (a) shall be submitted in unclassified form. 20
SEC. 405. PLAN FOR RECRUITMENT OF MANDARIN SPEAK-21
ERS. 22
(a) I
NGENERAL.—Not later than 180 days after the 23
date of the enactment of this Act, the Director of National 24
Intelligence shall submit to the appropriate congressional 25
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committees a comprehensive plan to prioritize the recruit-1
ment and training of individuals who speak Mandarin Chi-2
nese for each element of the intelligence community. 3
(b) A
PPROPRIATECONGRESSIONALCOMMITTEES.— 4
In this section, the term ‘‘appropriate congressional com-5
mittees’’ means— 6
(1) the Select Committee on Intelligence and 7
the Committee on the Judiciary of the Senate; and 8
(2) the Permanent Select Committee on Intel-9
ligence and the Committee on the Judiciary of the 10
House of Representatives. 11
Subtitle B—The Russian 12
Federation 13
SEC. 411. ASSESSMENT OF RUSSIAN FEDERATION SPON-14
SORSHIP OF ACTS OF INTERNATIONAL TER-15
RORISM. 16
(a) D
EFINITIONS.—In this section— 17
(1) A
PPROPRIATE CONGRESSIONAL COMMIT -18
TEES.—The term ‘‘appropriate congressional com-19
mittees’’ means— 20
(A) the Select Committee on Intelligence, 21
the Committee on Foreign Relations, and the 22
Committee on Armed Services of the Senate; 23
and 24
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(B) the Permanent Select Committee on 1
Intelligence, the Committee on Foreign Affairs, 2
and the Committee on Armed Services of the 3
House of Representatives. 4
(2) F
OREIGN TERRORIST ORGANIZATION .—The 5
term ‘‘foreign terrorist organization’’ means an or-6
ganization that has been designated as a foreign ter-7
rorist organization by the Secretary of State, pursu-8
ant to section 219 of the Immigration and Nation-9
ality Act (8 U.S.C. 1189). 10
(3) S
PECIALLY DESIGNATED GLOBAL TER -11
RORIST ORGANIZATION .—The term ‘‘specially des-12
ignated global terrorist organization’’ means an or-13
ganization that has been designated as a specially 14
designated global terrorist by the Secretary of State 15
or the Secretary, pursuant to Executive Order 16
13224 (50 U.S.C. 1701 note; relating to blocking 17
property and prohibiting transactions with persons 18
who commit, threaten to commit, or support ter-19
rorism). 20
(4) S
TATE SPONSOR OF TERRORISM .—The term 21
‘‘state sponsor of terrorism’’ means a country the 22
government of which the Secretary of State has de-23
termined has repeatedly provided support for acts of 24
international terrorism, for purposes of— 25
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(A) section 1754(c)(1)(A)(i) of the Export 1
Control Reform Act of 2018 (50 U.S.C. 2
4813(c)(1)(A)(i)); 3
(B) section 620A of the Foreign Assistance 4
Act of 1961 (22 U.S.C. 2371); 5
(C) section 40(d) of the Arms Export Con-6
trol Act (22 U.S.C. 2780(d)); or 7
(D) any other provision of law. 8
(b) A
SSESSMENTREQUIRED.—Not later than 180 9
days after the date of the enactment of this Act, the Direc-10
tor of National Intelligence shall conduct and submit to 11
the appropriate congressional committees an assessment 12
on the extent to which the Russian Federation— 13
(1) provides support for acts of international 14
terrorism; and 15
(2) cooperates with the antiterrorism efforts of 16
the United States. 17
(c) E
LEMENTS.—The assessment required by sub-18
section (b) shall include the following: 19
(1) A list of all instances in which the Russian 20
Federation, or an official of the Russian Federation, 21
has failed to show support for or cooperate with the 22
United States on international efforts to combat ter-23
rorism, such as apprehending, prosecuting, or extra-24
diting suspected and known terrorists, including 25
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members of foreign terrorist organizations, and 1
sharing intelligence to deter terrorist attacks. 2
(2) A list of all instances in which the Russian 3
Federation, or an official of the Russian Federation, 4
has provided financial, material, technical, or lethal 5
support to foreign terrorist organizations, specially 6
designated global terrorist organizations, state spon-7
sors of terrorism, or for acts of international ter-8
rorism. 9
(3) A list of all instances in which the Russian 10
Federation, or an official of the Russian Federation, 11
has willfully aided or abetted— 12
(A) the international proliferation of nu-13
clear explosive devices to persons; 14
(B) a person in acquiring unsafeguarded 15
special nuclear material; or 16
(C) the efforts of a person to use, develop, 17
produce, stockpile, or otherwise acquire chem-18
ical, biological, or radiological weapons. 19
(4) A determination of whether the activities of 20
the Wagner Group constitute acts of international 21
terrorism and whether such activities continue under 22
any of the successor entities of the Wagner Group, 23
including Afrika Corps. 24
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(d) FORM.—The assessment required by subsection 1
(b) shall be submitted in unclassified form, but may in-2
clude a classified annex. 3
(e) B
RIEFINGS.—Not later than 30 days after sub-4
mission of the assessment required by subsection (b), the 5
Director of National Intelligence shall provide a classified 6
briefing to the appropriate congressional committees on 7
the methodology and findings of the assessment. 8
SEC. 412. ASSESSMENT OF LIKELY COURSE OF WAR IN 9
UKRAINE. 10
(a) I
NGENERAL.—Not later than 90 days after the 11
date of the enactment of this Act, the Director of National 12
Intelligence, in collaboration with the Director of the De-13
fense Intelligence Agency and the Director of the Central 14
Intelligence Agency, shall submit to the congressional in-15
telligence committees an assessment of the likely course 16
of the war in Ukraine through December 31, 2025. 17
(b) E
LEMENTS.—The assessment required by sub-18
section (a) shall include an assessment of each of the fol-19
lowing: 20
(1) The ability of the military of Ukraine to de-21
fend against Russian aggression if the United States 22
does, or does not, continue to provide military and 23
economic assistance to Ukraine during the period 24
described in such subsection. 25
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(2) The likely course of the war during such pe-1
riod if the United States does, or does not, continue 2
to provide military and economic assistance to 3
Ukraine. 4
(3) The ability and willingness of countries in 5
Europe and outside of Europe to continue to provide 6
military and economic assistance to Ukraine if the 7
United States does, or does not, do so, including the 8
ability of such countries to make up for any shortfall 9
in United States assistance. 10
(4) The effects of a potential defeat of Ukraine 11
by the Russian Federation on the potential for fur-12
ther aggression from the Russian Federation, the 13
People’s Republic of China, the Islamic Republic of 14
Iran, and the Democratic People’s Republic of 15
Korea. 16
(c) F
ORM.—The assessment required by subsection 17
(a) shall be submitted in unclassified form, but may in-18
clude a classified annex. 19
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Subtitle C—International 1
Terrorism 2
SEC. 421. INCLUSION OF HAMAS, HEZBOLLAH, AL-QAEDA, 3
AND ISIS OFFICIALS AND MEMBERS AMONG 4
ALIENS ENGAGED IN TERRORIST ACTIVITY. 5
Section 212(a)(3)(B)(i) of the Immigration and Na-6
tionality Act (8 U.S.C. 1182(a)(3)(B)) is amended, in the 7
undesignated matter following subparagraph (IX), by 8
striking ‘‘or spokesman of the Palestine Liberation Orga-9
nization’’ and inserting ‘‘spokesperson, or member of the 10
Palestine Liberation Organization, Hamas, Hezbollah, Al- 11
Qaeda, ISIS, or any successor or affiliate group, or who 12
endorses or espouses terrorist activities conducted by any 13
of the aforementioned groups,’’. 14
SEC. 422. ASSESSMENT AND REPORT ON THE THREAT OF 15
ISIS-KHORASAN TO THE UNITED STATES. 16
(a) I
NGENERAL.—Not later than 60 days after the 17
date of the enactment of this Act, the Director of the Na-18
tional Counterterrorism Center, in coordination with such 19
elements of the intelligence community as the Director 20
considers relevant, shall— 21
(1) conduct an assessment of the threats to the 22
United States and United States citizens posed by 23
ISIS-Khorasan; and 24
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(2) submit to the congressional intelligence 1
committees a written report on the findings of the 2
assessment. 3
(b) R
EPORTELEMENTS.—The report required by 4
subsection (a) shall include the following: 5
(1) A description of the historical evolution of 6
ISIS-Khorasan, beginning with Al-Qaeda and the at-7
tacks on the United States on September 11, 2001. 8
(2) A description of the ideology and stated in-9
tentions of ISIS-Khorasan as related to the United 10
States and the interests of the United States, includ-11
ing the homeland. 12
(3) A list of all terrorist attacks worldwide at-13
tributable to ISIS-Khorasan or for which ISIS- 14
Khorasan claimed credit, beginning on January 1, 15
2015. 16
(4) A description of the involvement of ISIS- 17
Khorasan in Afghanistan before, during, and after 18
the withdrawal of United States military and civilian 19
personnel and resources in August 2021. 20
(5) The recruiting and training strategy of 21
ISIS-Khorasan following the withdrawal described in 22
paragraph (4), including— 23
(A) the geographic regions in which ISIS- 24
Khorasan is physically present; 25
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(B) regions from which ISIS-Khorasan is 1
recruiting; and 2
(C) its ambitions for individual actors 3
worldwide and in the United States. 4
(6) A description of the relationship between 5
ISIS-Khorasan and ISIS core, the Taliban, Al- 6
Qaeda, and other terrorist groups, as appropriate. 7
(7) A description of the association of members 8
of ISIS-Khorasan with individuals formerly detained 9
at United States Naval Station, Guantanamo Bay, 10
Cuba. 11
(8) A description of ISIS-Khorasan’s develop-12
ment of, and relationships with, travel facilitation 13
networks in Europe, Central Asia, Eurasia, and 14
Latin America. 15
(9) An assessment of ISIS-Khorasan’s under-16
standing of the border and immigration policies and 17
enforcement of the United States. 18
(10) An assessment of the known travel of 19
members of ISIS-Khorasan within the Western 20
Hemisphere and specifically across the southern bor-21
der of the United States. 22
(c) F
ORM.—The report required by subsection (a) 23
shall be submitted in unclassified form, but may include 24
a classified annex. 25
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SEC. 423. TERRORIST FINANCING PREVENTION. 1
(a) D
EFINITIONS.—In this section: 2
(1) D
IGITAL ASSET.—The term ‘‘digital asset’’ 3
means any digital representation of value that is re-4
corded on a cryptographically secured distributed 5
ledger or any similar technology, or another imple-6
mentation which was designed and built as part of 7
a system to leverage or replace blockchain or distrib-8
uted ledger technology or their derivatives. 9
(2) D
IGITAL ASSET PROTOCOL .—The term 10
‘‘digital asset protocol’’ means any communication 11
protocol, smart contract, or other software— 12
(A) deployed through the use of distributed 13
ledger or similar technology; and 14
(B) that provides a mechanism for users to 15
interact and agree to the terms of a trade for 16
digital assets. 17
(3) F
OREIGN DIGITAL ASSET TRANSACTION 18
FACILITATOR.—The term ‘‘foreign digital asset 19
transaction facilitator’’ means any foreign person or 20
group of foreign persons that, as determined by the 21
Secretary, controls, operates, or makes available a 22
digital asset protocol or similar facility, or otherwise 23
materially assists in the purchase, sale, exchange, 24
custody, or other transaction involving an exchange 25
or transfer of value using digital assets. 26
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(4) FOREIGN FINANCIAL INSTITUTION .—The 1
term ‘‘foreign financial institution’’ has the meaning 2
given that term under section 561.308 of title 31, 3
Code of Federal Regulations. 4
(5) F
OREIGN PERSON.—The term ‘‘foreign per-5
son’’ means an individual or entity that is not a 6
United States person. 7
(6) F
OREIGN TERRORIST ORGANIZATION .—The 8
term ‘‘foreign terrorist organization’’ means an or-9
ganization that has been designated as a foreign ter-10
rorist organization by the Secretary of State, pursu-11
ant to section 219 of the Immigration and Nation-12
ality Act (8 U.S.C. 1189). 13
(7) G
OOD.—The term ‘‘good’’ means any arti-14
cle, natural or manmade substance, material, supply, 15
or manufactured product, including inspection and 16
test equipment, and excluding technical data. 17
(8) S
ECRETARY.—The term ‘‘Secretary’’ means 18
the Secretary of the Treasury. 19
(9) S
PECIALLY DESIGNATED GLOBAL TER -20
RORIST ORGANIZATION .—The term ‘‘specially des-21
ignated global terrorist organization’’ means an or-22
ganization that has been designated as a specially 23
designated global terrorist by the Secretary of State 24
or the Secretary, pursuant to Executive Order 25
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13224 (50 U.S.C. 1701 note; relating to blocking 1
property and prohibiting transactions with persons 2
who commit, threaten to commit, or support ter-3
rorism). 4
(10) U
NITED STATES PERSON .—The term 5
‘‘United States person’’ means— 6
(A) an individual who is a United States 7
citizen or an alien lawfully admitted for perma-8
nent residence to the United States; 9
(B) an entity organized under the laws of 10
the United States or any jurisdiction within the 11
United States, including a foreign branch of 12
such an entity; or 13
(C) any person in the United States. 14
(b) S
ANCTIONSWITHRESPECT TOFOREIGNFINAN-15
CIALINSTITUTIONS AND FOREIGNDIGITALASSET 16
T
RANSACTIONFACILITATORSTHATENGAGE INCERTAIN 17
T
RANSACTIONS.— 18
(1) M
ANDATORY IDENTIFICATION .—Not later 19
than 60 days after the date of enactment of this 20
Act, and periodically thereafter, the Secretary shall 21
identify and submit to the President a report identi-22
fying any foreign financial institution or foreign dig-23
ital asset transaction facilitator that has know-24
ingly— 25
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(A) facilitated a significant financial trans-1
action with— 2
(i) a Foreign Terrorist Organization; 3
(ii) a specially designated global ter-4
rorist organization; or 5
(iii) a person identified on the list of 6
specially designated nationals and blocked 7
persons maintained by the Office of For-8
eign Assets Control of the Department of 9
the Treasury, the property and interests in 10
property of which are blocked pursuant to 11
the International Emergency Economic 12
Powers Act (50 U.S.C. 1701 et seq.) for 13
acting on behalf of or at the direction of, 14
or being owned or controlled by, a foreign 15
terrorist organization or a specially des-16
ignated global terrorist organization; or 17
(B) engaged in money laundering to carry 18
out an activity described in subparagraph (A). 19
(2) I
MPOSITION OF SANCTIONS .— 20
(A) F
OREIGN FINANCIAL INSTITUTIONS .— 21
The President shall prohibit, or impose strict 22
conditions on, the opening or maintaining of a 23
correspondent account or a payable-through ac-24
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count in the United States by a foreign finan-1
cial institution identified under paragraph (1). 2
(B) F
OREIGN DIGITAL ASSET TRANS -3
ACTION FACILITATORS.—The President, pursu-4
ant to such regulations as the President may 5
prescribe, shall prohibit any transactions be-6
tween any person subject to the jurisdiction of 7
the United States and a foreign digital asset 8
transaction facilitator identified under para-9
graph (1). 10
(3) I
MPLEMENTATION AND PENALTIES .— 11
(A) I
MPLEMENTATION.—The President 12
may exercise all authorities provided under sec-13
tions 203 and 205 of the International Emer-14
gency Economic Powers Act (50 U.S.C. 1702, 15
1704) to the extent necessary to carry out this 16
Act. 17
(B) P
ENALTIES.—The penalties set forth 18
in subsections (b) and (c) of section 206 of the 19
International Emergency Economic Powers Act 20
(50 U.S.C. 1705) shall apply to a person that 21
violates, attempts to violate, conspires to vio-22
late, or causes a violation of regulations pre-23
scribed under this section to the same extent 24
that such penalties apply to a person that com-25
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mits an unlawful act described in subsection (a) 1
of such section 206. 2
(4) P
ROCEDURES FOR JUDICIAL REVIEW OF 3
CLASSIFIED INFORMATION .— 4
(A) I
N GENERAL.—If a finding under this 5
subsection, or a prohibition, condition, or pen-6
alty imposed as a result of any such finding, is 7
based on classified information (as defined in 8
section 1(a) of the Classified Information Pro-9
cedures Act (18 U.S.C. App.)), the Secretary 10
may submit to a court reviewing the finding or 11
the imposition of the prohibition, condition, or 12
penalty such classified information ex parte and 13
in camera. 14
(B) R
ULE OF CONSTRUCTION .—Nothing in 15
this paragraph shall be construed to confer or 16
imply any right to judicial review of any finding 17
under this subsection or any prohibition, condi-18
tion, or penalty imposed as a result of any such 19
finding. 20
(5) W
AIVER FOR NATIONAL SECURITY .—The 21
Secretary may waive the imposition of sanctions 22
under this subsection with respect to a person if the 23
Secretary— 24
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(A) determines that such a waiver is in the 1
national interests of the United States; and 2
(B) submits to Congress a notification of 3
the waiver and the reasons for the waiver. 4
(6) E
XCEPTION FOR INTELLIGENCE ACTIVI -5
TIES.—This subsection shall not apply with respect 6
to any activity subject to the reporting requirements 7
under title V of the National Security Act of 1947 8
(50 U.S.C. 3091 et seq.) or any authorized intel-9
ligence activities of the United States. 10
(7) E
XCEPTION RELATING TO IMPORTATION OF 11
GOODS.—The authorities and requirements under 12
this section shall not include the authority or a re-13
quirement to impose sanctions on the importation of 14
goods. 15
(c) S
PECIALMEASURES FORMODERNTHREATS.— 16
Section 5318A of title 31, United States Code, is amend-17
ed— 18
(1) in subsection (a)(2)(C), by striking ‘‘sub-19
section (b)(5)’’ and inserting ‘‘paragraphs (5) and 20
(6) of subsection (b)’’; and 21
(2) in subsection (b)— 22
(A) in paragraph (5), by striking ‘‘for or 23
on behalf of a foreign banking institution’’; and 24
(B) by adding at the end the following: 25
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‘‘(6) PROHIBITIONS OR CONDITIONS ON CER -1
TAIN TRANSMITTALS OF FUNDS .—If the Secretary 2
finds a jurisdiction outside of the United States, 1 3
or more financial institutions operating outside of 4
the United States, 1 or more types of accounts with-5
in, or involving, a jurisdiction outside of the United 6
States, or 1 or more classes of transactions within, 7
or involving, a jurisdiction outside of the United 8
States to be of primary money laundering concern, 9
the Secretary, in consultation with the Secretary of 10
State, the Attorney General, and the Chairman of 11
the Board of Governors of the Federal Reserve Sys-12
tem, may prohibit, or impose conditions upon, cer-13
tain transmittals of funds (as such term may be de-14
fined by the Secretary in a special measure issuance, 15
by regulation, or as otherwise permitted by law), to 16
or from any domestic financial institution or domes-17
tic financial agency if such transmittal of funds in-18
volves any such jurisdiction, institution, type of ac-19
count, class of transaction, or type of account.’’. 20
(d) F
UNDING.—There is authorized to be appro-21
priated to the Secretary such funds as are necessary to 22
carry out the purposes of this section. 23
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Subtitle D—Other Foreign Threats 1
SEC. 431. ASSESSMENT OF VISA-FREE TRAVEL TO AND 2
WITHIN WESTERN HEMISPHERE BY NATION-3
ALS OF COUNTRIES OF CONCERN. 4
(a) I
NGENERAL.—Not later than 90 days after the 5
date of the enactment of this Act, the Director of National 6
Intelligence shall submit to the congressional intelligence 7
committees a written assessment of the impacts to na-8
tional security caused by travel without a visa to and with-9
in countries in the Western Hemisphere by nationals of 10
countries of concern. 11
(b) F
ORM.—The assessment required by subsection 12
(a) shall be submitted in unclassified form, but may in-13
clude a classified annex. 14
(c) C
OUNTRIES OFCONCERNDEFINED.—In this sec-15
tion, the term ‘‘countries of concern’’ means— 16
(1) the Russian Federation; 17
(2) the People’s Republic of China; 18
(3) the Islamic Republic of Iran; 19
(4) the Syrian Arab Republic; 20
(5) the Democratic People’s Republic of Korea; 21
(6) the Bolivarian Republic of Venezuela; and 22
(7) the Republic of Cuba. 23
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SEC. 432. STUDY ON THREAT POSED BY FOREIGN INVEST-1
MENT IN UNITED STATES AGRICULTURAL 2
LAND. 3
(a) D
EFINITIONS.—In this section: 4
(1) A
PPROPRIATE COMMITTEES OF CON -5
GRESS.—The term ‘‘appropriate committees of Con-6
gress’’ means— 7
(A) the Select Committee on Intelligence, 8
the Committee on Agriculture, Nutrition, and 9
Forestry, the Committee on Foreign Relations, 10
and the Committee on Banking, Housing, and 11
Urban Affairs of the Senate; and 12
(B) the Permanent Select Committee on 13
Intelligence, the Committee on Agriculture, the 14
Committee on Foreign Affairs, and the Com-15
mittee on Financial Services of the House of 16
Representatives. 17
(2) D
IRECTOR.—The term ‘‘Director’’ means 18
the Director of National Intelligence. 19
(3) N
ONMARKET ECONOMY COUNTRY .—The 20
term ‘‘nonmarket economy country’’ has the mean-21
ing given that term in section 771(18) of the Tariff 22
Act of 1930 (19 U.S.C. 1677(18)). 23
(b) S
TUDY ANDBRIEFING.— 24
(1) I
N GENERAL.—Not later than 1 year after 25
the date of the enactment of this Act, the Director, 26
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in coordination with the elements of the intelligence 1
community the Director considers appropriate and 2
with the Secretary of State, the Secretary of Agri-3
culture, and the Secretary of the Treasury, shall— 4
(A) complete a study on the threat posed 5
to the United States by foreign investment in 6
agricultural land in the United States; and 7
(B) provide to the appropriate committees 8
of Congress a briefing on the results of the 9
study. 10
(2) D
ATA.—In conducting the study required 11
by paragraph (1), the Director shall process and 12
analyze relevant data collected by the Secretary of 13
State, the Secretary of Agriculture, and the Sec-14
retary of the Treasury, including the information 15
submitted to the Secretary of Agriculture under sec-16
tion 2 of the Agricultural Foreign Investment Dis-17
closure Act of 1978 (7 U.S.C. 3501). 18
(3) E
LEMENTS.—The study required by para-19
graph (1) shall include the following: 20
(A) Data and an analysis of agricultural 21
land holdings, including current and previous 22
uses of the land disaggregated by sector and in-23
dustry, in each county in the United States held 24
by a foreign person from— 25
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(i) a country identified as a country 1
that poses a risk to the national security of 2
the United States in the most recent an-3
nual report on worldwide threats issued by 4
the Director pursuant to section 108B of 5
the National Security Act of 1947 (50 6
U.S.C. 3043b) (commonly known as the 7
‘‘Annual Threat Assessment’’); 8
(ii) a nonmarket economy country; or 9
(iii) any other country that the Direc-10
tor determines to be appropriate. 11
(B) An analysis of the proximity of the ag-12
ricultural land holdings to critical infrastructure 13
and military installations. 14
(C) An assessment of the threats posed to 15
the national security of the United States by 16
malign actors that use foreign investment in ag-17
ricultural land in the United States. 18
(D) An assessment of warning indicators 19
and methods by which to detect potential 20
threats from the use by foreign adversaries of 21
agricultural products for nefarious ends. 22
(E) An assessment of additional resources 23
or authorities necessary to counter threats iden-24
tified during the study. 25
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SEC. 433. ASSESSMENT OF THREAT POSED BY CITIZENSHIP- 1
BY-INVESTMENT PROGRAMS. 2
(a) D
EFINITIONS.—In this section: 3
(1) A
PPROPRIATE COMMITTEES OF CON -4
GRESS.—The term ‘‘appropriate committees of Con-5
gress’’ means— 6
(A) the Committee on Homeland Security 7
and Governmental Affairs, the Committee on 8
Foreign Relations, the Committee on Banking, 9
Housing, and Urban Affairs, the Select Com-10
mittee on Intelligence, and the Committee on 11
the Judiciary of the Senate; and 12
(B) the Committee on Homeland Security, 13
the Committee on Foreign Affairs, the Com-14
mittee on Financial Services, the Permanent 15
Select Committee on Intelligence, and the Com-16
mittee on the Judiciary of the House of Rep-17
resentatives. 18
(2) A
SSISTANT SECRETARY.—The term ‘‘Assist-19
ant Secretary’’ means the Assistant Secretary for 20
Intelligence and Analysis of the Department of the 21
Treasury. 22
(3) C
ITIZENSHIP-BY-INVESTMENT PROGRAM .— 23
The term ‘‘citizenship-by-investment program’’ 24
means an immigration, investment, or other pro-25
gram of a foreign country that, in exchange for a 26
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covered contribution, authorizes the individual mak-1
ing the covered contribution to acquire citizenship in 2
such country, including temporary or permanent res-3
idence that may serve as the basis for subsequent 4
naturalization. 5
(4) C
OVERED CONTRIBUTION .—The term ‘‘cov-6
ered contribution’’ means— 7
(A) an investment in, or a monetary dona-8
tion or any other form of direct or indirect cap-9
ital transfer to, including through the purchase 10
or rental of real estate— 11
(i) the government of a foreign coun-12
try; or 13
(ii) any person, business, or entity in 14
such a foreign country; and 15
(B) a donation to, or endowment of, any 16
activity contributing to the public good in such 17
a foreign country. 18
(5) D
IRECTOR.—The term ‘‘Director’’ means 19
the Director of National Intelligence. 20
(b) A
SSESSMENT OF THREATPOSED BYCITIZEN-21
SHIP-BY-INVESTMENTPROGRAMS.— 22
(1) A
SSESSMENT.—Not later than 1 year after 23
the date of the enactment of this Act, the Director 24
and the Assistant Secretary, in coordination with the 25
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heads of the other elements of the intelligence com-1
munity and the head of any appropriate Federal 2
agency, shall complete an assessment of the threat 3
posed to the United States by citizenship-by-invest-4
ment programs. 5
(2) E
LEMENTS.—The assessment required by 6
paragraph (1) shall include the following: 7
(A) An identification of each citizenship- 8
by-investment program, including an identifica-9
tion of the foreign country that operates each 10
such program. 11
(B) With respect to each citizenship-by-in-12
vestment program identified under subpara-13
graph (A)— 14
(i) a description of the types of invest-15
ments required under the program; and 16
(ii) an identification of the sectors to 17
which an individual may make a covered 18
contribution under the program. 19
(C) An assessment of the threats posed to 20
the national security of the United States by 21
malign actors that use citizenship-by-investment 22
programs— 23
(i) to evade sanctions or taxes; 24
(ii) to facilitate or finance— 25
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(I) crimes relating to national se-1
curity, including terrorism, weapons 2
trafficking or proliferation, 3
cybercrime, drug trafficking, human 4
trafficking, and espionage; or 5
(II) any other activity that fur-6
thers the interests of a foreign adver-7
sary or undermines the integrity of 8
the immigration laws or security of 9
the United States; or 10
(iii) to undermine the United States 11
and its interests through any other means 12
identified by the Director and the Assist-13
ant Secretary. 14
(D) An identification of the foreign coun-15
tries the citizenship-by-investment programs of 16
which pose the greatest threat to the national 17
security of the United States. 18
(3) R
EPORT AND BRIEFING.— 19
(A) R
EPORT.— 20
(i) I
N GENERAL.—Not later than 180 21
days after completing the assessment re-22
quired by paragraph (1), the Director and 23
the Assistant Secretary shall jointly submit 24
to the appropriate committees of Congress 25
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a report on the findings of the Director 1
and the Assistant Secretary with respect to 2
the assessment. 3
(ii) E
LEMENTS.—The report required 4
by clause (i) shall include the following: 5
(I) A detailed description of the 6
threats posed to the national security 7
of the United States by citizenship-by- 8
investment programs. 9
(II) Recommendations for addi-10
tional resources or authorities nec-11
essary to counter such threats. 12
(III) A description of opportuni-13
ties to counter such threats. 14
(iii) F
ORM.—The report required by 15
clause (i) shall be submitted in unclassified 16
form but may include a classified annex, as 17
appropriate. 18
(B) B
RIEFING.—Not later than 90 days 19
after the date on which the report required by 20
subparagraph (A) is submitted, the Director 21
and Assistant Secretary shall provide the appro-22
priate committees of Congress with a briefing 23
on the report. 24
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SEC. 434. MITIGATING THE USE OF UNITED STATES COMPO-1
NENTS AND TECHNOLOGY IN HOSTILE AC-2
TIVITIES BY FOREIGN ADVERSARIES. 3
(a) F
INDINGS.—Congress finds the following: 4
(1) Foreign defense material, including ad-5
vanced military and intelligence capabilities, con-6
tinues to rely heavily on products and services 7
sourced from the United States. 8
(2) Iran drones operating against Ukraine were 9
found to include several United States components. 10
(3) The components described in paragraph (2) 11
came from 13 different United States companies and 12
are integral to the operation of the drones. 13
(4) The Chinese spy balloon that flew across 14
the United States in 2023 used a United States 15
internet service provider to communicate. 16
(5) The connection allowed the balloon to send 17
burst transmissions, or high-bandwidth collections of 18
data over short periods. 19
(6) Foreign adversaries and affiliated foreign 20
defense companies frequently acquire components 21
and services, sourced from the United States, 22
through violation of United States export control 23
laws. 24
(b) S
UPPLYCHAINRISKMITIGATION.—Not later 25
than 180 days after the date of the enactment of this Act, 26
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the Director of National Intelligence shall, in collaboration 1
with such heads of elements of the intelligence community 2
as the Director considers appropriate, develop and com-3
mence implementation of a strategy to work with United 4
States companies to mitigate or disrupt the acquisition 5
and use of United States components in the conduct of 6
activities harmful to the national security of the United 7
States. 8
(c) G
OAL.—The goal of the strategy required by sub-9
section (b) shall be to inform and provide intelligence sup-10
port to government and private sector entities in pre-11
venting United States components and technologies from 12
aiding or supporting hostile or harmful activities con-13
ducted by foreign adversaries of the United States. 14
(d) C
ONSULTATION.—In developing and imple-15
menting the strategy required by subsection (b), the Di-16
rector of National Intelligence— 17
(1) shall consult with the Secretary of Com-18
merce, the Secretary of Defense, and the Secretary 19
of Homeland Security; and 20
(2) may consult with such other heads of Fed-21
eral departments or agencies as the Director of Na-22
tional Intelligence considers appropriate. 23
(e) A
NNUALREPORTS.—Not later than 1 year after 24
the date of the enactment of this Act and annually there-25
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after until the date that is 3 years after the date of the 1
enactment of this Act, the Director shall submit to Con-2
gress an annual report on the status and effect of the im-3
plementation of the strategy required by subsection (b). 4
SEC. 435. OFFICE OF INTELLIGENCE AND COUNTERINTEL-5
LIGENCE REVIEW OF VISITORS AND ASSIGN-6
EES. 7
(a) D
EFINITIONS.—In this section: 8
(1) A
PPROPRIATE CONGRESSIONAL COMMIT -9
TEES.—The term ‘‘appropriate congressional com-10
mittees’’ means— 11
(A) the Select Committee on Intelligence 12
and the Committee on Energy and Natural Re-13
sources of the Senate; and 14
(B) the Permanent Select Committee on 15
Intelligence and the Committee on Energy and 16
Commerce of the House of Representatives. 17
(2) A
SSIGNEE; VISITOR.—The terms ‘‘assignee’’ 18
and ‘‘visitor’’ mean a foreign national from a coun-19
try identified in the report submitted to Congress by 20
the Director of National Intelligence in 2024 pursu-21
ant to section 108B of the National Security Act of 22
1947 (50 U.S.C. 3043b) (commonly referred to as 23
the ‘‘Annual Threat Assessment’’) as ‘‘engaging in 24
competitive behavior that directly threatens U.S. na-25
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tional security’’, who is not an employee of a Na-1
tional Laboratory, and has requested access to the 2
premises, information, or technology of a National 3
Laboratory. 4
(3) D
IRECTOR.—The term ‘‘Director’’ means 5
the Director of the Office of Intelligence and Coun-6
terintelligence of the Department of Energy (or their 7
designee). 8
(4) F
OREIGN NATIONAL.—The term ‘‘foreign 9
national’’ has the meaning given the term ‘‘alien’’ in 10
section 101(a) of the Immigration and Nationality 11
Act (8 U.S.C. 1101(a)). 12
(5) N
ATIONAL LABORATORY .—The term ‘‘Na-13
tional Laboratory’’ has the meaning given the term 14
in section 2 of the Energy Policy Act of 2005 (42 15
U.S.C. 15801). 16
(6) N
ON-TRADITIONAL COLLECTOR .—The term 17
‘‘non-traditional collector’’ means an individual not 18
employed by a foreign intelligence service, who is 19
seeking access to sensitive information about a capa-20
bility, research, or organizational dynamics of the 21
United States to inform a foreign adversary or non- 22
state actor. 23
(b) F
INDINGS.—The Senate finds the following: 24
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(1) The National Laboratories conduct critical, 1
cutting-edge research across a range of scientific dis-2
ciplines that provide the United States with a tech-3
nological edge over other countries. 4
(2) The technologies developed in the National 5
Laboratories contribute to the national security of 6
the United States, including classified and sensitive 7
military technology and dual-use commercial tech-8
nology. 9
(3) International cooperation in the field of 10
science is critical to the United States maintaining 11
its leading technological edge. 12
(4) The research enterprise of the Department 13
of Energy, including the National Laboratories, is 14
increasingly targeted by adversarial nations to ex-15
ploit military and dual-use technologies for military 16
or economic gain. 17
(5) Approximately 40,000 citizens of foreign 18
countries, including more than 8,000 citizens from 19
China and Russia, were granted access to the prem-20
ises, information, or technology of National Labora-21
tories in fiscal year 2023. 22
(6) The Office of Intelligence and Counterintel-23
ligence of the Department of Energy is responsible 24
for identifying and mitigating counterintelligence 25
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risks to the Department, including the National 1
Laboratories. 2
(c) S
ENSE OF THESENATE.—It is the sense of the 3
Senate that, before being granted access to the premises, 4
information, or technology of a National Laboratory, citi-5
zens of foreign countries identified in the 2024 Annual 6
Threat Assessment of the intelligence community as ‘‘en-7
gaging in competitive behavior that directly threatens U.S. 8
national security’’ should be appropriately screened by the 9
National Laboratory to which they seek access, and by the 10
Office of Intelligence and Counterintelligence of the De-11
partment, to identify and mitigate risks associated with 12
granting the requested access to sensitive military, or 13
dual-use technologies. 14
(d) R
EVIEW OFSENSITIVECOUNTRYVISITOR AND 15
A
SSIGNEEACCESSREQUESTS.—The Director shall pro-16
mulgate a policy to assess the counterintelligence risk each 17
visitor or assignee poses to the research or activities un-18
dertaken at a National Laboratory. 19
(e) A
DVICEWITHRESPECT TOVISITORS ORASSIGN-20
EES.— 21
(1) I
N GENERAL.—The Director shall provide 22
advice to a National Laboratory on visitors and as-23
signees when 1 or more of the following conditions 24
are present: 25
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(A) The Director has reason to believe that 1
a visitor or assignee is a non-traditional intel-2
ligence collector. 3
(B) The Director is in receipt of informa-4
tion indicating that a visitor or assignee con-5
stitutes a counterintelligence risk to a National 6
Laboratory. 7
(2) A
DVICE DESCRIBED.—Advice provided to a 8
National Laboratory in accordance with paragraph 9
(1) shall include— 10
(A) a description of the assessed risk; 11
(B) recommendations to mitigate the risk; 12
and 13
(C) identification of research or technology 14
that would be at risk if access is granted to the 15
visitor or assignee concerned. 16
(f) R
EPORTS TOCONGRESS.—Not later than 90 days 17
after the date of the enactment of this Act, and quarterly 18
thereafter, the Director shall submit to the appropriate 19
congressional committees a report, which shall include— 20
(1) the number of visitors or assignees per-21
mitted to access the premises, information, or tech-22
nology of each National Laboratory; 23
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(2) the number of instances in which the Direc-1
tor advised a National Laboratory in accordance 2
with subsection (e); and 3
(3) the number of instances in which a National 4
Laboratory admitted a visitor or assignee against 5
the advice of the Director. 6
SEC. 436. PROHIBITION ON NATIONAL LABORATORIES AD-7
MITTING CERTAIN FOREIGN NATIONALS. 8
(a) D
EFINITIONS.—In this section: 9
(1) A
SSIGNEE.—The term ‘‘assignee’’ means an 10
individual who is seeking approval from, or has been 11
approved by, a National Laboratory to access the 12
premises, information, or technology of the National 13
Laboratory for a period of more than 30 consecutive 14
days. 15
(2) C
OVERED FOREIGN NATIONAL .— 16
(A) I
N GENERAL.—The term ‘‘covered for-17
eign national’’ means a foreign national of any 18
of the following countries: 19
(i) The People’s Republic of China. 20
(ii) The Russian Federation. 21
(iii) The Islamic Republic of Iran. 22
(iv) The Democratic People’s Republic 23
of Korea. 24
(v) The Republic of Cuba. 25
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(B) EXCLUSION.—The term ‘‘covered for-1
eign national’’ does not include an individual 2
that is lawfully admitted for permanent resi-3
dence (as defined in section 101(a) of the Im-4
migration and Nationality Act (8 U.S.C. 5
1101(a))). 6
(3) F
OREIGN NATIONAL.—The term ‘‘foreign 7
national’’ has the meaning given the term ‘‘alien’’ in 8
section 101(a) of the Immigration and Nationality 9
Act (8 U.S.C. 1101(a)). 10
(4) N
ATIONAL LABORATORY .—The term ‘‘Na-11
tional Laboratory’’ has the meaning given the term 12
in section 2 of the Energy Policy Act of 2005 (42 13
U.S.C. 15801). 14
(5) S
ENIOR COUNTERINTELLIGENCE OFFI -15
CIAL.—The term ‘‘senior counterintelligence official’’ 16
means— 17
(A) the Director of the Federal Bureau of 18
Investigation; 19
(B) the Deputy Director of the Federal 20
Bureau of Investigation; 21
(C) the Executive Assistant Director of the 22
National Security Branch of the Federal Bu-23
reau of Investigation; or 24
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(D) the Assistant Director of the Counter-1
intelligence Division of the Federal Bureau of 2
Investigation. 3
(6) V
ISITOR.—The term ‘‘visitor’’ means an in-4
dividual who is seeking approval from, or has been 5
approved by, a National Laboratory to access the 6
premises, information, or technology of the National 7
Laboratory for any period shorter than a period de-8
scribed in paragraph (1). 9
(b) P
ROHIBITION.— 10
(1) I
N GENERAL.—Except as provided in para-11
graph (2), beginning on the date of enactment of 12
this Act, a National Laboratory— 13
(A) shall not admit as a visitor or assignee 14
any covered foreign national; and 15
(B) shall prohibit access to any visitor or 16
assignee that is a covered foreign national and 17
has sought or obtained approval to access the 18
premises, information, or technology of the Na-19
tional Laboratory as of that date. 20
(2) W
AIVER.—Paragraph (1) shall not apply to 21
a National Laboratory if the Secretary of Energy, in 22
consultation with the Director of the Office of Intel-23
ligence and Counterintelligence of the Department of 24
Energy and a senior counterintelligence official, cer-25
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tifies and issues a waiver to the National Laboratory 1
requesting to admit a covered foreign national as a 2
visitor or assignee, in writing, that the benefits to 3
the United States of admittance or access by that 4
covered foreign national outweigh the national secu-5
rity and economic risks to the United States. 6
(3) N
OTIFICATION TO CONGRESS .—Not later 7
than 30 days after the date that a waiver is issued 8
pursuant to paragraph (2), the Secretary of Energy 9
shall submit to the Select Committee on Intelligence 10
of the Senate, the Committee on Energy and Nat-11
ural Resources of the Senate, the Committee on 12
Commerce, Science, and Transportation of the Sen-13
ate, the Permanent Select Committee on Intelligence 14
of the House of Representatives, the Committee on 15
Energy and Commerce of the House of Representa-16
tives, and the Committee on Science, Space, and 17
Technology of the House of Representatives a notifi-18
cation describing each waiver issued pursuant to 19
paragraph (2), including— 20
(A) the country of origin of the covered 21
foreign national who is the subject of the waiv-22
er; 23
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(B) the date of the request by the covered 1
foreign national for admission or access to a 2
National Laboratory; 3
(C) the date on which the decision to issue 4
the waiver was made; and 5
(D) the specific reasons for issuing the 6
waiver. 7
SEC. 437. QUARTERLY REPORT ON CERTAIN FOREIGN NA-8
TIONALS ENCOUNTERED AT THE UNITED 9
STATES BORDER. 10
(a) D
EFINITIONS.—In this section: 11
(1) E
NCOUNTERED.—The term ‘‘encountered’’, 12
with respect to a special interest alien, means phys-13
ically apprehended by U.S. Customs and Border 14
Protection personnel. 15
(2) S
PECIAL INTEREST ALIEN.—The term ‘‘spe-16
cial interest alien’’ means an alien (as defined in sec-17
tion 101(a)(3) of the Immigration and Nationality 18
Act (8 U.S.C. 1101(a)(3)) who, based upon an anal-19
ysis of travel patterns and other information avail-20
able to the United States Government, potentially 21
poses a threat to the national security of the United 22
States and its interests due to a known or potential 23
nexus to terrorism, espionage, organized crime, or 24
other malign actors. 25
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(b) INGENERAL.—Not later than 60 days after the 1
date of the enactment of this Act, and quarterly thereafter 2
for the following 3 years, the Secretary of Homeland Secu-3
rity, in coordination with the Director of National Intel-4
ligence, shall publish, on a publicly accessible website of 5
the Department of Homeland Security, a report identi-6
fying the aggregate number of special interest aliens who, 7
during the applicable reporting period— 8
(1) have been encountered at or near an inter-9
national border of the United States; and 10
(2)(A) have been released from custody; 11
(B) are under supervision; 12
(C) are being detained by the Department of 13
Homeland Security; or 14
(D) have been removed from the United States. 15
SEC. 438. ASSESSMENT OF THE LESSONS LEARNED BY THE 16
INTELLIGENCE COMMUNITY WITH RESPECT 17
TO THE ISRAEL-HAMAS WAR. 18
(a) I
NGENERAL.—Not later than 90 days after the 19
date of the enactment of this Act, the Director of National 20
Intelligence, in consultation with such other heads of ele-21
ments of the intelligence community as the Director con-22
siders appropriate, shall submit to the appropriate com-23
mittees of Congress a written assessment of the lessons 24
learned from the Israel-Hamas war. 25
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(b) ELEMENTS.—The assessment required by sub-1
section (a) shall include the following: 2
(1) Lessons learned from the timing and scope 3
of the October 7, 2023 attack by Hamas against 4
Israel, including lessons related to United States in-5
telligence cooperation with Israel and other regional 6
partners. 7
(2) Lessons learned from advances in warfare, 8
including the use by adversaries of a complex tunnel 9
network. 10
(3) Lessons learned from attacks by adversaries 11
against maritime shipping routes in the Red Sea. 12
(4) Lessons learned from the use by adversaries 13
of rockets, missiles, and unmanned aerial systems, 14
including attacks by Iran. 15
(5) Analysis of the impact of the Israel-Hamas 16
war on the global security environment, including 17
the war in Ukraine. 18
(c) F
ORM.—The assessment required by subsection 19
(a) shall be submitted in unclassified form, but may in-20
clude a classified annex. 21
(d) A
PPROPRIATECOMMITTEES OF CONGRESSDE-22
FINED.—In this section, the term ‘‘appropriate commit-23
tees of Congress’’ means— 24
(1) the congressional intelligence committees; 25
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(2) the Committee on Armed Services and the 1
Committee on Appropriations of the Senate; and 2
(3) the Committee on Armed Services and the 3
Committee on Appropriations of the House of Rep-4
resentatives. 5
SEC. 439. CENTRAL INTELLIGENCE AGENCY INTELLIGENCE 6
ASSESSMENT ON TREN DE ARAGUA. 7
(a) I
NGENERAL.—Not later than 90 days after the 8
date of the enactment of this Act, the Director of the Cen-9
tral Intelligence Agency, in consultation with such other 10
heads of elements of the intelligence community as the Di-11
rector considers appropriate, shall submit to the appro-12
priate committees of Congress an intelligence assessment 13
on the gang known as ‘‘Tren de Aragua’’. 14
(b) E
LEMENTS.—The intelligence assessment re-15
quired by subsection (a) shall include the following: 16
(1) A description of the key leaders, organiza-17
tional structure, subgroups, presence in countries in 18
the Western Hemisphere, and cross-border illicit 19
drug smuggling routes of Tren de Aragua. 20
(2) A description of the practices used by Tren 21
de Aragua to generate revenue. 22
(3) A description of the level at which Tren de 23
Aragua receives support from the regime of Nicola´s 24
Maduro in Venezuela. 25
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(4) A description of the manner in which Tren 1
de Aragua is exploiting heightened migratory flows 2
out of Venezuela and throughout the Western Hemi-3
sphere to expand its operations. 4
(5) A description of the degree to which Tren 5
de Aragua cooperates or competes with other crimi-6
nal organizations in the Western Hemisphere. 7
(6) An estimate of the annual revenue received 8
by Tren de Aragua from the sale of illicit drugs, kid-9
napping, and human trafficking, disaggregated by 10
activity. 11
(7) A determination on whether Tren De 12
Aragua meets the definition of ‘‘significant 13
transnational criminal organization’’ in section 3 of 14
Executive Order 13581 (76 Fed. Reg. 44757; relat-15
ing to blocking property of transnational criminal or-16
ganizations), as amended by Executive Order 13863 17
(84 Fed. Reg. 10255; relating to taking additional 18
steps to address the national emergency with respect 19
to significant transnational criminal organizations). 20
(8) Any other information the Director of the 21
Central Intelligence Agency considers relevant. 22
(c) F
ORM.—The intelligence assessment required by 23
subsection (a) may be submitted in classified form. 24
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(d) DEFINITION OFAPPROPRIATECOMMITTEES OF 1
C
ONGRESS.—In this section, the term ‘‘appropriate com-2
mittees of Congress’’ means— 3
(1) the congressional intelligence committees; 4
(2) the Committee on Foreign Relations, the 5
Committee on Homeland Security and Governmental 6
Affairs, the Committee on Banking, Housing, and 7
Urban Affairs, and the Committee on Appropria-8
tions of the Senate; and 9
(3) the Committee on Foreign Affairs, the 10
Committee on Homeland Security, and the Com-11
mittee on Appropriations of the House of Represent-12
atives. 13
SEC. 440. ASSESSMENT OF MADURO REGIME’S ECONOMIC 14
AND SECURITY RELATIONSHIPS WITH STATE 15
SPONSORS OF TERRORISM AND FOREIGN 16
TERRORIST ORGANIZATIONS. 17
(a) I
NGENERAL.—Not later than 90 days after the 18
date of the enactment of this Act, the Director of National 19
Intelligence shall submit to the congressional intelligence 20
committees a written assessment of the economic and se-21
curity relationships of the regime of Nicola´s Maduro of 22
Venezuela with the countries and organizations described 23
in subsection (b), including formal and informal support 24
to and from such countries and organizations. 25
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(b) COUNTRIES ANDORGANIZATIONSDESCRIBED.— 1
The countries and organizations described in this sub-2
section are the following: 3
(1) The following countries designated by the 4
United States as state sponsors of terrorism: 5
(A) The Republic of Cuba. 6
(B) The Islamic Republic of Iran. 7
(2) The following organizations designated by 8
the United States as foreign terrorist organizations: 9
(A) The National Liberation Army (ELN). 10
(B) The Revolutionary Armed Forces of 11
Colombia–People’s Army (FARC-EP). 12
(C) The Segunda Marquetalia. 13
(c) F
ORM.—The assessment required by subsection 14
(a) shall be submitted in unclassified form, but may in-15
clude a classified annex. 16
SEC. 441. CONTINUED CONGRESSIONAL OVERSIGHT OF 17
IRANIAN EXPENDITURES SUPPORTING FOR-18
EIGN MILITARY AND TERRORIST ACTIVITIES. 19
(a) U
PDATEREQUIRED.—Not later than 90 days 20
after the date of the enactment of this Act, the Director 21
of National Intelligence shall submit to the congressional 22
intelligence committees an update to the report submitted 23
under section 6705 of the Damon Paul Nelson and Mat-24
thew Young Pollard Intelligence Authorization Act for 25
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Fiscal Years 2018, 2019, and 2020 (22 U.S.C. 9412) to 1
reflect current occurrences, circumstances, and expendi-2
tures. 3
(b) F
ORM.—The update submitted pursuant to sub-4
section (a) shall be submitted in unclassified form, but 5
may include a classified annex. 6
TITLE V—EMERGING 7
TECHNOLOGIES 8
SEC. 501. STRATEGY TO COUNTER FOREIGN ADVERSARY 9
EFFORTS TO UTILIZE BIOTECHNOLOGIES IN 10
WAYS THAT THREATEN UNITED STATES NA-11
TIONAL SECURITY. 12
(a) S
ENSE OFCONGRESS.—It is the sense of Con-13
gress that as biotechnologies become increasingly impor-14
tant with regard to the national security interests of the 15
United States, and with the addition of biotechnologies to 16
the biosecurity mission of the National Counterprolifera-17
tion and Biosecurity Center, the intelligence community 18
must articulate and implement a whole-of-government 19
strategy for addressing concerns relating to biotech-20
nologies. 21
(b) S
TRATEGY FORBIOTECHNOLOGIES CRITICAL TO 22
N
ATIONALSECURITY.— 23
(1) S
TRATEGY REQUIRED .—Not later than 90 24
days after the date of the enactment of this Act, the 25
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Director of National Intelligence shall, acting 1
through the Director of the National Counterpro-2
liferation and Biosecurity Center and in coordination 3
with the heads of such other elements of the intel-4
ligence community as the Director of National Intel-5
ligence considers appropriate, develop and submit to 6
the congressional intelligence committees a whole-of- 7
government strategy to address concerns relating to 8
biotechnologies. 9
(2) E
LEMENTS.—The strategy developed and 10
submitted pursuant to paragraph (1) shall include 11
the following: 12
(A) Identification and assessment of bio-13
technologies critical to the national security of 14
the United States, including an assessment of 15
which materials involve a dependency on foreign 16
adversary nations. 17
(B) A determination of how best to 18
counter foreign adversary efforts to utilize bio-19
technologies that threaten the national security 20
of the United States, including technologies 21
identified pursuant to paragraph (1). 22
(C) A plan to support United States ef-23
forts and capabilities to secure the United 24
States supply chains of the technologies identi-25
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fied pursuant to paragraph (1), by coordi-1
nating— 2
(i) across the intelligence community; 3
(ii) the support provided by the intel-4
ligence community to other relevant Fed-5
eral agencies and policymakers; 6
(iii) the engagement of the intelligence 7
community with private sector entities; and 8
(iv) how the intelligence community 9
can support securing United States supply 10
chains for and use of biotechnologies. 11
(D) Proposals for such legislative or ad-12
ministrative action as the Directors consider 13
necessary to support the strategy. 14
SEC. 502. IMPROVEMENTS TO THE ROLES, MISSIONS, AND 15
OBJECTIVES OF THE NATIONAL COUNTER-16
PROLIFERATION AND BIOSECURITY CENTER. 17
Section 119A of the National Security Act of 1947 18
(50 U.S.C. 3057) is amended— 19
(1) in subsection (a)(4), by striking ‘‘biosecurity 20
and’’ and inserting ‘‘counterproliferation, biosecu-21
rity, and’’; and 22
(2) in subsection (b)— 23
(A) in paragraph (1)— 24
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(i) in subparagraph (A), by striking 1
‘‘analyzing and’’; 2
(ii) in subparagraph (C), by striking 3
‘‘Establishing’’ and inserting ‘‘Coordi-4
nating the establishment of’’; 5
(iii) in subparagraph (D), by striking 6
‘‘Disseminating’’ and inserting ‘‘Over-7
seeing the dissemination of’’; 8
(iv) in subparagraph (E), by inserting 9
‘‘and coordinating’’ after ‘‘Conducting’’; 10
and 11
(v) in subparagraph (G), by striking 12
‘‘Conducting’’ and inserting ‘‘Coordinating 13
and advancing’’; and 14
(B) in paragraph (2)— 15
(i) in subparagraph (B), by striking 16
‘‘and analysis’’; 17
(ii) by redesignating subparagraphs 18
(C) through (E) as subparagraphs (D) 19
through (F), respectively; 20
(iii) by inserting after subparagraph 21
(B) the following: 22
‘‘(C) Overseeing and coordinating the anal-23
ysis of intelligence on biosecurity and foreign 24
biological threats in support of the intelligence 25
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needs of Federal departments and agencies re-1
sponsible for public health, including by pro-2
viding analytic priorities to elements of the in-3
telligence community and by conducting and co-4
ordinating net assessments.’’; 5
(iv) in subparagraph (D), as redesig-6
nated by clause (ii), by inserting ‘‘on mat-7
ters relating to biosecurity and foreign bio-8
logical threats’’ after ‘‘public health’’; 9
(v) in subparagraph (F), as redesig-10
nated by clause (ii), by inserting ‘‘and au-11
thorities’’ after ‘‘capabilities’’; and 12
(vi) by adding at the end the fol-13
lowing: 14
‘‘(G) Coordinating with relevant elements 15
of the intelligence community and other Federal 16
departments and agencies responsible for public 17
health to engage with private sector entities on 18
information relevant to biosecurity, bio-19
technology, and foreign biological threats.’’. 20
SEC. 503. ENHANCING CAPABILITIES TO DETECT FOREIGN 21
ADVERSARY THREATS RELATING TO BIO-22
LOGICAL DATA. 23
Not later than 90 days after the date of the enact-24
ment of this Act, the Director of National Intelligence 25
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shall, in consultation with the heads of such Federal de-1
partments and agencies as the Director considers appro-2
priate, take the following steps to standardize and enhance 3
the capabilities of the intelligence community to detect for-4
eign adversary threats relating to biological data: 5
(1) Prioritize the collection, analysis, and dis-6
semination of information relating to foreign adver-7
sary use of biological data, particularly in ways that 8
threaten or could threaten the national security of 9
the United States. 10
(2) Issue policy guidance within the intelligence 11
community— 12
(A) to standardize the handling and proc-13
essing of biological data, including with respect 14
to protecting the civil liberties and privacy of 15
United States persons; 16
(B) to standardize and enhance intelligence 17
engagements with foreign allies and partners 18
with respect to biological data; and 19
(C) to standardize the creation of 20
metadata relating to biological data. 21
(3) Ensure coordination with such Federal de-22
partments and agencies and entities in the private 23
sector as the Director considers appropriate to un-24
derstand how foreign adversaries are accessing and 25
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using biological data stored within the United 1
States. 2
SEC. 504. NATIONAL SECURITY PROCEDURES TO ADDRESS 3
CERTAIN RISKS AND THREATS RELATING TO 4
ARTIFICIAL INTELLIGENCE. 5
(a) F
INDINGS.—Congress finds the following: 6
(1) Artificial intelligence systems demonstrate 7
increased capabilities in the generation of synthetic 8
media and computer programming code, as well as 9
areas such as object recognition, natural language 10
processing, and workflow orchestration. 11
(2) The growing capabilities of artificial intel-12
ligence systems in the areas described in paragraph 13
(1), as well as the greater accessibility of large-scale 14
artificial intelligence models and advanced computa-15
tion capabilities to individuals, businesses, and gov-16
ernments, have dramatically increased the adoption 17
of artificial intelligence products in the United 18
States and globally. 19
(3) The advanced capabilities of the systems de-20
scribed in paragraph (1), and their accessibility to a 21
wide-range of users, have increased the likelihood 22
and effect of misuse or malfunction of these systems, 23
such as to generate synthetic media for 24
disinformation campaigns, develop or refine malware 25
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for computer network exploitation activity, enhance 1
surveillance capabilities in ways that undermine the 2
privacy of citizens of the United States, and increase 3
the risk of exploitation or malfunction of information 4
technology systems incorporating artificial intel-5
ligence systems in mission-critical fields such as 6
health care, critical infrastructure, and transpor-7
tation. 8
(b) P
ROCEDURESREQUIRED.—Not later than 180 9
days after the date of the enactment of this Act, the Presi-10
dent shall develop and issue procedures to facilitate and 11
promote mechanisms by which— 12
(1) vendors of advanced computation capabili-13
ties, vendors and commercial users of artificial intel-14
ligence systems, as well as independent researchers 15
and other third parties, may effectively notify appro-16
priate elements of the United States Government 17
of— 18
(A) information security risks emanating 19
from artificial intelligence systems, such as the 20
use of an artificial intelligence system to de-21
velop or refine malicious software; 22
(B) information security risks such as indi-23
cations of compromise or other threat informa-24
tion indicating a compromise to the confiden-25
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tiality, integrity, or availability of an artificial 1
intelligence system, or to the supply chain of an 2
artificial intelligence system, including training 3
or test data, frameworks, computing environ-4
ments, or other components necessary for the 5
training, management, or maintenance of an ar-6
tificial intelligence system; 7
(C) biosecurity risks emanating from artifi-8
cial intelligence systems, such as the use of an 9
artificial intelligence system to design, develop, 10
or acquire dual-use biological entities such as 11
putatively toxic small molecules, proteins, or 12
pathogenic organisms; 13
(D) suspected foreign malign influence (as 14
defined by section 119C of the National Secu-15
rity Act of 1947 (50 U.S.C. 3059(f))) activity 16
that appears to be facilitated by an artificial in-17
telligence system; and 18
(E) any other unlawful activity facilitated 19
by, or directed at, an artificial intelligence sys-20
tem; 21
(2) elements of the Federal Government may 22
provide threat briefings to vendors of advanced com-23
putation capabilities and vendors of artificial intel-24
ligence systems, alerting them, as may be appro-25
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priate, to potential or confirmed foreign exploitation 1
of their systems, as well as malign foreign plans and 2
intentions. 3
(c) B
RIEFINGREQUIRED.— 4
(1) A
PPROPRIATE COMMITTEES OF CON -5
GRESS.—In this subsection, the term ‘‘appropriate 6
committees of Congress’’ means— 7
(A) the congressional intelligence commit-8
tees; 9
(B) the Committee on Homeland Security 10
and Governmental Affairs of the Senate; and 11
(C) the Committee on Homeland Security 12
of the House of Representatives. 13
(2) I
N GENERAL.—The President shall provide 14
the appropriate committees of Congress a briefing 15
on procedures developed and issued pursuant to sub-16
section (b). 17
(3) E
LEMENTS.—The briefing provided pursu-18
ant to paragraph (2) shall include the following: 19
(A) A clear specification of which Federal 20
agencies are responsible for leading outreach to 21
affected industry and the public with respect to 22
the matters described in subparagraphs (A) 23
through (E) of paragraph (1) of subsection (b) 24
and paragraph (2) of such subsection. 25
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(B) An outline of a plan for industry out-1
reach and public education regarding risks 2
posed by, and directed at, artificial intelligence 3
systems. 4
(C) Use of research and development, 5
stakeholder outreach, and risk management 6
frameworks established pursuant to— 7
(i) provisions of law in effect on the 8
day before the date of the enactment of 9
this Act; or 10
(ii) Federal agency guidelines. 11
SEC. 505. ESTABLISHMENT OF ARTIFICIAL INTELLIGENCE 12
SECURITY CENTER. 13
(a) E
STABLISHMENT.—Not later than 90 days after 14
the date of the enactment of this Act, the Director of the 15
National Security Agency shall establish an Artificial In-16
telligence Security Center within the Cybersecurity Col-17
laboration Center of the National Security Agency. 18
(b) F
UNCTIONS.—The functions of the Artificial In-19
telligence Security Center shall be as follows: 20
(1) Making available a research test bed to pri-21
vate sector and academic researchers, on a sub-22
sidized basis, to engage in artificial intelligence secu-23
rity research, including through the secure provision 24
of access in a secure environment to proprietary 25
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third-party models, with the consent of the vendors 1
of the models. 2
(2) Developing guidance to prevent or mitigate 3
counter-artificial intelligence techniques. 4
(3) Promoting secure artificial intelligence 5
adoption practices for managers of national security 6
systems (as defined in section 3552 of title 44, 7
United States Code) and elements of the defense in-8
dustrial base. 9
(4) Coordinating with the Artificial Intelligence 10
Safety Institute of the National Institute of Stand-11
ards and Technology. 12
(5) Such other functions as the Director con-13
siders appropriate. 14
(c) T
ESTBEDREQUIREMENTS.— 15
(1) A
CCESS AND TERMS OF USAGE .— 16
(A) R
ESEARCHER ACCESS .—The Director 17
shall establish terms of usage governing re-18
searcher access to the test bed made available 19
under subsection (b)(1), with limitations on re-20
searcher publication only to the extent nec-21
essary to protect classified information or pro-22
prietary information concerning third-party 23
models provided through the consent of model 24
vendors. 25
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(B) AVAILABILITY TO FEDERAL AGEN -1
CIES.—The Director shall ensure that the test 2
bed made available under subsection (b)(1) is 3
also made available to other Federal agencies 4
on a cost-recovery basis. 5
(2) U
SE OF CERTAIN INFRASTRUCTURE AND 6
OTHER RESOURCES .—In carrying out subsection 7
(b)(1), the Director shall leverage, to the greatest 8
extent practicable, infrastructure and other re-9
sources provided under section 5.2 of the Executive 10
Order dated October 30, 2023 (relating to safe, se-11
cure, and trustworthy development and use of artifi-12
cial intelligence). 13
(d) A
CCESS TOPROPRIETARYMODELS.—In carrying 14
out this section, the Director shall establish such mecha-15
nisms as the Director considers appropriate, including po-16
tential contractual incentives, to ensure the provision of 17
access to proprietary models by qualified independent 18
third-party researchers if commercial model vendors have 19
voluntarily provided models and associated resources for 20
such testing. 21
(e) C
OUNTER-ARTIFICIALINTELLIGENCE DE-22
FINED.—In this section, the term ‘‘counter-artificial intel-23
ligence’’ means techniques or procedures to extract infor-24
mation about the behavior or characteristics of an artifi-25
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cial intelligence system, or to learn how to manipulate an 1
artificial intelligence system, in order to subvert the con-2
fidentiality, integrity, or availability of an artificial intel-3
ligence system or adjacent system. 4
SEC. 506. SENSE OF CONGRESS ENCOURAGING INTEL-5
LIGENCE COMMUNITY TO INCREASE PRIVATE 6
SECTOR CAPITAL PARTNERSHIPS AND PART-7
NERSHIP WITH OFFICE OF STRATEGIC CAP-8
ITAL OF DEPARTMENT OF DEFENSE TO SE-9
CURE ENDURING TECHNOLOGICAL ADVAN-10
TAGES. 11
It is the sense of Congress that— 12
(1) acquisition leaders in the intelligence com-13
munity should further explore the strategic use of 14
private capital partnerships to secure enduring tech-15
nological advantages for the intelligence community, 16
including through the identification, development, 17
and transfer of promising technologies to full-scale 18
programs capable of meeting intelligence community 19
requirements; and 20
(2) the intelligence community should under-21
take regular consultation with Federal partners, 22
such as the Office of Strategic Capital of the Office 23
of the Secretary of Defense, on best practices and 24
lessons learned from their experiences integrating 25
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these resources so as to accelerate attainment of na-1
tional security objectives. 2
SEC. 507. INTELLIGENCE COMMUNITY TECHNOLOGY 3
BRIDGE FUND. 4
(a) D
EFINITIONS.—In this section: 5
(1) N
ONPROFIT ORGANIZATION .—The term 6
‘‘nonprofit organization’’ means an organization that 7
is described in section 501(c)(3) of the Internal Rev-8
enue Code of 1986 and that is exempt from tax 9
under section 501(a) of such Code. 10
(2) W
ORK PROGRAM.—The term ‘‘work pro-11
gram’’ means any agreement between In-Q-Tel and 12
a third-party company, where such third-party com-13
pany furnishes or is furnishing a product or service 14
for use by any of In-Q-Tel’s government customers 15
to address those customers’ technology needs or re-16
quirements. 17
(b) E
STABLISHMENT OF FUND.—There is estab-18
lished in the Treasury of the United States a fund to be 19
known as the ‘‘Intelligence Community Technology Bridge 20
Fund’’ (in this subsection referred to as the ‘‘Fund’’) to 21
assist in the transitioning of products or services from the 22
research and development phase to the contracting and 23
production phase. 24
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(c) CONTENTS OFFUND.—The Fund shall consist of 1
amounts appropriated to the Fund, and amounts in the 2
Fund shall remain available until expended. 3
(d) A
VAILABILITY ANDUSE OFFUND.— 4
(1) I
N GENERAL.—Subject to paragraph (3), 5
amounts in the Fund shall be available to the Direc-6
tor of National Intelligence to provide assistance to 7
a business or nonprofit organization that is 8
transitioning a product or service. 9
(2) T
YPES OF ASSISTANCE .—Assistance pro-10
vided under paragraph (1) may be distributed as 11
funds in the form of a grant, a payment for a prod-12
uct or service, or a payment for equity. 13
(3) R
EQUIREMENTS FOR FUNDS .—Assistance 14
may be provided under paragraph (1) to a business 15
or nonprofit organization that is transitioning a 16
product or service only if— 17
(A) the business or nonprofit organiza-18
tion— 19
(i) has participated or is participating 20
in a work program; or 21
(ii) is engaged with an element of the 22
intelligence community or Department of 23
Defense for research and development; and 24
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(B) the Director of National Intelligence or 1
the head of an element of the intelligence com-2
munity attests that the product or service will 3
be utilized by an element of the intelligence 4
community for a mission need, such as because 5
it would be valuable in addressing a needed ca-6
pability, fill or complement a technology gap, or 7
increase the supplier base or price-competitive-8
ness for the Federal Government. 9
(4) P
RIORITY FOR SMALL BUSINESS CONCERNS 10
AND NONTRADITIONAL DEFENSE CONTRACTORS .—In 11
providing assistance under paragraph (1), the Direc-12
tor shall prioritize the provision of assistance to 13
small business concerns (as defined under section 14
3(a) of the Small Business Act (15 U.S.C. 632(a))) 15
and nontraditional defense contractors (as defined in 16
section 3014 of title 10, United States Code). 17
(e) A
DMINISTRATION OFFUND.— 18
(1) I
N GENERAL.—The Fund shall be adminis-19
tered by the Director of National Intelligence. 20
(2) C
ONSULTATION.—In administering the 21
Fund, the Director— 22
(A) shall consult with the heads of the ele-23
ments of the intelligence community; and 24
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(B) may consult with In-Q-Tel, the De-1
fense Advanced Research Project Agency, the 2
North Atlantic Treaty Organization Investment 3
Fund, and the Defense Innovation Unit. 4
(f) A
NNUALREPORTS.— 5
(1) I
N GENERAL.—Not later than September 6
30, 2025, and each fiscal year thereafter, the Direc-7
tor shall submit to the congressional intelligence 8
committees a report on the Fund. 9
(2) C
ONTENTS.—Each report submitted pursu-10
ant to paragraph (1) shall include, for the period 11
covered by the report, information about the fol-12
lowing: 13
(A) How much was expended or obligated 14
using amounts from the Fund. 15
(B) For what the amounts were expended 16
or obligated. 17
(C) The effects of such expenditures and 18
obligations. 19
(D) A summary of annual transition activi-20
ties and outcomes of such activities for the in-21
telligence community. 22
(3) F
ORM.—Each report submitted pursuant to 23
paragraph (1) shall be submitted in unclassified 24
form, but may include a classified annex. 25
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(g) AUTHORIZATION OFAPPROPRIATIONS.— 1
(1) I
N GENERAL.—Subject to paragraph (2), 2
there is authorized to be appropriated to the Fund 3
$75,000,000 for fiscal year 2025 and for each fiscal 4
year thereafter. 5
(2) L
IMITATION.—The amount in the Fund 6
shall not exceed $75,000,000 at any time. 7
SEC. 508. ENHANCEMENT OF AUTHORITY FOR INTEL-8
LIGENCE COMMUNITY PUBLIC-PRIVATE TAL-9
ENT EXCHANGES. 10
(a) F
OCUSAREAS.—Subsection (a) of section 5306 11
of the Damon Paul Nelson and Matthew Young Pollard 12
Intelligence Authorization Act for Fiscal Years 2018, 13
2019, and 2020 (50 U.S.C. 3334) is amended— 14
(1) by striking ‘‘Not later than’’ and inserting 15
the following: 16
‘‘(1) I
N GENERAL.—Not later than’’; and 17
(2) by adding at the end the following: 18
‘‘(2) F
OCUS AREAS.—The Director shall ensure 19
that the policies, processes, and procedures devel-20
oped pursuant to paragraph (1) include a focus on 21
rotations described in such paragraph with private- 22
sector organizations in the following fields: 23
‘‘(A) Finance. 24
‘‘(B) Acquisition. 25
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‘‘(C) Biotechnology. 1
‘‘(D) Computing. 2
‘‘(E) Artificial intelligence. 3
‘‘(F) Business process innovation and en-4
trepreneurship. 5
‘‘(G) Cybersecurity. 6
‘‘(H) Materials and manufacturing. 7
‘‘(I) Any other technology or research field 8
the Director determines relevant to meet evolv-9
ing national security threats in technology sec-10
tors.’’. 11
(b) D
URATION OF TEMPORARY DETAILS.—Sub-12
section (e) of section 5306 of the Damon Paul Nelson and 13
Matthew Young Pollard Intelligence Authorization Act for 14
Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3334) is 15
amended— 16
(1) in paragraph (1), by striking ‘‘3 years’’ and 17
inserting ‘‘5 years’’; and 18
(2) in paragraph (2), by striking ‘‘3 years’’ and 19
inserting ‘‘5 years’’. 20
(c) T
REATMENT OFPRIVATE-SECTOREMPLOYEES.— 21
Subsection (g) of such section is amended— 22
(1) in paragraph (5), by striking ‘‘; and’’ and 23
inserting a semicolon; 24
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(2) in paragraph (6), by striking the period at 1
the end and inserting ‘‘; and’’; and 2
(3) by adding at the end the following: 3
‘‘(7) shall not be considered to have a conflict 4
of interest with an element of the intelligence com-5
munity solely because of being detailed to an ele-6
ment of the intelligence community under this sec-7
tion.’’. 8
(d) H
IRINGAUTHORITY.—Such section is amended— 9
(1) by redesignating subsection (j) as sub-10
section (k); and 11
(2) by inserting after subsection (i) the fol-12
lowing: 13
‘‘(j) H
IRINGAUTHORITY.— 14
‘‘(1) I
N GENERAL.—The Director may hire, 15
under section 213.3102(r) of title 5, Code of Federal 16
Regulations, or successor regulations, an individual 17
who is an employee of a private-sector organization 18
who is detailed to an element of the intelligence com-19
munity under this section. 20
‘‘(2) N
O PERSONNEL BILLET REQUIRED .—Hir-21
ing an individual under paragraph (1) shall not re-22
quire a personnel billet.’’. 23
(e) A
NNUALREPORTS.—Not later than 1 year after 24
the date of the enactment of this Act and annually there-25
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after for 2 more years, the Director of National Intel-1
ligence shall submit to the congressional intelligence com-2
mittees an annual report on— 3
(1) the implementation of the policies, proc-4
esses, and procedures developed pursuant to sub-5
section (a) of such section 5306 (50 U.S.C. 3334) 6
and the administration of such section; 7
(2) how the heads of the elements of the intel-8
ligence community are using or plan to use the au-9
thorities provided under such section; and 10
(3) recommendations for legislative or adminis-11
trative action to increase use of the authorities pro-12
vided under such section. 13
SEC. 509. ENHANCING INTELLIGENCE COMMUNITY ABILITY 14
TO ACQUIRE EMERGING TECHNOLOGY THAT 15
FULFILLS INTELLIGENCE COMMUNITY 16
NEEDS. 17
(a) D
EFINITION OFWORKPROGRAM.—The term 18
‘‘work program’’ means any agreement between In-Q-Tel 19
and a third-party company, where such third-party com-20
pany furnishes or is furnishing a property, product, or 21
service for use by any of In-Q-Tel’s government customers 22
to address those customers’ technology needs or require-23
ments. 24
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(b) INGENERAL.—In addition to the exceptions list-1
ed under section 3304(a) of title 41, United States Code, 2
and under section 3204(a) of title 10, United States Code, 3
for the use of competitive procedures, the Director of Na-4
tional Intelligence or the head of an element of the intel-5
ligence community may use procedures other than com-6
petitive procedures to acquire a property, product, or serv-7
ice if— 8
(1) the source of the property, product, or serv-9
ice is a company that completed a work program in 10
which the company furnished the property, product, 11
or service; and 12
(2) the Director of National Intelligence or the 13
head of an element of the intelligence community 14
certifies that such property, product, or service has 15
been shown to meet an identified need of the intel-16
ligence community. 17
(c) J
USTIFICATION FOR USE OFPROCEDURES 18
O
THERTHANCOMPETITIVEPROCEDURES.— 19
(1) I
N GENERAL.—A property, product, or serv-20
ice may not be acquired by the Director or the head 21
of an element of the intelligence community under 22
subsection (b) using procedures other than competi-23
tive procedures unless the acquiring officer for the 24
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acquisition justifies the use of such procedures in 1
writing. 2
(2) C
ONTENTS.—A justification in writing de-3
scribed in paragraph (1) for an acquisition using 4
procedures other than competitive procedures shall 5
include the following: 6
(A) A description of the need of the ele-7
ment of the intelligence community that the 8
property, product, or service satisfies. 9
(B) A certification that the anticipated 10
costs will be fair and reasonable. 11
(C) A description of the market survey 12
conducted or a statement of the reasons a mar-13
ket survey was not conducted. 14
(D) Such other matters as the Director or 15
the head, as the case may be, determines appro-16
priate. 17
SEC. 510. MANAGEMENT OF ARTIFICIAL INTELLIGENCE SE-18
CURITY RISKS. 19
(a) D
EFINITIONS.—In this section: 20
(1) A
RTIFICIAL INTELLIGENCE SAFETY INCI -21
DENT.—The term ‘‘artificial intelligence safety inci-22
dent’’ means an event that increases the risk that 23
operation of an artificial intelligence system will— 24
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(A) result in physical or psychological 1
harm; or 2
(B) lead to a state in which human life, 3
health, property, or the environment is endan-4
gered. 5
(2) A
RTIFICIAL INTELLIGENCE SECURITY INCI -6
DENT.—The term ‘‘artificial intelligence security in-7
cident’’ means an event that increases— 8
(A) the risk that operation of an artificial 9
intelligence system occurs in a way that enables 10
the extraction of information about the behavior 11
or characteristics of an artificial intelligence 12
system by a third party; or 13
(B) the ability of a third party to manipu-14
late an artificial intelligence system to subvert 15
the confidentiality, integrity, or availability of 16
an artificial intelligence system or adjacent sys-17
tem. 18
(3) A
RTIFICIAL INTELLIGENCE SECURITY VUL -19
NERABILITY.—The term ‘‘artificial intelligence secu-20
rity vulnerability’’ means a weakness in an artificial 21
intelligence system that could be exploited by a third 22
party to, without authorization, subvert the con-23
fidentiality, integrity, or availability of an artificial 24
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intelligence system, including through techniques 1
such as— 2
(A) data poisoning; 3
(B) evasion attacks; 4
(C) privacy-based attacks; and 5
(D) abuse attacks. 6
(4) C
OUNTER-ARTIFICIAL INTELLIGENCE.—The 7
term ‘‘counter-artificial intelligence’’ means tech-8
niques or procedures to extract information about 9
the behavior or characteristics of an artificial intel-10
ligence system, or to learn how to manipulate an ar-11
tificial intelligence system, so as to subvert the con-12
fidentiality, integrity, or availability of an artificial 13
intelligence system or adjacent system. 14
(b) V
OLUNTARYTRACKING ANDPROCESSING OFSE-15
CURITY ANDSAFETYINCIDENTS ANDRISKSASSOCIATED 16
W
ITHARTIFICIALINTELLIGENCE.— 17
(1) P
ROCESSES AND PROCEDURES FOR VUL -18
NERABILITY MANAGEMENT .—Not later than 180 19
days after the date of the enactment of this Act, the 20
Director of the National Institute of Standards and 21
Technology shall— 22
(A) initiate a process to update processes 23
and procedures associated with the National 24
Vulnerability Database of the Institute to en-25
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sure that the database and associated vulner-1
ability management processes incorporate artifi-2
cial intelligence security vulnerabilities to the 3
greatest extent practicable; and 4
(B) identify any characteristics of artificial 5
intelligence security vulnerabilities that make 6
utilization of the National Vulnerability Data-7
base inappropriate for their management and 8
develop processes and procedures for vulner-9
ability management of those vulnerabilities. 10
(2) V
OLUNTARY TRACKING OF ARTIFICIAL IN -11
TELLIGENCE SECURITY AND ARTIFICIAL INTEL -12
LIGENCE SAFETY INCIDENTS .— 13
(A) V
OLUNTARY DATABASE REQUIRED .— 14
Not later than 1 year after the date of the en-15
actment of this Act, the Director of the Insti-16
tute, in coordination with the Director of the 17
Cybersecurity and Infrastructure Security 18
Agency, shall— 19
(i) develop and establish a comprehen-20
sive database to publicly track artificial in-21
telligence security and artificial intelligence 22
safety incidents through voluntary input; 23
and 24
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(ii) in establishing the database under 1
clause (i)— 2
(I) establish mechanisms by 3
which private sector entities, public 4
sector organizations, civil society 5
groups, and academic researchers may 6
voluntarily share information with the 7
Institute on confirmed or suspected 8
artificial intelligence security or artifi-9
cial intelligence safety incidents, in a 10
manner that preserves the confiden-11
tiality of any affected party; 12
(II) leverage, to the greatest ex-13
tent possible, standardized disclosure 14
and incident description formats; 15
(III) develop processes to asso-16
ciate reports pertaining to the same 17
incident with a single incident identi-18
fier; 19
(IV) establish classification, in-20
formation retrieval, and reporting 21
mechanisms that sufficiently differen-22
tiate between artificial intelligence se-23
curity incidents and artificial intel-24
ligence safety incidents; and 25
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(V) create appropriate 1
taxonomies to classify incidents based 2
on relevant characteristics, impact, or 3
other relevant criteria. 4
(B) I
DENTIFICATION AND TREATMENT OF 5
MATERIAL ARTIFICIAL INTELLIGENCE SECURITY 6
OR ARTIFICIAL INTELLIGENCE SAFETY RISKS .— 7
(i) I
N GENERAL.—Upon receipt of rel-8
evant information on an artificial intel-9
ligence security or artificial intelligence 10
safety incident, the Director of the Insti-11
tute shall determine whether the described 12
incident presents a material artificial intel-13
ligence security or artificial intelligence 14
safety risk sufficient for inclusion in the 15
database developed and established under 16
subparagraph (A). 17
(ii) P
RIORITIES.—In evaluating a re-18
ported incident pursuant to subparagraph 19
(A), the Director shall prioritize inclusion 20
in the database cases in which a described 21
incident— 22
(I) describes an artificial intel-23
ligence system used in critical infra-24
structure or safety-critical systems; 25
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(II) would result in a high-sever-1
ity or catastrophic impact to the peo-2
ple or economy of the United States; 3
or 4
(III) includes an artificial intel-5
ligence system widely used in commer-6
cial or public sector contexts. 7
(C) R
EPORTS AND ANONYMITY .—The Di-8
rector shall populate the database developed 9
and established under subparagraph (A) with 10
incidents based on public reports and informa-11
tion shared using the mechanism established 12
pursuant to clause (ii)(I) of such subparagraph, 13
ensuring that any incident description suffi-14
ciently anonymizes those affected, unless those 15
who are affected have consented to their names 16
being included in the database. 17
(c) U
PDATINGPROCESSES AND PROCEDURESRE-18
LATING TOCOMMONVULNERABILITIES AND EXPOSURES 19
P
ROGRAM ANDEVALUATION OFCONSENSUSSTANDARDS 20
R
ELATING TOARTIFICIALINTELLIGENCESECURITYVUL-21
NERABILITYREPORTING.— 22
(1) D
EFINITIONS.—In this subsection: 23
(A) C
OMMON VULNERABILITIES AND EX -24
POSURES PROGRAM .—The term ‘‘Common 25
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Vulnerabilities and Exposures Program’’ means 1
the reference guide and classification system for 2
publicly known information security 3
vulnerabilities sponsored by the Cybersecurity 4
and Infrastructure Security Agency. 5
(B) D
IRECTOR.—The term ‘‘Director’’ 6
means the Director of the Cybersecurity and 7
Infrastructure Security Agency. 8
(C) R
ELEVANT CONGRESSIONAL COMMIT -9
TEES.—The term ‘‘relevant congressional com-10
mittees’’ means— 11
(i) the Committee on Homeland Secu-12
rity and Governmental Affairs of the Sen-13
ate; 14
(ii) the Committee on Commerce, 15
Science, and Transportation of the Senate; 16
(iii) the Select Committee on Intel-17
ligence of the Senate; 18
(iv) the Committee on the Judiciary of 19
the Senate; 20
(v) the Committee on Oversight and 21
Accountability of the House of Representa-22
tives; 23
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(vi) the Committee on Energy and 1
Commerce of the House of Representa-2
tives; 3
(vii) the Permanent Select Committee 4
on Intelligence of the House of Represent-5
atives; and 6
(viii) the Committee on the Judiciary 7
of the House of Representatives. 8
(2) I
N GENERAL.—Not later than 180 days 9
after the date of enactment of this Act, the Director 10
shall— 11
(A) initiate a process to update processes 12
and procedures associated with the Common 13
Vulnerabilities and Exposures Program to en-14
sure that the program and associated processes 15
identify and enumerate artificial intelligence se-16
curity vulnerabilities to the greatest extent 17
practicable; and 18
(B) identify any characteristic of artificial 19
intelligence security vulnerabilities that makes 20
utilization of the Common Vulnerabilities and 21
Exposures Program inappropriate for their 22
management and develop processes and proce-23
dures for vulnerability identification and enu-24
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meration of those artificial intelligence security 1
vulnerabilities. 2
(3) E
VALUATION OF CONSENSUS STANDARDS .— 3
(A) I
N GENERAL.—Not later than 30 days 4
after the date of enactment of this Act, the Di-5
rector of the National Institute of Standards 6
and Technology shall initiate a multi-stake-7
holder process to evaluate whether existing vol-8
untary consensus standards for vulnerability re-9
porting effectively accommodate artificial intel-10
ligence security vulnerabilities. 11
(B) R
EPORT.— 12
(i) S
UBMISSION.—Not later than 180 13
days after the date on which the evaluation 14
under subparagraph (A) is carried out, the 15
Director shall submit a report to the rel-16
evant congressional committees on the suf-17
ficiency of existing vulnerability reporting 18
processes and standards to accommodate 19
artificial intelligence security 20
vulnerabilities. 21
(ii) P
OST-REPORT ACTION.—If the Di-22
rector concludes in the report submitted 23
under clause (i) that existing processes do 24
not sufficiently accommodate reporting of 25
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artificial intelligence security 1
vulnerabilities, the Director shall initiate a 2
process, in consultation with the Director 3
of the National Institute of Standards and 4
Technology and the Director of the Office 5
of Management and Budget, to update rel-6
evant vulnerability reporting processes, in-7
cluding the Department of Homeland Se-8
curity Binding Operational Directive 20– 9
01, or any subsequent directive. 10
(4) B
EST PRACTICES.—Not later than 90 days 11
after the date of enactment of this Act, the Director 12
shall, in collaboration with the Director of the Na-13
tional Security Agency and the Director of the Na-14
tional Institute of Standards and Technology and 15
leveraging efforts of the Information Communica-16
tions Technology Supply Chain Risk Management 17
Task Force to the greatest extent practicable, con-18
vene a multi-stakeholder process to encourage the 19
development and adoption of best practices relating 20
to addressing supply chain risks associated with 21
training and maintaining artificial intelligence mod-22
els, which shall ensure consideration of supply chain 23
risks associated with— 24
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(A) data collection, cleaning, and labeling, 1
particularly the supply chain risks of reliance 2
on remote workforce and foreign labor for such 3
tasks; 4
(B) inadequate documentation of training 5
data and test data storage, as well as limited 6
provenance of training data; 7
(C) human feedback systems used to refine 8
artificial intelligence systems, particularly the 9
supply chain risks of reliance on remote work-10
force and foreign labor for such tasks; 11
(D) the use of large-scale, open-source 12
datasets, particularly the supply chain risks to 13
repositories that host such datasets for use by 14
public and private sector developers in the 15
United States; and 16
(E) the use of proprietary datasets con-17
taining sensitive or personally identifiable infor-18
mation. 19
SEC. 511. PROTECTION OF TECHNOLOGICAL MEASURES DE-20
SIGNED TO VERIFY AUTHENTICITY OR PROV-21
ENANCE OF MACHINE-MANIPULATED MEDIA. 22
(a) D
EFINITIONS.—In this section: 23
(1) M
ACHINE-MANIPULATED MEDIA .—The term 24
‘‘machine-manipulated media’’ has the meaning 25
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given such term in section 5724 of the Damon Paul 1
Nelson and Matthew Young Pollard Intelligence Au-2
thorization Act for Fiscal Years 2018, 2019, and 3
2020 (Public Law 116–92; 50 U.S.C. 3024 note). 4
(2) S
TATE.—The term ‘‘State’’ means each of 5
the several States of the United States, the District 6
of Columbia, the Commonwealth of Puerto Rico, the 7
Virgin Islands, Guam, American Samoa, and the 8
Commonwealth of the Northern Mariana Islands. 9
(b) P
ROHIBITIONS.— 10
(1) P
ROHIBITION ON CONCEALING SUBVER -11
SION.—No person shall knowingly and with the in-12
tent or substantial likelihood of deceiving a third 13
party, enable, facilitate, or conceal the subversion of 14
a technological measure designed to verify the au-15
thenticity, modifications, or conveyance of machine- 16
manipulated media, or characteristics of the prove-17
nance of the machine-manipulated media, by gener-18
ating information about the authenticity of a piece 19
of content that is knowingly false. 20
(2) P
ROHIBITION ON FRAUDULENT DISTRIBU -21
TION.—No person shall knowingly and for financial 22
benefit, enable, facilitate, or conceal the subversion 23
of a technological measure described in paragraph 24
(1) by distributing machine-manipulated media with 25
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knowingly false information about the authenticity 1
of a piece of machine-manipulated media. 2
(3) P
ROHIBITION ON PRODUCTS AND SERVICES 3
FOR CIRCUMVENTION .—No person shall deliberately 4
manufacture, import, or offer to the public a tech-5
nology, product, service, device, component, or part 6
thereof that— 7
(A) is primarily designed or produced and 8
promoted for the purpose of circumventing, re-9
moving, or otherwise disabling a technological 10
measure described in paragraph (1) with the in-11
tent or substantial likelihood of deceiving a 12
third party about the authenticity of a piece of 13
machine-manipulated media; 14
(B) has only limited commercially signifi-15
cant or expressive purpose or use other than to 16
circumvent, remove, or otherwise disable a tech-17
nological measure designed to verify the authen-18
ticity of machine-manipulated media and is pro-19
moted for such purposes; or 20
(C) is marketed by that person or another 21
acting in concert with that person with that 22
person’s knowledge for use in circumventing, re-23
moving, or otherwise disabling a technological 24
measure described in paragraph (1) with an in-25
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tent to deceive a third party about the authen-1
ticity of a piece of machine-manipulated media. 2
(c) E
XEMPTIONS.— 3
(1) I
N GENERAL.—Nothing in subsection (b) 4
shall inhibit the ability of any individual to access, 5
read, or review a technological measure described in 6
paragraph (1) of such subsection or to access, read, 7
or review the provenance, modification, or convey-8
ance information contained therein. 9
(2) E
XEMPTION FOR NONPROFIT LIBRARIES , 10
ARCHIVES, AND EDUCATIONAL INSTITUTIONS .— 11
(A) I
N GENERAL.—Except as otherwise 12
provided in this subsection, subsection (b) shall 13
not apply to a nonprofit library, archives, or 14
educational institution which generates, distrib-15
utes, or otherwise handles machine-manipulated 16
media. 17
(B) C
OMMERCIAL ADVANTAGE , FINANCIAL 18
GAIN, OR TORTIOUS CONDUCT .—The exception 19
in subparagraph (A) shall not apply to a non-20
profit library, archive, or educational institution 21
that willfully for the purpose of commercial ad-22
vantage, financial gain, or in furtherance of 23
tortious conduct violates a provision of sub-24
section (b), except that a nonprofit library, ar-25
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chive, or educational institution that willfully 1
for the purpose of commercial advantage, finan-2
cial gain, or in furtherance of tortious conduct 3
violates a provision of subsection (b) shall— 4
(i) for the first offense, be subject to 5
the civil remedies under subsection (d); 6
and 7
(ii) for repeated or subsequent of-8
fenses, in addition to the civil remedies 9
under subsection (d), forfeit the exemption 10
provided under subparagraph (A). 11
(C) C
IRCUMVENTING TECHNOLOGIES .— 12
This paragraph may not be used as a defense 13
to a claim under paragraph (3) of subsection 14
(b), nor may this subsection permit a nonprofit 15
library, archive, or educational institution to 16
manufacture, import, offer to the public, pro-17
vide, or otherwise traffic in any technology, 18
product, service, component, or part thereof, 19
that circumvents a technological measure de-20
scribed in paragraph (1) of such subsection. 21
(D) Q
UALIFICATIONS OF LIBRARIES AND 22
ARCHIVES.—In order for a library or archive to 23
qualify for the exemption under subparagraph 24
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(A), the collections of that library or archive 1
shall be— 2
(i) open to the public; or 3
(ii) available not only to researchers 4
affiliated with the library or archive or 5
with the institution of which it is a part, 6
but also to other persons doing research in 7
a specialized field. 8
(3) R
EVERSE ENGINEERING .— 9
(A) D
EFINITIONS.—In this paragraph: 10
(i) C
IRCUMVENTION.—The term ‘‘cir-11
cumvention’’ means to remove, deactivate, 12
disable, or impair a technological measure 13
designed to verify the authenticity of ma-14
chine-manipulated media or characteristics 15
of its provenance, modifications, or convey-16
ance. 17
(ii) I
NTEROPERABILITY.—The term 18
‘‘interoperability’’ means the ability of— 19
(I) computer programs to ex-20
change information; and 21
(II) such programs mutually to 22
use the information which has been 23
exchanged. 24
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(B) IN GENERAL.—An authorized user of 1
a technological measure described in subsection 2
(b)(1) may circumvent such technological meas-3
ure for the sole purpose of identifying and ana-4
lyzing those elements of the technological meas-5
ure that are necessary to achieve interoper-6
ability with that authorized user’s own techno-7
logical measures intended for similar purposes 8
of verifying the authenticity of machine-manip-9
ulated media or characteristics of its prove-10
nance, modifications, or conveyance. 11
(C) L
AW ENFORCEMENT , INTELLIGENCE, 12
AND OTHER GOVERNMENT ACTIVITIES .—Sub-13
section (b) does not prohibit any lawfully au-14
thorized investigative, protective, information 15
security, or intelligence activity of an officer, 16
agent, or employee of the United States, a 17
State, or a political subdivision of a State, or a 18
person acting pursuant to a contract with the 19
United States, a State, or a political subdivision 20
of a State. 21
(d) E
NFORCEMENT BY ATTORNEYGENERAL.— 22
(1) C
IVIL ACTIONS.—The Attorney General 23
may bring a civil action in an appropriate United 24
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States district court against any person who violates 1
subsection (b). 2
(2) P
OWERS OF THE COURT .—In an action 3
brought under paragraph (1), the court— 4
(A) may grant temporary and permanent 5
injunctions on such terms as it deems reason-6
able to prevent or restrain a violation, but in no 7
event shall impose a prior restraint on free 8
speech or the press protected under the First 9
Amendment to the Constitution of the United 10
States; 11
(B) at any time while an action is pending, 12
may order the impounding, on such terms as it 13
deems reasonable, of any device or product that 14
is in the custody or control of the alleged viola-15
tor and that the court has reasonable cause to 16
believe was involved in a violation; 17
(C) may award damages under paragraph 18
(3); 19
(D) in its discretion may allow the recovery 20
of costs against any party other than the 21
United States or an officer thereof; and 22
(E) may, as part of a final judgment or 23
decree finding a violation, order the remedial 24
modification or the destruction of any device or 25
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product involved in the violation that is in the 1
custody or control of the violator or has been 2
impounded under subparagraph (B). 3
(3) A
WARD OF DAMAGES .— 4
(A) I
N GENERAL.—Except as otherwise 5
provided in this section, a person committing a 6
violation of subsection (b) is liable for statutory 7
damages as provided in subparagraph (C). 8
(B) S
TATUTORY DAMAGES .— 9
(i) E
LECTION OF AMOUNT BASED ON 10
NUMBER OF ACTS OF CIRCUMVENTION .— 11
At any time before final judgment is en-12
tered, the Attorney General may elect to 13
recover an award of statutory damages for 14
each violation of subsection (b) in the sum 15
of not less than $200 or more than $2,500 16
per act of circumvention, device, product, 17
component, offer, or performance of serv-18
ice, as the court considers just. 19
(ii) E
LECTION OF AMOUNT ; TOTAL 20
AMOUNT.—At any time before final judg-21
ment is entered, the Attorney General may 22
elect to recover an award of statutory dam-23
ages for each violation of subsection (b) in 24
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the sum of not less than $2,500 or more 1
than $25,000. 2
(C) R
EPEATED VIOLATIONS .—In any case 3
in which the Attorney General sustains the bur-4
den of proving, and the court finds, that a per-5
son has violated subsection (b) within 3 years 6
after a final judgment was entered against the 7
person for another such violation, the court 8
may increase the award of damages up to triple 9
the amount that would otherwise be awarded, 10
as the court considers just. 11
(D) I
NNOCENT VIOLATIONS.— 12
(i) I
N GENERAL.—The court in its 13
discretion may reduce or remit the total 14
award of damages in any case in which the 15
violator sustains the burden of proving, 16
and the court finds, that the violator was 17
not aware and had no reason to believe 18
that its acts constituted a violation. 19
(ii) N
ONPROFIT LIBRARY , ARCHIVE, 20
EDUCATIONAL INSTITUTIONS , OR PUBLIC 21
BROADCASTING ENTITIES .—In the case of 22
a nonprofit library, archive, educational in-23
stitution, or public broadcasting entity, the 24
court shall remit damages in any case in 25
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which the library, archive, educational in-1
stitution, or public broadcasting entity sus-2
tains the burden of proving, and the court 3
finds, that the library, archive, educational 4
institution, or public broadcasting entity 5
was not aware and had no reason to be-6
lieve that its acts constituted a violation. 7
SEC. 512. SENSE OF CONGRESS ON HOSTILE FOREIGN 8
CYBER ACTORS. 9
It is the sense of Congress that foreign ransomware 10
organizations, and foreign affiliates associated with them, 11
constitute hostile foreign cyber actors, that covered na-12
tions abet and benefit from the activities of these actors, 13
and that such actors should be treated as hostile foreign 14
cyber actors by the United States. Such actors include the 15
following: 16
(1) DarkSide. 17
(2) Conti. 18
(3) REvil. 19
(4) BlackCat, also known as ‘‘ALPHV’’. 20
(5) LockBit. 21
(6) Rhysida, also known as ‘‘Vice Society’’. 22
(7) Royal. 23
(8) Phobos, also known as ‘‘Eight’’ and also 24
known as ‘‘Joanta’’. 25
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(9) C10p. 1
(10) Hackers associated with the SamSam 2
ransomware campaigns. 3
(11) Play. 4
(12) BianLian. 5
(13) Killnet. 6
(14) Akira. 7
(15) Ragnar Locker, also known as ‘‘Dark An-8
gels’’. 9
(16) Blacksuit. 10
(17) INC. 11
(18) Black Basta. 12
SEC. 513. DESIGNATION OF STATE SPONSORS OF 13
RANSOMWARE AND REPORTING REQUIRE-14
MENTS. 15
(a) D
ESIGNATION OF STATESPONSORS OF 16
R
ANSOMWARE.— 17
(1) I
N GENERAL.—Not later than 180 days 18
after the date of the enactment of this Act, and an-19
nually thereafter, the Secretary of State, in consulta-20
tion with the Director of National Intelligence, 21
shall— 22
(A) designate as a state sponsor of 23
ransomware any country the government of 24
which the Secretary has determined has pro-25
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vided support for ransomware demand schemes 1
(including by providing safe haven for individ-2
uals engaged in such schemes); 3
(B) submit to Congress a report listing the 4
countries designated under subparagraph (A); 5
and 6
(C) in making designations under subpara-7
graph (A), take into consideration the report 8
submitted to Congress under section 514(c)(1). 9
(2) S
ANCTIONS AND PENALTIES .—The Presi-10
dent shall impose with respect to each state sponsor 11
of ransomware designated under paragraph (1)(A) 12
the sanctions and penalties imposed with respect to 13
a state sponsor of terrorism. 14
(3) S
TATE SPONSOR OF TERRORISM DE -15
FINED.—In this subsection, the term ‘‘state sponsor 16
of terrorism’’ means a country the government of 17
which the Secretary of State has determined has re-18
peatedly provided support for acts of international 19
terrorism, for purposes of— 20
(A) section 1754(c)(1)(A)(i) of the Export 21
Control Reform Act of 2018 (50 U.S.C. 22
4813(c)(1)(A)(i)); 23
(B) section 620A of the Foreign Assistance 24
Act of 1961 (22 U.S.C. 2371); 25
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(C) section 40(d) of the Arms Export Con-1
trol Act (22 U.S.C. 2780(d)); or 2
(D) any other provision of law. 3
(b) R
EPORTINGREQUIREMENTS.— 4
(1) S
ANCTIONS RELATING TO RANSOMWARE RE -5
PORT.—Not later than 180 days after the date of 6
the enactment of this Act, the Secretary of the 7
Treasury shall submit a report to Congress that de-8
scribes, for each of the 5 fiscal years immediately 9
preceding the date of such report, the number and 10
geographic locations of individuals, groups, and enti-11
ties subject to sanctions imposed by the Office of 12
Foreign Assets Control who were subsequently deter-13
mined to have been involved in a ransomware de-14
mand scheme. 15
(2) C
OUNTRY OF ORIGIN REPORT .—The Sec-16
retary of State, in consultation with the Director of 17
National Intelligence and the Director of the Federal 18
Bureau of Investigation, shall— 19
(A) submit a report, with a classified 20
annex, to the Committee on Foreign Relations 21
of the Senate, the Select Committee on Intel-22
ligence of the Senate, the Committee on For-23
eign Affairs of the House of Representatives, 24
and the Permanent Select Committee on Intel-25
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ligence of the House of Representatives that 1
identifies the country of origin of foreign-based 2
ransomware attacks; and 3
(B) make the report described in subpara-4
graph (A) (excluding the classified annex) avail-5
able to the public. 6
(3) I
NVESTIGATIVE AUTHORITIES REPORT .— 7
Not later than 180 days after the date of the enact-8
ment of this Act, the Comptroller General of the 9
United States shall issue a report that outlines the 10
authorities available to the Federal Bureau of Inves-11
tigation, the United States Secret Service, the Cy-12
bersecurity and Infrastructure Security Agency, 13
Homeland Security Investigations, and the Office of 14
Foreign Assets Control to respond to foreign-based 15
ransomware attacks. 16
SEC. 514. DEEMING RANSOMWARE THREATS TO CRITICAL 17
INFRASTRUCTURE A NATIONAL INTEL-18
LIGENCE PRIORITY. 19
(a) C
RITICALINFRASTRUCTURE DEFINED.—In this 20
section, the term ‘‘critical infrastructure’’ has the meaning 21
given such term in subsection (e) of the Critical Infra-22
structures Protection Act of 2001 (42 U.S.C. 5195c(e)). 23
(b) R
ANSOMWARE THREATS TO CRITICALINFRA-24
STRUCTURE AS NATIONALINTELLIGENCE PRIORITY.— 25
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The Director of National Intelligence, pursuant to the pro-1
visions of the National Security Act of 1947 (50 U.S.C. 2
3001 et seq.), the Intelligence Reform and Terrorism Pre-3
vention Act of 2004 (Public Law 108–458), section 4
1.3(b)(17) of Executive Order 12333 (50 U.S.C. 3001 5
note; relating to United States intelligence activities), as 6
in effect on the day before the date of the enactment of 7
this Act, and National Security Presidential Directive–26 8
(February 24, 2003; relating to intelligence priorities), as 9
in effect on the day before the date of the enactment of 10
this Act, shall deem ransomware threats to critical infra-11
structure a national intelligence priority component to the 12
National Intelligence Priorities Framework. 13
(c) R
EPORT.— 14
(1) I
N GENERAL.—Not later than 180 days 15
after the date of the enactment of this Act, the Di-16
rector of National Intelligence shall, in consultation 17
with the Director of the Federal Bureau of Inves-18
tigation, submit to the Select Committee on Intel-19
ligence of the Senate and the Permanent Select 20
Committee on Intelligence of the House of Rep-21
resentatives a report on the implications of the 22
ransomware threat to United States national secu-23
rity. 24
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(2) CONTENTS.—The report submitted under 1
paragraph (1) shall address the following: 2
(A) Identification of individuals, groups, 3
and entities who pose the most significant 4
threat, including attribution to individual 5
ransomware attacks whenever possible. 6
(B) Locations from which individuals, 7
groups, and entities conduct ransomware at-8
tacks. 9
(C) The infrastructure, tactics, and tech-10
niques ransomware actors commonly use. 11
(D) Any relationships between the individ-12
uals, groups, and entities that conduct 13
ransomware attacks and their governments or 14
countries of origin that could impede the ability 15
to counter ransomware threats. 16
(E) Intelligence gaps that have impeded, or 17
currently are impeding, the ability to counter 18
ransomware threats. 19
(3) F
ORM.—The report submitted under para-20
graph (1) shall be submitted in unclassified form, 21
but may include a classified annex. 22
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TITLE VI—CLASSIFICATION 1
REFORM 2
SEC. 601. GOVERNANCE OF CLASSIFICATION AND DECLAS-3
SIFICATION SYSTEM. 4
(a) D
EFINITIONS.—In this section: 5
(1) C
ONTROLLED UNCLASSIFIED INFORMA -6
TION.—The term ‘‘controlled unclassified informa-7
tion’’ means information described as ‘‘Controlled 8
Unclassified Information’’ or ‘‘CUI’’ in Executive 9
Order 13556 (75 Fed. Reg. 68675; relating to con-10
trolled unclassified information), or any successor 11
order. 12
(2) E
XECUTIVE AGENT.—The term ‘‘Executive 13
Agent’’ means the Executive Agent for Classification 14
and Declassification designated under subsection 15
(b)(1)(A). 16
(3) E
XECUTIVE COMMITTEE .—The term ‘‘Exec-17
utive Committee’’ means the Executive Committee 18
on Classification and Declassification Programs and 19
Technology established under subsection (b)(1)(C). 20
(b) E
STABLISHMENT OF CLASSIFICATION AND DE-21
CLASSIFICATIONGOVERNANCE.— 22
(1) I
N GENERAL.—Not later than 180 days 23
after the date of the enactment of this Act, the 24
President shall— 25
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(A) designate a Federal official as Execu-1
tive Agent for Classification and Declassifica-2
tion to identify and promote technological solu-3
tions to support efficient and effective systems 4
for classification and declassification to be im-5
plemented on an interoperable and federated 6
basis across the Federal Government; 7
(B) designate a Federal official— 8
(i) to establish policies and guidance 9
relating to classification and declassifica-10
tion and controlled unclassified information 11
across the Federal Government; 12
(ii) to conduct oversight of the imple-13
mentation of such policies and guidance; 14
and 15
(iii) who may, at the discretion of the 16
President, also serve as Executive Agent; 17
and 18
(C) establish an Executive Committee on 19
Classification and Declassification Programs 20
and Technology to provide direction, advice, 21
and guidance to the Executive Agent. 22
(2) E
XECUTIVE COMMITTEE .— 23
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(A) COMPOSITION.—The Executive Com-1
mittee shall be composed of the following or 2
their designees: 3
(i) The Director of National Intel-4
ligence. 5
(ii) The Under Secretary of Defense 6
for Intelligence and Security. 7
(iii) The Secretary of Energy. 8
(iv) The Secretary of State. 9
(v) The Director of the Office of Man-10
agement and Budget. 11
(vi) The Archivist of the United 12
States. 13
(vii) The Federal official designated 14
under subsection (b)(1)(B) if such official 15
is not also the Executive Agent. 16
(viii) Such other members as the Ex-17
ecutive Agent considers appropriate. 18
(B) C
HAIRPERSON.—The Executive Agent 19
shall be the chairperson of the Executive Com-20
mittee. 21
(c) R
EPORT TOCONGRESS.— 22
(1) I
N GENERAL.—Not later than 180 days 23
after the date of the enactment of this Act, the 24
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President shall submit to Congress a report on the 1
administration of this section. 2
(2) C
ONTENTS.—The report submitted pursu-3
ant to paragraph (1) shall include the following: 4
(A) Funding, personnel, expertise, and re-5
sources required for the Executive Agent and a 6
description of how such funding, personnel, ex-7
pertise, and resources will be provided. 8
(B) Authorities needed by the Executive 9
Agent, a description of how such authorities 10
will be granted, and a description of any addi-11
tional statutory authorities required. 12
(C) Funding, personnel, expertise, and re-13
sources required by the Federal official des-14
ignated under subsection (b)(1)(B) and a de-15
scription of how such funding, personnel, exper-16
tise, and resources will be provided. 17
(D) Authorities needed by the Federal offi-18
cial designated under subsection (b)(1)(B), a 19
description of how such authorities will be pro-20
vided, and a description of any additional statu-21
tory authorities required. 22
(E) Funding and resources required by the 23
Public Interest Declassification Board. 24
(d) P
UBLICREPORTING.— 25
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(1) IN GENERAL.—The report required by sub-1
section (c) shall be made available to the public to 2
the greatest extent possible consistent with the pro-3
tection of sources and methods. 4
(2) P
UBLICATION IN FEDERAL REGISTER .—The 5
President shall publish in the Federal Register the 6
roles and responsibilities of the Federal officials des-7
ignated under subsection (b), the Executive Com-8
mittee, and any subordinate individuals or entities. 9
SEC. 602. CLASSIFICATION AND DECLASSIFICATION OF IN-10
FORMATION. 11
(a) I
NGENERAL.—Title VIII of the National Secu-12
rity Act of 1947 (50 U.S.C. 3161 et seq.) is amended by 13
inserting after section 801 the following: 14
‘‘SEC. 801A. CLASSIFICATION AND DECLASSIFICATION OF 15
INFORMATION. 16
‘‘(a) I
NGENERAL.—The President may, in accord-17
ance with this section, protect from unauthorized disclo-18
sure any information owned by, produced by or for, or 19
under the control of the executive branch of the Federal 20
Government when there is a demonstrable need to do so 21
to protect the national security of the United States. 22
‘‘(b) E
STABLISHMENT OF STANDARDS, CATEGORIES, 23
ANDPROCEDURES FOR CLASSIFICATION AND DECLAS-24
SIFICATION.— 25
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‘‘(1) GOVERNMENTWIDE PROCEDURES .— 1
‘‘(A) C
LASSIFICATION.—The President 2
shall, to the extent necessary, establish cat-3
egories of information that may be classified 4
and procedures for classifying information 5
under subsection (a). 6
‘‘(B) D
ECLASSIFICATION.—At the same 7
time the President establishes categories and 8
procedures under subparagraph (A), the Presi-9
dent shall establish procedures for declassifying 10
information that was previously classified. 11
‘‘(C) M
INIMUM REQUIREMENTS .—The pro-12
cedures established pursuant to subparagraphs 13
(A) and (B) shall— 14
‘‘(i) be the exclusive means for 15
classifying information on or after the ef-16
fective date established by subsection (c), 17
except with respect to information classi-18
fied pursuant to the Atomic Energy Act of 19
1954 (42 U.S.C. 2011 et seq.); 20
‘‘(ii) ensure that no information is 21
classified unless there is a demonstrable 22
need to do so to protect the national secu-23
rity and there is a reasonable basis to be-24
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lieve that means other than classification 1
will not provide sufficient protection; 2
‘‘(iii) ensure that no information may 3
remain classified indefinitely; 4
‘‘(iv) ensure that no information shall 5
be classified, continue to be maintained as 6
classified, or fail to be declassified in 7
order— 8
‘‘(I) to conceal violations of law, 9
inefficiency, or administrative error; 10
‘‘(II) to prevent embarrassment 11
to a person, organization, or agency; 12
‘‘(III) to restrain competition; or 13
‘‘(IV) to prevent or delay the re-14
lease of information that does not re-15
quire protection in the interest of the 16
national security; 17
‘‘(v) ensure that basic scientific re-18
search information not clearly related to 19
the national security shall not be classified; 20
‘‘(vi) ensure that information may not 21
be reclassified after being declassified and 22
released to the public under proper author-23
ity unless personally approved by the 24
President based on a determination that 25
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such reclassification is required to prevent 1
significant and demonstrable damage to 2
the national security; 3
‘‘(vii) establish standards and criteria 4
for the classification of information; 5
‘‘(viii) establish standards, criteria, 6
and timelines for the declassification of in-7
formation classified under this section; 8
‘‘(ix) provide for the automatic declas-9
sification of classified records with perma-10
nent historical value not more than 50 11
years after the date of origin of such 12
records, unless the head of each agency 13
that classified information contained in 14
such records makes a written determina-15
tion to delay automatic declassification and 16
such determination is reviewed not less fre-17
quently than every 10 years; 18
‘‘(x) provide for the timely review of 19
materials submitted for pre-publication; 20
‘‘(xi) ensure that due regard is given 21
for the public interest in disclosure of in-22
formation; 23
‘‘(xii) ensure that due regard is given 24
for the interests of departments and agen-25
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cies in sharing information at the lowest 1
possible level of classification; 2
‘‘(D) S
UBMITTAL TO CONGRESS .—The 3
President shall submit to Congress the cat-4
egories and procedures established under sub-5
section (b)(1)(A) and the procedures established 6
under subsection (b)(1)(B) at least 60 days 7
prior to their effective date. 8
‘‘(2) A
GENCY STANDARDS AND PROCEDURES .— 9
‘‘(A) I
N GENERAL.—The head of each 10
agency shall establish a single set of consoli-11
dated standards and procedures to permit such 12
agency to classify and declassify information 13
created by such agency in accordance with the 14
categories and procedures established by the 15
President under this section and otherwise to 16
carry out this section. 17
‘‘(B) S
UBMITTAL TO CONGRESS .—Each 18
agency head shall submit to Congress the 19
standards and procedures established by such 20
agency head under subparagraph (A). 21
‘‘(c) E
FFECTIVEDATE.— 22
‘‘(1) I
N GENERAL.—Subsections (a) and (b) 23
shall take effect on the date that is 180 days after 24
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the date of the enactment of the Intelligence Author-1
ization Act for Fiscal Year 2025. 2
‘‘(2) R
ELATION TO PRESIDENTIAL DIREC -3
TIVES.—Presidential directives regarding classifying, 4
safeguarding, and declassifying national security in-5
formation, including Executive Order 13526 (50 6
U.S.C. 3161 note; relating to classified national se-7
curity information), in effect on the day before the 8
date of the enactment of this Act, as well as proce-9
dures issued pursuant to such Presidential direc-10
tives, shall remain in effect until superseded by pro-11
cedures issued pursuant to subsection (b).’’. 12
(b) C
ONFORMINGAMENDMENT.—Section 805(2) of 13
such Act (50 U.S.C. 3164(2)) is amended by inserting 14
‘‘section 801A,’’ before ‘‘Executive Order’’. 15
(c) C
LERICALAMENDMENT.—The table of contents 16
preceding section 2 of such Act is amended by inserting 17
after the item relating to section 801 the following new 18
item: 19
‘‘Sec. 801A. Classification and declassification of information.’’.
SEC. 603. MINIMUM STANDARDS FOR EXECUTIVE AGENCY
20
INSIDER THREAT PROGRAMS. 21
(a) D
EFINITIONS.—In this section: 22
(1) A
GENCY.—The term ‘‘agency’’ means any 23
Executive agency as defined in section 105 of title 24
5, United States Code, any military department as 25
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defined in section 102 of such title, and any other 1
entity in the executive branch of the Federal Gov-2
ernment that comes into the possession of classified 3
information. 4
(2) C
LASSIFIED INFORMATION .—The term 5
‘‘classified information’’ means information that has 6
been determined to require protection from unau-7
thorized disclosure pursuant to Executive Order 8
13526 (50 U.S.C. 3161 note; relating to classified 9
national security information), or predecessor or suc-10
cessor order, to protect the national security of the 11
United States. 12
(b) E
STABLISHMENT OF INSIDERTHREATPRO-13
GRAMS.—Each head of an agency with access to classified 14
information shall establish an insider threat program to 15
protect classified information from unauthorized disclo-16
sure. 17
(c) M
INIMUMSTANDARDS.—In carrying out an in-18
sider threat program established by the head of an agency 19
pursuant to subsection (b), the head of the agency shall— 20
(1) designate a senior official of the agency who 21
shall be responsible for management of the program; 22
(2) monitor user activity on all classified net-23
works to detect activity indicative of insider threat 24
behavior; 25
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(3) build and maintain an insider threat ana-1
lytic and response capability to review, assess, and 2
respond to information obtained pursuant to para-3
graph (2); and 4
(4) provide insider threat awareness training to 5
all cleared employees within 30 days of entry-on- 6
duty or granting of access to classified information 7
and annually thereafter. 8
(d) A
NNUALREPORTS.—Not less frequently than 9
once each year, the Director of National Intelligence shall, 10
serving as the Security Executive Agent under section 803 11
of the National Security Act of 1947 (50 U.S.C. 3162a), 12
submit to Congress an annual report on the compliance 13
of agencies with respect to the requirements of this sec-14
tion. 15
TITLE VII—SECURITY CLEAR-16
ANCES AND INTELLIGENCE 17
COMMUNITY WORKFORCE IM-18
PROVEMENTS 19
SEC. 701. SECURITY CLEARANCES HELD BY CERTAIN 20
FORMER EMPLOYEES OF INTELLIGENCE 21
COMMUNITY. 22
(a) I
SSUANCE OFGUIDELINES AND INSTRUCTIONS 23
R
EQUIRED.—Section 803(c) of the National Security Act 24
of 1947 (50 U.S.C. 3162a(c)) is amended— 25
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(1) in paragraph (3), by striking ‘‘; and’’ and 1
inserting a semicolon; 2
(2) in paragraph (4), by striking the period at 3
the end and inserting ‘‘; and’’; and 4
(3) by adding at the end the following: 5
‘‘(5) issue guidelines and instructions to the 6
heads of Federal agencies to ensure that any indi-7
vidual who was appointed by the President to a posi-8
tion in an element of the intelligence community but 9
is no longer employed by the Federal Government 10
shall maintain a security clearance only in accord-11
ance with Executive Order 12968 (50 U.S.C. 3161 12
note; relating to access to classified information), or 13
successor order.’’. 14
(b) S
UBMITTAL OFGUIDELINES ANDINSTRUCTIONS 15
TOCONGRESSREQUIRED.—Not later than 180 days after 16
the date of the enactment of this Act, the Director of Na-17
tional Intelligence shall, in the Director’s capacity as the 18
Security Executive Agent pursuant to subsection (a) of 19
section 803 of the National Security Act of 1947 (50 20
U.S.C. 3162a), submit to the congressional intelligence 21
committees and the congressional defense committees (as 22
defined in section 101(a) of title 10, United States Code) 23
the guidelines and instructions required by subsection 24
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(c)(5) of such Act, as added by subsection (a) of this sec-1
tion. 2
(c) A
NNUALREPORTREQUIRED.— 3
(1) I
N GENERAL.—Not later than 1 year after 4
the date of the enactment of this Act, and not less 5
frequently than once each year thereafter, the Direc-6
tor of National Intelligence shall, in the Director’s 7
capacity as the Security Executive Agent pursuant 8
to section 803(a) of the National Security Act of 9
1947 (50 U.S.C. 3162a(a)), submit to the congres-10
sional intelligence committees and the congressional 11
defense committees (as defined in section 101(a) of 12
title 10, United States Code) an annual report on 13
the eligibility status of former senior employees of 14
the intelligence community to access classified infor-15
mation. 16
(2) C
ONTENTS.—Each report submitted pursu-17
ant to paragraph (1) shall include, for the period 18
covered by the report, the following: 19
(A) A list of individuals who were ap-20
pointed by the President to a position in an ele-21
ment of the intelligence community who cur-22
rently hold security clearances. 23
(B) The number of such former employees 24
who still hold security clearances. 25
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(C) For each former employee described in 1
subparagraph (B)— 2
(i) the position in the intelligence 3
community held by the former employee; 4
(ii) the years of service in such posi-5
tion; and 6
(iii) the individual’s current employ-7
ment position and employer. 8
(D) The Federal entity authorizing and 9
adjudicating the former employees’ need to 10
know classified information. 11
SEC. 702. POLICY FOR AUTHORIZING INTELLIGENCE COM-12
MUNITY PROGRAM OF CONTRACTOR-OWNED 13
AND CONTRACTOR-OPERATED SENSITIVE 14
COMPARTMENTED INFORMATION FACILI-15
TIES. 16
(a) P
OLICY.—The Director of National Intelligence 17
shall establish a standardized policy for the intelligence 18
community that authorizes a program of contractor-owned 19
and contractor-operated sensitive compartmented informa-20
tion facilities as a service to the national security and in-21
telligence enterprises. 22
(b) R
EQUIREMENTS.—The policy established pursu-23
ant to subsection (a) shall— 24
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(1) authorize the head of an element of the in-1
telligence community to approve and accredit con-2
tractor-owned and contractor-operated sensitive com-3
partmented information facilities; and 4
(2) designate an element of the intelligence 5
community as a service of common concern (as de-6
fined in Intelligence Community Directive 122, or 7
successor directive) to serve as an accrediting au-8
thority on behalf of other elements of the intelligence 9
community for contractor-owned and contractor-op-10
erated sensitive compartmented information facili-11
ties. 12
(c) C
OSTCONSIDERATIONS.—In establishing the pol-13
icy required by subsection (a), the Director shall consider 14
existing demonstrated models where a contractor acquires, 15
outfits, and manages a facility pursuant to an agreement 16
with the Federal Government such that no funding from 17
the Federal Government is required to carry out the agree-18
ment. 19
(d) B
RIEFINGREQUIRED.—Not later than 1 year 20
after the date on which the Director establishes the policy 21
pursuant to subsection (a), the Director shall brief the 22
congressional intelligence committees on— 23
(1) additional opportunities to leverage con-24
tractor-provided secure facility space; and 25
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(2) recommendations to address barriers, in-1
cluding resources or authorities needed. 2
SEC. 703. ENABLING INTELLIGENCE COMMUNITY INTEGRA-3
TION. 4
(a) I
NGENERAL.—The National Security Act of 5
1947 (50 U.S.C. 3001 et seq.) is amended by inserting 6
after section 113B the following new section: 7
‘‘SEC. 113C. ENABLING INTELLIGENCE COMMUNITY INTE-8
GRATION. 9
‘‘(a) P
ROVISION OFGOODS ORSERVICES.—Subject 10
to and in accordance with any guidance and requirements 11
developed by the Director of National Intelligence, the 12
head of an element of the intelligence community may pro-13
vide goods or services to another element of the intel-14
ligence community without reimbursement or transfer of 15
funds for hoteling initiatives for intelligence community 16
employees and affiliates defined in any such guidance and 17
requirements issued by the Director of National Intel-18
ligence. 19
‘‘(b) A
PPROVAL.—Prior to the provision of goods or 20
services pursuant to subsection (a), the head of the ele-21
ment of the intelligence community providing such goods 22
or services and the head of the element of the intelligence 23
community receiving such goods or services shall approve 24
such provision.’’. 25
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(b) CLERICALAMENDMENT.—The table of contents 1
of the National Security Act of 1947 is amended by insert-2
ing after the item relating to section 113B the following: 3
‘‘Sec. 113C. Enabling intelligence community integration.’’.
SEC. 704. APPOINTMENT OF SPOUSES OF CERTAIN FED-
4
ERAL EMPLOYEES. 5
(a) I
NGENERAL.—Section 3330d of title 5, United 6
States Code, is amended— 7
(1) in the section heading, by striking ‘‘mili-8
tary and Department of Defense civilian 9
spouses’’ and inserting ‘‘military and Depart-10
ment of Defense, Department of State, 11
and intelligence community spouses’’; 12
(2) in subsection (a)— 13
(A) by redesignating the second paragraph 14
(4) (relating to a spouse of an employee of the 15
Department of Defense) as paragraph (7); 16
(B) by striking paragraph (5); 17
(C) by redesignating paragraph (4) (relat-18
ing to the spouse of a disabled or deceased 19
member of the Armed Forces) as paragraph 20
(6); 21
(D) by striking paragraph (3) and insert-22
ing the following: 23
‘‘(3) The term ‘covered spouse’ means an indi-24
vidual who is married to an individual who— 25
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‘‘(A)(i) is an employee of the Department 1
of State or an element of the intelligence com-2
munity; or 3
‘‘(ii) is a member of the Armed Forces who 4
is assigned to an element of the intelligence 5
community; and 6
‘‘(B) is transferred in the interest of the 7
Government from one official station within the 8
applicable agency to another within the agency 9
(that is outside of normal commuting distance) 10
for permanent duty. 11
‘‘(4) The term ‘intelligence community’ has the 12
meaning given the term in section 3 of the National 13
Security Act of 1947 (50 U.S.C. 3003). 14
‘‘(5) The term ‘remote work’ refers to a work 15
flexibility arrangement under which an employee— 16
‘‘(A) is not expected to physically report to 17
the location from which the employee would 18
otherwise work, considering the position of the 19
employee; and 20
‘‘(B) performs the duties and responsibil-21
ities of such employee’s position, and other au-22
thorized activities, from an approved worksite— 23
‘‘(i) other than the location from 24
which the employee would otherwise work; 25
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‘‘(ii) that may be inside or outside the 1
local commuting area of the location from 2
which the employee would otherwise work; 3
and 4
‘‘(iii) that is typically the residence of 5
the employee.’’; and 6
(E) by adding at the end the following: 7
‘‘(8) The term ‘telework’ has the meaning given 8
the term in section 6501.’’; and 9
(3) in subsection (b)— 10
(A) in paragraph (2), by striking ‘‘or’’ at 11
the end; 12
(B) in the first paragraph (3) (relating to 13
a spouse of a member of the Armed Forces on 14
active duty), by striking the period at the end 15
and inserting a semicolon; 16
(C) by redesignating the second paragraph 17
(3) (relating to a spouse of an employee of the 18
Department of Defense) as paragraph (4); 19
(D) in paragraph (4), as so redesignated— 20
(i) by inserting ‘‘, including to a posi-21
tion in which the spouse will engage in re-22
mote work’’ after ‘‘Department of De-23
fense’’; and 24
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(ii) by striking the period at the end 1
and inserting ‘‘; or’’; and 2
(E) by adding at the end the following: 3
‘‘(5) a covered spouse to a position in which the 4
covered spouse will engage in remote work.’’. 5
(b) T
ECHNICAL AND CONFORMINGAMENDMENT.— 6
The table of sections for subchapter I of chapter 33 of 7
title 5, United States Code, is amended by striking the 8
item relating to section 3330d and inserting the following: 9
‘‘3330d. Appointment of military and Department of Defense, Department of
State, and intelligence community civilian spouses.’’.
SEC. 705. PLAN FOR STAFFING THE INTELLIGENCE COL-
10
LECTION POSITIONS OF THE CENTRAL IN-11
TELLIGENCE AGENCY. 12
(a) I
NGENERAL.—Not later than 90 days after the 13
date of the enactment of this Act, the Director of the Cen-14
tral Intelligence Agency shall submit to the congressional 15
intelligence committees a plan for ensuring that the Direc-16
torate of Operations of the Agency has staffed every civil-17
ian full-time equivalent position authorized for that Direc-18
torate under the Intelligence Authorization Act for Fiscal 19
Year 2024 (division G of Public Law 118–31). 20
(b) E
LEMENTS.—The plan required by subsection (a) 21
shall include the following: 22
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(1) Specific benchmarks and timelines for ac-1
complishing the goal described in such subsection by 2
September 30, 2025. 3
(2) An assessment of the appropriate balance of 4
staffing between the Directorate of Operations and 5
the Directorate of Analysis consistent with the re-6
sponsibilities of the Director of the Central Intel-7
ligence Agency under section 104A(d) of the Na-8
tional Security Act of 1947 (50 U.S.C. 3036(d)). 9
SEC. 706. INTELLIGENCE COMMUNITY WORKPLACE PRO-10
TECTIONS. 11
(a) E
MPLOYMENTSTATUS.— 12
(1) C
ONVERSION OF POSITIONS BY DIRECTOR 13
OF NATIONAL INTELLIGENCE TO EXCEPTED SERV -14
ICE.—Section 102A(v) of the National Security Act 15
of 1947 (50 U.S.C. 3024(v)) is amended— 16
(A) by redesignating paragraphs (2) 17
through (4) as paragraphs (3) through (5), re-18
spectively; 19
(B) by inserting after paragraph (1) the 20
following: 21
‘‘(2) The Director shall promptly notify the congres-22
sional intelligence committees of any action taken pursu-23
ant to paragraph (1).’’; and 24
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(C) in paragraph (3), as redesignated by 1
subparagraph (A), by striking ‘‘occupying a po-2
sition on the date of the enactment of the Intel-3
ligence Authorization Act for Fiscal Year 4
2012’’. 5
(2) C
ONVERSION OF DEFENSE INTELLIGENCE 6
POSITIONS TO EXCEPTED SERVICE .—Section 7
1601(a) of title 10, United States Code, is amend-8
ed— 9
(A) by redesignating subsection (b) as sub-10
section (d); and 11
(B) by inserting after subsection (a) the 12
following: 13
‘‘(b) C
ONGRESSIONAL NOTIFICATION.—The Sec-14
retary shall promptly notify the congressional defense 15
committees and the congressional intelligence committees 16
(as defined in section 3 of the National Security Act of 17
1947 (50 U.S.C. 3003)) of any action taken pursuant to 18
subsection (a). 19
‘‘(c) R
ETENTION OFACCRUEDRIGHTSUPONCON-20
VERSION.—An incumbent whose position is selected to be 21
converted, without regard to the wishes of the incumbent, 22
to the excepted service under subsection (a) shall remain 23
in the competitive service for the purposes of status and 24
any accrued adverse action protections while the individual 25
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occupies that position or any other position to which the 1
employee is moved involuntarily. Once such individual no 2
longer occupies the converted position, the position may 3
be treated as a regularly excepted service position.’’. 4
(3) C
ONVERSION WITHIN THE EXCEPTED SERV -5
ICE.—An intelligence community incumbent em-6
ployee whose position is selected to be converted 7
from one excepted service schedule to another sched-8
ule within the excepted service without regard to the 9
wishes of the incumbent shall remain in the current 10
schedule for the purpose of status and any accrued 11
adverse action protections while the individual occu-12
pies that position or any other position to which the 13
employee is moved without regard to the wishes of 14
the employee. 15
(b) C
ONGRESSIONAL NOTIFICATION OF GUIDE-16
LINES.— 17
(1) S
UBMITTAL TO CONGRESS .—Not later than 18
30 days after the date of the enactment of this Act, 19
each head of an element of the intelligence commu-20
nity shall submit to the congressional intelligence 21
committees the guidelines and regulations of the ele-22
ment relating to employment status and protections 23
relating to that status. 24
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(2) NOTICE OF CHANGES .—In any case in 1
which a guideline or regulation of an element of the 2
intelligence community submitted pursuant to para-3
graph (1) is modified or replaced, the head of the 4
element shall promptly notify the congressional intel-5
ligence committees of the change and submit the 6
new or modified guideline or regulation. 7
(c) T
ERMINATIONAUTHORITIES OF THE DIRECTOR 8
OF THECIA.— 9
(1) P
ROCESS AND NOTIFICATION .—Section 10
104A(e) of the National Security Act of 1947 (50 11
U.S.C. 3036(e)) is amended— 12
(A) by redesignating paragraph (2) as 13
paragraph (3); and 14
(B) by inserting after paragraph (1) the 15
following: 16
‘‘(2)(A) Subject to subparagraph (B), the Director 17
shall not take an action under paragraph (1) to terminate 18
the employment of an officer or employee, except in ac-19
cordance with guidelines and regulations submitted to the 20
congressional intelligence committees. 21
‘‘(B) The Director may take an action under para-22
graph (1) without or in contravention of the guidelines 23
and regulations specified in subparagraph (A) of this 24
paragraph if the Director determines that complying with 25
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such guidelines and regulations poses a threat to the na-1
tional security of the United States. If the Director makes 2
such a determination, the Director shall provide prompt 3
notification to the congressional intelligence committees 4
that includes— 5
‘‘(i) an explanation for the basis for the termi-6
nation and the factual support for such determina-7
tion; and 8
‘‘(ii) an explanation for the determination that 9
the process described in subparagraph (A) poses a 10
threat to the national security of the United 11
States.’’. 12
(d) I
MPROVEMENT OF CONGRESSIONALNOTICERE-13
QUIREMENTRELATING TOTERMINATION OF DEFENSE 14
I
NTELLIGENCEEMPLOYEES.—Section 1609(c) of title 10, 15
United States Code, is amended by adding at the end the 16
following: ‘‘Such notification shall include the following: 17
‘‘(1) An explanation for the determination that 18
the termination was in the interests of the United 19
States. 20
‘‘(2) An explanation for the determination that 21
the procedures prescribed in other provisions of law 22
that authorize the termination of the employment of 23
such employee cannot be invoked in a manner con-24
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sistent with the national security of the United 1
States.’’. 2
(e) C
ONGRESSIONALNOTIFICATION OFOTHERSUS-3
PENSION ANDREMOVALAUTHORITIES.—Section 7532 of 4
title 5, United States Code, is amended by adding at the 5
end the following: 6
‘‘(d)(1) The head of an element of the intelligence 7
community who takes an action under this section shall 8
promptly notify the congressional intelligence committees 9
of such action. 10
‘‘(2) Each notification under paragraph (1) regarding 11
an action shall include the following: 12
‘‘(A) An explanation for the determination that 13
the action is necessary or advisable in the interests 14
of national security. 15
‘‘(B) If the head of an element of the intel-16
ligence community determines, pursuant to sub-17
section (a), that the interests of national security do 18
not permit notification to the employee of the rea-19
sons for the action under that subsection, an expla-20
nation for such determination. 21
‘‘(3) In this subsection, the terms ‘congressional in-22
telligence committees’ and ‘intelligence community’ have 23
the meanings given such terms in section 3 of the National 24
Security Act of 1947 (50 U.S.C. 3003).’’. 25
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(f) SAVINGSCLAUSE.—Nothing in this section shall 1
be construed to diminish the rights conferred by chapter 2
75 of title 5, United States Code, or other applicable agen-3
cy adverse action or disciplinary procedures. 4
SEC. 707. SENSE OF CONGRESS ON GOVERNMENT PER-5
SONNEL SUPPORT FOR FOREIGN TERRORIST 6
ORGANIZATIONS. 7
It is the sense of Congress that for the purposes of 8
adjudicating the eligibility of an individual for access to 9
classified information, renewal of a prior determination of 10
eligibility for such access, or continuous vetting of an indi-11
vidual for eligibility for such access, including on form 12
SF–86 or any successor form, each of the following should 13
be considered an action advocating for an act of terrorism: 14
(1) Espousing the actions of an organization 15
designated as a foreign terrorist organization under 16
section 219 of the Immigration and Nationality Act 17
(8 U.S.C. 1189). 18
(2) Advocating for continued attacks by an or-19
ganization described in paragraph (1). 20
(3) Soliciting funds for an organization de-21
scribed in paragraph (1). 22
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TITLE VIII—WHISTLEBLOWERS 1
SEC. 801. IMPROVEMENTS REGARDING URGENT CONCERNS 2
SUBMITTED TO INSPECTORS GENERAL OF 3
THE INTELLIGENCE COMMUNITY. 4
(a) I
NSPECTORGENERAL OF THE INTELLIGENCE 5
C
OMMUNITY.—Section 103H(k)(5) of the National Secu-6
rity Act of 1947 (50 U.S.C. 3033(k)(5)) is amended— 7
(1) in subparagraph (A)— 8
(A) by inserting ‘‘(i)’’ before ‘‘An employee 9
of’’; 10
(B) by inserting ‘‘in writing’’ before ‘‘to 11
the Inspector General’’; and 12
(C) by adding at the end the following: 13
‘‘(ii) The Inspector General shall provide any support 14
necessary to ensure that an employee can submit a com-15
plaint or information under this subparagraph in writing 16
and, if such submission is not feasible, shall create a writ-17
ten record of the employee’s verbal complaint or informa-18
tion and treat such written record as a written submis-19
sion.’’; 20
(2) by striking subparagraph (B) and inserting 21
the following: 22
‘‘(B)(i)(I) Not later than the end of the period speci-23
fied in subclause (II), the Inspector General shall deter-24
mine whether the written complaint or information sub-25
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mitted under subparagraph (A) appears credible. Upon 1
making such a determination, the Inspector General shall 2
transmit to the Director notice of that determination, to-3
gether with the complaint or information. 4
‘‘(II) The period specified in this subclause is the 14- 5
calendar-day period beginning on the date on which an 6
employee who has submitted an initial written complaint 7
or information under subparagraph (A) confirms that the 8
employee has submitted to the Inspector General the ma-9
terial the employee intends to submit to Congress under 10
such subparagraph. 11
‘‘(ii) The Inspector General may transmit a com-12
plaint or information submitted under subparagraph (A) 13
directly to the congressional intelligence committees— 14
‘‘(I) without transmittal to the Director if the 15
Inspector General determines that transmittal to the 16
Director could compromise the anonymity of the em-17
ployee or result in the complaint or information 18
being transmitted to a subject of the complaint or 19
information; or 20
‘‘(II) following transmittal to the Director if the 21
Director does not transmit the complaint or infor-22
mation to the congressional intelligence committees 23
within the time period specified in subparagraph 24
(C).’’; 25
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(3) in subparagraph (D)— 1
(A) in clause (i), by striking ‘‘or does not 2
transmit the complaint or information to the 3
Director in accurate form under subparagraph 4
(B),’’ and inserting ‘‘does not transmit the 5
complaint or information to the Director in ac-6
curate form under subparagraph (B)(i)(I), or 7
makes a determination pursuant to subpara-8
graph (B)(ii)(I) but does not transmit the com-9
plaint or information to the congressional intel-10
ligence committees within 21 calendar days of 11
receipt,’’; and 12
(B) by striking clause (ii) and inserting the 13
following: 14
‘‘(ii) An employee may contact the congres-15
sional intelligence committees directly as described 16
in clause (i) only if— 17
‘‘(I) the employee, before making such a 18
contact— 19
‘‘(aa) transmits to the Director, 20
through the Inspector General, a statement 21
of the employee’s complaint or information 22
and notice of the employee’s intent to con-23
tact the congressional intelligence commit-24
tees directly; and 25
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•S 4443 RS
‘‘(bb) obtains and follows from the Di-1
rector, through the Inspector General, di-2
rection on how to contact the congressional 3
intelligence committees in accordance with 4
appropriate security practices; or 5
‘‘(II) the Inspector General— 6
‘‘(aa) determines that— 7
‘‘(AA) a transmittal under sub-8
clause (I) could compromise the ano-9
nymity of the employee or result in 10
the complaint or information being 11
transmitted to a subject of the com-12
plaint or information; or 13
‘‘(BB) the Director has failed to 14
provide adequate direction pursuant 15
to item (bb) of subclause (I) within 7 16
calendar days of a transmittal under 17
such subclause; and 18
‘‘(bb) provides the employee direction 19
on how to contact the congressional intel-20
ligence committees in accordance with ap-21
propriate security practices.’’; and 22
(4) by adding at the end the following: 23
‘‘(J) In this paragraph, the term ‘employee’, with re-24
spect to an employee of an element of the intelligence com-25
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•S 4443 RS
munity, an employee assigned or detailed to an element 1
of the intelligence community, or an employee of a con-2
tractor to the intelligence community who may submit a 3
complaint or information to the Inspector General under 4
subparagraph (A), means— 5
‘‘(i) a current employee at the time of such sub-6
mission; or 7
‘‘(ii) a former employee at the time of such sub-8
mission, if such complaint or information arises 9
from and relates to the period of employment as 10
such an employee.’’. 11
(b) I
NSPECTORGENERAL OF THE CENTRALINTEL-12
LIGENCEAGENCY.—Section 17(d)(5) of the Central Intel-13
ligence Agency Act of 1949 (50 U.S.C. 3517(d)(5)) is 14
amended— 15
(1) in subparagraph (A)— 16
(A) by inserting (i) before ‘‘An employee’’; 17
(B) by inserting ‘‘in writing’’ before ‘‘to 18
the Inspector General’’; and 19
(C) by adding at the end the following: 20
‘‘(ii) The Inspector General shall provide any support 21
necessary to ensure that an employee can submit a com-22
plaint or information under this subparagraph in writing 23
and, if such submission is not feasible, shall create a writ-24
ten record of the employee’s verbal complaint or informa-25
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•S 4443 RS
tion and treat such written record as a written submis-1
sion.’’; 2
(2) in subparagraph (B)— 3
(A) by striking clause (i) and inserting the 4
following: 5
‘‘(i)(I) Not later than the end of the period specified 6
in subclause (II), the Inspector General shall determine 7
whether the written complaint or information submitted 8
under subparagraph (A) appears credible. Upon making 9
such a determination, the Inspector General shall transmit 10
to the Director notice of that determination, together with 11
the complaint or information. 12
‘‘(II) The period specified in this subclause is the 14- 13
calendar-day period beginning on the date on which an 14
employee who has submitted an initial written complaint 15
or information under subparagraph (A) confirms that the 16
employee has submitted to the Inspector General the ma-17
terial the employee intends to submit to Congress under 18
such subparagraph.’’; and 19
(B) by adding at the end the following: 20
‘‘(iii) The Inspector General may transmit a com-21
plaint or information submitted under subparagraph (A) 22
directly to the congressional intelligence committees— 23
‘‘(I) without transmittal to the Director if the 24
Inspector General determines that transmittal to the 25
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•S 4443 RS
Director could compromise the anonymity of the em-1
ployee or result in the complaint or information 2
being transmitted to a subject of the complaint or 3
information; 4
‘‘(II) following transmittal to the Director if the 5
Director does not transmit the complaint or infor-6
mation to the congressional intelligence committees 7
within the time period specified in subparagraph (C) 8
and has not made a determination regarding a con-9
flict of interest pursuant to clause (ii); or 10
‘‘(III) following transmittal to the Director and 11
a determination by the Director that a conflict of in-12
terest exists pursuant to clause (ii) if the Inspector 13
General determines that— 14
‘‘(aa) transmittal to the Director of Na-15
tional Intelligence could compromise the ano-16
nymity of the employee or result in the com-17
plaint or information being transmitted to a 18
subject of the complaint or information; or 19
‘‘(bb) the Director of National Intelligence 20
has not transmitted the complaint or informa-21
tion to the congressional intelligence committees 22
within the time period specified in subpara-23
graph (C).’’; 24
(3) in subparagraph (D)— 25
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•S 4443 RS
(A) in clause (i), by striking ‘‘or does not 1
transmit the complaint or information to the 2
Director in accurate form under subparagraph 3
(B),’’ and inserting ‘‘does not transmit the 4
complaint or information to the Director in ac-5
curate form under subparagraph (B)(i)(I), or 6
makes a determination pursuant to subpara-7
graph (B)(iii)(I) but does not transmit the com-8
plaint or information to the congressional intel-9
ligence committees within 21 calendar days of 10
receipt,’’; and 11
(B) by striking clause (ii) and inserting the 12
following: 13
‘‘(ii) An employee may contact the congressional in-14
telligence committees directly as described in clause (i) 15
only if— 16
‘‘(I) the employee, before making such a con-17
tact— 18
‘‘(aa) transmits to the Director, through 19
the Inspector General, a statement of the em-20
ployee’s complaint or information and notice of 21
the employee’s intent to contact the congres-22
sional intelligence committees directly; and 23
‘‘(bb) obtains and follows from the Direc-24
tor, through the Inspector General, direction on 25
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•S 4443 RS
how to contact the congressional intelligence 1
committees in accordance with appropriate se-2
curity practices; or 3
‘‘(II) the Inspector General— 4
‘‘(aa) determines that— 5
‘‘(AA) the transmittal under sub-6
clause (I) could compromise the anonymity 7
of the employee or result in the complaint 8
or information being transmitted to a sub-9
ject of the complaint or information; or 10
‘‘(BB) the Director has failed to pro-11
vide adequate direction pursuant to item 12
(bb) of subclause (I) within 7 calendar 13
days of a transmittal under such sub-14
clause; and 15
‘‘(bb) provides the employee direction on 16
how to contact the congressional intelligence 17
committees in accordance with appropriate se-18
curity practices.’’; and 19
(4) by adding at the end the following: 20
‘‘(I) In this paragraph, the term ‘employee’, with re-21
spect to an employee of the Agency, or of a contractor 22
to the Agency, who may submit a complaint or information 23
to the Inspector General under subparagraph (A), 24
means— 25
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•S 4443 RS
‘‘(i) a current employee at the time of such sub-1
mission; or 2
‘‘(ii) a former employee at the time of such sub-3
mission, if such complaint or information arises 4
from and relates to the period of employment as 5
such an employee.’’. 6
(c) O
THERINSPECTORSGENERAL OFELEMENTS OF 7
THEINTELLIGENCECOMMUNITY.—Section 416 of title 5, 8
United States Code, is amended— 9
(1) in subsection (a)— 10
(A) by redesignating paragraphs (1) and 11
(2) as paragraphs (2) and (3), respectively; and 12
(B) by inserting before paragraph (2), as 13
redesignated by paragraph (1), the following: 14
‘‘(1) E
MPLOYEE.—The term ‘employee’, with 15
respect to an employee of an element of the Federal 16
Government covered by subsection (b), or of a con-17
tractor to such an element, who may submit a com-18
plaint or information to an Inspector General under 19
such subsection, means— 20
‘‘(A) a current employee at the time of 21
such submission; or 22
‘‘(B) a former employee at the time of 23
such submission, if such complaint or informa-24
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ssavage on LAPJG3WLY3PROD with BILLS 191
•S 4443 RS
tion arises from and relates to the period of em-1
ployment as such an employee.’’; 2
(2) in subsection (b)— 3
(A) in paragraph (1)— 4
(i) in the paragraph heading, by in-5
serting ‘‘;
SUPPORT FOR WRITTEN SUBMIS -6
SION’’; after ‘‘MADE’’; 7
(ii) by inserting ‘‘in writing’’ after 8
‘‘may report the complaint or information’’ 9
each place it appears; and 10
(iii) in subparagraph (B), by inserting 11
‘‘in writing’’ after ‘‘such complaint or in-12
formation’’; and 13
(B) by adding at the end the following: 14
‘‘(E) S
UPPORT FOR WRITTEN SUBMIS -15
SION.—The Inspector General shall provide any 16
support necessary to ensure that an employee 17
can submit a complaint or information under 18
this paragraph in writing and, if such submis-19
sion is not feasible, shall create a written record 20
of the employee’s verbal complaint or informa-21
tion and treat such written record as a written 22
submission.’’; 23
(3) in subsection (c)— 24
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•S 4443 RS
(A) by striking paragraph (1) and insert-1
ing the following: 2
‘‘(1) C
REDIBILITY.— 3
‘‘(A) D
ETERMINATION.—Not later than 4
the end of the period specified in subparagraph 5
(B), the Inspector General shall determine 6
whether the written complaint or information 7
submitted under subsection (b) appears cred-8
ible. Upon making such a determination, the 9
Inspector General shall transmit to the head of 10
the establishment notice of that determination, 11
together with the complaint or information. 12
‘‘(B) P
ERIOD SPECIFIED.—The period 13
specified in this subparagraph is the 14-cal-14
endar-day period beginning on the date on 15
which an employee who has submitted an initial 16
written complaint or information under sub-17
section (b) confirms that the employee has sub-18
mitted to the Inspector General the material 19
the employee intends to submit to Congress 20
under such subsection.’’; and 21
(B) by adding at the end the following: 22
‘‘(3) T
RANSMITTAL DIRECTLY TO INTEL -23
LIGENCE COMMITTEES .—The Inspector General may 24
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•S 4443 RS
transmit the complaint or information directly to the 1
intelligence committees— 2
‘‘(A) without transmittal to the head of the 3
establishment if the Inspector General deter-4
mines that transmittal to the head of the estab-5
lishment could compromise the anonymity of 6
the employee or result in the complaint or infor-7
mation being transmitted to a subject of the 8
complaint or information; 9
‘‘(B) following transmittal to the head of 10
the establishment if the head of the establish-11
ment does not transmit the complaint or infor-12
mation to the intelligence committees within the 13
time period specified in subsection (d) and has 14
not made a determination regarding a conflict 15
of interest pursuant to paragraph (2); or 16
‘‘(C) following transmittal to the head of 17
the establishment and a determination by the 18
head of the establishment that a conflict of in-19
terest exists pursuant to paragraph (2) if the 20
Inspector General determines that— 21
‘‘(i) transmittal to the Director of Na-22
tional Intelligence or the Secretary of De-23
fense could compromise the anonymity of 24
the employee or result in the complaint or 25
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•S 4443 RS
information being transmitted to a subject 1
of the complaint or information; or 2
‘‘(ii) the Director of National Intel-3
ligence or the Secretary of Defense has not 4
transmitted the complaint or information 5
to the intelligence committees within the 6
time period specified in subsection (d).’’; 7
(4) in subsection (e)(1), by striking ‘‘or does 8
not transmit the complaint or information to the 9
head of the establishment in accurate form under 10
subsection (c),’’ and inserting ‘‘does not transmit the 11
complaint or information to the head of the estab-12
lishment in accurate form under subsection 13
(c)(1)(A), or makes a determination pursuant to 14
subsection (c)(3)(A) but does not transmit the com-15
plaint or information to the intelligence committees 16
within 21 calendar days of receipt,’’; and 17
(5) in subsection (e), by striking paragraph (2) 18
and inserting the following: 19
‘‘(2) L
IMITATION.—An employee may contact 20
the intelligence committees directly as described in 21
paragraph (1) only if— 22
‘‘(A) the employee, before making such a 23
contact— 24
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•S 4443 RS
‘‘(i) transmits to the head of the es-1
tablishment, through the Inspector Gen-2
eral, a statement of the employee’s com-3
plaint or information and notice of the em-4
ployee’s intent to contact the intelligence 5
committees directly; and 6
‘‘(ii) obtains and follows from the 7
head of the establishment, through the In-8
spector General, direction on how to con-9
tact the intelligence committees in accord-10
ance with appropriate security practices; or 11
‘‘(B) the Inspector General— 12
‘‘(i) determines that the transmittal 13
under subparagraph (A) could compromise 14
the anonymity of the employee or result in 15
the complaint or information being trans-16
mitted to a subject of the complaint or in-17
formation; or 18
‘‘(ii) determines that the head of the 19
establishment has failed to provide ade-20
quate direction pursuant to clause (ii) of 21
subparagraph (A) within 7 calendar days 22
of a transmittal under such subparagraph; 23
and 24
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•S 4443 RS
‘‘(iii) provides the employee direction 1
on how to contact the intelligence commit-2
tees in accordance with appropriate secu-3
rity practices.’’. 4
SEC. 802. PROHIBITION AGAINST DISCLOSURE OF WHIS-5
TLEBLOWER IDENTITY AS ACT OF REPRISAL. 6
(a) I
NGENERAL.—Section 1104(a) of the National 7
Security Act of 1947 (50 U.S.C. 3234(a)) is amended— 8
(1) in paragraph (3)— 9
(A) in subparagraph (I), by striking ‘‘; or’’ 10
and inserting a semicolon; 11
(B) by redesignating subparagraph (J) as 12
subparagraph (K); and 13
(C) by inserting after subparagraph (I) the 14
following: 15
‘‘(J) an unauthorized whistleblower iden-16
tity disclosure;’’; and 17
(2) by adding at the end the following: 18
‘‘(5) U
NAUTHORIZED WHISTLEBLOWER IDEN -19
TITY DISCLOSURE.—The term ‘unauthorized whistle-20
blower identity disclosure’ means, with respect to an 21
employee or a contractor employee described in 22
paragraph (3), a knowing and willful disclosure re-23
vealing the identity or other personally identifiable 24
information of the employee or contractor employee 25
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•S 4443 RS
so as to identify the employee or contractor em-1
ployee as an employee or contractor employee who 2
has made a lawful disclosure described in subsection 3
(b) or (c), but does not include such a knowing and 4
willful disclosure that meets any of the following cri-5
teria: 6
‘‘(A) Such disclosure was made with the 7
express consent of the employee or contractor 8
employee. 9
‘‘(B) Such disclosure was made during the 10
course of reporting or remedying the subject of 11
the lawful disclosure of the whistleblower 12
through management, legal, or oversight proc-13
esses, including such processes relating to 14
human resources, equal opportunity, security, 15
or an Inspector General. 16
‘‘(C) An Inspector General with oversight 17
responsibility for the relevant covered intel-18
ligence community element determines that 19
such disclosure— 20
‘‘(i) was unavoidable under section 21
103H of this Act (50 U.S.C. 3033), sec-22
tion 17 of the Central Intelligence Agency 23
Act of 1949 (50 U.S.C. 3517), section 407 24
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•S 4443 RS
of title 5, United States Code, or section 1
420(b)(2)(B) of such title; 2
‘‘(ii) was made to an official of the 3
Department of Justice responsible for de-4
termining whether a prosecution should be 5
undertaken; or 6
‘‘(iii) was required by statute or an 7
order from a court of competent jurisdic-8
tion.’’. 9
(b) P
RIVATERIGHT OFACTION FORUNLAWFULDIS-10
CLOSURE OF WHISTLEBLOWER IDENTITY.—Subsection 11
(f) of such section is amended to read as follows: 12
‘‘(f) E
NFORCEMENT.— 13
‘‘(1) I
N GENERAL.—Except as otherwise pro-14
vided in this subsection, the President shall provide 15
for the enforcement of this section. 16
‘‘(2) H
ARMONIZATION WITH OTHER ENFORCE -17
MENT.—To the fullest extent possible, the President 18
shall provide for enforcement of this section in a 19
manner that is consistent with the enforcement of 20
section 2302(b)(8) of title 5, United States Code, es-21
pecially with respect to policies and procedures used 22
to adjudicate alleged violations of such section. 23
‘‘(3) P
RIVATE RIGHT OF ACTION FOR DISCLO -24
SURES OF WHISTLEBLOWER IDENTITY IN VIOLATION 25
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OF PROHIBITION AGAINST REPRISALS .—Subject to 1
paragraph (4), in a case in which an employee of an 2
agency takes a personnel action described in sub-3
section (a)(3)(J) against an employee of a covered 4
intelligence community element as a reprisal in vio-5
lation of subsection (b) or in a case in which an em-6
ployee or contractor employee takes a personnel ac-7
tion described in subsection (a)(3)(J) against an-8
other contractor employee as a reprisal in violation 9
of subsection (c), the employee or contractor em-10
ployee against whom the personnel action was taken 11
may, consistent with section 1221 of title 5, United 12
States Code, bring a private action for all appro-13
priate remedies, including injunctive relief and com-14
pensatory and punitive damages, in an amount not 15
to exceed $250,000, against the agency of the em-16
ployee or contracting agency of the contractor em-17
ployee who took the personnel action, in a Federal 18
district court of competent jurisdiction. 19
‘‘(4) R
EQUIREMENTS.— 20
‘‘(A) R
EVIEW BY INSPECTOR GENERAL 21
AND BY EXTERNAL REVIEW PANEL .—Before 22
the employee or contractor employee may bring 23
a private action under paragraph (3), the em-24
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ssavage on LAPJG3WLY3PROD with BILLS 200
•S 4443 RS
ployee or contractor employee shall exhaust ad-1
ministrative remedies by— 2
‘‘(i) first, obtaining a disposition of 3
their claim by requesting review by the ap-4
propriate inspector general; and 5
‘‘(ii) second, if the review under clause 6
(i) does not substantiate reprisal, by sub-7
mitting to the Inspector General of the In-8
telligence Community a request for a re-9
view of the claim by an external review 10
panel under section 1106. 11
‘‘(B) P
ERIOD TO BRING ACTION.—The em-12
ployee or contractor employee may bring a pri-13
vate right of action under paragraph (3) during 14
the 180-day period beginning on the date on 15
which the employee or contractor employee is 16
notified of the final disposition of their claim 17
under section 1106.’’. 18
SEC. 803. PROTECTION FOR INDIVIDUALS MAKING AU-19
THORIZED DISCLOSURES TO INSPECTORS 20
GENERAL OF ELEMENTS OF THE INTEL-21
LIGENCE COMMUNITY. 22
(a) I
NSPECTORGENERAL OF THE INTELLIGENCE 23
C
OMMUNITY.—Section 103H(g)(3) of the National Secu-24
rity Act of 1947 (50 U.S.C. 3033(g)(3)) is amended— 25
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•S 4443 RS
(1) by redesignating subparagraphs (A) and 1
(B) as clauses (i) and (ii), respectively; 2
(2) by adding at the end the following new sub-3
paragraph: 4
‘‘(B) An individual may disclose classified infor-5
mation to the Inspector General in accordance with 6
the applicable security standards and procedures es-7
tablished under Executive Order 13526 (50 U.S.C. 8
3161 note; relating to classified national security in-9
formation), section 102A or section 803, chapter 12 10
of the Atomic Energy Act of 1954 (42 U.S.C. 2161 11
et seq.), or any applicable provision of law. Such a 12
disclosure of classified information that is made by 13
an individual who at the time of the disclosure does 14
not hold the appropriate clearance or authority to 15
access such classified information, but that is other-16
wise made in accordance with such security stand-17
ards and procedures, shall be treated as an author-18
ized disclosure and does not violate— 19
‘‘(i) any otherwise applicable nondisclosure 20
agreement; 21
‘‘(ii) any otherwise applicable regulation or 22
order issued under the authority of Executive 23
Order 13526 (50 U.S.C. 3161 note; relating to 24
classified national security information) or 25
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chapter 18 of the Atomic Energy Act of 1954 1
(42 U.S.C. 2271 et seq.); or 2
‘‘(iii) section 798 of title 18, United States 3
Code, or any other provision of law relating to 4
the unauthorized disclosure of national security 5
information.’’; and 6
(3) in the paragraph enumerator, by striking 7
‘‘(3) ’’ and inserting ‘‘(3)(A)’’. 8
(b) I
NSPECTORGENERAL OF THE CENTRALINTEL-9
LIGENCEAGENCY.—Section 17(e)(3) of the Central Intel-10
ligence Agency Act of 1949 (50 U.S.C. 3517(e)(3)) is 11
amended— 12
(1) by redesignating subparagraphs (A) and 13
(B) as clauses (i) and (ii), respectively; 14
(2) by adding at the end the following new sub-15
paragraph: 16
‘‘(B) An individual may disclose classified infor-17
mation to the Inspector General in accordance with 18
the applicable security standards and procedures es-19
tablished under Executive Order 13526 (50 U.S.C. 20
3161 note; relating to classified national security in-21
formation), section 102A or 803 of the National Se-22
curity Act of 1947 (50 U.S.C. 3024; 3162a), or 23
chapter 12 of the Atomic Energy Act of 1954 (42 24
U.S.C. 2161 et seq.). Such a disclosure of classified 25
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•S 4443 RS
information that is made by an individual who at the 1
time of the disclosure does not hold the appropriate 2
clearance or authority to access such classified infor-3
mation, but that is otherwise made in accordance 4
with such security standards and procedures, shall 5
be treated as an authorized disclosure and does not 6
violate— 7
‘‘(i) any otherwise applicable nondisclosure 8
agreement; 9
‘‘(ii) any otherwise applicable regulation or 10
order issued under the authority of Executive 11
Order 13526 or chapter 18 of the Atomic En-12
ergy Act of 1954 (42 U.S.C. 2271 et seq.); or 13
‘‘(iii) section 798 of title 18, United States 14
Code, or any other provision of law relating to 15
the unauthorized disclosure of national security 16
information.’’; and 17
(3) in the paragraph enumerator, by striking 18
‘‘(3) ’’ and inserting ‘‘(3)(A)’’. 19
(c) O
THERINSPECTORSGENERAL OFELEMENTS OF 20
THEINTELLIGENCECOMMUNITY.—Section 416 of title 5, 21
United States Code, is amended by adding at the end the 22
following new subsection: 23
‘‘(i) P
ROTECTION FOR INDIVIDUALSMAKINGAU-24
THORIZEDDISCLOSURES.—An individual may disclose 25
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classified information to an Inspector General of an ele-1
ment of the intelligence community in accordance with the 2
applicable security standards and procedures established 3
under Executive Order 13526 (50 U.S.C. 3161 note; relat-4
ing to classified national security information), section 5
102A or 803 of the National Security Act of 1947 (50 6
U.S.C. 3024; 3162a), or chapter 12 of the Atomic Energy 7
Act of 1954 (42 U.S.C. 2161 et seq.). Such a disclosure 8
of classified information that is made by an individual who 9
at the time of the disclosure does not hold the appropriate 10
clearance or authority to access such classified informa-11
tion, but that is otherwise made in accordance with such 12
security standards and procedures, shall be treated as an 13
authorized disclosure and does not violate— 14
‘‘(1) any otherwise applicable nondisclosure 15
agreement; 16
‘‘(2) any otherwise applicable regulation or 17
order issued under the authority of Executive Order 18
13526 or chapter 18 of the Atomic Energy Act of 19
1954 (42 U.S.C. 2271 et seq.); or 20
‘‘(3) section 798 of title 18, or any other provi-21
sion of law relating to the unauthorized disclosure of 22
national security information.’’. 23
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SEC. 804. CLARIFICATION OF AUTHORITY OF CERTAIN IN-1
SPECTORS GENERAL TO RECEIVE PRO-2
TECTED DISCLOSURES. 3
Section 1104 of the National Security Act of 1947 4
(50 U.S.C. 3234) is amended— 5
(1) in subsection (b)(1), by inserting ‘‘or cov-6
ered intelligence community element’’ after ‘‘the ap-7
propriate inspector general of the employing agen-8
cy’’; and 9
(2) in subsection (c)(1)(A), by inserting ‘‘or 10
covered intelligence community element’’ after ‘‘the 11
appropriate inspector general of the employing or 12
contracting agency’’. 13
SEC. 805. WHISTLEBLOWER PROTECTIONS RELATING TO 14
PSYCHIATRIC TESTING OR EXAMINATION. 15
(a) P
ROHIBITEDPERSONNELPRACTICES.—Section 16
1104(a)(3) of the National Security Act of 1947 (50 17
U.S.C. 3234(a)(3)) is amended— 18
(1) in subparagraph (I), by striking ‘‘; or’’ and 19
inserting a semicolon; 20
(2) by redesignating subparagraph (J) as sub-21
paragraph (K); and 22
(3) by inserting after subparagraph (I) the fol-23
lowing new subparagraph: 24
‘‘(J) a decision to order psychiatric testing 25
or examination; or’’. 26
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(b) APPLICATION.—The amendments made by this 1
section shall apply with respect to matters arising under 2
section 1104 of the National Security Act of 1947 (50 3
U.S.C. 3234) on or after the date of the enactment of 4
this Act. 5
SEC. 806. ESTABLISHING PROCESS PARITY FOR ADVERSE 6
SECURITY CLEARANCE AND ACCESS DETER-7
MINATIONS. 8
Subparagraph (C) of section 3001(j)(4) of the Intel-9
ligence Reform and Terrorism Prevention Act of 2004 (50 10
U.S.C. 3341(j)(4)) is amended to read as follows: 11
‘‘(C) C
ONTRIBUTING FACTOR .— 12
‘‘(i) I
N GENERAL.—Subject to clause 13
(iii), in determining whether the adverse 14
security clearance or access determination 15
violated paragraph (1), the agency shall 16
find that paragraph (1) was violated if the 17
individual has demonstrated that a disclo-18
sure described in paragraph (1) was a con-19
tributing factor in the adverse security 20
clearance or access determination taken 21
against the individual. 22
‘‘(ii) C
IRCUMSTANTIAL EVIDENCE .— 23
An individual under clause (i) may dem-24
onstrate that the disclosure was a contrib-25
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uting factor in the adverse security clear-1
ance or access determination taken against 2
the individual through circumstantial evi-3
dence, such as evidence that— 4
‘‘(I) the official making the de-5
termination knew of the disclosure; 6
and 7
‘‘(II) the determination occurred 8
within a period such that a reasonable 9
person could conclude that the disclo-10
sure was a contributing factor in the 11
determination. 12
‘‘(iii) D
EFENSE.—In determining 13
whether the adverse security clearance or 14
access determination violated paragraph 15
(1), the agency shall not find that para-16
graph (1) was violated if, after a finding 17
that a disclosure was a contributing factor, 18
the agency demonstrates by clear and con-19
vincing evidence that it would have made 20
the same security clearance or access de-21
termination in the absence of such disclo-22
sure.’’. 23
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SEC. 807. ELIMINATION OF CAP ON COMPENSATORY DAM-1
AGES FOR RETALIATORY REVOCATION OF SE-2
CURITY CLEARANCES AND ACCESS DETER-3
MINATIONS. 4
Section 3001(j)(4)(B) of the Intelligence Reform and 5
Terrorism Prevention Act of 2004 (50 U.S.C. 6
3341(j)(4)(B)) is amended, in the second sentence, by 7
striking ‘‘not to exceed $300,000’’. 8
TITLE IX—ANOMALOUS HEALTH 9
INCIDENTS 10
SEC. 901. ADDITIONAL DISCRETION FOR DIRECTOR OF 11
CENTRAL INTELLIGENCE AGENCY IN PAYING 12
COSTS OF TREATING QUALIFYING INJURIES 13
AND MAKING PAYMENTS FOR QUALIFYING 14
INJURIES TO THE BRAIN. 15
(a) A
DDITIONALAUTHORITY FORCOVERINGCOSTS 16
FORTREATINGQUALIFYINGINJURIESUNDEREXTRAOR-17
DINARYCIRCUMSTANCES.—Subsection (c) of section 19A 18
of the Central Intelligence Agency Act of 1949 (50 U.S.C. 19
3519b) is amended— 20
(1) by striking ‘‘The Director may’’ and insert-21
ing the following: 22
‘‘(1) I
N GENERAL.—The Director may’’; and 23
(2) by adding at the end the following: 24
‘‘(2) E
XTRAORDINARY CIRCUMSTANCES .— 25
Under such circumstances as the Director deter-26
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mines extraordinary, the Director may pay the costs 1
of treating a qualifying injury of a covered employee, 2
a covered individual, or a covered dependent or may 3
reimburse a covered employee, a covered individual, 4
or a covered dependent for such costs, that are not 5
otherwise covered by a provision of Federal law, re-6
gardless of the date of the injury and the location 7
of the employee, individual, or dependent when the 8
injury occurred.’’. 9
(b) A
DDITIONALAUTHORITY FOR MAKINGPAY-10
MENTS FORQUALIFYINGINJURIES TO THEBRAINUNDER 11
E
XTRAORDINARYCIRCUMSTANCES.—Subsection (d)(2) of 12
such section is amended— 13
(1) by striking ‘‘Notwithstanding’’ and insert-14
ing the following: 15
‘‘(A) I
N GENERAL .—Notwithstanding’’; 16
and 17
(2) by adding at the end the following: 18
‘‘(B) E
XTRAORDINARY CIRCUMSTANCES .— 19
Under such circumstances as the Director de-20
termines extraordinary, the Director may pro-21
vide payment to a covered employee, a covered 22
individual, or a covered dependent for any 23
qualifying injury to the brain, regardless of the 24
date of the injury and the location of the em-25
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ployee, individual, or dependent when the injury 1
occurred.’’. 2
(c) C
ONGRESSIONALNOTIFICATION.—Such section is 3
amended by adding at the end the following new sub-4
section: 5
‘‘(e) C
ONGRESSIONALNOTIFICATION.—Whenever the 6
Director makes a payment or reimbursement made under 7
subsection (c) or (d)(2), the Director shall, not later than 8
30 days after the date on which the payment or reimburse-9
ment is made, submit to the congressional intelligence 10
committees (as defined in section 3 of the National Secu-11
rity Act of 1947 (50 U.S.C. 3003)) a notification of such 12
payment or reimbursement.’’. 13
SEC. 902. ADDITIONAL DISCRETION FOR SECRETARY OF 14
STATE AND HEADS OF OTHER FEDERAL 15
AGENCIES IN PAYING COSTS OF TREATING 16
QUALIFYING INJURIES AND MAKING PAY-17
MENTS FOR QUALIFYING INJURIES TO THE 18
BRAIN. 19
(a) A
DDITIONALAUTHORITY FORCOVERINGCOSTS 20
FORTREATINGQUALIFYINGINJURIESUNDEREXTRAOR-21
DINARYCIRCUMSTANCES.—Subsection (b) of section 901 22
of division J of the Further Consolidated Appropriations 23
Act, 2020 (22 U.S.C. 2680b) is amended to read as fol-24
lows: 25
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‘‘(b) COSTS FOR TREATINGQUALIFYINGINJU-1
RIES.— 2
‘‘(1) I
N GENERAL.—The Secretary of State or 3
the head of any other Federal agency may pay or re-4
imburse the costs relating to diagnosing and treat-5
ing— 6
‘‘(A) a qualifying injury of a covered em-7
ployee for such costs, that are not otherwise 8
covered by chapter 81 of title 5, United States 9
Code, or other provision of Federal law; or 10
‘‘(B) a qualifying injury of a covered indi-11
vidual, or a covered dependent, for such costs 12
that are not otherwise covered by Federal law. 13
‘‘(2) E
XTRAORDINARY CIRCUMSTANCES .— 14
Under such circumstances as the Secretary of State 15
or other agency head determines extraordinary, the 16
Secretary or other agency head may pay the costs of 17
treating a qualifying injury of a covered employee, a 18
covered individual, or a covered dependent or may 19
reimburse a covered employee, a covered individual, 20
or a covered dependent for such costs, that are not 21
otherwise covered by a provision of Federal law, re-22
gardless of the date on which the injury occurred.’’. 23
(b) A
DDITIONALAUTHORITY FOR MAKINGPAY-24
MENTS FORQUALIFYINGINJURIES TO THEBRAINUNDER 25
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EXTRAORDINARY CIRCUMSTANCES.—Subsection (i)(2) of 1
such section is amended— 2
(1) by striking ‘‘Notwithstanding’’ and insert-3
ing the following: 4
‘‘(A) I
N GENERAL .—Notwithstanding’’; 5
and 6
(2) by adding at the end the following: 7
‘‘(B) E
XTRAORDINARY CIRCUMSTANCES .— 8
Under such circumstances as the Secretary of 9
State or other agency head with an employee 10
determines extraordinary, the Secretary or 11
other agency head may provide payment to a 12
covered dependent, a dependent of a former em-13
ployee, a covered employee, a former employee, 14
and a covered individual for any qualifying in-15
jury to the brain, regardless of the date on 16
which the injury occurred.’’. 17
(c) C
HANGES TODEFINITIONS.—Subsection (e) of 18
such section is amended— 19
(1) in paragraph (1)— 20
(A) in the matter before subparagraph (A), 21
by striking ‘‘a employee who, on or after Janu-22
ary 1, 2016’’ and inserting ‘‘an employee who, 23
on or after September 11, 2001’’; and 24
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(B) in subparagraph (A), by inserting ‘‘, or 1
duty station in the United States’’ before the 2
semicolon; 3
(2) in paragraph (2)— 4
(A) by striking ‘‘January 1, 2016’’ and in-5
serting ‘‘September 11, 2001’’; and 6
(B) by inserting ‘‘, or duty station in the 7
United States,’’ after ‘‘pursuant to subsection 8
(f)’’; 9
(3) in paragraph (3)— 10
(A) in the matter before subparagraph (A), 11
by striking ‘‘January 1, 2016’’ and inserting 12
‘‘September 11, 2001’’; and 13
(B) in subparagraph (A), by inserting ‘‘, or 14
duty station in the United States’’ before the 15
semicolon; and 16
(4) in paragraph (4)— 17
(A) in subparagraph (A)(i), by inserting ‘‘, 18
or duty station in the United States’’ before the 19
semicolon; and 20
(B) in subparagraph (B)(i), by inserting ‘‘, 21
or duty station in the United States’’ before the 22
semicolon. 23
(d) C
LARIFICATIONRELATING TOAUTHORITIES OF 24
D
IRECTOR OF THE CENTRALINTELLIGENCEAGENCY.— 25
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Such section is further amended by adding at the end the 1
following: 2
‘‘(k) R
ELATION TODIRECTOR OFCENTRALINTEL-3
LIGENCEAGENCY.—The authorities and requirements of 4
this section shall not apply to the Director of the Central 5
Intelligence Agency.’’. 6
SEC. 903. IMPROVED FUNDING FLEXIBILITY FOR PAY-7
MENTS MADE BY DEPARTMENT OF STATE 8
FOR QUALIFYING INJURIES TO THE BRAIN. 9
Section 901(i) of division J of the Further Consoli-10
dated Appropriations Act, 2020 (22 U.S.C. 2680b) is 11
amended by striking paragraph (3) and inserting the fol-12
lowing: 13
‘‘(3) F
UNDING.— 14
‘‘(A) I
N GENERAL.—Payment under para-15
graph (2) in a fiscal year may be made using 16
any funds— 17
‘‘(i) appropriated specifically for pay-18
ments under such paragraph; or 19
‘‘(ii) reprogrammed in accordance 20
with an applicable provision of law. 21
‘‘(B) B
UDGET.—For each fiscal year, the 22
Secretary of State shall include with the budget 23
justification materials submitted to Congress in 24
support of the budget of the President for that 25
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fiscal year pursuant to section 1105(a) of title 1
31, United States Code, an estimate of the 2
funds required in that fiscal year to make pay-3
ments under paragraph (2).’’. 4
TITLE X—UNIDENTIFIED 5
ANOMALOUS PHENOMENA 6
SEC. 1001. COMPTROLLER GENERAL OF THE UNITED 7
STATES REVIEW OF ALL-DOMAIN ANOMALY 8
RESOLUTION OFFICE. 9
(a) D
EFINITIONS.—In this section, the terms ‘‘con-10
gressional defense committees’’, ‘‘congressional leader-11
ship’’, and ‘‘unidentified anomalous phenomena’’ have the 12
meanings given such terms in section 1683(n) of the Na-13
tional Defense Authorization Act for Fiscal Year 2022 (50 14
U.S.C. 3373(n)). 15
(b) R
EVIEWREQUIRED.—The Comptroller General 16
of the United States shall conduct a review of the All- 17
domain Anomaly Resolution Office (in this section re-18
ferred to as the ‘‘Office’’). 19
(c) E
LEMENTS.—The review conducted pursuant to 20
subsection (b) shall include the following: 21
(1) A review of the implementation by the Of-22
fice of the duties and requirements of the Office 23
under section 1683 of the National Defense Author-24
ization Act for Fiscal Year 2022 (50 U.S.C. 3373), 25
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such as the process for operational unidentified 1
anomalous phenomena reporting and coordination 2
with the Department of Defense, the intelligence 3
community, and other departments and agencies of 4
the Federal Government and non-Government enti-5
ties. 6
(2) A review of such other matters relating to 7
the activities of the Office that pertain to unidenti-8
fied anomalous phenomena as the Comptroller Gen-9
eral considers appropriate. 10
(d) R
EPORT.—Following the review required by sub-11
section (b), in a timeframe mutually agreed upon by the 12
congressional intelligence committees, the congressional 13
defense committees, congressional leadership, and the 14
Comptroller General, the Comptroller General shall submit 15
to such committees and congressional leadership a report 16
on the findings of the Comptroller General with respect 17
to the review conducted under subsection (b). 18
SEC. 1002. SUNSET OF REQUIREMENTS RELATING TO AU-19
DITS OF UNIDENTIFIED ANOMALOUS PHE-20
NOMENA HISTORICAL RECORD REPORT. 21
Section 6001 of the Intelligence Authorization Act for 22
Fiscal Year 2023 (50 U.S.C. 3373 note) is amended— 23
(1) in subsection (b)(2), by inserting ‘‘until 24
April 1, 2025’’ after ‘‘quarterly basis’’; and 25
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(2) in subsection (c), by inserting ‘‘until June 1
30, 2025’’ after ‘‘semiannually thereafter’’. 2
SEC. 1003. FUNDING LIMITATIONS RELATING TO UNIDENTI-3
FIED ANOMALOUS PHENOMENA. 4
(a) D
EFINITIONS.—In this section: 5
(1) A
PPROPRIATE COMMITTEES OF CON -6
GRESS.—The term ‘‘appropriate committees of Con-7
gress’’ means— 8
(A) the Select Committee on Intelligence, 9
the Committee on Armed Services, and the 10
Committee on Appropriations of the Senate; 11
and 12
(B) the Permanent Select Committee on 13
Intelligence, the Committee on Armed Services, 14
and the Committee on Appropriations of the 15
House of Representatives. 16
(2) C
ONGRESSIONAL LEADERSHIP .—The term 17
‘‘congressional leadership’’ means— 18
(A) the majority leader of the Senate; 19
(B) the minority leader of the Senate; 20
(C) the Speaker of the House of Rep-21
resentatives; and 22
(D) the minority leader of the House of 23
Representatives. 24
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(3) UNIDENTIFIED ANOMALOUS PHENOMENA .— 1
The term ‘‘unidentified anomalous phenomena’’ has 2
the meaning given such term in section 1683(n) of 3
the National Defense Authorization Act for Fiscal 4
Year 2022 (50 U.S.C. 3373(n)). 5
(b) L
IMITATIONS.—None of the funds authorized to 6
be appropriated or otherwise made available by this Act 7
may be obligated or expended in support of any activity 8
involving unidentified anomalous phenomena protected 9
under any form of special access or restricted access limi-10
tation unless the Director of National Intelligence has pro-11
vided the details of the activity to the appropriate commit-12
tees of Congress and congressional leadership, including 13
for any activities described in a report released by the All- 14
domain Anomaly Resolution Office in fiscal year 2024. 15
(c) L
IMITATIONREGARDINGINDEPENDENT RE-16
SEARCH ANDDEVELOPMENT.—Independent research and 17
development funding relating to unidentified anomalous 18
phenomena shall not be allowable as indirect expenses for 19
purposes of contracts covered by such instruction, unless 20
such material and information is made available to the ap-21
propriate congressional committees and leadership. 22
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TITLE XI—AIR AMERICA 1
SEC. 1101. SHORT TITLE. 2
This title may be cited as the ‘‘Air America Act of 3
2024’’. 4
SEC. 1102. FINDINGS. 5
Congress finds the following: 6
(1) Air America and its affiliated companies, in 7
coordination with the Central Intelligence Agency, 8
provided direct and indirect support to the United 9
States Government from 1950 to 1976. 10
(2) The service and sacrifice of employees of 11
Air America included— 12
(A) suffering a high rate of casualties in 13
the course of service; 14
(B) saving thousands of lives in search and 15
rescue missions for downed United States air-16
men and in allied refugee evacuations; and 17
(C) serving lengthy periods under chal-18
lenging circumstances abroad. 19
SEC. 1103. DEFINITIONS. 20
In this title: 21
(1) A
FFILIATED COMPANY .—The term ‘‘affili-22
ated company’’, with respect to Air America, in-23
cludes Air Asia Company Limited, CAT Incor-24
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porated, Civil Air Transport Company Limited, and 1
the Pacific Division of Southern Air Transport. 2
(2) A
IR AMERICA.—The term ‘‘Air America’’ 3
means Air America, Incorporated. 4
(3) A
PPROPRIATE CONGRESSIONAL COMMIT -5
TEES.—The term ‘‘appropriate congressional com-6
mittees’’ means— 7
(A) the Committee on Homeland Security 8
and Governmental Affairs, the Select Com-9
mittee on Intelligence, and the Committee on 10
Appropriations of the Senate; and 11
(B) the Committee on Oversight and Ac-12
countability, the Permanent Select Committee 13
on Intelligence, and the Committee on Appro-14
priations of the House of Representatives. 15
(4) C
HILD; DEPENDENT; WIDOW; WIDOWER.— 16
The terms ‘‘child’’, ‘‘dependent’’, ‘‘widow’’, and 17
‘‘widower’’ have the meanings given those terms in 18
section 8341(a) of title 5, United States Code, ex-19
cept that such section shall be applied by sub-20
stituting ‘‘individual who performed qualifying serv-21
ice’’ for ‘‘employee or Member’’. 22
(5) C
OVERED DECEDENT .—The term ‘‘covered 23
decedent’’ means an individual who was killed in 24
Southeast Asia while supporting operations of the 25
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Central Intelligence Agency during the period begin-1
ning on January 1, 1950, and ending on December 2
31, 1976, as a United States citizen employee of Air 3
America or an affiliated company. 4
(6) D
IRECTOR.—The term ‘‘Director’’ means 5
the Director of the Central Intelligence Agency. 6
(7) Q
UALIFYING SERVICE.— The term ‘‘quali-7
fying service’’ means service that— 8
(A) was performed by a United States cit-9
izen as an employee of Air America or an affili-10
ated company during the period beginning on 11
January 1, 1950, and ending on December 31, 12
1976; and 13
(B) is documented in— 14
(i) the corporate records of Air Amer-15
ica or an affiliated company; 16
(ii) records possessed by the United 17
States Government; or 18
(iii) the personal records of a former 19
employee of Air America or an affiliated 20
company that are verified by the United 21
States Government. 22
(8) S
URVIVOR.—The term ‘‘survivor’’ means— 23
(A) the widow or widower of— 24
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(i) an individual who performed quali-1
fying service; or 2
(ii) a covered decedent; or 3
(B) an individual who, at any time during 4
or since the period of qualifying service, or on 5
the date of death of a covered decedent, was a 6
dependent or child of— 7
(i) the individual who performed such 8
qualifying service; or 9
(ii) the covered decedent. 10
SEC. 1104. AWARD AUTHORIZED TO ELIGIBLE PERSONS. 11
(a) I
NGENERAL.—Subject to the limitation in sub-12
section (d), the Director shall provide an award payment 13
of $40,000 under this section— 14
(1) to an individual who performed qualifying 15
service for a period greater than or equal to 5 years 16
or to a survivor of such individual; or 17
(2) to the survivor of a covered decedent. 18
(b) R
EQUIREMENTS.— 19
(1) I
N GENERAL.—To be eligible for a payment 20
under this subsection, an individual who performed 21
qualifying service or survivor (as the case may be) 22
must demonstrate to the satisfaction of the Director 23
that the individual whose qualifying service upon 24
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which the payment is based meets the criteria of 1
paragraph (1) or (2) of subsection (a). 2
(2) R
ELIANCE ON RECORDS .—In carrying out 3
this subsection, in addition to any evidence provided 4
by such an individual or survivor, the Director may 5
rely on records possessed by the United States Gov-6
ernment. 7
(c) A
DDITIONALPAYMENT.—If an individual, or in 8
the case of a survivor, the individual whose qualifying 9
service upon which the payment is based, can demonstrate 10
to the Director that the qualifying service of the individual 11
exceeded 5 years, the Director shall pay to such individual 12
or survivor an additional $8,000 for each full year in ex-13
cess of 5 years (and a proportionate amount for a partial 14
year). 15
(d) S
URVIVORS.—In the case of an award granted to 16
a survivor under this section, the payment shall be made— 17
(1) to the surviving widow or widower; or 18
(2) if there is no surviving widow or widower, 19
to the surviving dependents or children, in equal 20
shares. 21
SEC. 1105. FUNDING LIMITATION. 22
(a) I
NGENERAL.—The total amount of awards 23
granted under this title may not exceed $60,000,000. 24
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(b) REQUESTS FORADDITIONALFUNDS.—If, at the 1
determination of the Director, the amount of funds re-2
quired to satisfy all valid applications for payment under 3
this title exceeds the limitation set forth in subsection (a), 4
the Director shall submit to Congress a request for suffi-5
cient funds to fulfill all remaining payments. 6
(c) A
WARDS TOEMPLOYEES OF INTERMOUNTAIN 7
A
VIATION.—The Director may determine, on a case-by- 8
case basis, to award amounts to individuals who performed 9
service consistent with the definition of qualifying service 10
as employees of Intermountain Aviation. 11
SEC. 1106. TIME LIMITATION. 12
(a) I
NGENERAL.—To be eligible for an award pay-13
ment under this title, a claimant must file a claim for such 14
payment with the Director not later than 2 years after 15
the effective date of the regulations prescribed by the Di-16
rector in accordance with section 1107. 17
(b) D
ETERMINATION.—Not later than 90 days after 18
receiving a claim for an award payment under this section, 19
the Director shall determine the eligibility of the claimant 20
for payment. 21
(c) P
AYMENT.— 22
(1) I
N GENERAL.—If the Director determines 23
that the claimant is eligible for the award payment, 24
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the Director shall pay the award payment not later 1
than 60 days after the date of such determination. 2
(2) L
UMP-SUM PAYMENT.—The Director shall 3
issue each payment as a one-time lump sum pay-4
ment contingent upon the timely filing of the claim-5
ant under this section. 6
(3) N
OTICE AND DELAYS.—The Director shall 7
notify the appropriate congressional committees of 8
any delays in making an award payment not later 9
than 30 days after the date such payment is due. 10
SEC. 1107. APPLICATION PROCEDURES. 11
(a) I
NGENERAL.—The Director shall prescribe pro-12
cedures to carry out this title, which shall include proc-13
esses under which— 14
(1) claimants may submit claims for payment 15
under this title; 16
(2) the Director will award the amounts under 17
section 1104; and 18
(3) claimants can obtain redress and appeal de-19
terminations under section 1106. 20
(b) O
THERMATTERS.—Such procedures— 21
(1) shall be— 22
(A) prescribed not later than 60 days after 23
the date of the enactment of this Act; and 24
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(B) published in the Code of Federal Reg-1
ulations; and 2
(2) shall not be subject to chapter 5 of title 5, 3
United States Code. 4
SEC. 1108. RULE OF CONSTRUCTION. 5
Nothing in this title shall be construed to— 6
(1) entitle any person to Federal benefits, in-7
cluding retirement benefits under chapter 83 or 84 8
of title 5, United States Code, and disability or 9
death benefits under chapter 81 of such title; 10
(2) change the legal status of the former Air 11
America corporation or any affiliated company; or 12
(3) create any legal rights, benefits, or entitle-13
ments beyond the one-time award authorized by this 14
title. 15
SEC. 1109. ATTORNEYS’ AND AGENTS’ FEES. 16
(a) I
NGENERAL.—It shall be unlawful for more than 17
25 percent of an award paid pursuant to this title to be 18
paid to, or received by, any agent or attorney for any serv-19
ice rendered to a person who receives an award under sec-20
tion 1104, in connection with the award under this title. 21
(b) V
IOLATION.—Any agent or attorney who violates 22
subsection (a) shall be fined under title 18, United States 23
Code. 24
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SEC. 1110. NO JUDICIAL REVIEW. 1
A determination by the Director pursuant to this title 2
is final and conclusive and shall not be subject to judicial 3
review. 4
SEC. 1111. REPORTS TO CONGRESS. 5
Until the date that all funds available for awards 6
under this title are expended, the Director shall submit 7
to the appropriate congressional committees a semiannual 8
report describing the number of award payments made 9
and denied during the 180 days preceding the submission 10
of the report, including the rationales for any denials, and 11
if, at the determination of the Director, the amount of 12
funds provided to carry out this title is insufficient to sat-13
isfy any remaining or anticipated claims. 14
TITLE XII—OTHER MATTERS 15
SEC. 1201. ENHANCED AUTHORITIES FOR AMICUS CURIAE 16
UNDER THE FOREIGN INTELLIGENCE SUR-17
VEILLANCE ACT OF 1978. 18
(a) E
XPANSION OFAPPOINTMENTAUTHORITY.— 19
(1) I
N GENERAL.—Section 103(i)(2)(A) of the 20
Foreign Intelligence Surveillance Act of 1978 (50 21
U.S.C. 1803(i)(2)(A)) is amended by striking clause 22
(i) and inserting the following: 23
‘‘(i) shall appoint one or more individ-24
uals who have been designated under para-25
graph (1), not less than one of whom pos-26
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sesses privacy and civil liberties expertise, 1
unless the court finds that such a quali-2
fication is inappropriate, to serve as ami-3
cus curiae to assist the court in the consid-4
eration of any application or motion for an 5
order or review that, in the opinion of the 6
court— 7
‘‘(I) presents a novel or signifi-8
cant interpretation of the law, unless 9
the court issues a finding that such 10
appointment is not appropriate; 11
‘‘(II) presents exceptional con-12
cerns with respect to the activities of 13
a United States person that are pro-14
tected by the first amendment to the 15
Constitution of the United States, un-16
less the court issues a finding that 17
such appointment is not appropriate; 18
‘‘(III) targets a United States 19
person and presents or involves a sen-20
sitive investigative matter, unless— 21
‘‘(aa) the matter represents 22
an immediate danger to human 23
life; or 24
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‘‘(bb) the court issues a 1
finding that such appointment is 2
not appropriate; 3
‘‘(IV) targets a United States 4
person and presents a request for ap-5
proval of programmatic surveillance or 6
reauthorization of programmatic sur-7
veillance, unless the court issues a 8
finding that such appointment is not 9
appropriate; or 10
‘‘(V) targets a United States per-11
son and otherwise presents novel or 12
exceptional civil liberties issues, unless 13
the court issues a finding that such 14
appointment is not appropriate;’’. 15
(2) D
EFINITION OF SENSITIVE INVESTIGATIVE 16
MATTER.—Subsection (i) of section 103 of such Act 17
(50 U.S.C. 1803) is amended by adding at the end 18
the following: 19
‘‘(12) D
EFINITION OF SENSITIVE INVESTIGA -20
TIVE MATTER.—In this subsection, the term ‘sen-21
sitive investigative matter’ means— 22
‘‘(A) an investigative matter that targets a 23
United States person who is— 24
‘‘(i) a United States elected official; 25
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‘‘(ii) an appointee of— 1
‘‘(I) the President; or 2
‘‘(II) a State Governor; 3
‘‘(iii) a United States political can-4
didate; 5
‘‘(iv) a United States political organi-6
zation or an individual prominent in such 7
an organization; 8
‘‘(v) a United States news media or-9
ganization or a member of a United States 10
news media organization; or 11
‘‘(vi) a United States religious organi-12
zation or an individual prominent in such 13
an organization; or 14
‘‘(B) any other investigative matter involv-15
ing a domestic entity or a known or presumed 16
United States person that, in the judgment of 17
the applicable court established under sub-18
section (a) or (b), is as sensitive as an inves-19
tigative matter described in subparagraph 20
(A).’’. 21
(b) A
UTHORITYTOSEEKREVIEW.—Subsection (i) 22
of such section (50 U.S.C. 1803), as amended by sub-23
section (a) of this section, is further amended— 24
(1) in paragraph (4)— 25
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(A) in the paragraph heading, by inserting 1
‘‘;
AUTHORITY’’ after ‘‘DUTIES’’; 2
(B) by striking ‘‘the amicus curiae shall’’ 3
and all that follows through ‘‘provide’’ and in-4
sert the following: ‘‘the amicus curiae— 5
‘‘(A) shall provide’’; 6
(C) in subparagraph (A), as so des-7
ignated— 8
(i) in clause (i), by inserting before 9
the semicolon at the end the following: ‘‘, 10
including legal arguments regarding any 11
privacy or civil liberties interest of any 12
United States person that would be signifi-13
cantly impacted by the application or mo-14
tion’’; and 15
(ii) in clause (iii), by striking the pe-16
riod at the end and inserting ‘‘; and’’; and 17
(D) by adding at the end the following: 18
‘‘(B) may seek leave to raise any novel or 19
significant privacy or civil liberties issue rel-20
evant to the application or motion or other 21
issue directly impacting the legality of the pro-22
posed electronic surveillance with the court, re-23
gardless of whether the court has requested as-24
sistance on that issue.’’; 25
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(2) by redesignating paragraphs (7) through 1
(12) as paragraphs (8) through (13), respectively; 2
and 3
(3) by inserting after paragraph (6) the fol-4
lowing: 5
‘‘(7) A
UTHORITY TO SEEK REVIEW OF DECI -6
SIONS.— 7
‘‘(A) FISA
COURT DECISIONS.—Following 8
issuance of a final order under this Act by the 9
Foreign Intelligence Surveillance Court in a 10
matter in which an amicus curiae was ap-11
pointed under paragraph (2), that amicus cu-12
riae may petition the Foreign Intelligence Sur-13
veillance Court to certify for review to the For-14
eign Intelligence Surveillance Court of Review a 15
question of law pursuant to subsection (j). If 16
the court denies such petition, the court shall 17
provide for the record a written statement of 18
the reasons for such denial. Upon certification 19
of any question of law pursuant to this sub-20
paragraph, the Court of Review shall appoint 21
the amicus curiae to assist the Court of Review 22
in its consideration of the certified question, un-23
less the Court of Review issues a finding that 24
such appointment is not appropriate. 25
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‘‘(B) FISA COURT OF REVIEW DECI -1
SIONS.—An amicus curiae appointed under 2
paragraph (2) may petition the Foreign Intel-3
ligence Surveillance Court of Review to certify 4
for review to the Supreme Court of the United 5
States any question of law pursuant to section 6
1254(2) of title 28, United States Code, in the 7
matter in which that amicus curiae was ap-8
pointed. 9
‘‘(C) D
ECLASSIFICATION OF REFER -10
RALS.—For purposes of section 602, if the For-11
eign Intelligence Surveillance Court or the For-12
eign Intelligence Surveillance Court of Review 13
denies a petition filed under subparagraph (A) 14
or (B) of this paragraph, that petition and all 15
of its content shall be considered a decision, 16
order, or opinion issued by the Foreign Intel-17
ligence Surveillance Court or the Foreign Intel-18
ligence Surveillance Court of Review described 19
in section 602(a).’’. 20
(c) A
CCESS TOINFORMATION.— 21
(1) A
PPLICATION AND MATERIALS.—Subpara-22
graph (A) of section 103(i)(6) of such Act (50 23
U.S.C. 1803(i)(6)) is amended to read as follows: 24
‘‘(A) I
N GENERAL.— 25
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‘‘(i) RIGHTS OF AMICUS.—If a court 1
established under subsection (a) or (b) ap-2
points an amicus curiae under paragraph 3
(2), the amicus curiae— 4
‘‘(I) shall have access to, to the 5
extent such information is available to 6
the Government and the court estab-7
lished under subsection (a) or (b) de-8
termines it is necessary to fulfill the 9
duties of the amicus curiae— 10
‘‘(aa) the application, certifi-11
cation, petition, motion, and 12
other information and supporting 13
materials submitted to the For-14
eign Intelligence Surveillance 15
Court in connection with the 16
matter in which the amicus cu-17
riae has been appointed, includ-18
ing access to any relevant legal 19
precedent (including any such 20
precedent that is cited by the 21
Government, including in such an 22
application); 23
‘‘(bb) a copy of each rel-24
evant decision made by the For-25
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eign Intelligence Surveillance 1
Court or the Foreign Intelligence 2
Surveillance Court of Review in 3
which the court decides a ques-4
tion of law, without regard to 5
whether the decision is classified; 6
and 7
‘‘(cc) any other information 8
or materials that the court deter-9
mines are relevant to the duties 10
of the amicus curiae; and 11
‘‘(II) may make a submission to 12
the court requesting access to any 13
other particular materials or informa-14
tion (or category of materials or infor-15
mation) that the amicus curiae be-16
lieves to be relevant to the duties of 17
the amicus curiae. 18
‘‘(ii) S
UPPORTING DOCUMENTATION 19
REGARDING ACCURACY .—The Foreign In-20
telligence Surveillance Court, upon the mo-21
tion of an amicus curiae appointed under 22
paragraph (2) or upon its own motion, 23
may require the Government to make 24
available the supporting documentation re-25
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garding the accuracy of any material sub-1
mitted to the Foreign Intelligence Surveil-2
lance Court in connection with the matter 3
in which the amicus curiae has been ap-4
pointed if the court determines the infor-5
mation is relevant to the duties of the ami-6
cus curiae.’’. 7
(2) C
LARIFICATION OF ACCESS TO CERTAIN IN -8
FORMATION.—Such section is further amended by 9
striking subparagraph (C) and inserting the fol-10
lowing: 11
‘‘(C) C
LASSIFIED INFORMATION .—An ami-12
cus curiae appointed by the court shall have ac-13
cess, to the extent such information is available 14
to the Government and the court determines 15
such information is relevant to the duties of the 16
amicus curiae in the matter in which the ami-17
cus curiae was appointed, to copies of each 18
opinion, order, transcript, pleading, or other 19
document of the Foreign Intelligence Surveil-20
lance Court and the Foreign Intelligence Sur-21
veillance Court of Review, including, if the indi-22
vidual is eligible for access to classified informa-23
tion, any classified documents, information, and 24
other materials or proceedings, but only to the 25
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extent consistent with the national security of 1
the United States.’’. 2
(3) C
ONSULTATION AMONG AMICI CURIAE .— 3
Such section is further amended— 4
(A) by redesignating subparagraphs (B), 5
(C), and (D) as subparagraphs (C), (D), and 6
(E), respectively; and 7
(B) by inserting after subparagraph (A) 8
the following: 9
‘‘(B) C
ONSULTATION.—If the Foreign In-10
telligence Surveillance Court or the Foreign In-11
telligence Surveillance Court of Review deter-12
mines that it is relevant to the duties of an 13
amicus curiae appointed by the court under 14
paragraph (2), the amicus curiae may consult 15
with one or more of the other individuals des-16
ignated to serve as amicus curiae pursuant to 17
paragraph (1) regarding any of the information 18
relevant to any assigned proceeding.’’. 19
(d) T
ERMLIMITS.— 20
(1) R
EQUIREMENT.—Paragraph (1) of section 21
103(i) of such Act (50 U.S.C. 1803(i)) is amended 22
by adding at the end the following new sentence: 23
‘‘An individual may serve as an amicus curiae for a 24
5-year term, and the presiding judges may, for good 25
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cause, jointly reappoint the individual to a single ad-1
ditional 5-year term.’’. 2
(2) A
PPLICATION.—The amendment made by 3
paragraph (1) shall apply with respect to the service 4
of an amicus curiae appointed under section 103(i) 5
of such Act (50 U.S.C. 1803(i)) that occurs on or 6
after the date of the enactment of this Act, regard-7
less of the date on which the amicus curiae is ap-8
pointed. 9
SEC. 1202. LIMITATION ON DIRECTIVES UNDER FOREIGN 10
INTELLIGENCE SURVEILLANCE ACT OF 1978 11
RELATING TO CERTAIN ELECTRONIC COM-12
MUNICATION SERVICE PROVIDERS. 13
Section 702(i) of the Foreign Intelligence Surveil-14
lance Act of 1978 (50 U.S.C. 1881a(i)) is amended by 15
adding at the end the following: 16
‘‘(7) L
IMITATION RELATING TO CERTAIN ELEC -17
TRONIC COMMUNICATION SERVICE PROVIDERS .— 18
‘‘(A) D
EFINITIONS.—In this paragraph: 19
‘‘(i) A
PPROPRIATE COMMITTEES OF 20
CONGRESS.—The term ‘appropriate com-21
mittees of Congress’ means— 22
‘‘(I) the congressional intelligence 23
committees; 24
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‘‘(II) the Committee on the Judi-1
ciary of the Senate; and 2
‘‘(III) the Committee on the Ju-3
diciary of the House of Representa-4
tives. 5
‘‘(ii) C
OVERED ELECTRONIC COMMU -6
NICATION SERVICE PROVIDER .—The term 7
‘covered electronic communication service 8
provider’ means— 9
‘‘(I) a service provider described 10
in section 701(b)(4)(E); or 11
‘‘(II) a custodian of an entity as 12
defined in section 701(b)(4)(F). 13
‘‘(iii) C
OVERED OPINIONS.—The term 14
‘covered opinions’ means the opinions of 15
the Foreign Intelligence Surveillance Court 16
and the Foreign Intelligence Surveillance 17
Court of Review authorized for public re-18
lease on August 23, 2023 (Opinion and 19
Order, In re Petition to Set Aside or Mod-20
ify Directive Issued to [REDACTED], No. 21
[REDACTED], (FISA Ct. [REDACTED] 22
2022) (Contreras J.); Opinion, In re Peti-23
tion to Set Aside or Modify Directive 24
Issued to [REDACTED], No. [RE-25
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DACTED], (FISA Ct. Rev. [RE-1
DACTED] 2023) (Sentelle, J.; Higginson, 2
J.; Miller J.)). 3
‘‘(B) L
IMITATION.—A directive may not be 4
issued under paragraph (1) to a covered elec-5
tronic communication service provider unless 6
the covered electronic communication service 7
provider is a provider of the type of service at 8
issue in the covered opinions. 9
‘‘(C) R
EQUIREMENTS FOR DIRECTIVES TO 10
COVERED ELECTRONIC COMMUNICATION SERV -11
ICE PROVIDERS.— 12
‘‘(i) I
N GENERAL.—Subject to clause 13
(ii), any directive issued under paragraph 14
(1) on or after the date of the enactment 15
of the Intelligence Authorization Act for 16
Fiscal Year 2025 to a covered electronic 17
communication service provider that is not 18
prohibited by subparagraph (B) of this 19
paragraph shall include a summary de-20
scription of the services at issue in the cov-21
ered opinions. 22
‘‘(ii) D
UPLICATE SUMMARIES NOT RE -23
QUIRED.—A directive need not include a 24
summary description of the services at 25
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issue in the covered opinions if such sum-1
mary was included in a prior directive 2
issued to the covered electronic commu-3
nication service provider and the summary 4
has not materially changed. 5
‘‘(D) F
OREIGN INTELLIGENCE SURVEIL -6
LANCE COURT NOTIFICATION AND REVIEW .— 7
‘‘(i) N
OTIFICATION.— 8
‘‘(I) I
N GENERAL.—Subject to 9
subclause (II), each time the Attorney 10
General and the Director of National 11
Intelligence issue a directive under 12
paragraph (1) to a covered electronic 13
communication service provider that is 14
not prohibited by subparagraph (B) 15
and each time the Attorney General 16
and the Director materially change a 17
directive under paragraph (1) issued 18
to a covered electronic communication 19
service provider that is not prohibited 20
by subparagraph (B), the Attorney 21
General and the Director shall provide 22
the directive to the Foreign Intel-23
ligence Surveillance Court on or be-24
fore the date that is 7 days after the 25
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date on which the Attorney General 1
and the Director issue the directive, 2
along with a description of the covered 3
electronic communication service pro-4
vider to whom the directive is issued 5
and the services at issue. 6
‘‘(II) D
UPLICATION NOT RE -7
QUIRED.—The Attorney General and 8
the Director do not need to provide a 9
directive or description to the Foreign 10
Intelligence Surveillance Court under 11
subclause (I) if a directive and de-12
scription concerning the covered elec-13
tronic communication service provider 14
was previously provided to the Court 15
and the directive or description has 16
not materially changed. 17
‘‘(ii) A
DDITIONAL INFORMATION .—As 18
soon as feasible and not later than the ini-19
tiation of collection, the Attorney General 20
and the Director shall, for each directive 21
described in subparagraph (i), provide the 22
Foreign Intelligence Surveillance Court a 23
description of the type of equipment to be 24
accessed, the nature of the access, and the 25
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form of assistance required pursuant to the 1
directive. 2
‘‘(iii) R
EVIEW.— 3
‘‘(I) I
N GENERAL.—The Foreign 4
Intelligence Surveillance Act Court 5
may review a directive received by the 6
Court under clause (i) to determine 7
whether the directive is consistent 8
with subparagraph (B) and affirm, 9
modify, or set aside the directive. 10
‘‘(II) N
OTICE OF INTENT TO RE -11
VIEW.—Not later than 10 days after 12
the date on which the Court receives 13
information under clause (ii) with re-14
spect to a directive, the Court shall 15
provide notice to the Attorney Gen-16
eral, the Director, and the covered 17
electronic communication service pro-18
vider, indicating whether the Court in-19
tends to undertake a review under 20
subclause (I) of this clause. 21
‘‘(III) C
OMPLETION OF RE -22
VIEWS.—In a case in which the Court 23
provides notice under subclause (II) 24
indicating that the Court intends to 25
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review a directive under subclause (I), 1
the Court shall, not later than 30 2
days after the date on which the 3
Court provides notice under subclause 4
(II) with respect to the directive, com-5
plete the review. 6
‘‘(E) C
ONGRESSIONAL OVERSIGHT .— 7
‘‘(i) N
OTIFICATION.— 8
‘‘(I) I
N GENERAL.—Subject to 9
subclause (II), each time the Attorney 10
General and the Director of National 11
Intelligence issue a directive under 12
paragraph (1) to a covered electronic 13
communication service provider that is 14
not prohibited by subparagraph (B) 15
and each time the Attorney General 16
and the Director materially change a 17
directive under paragraph (1) issued 18
to a covered electronic communication 19
service provider that is not prohibited 20
by subparagraph (B), the Attorney 21
General and the Director shall submit 22
to the appropriate committees of Con-23
gress the directive on or before the 24
date that is 7 days after the date on 25
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which the Attorney General and the 1
Director issue the directive, along 2
with description of the covered elec-3
tronic communication service provider 4
to whom the directive is issued and 5
the services at issue. 6
‘‘(II) D
UPLICATION NOT RE -7
QUIRED.—The Attorney General and 8
the Director do not need to submit a 9
directive or description to the appro-10
priate committees of Congress under 11
subclause (I) if a directive and de-12
scription concerning the covered elec-13
tronic communication service provider 14
was previously submitted to the ap-15
propriate committees of Congress and 16
the directive or description has not 17
materially changed. 18
‘‘(ii) A
DDITIONAL INFORMATION .—As 19
soon as feasible and not later than the ini-20
tiation of collection, the Attorney General 21
and the Director shall, for each directive 22
described in subparagraph (i), provide the 23
appropriate committees of Congress a de-24
scription of the type of equipment to be 25
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accessed, the nature of the access, and the 1
form of assistance required pursuant to the 2
directive. 3
‘‘(iii) R
EPORTING.— 4
‘‘(I) Q
UARTERLY REPORTS .—Not 5
later than 90 days after the date of 6
the enactment of the Intelligence Au-7
thorization Act for Fiscal Year 2025 8
and not less frequently than once each 9
quarter thereafter, the Attorney Gen-10
eral and the Director shall submit to 11
the appropriate committees of Con-12
gress a report on the number of direc-13
tives issued, during the period covered 14
by the report, under paragraph (1) to 15
a covered electronic communication 16
service provider and the number of di-17
rectives provided during the same pe-18
riod to the Foreign Intelligence Sur-19
veillance Court under subparagraph 20
(D)(i). 21
‘‘(II) F
ORM OF REPORTS.—Each 22
report submitted pursuant to sub-23
clause (I) shall be submitted in un-24
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classified form, but may include a 1
classified annex. 2
‘‘(III) S
UBMITTAL OF COURT 3
OPINIONS.—Not later than 45 days 4
after the date on which the Foreign 5
Intelligence Surveillance Court or the 6
Foreign Intelligence Surveillance 7
Court of Review issues an opinion re-8
lating to a directive issued to a cov-9
ered electronic communication service 10
provider under paragraph (1), the At-11
torney General shall submit to the ap-12
propriate committees of Congress a 13
copy of the opinion.’’. 14
SEC. 1203. STRENGTHENING ELECTION CYBERSECURITY 15
TO UPHOLD RESPECT FOR ELECTIONS 16
THROUGH INDEPENDENT TESTING ACT OF 17
2024. 18
(a) S
HORTTITLE.—This section may be cited as the 19
‘‘Strengthening Election Cybersecurity to Uphold Respect 20
for Elections through Independent Testing Act of 2024’’ 21
or the ‘‘SECURE IT Act of 2024’’. 22
(b) R
EQUIRINGPENETRATIONTESTING ASPART OF 23
THETESTING AND CERTIFICATION OF VOTINGSYS-24
TEMS.—Section 231 of the Help America Vote Act of 25
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2002 (52 U.S.C. 20971) is amended by adding at the end 1
the following new subsection: 2
‘‘(e) R
EQUIREDPENETRATIONTESTING.— 3
‘‘(1) I
N GENERAL.—Not later than 180 days 4
after the date of the enactment of this subsection, 5
the Commission shall provide for the conduct of pen-6
etration testing as part of the testing, certification, 7
decertification, and recertification of voting system 8
hardware and software by the Commission based on 9
accredited laboratories under this section. 10
‘‘(2) A
CCREDITATION.—The Commission shall 11
develop a program for the acceptance of the results 12
of penetration testing on election systems. The pene-13
tration testing required by this subsection shall be 14
required for Commission certification. The Commis-15
sion shall vote on the selection of any entity identi-16
fied. The requirements for such selection shall be 17
based on consideration of an entity’s competence to 18
conduct penetration testing under this subsection. 19
The Commission may consult with the National In-20
stitute of Standards and Technology or any other 21
appropriate Federal agency on lab selection criteria 22
and other aspects of this program.’’. 23
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(c) INDEPENDENT SECURITYTESTING ANDCOORDI-1
NATEDCYBERSECURITY VULNERABILITY DISCLOSURE 2
P
ROGRAM FORELECTIONSYSTEMS.— 3
(1) I
N GENERAL.—Subtitle D of title II of the 4
Help America Vote Act of 2002 (42 U.S.C. 15401 5
et seq.) is amended by adding at the end the fol-6
lowing new part: 7
‘‘PART 7—INDEPENDENT SECURITY TESTING AND 8
COORDINATED CYBERSECURITY VULNER-9
ABILITY DISCLOSURE PILOT PROGRAM FOR 10
ELECTION SYSTEMS 11
‘‘SEC. 297. INDEPENDENT SECURITY TESTING AND COORDI-12
NATED CYBERSECURITY VULNERABILITY 13
DISCLOSURE PILOT PROGRAM FOR ELEC-14
TION SYSTEMS. 15
‘‘(a) I
NGENERAL.— 16
‘‘(1) E
STABLISHMENT.—The Commission, in 17
consultation with the Secretary, shall establish an 18
Independent Security Testing and Coordinated Vul-19
nerability Disclosure Pilot Program for Election Sys-20
tems (VDP–E) (in this section referred to as the 21
‘program’) to test for and disclose cybersecurity 22
vulnerabilities in election systems. 23
‘‘(2) D
URATION.—The program shall be con-24
ducted for a period of 5 years. 25
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‘‘(3) REQUIREMENTS.—In carrying out the pro-1
gram, the Commission, in consultation with the Sec-2
retary, shall— 3
‘‘(A) establish a mechanism by which an 4
election systems vendor may make their election 5
system (including voting machines and source 6
code) available to cybersecurity researchers par-7
ticipating in the program; 8
‘‘(B) provide for the vetting of cybersecu-9
rity researchers prior to their participation in 10
the program, including the conduct of back-11
ground checks; 12
‘‘(C) establish terms of participation 13
that— 14
‘‘(i) describe the scope of testing per-15
mitted under the program; 16
‘‘(ii) require researchers to— 17
‘‘(I) notify the vendor, the Com-18
mission, and the Secretary of any cy-19
bersecurity vulnerability they identify 20
with respect to an election system; 21
and 22
‘‘(II) otherwise keep such vulner-23
ability confidential for 180 days after 24
such notification; 25
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‘‘(iii) require the good faith participa-1
tion of all participants in the program; 2
‘‘(iv) require an election system ven-3
dor, within 180 days after validating noti-4
fication of a critical or high vulnerability 5
(as defined by the National Institute of 6
Standards and Technology) in an election 7
system of the vendor, to— 8
‘‘(I) send a patch or propound 9
some other fix or mitigation for such 10
vulnerability to the appropriate State 11
and local election officials, in con-12
sultation with the researcher who dis-13
covered it; and 14
‘‘(II) notify the Commission and 15
the Secretary that such patch has 16
been sent to such officials; 17
‘‘(D) in the case where a patch or fix to 18
address a vulnerability disclosed under subpara-19
graph (C)(ii)(I) is intended to be applied to a 20
system certified by the Commission, provide— 21
‘‘(i) for the expedited review of such 22
patch or fix within 90 days after receipt by 23
the Commission; and 24
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‘‘(ii) if such review is not completed 1
by the last day of such 90-day period, that 2
such patch or fix shall be deemed to be 3
certified by the Commission, subject to any 4
subsequent review of such determination 5
by the Commission; and 6
‘‘(E) 180 days after the disclosure of a 7
vulnerability under subparagraph (C)(ii)(I), no-8
tify the Director of the Cybersecurity and In-9
frastructure Security Agency of the vulner-10
ability for inclusion in the database of Common 11
Vulnerabilities and Exposures. 12
‘‘(4) V
OLUNTARY PARTICIPATION ; SAFE HAR-13
BOR.— 14
‘‘(A) V
OLUNTARY PARTICIPATION .—Par-15
ticipation in the program shall be voluntary for 16
election systems vendors and researchers. 17
‘‘(B) S
AFE HARBOR.—When conducting 18
research under this program, such research and 19
subsequent publication shall be— 20
‘‘(i) authorized in accordance with 21
section 1030 of title 18, United States 22
Code (commonly known as the ‘Computer 23
Fraud and Abuse Act’), (and similar State 24
laws), and the election system vendor will 25
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not initiate or support legal action against 1
the researcher for accidental, good faith 2
violations of the program; and 3
‘‘(ii) exempt from the anti-circumven-4
tion rule of section 1201 of title 17, United 5
States Code (commonly known as the ‘Dig-6
ital Millennium Copyright Act’), and the 7
election system vendor will not bring a 8
claim against a researcher for circumven-9
tion of technology controls. 10
‘‘(C) R
ULE OF CONSTRUCTION .—Nothing 11
in this paragraph may be construed to limit or 12
otherwise affect any exception to the general 13
prohibition against the circumvention of techno-14
logical measures under subparagraph (A) of 15
section 1201(a)(1) of title 17, United States 16
Code, including with respect to any use that is 17
excepted from that general prohibition by the 18
Librarian of Congress under subparagraphs (B) 19
through (D) of such section 1201(a)(1). 20
‘‘(5) D
EFINITIONS.—In this subsection: 21
‘‘(A) C
YBERSECURITY VULNERABILITY .— 22
The term ‘cybersecurity vulnerability’ means, 23
with respect to an election system, any security 24
vulnerability that affects the election system. 25
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‘‘(B) ELECTION INFRASTRUCTURE .—The 1
term ‘election infrastructure’ means— 2
‘‘(i) storage facilities, polling places, 3
and centralized vote tabulation locations 4
used to support the administration of elec-5
tions for public office; and 6
‘‘(ii) related information and commu-7
nications technology, including— 8
‘‘(I) voter registration databases; 9
‘‘(II) election management sys-10
tems; 11
‘‘(III) voting machines; 12
‘‘(IV) electronic mail and other 13
communications systems (including 14
electronic mail and other systems of 15
vendors who have entered into con-16
tracts with election agencies to sup-17
port the administration of elections, 18
manage the election process, and re-19
port and display election results); and 20
‘‘(V) other systems used to man-21
age the election process and to report 22
and display election results on behalf 23
of an election agency. 24
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‘‘(C) ELECTION SYSTEM.—The term ‘elec-1
tion system’ means any information system that 2
is part of an election infrastructure, including 3
any related information and communications 4
technology described in subparagraph (B)(ii). 5
‘‘(D) E
LECTION SYSTEM VENDOR .—The 6
term ‘election system vendor’ means any person 7
providing, supporting, or maintaining an elec-8
tion system on behalf of a State or local elec-9
tion official. 10
‘‘(E) I
NFORMATION SYSTEM .—The term 11
‘information system’ has the meaning given the 12
term in section 3502 of title 44, United States 13
Code. 14
‘‘(F) S
ECRETARY.—The term ‘Secretary’ 15
means the Secretary of Homeland Security. 16
‘‘(G) S
ECURITY VULNERABILITY .—The 17
term ‘security vulnerability’ has the meaning 18
given the term in section 102 of the Cybersecu-19
rity Information Sharing Act of 2015 (6 U.S.C. 20
1501).’’. 21
(2) C
LERICAL AMENDMENT .—The table of con-22
tents of such Act is amended by adding at the end 23
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of the items relating to subtitle D of title II the fol-1
lowing: 2
‘‘PART 7—INDEPENDENT SECURITYTESTING ANDCOORDINATEDCYBERSE-
CURITYVULNERABILITYDISCLOSUREPROGRAM FORELECTIONSYSTEMS
‘‘Sec. 297. Independent security testing and coordinated cybersecurity vulner-
ability disclosure program for election systems.’’.
SEC. 1204. PRIVACY AND CIVIL LIBERTIES OVERSIGHT
3
BOARD QUALIFICATIONS. 4
Section 1061(h)(2) of the Intelligence Reform and 5
Terrorism Prevention Act of 2004 (42 U.S.C. 6
2000ee(h)(2)) is amended by striking ‘‘and relevant expe-7
rience’’ and inserting ‘‘or experience in positions requiring 8
a security clearance, and relevant national security experi-9
ence’’. 10
SEC. 1205. PARITY IN PAY FOR STAFF OF THE PRIVACY AND 11
CIVIL LIBERTIES OVERSIGHT BOARD AND 12
THE INTELLIGENCE COMMUNITY. 13
Section 1061(j)(1) of the Intelligence Reform and 14
Terrorism Prevention Act of 2004 (42 U.S.C. 15
2000ee(j)(1)) is amended by striking ‘‘except that’’ and 16
all that follows through the period at the end and inserting 17
‘‘except that no rate of pay fixed under this subsection 18
may exceed the highest amount paid by any element of 19
the intelligence community for a comparable position, 20
based on salary information provided to the chairman of 21
the Board by the Director of National Intelligence.’’. 22
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SEC. 1206. MODIFICATION AND REPEAL OF REPORTING RE-1
QUIREMENTS. 2
(a) B
RIEFING ONIRANIANEXPENDITURES SUP-3
PORTINGFOREIGNMILITARY ANDTERRORISTACTIVI-4
TIES.—Section 6705(a)(1) of the Damon Paul Nelson and 5
Matthew Young Pollard Intelligence Authorization Act for 6
Fiscal Years 2018, 2019, and 2020 (22 U.S.C. 7
9412(a)(1)) is amended by striking ‘‘, and not less fre-8
quently than once each year thereafter provide a briefing 9
to Congress,’’. 10
(b) R
EPORTS ANDBRIEFINGS ONNATIONALSECU-11
RITYEFFECTS OFGLOBALWATERINSECURITY AND 12
E
MERGINGINFECTIOUSDISEASES ANDPANDEMICS.— 13
Section 6722(b) of the Damon Paul Nelson and Matthew 14
Young Pollard Intelligence Authorization Act for Fiscal 15
Years 2018, 2019, and 2020 (50 U.S.C. 3024 note; divi-16
sion E of Public Law 116–92) is amended by— 17
(1) striking paragraph (2); and 18
(2) redesignating paragraphs (3) and (4) as 19
paragraphs (2) and (3), respectively. 20
(c) R
EPEAL OFREPORT ON REMOVAL OF SAT-21
ELLITES AND RELATEDITEMSFROM THE UNITED 22
S
TATESMUNITIONSLIST.—Section 1261(e) of the Na-23
tional Defense Authorization Act for Fiscal Year 2013 (22 24
U.S.C. 2778 note; Public Law 112–239) is repealed. 25
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(d) BRIEFING ONREVIEW OFINTELLIGENCECOM-1
MUNITYANALYTICPRODUCTION.—Section 1019(c) of the 2
Intelligence Reform and Terrorism Prevention Act of 3
2004 (50 U.S.C. 3364(c)) is amended by striking ‘‘Decem-4
ber 1’’ and inserting ‘‘February 1’’. 5
(e) R
EPEAL OFREPORT ONOVERSIGHT OFFOREIGN 6
I
NFLUENCE INACADEMIA.—Section 5713 of the Damon 7
Paul Nelson and Matthew Young Pollard Intelligence Au-8
thorization Act for Fiscal Years 2018, 2019, and 2020 9
(50 U.S.C. 3369b) is repealed. 10
(f) R
EPEAL OFBRIEFING ONIRANIANEXPENDI-11
TURESSUPPORTINGFOREIGNMILITARY ANDTERRORIST 12
A
CTIVITIES.—Section 6705 of the Damon Paul Nelson 13
and Matthew Young Pollard Intelligence Authorization 14
Act for Fiscal Years 2018, 2019, and 2020 (22 U.S.C. 15
9412) is amended— 16
(1) by striking subsection (b); 17
(2) by striking the enumerator and heading for 18
subsection (a); 19
(3) by redesignating paragraphs (1) and (2) as 20
subsections (a) and (b), respectively, and moving 21
such subsections, as so redesignated, 2 ems to the 22
left; 23
(4) in subsection (a), as so redesignated, by re-24
designating subparagraphs (A) and (B) as para-25
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graphs (1) and (2), respectively, and moving such 1
paragraphs, as so redesignated, 2 ems to the left; 2
and 3
(5) in paragraph (1), as so redesignated, by re-4
designating clauses (i) through (v) as subparagraphs 5
(A) through (E), respectively, and moving such sub-6
paragraphs, as so redesignated, 2 ems to the left. 7
(g) R
EPEAL OFREPORT ONFOREIGNINVESTMENT 8
R
ISKS.—Section 6716 of the Damon Paul Nelson and 9
Matthew Young Pollard Intelligence Authorization Act for 10
Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3370a) 11
is repealed. 12
(h) R
EPEAL OFREPORT ONINTELLIGENCECOMMU-13
NITYLOANREPAYMENTPROGRAMS.—Section 6725(c) of 14
the Damon Paul Nelson and Matthew Young Pollard In-15
telligence Authorization Act for Fiscal Years 2018, 2019, 16
and 2020 (50 U.S.C. 3334g(c)) is repealed. 17
(i) R
EPEAL OFREPORT ONDATACOLLECTION ON 18
A
TTRITION IN INTELLIGENCE COMMUNITY.—Section 19
306(c) of the Intelligence Authorization Act for Fiscal 20
Year 2021 (50 U.S.C. 3334h(c)) is repealed. 21
SEC. 1207. TECHNICAL AMENDMENTS. 22
(a) R
EQUIREMENTS RELATING TOCONSTRUCTION 23
OFFACILITIES TOBEUSEDPRIMARILY BY INTEL-24
LIGENCECOMMUNITY.—Section 602(a) of the Intelligence 25
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Authorization Act for Fiscal Year 1995 (50 U.S.C. 1
3304(a)) is amended— 2
(1) in paragraph (1), by striking ‘‘$6,000,000’’ 3
and inserting ‘‘$9,000,000’’; and 4
(2) in paragraph (2)— 5
(A) by striking ‘‘$2,000,000’’ each place it 6
appears and inserting ‘‘$4,000,000’’; and 7
(B) by striking ‘‘$6,000,000’’ and insert-8
ing ‘‘$9,000,000’’. 9
(b) C
OPYRIGHTPROTECTION FORCIVILIANFACULTY 10
OFCERTAINACCREDITEDINSTITUTIONS.—Section 105 11
of title 17, United States Code, is amended to read as 12
follows: 13
‘‘§ 105. Subject matter of copyright: United States 14
Government works 15
‘‘(a) I
NGENERAL.—Copyright protection under this 16
title is not available for any work of the United States 17
Government, but the United States Government is not 18
precluded from receiving and holding copyrights trans-19
ferred to it by assignment, bequest, or otherwise. 20
‘‘(b) C
OPYRIGHT PROTECTION OF CERTAIN 21
W
ORKS.—Subject to subsection (c), the covered author of 22
a covered work owns the copyright to that covered work. 23
‘‘(c) U
SE BYFEDERALGOVERNMENT.— 24
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‘‘(1) SECRETARY OF DEFENSE AUTHORITY .— 1
With respect to a covered author who produces a 2
covered work in the course of employment at a cov-3
ered institution described in subparagraphs (A) 4
through (K) of subsection (d)(2), the Secretary of 5
Defense may direct the covered author to provide 6
the Federal Government with an irrevocable, royalty- 7
free, worldwide, nonexclusive license to reproduce, 8
distribute, perform, or display such covered work for 9
purposes of the United States Government. 10
‘‘(2) S
ECRETARY OF HOMELAND SECURITY AU -11
THORITY.—With respect to a covered author who 12
produces a covered work in the course of employ-13
ment at the covered institution described in sub-14
section (d)(2)(L), the Secretary of Homeland Secu-15
rity may direct the covered author to provide the 16
Federal Government with an irrevocable, royalty- 17
free, worldwide, nonexclusive license to reproduce, 18
distribute, perform, or display such covered work for 19
purposes of the United States Government. 20
‘‘(3) D
IRECTOR OF NATIONAL INTELLIGENCE 21
AUTHORITY.—With respect to a covered author who 22
produces a covered work in the course of employ-23
ment at the covered institution described in sub-24
section (d)(2)(M), the Director of National Intel-25
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•S 4443 RS
ligence may direct the covered author to provide the 1
Federal Government with an irrevocable, royalty- 2
free, worldwide, nonexclusive license to reproduce, 3
distribute, perform, or display such covered work for 4
purposes of the United States Government. 5
‘‘(4) S
ECRETARY OF TRANSPORTATION AU -6
THORITY.—With respect to a covered author who 7
produces a covered work in the course of employ-8
ment at the covered institution described in sub-9
section (d)(2)(N), the Secretary of Transportation 10
may direct the covered author to provide the Federal 11
Government with an irrevocable, royalty-free, world-12
wide, nonexclusive license to reproduce, distribute, 13
perform, or display such covered work for purposes 14
of the United States Government. 15
‘‘(d) D
EFINITIONS.—In this section: 16
‘‘(1) C
OVERED AUTHOR .—The term ‘covered 17
author’ means a civilian member of the faculty of a 18
covered institution. 19
‘‘(2) C
OVERED INSTITUTION .—The term ‘cov-20
ered institution’ means the following: 21
‘‘(A) National Defense University. 22
‘‘(B) United States Military Academy. 23
‘‘(C) Army War College. 24
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‘‘(D) United States Army Command and 1
General Staff College. 2
‘‘(E) United States Naval Academy. 3
‘‘(F) Naval War College. 4
‘‘(G) Naval Postgraduate School. 5
‘‘(H) Marine Corps University. 6
‘‘(I) United States Air Force Academy. 7
‘‘(J) Air University. 8
‘‘(K) Defense Language Institute. 9
‘‘(L) United States Coast Guard Academy. 10
‘‘(M) National Intelligence University. 11
‘‘(N) United States Merchant Marine 12
Academy. 13
‘‘(3) C
OVERED WORK .—The term ‘covered 14
work’ means a literary work produced by a covered 15
author in the course of employment at a covered in-16
stitution for publication by a scholarly press or jour-17
nal.’’. 18
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412
118
TH
CONGRESS
2
D
S
ESSION
S. 4443 A BILL
To authorize appropriations for fiscal year 2025 for
intelligence and intelligence-related activities of
the United States Government, the Intelligence
Community Management Account, and the Cen-
tral Intelligence Agency Retirement and Dis-
ability System, and for other purposes.
J
UNE
3, 2024
Reported the following original bill; which was read twice
and placed on the calendar
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