[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4443 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 412
118th CONGRESS
  2d Session
                                S. 4443

 To authorize appropriations for fiscal year 2025 for intelligence and 
 intelligence-related activities of the United States Government, the 
Intelligence Community Management Account, and the Central Intelligence 
    Agency Retirement and Disability System, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 3, 2024

  Mr. Warner, from the Select Committee on Intelligence, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
 To authorize appropriations for fiscal year 2025 for intelligence and 
 intelligence-related activities of the United States Government, the 
Intelligence Community Management Account, and the Central Intelligence 
    Agency Retirement and Disability System, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2025''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
Sec. 104. Increase in employee compensation and benefits authorized by 
                            law.
 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.
               TITLE III--INTELLIGENCE COMMUNITY MATTERS

Sec. 301. Improvements relating to conflicts of interest in the 
                            Intelligence Innovation Board.
Sec. 302. National Threat Identification and Prioritization Assessment 
                            and National Counterintelligence Strategy.
Sec. 303. Open Source Intelligence Division of Office of Intelligence 
                            and Analysis personnel.
Sec. 304. Appointment of Director of the Office of Intelligence and 
                            Counterintelligence.
Sec. 305. Improvements to advisory board of National Reconnaissance 
                            Office.
Sec. 306. National Intelligence University acceptance of grants.
Sec. 307. Protection of Central Intelligence Agency facilities and 
                            assets from unmanned aircraft.
Sec. 308. Limitation on availability of funds for new controlled access 
                            programs.
Sec. 309. Limitation on transfers from controlled access programs.
Sec. 310. Expenditure of funds for certain intelligence and 
                            counterintelligence activities of the Coast 
                            Guard.
Sec. 311. Unauthorized access to intelligence community property.
Sec. 312. Strengthening of Office of Intelligence and Analysis.
Sec. 313. Report on sensitive commercially available information.
Sec. 314. Policy on collection of United States location information.
Sec. 315. Display of flags, seals, and emblems other than the United 
                            States flag.
                  TITLE IV--COUNTERING FOREIGN THREATS

                 Subtitle A--People's Republic of China

Sec. 401. Strategy and outreach on risks posed by People's Republic of 
                            China smartport technology.
Sec. 402. Assessment of current status of biotechnology of People's 
                            Republic of China.
Sec. 403. Intelligence sharing with law enforcement agencies on 
                            synthetic opioid precursor chemicals 
                            originating in People's Republic of China.
Sec. 404. Report on efforts of the People's Republic of China to evade 
                            United States transparency and national 
                            security regulations.
Sec. 405. Plan for recruitment of Mandarin speakers.
                   Subtitle B--The Russian Federation

Sec. 411. Assessment of Russian Federation sponsorship of acts of 
                            international terrorism.
Sec. 412. Assessment of likely course of war in Ukraine.
                  Subtitle C--International Terrorism

Sec. 421. Inclusion of Hamas, Hezbollah, Al-Qaeda, and ISIS officials 
                            and members among aliens engaged in 
                            terrorist activity.
Sec. 422. Assessment and report on the threat of ISIS-Khorasan to the 
                            United States.
Sec. 423. Terrorist financing prevention.
                   Subtitle D--Other Foreign Threats

Sec. 431. Assessment of visa-free travel to and within Western 
                            Hemisphere by nationals of countries of 
                            concern.
Sec. 432. Study on threat posed by foreign investment in United States 
                            agricultural land.
Sec. 433. Assessment of threat posed by citizenship-by-investment 
                            programs.
Sec. 434. Mitigating the use of United States components and technology 
                            in hostile activities by foreign 
                            adversaries.
Sec. 435. Office of Intelligence and Counterintelligence review of 
                            visitors and assignees.
Sec. 436. Prohibition on National Laboratories admitting certain 
                            foreign nationals.
Sec. 437. Quarterly report on certain foreign nationals encountered at 
                            the United States border.
Sec. 438. Assessment of the lessons learned by the intelligence 
                            community with respect to the Israel-Hamas 
                            war.
Sec. 439. Central Intelligence Agency intelligence assessment on Tren 
                            de Aragua.
Sec. 440. Assessment of Maduro regime's economic and security 
                            relationships with state sponsors of 
                            terrorism and foreign terrorist 
                            organizations.
Sec. 441. Continued congressional oversight of Iranian expenditures 
                            supporting foreign military and terrorist 
                            activities.
                     TITLE V--EMERGING TECHNOLOGIES

Sec. 501. Strategy to counter foreign adversary efforts to utilize 
                            biotechnologies in ways that threaten 
                            United States national security.
Sec. 502. Improvements to the roles, missions, and objectives of the 
                            National Counterproliferation and 
                            Biosecurity Center.
Sec. 503. Enhancing capabilities to detect foreign adversary threats 
                            relating to biological data.
Sec. 504. National security procedures to address certain risks and 
                            threats relating to artificial 
                            intelligence.
Sec. 505. Establishment of Artificial Intelligence Security Center.
Sec. 506. Sense of Congress encouraging intelligence community to 
                            increase private sector capital 
                            partnerships and partnership with Office of 
                            Strategic Capital of Department of Defense 
                            to secure enduring technological 
                            advantages.
Sec. 507. Intelligence Community Technology Bridge Fund.
Sec. 508. Enhancement of authority for intelligence community public-
                            private talent exchanges.
Sec. 509. Enhancing intelligence community ability to acquire emerging 
                            technology that fulfills intelligence 
                            community needs.
Sec. 510. Management of artificial intelligence security risks.
Sec. 511. Protection of technological measures designed to verify 
                            authenticity or provenance of machine-
                            manipulated media.
Sec. 512. Sense of Congress on hostile foreign cyber actors.
Sec. 513. Designation of state sponsors of ransomware and reporting 
                            requirements.
Sec. 514. Deeming ransomware threats to critical infrastructure a 
                            national intelligence priority.
                    TITLE VI--CLASSIFICATION REFORM

Sec. 601. Governance of classification and declassification system.
Sec. 602. Classification and declassification of information.
Sec. 603. Minimum standards for Executive agency insider threat 
                            programs.
  TITLE VII--SECURITY CLEARANCES AND INTELLIGENCE COMMUNITY WORKFORCE 
                              IMPROVEMENTS

Sec. 701. Security clearances held by certain former employees of 
                            intelligence community.
Sec. 702. Policy for authorizing intelligence community program of 
                            contractor-owned and contractor-operated 
                            sensitive compartmented information 
                            facilities.
Sec. 703. Enabling intelligence community integration.
Sec. 704. Appointment of spouses of certain Federal employees.
Sec. 705. Plan for staffing the intelligence collection positions of 
                            the Central Intelligence Agency.
Sec. 706. Intelligence community workplace protections.
Sec. 707. Sense of Congress on Government personnel support for foreign 
                            terrorist organizations.
                       TITLE VIII--WHISTLEBLOWERS

Sec. 801. Improvements regarding urgent concerns submitted to 
                            Inspectors General of the intelligence 
                            community.
Sec. 802. Prohibition against disclosure of whistleblower identity as 
                            act of reprisal.
Sec. 803. Protection for individuals making authorized disclosures to 
                            Inspectors General of elements of the 
                            intelligence community.
Sec. 804. Clarification of authority of certain Inspectors General to 
                            receive protected disclosures.
Sec. 805. Whistleblower protections relating to psychiatric testing or 
                            examination.
Sec. 806. Establishing process parity for adverse security clearance 
                            and access determinations.
Sec. 807. Elimination of cap on compensatory damages for retaliatory 
                            revocation of security clearances and 
                            access determinations.
                  TITLE IX--ANOMALOUS HEALTH INCIDENTS

Sec. 901. Additional discretion for Director of Central Intelligence 
                            Agency in paying costs of treating 
                            qualifying injuries and making payments for 
                            qualifying injuries to the brain.
Sec. 902. Additional discretion for Secretary of State and heads of 
                            other Federal agencies in paying costs of 
                            treating qualifying injuries and making 
                            payments for qualifying injuries to the 
                            brain.
Sec. 903. Improved funding flexibility for payments made by Department 
                            of State for qualifying injuries to the 
                            brain.
               TITLE X--UNIDENTIFIED ANOMALOUS PHENOMENA

Sec. 1001. Comptroller General of the United States review of All-
                            domain Anomaly Resolution Office.
Sec. 1002. Sunset of requirements relating to audits of unidentified 
                            anomalous phenomena historical record 
                            report.
Sec. 1003. Funding limitations relating to unidentified anomalous 
                            phenomena.
                         TITLE XI--AIR AMERICA

Sec. 1101. Short title.
Sec. 1102. Findings.
Sec. 1103. Definitions.
Sec. 1104. Award authorized to eligible persons.
Sec. 1105. Funding limitation.
Sec. 1106. Time limitation.
Sec. 1107. Application procedures.
Sec. 1108. Rule of construction.
Sec. 1109. Attorneys' and agents' fees.
Sec. 1110. No judicial review.
Sec. 1111. Reports to Congress.
                        TITLE XII--OTHER MATTERS

Sec. 1201. Enhanced authorities for amicus curiae under the Foreign 
                            Intelligence Surveillance Act of 1978.
Sec. 1202. Limitation on directives under Foreign Intelligence 
                            Surveillance Act of 1978 relating to 
                            certain electronic communication service 
                            providers.
Sec. 1203. Strengthening Election Cybersecurity to Uphold Respect for 
                            Elections through Independent Testing Act 
                            of 2024.
Sec. 1204. Privacy and Civil Liberties Oversight Board qualifications.
Sec. 1205. Parity in pay for staff of the Privacy and Civil Liberties 
                            Oversight Board and the intelligence 
                            community.
Sec. 1206. Modification and repeal of reporting requirements.
Sec. 1207. Technical amendments.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Congressional intelligence committees.--The term 
        ``congressional intelligence committees'' has the meaning given 
        such term in section 3 of the National Security Act of 1947 (50 
        U.S.C. 3003).
            (2) Intelligence community.--The term ``intelligence 
        community'' has the meaning given such term in such section.

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2025 
for the conduct of the intelligence and intelligence-related activities 
of the Federal Government.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

    (a) Specifications of Amounts.--The amounts authorized to be 
appropriated under section 101 for the conduct of the intelligence 
activities of the Federal Government are those specified in the 
classified Schedule of Authorizations prepared to accompany this Act.
    (b) Availability of Classified Schedule of Authorizations.--
            (1) Availability.--The classified Schedule of 
        Authorizations referred to in subsection (a) shall be made 
        available to the Committee on Appropriations of the Senate, the 
        Committee on Appropriations of the House of Representatives, 
        and to the President.
            (2) Distribution by the president.--Subject to paragraph 
        (3), the President shall provide for suitable distribution of 
        the classified Schedule of Authorizations referred to in 
        subsection (a), or of appropriate portions of such Schedule, 
        within the executive branch of the Federal Government.
            (3) Limits on disclosure.--The President shall not publicly 
        disclose the classified Schedule of Authorizations or any 
        portion of such Schedule except--
                    (A) as provided in section 601(a) of the 
                Implementing Recommendations of the 9/11 Commission Act 
                of 2007 (50 U.S.C. 3306(a));
                    (B) to the extent necessary to implement the 
                budget; or
                    (C) as otherwise required by law.

SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of National Intelligence for fiscal year 2025 the sum of 
$656,573,000.
    (b) Classified Authorization of Appropriations.--In addition to 
amounts authorized to be appropriated for the Intelligence Community 
Management Account by subsection (a), there are authorized to be 
appropriated for the Intelligence Community Management Account for 
fiscal year 2025 such additional amounts as are specified in the 
classified Schedule of Authorizations referred to in section 102(a).

SEC. 104. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
              LAW.

    Appropriations authorized by this Act for salary, pay, retirement, 
and other benefits for Federal employees may be increased by such 
additional or supplemental amounts as may be necessary for increases in 
such compensation or benefits authorized by law.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund $514,000,000 for fiscal year 
2025.

               TITLE III--INTELLIGENCE COMMUNITY MATTERS

SEC. 301. IMPROVEMENTS RELATING TO CONFLICTS OF INTEREST IN THE 
              INTELLIGENCE INNOVATION BOARD.

    Section 7506(g) of the Intelligence Authorization Act for Fiscal 
Year 2024 (Public Law 118-31) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A), by inserting ``active 
                and'' before ``potential'';
                    (B) in subparagraph (B), by striking ``the 
                Inspector General of the Intelligence Community'' and 
                inserting ``the designated agency ethics official'';
                    (C) by redesignating subparagraph (C) as 
                subparagraph (D); and
                    (D) by inserting after subparagraph (B) the 
                following:
                    ``(C) Authority for the designated agency ethics 
                official to grant a waiver for a conflict of interest, 
                except that--
                            ``(i) no waiver may be granted for an 
                        active conflict of interest identified with 
                        respect to the Chair of the Board;
                            ``(ii) every waiver for a potential 
                        conflict of interest requires review and 
                        approval by the Director of National 
                        Intelligence; and
                            ``(iii) for every waiver granted, the 
                        designated agency ethics official shall submit 
                        to the congressional intelligence committees 
                        notice of the waiver.''; and
            (2) by adding at the end the following:
            ``(3) Definition of designated agency ethics official.--In 
        this subsection, the term `designated agency ethics official' 
        means the designated agency ethics official (as defined in 
        section 13101 of title 5, United States Code) in the Office of 
        the Director of National Intelligence.''.

SEC. 302. NATIONAL THREAT IDENTIFICATION AND PRIORITIZATION ASSESSMENT 
              AND NATIONAL COUNTERINTELLIGENCE STRATEGY.

    Section 904(f)(3) of the Counterintelligence Enhancement Act of 
2002 (50 U.S.C. 3383(f)(3)) is amended by striking ``National 
Counterintelligence Executive'' and inserting ``Director of the 
National Counterintelligence and Security Center''.

SEC. 303. OPEN SOURCE INTELLIGENCE DIVISION OF OFFICE OF INTELLIGENCE 
              AND ANALYSIS PERSONNEL.

    None of the funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2025 for the Office of 
Intelligence and Analysis of the Department of Homeland Security may be 
obligated or expended by the Office to increase, above the staffing 
level in effect on the day before the date of the enactment of this 
Act, the number of personnel assigned to the Open Source Intelligence 
Division who work exclusively or predominantly on domestic terrorism 
issues.

SEC. 304. APPOINTMENT OF DIRECTOR OF THE OFFICE OF INTELLIGENCE AND 
              COUNTERINTELLIGENCE.

    (a) In General.--Section 215(c) of the Department of Energy 
Organization Act (42 U.S.C. 7144b(c)) is amended to read as follows:
    ``(c) Director.--
            ``(1) Appointment.--The head of the Office shall be the 
        Director of the Office of Intelligence and Counterintelligence, 
        who shall be appointed by the President, by and with the advice 
        and consent of the Senate. The Director of the Office shall 
        report directly to the Secretary.
            ``(2) Term.--
                    ``(A) In general.--The Director shall serve for a 
                term of 6 years.
                    ``(B) Reappointment.--The Director shall be 
                eligible for reappointment for 1 or more terms.
            ``(3) Qualifications.--The Director shall--
                    ``(A) be an employee in the Senior Executive 
                Service, the Senior Intelligence Service, the Senior 
                National Intelligence Service, or any other Service 
                that the Secretary, in coordination with the Director 
                of National Intelligence, considers appropriate; and
                    ``(B) have substantial expertise in matters 
                relating to the intelligence community, including 
                foreign intelligence and counterintelligence.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on January 21, 2025.

SEC. 305. IMPROVEMENTS TO ADVISORY BOARD OF NATIONAL RECONNAISSANCE 
              OFFICE.

    Section 106A(d) of the National Security Act of 1947 (50 U.S.C. 
3041a(d)) is amended--
            (1) in paragraph (3)(A)--
                    (A) in clause (i)--
                            (i) by striking ``five members appointed by 
                        the Director, in consultation with the Director 
                        of National Intelligence and the Secretary of 
                        Defense,'' and inserting ``up to 8 members 
                        appointed by the Director''; and
                            (ii) by inserting ``, and who do not 
                        present any actual or potential conflict of 
                        interest'' before the period at the end;
                    (B) by redesignating clause (ii) as clause (iii); 
                and
                    (C) by inserting after clause (i) the following:
                            ``(ii) Membership structure.--The Director 
                        shall ensure that no more than 2 concurrently 
                        serving members of the Board qualify for 
                        membership on the Board based predominantly on 
                        a single qualification set forth under clause 
                        (i).'';
            (2) by redesignating paragraphs (5) through (7) as 
        paragraphs (6) through (8), respectively;
            (3) by inserting after paragraph (4) the following:
            ``(5) Charter.--The Director shall establish a charter for 
        the Board that includes the following:
                    ``(A) Mandatory processes for identifying potential 
                conflicts of interest, including the submission of 
                initial and periodic financial disclosures by Board 
                members.
                    ``(B) The vetting of potential conflicts of 
                interest by the designated agency ethics official, 
                except that no individual waiver may be granted for a 
                conflict of interest identified with respect to the 
                Chair of the Board.
                    ``(C) The establishment of a process and associated 
                protections for any whistleblower alleging a violation 
                of applicable conflict of interest law, Federal 
                contracting law, or other provision of law.''; and
            (4) in paragraph (8), as redesignated by paragraph (2), by 
        striking ``September 30, 2024'' and inserting ``August 31, 
        2027''.

SEC. 306. NATIONAL INTELLIGENCE UNIVERSITY ACCEPTANCE OF GRANTS.

    (a) In General.--Subtitle D of title X of the National Security Act 
of 1947 (50 U.S.C. 3227 et seq.) is amended by adding at the end the 
following:
``Sec. 1035. National Intelligence University acceptance of grants
    ``(a) Authority.--The Director of National Intelligence may 
authorize the President of the National Intelligence University to 
accept qualifying research grants.
    ``(b) Qualifying Grants.--A qualifying research grant under this 
section is a grant that is awarded on a competitive basis by an entity 
referred to in subsection (c) for a research project with a scientific, 
literary, or educational purpose.
    ``(c) Entities From Which Grants May Be Accepted.--A qualifying 
research grant may be accepted under this section only from a Federal 
agency or from a corporation, fund, foundation, educational 
institution, or similar entity that is organized and operated primarily 
for scientific, literary, or educational purposes.
    ``(d) Administration of Grant Funds.--
            ``(1) Establishment of account.--The Director shall 
        establish an account for administering funds received as 
        qualifying research grants under this section.
            ``(2) Use of funds.--The President of the University shall 
        use the funds in the account established pursuant to paragraph 
        (1) in accordance with applicable provisions of the regulations 
        and the terms and conditions of the grants received.
    ``(e) Related Expenses.--Subject to such limitations as may be 
provided in appropriations Acts, appropriations available for the 
National Intelligence University may be used to pay expenses incurred 
by the University in applying for, and otherwise pursuing, the award of 
qualifying research grants.
    ``(f) Regulations.--The Director of National Intelligence shall 
prescribe regulations for the administration of this section.''.
    (b) Clerical Amendment.--The table of contents preceding section 2 
of such Act is amended by inserting after the item relating to section 
1034 the following new item:

``Sec. 1035. National Intelligence University acceptance of grants.''.

SEC. 307. PROTECTION OF CENTRAL INTELLIGENCE AGENCY FACILITIES AND 
              ASSETS FROM UNMANNED AIRCRAFT.

    The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et 
seq.) is amended by inserting after section 15 the following new 
section (and conforming the table of contents at the beginning of such 
Act accordingly):

``SEC. 15A. PROTECTION OF CERTAIN FACILITIES AND ASSETS FROM UNMANNED 
              AIRCRAFT.

    ``(a) Definitions.--In this section:
            ``(1) Budget.--The term `budget', with respect to a fiscal 
        year, means the budget for that fiscal year that is submitted 
        to Congress by the President under section 1105(a) of title 31, 
        United States Code.
            ``(2) Congressional intelligence committees.--The term 
        `congressional intelligence committees' means--
                    ``(A) the Select Committee on Intelligence of the 
                Senate;
                    ``(B) the Permanent Select Committee on 
                Intelligence of the House of Representatives;
                    ``(C) the Subcommittee on Defense of the Committee 
                on Appropriations of the Senate; and
                    ``(D) the Subcommittee on Defense of the Committee 
                on Appropriations of the House of Representatives.
            ``(3) Congressional judiciary committees.--The term 
        `congressional judiciary committees' means--
                    ``(A) the Committee on the Judiciary of the Senate; 
                and
                    ``(B) the Committee on the Judiciary of the House 
                of Representatives.
            ``(4) Congressional transportation and infrastructure 
        committees.--The term `congressional transportation and 
        infrastructure committees' means--
                    ``(A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    ``(B) the Committee on Transportation and 
                Infrastructure of the House of Representatives.
            ``(5) Covered facility or asset.--The term `covered 
        facility or asset' means property owned, leased, or controlled 
        by the Agency, property controlled and occupied by the Federal 
        Highway Administration, located immediately adjacent to the 
        headquarters compound of the Agency, and property owned, 
        leased, or controlled by the Office of the Director of National 
        Intelligence where the property--
                    ``(A) is identified as high-risk and a potential 
                target for unlawful unmanned aircraft activity by the 
                Director, in coordination with the Secretary of 
                Transportation, with respect to potentially impacted 
                airspace, through a risk-based assessment for purposes 
                of this section;
                    ``(B) is located in the United States and beneath 
                airspace that is prohibited or restricted by the 
                Federal Aviation Administration;
                    ``(C) is a property of which Congress has been 
                notified is covered under this paragraph; and
                    ``(D) directly relates to one or more functions 
                authorized to be performed by the Agency, pursuant to 
                the National Security Act of 1947 (50 U.S.C. 3001) or 
                this Act.
            ``(6) Electronic communication.--The term `electronic 
        communication' has the meaning given such term in section 2510 
        of title 18, United States Code.
            ``(7) Intercept.--The term `intercept' has the meaning 
        given such term in section 2510 of title 18, United States 
        Code.
            ``(8) Oral communication.--The term `oral communication' 
        has the meaning given such term in section 2510 of title 18, 
        United States Code.
            ``(9) Radio communication.--The term `radio communication' 
        has the meaning given that term in section 3 of the 
        Communications Act of 1934 (47 U.S.C. 153).
            ``(10) Risk-based assessment.--The term `risk-based 
        assessment' includes an evaluation of threat information 
        specific to a covered facility or asset and, with respect to 
        potential impacts on the safety and efficiency of the National 
        Airspace System and the needs of national security at each 
        covered facility or asset identified by the Director, an 
        evaluation of each of the following factors:
                    ``(A) Potential impacts to safety, efficiency, and 
                use of the National Airspace System, including 
                potential effects on manned aircraft and unmanned 
                aircraft systems, aviation safety, airport operations, 
                infrastructure, and air navigation services relating to 
                the use of any system or technology for carrying out 
                the actions described in subsection (c)(1).
                    ``(B) Options for mitigating any identified impacts 
                to the National Airspace System relating to the use of 
                any system or technology, including minimizing when 
                possible the use of any system or technology that 
                disrupts the transmission of radio or electronic 
                signals, for carrying out the actions described in 
                subsection (c)(1).
                    ``(C) Potential consequences of the effects of any 
                actions taken under subsection (c)(1) to the National 
                Airspace System and infrastructure if not mitigated.
                    ``(D) The ability to provide reasonable advance 
                notice to aircraft operators consistent with the safety 
                of the National Airspace System and the needs of 
                national security.
                    ``(E) The setting and character of any covered 
                facility or asset, including whether it is located in a 
                populated area or near other structures, and any 
                potential for interference with wireless communications 
                or for injury or damage to persons or property.
                    ``(F) Potential consequences to national security 
                if threats posed by unmanned aircraft systems or 
                unmanned aircraft are not mitigated or defeated.
            ``(11) United states.--The term `United States' has the 
        meaning given that term in section 5 of title 18, United States 
        Code.
            ``(12) Unmanned aircraft; unmanned aircraft system.--The 
        terms `unmanned aircraft' and `unmanned aircraft system' have 
        the meanings given those terms in section 44801 of title 49, 
        United States Code.
            ``(13) Wire communication.--The term `wire communication' 
        has the meaning given such term in section 2510 of title 18, 
        United States Code.
    ``(b) Authority.--Notwithstanding section 46502 of title 49, United 
States Code, or sections 32, 1030, and 1367 and chapters 119 and 206 of 
title 18, United States Code, or section 705 of the Communications Act 
of 1934 (47 U.S.C. 605), the Director may take, and may authorize 
Agency personnel with assigned duties that include the security or 
protection of people, facilities, or assets within the United States to 
take--
            ``(1) such actions described in subsection (c)(1) that are 
        necessary to mitigate a credible threat (as defined by the 
        Director, in consultation with the Secretary of Transportation) 
        that an unmanned aircraft system or unmanned aircraft poses to 
        the safety or security of a covered facility or asset; and
            ``(2) such actions described in subsection (c)(3).
    ``(c) Actions.--
            ``(1) Actions described.--The actions described in this 
        paragraph are the following:
                    ``(A) During the operation of the unmanned aircraft 
                system, detect, identify, monitor, and track the 
                unmanned aircraft system or unmanned aircraft, without 
                prior consent, including by means of intercept or other 
                access of a wire communication, an oral communication, 
                or an electronic communication used to control the 
                unmanned aircraft system or unmanned aircraft.
                    ``(B) Warn the operator of the unmanned aircraft 
                system or unmanned aircraft, including by passive or 
                active and by direct or indirect physical, electronic, 
                radio, or electromagnetic means.
                    ``(C) Disrupt control of the unmanned aircraft 
                system or unmanned aircraft, without prior consent, 
                including by disabling the unmanned aircraft system or 
                unmanned aircraft by intercepting, interfering, or 
                causing interference with wire, oral, electronic, or 
                radio communications used to control the unmanned 
                aircraft system or unmanned aircraft.
                    ``(D) Seize or exercise control over the unmanned 
                aircraft system or unmanned aircraft.
                    ``(E) Seize or otherwise confiscate the unmanned 
                aircraft system or unmanned aircraft.
                    ``(F) Use reasonable force, if necessary, to seize 
                or otherwise disable, damage, or destroy the unmanned 
                aircraft system or unmanned aircraft.
            ``(2) Coordination.--The Director shall develop the actions 
        described in paragraph (1) in coordination with the Secretary 
        of Transportation.
            ``(3) Research, testing, training, and evaluation.--
                    ``(A) In general.--The Director shall conduct 
                research, testing, training on, and evaluation of any 
                equipment, including any electronic equipment, to 
                determine the capability and utility of the equipment 
                prior to the use of the equipment for any action 
                described in paragraph (1).
                    ``(B) Personnel.--Personnel and contractors who do 
                not have assigned duties that include the security or 
                protection of people, facilities, or assets may engage 
                in research, testing, training, and evaluation 
                activities pursuant to subparagraph (A).
            ``(4) FAA coordination.--The Director shall coordinate with 
        the Administrator of the Federal Aviation Administration on any 
        action described in paragraph (1) or (3) so the Administrator 
        may ensure that unmanned aircraft system detection and 
        mitigation systems do not adversely affect or interfere with 
        safe airport operations, navigation, air traffic services, or 
        the safe and efficient operation of the National Airspace 
        System.
    ``(d) Forfeiture.--Any unmanned aircraft system or unmanned 
aircraft that is seized pursuant to subsection (b) as described in 
subsection (c)(1) is subject to forfeiture to the United States.
    ``(e) Regulations and Guidance.--
            ``(1) Issuance.--The Director and the Secretary of 
        Transportation may each prescribe regulations, and shall each 
        issue guidance, to carry out this section.
            ``(2) Coordination.--
                    ``(A) Requirement.--The Director shall coordinate 
                the development of guidance under paragraph (1) with 
                the Secretary of Transportation.
                    ``(B) Aviation safety.--The Director shall 
                coordinate with the Secretary of Transportation and the 
                Administrator of the Federal Aviation Administration 
                before issuing any guidance, or otherwise implementing 
                this section, so the Administrator may ensure that 
                unmanned aircraft system detection and mitigation 
                systems do not adversely affect or interfere with safe 
                airport operations, navigation, air traffic services, 
                or the safe and efficient operation of the National 
                Airspace System.
    ``(f) Privacy Protection.--The regulations prescribed or guidance 
issued under subsection (e) shall ensure that--
            ``(1) the interception or acquisition of, or access to, or 
        maintenance or use of, communications to or from an unmanned 
        aircraft system or unmanned aircraft under this section is 
        conducted in a manner consistent with the First and Fourth 
        Amendments to the Constitution of the United States and 
        applicable provisions of Federal law;
            ``(2) communications to or from an unmanned aircraft system 
        or unmanned aircraft are intercepted or acquired only to the 
        extent necessary to support an action described in subsection 
        (c);
            ``(3) records of such communications are maintained only 
        for as long as necessary, and in no event for more than 180 
        days, unless the Director determines that maintenance of such 
        records for a longer period is necessary for the investigation 
        or prosecution of a violation of law, to fulfill a duty, 
        responsibility, or function of the Agency, is required under 
        Federal law, or for the purpose of any litigation; and
            ``(4) such communications are not disclosed outside the 
        Agency unless the disclosure--
                    ``(A) is necessary to investigate or prosecute a 
                violation of law;
                    ``(B) would support the Agency, the Department of 
                Defense, a Federal law enforcement, intelligence, or 
                security agency, a State, local, Tribal, or territorial 
                law enforcement agency, or other relevant person or 
                entity if such entity or person is engaged in a 
                security or protection operation;
                    ``(C) is necessary to support a department or 
                agency listed in subparagraph (B) in investigating or 
                prosecuting a violation of law;
                    ``(D) would support the enforcement activities of a 
                regulatory agency of the Federal Government in 
                connection with a criminal or civil investigation of, 
                or any regulatory, statutory, or other enforcement 
                action relating to, an action described in subsection 
                (b);
                    ``(E) is necessary to protect against dangerous or 
                unauthorized activity by unmanned aircraft systems or 
                unmanned aircraft;
                    ``(F) is necessary to fulfill a duty, 
                responsibility, or function of the Agency; or
                    ``(G) is otherwise required by law.
    ``(g) Budget.--
            ``(1) In general.--The Director shall submit to the 
        congressional intelligence committees, as a part of the budget 
        request of the Agency for each fiscal year after fiscal year 
        2025, a consolidated funding display that identifies the 
        funding source for the actions described in subsection (c)(1) 
        within the Agency.
            ``(2) Form.--Each funding display submitted pursuant to 
        paragraph (1) shall be in unclassified form, but may contain a 
        classified annex.
    ``(h) Semiannual Briefings and Notifications.--
            ``(1) Briefings.--Not later than 180 days after the date of 
        the enactment of the Intelligence Authorization Act for Fiscal 
        Year 2025 and semiannually thereafter, the Director shall 
        provide the congressional intelligence committees, the 
        congressional judiciary committees, and the congressional 
        transportation and infrastructure committees a briefing on the 
        activities carried out pursuant to this section during the 
        period covered by the briefing.
            ``(2) Requirement.--Each briefing under paragraph (1) shall 
        be conducted jointly with the Secretary of Transportation.
            ``(3) Contents.--Each briefing under paragraph (1) shall 
        include, for the period covered by the briefing, the following:
                    ``(A) Policies, programs, and procedures to 
                mitigate or eliminate the effects of the activities 
                described in paragraph (1) to the National Airspace 
                System and other critical national transportation 
                infrastructure.
                    ``(B) A description of instances in which actions 
                described in subsection (c)(1) have been taken, 
                including all such instances that may have resulted in 
                harm, damage, or loss to a person or to private 
                property.
                    ``(C) A description of the guidance, policies, or 
                procedures established to address privacy, civil 
                rights, and civil liberties issues affected by the 
                actions allowed under this section, as well as any 
                changes or subsequent efforts that would significantly 
                affect privacy, civil rights, or civil liberties.
                    ``(D) A description of options considered and steps 
                taken to mitigate any identified effects on the 
                National Airspace System relating to the use of any 
                system or technology, including the minimization of the 
                use of any technology that disrupts the transmission of 
                radio or electronic signals, for carrying out the 
                actions described in subsection (c)(1).
                    ``(E) A description of instances in which 
                communications intercepted or acquired during the 
                course of operations of an unmanned aircraft system or 
                unmanned aircraft were maintained for more than 180 
                days or disclosed outside the Agency.
                    ``(F) How the Director and the Secretary of 
                Transportation have informed the public as to the 
                possible use of authorities under this section.
                    ``(G) How the Director and the Secretary of 
                Transportation have engaged with Federal, State, local, 
                territorial, or Tribal law enforcement agencies to 
                implement and use such authorities.
                    ``(H) An assessment of whether any gaps or 
                insufficiencies remain in statutes, regulations, and 
                policies that impede the ability of the Agency to 
                counter the threat posed by the malicious use of 
                unmanned aircraft systems and unmanned aircraft and any 
                recommendations to remedy such gaps or insufficiencies.
            ``(4) Form.--Each briefing under paragraph (1) shall be in 
        unclassified form, but may be accompanied by an additional 
        classified report.
            ``(5) Notification.--
                    ``(A) In general.--Within 30 days of deploying any 
                new technology to carry out the actions described in 
                subsection (c)(1), the Director shall submit to the 
                congressional intelligence committees a notification of 
                the deployment of such technology.
                    ``(B) Contents.--Each notification submitted 
                pursuant to subparagraph (A) shall include a 
                description of options considered to mitigate any 
                identified effects on the National Airspace System 
                relating to the use of any system or technology, 
                including the minimization of the use of any technology 
                that disrupts the transmission of radio or electronic 
                signals, for carrying out the actions described in 
                subsection (c)(1).
    ``(i) Rule of Construction.--Nothing in this section may be 
construed--
            ``(1) to vest in the Director any authority of the 
        Secretary of Transportation or the Administrator of the Federal 
        Aviation Administration; or
            ``(2) to vest in the Secretary of Transportation or the 
        Administrator of the Federal Aviation Administration any 
        authority of the Director.
    ``(j) Termination.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        authority to carry out this section with respect to the actions 
        specified in subparagraphs (B) through (F) of subsection 
        (c)(1), shall terminate on the date that is 4 years after the 
        date of the enactment of the Intelligence Authorization Act for 
        Fiscal Year 2025.
            ``(2) Extension.--The President may extend by 1 year the 
        termination date specified in paragraph (1) if, before 
        termination, the President certifies to Congress that such 
        extension is in the national security interests of the United 
        States.
    ``(k) Scope of Authority.--Nothing in this section shall be 
construed to provide the Director or the Secretary of Transportation 
with additional authorities beyond those described in subsections (b) 
and (d).''.

SEC. 308. LIMITATION ON AVAILABILITY OF FUNDS FOR NEW CONTROLLED ACCESS 
              PROGRAMS.

    None of the funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2025 for the National 
Intelligence Program may be obligated or expended for any controlled 
access program (as defined in section 501A(d) of the National Security 
Act of 1947 (50 U.S.C. 3091a(d))), or a compartment or subcompartment 
therein, that is established on or after the date of the enactment of 
this Act, until the head of the element of the intelligence community 
responsible for the establishment of such program, compartment, or 
subcompartment, submits the notification required by section 501A(b) of 
the National Security Act of 1947 (50 U.S.C. 3091a(b)).

SEC. 309. LIMITATION ON TRANSFERS FROM CONTROLLED ACCESS PROGRAMS.

    Section 501A(b) of the National Security Act of 1947 (50 U.S.C. 
3091a(b)) is amended--
            (1) in the subsection heading, by striking ``Limitation on 
        Establishment'' and inserting ``Limitations'';
            (2) by striking ``A head'' and inserting the following:
            ``(1) Establishment.--A head''; and
            (3) by adding at the end the following:
            ``(2) Transfers.--A head of an element of the intelligence 
        community may not transfer a capability from a controlled 
        access program, including from a compartment or subcompartment 
        therein to a compartment or subcompartment of another 
        controlled access program, to a special access program (as 
        defined in section 1152(g) of the National Defense 
        Authorization Act for Fiscal Year 1994 (50 U.S.C. 3348(g))), or 
        to anything else outside the controlled access program, until 
        the head submits to the appropriate congressional committees 
        and congressional leadership notice of the intent of the head 
        to make such transfer.''.

SEC. 310. EXPENDITURE OF FUNDS FOR CERTAIN INTELLIGENCE AND 
              COUNTERINTELLIGENCE ACTIVITIES OF THE COAST GUARD.

    The Commandant of the Coast Guard may use up to 1 percent of the 
amounts made available for the National Intelligence Program (as such 
term is defined in section 3 of the National Security Act of 1947 (50 
U.S.C. 3003)) for each fiscal year for intelligence and 
counterintelligence activities of the Coast Guard relating to objects 
of a confidential, extraordinary, or emergency nature, which amounts 
may be accounted for solely on the certification of the Commandant and 
each such certification shall be considered to be a sufficient voucher 
for the amount contained in the certification.

SEC. 311. UNAUTHORIZED ACCESS TO INTELLIGENCE COMMUNITY PROPERTY.

    (a) In General.--The National Security Act of 1947 (50 U.S.C. 3001 
et seq.) is amended by adding at the end the following:

``SEC. 1115. UNAUTHORIZED ACCESS TO INTELLIGENCE COMMUNITY PROPERTY.

    ``(a) In General.--It shall be unlawful, within the jurisdiction of 
the United States, without authorization to access any property that--
            ``(1) is under the jurisdiction of an element of the 
        intelligence community; and
            ``(2) has been clearly marked as closed or restricted.
    ``(b) Penalties.--Any person who violates subsection (a) shall--
            ``(1) in the case of the first offense, be fined under 
        title 18, United States Code, imprisoned for not more than 180 
        days, or both;
            ``(2) in the case of the second offense, be fined under 
        such title, imprisoned for not more than 3 years, or both; and
            ``(3) in the case of the third or subsequent offense, be 
        fined under such title, imprisoned for not more than 10 years, 
        or both.''.
    (b) Clerical Amendment.--The table of contents preceding section 2 
of such Act is amended by adding at the end the following:

``Sec. 1115. Unauthorized access to intelligence community property.''.

SEC. 312. STRENGTHENING OF OFFICE OF INTELLIGENCE AND ANALYSIS.

    (a) In General.--Section 311 of title 31, United States Code, is 
amended to read as follows:
``Sec. 311. Office of Economic Intelligence and Security
    ``(a) Definitions.--In this section, the terms 
`counterintelligence', `foreign intelligence', and `intelligence 
community' have the meanings given such terms in section 3 of the 
National Security Act of 1947 (50 U.S.C. 3003).
    ``(b) Establishment.--There is established within the Office of 
Terrorism and Financial Intelligence of the Department of the Treasury, 
the Office of Economic Intelligence and Security (in this section 
referred to as the `Office'), which shall--
            ``(1) be responsible for the receipt, analysis, collation, 
        and dissemination of foreign intelligence and foreign 
        counterintelligence information relating to the operation and 
        responsibilities of the Department of the Treasury and other 
        Federal agencies executing economic statecraft tools that do 
        not include any elements that are elements of the intelligence 
        community;
            ``(2) provide intelligence support and economic analysis to 
        Federal agencies implementing United States economic policy, 
        including for purposes of global strategic competition; and
            ``(3) have such other related duties and authorities as may 
        be assigned by the Secretary for purposes of the 
        responsibilities described in paragraph (1), subject to the 
        authority, direction, and control of the Secretary, in 
        consultation with the Director of National Intelligence.
    ``(c) Assistant Secretary for Economic Intelligence and Security.--
The Office shall be headed by an Assistant Secretary, who shall be 
appointed by the President, by and with the advice and consent of the 
Senate. The Assistant Secretary shall report directly to the 
Undersecretary for Terrorism and Financial Crimes.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 3 of such title is amended by striking the item relating to 
section 311 and inserting the following:

``311. Office of Economic Intelligence and Security.''.
    (c) Conforming Amendment.--Section 3(4)(J) of the National Security 
Act of 1947 (50 U.S.C. 3003(4)(J)) is amended by striking ``Office of 
Intelligence and Analysis'' and inserting ``Office of Economic 
Intelligence and Security''.
    (d) References.--Any reference in a law, regulation, document, 
paper, or other record of the United States to the Office of 
Intelligence and Analysis of the Department of the Treasury shall be 
deemed a reference to the Office of Economic Intelligence and Security 
of the Department of the Treasury.

SEC. 313. REPORT ON SENSITIVE COMMERCIALLY AVAILABLE INFORMATION.

    (a) Definitions.--
            (1) Commercially available information.--The term 
        ``commercially available information'' means--
                    (A) any data or other information of the type 
                customarily made available or obtainable and sold, 
                leased, or licensed to members of the general public or 
                to non-governmental entities for purposes other than 
                governmental purposes; or
                    (B) data and information for exclusive government 
                use knowingly and voluntarily provided by, procured 
                from, or made accessible by corporate entities on their 
                own initiative or at the request of a government 
                entity.
            (2) Personally identifiable information.--The term 
        ``personally identifiable information'' means information that, 
        alone or when combined with other information regarding an 
        individual, can be used to distinguish or trace the identity of 
        such individual.
            (3) Sensitive activities.--The term ``sensitive 
        activities'' means activities that, over an extended period of 
        time--
                    (A) establish a pattern of life;
                    (B) reveal personal affiliations, preferences, or 
                identifiers;
                    (C) facilitate prediction of future acts;
                    (D) enable targeting activities;
                    (E) reveal the exercise of individual rights and 
                freedoms, including the rights to freedom of speech and 
                of the press, to free exercise of religion, to 
                peaceably assemble, including membership or 
                participation in organizations or associations, and to 
                petition the government; or
                    (F) reveal any other activity the disclosure of 
                which could cause substantial harm, embarrassment, 
                inconvenience, or unfairness to the United States 
                person who engaged in the activity.
            (4) Sensitive commercially available information.--The term 
        ``sensitive commercially available information''--
                    (A) means commercially available information that 
                is known or reasonably expected to contain--
                            (i) a substantial volume of personally 
                        identifiable information regarding United 
                        States persons; or
                            (ii) a greater than de minims volume of 
                        sensitive data;
                    (B) shall not include--
                            (i) newspapers or other periodicals;
                            (ii) weather reports;
                            (iii) books;
                            (iv) journal articles or other published 
                        works;
                            (v) public filings or records;
                            (vi) documents or databases similar to 
                        those described in clauses (i) through (v), 
                        whether accessed through a subscription or 
                        accessible free of cost; or
                            (vii) limited data samples made available 
                        to elements of the intelligence community for 
                        the purposes of allowing such elements to 
                        determine whether to purchase the full dataset 
                        and not accessed, retained, or used for any 
                        other purpose.
            (5) Sensitive data.--The term ``sensitive data'' means data 
        that--
                    (A)(i) captures personal attributes, conditions, or 
                identifiers that are traceable to 1 or more specific 
                United States persons, either through the dataset or by 
                correlating the dataset with other available 
                information; and
                    (ii) concerns the race or ethnicity, political 
                opinions, religious beliefs, sexual orientation, gender 
                identity, medical or genetic information, financial 
                data, or any other data with respect to such specific 
                United States person or United States persons the 
                disclosure of which would have the potential to cause 
                substantial harm, embarrassment, inconvenience, or 
                unfairness to the United States person or United States 
                persons described by the data; or
                    (B) captures the sensitive activities of 1 or more 
                United States persons.
            (6) United states person.--The term ``United States 
        person'' means--
                    (A) a United States citizen or an alien lawfully 
                admitted for permanent residence to the United States;
                    (B) an unorganized association substantially 
                composed of United States citizens or permanent 
                resident aliens; or
                    (C) an entity organized under the laws of the 
                United States or of any jurisdiction within the United 
                States, with the exception of any such entity directed 
                or controlled by a foreign government.
    (b) Report.--
            (1) In general.--Not later than 60 days after the date of 
        the enactment of this Act, and annually thereafter, the head of 
        each element of the intelligence community shall submit to the 
        congressional intelligence committees a report on the access 
        to, collection, processing, and use of sensitive commercially 
        available information by the respective element.
            (2) Contents.--
                    (A) In general.--For each dataset containing 
                sensitive commercially available information accessed, 
                collected, processed, or used by the element concerned 
                for purposes other than research and development, a 
                report required by paragraph (1) shall include the 
                following:
                            (i) A description of the nature and volume 
                        of the sensitive commercially available 
                        information accessed or collected by the 
                        element.
                            (ii) A description of the mission or 
                        administrative need or function for which the 
                        sensitive commercially available information is 
                        accessed or collected, and of the nature, 
                        scope, reliability, and timeliness of the 
                        dataset required to fulfill such mission or 
                        administrative need or function.
                            (iii) A description of the purpose of the 
                        access, collection, or processing, and the 
                        intended use of the sensitive commercially 
                        available information.
                            (iv) An identification of the legal 
                        authority for the collection or access, and 
                        processing of the sensitive commercially 
                        available information.
                            (v) An identification of the source of the 
                        sensitive commercially available information 
                        and the persons from whom the sensitive 
                        commercially available information was accessed 
                        or collected.
                            (vi) A description of the mechanics of the 
                        access, collection, and processing of the 
                        sensitive commercially available information, 
                        including the Federal entities that 
                        participated in the procurement process.
                            (vii) A description of the method by which 
                        the element has limited the access to and 
                        collection and processing of the sensitive 
                        commercially available information to the 
                        maximum extent feasible consistent with the 
                        need to fulfill the mission or administrative 
                        need.
                            (viii) An assessment of whether the mission 
                        or administrative need can be fulfilled if 
                        reasonably available privacy-enhancing 
                        techniques, such as filtering or anonymizing, 
                        the application of traditional safeguards, 
                        including access limitations and retention 
                        limits, differential privacy techniques, or 
                        other information-masking techniques, such as 
                        restrictions or correlation, are implemented 
                        with respect to information concerning United 
                        States persons.
                            (ix) An assessment of the privacy and civil 
                        liberties risks associated with accessing, 
                        collecting, or processing the data and the 
                        methods by which the element mitigates such 
                        risks.
                            (x) An assessment of the applicability of 
                        section 552a of title 5, United States Code 
                        (commonly referred to as the ``Privacy Act of 
                        1974''), if any.
                            (xi) To the extent feasible, an assessment 
                        of the original source of the data and the 
                        method through which the dataset was generated 
                        and aggregated, and whether any element of the 
                        intelligence community previously accessed or 
                        collected the same or similar sensitive 
                        commercially available information from the 
                        source.
                            (xii) An assessment of the quality and 
                        integrity of the data, including, as 
                        appropriate, whether the sensitive commercially 
                        available information reflects any underlying 
                        biases or inferences, and efforts to ensure 
                        that any intelligence products created with the 
                        data are consistent with the standards of the 
                        intelligence community for accuracy and 
                        objectivity.
                            (xiii) An assessment of the security, 
                        operational, and counterintelligence risks 
                        associated with the means of accessing or 
                        collecting the data, and recommendations for 
                        how the element could mitigate such risks.
                            (xiv) A description of the system in which 
                        the data is retained and processed and how the 
                        system is properly secured while allowing for 
                        effective implementation, management, and 
                        audit, as practicable, of relevant privacy and 
                        civil liberties protections.
                            (xv) An assessment of security risks posed 
                        by the system architecture of vendors providing 
                        sensitive commercially available information or 
                        access to such sensitive commercially available 
                        information, access restrictions for the data 
                        repository of each such vendor, and the 
                        vendor's access to query terms and, if any, 
                        relevant safeguards.
                            (xvi) A description of procedures to 
                        restrict access to the sensitive commercially 
                        available information.
                            (xvii) A description of procedures for 
                        conducting, approving, documenting, and 
                        auditing queries, searches, or correlations 
                        with respect to the sensitive commercially 
                        available information.
                            (xviii) A description of procedures for 
                        restricting dissemination of the sensitive 
                        commercially available information, including 
                        deletion of information of United States 
                        persons returned in response to a query or 
                        other search unless the information is assessed 
                        to be associated or potentially associated with 
                        the documented mission-related justification 
                        for the query or search.
                            (xix) A description of masking and other 
                        privacy-enhancing techniques used by the 
                        element to protect sensitive commercially 
                        available information.
                            (xx) A description of any retention and 
                        deletion policies.
                            (xxi) A determination of whether 
                        unevaluated data or information has been made 
                        available to other elements of the intelligence 
                        community or foreign partners and, if so, 
                        identification of those elements or partners.
                            (xxii) A description of any licensing 
                        agreements or contract restrictions with 
                        respect to the sensitive commercially available 
                        information.
                            (xxiii) A data management plan for the 
                        lifecycle of the data, from access or 
                        collection to disposition.
                            (xxiv) For any item required by clauses (i) 
                        through (xxiii) that cannot be completed due to 
                        exigent circumstances relating to collecting, 
                        accessing, processing, or using sensitive 
                        commercially available information, a 
                        description of such exigent circumstances.
                    (B) Research and development data.--For each 
                dataset containing sensitive commercially available 
                information accessed, collected, processed, or used by 
                the element concerned solely for research and 
                development purposes, a report required by paragraph 
                (1) may be limited to a description of the oversight by 
                the element of such access, collection, process, and 
                use.
    (c) Public Report.--The Director of National Intelligence shall 
make available to the public, once every 2 years, a report on the 
policies and procedures of the intelligence community with respect to 
access to and collection, processing, and safeguarding of sensitive 
commercially available information.

SEC. 314. POLICY ON COLLECTION OF UNITED STATES LOCATION INFORMATION.

    (a) Definitions.--In this section:
            (1) United states location information.--The term ``United 
        States location information'' means information derived or 
        otherwise calculated from the transmission or reception of a 
        radio signal that reveals the approximate or actual geographic 
        location of a customer, subscriber, user, or device in the 
        United States, or, if the customer, subscriber, or user is 
        known to be a United States person, outside the United States.
            (2) United states person.--The term ``United States 
        person'' has the meaning given that term in section 101 of the 
        Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1801).
    (b) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Director of National Intelligence, in 
coordination with the Attorney General, shall issue a policy on the 
collection of United States location information by the intelligence 
community.
    (c) Content.--The policy required by subsection (a) shall address 
the filtering, segregation, use, dissemination, masking, and retention 
of United States location information.
    (d) Form; Public Availability.--The policy required by subsection 
(a)--
            (1) shall be issued in unclassified form and made available 
        to the public; and
            (2) may include a classified annex, which the Director of 
        National Intelligence shall submit to the congressional 
        intelligence committees.

SEC. 315. DISPLAY OF FLAGS, SEALS, AND EMBLEMS OTHER THAN THE UNITED 
              STATES FLAG.

    (a) Definitions.--In this section:
            (1) Executive agency.--The term ``Executive agency'' has 
        the meaning given such term in section 105 of title 5, United 
        States Code.
            (2) National intelligence program.--The term ``National 
        Intelligence Program'' has the meaning given such term in 
        section 3 of the National Security Act of 1947 (50 U.S.C. 
        3003).
    (b) In General.--Any flag, seal, or emblem that is not the United 
States flag and is flown, draped, projected, or otherwise displayed as 
a visual and symbolic representation at a property, office, or other 
official location of an element of the intelligence community--
            (1) shall be smaller than the official United States flag; 
        and
            (2) if flown, may not be displayed higher than or above the 
        United States flag.
    (c) Limitation on Availability of Funds for Displaying and Flying 
Flags.--None of the funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2025 for the National 
Intelligence Program, may be obligated or expended to fly or display a 
flag over a facility of an element of the intelligence community other 
than the following:
            (1) The United States flag.
            (2) The POW/MIA flag.
            (3) The Hostage and Wrongful Detainee flag, pursuant to 
        section 904 of title 36, United States Code.
            (4) The flag of a State, insular area, or the District of 
        Columbia at a domestic location.
            (5) The flag of an Indian Tribal Government.
            (6) The official branded flag of an Executive agency.
            (7) The flag of an element, flag officer, or general 
        officer of the Armed Forces.

                  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.

    (a) Strategy and Outreach Required.--The Director of the National 
Counterintelligence and Security Center shall develop a strategy and 
conduct outreach to United States industry, including shipping 
companies, port operators, and logistics firms, on the risks of 
smartport technology of the People's Republic of China and other 
related risks posed by entities of the People's Republic of China, 
including LOGINK, China Ocean Shipping Company, Limited (COSCO), China 
Communications Construction Company, Limited (CCCC), China Media Group 
(CMG), and Shanghai Zhenhua Heavy Industries Company Limited (ZPMC), to 
the national security of the United States, the security of United 
States supply chains, and commercial activity, including with respect 
to delays, interruption, and lockout of access to systems and 
technologies that enable the free flow of commerce.
    (b) Consistency With Statutes and Executive Orders.--The Director 
shall carry out subsection (a) in a manner that is consistent with the 
following:
            (1) Part 6 of title 33, Code of Federal Regulations, as 
        amended by Executive Order 14116 (89 Fed. Reg. 13971; relating 
        to amending regulations relating to the safeguarding of 
        vessels, harbors, ports, and waterfront facilities of the 
        United States.
            (2) Executive Order 14017 (86 Fed. Reg. 11849; relating to 
        America's supply chains), or successor order.
            (3) Section 825 of the National Defense Authorization Act 
        for Fiscal Year 2024 (Public Law 118-31).
    (c) Coordination.--The Director shall carry out subsection (a) in 
coordination with the Commandant of the Coast Guard, the Director of 
the Federal Bureau of Investigation, the Commander of the Office of 
Naval Intelligence, and such other heads of Federal agencies as the 
Director considers appropriate.

SEC. 402. ASSESSMENT OF CURRENT STATUS OF BIOTECHNOLOGY OF PEOPLE'S 
              REPUBLIC OF CHINA.

    (a) Assessment.--Not later than 30 days after the date of the 
enactment of this Act, the Director of National Intelligence shall, in 
consultation with the Director of the National Counterproliferation and 
Biosecurity Center and such heads of elements of the intelligence 
community as the Director of National Intelligence considers 
appropriate, conduct an assessment of the current status of the 
biotechnology of the People's Republic of China, which shall include an 
assessment of how the People's Republic of China is supporting the 
biotechnology sector through both licit and illicit means, such as 
foreign direct investment, subsidies, talent recruitment, or other 
efforts.
    (b) Report.--
            (1) In general.--Not later than 30 days after the date on 
        which the Direct of National Intelligence completes the 
        assessment required by subsection (a), the Director shall 
        submit to the congressional intelligence committees a report on 
        the findings of the Director with respect to the assessment.
            (2) Form.--The report submitted pursuant to paragraph (1) 
        shall be submitted in unclassified form, but may include a 
        classified annex.

SEC. 403. INTELLIGENCE SHARING WITH LAW ENFORCEMENT AGENCIES ON 
              SYNTHETIC OPIOID PRECURSOR CHEMICALS ORIGINATING IN 
              PEOPLE'S REPUBLIC OF CHINA.

    (a) Strategy Required.--The Director of National Intelligence 
shall, in consultation with the head of the Office of National Security 
Intelligence of the Drug Enforcement Administration, the Under 
Secretary of Homeland Security for Intelligence and Analysis, and the 
heads of such other agencies as the Director considers appropriate, 
develop a strategy to ensure robust intelligence sharing relating to 
the illicit trafficking of synthetic opioid precursor chemicals from 
the People's Republic of China and other source countries.
    (b) Mechanism for Collaboration.--The Director shall develop a 
mechanism so that subject matter experts in elements of the Federal 
Government other than elements in the intelligence community, including 
those without security clearances, can share information with the 
intelligence community relating to illicit trafficking described in 
subsection (a).

SEC. 404. REPORT ON EFFORTS OF THE PEOPLE'S REPUBLIC OF CHINA TO EVADE 
              UNITED STATES TRANSPARENCY AND NATIONAL SECURITY 
              REGULATIONS.

    (a) Report Required.--The Director of National Intelligence shall 
submit to the congressional intelligence committees a report on efforts 
of the People's Republic of China to evade the following:
            (1) Identification under section 1260H of the William M. 
        (Mac) Thornberry National Defense Authorization Act for Fiscal 
        Year 2021 (Public Law 116-283; 10 U.S.C. 113 note).
            (2) Restrictions or limitations imposed by any of the 
        following:
                    (A) Section 805 of the National Defense 
                Authorization Act for Fiscal Year 2024 (Public Law 118-
                31).
                    (B) Section 889 of the John S. McCain National 
                Defense Authorization Act for Fiscal Year 2019 (Public 
                Law 115-232; 41 U.S.C. 3901 note prec.).
                    (C) The list of specially designated nationals and 
                blocked persons maintained by the Office of Foreign 
                Assets Control of the Department of the Treasury 
                (commonly known as the ``SDN list'').
                    (D) The Entity List maintained by the Bureau of 
                Industry and Security of the Department of Commerce and 
                set forth in Supplement No. 4 to part 744 of title 15, 
                Code of Federal Regulations.
                    (E) Commercial or dual-use export controls under 
                the Export Control Reform Act of 2018 (50 U.S.C. 4801 
                et seq.) and the Export Administration Regulations.
                    (F) Executive Order 14105 (88 Fed. Reg. 54867; 
                relating to addressing United States investments in 
                certain national security technologies and products in 
                countries of concern), or successor order.
                    (G) Import restrictions on products made with 
                forced labor implemented by U.S. Customs and Border 
                Protection pursuant to Public Law 117-78 (22 U.S.C. 
                6901 note).
    (b) Form.--The report submitted pursuant to subsection (a) shall be 
submitted in unclassified form.

SEC. 405. PLAN FOR RECRUITMENT OF MANDARIN SPEAKERS.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to the appropriate congressional committees a comprehensive plan 
to prioritize the recruitment and training of individuals who speak 
Mandarin Chinese for each element of the intelligence community.
    (b) Appropriate Congressional Committees.--In this section, the 
term ``appropriate congressional committees'' means--
            (1) the Select Committee on Intelligence and the Committee 
        on the Judiciary of the Senate; and
            (2) the Permanent Select Committee on Intelligence and the 
        Committee on the Judiciary of the House of Representatives.

                   Subtitle B--The Russian Federation

SEC. 411. ASSESSMENT OF RUSSIAN FEDERATION SPONSORSHIP OF ACTS OF 
              INTERNATIONAL TERRORISM.

    (a) Definitions.--In this section--
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Select Committee on Intelligence, the 
                Committee on Foreign Relations, and the Committee on 
                Armed Services of the Senate; and
                    (B) the Permanent Select Committee on Intelligence, 
                the Committee on Foreign Affairs, and the Committee on 
                Armed Services of the House of Representatives.
            (2) Foreign terrorist organization.--The term ``foreign 
        terrorist organization'' means an organization that has been 
        designated as a foreign terrorist organization by the Secretary 
        of State, pursuant to section 219 of the Immigration and 
        Nationality Act (8 U.S.C. 1189).
            (3) Specially designated global terrorist organization.--
        The term ``specially designated global terrorist organization'' 
        means an organization that has been designated as a specially 
        designated global terrorist by the Secretary of State or the 
        Secretary, pursuant to Executive Order 13224 (50 U.S.C. 1701 
        note; relating to blocking property and prohibiting 
        transactions with persons who commit, threaten to commit, or 
        support terrorism).
            (4) State sponsor of terrorism.--The term ``state sponsor 
        of terrorism'' means a country the government of which the 
        Secretary of State has determined has repeatedly provided 
        support for acts of international terrorism, for purposes of--
                    (A) section 1754(c)(1)(A)(i) of the Export Control 
                Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
                    (B) section 620A of the Foreign Assistance Act of 
                1961 (22 U.S.C. 2371);
                    (C) section 40(d) of the Arms Export Control Act 
                (22 U.S.C. 2780(d)); or
                    (D) any other provision of law.
    (b) Assessment Required.--Not later than 180 days after the date of 
the enactment of this Act, the Director of National Intelligence shall 
conduct and submit to the appropriate congressional committees an 
assessment on the extent to which the Russian Federation--
            (1) provides support for acts of international terrorism; 
        and
            (2) cooperates with the antiterrorism efforts of the United 
        States.
    (c) Elements.--The assessment required by subsection (b) shall 
include the following:
            (1) A list of all instances in which the Russian 
        Federation, or an official of the Russian Federation, has 
        failed to show support for or cooperate with the United States 
        on international efforts to combat terrorism, such as 
        apprehending, prosecuting, or extraditing suspected and known 
        terrorists, including members of foreign terrorist 
        organizations, and sharing intelligence to deter terrorist 
        attacks.
            (2) A list of all instances in which the Russian 
        Federation, or an official of the Russian Federation, has 
        provided financial, material, technical, or lethal support to 
        foreign terrorist organizations, specially designated global 
        terrorist organizations, state sponsors of terrorism, or for 
        acts of international terrorism.
            (3) A list of all instances in which the Russian 
        Federation, or an official of the Russian Federation, has 
        willfully aided or abetted--
                    (A) the international proliferation of nuclear 
                explosive devices to persons;
                    (B) a person in acquiring unsafeguarded special 
                nuclear material; or
                    (C) the efforts of a person to use, develop, 
                produce, stockpile, or otherwise acquire chemical, 
                biological, or radiological weapons.
            (4) A determination of whether the activities of the Wagner 
        Group constitute acts of international terrorism and whether 
        such activities continue under any of the successor entities of 
        the Wagner Group, including Afrika Corps.
    (d) Form.--The assessment required by subsection (b) shall be 
submitted in unclassified form, but may include a classified annex.
    (e) Briefings.--Not later than 30 days after submission of the 
assessment required by subsection (b), the Director of National 
Intelligence shall provide a classified briefing to the appropriate 
congressional committees on the methodology and findings of the 
assessment.

SEC. 412. ASSESSMENT OF LIKELY COURSE OF WAR IN UKRAINE.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Director of National Intelligence, in 
collaboration with the Director of the Defense Intelligence Agency and 
the Director of the Central Intelligence Agency, shall submit to the 
congressional intelligence committees an assessment of the likely 
course of the war in Ukraine through December 31, 2025.
    (b) Elements.--The assessment required by subsection (a) shall 
include an assessment of each of the following:
            (1) The ability of the military of Ukraine to defend 
        against Russian aggression if the United States does, or does 
        not, continue to provide military and economic assistance to 
        Ukraine during the period described in such subsection.
            (2) The likely course of the war during such period if the 
        United States does, or does not, continue to provide military 
        and economic assistance to Ukraine.
            (3) The ability and willingness of countries in Europe and 
        outside of Europe to continue to provide military and economic 
        assistance to Ukraine if the United States does, or does not, 
        do so, including the ability of such countries to make up for 
        any shortfall in United States assistance.
            (4) The effects of a potential defeat of Ukraine by the 
        Russian Federation on the potential for further aggression from 
        the Russian Federation, the People's Republic of China, the 
        Islamic Republic of Iran, and the Democratic People's Republic 
        of Korea.
    (c) Form.--The assessment required by subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.

                  Subtitle C--International Terrorism

SEC. 421. INCLUSION OF HAMAS, HEZBOLLAH, AL-QAEDA, AND ISIS OFFICIALS 
              AND MEMBERS AMONG ALIENS ENGAGED IN TERRORIST ACTIVITY.

    Section 212(a)(3)(B)(i) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(3)(B)) is amended, in the undesignated matter following 
subparagraph (IX), by striking ``or spokesman of the Palestine 
Liberation Organization'' and inserting ``spokesperson, or member of 
the Palestine Liberation Organization, Hamas, Hezbollah, Al-Qaeda, 
ISIS, or any successor or affiliate group, or who endorses or espouses 
terrorist activities conducted by any of the aforementioned groups,''.

SEC. 422. ASSESSMENT AND REPORT ON THE THREAT OF ISIS-KHORASAN TO THE 
              UNITED STATES.

    (a) In General.--Not later than 60 days after the date of the 
enactment of this Act, the Director of the National Counterterrorism 
Center, in coordination with such elements of the intelligence 
community as the Director considers relevant, shall--
            (1) conduct an assessment of the threats to the United 
        States and United States citizens posed by ISIS-Khorasan; and
            (2) submit to the congressional intelligence committees a 
        written report on the findings of the assessment.
    (b) Report Elements.--The report required by subsection (a) shall 
include the following:
            (1) A description of the historical evolution of ISIS-
        Khorasan, beginning with Al-Qaeda and the attacks on the United 
        States on September 11, 2001.
            (2) A description of the ideology and stated intentions of 
        ISIS-Khorasan as related to the United States and the interests 
        of the United States, including the homeland.
            (3) A list of all terrorist attacks worldwide attributable 
        to ISIS-Khorasan or for which ISIS-Khorasan claimed credit, 
        beginning on January 1, 2015.
            (4) A description of the involvement of ISIS-Khorasan in 
        Afghanistan before, during, and after the withdrawal of United 
        States military and civilian personnel and resources in August 
        2021.
            (5) The recruiting and training strategy of ISIS-Khorasan 
        following the withdrawal described in paragraph (4), 
        including--
                    (A) the geographic regions in which ISIS-Khorasan 
                is physically present;
                    (B) regions from which ISIS-Khorasan is recruiting; 
                and
                    (C) its ambitions for individual actors worldwide 
                and in the United States.
            (6) A description of the relationship between ISIS-Khorasan 
        and ISIS core, the Taliban, Al-Qaeda, and other terrorist 
        groups, as appropriate.
            (7) A description of the association of members of ISIS-
        Khorasan with individuals formerly detained at United States 
        Naval Station, Guantanamo Bay, Cuba.
            (8) A description of ISIS-Khorasan's development of, and 
        relationships with, travel facilitation networks in Europe, 
        Central Asia, Eurasia, and Latin America.
            (9) An assessment of ISIS-Khorasan's understanding of the 
        border and immigration policies and enforcement of the United 
        States.
            (10) An assessment of the known travel of members of ISIS-
        Khorasan within the Western Hemisphere and specifically across 
        the southern border of the United States.
    (c) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.

SEC. 423. TERRORIST FINANCING PREVENTION.

    (a) Definitions.--In this section:
            (1) Digital asset.--The term ``digital asset'' means any 
        digital representation of value that is recorded on a 
        cryptographically secured distributed ledger or any similar 
        technology, or another implementation which was designed and 
        built as part of a system to leverage or replace blockchain or 
        distributed ledger technology or their derivatives.
            (2) Digital asset protocol.--The term ``digital asset 
        protocol'' means any communication protocol, smart contract, or 
        other software--
                    (A) deployed through the use of distributed ledger 
                or similar technology; and
                    (B) that provides a mechanism for users to interact 
                and agree to the terms of a trade for digital assets.
            (3) Foreign digital asset transaction facilitator.--The 
        term ``foreign digital asset transaction facilitator'' means 
        any foreign person or group of foreign persons that, as 
        determined by the Secretary, controls, operates, or makes 
        available a digital asset protocol or similar facility, or 
        otherwise materially assists in the purchase, sale, exchange, 
        custody, or other transaction involving an exchange or transfer 
        of value using digital assets.
            (4) Foreign financial institution.--The term ``foreign 
        financial institution'' has the meaning given that term under 
        section 561.308 of title 31, Code of Federal Regulations.
            (5) Foreign person.--The term ``foreign person'' means an 
        individual or entity that is not a United States person.
            (6) Foreign terrorist organization.--The term ``foreign 
        terrorist organization'' means an organization that has been 
        designated as a foreign terrorist organization by the Secretary 
        of State, pursuant to section 219 of the Immigration and 
        Nationality Act (8 U.S.C. 1189).
            (7) Good.--The term ``good'' means any article, natural or 
        manmade substance, material, supply, or manufactured product, 
        including inspection and test equipment, and excluding 
        technical data.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury.
            (9) Specially designated global terrorist organization.--
        The term ``specially designated global terrorist organization'' 
        means an organization that has been designated as a specially 
        designated global terrorist by the Secretary of State or the 
        Secretary, pursuant to Executive Order 13224 (50 U.S.C. 1701 
        note; relating to blocking property and prohibiting 
        transactions with persons who commit, threaten to commit, or 
        support terrorism).
            (10) United states person.--The term ``United States 
        person'' means--
                    (A) an individual who is a United States citizen or 
                an alien lawfully admitted for permanent residence to 
                the United States;
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States, including a foreign branch of such an entity; 
                or
                    (C) any person in the United States.
    (b) Sanctions With Respect to Foreign Financial Institutions and 
Foreign Digital Asset Transaction Facilitators That Engage in Certain 
Transactions.--
            (1) Mandatory identification.--Not later than 60 days after 
        the date of enactment of this Act, and periodically thereafter, 
        the Secretary shall identify and submit to the President a 
        report identifying any foreign financial institution or foreign 
        digital asset transaction facilitator that has knowingly--
                    (A) facilitated a significant financial transaction 
                with--
                            (i) a Foreign Terrorist Organization;
                            (ii) a specially designated global 
                        terrorist organization; or
                            (iii) a person identified on the list of 
                        specially designated nationals and blocked 
                        persons maintained by the Office of Foreign 
                        Assets Control of the Department of the 
                        Treasury, the property and interests in 
                        property of which are blocked pursuant to the 
                        International Emergency Economic Powers Act (50 
                        U.S.C. 1701 et seq.) for acting on behalf of or 
                        at the direction of, or being owned or 
                        controlled by, a foreign terrorist organization 
                        or a specially designated global terrorist 
                        organization; or
                    (B) engaged in money laundering to carry out an 
                activity described in subparagraph (A).
            (2) Imposition of sanctions.--
                    (A) Foreign financial institutions.--The President 
                shall prohibit, or impose strict conditions on, the 
                opening or maintaining of a correspondent account or a 
                payable-through account in the United States by a 
                foreign financial institution identified under 
                paragraph (1).
                    (B) Foreign digital asset transaction 
                facilitators.--The President, pursuant to such 
                regulations as the President may prescribe, shall 
                prohibit any transactions between any person subject to 
                the jurisdiction of the United States and a foreign 
                digital asset transaction facilitator identified under 
                paragraph (1).
            (3) Implementation and penalties.--
                    (A) Implementation.--The President may exercise all 
                authorities provided under sections 203 and 205 of the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1702, 1704) to the extent necessary to carry out this 
                Act.
                    (B) Penalties.--The penalties set forth in 
                subsections (b) and (c) of section 206 of the 
                International Emergency Economic Powers Act (50 U.S.C. 
                1705) shall apply to a person that violates, attempts 
                to violate, conspires to violate, or causes a violation 
                of regulations prescribed under this section to the 
                same extent that such penalties apply to a person that 
                commits an unlawful act described in subsection (a) of 
                such section 206.
            (4) Procedures for judicial review of classified 
        information.--
                    (A) In general.--If a finding under this 
                subsection, or a prohibition, condition, or penalty 
                imposed as a result of any such finding, is based on 
                classified information (as defined in section 1(a) of 
                the Classified Information Procedures Act (18 U.S.C. 
                App.)), the Secretary may submit to a court reviewing 
                the finding or the imposition of the prohibition, 
                condition, or penalty such classified information ex 
                parte and in camera.
                    (B) Rule of construction.--Nothing in this 
                paragraph shall be construed to confer or imply any 
                right to judicial review of any finding under this 
                subsection or any prohibition, condition, or penalty 
                imposed as a result of any such finding.
            (5) Waiver for national security.--The Secretary may waive 
        the imposition of sanctions under this subsection with respect 
        to a person if the Secretary--
                    (A) determines that such a waiver is in the 
                national interests of the United States; and
                    (B) submits to Congress a notification of the 
                waiver and the reasons for the waiver.
            (6) Exception for intelligence activities.--This subsection 
        shall not apply with respect to any activity subject to the 
        reporting requirements under title V of the National Security 
        Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized 
        intelligence activities of the United States.
            (7) Exception relating to importation of goods.--The 
        authorities and requirements under this section shall not 
        include the authority or a requirement to impose sanctions on 
        the importation of goods.
    (c) Special Measures for Modern Threats.--Section 5318A of title 
31, United States Code, is amended--
            (1) in subsection (a)(2)(C), by striking ``subsection 
        (b)(5)'' and inserting ``paragraphs (5) and (6) of subsection 
        (b)''; and
            (2) in subsection (b)--
                    (A) in paragraph (5), by striking ``for or on 
                behalf of a foreign banking institution''; and
                    (B) by adding at the end the following:
            ``(6) Prohibitions or conditions on certain transmittals of 
        funds.--If the Secretary finds a jurisdiction outside of the 
        United States, 1 or more financial institutions operating 
        outside of the United States, 1 or more types of accounts 
        within, or involving, a jurisdiction outside of the United 
        States, or 1 or more classes of transactions within, or 
        involving, a jurisdiction outside of the United States to be of 
        primary money laundering concern, the Secretary, in 
        consultation with the Secretary of State, the Attorney General, 
        and the Chairman of the Board of Governors of the Federal 
        Reserve System, may prohibit, or impose conditions upon, 
        certain transmittals of funds (as such term may be defined by 
        the Secretary in a special measure issuance, by regulation, or 
        as otherwise permitted by law), to or from any domestic 
        financial institution or domestic financial agency if such 
        transmittal of funds involves any such jurisdiction, 
        institution, type of account, class of transaction, or type of 
        account.''.
    (d) Funding.--There is authorized to be appropriated to the 
Secretary such funds as are necessary to carry out the purposes of this 
section.

                   Subtitle D--Other Foreign Threats

SEC. 431. ASSESSMENT OF VISA-FREE TRAVEL TO AND WITHIN WESTERN 
              HEMISPHERE BY NATIONALS OF COUNTRIES OF CONCERN.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to the congressional intelligence committees a written 
assessment of the impacts to national security caused by travel without 
a visa to and within countries in the Western Hemisphere by nationals 
of countries of concern.
    (b) Form.--The assessment required by subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.
    (c) Countries of Concern Defined.--In this section, the term 
``countries of concern'' means--
            (1) the Russian Federation;
            (2) the People's Republic of China;
            (3) the Islamic Republic of Iran;
            (4) the Syrian Arab Republic;
            (5) the Democratic People's Republic of Korea;
            (6) the Bolivarian Republic of Venezuela; and
            (7) the Republic of Cuba.

SEC. 432. STUDY ON THREAT POSED BY FOREIGN INVESTMENT IN UNITED STATES 
              AGRICULTURAL LAND.

    (a) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Select Committee on Intelligence, the 
                Committee on Agriculture, Nutrition, and Forestry, the 
                Committee on Foreign Relations, and the Committee on 
                Banking, Housing, and Urban Affairs of the Senate; and
                    (B) the Permanent Select Committee on Intelligence, 
                the Committee on Agriculture, the Committee on Foreign 
                Affairs, and the Committee on Financial Services of the 
                House of Representatives.
            (2) Director.--The term ``Director'' means the Director of 
        National Intelligence.
            (3) Nonmarket economy country.--The term ``nonmarket 
        economy country'' has the meaning given that term in section 
        771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18)).
    (b) Study and Briefing.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, the Director, in coordination with 
        the elements of the intelligence community the Director 
        considers appropriate and with the Secretary of State, the 
        Secretary of Agriculture, and the Secretary of the Treasury, 
        shall--
                    (A) complete a study on the threat posed to the 
                United States by foreign investment in agricultural 
                land in the United States; and
                    (B) provide to the appropriate committees of 
                Congress a briefing on the results of the study.
            (2) Data.--In conducting the study required by paragraph 
        (1), the Director shall process and analyze relevant data 
        collected by the Secretary of State, the Secretary of 
        Agriculture, and the Secretary of the Treasury, including the 
        information submitted to the Secretary of Agriculture under 
        section 2 of the Agricultural Foreign Investment Disclosure Act 
        of 1978 (7 U.S.C. 3501).
            (3) Elements.--The study required by paragraph (1) shall 
        include the following:
                    (A) Data and an analysis of agricultural land 
                holdings, including current and previous uses of the 
                land disaggregated by sector and industry, in each 
                county in the United States held by a foreign person 
                from--
                            (i) a country identified as a country that 
                        poses a risk to the national security of the 
                        United States in the most recent annual report 
                        on worldwide threats issued by the Director 
                        pursuant to section 108B of the National 
                        Security Act of 1947 (50 U.S.C. 3043b) 
                        (commonly known as the ``Annual Threat 
                        Assessment'');
                            (ii) a nonmarket economy country; or
                            (iii) any other country that the Director 
                        determines to be appropriate.
                    (B) An analysis of the proximity of the 
                agricultural land holdings to critical infrastructure 
                and military installations.
                    (C) An assessment of the threats posed to the 
                national security of the United States by malign actors 
                that use foreign investment in agricultural land in the 
                United States.
                    (D) An assessment of warning indicators and methods 
                by which to detect potential threats from the use by 
                foreign adversaries of agricultural products for 
                nefarious ends.
                    (E) An assessment of additional resources or 
                authorities necessary to counter threats identified 
                during the study.

SEC. 433. ASSESSMENT OF THREAT POSED BY CITIZENSHIP-BY-INVESTMENT 
              PROGRAMS.

    (a) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs, the Committee on Foreign 
                Relations, the Committee on Banking, Housing, and Urban 
                Affairs, the Select Committee on Intelligence, and the 
                Committee on the Judiciary of the Senate; and
                    (B) the Committee on Homeland Security, the 
                Committee on Foreign Affairs, the Committee on 
                Financial Services, the Permanent Select Committee on 
                Intelligence, and the Committee on the Judiciary of the 
                House of Representatives.
            (2) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary for Intelligence and Analysis of 
        the Department of the Treasury.
            (3) Citizenship-by-investment program.--The term 
        ``citizenship-by-investment program'' means an immigration, 
        investment, or other program of a foreign country that, in 
        exchange for a covered contribution, authorizes the individual 
        making the covered contribution to acquire citizenship in such 
        country, including temporary or permanent residence that may 
        serve as the basis for subsequent naturalization.
            (4) Covered contribution.--The term ``covered 
        contribution'' means--
                    (A) an investment in, or a monetary donation or any 
                other form of direct or indirect capital transfer to, 
                including through the purchase or rental of real 
                estate--
                            (i) the government of a foreign country; or
                            (ii) any person, business, or entity in 
                        such a foreign country; and
                    (B) a donation to, or endowment of, any activity 
                contributing to the public good in such a foreign 
                country.
            (5) Director.--The term ``Director'' means the Director of 
        National Intelligence.
    (b) Assessment of Threat Posed by Citizenship-by-investment 
Programs.--
            (1) Assessment.--Not later than 1 year after the date of 
        the enactment of this Act, the Director and the Assistant 
        Secretary, in coordination with the heads of the other elements 
        of the intelligence community and the head of any appropriate 
        Federal agency, shall complete an assessment of the threat 
        posed to the United States by citizenship-by-investment 
        programs.
            (2) Elements.--The assessment required by paragraph (1) 
        shall include the following:
                    (A) An identification of each citizenship-by-
                investment program, including an identification of the 
                foreign country that operates each such program.
                    (B) With respect to each citizenship-by-investment 
                program identified under subparagraph (A)--
                            (i) a description of the types of 
                        investments required under the program; and
                            (ii) an identification of the sectors to 
                        which an individual may make a covered 
                        contribution under the program.
                    (C) An assessment of the threats posed to the 
                national security of the United States by malign actors 
                that use citizenship-by-investment programs--
                            (i) to evade sanctions or taxes;
                            (ii) to facilitate or finance--
                                    (I) crimes relating to national 
                                security, including terrorism, weapons 
                                trafficking or proliferation, 
                                cybercrime, drug trafficking, human 
                                trafficking, and espionage; or
                                    (II) any other activity that 
                                furthers the interests of a foreign 
                                adversary or undermines the integrity 
                                of the immigration laws or security of 
                                the United States; or
                            (iii) to undermine the United States and 
                        its interests through any other means 
                        identified by the Director and the Assistant 
                        Secretary.
                    (D) An identification of the foreign countries the 
                citizenship-by-investment programs of which pose the 
                greatest threat to the national security of the United 
                States.
            (3) Report and briefing.--
                    (A) Report.--
                            (i) In general.--Not later than 180 days 
                        after completing the assessment required by 
                        paragraph (1), the Director and the Assistant 
                        Secretary shall jointly submit to the 
                        appropriate committees of Congress a report on 
                        the findings of the Director and the Assistant 
                        Secretary with respect to the assessment.
                            (ii) Elements.--The report required by 
                        clause (i) shall include the following:
                                    (I) A detailed description of the 
                                threats posed to the national security 
                                of the United States by citizenship-by-
                                investment programs.
                                    (II) Recommendations for additional 
                                resources or authorities necessary to 
                                counter such threats.
                                    (III) A description of 
                                opportunities to counter such threats.
                            (iii) Form.--The report required by clause 
                        (i) shall be submitted in unclassified form but 
                        may include a classified annex, as appropriate.
                    (B) Briefing.--Not later than 90 days after the 
                date on which the report required by subparagraph (A) 
                is submitted, the Director and Assistant Secretary 
                shall provide the appropriate committees of Congress 
                with a briefing on the report.

SEC. 434. MITIGATING THE USE OF UNITED STATES COMPONENTS AND TECHNOLOGY 
              IN HOSTILE ACTIVITIES BY FOREIGN ADVERSARIES.

    (a) Findings.--Congress finds the following:
            (1) Foreign defense material, including advanced military 
        and intelligence capabilities, continues to rely heavily on 
        products and services sourced from the United States.
            (2) Iran drones operating against Ukraine were found to 
        include several United States components.
            (3) The components described in paragraph (2) came from 13 
        different United States companies and are integral to the 
        operation of the drones.
            (4) The Chinese spy balloon that flew across the United 
        States in 2023 used a United States internet service provider 
        to communicate.
            (5) The connection allowed the balloon to send burst 
        transmissions, or high-bandwidth collections of data over short 
        periods.
            (6) Foreign adversaries and affiliated foreign defense 
        companies frequently acquire components and services, sourced 
        from the United States, through violation of United States 
        export control laws.
    (b) Supply Chain Risk Mitigation.--Not later than 180 days after 
the date of the enactment of this Act, the Director of National 
Intelligence shall, in collaboration with such heads of elements of the 
intelligence community as the Director considers appropriate, develop 
and commence implementation of a strategy to work with United States 
companies to mitigate or disrupt the acquisition and use of United 
States components in the conduct of activities harmful to the national 
security of the United States.
    (c) Goal.--The goal of the strategy required by subsection (b) 
shall be to inform and provide intelligence support to government and 
private sector entities in preventing United States components and 
technologies from aiding or supporting hostile or harmful activities 
conducted by foreign adversaries of the United States.
    (d) Consultation.--In developing and implementing the strategy 
required by subsection (b), the Director of National Intelligence--
            (1) shall consult with the Secretary of Commerce, the 
        Secretary of Defense, and the Secretary of Homeland Security; 
        and
            (2) may consult with such other heads of Federal 
        departments or agencies as the Director of National 
        Intelligence considers appropriate.
    (e) Annual Reports.--Not later than 1 year after the date of the 
enactment of this Act and annually thereafter until the date that is 3 
years after the date of the enactment of this Act, the Director shall 
submit to Congress an annual report on the status and effect of the 
implementation of the strategy required by subsection (b).

SEC. 435. OFFICE OF INTELLIGENCE AND COUNTERINTELLIGENCE REVIEW OF 
              VISITORS AND ASSIGNEES.

    (a) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Select Committee on Intelligence and the 
                Committee on Energy and Natural Resources of the 
                Senate; and
                    (B) the Permanent Select Committee on Intelligence 
                and the Committee on Energy and Commerce of the House 
                of Representatives.
            (2)  Assignee; visitor.--The terms ``assignee'' and 
        ``visitor'' mean a foreign national from a country identified 
        in the report submitted to Congress by the Director of National 
        Intelligence in 2024 pursuant to section 108B of the National 
        Security Act of 1947 (50 U.S.C. 3043b) (commonly referred to as 
        the ``Annual Threat Assessment'') as ``engaging in competitive 
        behavior that directly threatens U.S. national security'', who 
        is not an employee of a National Laboratory, and has requested 
        access to the premises, information, or technology of a 
        National Laboratory.
            (3) Director.--The term ``Director'' means the Director of 
        the Office of Intelligence and Counterintelligence of the 
        Department of Energy (or their designee).
            (4) Foreign national.--The term ``foreign national'' has 
        the meaning given the term ``alien'' in section 101(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)).
            (5) National laboratory.--The term ``National Laboratory'' 
        has the meaning given the term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
            (6) Non-traditional collector.--The term ``non-traditional 
        collector'' means an individual not employed by a foreign 
        intelligence service, who is seeking access to sensitive 
        information about a capability, research, or organizational 
        dynamics of the United States to inform a foreign adversary or 
        non-state actor.
    (b) Findings.--The Senate finds the following:
            (1) The National Laboratories conduct critical, cutting-
        edge research across a range of scientific disciplines that 
        provide the United States with a technological edge over other 
        countries.
            (2) The technologies developed in the National Laboratories 
        contribute to the national security of the United States, 
        including classified and sensitive military technology and 
        dual-use commercial technology.
            (3) International cooperation in the field of science is 
        critical to the United States maintaining its leading 
        technological edge.
            (4) The research enterprise of the Department of Energy, 
        including the National Laboratories, is increasingly targeted 
        by adversarial nations to exploit military and dual-use 
        technologies for military or economic gain.
            (5) Approximately 40,000 citizens of foreign countries, 
        including more than 8,000 citizens from China and Russia, were 
        granted access to the premises, information, or technology of 
        National Laboratories in fiscal year 2023.
            (6) The Office of Intelligence and Counterintelligence of 
        the Department of Energy is responsible for identifying and 
        mitigating counterintelligence risks to the Department, 
        including the National Laboratories.
    (c) Sense of the Senate.--It is the sense of the Senate that, 
before being granted access to the premises, information, or technology 
of a National Laboratory, citizens of foreign countries identified in 
the 2024 Annual Threat Assessment of the intelligence community as 
``engaging in competitive behavior that directly threatens U.S. 
national security'' should be appropriately screened by the National 
Laboratory to which they seek access, and by the Office of Intelligence 
and Counterintelligence of the Department, to identify and mitigate 
risks associated with granting the requested access to sensitive 
military, or dual-use technologies.
    (d) Review of Sensitive Country Visitor and Assignee Access 
Requests.--The Director shall promulgate a policy to assess the 
counterintelligence risk each visitor or assignee poses to the research 
or activities undertaken at a National Laboratory.
    (e) Advice With Respect to Visitors or Assignees.--
            (1) In general.--The Director shall provide advice to a 
        National Laboratory on visitors and assignees when 1 or more of 
        the following conditions are present:
                    (A) The Director has reason to believe that a 
                visitor or assignee is a non-traditional intelligence 
                collector.
                    (B) The Director is in receipt of information 
                indicating that a visitor or assignee constitutes a 
                counterintelligence risk to a National Laboratory.
            (2) Advice described.--Advice provided to a National 
        Laboratory in accordance with paragraph (1) shall include--
                    (A) a description of the assessed risk;
                    (B) recommendations to mitigate the risk; and
                    (C) identification of research or technology that 
                would be at risk if access is granted to the visitor or 
                assignee concerned.
    (f) Reports to Congress.--Not later than 90 days after the date of 
the enactment of this Act, and quarterly thereafter, the Director shall 
submit to the appropriate congressional committees a report, which 
shall include--
            (1) the number of visitors or assignees permitted to access 
        the premises, information, or technology of each National 
        Laboratory;
            (2) the number of instances in which the Director advised a 
        National Laboratory in accordance with subsection (e); and
            (3) the number of instances in which a National Laboratory 
        admitted a visitor or assignee against the advice of the 
        Director.

SEC. 436. PROHIBITION ON NATIONAL LABORATORIES ADMITTING CERTAIN 
              FOREIGN NATIONALS.

    (a) Definitions.--In this section:
            (1) Assignee.--The term ``assignee'' means an individual 
        who is seeking approval from, or has been approved by, a 
        National Laboratory to access the premises, information, or 
        technology of the National Laboratory for a period of more than 
        30 consecutive days.
            (2) Covered foreign national.--
                    (A) In general.--The term ``covered foreign 
                national'' means a foreign national of any of the 
                following countries:
                            (i) The People's Republic of China.
                            (ii) The Russian Federation.
                            (iii) The Islamic Republic of Iran.
                            (iv) The Democratic People's Republic of 
                        Korea.
                            (v) The Republic of Cuba.
                    (B) Exclusion.--The term ``covered foreign 
                national'' does not include an individual that is 
                lawfully admitted for permanent residence (as defined 
                in section 101(a) of the Immigration and Nationality 
                Act (8 U.S.C. 1101(a))).
            (3) Foreign national.--The term ``foreign national'' has 
        the meaning given the term ``alien'' in section 101(a) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)).
            (4) National laboratory.--The term ``National Laboratory'' 
        has the meaning given the term in section 2 of the Energy 
        Policy Act of 2005 (42 U.S.C. 15801).
            (5) Senior counterintelligence official.--The term ``senior 
        counterintelligence official'' means--
                    (A) the Director of the Federal Bureau of 
                Investigation;
                    (B) the Deputy Director of the Federal Bureau of 
                Investigation;
                    (C) the Executive Assistant Director of the 
                National Security Branch of the Federal Bureau of 
                Investigation; or
                    (D) the Assistant Director of the 
                Counterintelligence Division of the Federal Bureau of 
                Investigation.
            (6) Visitor.--The term ``visitor'' means an individual who 
        is seeking approval from, or has been approved by, a National 
        Laboratory to access the premises, information, or technology 
        of the National Laboratory for any period shorter than a period 
        described in paragraph (1).
    (b) Prohibition.--
            (1) In general.--Except as provided in paragraph (2), 
        beginning on the date of enactment of this Act, a National 
        Laboratory--
                    (A) shall not admit as a visitor or assignee any 
                covered foreign national; and
                    (B) shall prohibit access to any visitor or 
                assignee that is a covered foreign national and has 
                sought or obtained approval to access the premises, 
                information, or technology of the National Laboratory 
                as of that date.
            (2) Waiver.--Paragraph (1) shall not apply to a National 
        Laboratory if the Secretary of Energy, in consultation with the 
        Director of the Office of Intelligence and Counterintelligence 
        of the Department of Energy and a senior counterintelligence 
        official, certifies and issues a waiver to the National 
        Laboratory requesting to admit a covered foreign national as a 
        visitor or assignee, in writing, that the benefits to the 
        United States of admittance or access by that covered foreign 
        national outweigh the national security and economic risks to 
        the United States.
            (3) Notification to congress.--Not later than 30 days after 
        the date that a waiver is issued pursuant to paragraph (2), the 
        Secretary of Energy shall submit to the Select Committee on 
        Intelligence of the Senate, the Committee on Energy and Natural 
        Resources of the Senate, the Committee on Commerce, Science, 
        and Transportation of the Senate, the Permanent Select 
        Committee on Intelligence of the House of Representatives, the 
        Committee on Energy and Commerce of the House of 
        Representatives, and the Committee on Science, Space, and 
        Technology of the House of Representatives a notification 
        describing each waiver issued pursuant to paragraph (2), 
        including--
                    (A) the country of origin of the covered foreign 
                national who is the subject of the waiver;
                    (B) the date of the request by the covered foreign 
                national for admission or access to a National 
                Laboratory;
                    (C) the date on which the decision to issue the 
                waiver was made; and
                    (D) the specific reasons for issuing the waiver.

SEC. 437. QUARTERLY REPORT ON CERTAIN FOREIGN NATIONALS ENCOUNTERED AT 
              THE UNITED STATES BORDER.

    (a) Definitions.--In this section:
            (1) Encountered.--The term ``encountered'', with respect to 
        a special interest alien, means physically apprehended by U.S. 
        Customs and Border Protection personnel.
            (2) Special interest alien.--The term ``special interest 
        alien'' means an alien (as defined in section 101(a)(3) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(3)) who, 
        based upon an analysis of travel patterns and other information 
        available to the United States Government, potentially poses a 
        threat to the national security of the United States and its 
        interests due to a known or potential nexus to terrorism, 
        espionage, organized crime, or other malign actors.
    (b) In General.--Not later than 60 days after the date of the 
enactment of this Act, and quarterly thereafter for the following 3 
years, the Secretary of Homeland Security, in coordination with the 
Director of National Intelligence, shall publish, on a publicly 
accessible website of the Department of Homeland Security, a report 
identifying the aggregate number of special interest aliens who, during 
the applicable reporting period--
            (1) have been encountered at or near an international 
        border of the United States; and
            (2)(A) have been released from custody;
            (B) are under supervision;
            (C) are being detained by the Department of Homeland 
        Security; or
            (D) have been removed from the United States.

SEC. 438. ASSESSMENT OF THE LESSONS LEARNED BY THE INTELLIGENCE 
              COMMUNITY WITH RESPECT TO THE ISRAEL-HAMAS WAR.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Director of National Intelligence, in 
consultation with such other heads of elements of the intelligence 
community as the Director considers appropriate, shall submit to the 
appropriate committees of Congress a written assessment of the lessons 
learned from the Israel-Hamas war.
    (b) Elements.--The assessment required by subsection (a) shall 
include the following:
            (1) Lessons learned from the timing and scope of the 
        October 7, 2023 attack by Hamas against Israel, including 
        lessons related to United States intelligence cooperation with 
        Israel and other regional partners.
            (2) Lessons learned from advances in warfare, including the 
        use by adversaries of a complex tunnel network.
            (3) Lessons learned from attacks by adversaries against 
        maritime shipping routes in the Red Sea.
            (4) Lessons learned from the use by adversaries of rockets, 
        missiles, and unmanned aerial systems, including attacks by 
        Iran.
            (5) Analysis of the impact of the Israel-Hamas war on the 
        global security environment, including the war in Ukraine.
    (c) Form.--The assessment required by subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.
    (d) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the congressional intelligence committees;
            (2) the Committee on Armed Services and the Committee on 
        Appropriations of the Senate; and
            (3) the Committee on Armed Services and the Committee on 
        Appropriations of the House of Representatives.

SEC. 439. CENTRAL INTELLIGENCE AGENCY INTELLIGENCE ASSESSMENT ON TREN 
              DE ARAGUA.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Director of the Central Intelligence Agency, 
in consultation with such other heads of elements of the intelligence 
community as the Director considers appropriate, shall submit to the 
appropriate committees of Congress an intelligence assessment on the 
gang known as ``Tren de Aragua''.
    (b) Elements.--The intelligence assessment required by subsection 
(a) shall include the following:
            (1) A description of the key leaders, organizational 
        structure, subgroups, presence in countries in the Western 
        Hemisphere, and cross-border illicit drug smuggling routes of 
        Tren de Aragua.
            (2) A description of the practices used by Tren de Aragua 
        to generate revenue.
            (3) A description of the level at which Tren de Aragua 
        receives support from the regime of Nicolas Maduro in 
        Venezuela.
            (4) A description of the manner in which Tren de Aragua is 
        exploiting heightened migratory flows out of Venezuela and 
        throughout the Western Hemisphere to expand its operations.
            (5) A description of the degree to which Tren de Aragua 
        cooperates or competes with other criminal organizations in the 
        Western Hemisphere.
            (6) An estimate of the annual revenue received by Tren de 
        Aragua from the sale of illicit drugs, kidnapping, and human 
        trafficking, disaggregated by activity.
            (7) A determination on whether Tren De Aragua meets the 
        definition of ``significant transnational criminal 
        organization'' in section 3 of Executive Order 13581 (76 Fed. 
        Reg. 44757; relating to blocking property of transnational 
        criminal organizations), as amended by Executive Order 13863 
        (84 Fed. Reg. 10255; relating to taking additional steps to 
        address the national emergency with respect to significant 
        transnational criminal organizations).
            (8) Any other information the Director of the Central 
        Intelligence Agency considers relevant.
    (c) Form.--The intelligence assessment required by subsection (a) 
may be submitted in classified form.
    (d) Definition of Appropriate Committees of Congress.--In this 
section, the term ``appropriate committees of Congress'' means--
            (1) the congressional intelligence committees;
            (2) the Committee on Foreign Relations, the Committee on 
        Homeland Security and Governmental Affairs, the Committee on 
        Banking, Housing, and Urban Affairs, and the Committee on 
        Appropriations of the Senate; and
            (3) the Committee on Foreign Affairs, the Committee on 
        Homeland Security, and the Committee on Appropriations of the 
        House of Representatives.

SEC. 440. ASSESSMENT OF MADURO REGIME'S ECONOMIC AND SECURITY 
              RELATIONSHIPS WITH STATE SPONSORS OF TERRORISM AND 
              FOREIGN TERRORIST ORGANIZATIONS.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to the congressional intelligence committees a written 
assessment of the economic and security relationships of the regime of 
Nicolas Maduro of Venezuela with the countries and organizations 
described in subsection (b), including formal and informal support to 
and from such countries and organizations.
    (b) Countries and Organizations Described.--The countries and 
organizations described in this subsection are the following:
            (1) The following countries designated by the United States 
        as state sponsors of terrorism:
                    (A) The Republic of Cuba.
                    (B) The Islamic Republic of Iran.
            (2) The following organizations designated by the United 
        States as foreign terrorist organizations:
                    (A) The National Liberation Army (ELN).
                    (B) The Revolutionary Armed Forces of Colombia-
                People's Army (FARC-EP).
                    (C) The Segunda Marquetalia.
    (c) Form.--The assessment required by subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.

SEC. 441. CONTINUED CONGRESSIONAL OVERSIGHT OF IRANIAN EXPENDITURES 
              SUPPORTING FOREIGN MILITARY AND TERRORIST ACTIVITIES.

    (a) Update Required.--Not later than 90 days after the date of the 
enactment of this Act, the Director of National Intelligence shall 
submit to the congressional intelligence committees an update to the 
report submitted under section 6705 of the Damon Paul Nelson and 
Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 
2018, 2019, and 2020 (22 U.S.C. 9412) to reflect current occurrences, 
circumstances, and expenditures.
    (b) Form.--The update submitted pursuant to subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.

                     TITLE V--EMERGING TECHNOLOGIES

SEC. 501. STRATEGY TO COUNTER FOREIGN ADVERSARY EFFORTS TO UTILIZE 
              BIOTECHNOLOGIES IN WAYS THAT THREATEN UNITED STATES 
              NATIONAL SECURITY.

    (a) Sense of Congress.--It is the sense of Congress that as 
biotechnologies become increasingly important with regard to the 
national security interests of the United States, and with the addition 
of biotechnologies to the biosecurity mission of the National 
Counterproliferation and Biosecurity Center, the intelligence community 
must articulate and implement a whole-of-government strategy for 
addressing concerns relating to biotechnologies.
    (b) Strategy for Biotechnologies Critical to National Security.--
            (1) Strategy required.--Not later than 90 days after the 
        date of the enactment of this Act, the Director of National 
        Intelligence shall, acting through the Director of the National 
        Counterproliferation and Biosecurity Center and in coordination 
        with the heads of such other elements of the intelligence 
        community as the Director of National Intelligence considers 
        appropriate, develop and submit to the congressional 
        intelligence committees a whole-of-government strategy to 
        address concerns relating to biotechnologies.
            (2) Elements.--The strategy developed and submitted 
        pursuant to paragraph (1) shall include the following:
                    (A) Identification and assessment of 
                biotechnologies critical to the national security of 
                the United States, including an assessment of which 
                materials involve a dependency on foreign adversary 
                nations.
                    (B) A determination of how best to counter foreign 
                adversary efforts to utilize biotechnologies that 
                threaten the national security of the United States, 
                including technologies identified pursuant to paragraph 
                (1).
                    (C) A plan to support United States efforts and 
                capabilities to secure the United States supply chains 
                of the technologies identified pursuant to paragraph 
                (1), by coordinating--
                            (i) across the intelligence community;
                            (ii) the support provided by the 
                        intelligence community to other relevant 
                        Federal agencies and policymakers;
                            (iii) the engagement of the intelligence 
                        community with private sector entities; and
                            (iv) how the intelligence community can 
                        support securing United States supply chains 
                        for and use of biotechnologies.
                    (D) Proposals for such legislative or 
                administrative action as the Directors consider 
                necessary to support the strategy.

SEC. 502. IMPROVEMENTS TO THE ROLES, MISSIONS, AND OBJECTIVES OF THE 
              NATIONAL COUNTERPROLIFERATION AND BIOSECURITY CENTER.

    Section 119A of the National Security Act of 1947 (50 U.S.C. 3057) 
is amended--
            (1) in subsection (a)(4), by striking ``biosecurity and'' 
        and inserting ``counterproliferation, biosecurity, and''; and
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking 
                        ``analyzing and'';
                            (ii) in subparagraph (C), by striking 
                        ``Establishing'' and inserting ``Coordinating 
                        the establishment of'';
                            (iii) in subparagraph (D), by striking 
                        ``Disseminating'' and inserting ``Overseeing 
                        the dissemination of'';
                            (iv) in subparagraph (E), by inserting 
                        ``and coordinating'' after ``Conducting''; and
                            (v) in subparagraph (G), by striking 
                        ``Conducting'' and inserting ``Coordinating and 
                        advancing''; and
                    (B) in paragraph (2)--
                            (i) in subparagraph (B), by striking ``and 
                        analysis'';
                            (ii) by redesignating subparagraphs (C) 
                        through (E) as subparagraphs (D) through (F), 
                        respectively;
                            (iii) by inserting after subparagraph (B) 
                        the following:
                    ``(C) Overseeing and coordinating the analysis of 
                intelligence on biosecurity and foreign biological 
                threats in support of the intelligence needs of Federal 
                departments and agencies responsible for public health, 
                including by providing analytic priorities to elements 
                of the intelligence community and by conducting and 
                coordinating net assessments.'';
                            (iv) in subparagraph (D), as redesignated 
                        by clause (ii), by inserting ``on matters 
                        relating to biosecurity and foreign biological 
                        threats'' after ``public health'';
                            (v) in subparagraph (F), as redesignated by 
                        clause (ii), by inserting ``and authorities'' 
                        after ``capabilities''; and
                            (vi) by adding at the end the following:
                    ``(G) Coordinating with relevant elements of the 
                intelligence community and other Federal departments 
                and agencies responsible for public health to engage 
                with private sector entities on information relevant to 
                biosecurity, biotechnology, and foreign biological 
                threats.''.

SEC. 503. ENHANCING CAPABILITIES TO DETECT FOREIGN ADVERSARY THREATS 
              RELATING TO BIOLOGICAL DATA.

    Not later than 90 days after the date of the enactment of this Act, 
the Director of National Intelligence shall, in consultation with the 
heads of such Federal departments and agencies as the Director 
considers appropriate, take the following steps to standardize and 
enhance the capabilities of the intelligence community to detect 
foreign adversary threats relating to biological data:
            (1) Prioritize the collection, analysis, and dissemination 
        of information relating to foreign adversary use of biological 
        data, particularly in ways that threaten or could threaten the 
        national security of the United States.
            (2) Issue policy guidance within the intelligence 
        community--
                    (A) to standardize the handling and processing of 
                biological data, including with respect to protecting 
                the civil liberties and privacy of United States 
                persons;
                    (B) to standardize and enhance intelligence 
                engagements with foreign allies and partners with 
                respect to biological data; and
                    (C) to standardize the creation of metadata 
                relating to biological data.
            (3) Ensure coordination with such Federal departments and 
        agencies and entities in the private sector as the Director 
        considers appropriate to understand how foreign adversaries are 
        accessing and using biological data stored within the United 
        States.

SEC. 504. NATIONAL SECURITY PROCEDURES TO ADDRESS CERTAIN RISKS AND 
              THREATS RELATING TO ARTIFICIAL INTELLIGENCE.

    (a) Findings.--Congress finds the following:
            (1) Artificial intelligence systems demonstrate increased 
        capabilities in the generation of synthetic media and computer 
        programming code, as well as areas such as object recognition, 
        natural language processing, and workflow orchestration.
            (2) The growing capabilities of artificial intelligence 
        systems in the areas described in paragraph (1), as well as the 
        greater accessibility of large-scale artificial intelligence 
        models and advanced computation capabilities to individuals, 
        businesses, and governments, have dramatically increased the 
        adoption of artificial intelligence products in the United 
        States and globally.
            (3) The advanced capabilities of the systems described in 
        paragraph (1), and their accessibility to a wide-range of 
        users, have increased the likelihood and effect of misuse or 
        malfunction of these systems, such as to generate synthetic 
        media for disinformation campaigns, develop or refine malware 
        for computer network exploitation activity, enhance 
        surveillance capabilities in ways that undermine the privacy of 
        citizens of the United States, and increase the risk of 
        exploitation or malfunction of information technology systems 
        incorporating artificial intelligence systems in mission-
        critical fields such as health care, critical infrastructure, 
        and transportation.
    (b) Procedures Required.--Not later than 180 days after the date of 
the enactment of this Act, the President shall develop and issue 
procedures to facilitate and promote mechanisms by which--
            (1) vendors of advanced computation capabilities, vendors 
        and commercial users of artificial intelligence systems, as 
        well as independent researchers and other third parties, may 
        effectively notify appropriate elements of the United States 
        Government of--
                    (A) information security risks emanating from 
                artificial intelligence systems, such as the use of an 
                artificial intelligence system to develop or refine 
                malicious software;
                    (B) information security risks such as indications 
                of compromise or other threat information indicating a 
                compromise to the confidentiality, integrity, or 
                availability of an artificial intelligence system, or 
                to the supply chain of an artificial intelligence 
                system, including training or test data, frameworks, 
                computing environments, or other components necessary 
                for the training, management, or maintenance of an 
                artificial intelligence system;
                    (C) biosecurity risks emanating from artificial 
                intelligence systems, such as the use of an artificial 
                intelligence system to design, develop, or acquire 
                dual-use biological entities such as putatively toxic 
                small molecules, proteins, or pathogenic organisms;
                    (D) suspected foreign malign influence (as defined 
                by section 119C of the National Security Act of 1947 
                (50 U.S.C. 3059(f))) activity that appears to be 
                facilitated by an artificial intelligence system; and
                    (E) any other unlawful activity facilitated by, or 
                directed at, an artificial intelligence system;
            (2) elements of the Federal Government may provide threat 
        briefings to vendors of advanced computation capabilities and 
        vendors of artificial intelligence systems, alerting them, as 
        may be appropriate, to potential or confirmed foreign 
        exploitation of their systems, as well as malign foreign plans 
        and intentions.
    (c) Briefing Required.--
            (1) Appropriate committees of congress.--In this 
        subsection, the term ``appropriate committees of Congress'' 
        means--
                    (A) the congressional intelligence committees;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate; and
                    (C) the Committee on Homeland Security of the House 
                of Representatives.
            (2) In general.--The President shall provide the 
        appropriate committees of Congress a briefing on procedures 
        developed and issued pursuant to subsection (b).
            (3) Elements.--The briefing provided pursuant to paragraph 
        (2) shall include the following:
                    (A) A clear specification of which Federal agencies 
                are responsible for leading outreach to affected 
                industry and the public with respect to the matters 
                described in subparagraphs (A) through (E) of paragraph 
                (1) of subsection (b) and paragraph (2) of such 
                subsection.
                    (B) An outline of a plan for industry outreach and 
                public education regarding risks posed by, and directed 
                at, artificial intelligence systems.
                    (C) Use of research and development, stakeholder 
                outreach, and risk management frameworks established 
                pursuant to--
                            (i) provisions of law in effect on the day 
                        before the date of the enactment of this Act; 
                        or
                            (ii) Federal agency guidelines.

SEC. 505. ESTABLISHMENT OF ARTIFICIAL INTELLIGENCE SECURITY CENTER.

    (a) Establishment.--Not later than 90 days after the date of the 
enactment of this Act, the Director of the National Security Agency 
shall establish an Artificial Intelligence Security Center within the 
Cybersecurity Collaboration Center of the National Security Agency.
    (b) Functions.--The functions of the Artificial Intelligence 
Security Center shall be as follows:
            (1) Making available a research test bed to private sector 
        and academic researchers, on a subsidized basis, to engage in 
        artificial intelligence security research, including through 
        the secure provision of access in a secure environment to 
        proprietary third-party models, with the consent of the vendors 
        of the models.
            (2) Developing guidance to prevent or mitigate counter-
        artificial intelligence techniques.
            (3) Promoting secure artificial intelligence adoption 
        practices for managers of national security systems (as defined 
        in section 3552 of title 44, United States Code) and elements 
        of the defense industrial base.
            (4) Coordinating with the Artificial Intelligence Safety 
        Institute of the National Institute of Standards and 
        Technology.
            (5) Such other functions as the Director considers 
        appropriate.
    (c) Test Bed Requirements.--
            (1) Access and terms of usage.--
                    (A) Researcher access.--The Director shall 
                establish terms of usage governing researcher access to 
                the test bed made available under subsection (b)(1), 
                with limitations on researcher publication only to the 
                extent necessary to protect classified information or 
                proprietary information concerning third-party models 
                provided through the consent of model vendors.
                    (B) Availability to federal agencies.--The Director 
                shall ensure that the test bed made available under 
                subsection (b)(1) is also made available to other 
                Federal agencies on a cost-recovery basis.
            (2) Use of certain infrastructure and other resources.--In 
        carrying out subsection (b)(1), the Director shall leverage, to 
        the greatest extent practicable, infrastructure and other 
        resources provided under section 5.2 of the Executive Order 
        dated October 30, 2023 (relating to safe, secure, and 
        trustworthy development and use of artificial intelligence).
    (d) Access to Proprietary Models.--In carrying out this section, 
the Director shall establish such mechanisms as the Director considers 
appropriate, including potential contractual incentives, to ensure the 
provision of access to proprietary models by qualified independent 
third-party researchers if commercial model vendors have voluntarily 
provided models and associated resources for such testing.
    (e) Counter-artificial Intelligence Defined.--In this section, the 
term ``counter-artificial intelligence'' means techniques or procedures 
to extract information about the behavior or characteristics of an 
artificial intelligence system, or to learn how to manipulate an 
artificial intelligence system, in order to subvert the 
confidentiality, integrity, or availability of an artificial 
intelligence system or adjacent system.

SEC. 506. SENSE OF CONGRESS ENCOURAGING INTELLIGENCE COMMUNITY TO 
              INCREASE PRIVATE SECTOR CAPITAL PARTNERSHIPS AND 
              PARTNERSHIP WITH OFFICE OF STRATEGIC CAPITAL OF 
              DEPARTMENT OF DEFENSE TO SECURE ENDURING TECHNOLOGICAL 
              ADVANTAGES.

    It is the sense of Congress that--
            (1) acquisition leaders in the intelligence community 
        should further explore the strategic use of private capital 
        partnerships to secure enduring technological advantages for 
        the intelligence community, including through the 
        identification, development, and transfer of promising 
        technologies to full-scale programs capable of meeting 
        intelligence community requirements; and
            (2) the intelligence community should undertake regular 
        consultation with Federal partners, such as the Office of 
        Strategic Capital of the Office of the Secretary of Defense, on 
        best practices and lessons learned from their experiences 
        integrating these resources so as to accelerate attainment of 
        national security objectives.

SEC. 507. INTELLIGENCE COMMUNITY TECHNOLOGY BRIDGE FUND.

    (a) Definitions.--In this section:
            (1) Nonprofit organization.--The term ``nonprofit 
        organization'' means an organization that is described in 
        section 501(c)(3) of the Internal Revenue Code of 1986 and that 
        is exempt from tax under section 501(a) of such Code.
            (2) Work program.--The term ``work program'' means any 
        agreement between In-Q-Tel and a third-party company, where 
        such third-party company furnishes or is furnishing a product 
        or service for use by any of In-Q-Tel's government customers to 
        address those customers' technology needs or requirements.
    (b) Establishment of Fund.--There is established in the Treasury of 
the United States a fund to be known as the ``Intelligence Community 
Technology Bridge Fund'' (in this subsection referred to as the 
``Fund'') to assist in the transitioning of products or services from 
the research and development phase to the contracting and production 
phase.
    (c) Contents of Fund.--The Fund shall consist of amounts 
appropriated to the Fund, and amounts in the Fund shall remain 
available until expended.
    (d) Availability and Use of Fund.--
            (1) In general.--Subject to paragraph (3), amounts in the 
        Fund shall be available to the Director of National 
        Intelligence to provide assistance to a business or nonprofit 
        organization that is transitioning a product or service.
            (2) Types of assistance.--Assistance provided under 
        paragraph (1) may be distributed as funds in the form of a 
        grant, a payment for a product or service, or a payment for 
        equity.
            (3) Requirements for funds.--Assistance may be provided 
        under paragraph (1) to a business or nonprofit organization 
        that is transitioning a product or service only if--
                    (A) the business or nonprofit organization--
                            (i) has participated or is participating in 
                        a work program; or
                            (ii) is engaged with an element of the 
                        intelligence community or Department of Defense 
                        for research and development; and
                    (B) the Director of National Intelligence or the 
                head of an element of the intelligence community 
                attests that the product or service will be utilized by 
                an element of the intelligence community for a mission 
                need, such as because it would be valuable in 
                addressing a needed capability, fill or complement a 
                technology gap, or increase the supplier base or price-
                competitiveness for the Federal Government.
            (4) Priority for small business concerns and nontraditional 
        defense contractors.--In providing assistance under paragraph 
        (1), the Director shall prioritize the provision of assistance 
        to small business concerns (as defined under section 3(a) of 
        the Small Business Act (15 U.S.C. 632(a))) and nontraditional 
        defense contractors (as defined in section 3014 of title 10, 
        United States Code).
    (e) Administration of Fund.--
            (1) In general.--The Fund shall be administered by the 
        Director of National Intelligence.
            (2) Consultation.--In administering the Fund, the 
        Director--
                    (A) shall consult with the heads of the elements of 
                the intelligence community; and
                    (B) may consult with In-Q-Tel, the Defense Advanced 
                Research Project Agency, the North Atlantic Treaty 
                Organization Investment Fund, and the Defense 
                Innovation Unit.
    (f) Annual Reports.--
            (1) In general.--Not later than September 30, 2025, and 
        each fiscal year thereafter, the Director shall submit to the 
        congressional intelligence committees a report on the Fund.
            (2) Contents.--Each report submitted pursuant to paragraph 
        (1) shall include, for the period covered by the report, 
        information about the following:
                    (A) How much was expended or obligated using 
                amounts from the Fund.
                    (B) For what the amounts were expended or 
                obligated.
                    (C) The effects of such expenditures and 
                obligations.
                    (D) A summary of annual transition activities and 
                outcomes of such activities for the intelligence 
                community.
            (3) Form.--Each report submitted pursuant to paragraph (1) 
        shall be submitted in unclassified form, but may include a 
        classified annex.
    (g) Authorization of Appropriations.--
            (1) In general.--Subject to paragraph (2), there is 
        authorized to be appropriated to the Fund $75,000,000 for 
        fiscal year 2025 and for each fiscal year thereafter.
            (2) Limitation.--The amount in the Fund shall not exceed 
        $75,000,000 at any time.

SEC. 508. ENHANCEMENT OF AUTHORITY FOR INTELLIGENCE COMMUNITY PUBLIC-
              PRIVATE TALENT EXCHANGES.

    (a) Focus Areas.--Subsection (a) of section 5306 of the Damon Paul 
Nelson and Matthew Young Pollard Intelligence Authorization Act for 
Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 3334) is amended--
            (1) by striking ``Not later than'' and inserting the 
        following:
            ``(1) In general.--Not later than''; and
            (2) by adding at the end the following:
            ``(2) Focus areas.--The Director shall ensure that the 
        policies, processes, and procedures developed pursuant to 
        paragraph (1) include a focus on rotations described in such 
        paragraph with private-sector organizations in the following 
        fields:
                    ``(A) Finance.
                    ``(B) Acquisition.
                    ``(C) Biotechnology.
                    ``(D) Computing.
                    ``(E) Artificial intelligence.
                    ``(F) Business process innovation and 
                entrepreneurship.
                    ``(G) Cybersecurity.
                    ``(H) Materials and manufacturing.
                    ``(I) Any other technology or research field the 
                Director determines relevant to meet evolving national 
                security threats in technology sectors.''.
    (b) Duration of Temporary Details.--Subsection (e) of section 5306 
of the Damon Paul Nelson and Matthew Young Pollard Intelligence 
Authorization Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 
3334) is amended--
            (1) in paragraph (1), by striking ``3 years'' and inserting 
        ``5 years''; and
            (2) in paragraph (2), by striking ``3 years'' and inserting 
        ``5 years''.
    (c) Treatment of Private-sector Employees.--Subsection (g) of such 
section is amended--
            (1) in paragraph (5), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (6), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(7) shall not be considered to have a conflict of 
        interest with an element of the intelligence community solely 
        because of being detailed to an element of the intelligence 
        community under this section.''.
    (d) Hiring Authority.--Such section is amended--
            (1) by redesignating subsection (j) as subsection (k); and
            (2) by inserting after subsection (i) the following:
    ``(j) Hiring Authority.--
            ``(1) In general.--The Director may hire, under section 
        213.3102(r) of title 5, Code of Federal Regulations, or 
        successor regulations, an individual who is an employee of a 
        private-sector organization who is detailed to an element of 
        the intelligence community under this section.
            ``(2) No personnel billet required.--Hiring an individual 
        under paragraph (1) shall not require a personnel billet.''.
    (e) Annual Reports.--Not later than 1 year after the date of the 
enactment of this Act and annually thereafter for 2 more years, the 
Director of National Intelligence shall submit to the congressional 
intelligence committees an annual report on--
            (1) the implementation of the policies, processes, and 
        procedures developed pursuant to subsection (a) of such section 
        5306 (50 U.S.C. 3334) and the administration of such section;
            (2) how the heads of the elements of the intelligence 
        community are using or plan to use the authorities provided 
        under such section; and
            (3) recommendations for legislative or administrative 
        action to increase use of the authorities provided under such 
        section.

SEC. 509. ENHANCING INTELLIGENCE COMMUNITY ABILITY TO ACQUIRE EMERGING 
              TECHNOLOGY THAT FULFILLS INTELLIGENCE COMMUNITY NEEDS.

    (a) Definition of Work Program.--The term ``work program'' means 
any agreement between In-Q-Tel and a third-party company, where such 
third-party company furnishes or is furnishing a property, product, or 
service for use by any of In-Q-Tel's government customers to address 
those customers' technology needs or requirements.
    (b) In General.--In addition to the exceptions listed under section 
3304(a) of title 41, United States Code, and under section 3204(a) of 
title 10, United States Code, for the use of competitive procedures, 
the Director of National Intelligence or the head of an element of the 
intelligence community may use procedures other than competitive 
procedures to acquire a property, product, or service if--
            (1) the source of the property, product, or service is a 
        company that completed a work program in which the company 
        furnished the property, product, or service; and
            (2) the Director of National Intelligence or the head of an 
        element of the intelligence community certifies that such 
        property, product, or service has been shown to meet an 
        identified need of the intelligence community.
    (c) Justification for Use of Procedures Other Than Competitive 
Procedures.--
            (1) In general.--A property, product, or service may not be 
        acquired by the Director or the head of an element of the 
        intelligence community under subsection (b) using procedures 
        other than competitive procedures unless the acquiring officer 
        for the acquisition justifies the use of such procedures in 
        writing.
            (2) Contents.--A justification in writing described in 
        paragraph (1) for an acquisition using procedures other than 
        competitive procedures shall include the following:
                    (A) A description of the need of the element of the 
                intelligence community that the property, product, or 
                service satisfies.
                    (B) A certification that the anticipated costs will 
                be fair and reasonable.
                    (C) A description of the market survey conducted or 
                a statement of the reasons a market survey was not 
                conducted.
                    (D) Such other matters as the Director or the head, 
                as the case may be, determines appropriate.

SEC. 510. MANAGEMENT OF ARTIFICIAL INTELLIGENCE SECURITY RISKS.

    (a) Definitions.--In this section:
            (1) Artificial intelligence safety incident.--The term 
        ``artificial intelligence safety incident'' means an event that 
        increases the risk that operation of an artificial intelligence 
        system will--
                    (A) result in physical or psychological harm; or
                    (B) lead to a state in which human life, health, 
                property, or the environment is endangered.
            (2) Artificial intelligence security incident.--The term 
        ``artificial intelligence security incident'' means an event 
        that increases--
                    (A) the risk that operation of an artificial 
                intelligence system occurs in a way that enables the 
                extraction of information about the behavior or 
                characteristics of an artificial intelligence system by 
                a third party; or
                    (B) the ability of a third party to manipulate an 
                artificial intelligence system to subvert the 
                confidentiality, integrity, or availability of an 
                artificial intelligence system or adjacent system.
            (3) Artificial intelligence security vulnerability.--The 
        term ``artificial intelligence security vulnerability'' means a 
        weakness in an artificial intelligence system that could be 
        exploited by a third party to, without authorization, subvert 
        the confidentiality, integrity, or availability of an 
        artificial intelligence system, including through techniques 
        such as--
                    (A) data poisoning;
                    (B) evasion attacks;
                    (C) privacy-based attacks; and
                    (D) abuse attacks.
            (4) Counter-artificial intelligence.--The term ``counter-
        artificial intelligence'' means techniques or procedures to 
        extract information about the behavior or characteristics of an 
        artificial intelligence system, or to learn how to manipulate 
        an artificial intelligence system, so as to subvert the 
        confidentiality, integrity, or availability of an artificial 
        intelligence system or adjacent system.
    (b) Voluntary Tracking and Processing of Security and Safety 
Incidents and Risks Associated With Artificial Intelligence.--
            (1) Processes and procedures for vulnerability 
        management.--Not later than 180 days after the date of the 
        enactment of this Act, the Director of the National Institute 
        of Standards and Technology shall--
                    (A) initiate a process to update processes and 
                procedures associated with the National Vulnerability 
                Database of the Institute to ensure that the database 
                and associated vulnerability management processes 
                incorporate artificial intelligence security 
                vulnerabilities to the greatest extent practicable; and
                    (B) identify any characteristics of artificial 
                intelligence security vulnerabilities that make 
                utilization of the National Vulnerability Database 
                inappropriate for their management and develop 
                processes and procedures for vulnerability management 
                of those vulnerabilities.
            (2) Voluntary tracking of artificial intelligence security 
        and artificial intelligence safety incidents.--
                    (A) Voluntary database required.--Not later than 1 
                year after the date of the enactment of this Act, the 
                Director of the Institute, in coordination with the 
                Director of the Cybersecurity and Infrastructure 
                Security Agency, shall--
                            (i) develop and establish a comprehensive 
                        database to publicly track artificial 
                        intelligence security and artificial 
                        intelligence safety incidents through voluntary 
                        input; and
                            (ii) in establishing the database under 
                        clause (i)--
                                    (I) establish mechanisms by which 
                                private sector entities, public sector 
                                organizations, civil society groups, 
                                and academic researchers may 
                                voluntarily share information with the 
                                Institute on confirmed or suspected 
                                artificial intelligence security or 
                                artificial intelligence safety 
                                incidents, in a manner that preserves 
                                the confidentiality of any affected 
                                party;
                                    (II) leverage, to the greatest 
                                extent possible, standardized 
                                disclosure and incident description 
                                formats;
                                    (III) develop processes to 
                                associate reports pertaining to the 
                                same incident with a single incident 
                                identifier;
                                    (IV) establish classification, 
                                information retrieval, and reporting 
                                mechanisms that sufficiently 
                                differentiate between artificial 
                                intelligence security incidents and 
                                artificial intelligence safety 
                                incidents; and
                                    (V) create appropriate taxonomies 
                                to classify incidents based on relevant 
                                characteristics, impact, or other 
                                relevant criteria.
                    (B) Identification and treatment of material 
                artificial intelligence security or artificial 
                intelligence safety risks.--
                            (i) In general.--Upon receipt of relevant 
                        information on an artificial intelligence 
                        security or artificial intelligence safety 
                        incident, the Director of the Institute shall 
                        determine whether the described incident 
                        presents a material artificial intelligence 
                        security or artificial intelligence safety risk 
                        sufficient for inclusion in the database 
                        developed and established under subparagraph 
                        (A).
                            (ii) Priorities.--In evaluating a reported 
                        incident pursuant to subparagraph (A), the 
                        Director shall prioritize inclusion in the 
                        database cases in which a described incident--
                                    (I) describes an artificial 
                                intelligence system used in critical 
                                infrastructure or safety-critical 
                                systems;
                                    (II) would result in a high-
                                severity or catastrophic impact to the 
                                people or economy of the United States; 
                                or
                                    (III) includes an artificial 
                                intelligence system widely used in 
                                commercial or public sector contexts.
                    (C) Reports and anonymity.--The Director shall 
                populate the database developed and established under 
                subparagraph (A) with incidents based on public reports 
                and information shared using the mechanism established 
                pursuant to clause (ii)(I) of such subparagraph, 
                ensuring that any incident description sufficiently 
                anonymizes those affected, unless those who are 
                affected have consented to their names being included 
                in the database.
    (c) Updating Processes and Procedures Relating to Common 
Vulnerabilities and Exposures Program and Evaluation of Consensus 
Standards Relating to Artificial Intelligence Security Vulnerability 
Reporting.--
            (1) Definitions.--In this subsection:
                    (A) Common vulnerabilities and exposures program.--
                The term ``Common Vulnerabilities and Exposures 
                Program'' means the reference guide and classification 
                system for publicly known information security 
                vulnerabilities sponsored by the Cybersecurity and 
                Infrastructure Security Agency.
                    (B) Director.--The term ``Director'' means the 
                Director of the Cybersecurity and Infrastructure 
                Security Agency.
                    (C) Relevant congressional committees.--The term 
                ``relevant congressional committees'' means--
                            (i) the Committee on Homeland Security and 
                        Governmental Affairs of the Senate;
                            (ii) the Committee on Commerce, Science, 
                        and Transportation of the Senate;
                            (iii) the Select Committee on Intelligence 
                        of the Senate;
                            (iv) the Committee on the Judiciary of the 
                        Senate;
                            (v) the Committee on Oversight and 
                        Accountability of the House of Representatives;
                            (vi) the Committee on Energy and Commerce 
                        of the House of Representatives;
                            (vii) the Permanent Select Committee on 
                        Intelligence of the House of Representatives; 
                        and
                            (viii) the Committee on the Judiciary of 
                        the House of Representatives.
            (2) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Director shall--
                    (A) initiate a process to update processes and 
                procedures associated with the Common Vulnerabilities 
                and Exposures Program to ensure that the program and 
                associated processes identify and enumerate artificial 
                intelligence security vulnerabilities to the greatest 
                extent practicable; and
                    (B) identify any characteristic of artificial 
                intelligence security vulnerabilities that makes 
                utilization of the Common Vulnerabilities and Exposures 
                Program inappropriate for their management and develop 
                processes and procedures for vulnerability 
                identification and enumeration of those artificial 
                intelligence security vulnerabilities.
            (3) Evaluation of consensus standards.--
                    (A) In general.--Not later than 30 days after the 
                date of enactment of this Act, the Director of the 
                National Institute of Standards and Technology shall 
                initiate a multi-stakeholder process to evaluate 
                whether existing voluntary consensus standards for 
                vulnerability reporting effectively accommodate 
                artificial intelligence security vulnerabilities.
                    (B) Report.--
                            (i) Submission.--Not later than 180 days 
                        after the date on which the evaluation under 
                        subparagraph (A) is carried out, the Director 
                        shall submit a report to the relevant 
                        congressional committees on the sufficiency of 
                        existing vulnerability reporting processes and 
                        standards to accommodate artificial 
                        intelligence security vulnerabilities.
                            (ii) Post-report action.--If the Director 
                        concludes in the report submitted under clause 
                        (i) that existing processes do not sufficiently 
                        accommodate reporting of artificial 
                        intelligence security vulnerabilities, the 
                        Director shall initiate a process, in 
                        consultation with the Director of the National 
                        Institute of Standards and Technology and the 
                        Director of the Office of Management and 
                        Budget, to update relevant vulnerability 
                        reporting processes, including the Department 
                        of Homeland Security Binding Operational 
                        Directive 20-01, or any subsequent directive.
            (4) Best practices.--Not later than 90 days after the date 
        of enactment of this Act, the Director shall, in collaboration 
        with the Director of the National Security Agency and the 
        Director of the National Institute of Standards and Technology 
        and leveraging efforts of the Information Communications 
        Technology Supply Chain Risk Management Task Force to the 
        greatest extent practicable, convene a multi-stakeholder 
        process to encourage the development and adoption of best 
        practices relating to addressing supply chain risks associated 
        with training and maintaining artificial intelligence models, 
        which shall ensure consideration of supply chain risks 
        associated with--
                    (A) data collection, cleaning, and labeling, 
                particularly the supply chain risks of reliance on 
                remote workforce and foreign labor for such tasks;
                    (B) inadequate documentation of training data and 
                test data storage, as well as limited provenance of 
                training data;
                    (C) human feedback systems used to refine 
                artificial intelligence systems, particularly the 
                supply chain risks of reliance on remote workforce and 
                foreign labor for such tasks;
                    (D) the use of large-scale, open-source datasets, 
                particularly the supply chain risks to repositories 
                that host such datasets for use by public and private 
                sector developers in the United States; and
                    (E) the use of proprietary datasets containing 
                sensitive or personally identifiable information.

SEC. 511. PROTECTION OF TECHNOLOGICAL MEASURES DESIGNED TO VERIFY 
              AUTHENTICITY OR PROVENANCE OF MACHINE-MANIPULATED MEDIA.

    (a) Definitions.--In this section:
            (1) Machine-manipulated media.--The term ``machine-
        manipulated media'' has the meaning given such term in section 
        5724 of the Damon Paul Nelson and Matthew Young Pollard 
        Intelligence Authorization Act for Fiscal Years 2018, 2019, and 
        2020 (Public Law 116-92; 50 U.S.C. 3024 note).
            (2) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 
        Samoa, and the Commonwealth of the Northern Mariana Islands.
    (b) Prohibitions.--
            (1) Prohibition on concealing subversion.--No person shall 
        knowingly and with the intent or substantial likelihood of 
        deceiving a third party, enable, facilitate, or conceal the 
        subversion of a technological measure designed to verify the 
        authenticity, modifications, or conveyance of machine-
        manipulated media, or characteristics of the provenance of the 
        machine-manipulated media, by generating information about the 
        authenticity of a piece of content that is knowingly false.
            (2) Prohibition on fraudulent distribution.--No person 
        shall knowingly and for financial benefit, enable, facilitate, 
        or conceal the subversion of a technological measure described 
        in paragraph (1) by distributing machine-manipulated media with 
        knowingly false information about the authenticity of a piece 
        of machine-manipulated media.
            (3) Prohibition on products and services for 
        circumvention.--No person shall deliberately manufacture, 
        import, or offer to the public a technology, product, service, 
        device, component, or part thereof that--
                    (A) is primarily designed or produced and promoted 
                for the purpose of circumventing, removing, or 
                otherwise disabling a technological measure described 
                in paragraph (1) with the intent or substantial 
                likelihood of deceiving a third party about the 
                authenticity of a piece of machine-manipulated media;
                    (B) has only limited commercially significant or 
                expressive purpose or use other than to circumvent, 
                remove, or otherwise disable a technological measure 
                designed to verify the authenticity of machine-
                manipulated media and is promoted for such purposes; or
                    (C) is marketed by that person or another acting in 
                concert with that person with that person's knowledge 
                for use in circumventing, removing, or otherwise 
                disabling a technological measure described in 
                paragraph (1) with an intent to deceive a third party 
                about the authenticity of a piece of machine-
                manipulated media.
    (c) Exemptions.--
            (1) In general.--Nothing in subsection (b) shall inhibit 
        the ability of any individual to access, read, or review a 
        technological measure described in paragraph (1) of such 
        subsection or to access, read, or review the provenance, 
        modification, or conveyance information contained therein.
            (2) Exemption for nonprofit libraries, archives, and 
        educational institutions.--
                    (A) In general.--Except as otherwise provided in 
                this subsection, subsection (b) shall not apply to a 
                nonprofit library, archives, or educational institution 
                which generates, distributes, or otherwise handles 
                machine-manipulated media.
                    (B) Commercial advantage, financial gain, or 
                tortious conduct.--The exception in subparagraph (A) 
                shall not apply to a nonprofit library, archive, or 
                educational institution that willfully for the purpose 
                of commercial advantage, financial gain, or in 
                furtherance of tortious conduct violates a provision of 
                subsection (b), except that a nonprofit library, 
                archive, or educational institution that willfully for 
                the purpose of commercial advantage, financial gain, or 
                in furtherance of tortious conduct violates a provision 
                of subsection (b) shall--
                            (i) for the first offense, be subject to 
                        the civil remedies under subsection (d); and
                            (ii) for repeated or subsequent offenses, 
                        in addition to the civil remedies under 
                        subsection (d), forfeit the exemption provided 
                        under subparagraph (A).
                    (C) Circumventing technologies.--This paragraph may 
                not be used as a defense to a claim under paragraph (3) 
                of subsection (b), nor may this subsection permit a 
                nonprofit library, archive, or educational institution 
                to manufacture, import, offer to the public, provide, 
                or otherwise traffic in any technology, product, 
                service, component, or part thereof, that circumvents a 
                technological measure described in paragraph (1) of 
                such subsection.
                    (D) Qualifications of libraries and archives.--In 
                order for a library or archive to qualify for the 
                exemption under subparagraph (A), the collections of 
                that library or archive shall be--
                            (i) open to the public; or
                            (ii) available not only to researchers 
                        affiliated with the library or archive or with 
                        the institution of which it is a part, but also 
                        to other persons doing research in a 
                        specialized field.
            (3) Reverse engineering.--
                    (A) Definitions.--In this paragraph:
                            (i) Circumvention.--The term 
                        ``circumvention'' means to remove, deactivate, 
                        disable, or impair a technological measure 
                        designed to verify the authenticity of machine-
                        manipulated media or characteristics of its 
                        provenance, modifications, or conveyance.
                            (ii) Interoperability.--The term 
                        ``interoperability'' means the ability of--
                                    (I) computer programs to exchange 
                                information; and
                                    (II) such programs mutually to use 
                                the information which has been 
                                exchanged.
                    (B) In general.--An authorized user of a 
                technological measure described in subsection (b)(1) 
                may circumvent such technological measure for the sole 
                purpose of identifying and analyzing those elements of 
                the technological measure that are necessary to achieve 
                interoperability with that authorized user's own 
                technological measures intended for similar purposes of 
                verifying the authenticity of machine-manipulated media 
                or characteristics of its provenance, modifications, or 
                conveyance.
                    (C) Law enforcement, intelligence, and other 
                government activities.--Subsection (b) does not 
                prohibit any lawfully authorized investigative, 
                protective, information security, or intelligence 
                activity of an officer, agent, or employee of the 
                United States, a State, or a political subdivision of a 
                State, or a person acting pursuant to a contract with 
                the United States, a State, or a political subdivision 
                of a State.
    (d) Enforcement by Attorney General.--
            (1) Civil actions.--The Attorney General may bring a civil 
        action in an appropriate United States district court against 
        any person who violates subsection (b).
            (2) Powers of the court.--In an action brought under 
        paragraph (1), the court--
                    (A) may grant temporary and permanent injunctions 
                on such terms as it deems reasonable to prevent or 
                restrain a violation, but in no event shall impose a 
                prior restraint on free speech or the press protected 
                under the First Amendment to the Constitution of the 
                United States;
                    (B) at any time while an action is pending, may 
                order the impounding, on such terms as it deems 
                reasonable, of any device or product that is in the 
                custody or control of the alleged violator and that the 
                court has reasonable cause to believe was involved in a 
                violation;
                    (C) may award damages under paragraph (3);
                    (D) in its discretion may allow the recovery of 
                costs against any party other than the United States or 
                an officer thereof; and
                    (E) may, as part of a final judgment or decree 
                finding a violation, order the remedial modification or 
                the destruction of any device or product involved in 
                the violation that is in the custody or control of the 
                violator or has been impounded under subparagraph (B).
            (3) Award of damages.--
                    (A) In general.--Except as otherwise provided in 
                this section, a person committing a violation of 
                subsection (b) is liable for statutory damages as 
                provided in subparagraph (C).
                    (B) Statutory damages.--
                            (i) Election of amount based on number of 
                        acts of circumvention.--At any time before 
                        final judgment is entered, the Attorney General 
                        may elect to recover an award of statutory 
                        damages for each violation of subsection (b) in 
                        the sum of not less than $200 or more than 
                        $2,500 per act of circumvention, device, 
                        product, component, offer, or performance of 
                        service, as the court considers just.
                            (ii) Election of amount; total amount.--At 
                        any time before final judgment is entered, the 
                        Attorney General may elect to recover an award 
                        of statutory damages for each violation of 
                        subsection (b) in the sum of not less than 
                        $2,500 or more than $25,000.
                    (C) Repeated violations.--In any case in which the 
                Attorney General sustains the burden of proving, and 
                the court finds, that a person has violated subsection 
                (b) within 3 years after a final judgment was entered 
                against the person for another such violation, the 
                court may increase the award of damages up to triple 
                the amount that would otherwise be awarded, as the 
                court considers just.
                    (D) Innocent violations.--
                            (i) In general.--The court in its 
                        discretion may reduce or remit the total award 
                        of damages in any case in which the violator 
                        sustains the burden of proving, and the court 
                        finds, that the violator was not aware and had 
                        no reason to believe that its acts constituted 
                        a violation.
                            (ii) Nonprofit library, archive, 
                        educational institutions, or public 
                        broadcasting entities.--In the case of a 
                        nonprofit library, archive, educational 
                        institution, or public broadcasting entity, the 
                        court shall remit damages in any case in which 
                        the library, archive, educational institution, 
                        or public broadcasting entity sustains the 
                        burden of proving, and the court finds, that 
                        the library, archive, educational institution, 
                        or public broadcasting entity was not aware and 
                        had no reason to believe that its acts 
                        constituted a violation.

SEC. 512. SENSE OF CONGRESS ON HOSTILE FOREIGN CYBER ACTORS.

    It is the sense of Congress that foreign ransomware organizations, 
and foreign affiliates associated with them, constitute hostile foreign 
cyber actors, that covered nations abet and benefit from the activities 
of these actors, and that such actors should be treated as hostile 
foreign cyber actors by the United States. Such actors include the 
following:
            (1) DarkSide.
            (2) Conti.
            (3) REvil.
            (4) BlackCat, also known as ``ALPHV''.
            (5) LockBit.
            (6) Rhysida, also known as ``Vice Society''.
            (7) Royal.
            (8) Phobos, also known as ``Eight'' and also known as 
        ``Joanta''.
            (9) C10p.
            (10) Hackers associated with the SamSam ransomware 
        campaigns.
            (11) Play.
            (12) BianLian.
            (13) Killnet.
            (14) Akira.
            (15) Ragnar Locker, also known as ``Dark Angels''.
            (16) Blacksuit.
            (17) INC.
            (18) Black Basta.

SEC. 513. DESIGNATION OF STATE SPONSORS OF RANSOMWARE AND REPORTING 
              REQUIREMENTS.

    (a) Designation of State Sponsors of Ransomware.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, and annually thereafter, the 
        Secretary of State, in consultation with the Director of 
        National Intelligence, shall--
                    (A) designate as a state sponsor of ransomware any 
                country the government of which the Secretary has 
                determined has provided support for ransomware demand 
                schemes (including by providing safe haven for 
                individuals engaged in such schemes);
                    (B) submit to Congress a report listing the 
                countries designated under subparagraph (A); and
                    (C) in making designations under subparagraph (A), 
                take into consideration the report submitted to 
                Congress under section 514(c)(1).
            (2) Sanctions and penalties.--The President shall impose 
        with respect to each state sponsor of ransomware designated 
        under paragraph (1)(A) the sanctions and penalties imposed with 
        respect to a state sponsor of terrorism.
            (3) State sponsor of terrorism defined.--In this 
        subsection, the term ``state sponsor of terrorism'' means a 
        country the government of which the Secretary of State has 
        determined has repeatedly provided support for acts of 
        international terrorism, for purposes of--
                    (A) section 1754(c)(1)(A)(i) of the Export Control 
                Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
                    (B) section 620A of the Foreign Assistance Act of 
                1961 (22 U.S.C. 2371);
                    (C) section 40(d) of the Arms Export Control Act 
                (22 U.S.C. 2780(d)); or
                    (D) any other provision of law.
    (b) Reporting Requirements.--
            (1) Sanctions relating to ransomware report.--Not later 
        than 180 days after the date of the enactment of this Act, the 
        Secretary of the Treasury shall submit a report to Congress 
        that describes, for each of the 5 fiscal years immediately 
        preceding the date of such report, the number and geographic 
        locations of individuals, groups, and entities subject to 
        sanctions imposed by the Office of Foreign Assets Control who 
        were subsequently determined to have been involved in a 
        ransomware demand scheme.
            (2) Country of origin report.--The Secretary of State, in 
        consultation with the Director of National Intelligence and the 
        Director of the Federal Bureau of Investigation, shall--
                    (A) submit a report, with a classified annex, to 
                the Committee on Foreign Relations of the Senate, the 
                Select Committee on Intelligence of the Senate, the 
                Committee on Foreign Affairs of the House of 
                Representatives, and the Permanent Select Committee on 
                Intelligence of the House of Representatives that 
                identifies the country of origin of foreign-based 
                ransomware attacks; and
                    (B) make the report described in subparagraph (A) 
                (excluding the classified annex) available to the 
                public.
            (3) Investigative authorities report.--Not later than 180 
        days after the date of the enactment of this Act, the 
        Comptroller General of the United States shall issue a report 
        that outlines the authorities available to the Federal Bureau 
        of Investigation, the United States Secret Service, the 
        Cybersecurity and Infrastructure Security Agency, Homeland 
        Security Investigations, and the Office of Foreign Assets 
        Control to respond to foreign-based ransomware attacks.

SEC. 514. DEEMING RANSOMWARE THREATS TO CRITICAL INFRASTRUCTURE A 
              NATIONAL INTELLIGENCE PRIORITY.

    (a) Critical Infrastructure Defined.--In this section, the term 
``critical infrastructure'' has the meaning given such term in 
subsection (e) of the Critical Infrastructures Protection Act of 2001 
(42 U.S.C. 5195c(e)).
    (b) Ransomware Threats to Critical Infrastructure as National 
Intelligence Priority.--The Director of National Intelligence, pursuant 
to the provisions of the National Security Act of 1947 (50 U.S.C. 3001 
et seq.), the Intelligence Reform and Terrorism Prevention Act of 2004 
(Public Law 108-458), section 1.3(b)(17) of Executive Order 12333 (50 
U.S.C. 3001 note; relating to United States intelligence activities), 
as in effect on the day before the date of the enactment of this Act, 
and National Security Presidential Directive-26 (February 24, 2003; 
relating to intelligence priorities), as in effect on the day before 
the date of the enactment of this Act, shall deem ransomware threats to 
critical infrastructure a national intelligence priority component to 
the National Intelligence Priorities Framework.
    (c) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the Director of National 
        Intelligence shall, in consultation with the Director of the 
        Federal Bureau of Investigation, submit to the Select Committee 
        on Intelligence of the Senate and the Permanent Select 
        Committee on Intelligence of the House of Representatives a 
        report on the implications of the ransomware threat to United 
        States national security.
            (2) Contents.--The report submitted under paragraph (1) 
        shall address the following:
                    (A) Identification of individuals, groups, and 
                entities who pose the most significant threat, 
                including attribution to individual ransomware attacks 
                whenever possible.
                    (B) Locations from which individuals, groups, and 
                entities conduct ransomware attacks.
                    (C) The infrastructure, tactics, and techniques 
                ransomware actors commonly use.
                    (D) Any relationships between the individuals, 
                groups, and entities that conduct ransomware attacks 
                and their governments or countries of origin that could 
                impede the ability to counter ransomware threats.
                    (E) Intelligence gaps that have impeded, or 
                currently are impeding, the ability to counter 
                ransomware threats.
            (3) Form.--The report submitted under paragraph (1) shall 
        be submitted in unclassified form, but may include a classified 
        annex.

                    TITLE VI--CLASSIFICATION REFORM

SEC. 601. GOVERNANCE OF CLASSIFICATION AND DECLASSIFICATION SYSTEM.

    (a) Definitions.--In this section:
            (1) Controlled unclassified information.--The term 
        ``controlled unclassified information'' means information 
        described as ``Controlled Unclassified Information'' or ``CUI'' 
        in Executive Order 13556 (75 Fed. Reg. 68675; relating to 
        controlled unclassified information), or any successor order.
            (2) Executive agent.--The term ``Executive Agent'' means 
        the Executive Agent for Classification and Declassification 
        designated under subsection (b)(1)(A).
            (3) Executive committee.--The term ``Executive Committee'' 
        means the Executive Committee on Classification and 
        Declassification Programs and Technology established under 
        subsection (b)(1)(C).
    (b) Establishment of Classification and Declassification 
Governance.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the President shall--
                    (A) designate a Federal official as Executive Agent 
                for Classification and Declassification to identify and 
                promote technological solutions to support efficient 
                and effective systems for classification and 
                declassification to be implemented on an interoperable 
                and federated basis across the Federal Government;
                    (B) designate a Federal official--
                            (i) to establish policies and guidance 
                        relating to classification and declassification 
                        and controlled unclassified information across 
                        the Federal Government;
                            (ii) to conduct oversight of the 
                        implementation of such policies and guidance; 
                        and
                            (iii) who may, at the discretion of the 
                        President, also serve as Executive Agent; and
                    (C) establish an Executive Committee on 
                Classification and Declassification Programs and 
                Technology to provide direction, advice, and guidance 
                to the Executive Agent.
            (2) Executive committee.--
                    (A) Composition.--The Executive Committee shall be 
                composed of the following or their designees:
                            (i) The Director of National Intelligence.
                            (ii) The Under Secretary of Defense for 
                        Intelligence and Security.
                            (iii) The Secretary of Energy.
                            (iv) The Secretary of State.
                            (v) The Director of the Office of 
                        Management and Budget.
                            (vi) The Archivist of the United States.
                            (vii) The Federal official designated under 
                        subsection (b)(1)(B) if such official is not 
                        also the Executive Agent.
                            (viii) Such other members as the Executive 
                        Agent considers appropriate.
                    (B) Chairperson.--The Executive Agent shall be the 
                chairperson of the Executive Committee.
    (c) Report to Congress.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act, the President shall submit to 
        Congress a report on the administration of this section.
            (2) Contents.--The report submitted pursuant to paragraph 
        (1) shall include the following:
                    (A) Funding, personnel, expertise, and resources 
                required for the Executive Agent and a description of 
                how such funding, personnel, expertise, and resources 
                will be provided.
                    (B) Authorities needed by the Executive Agent, a 
                description of how such authorities will be granted, 
                and a description of any additional statutory 
                authorities required.
                    (C) Funding, personnel, expertise, and resources 
                required by the Federal official designated under 
                subsection (b)(1)(B) and a description of how such 
                funding, personnel, expertise, and resources will be 
                provided.
                    (D) Authorities needed by the Federal official 
                designated under subsection (b)(1)(B), a description of 
                how such authorities will be provided, and a 
                description of any additional statutory authorities 
                required.
                    (E) Funding and resources required by the Public 
                Interest Declassification Board.
    (d) Public Reporting.--
            (1) In general.--The report required by subsection (c) 
        shall be made available to the public to the greatest extent 
        possible consistent with the protection of sources and methods.
            (2) Publication in federal register.--The President shall 
        publish in the Federal Register the roles and responsibilities 
        of the Federal officials designated under subsection (b), the 
        Executive Committee, and any subordinate individuals or 
        entities.

SEC. 602. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.

    (a) In General.--Title VIII of the National Security Act of 1947 
(50 U.S.C. 3161 et seq.) is amended by inserting after section 801 the 
following:

``SEC. 801A. CLASSIFICATION AND DECLASSIFICATION OF INFORMATION.

    ``(a) In General.--The President may, in accordance with this 
section, protect from unauthorized disclosure any information owned by, 
produced by or for, or under the control of the executive branch of the 
Federal Government when there is a demonstrable need to do so to 
protect the national security of the United States.
    ``(b) Establishment of Standards, Categories, and Procedures for 
Classification and Declassification.--
            ``(1) Governmentwide procedures.--
                    ``(A) Classification.--The President shall, to the 
                extent necessary, establish categories of information 
                that may be classified and procedures for classifying 
                information under subsection (a).
                    ``(B) Declassification.--At the same time the 
                President establishes categories and procedures under 
                subparagraph (A), the President shall establish 
                procedures for declassifying information that was 
                previously classified.
                    ``(C) Minimum requirements.--The procedures 
                established pursuant to subparagraphs (A) and (B) 
                shall--
                            ``(i) be the exclusive means for 
                        classifying information on or after the 
                        effective date established by subsection (c), 
                        except with respect to information classified 
                        pursuant to the Atomic Energy Act of 1954 (42 
                        U.S.C. 2011 et seq.);
                            ``(ii) ensure that no information is 
                        classified unless there is a demonstrable need 
                        to do so to protect the national security and 
                        there is a reasonable basis to believe that 
                        means other than classification will not 
                        provide sufficient protection;
                            ``(iii) ensure that no information may 
                        remain classified indefinitely;
                            ``(iv) ensure that no information shall be 
                        classified, continue to be maintained as 
                        classified, or fail to be declassified in 
                        order--
                                    ``(I) to conceal violations of law, 
                                inefficiency, or administrative error;
                                    ``(II) to prevent embarrassment to 
                                a person, organization, or agency;
                                    ``(III) to restrain competition; or
                                    ``(IV) to prevent or delay the 
                                release of information that does not 
                                require protection in the interest of 
                                the national security;
                            ``(v) ensure that basic scientific research 
                        information not clearly related to the national 
                        security shall not be classified;
                            ``(vi) ensure that information may not be 
                        reclassified after being declassified and 
                        released to the public under proper authority 
                        unless personally approved by the President 
                        based on a determination that such 
                        reclassification is required to prevent 
                        significant and demonstrable damage to the 
                        national security;
                            ``(vii) establish standards and criteria 
                        for the classification of information;
                            ``(viii) establish standards, criteria, and 
                        timelines for the declassification of 
                        information classified under this section;
                            ``(ix) provide for the automatic 
                        declassification of classified records with 
                        permanent historical value not more than 50 
                        years after the date of origin of such records, 
                        unless the head of each agency that classified 
                        information contained in such records makes a 
                        written determination to delay automatic 
                        declassification and such determination is 
                        reviewed not less frequently than every 10 
                        years;
                            ``(x) provide for the timely review of 
                        materials submitted for pre-publication;
                            ``(xi) ensure that due regard is given for 
                        the public interest in disclosure of 
                        information;
                            ``(xii) ensure that due regard is given for 
                        the interests of departments and agencies in 
                        sharing information at the lowest possible 
                        level of classification;
                    ``(D) Submittal to congress.--The President shall 
                submit to Congress the categories and procedures 
                established under subsection (b)(1)(A) and the 
                procedures established under subsection (b)(1)(B) at 
                least 60 days prior to their effective date.
            ``(2) Agency standards and procedures.--
                    ``(A) In general.--The head of each agency shall 
                establish a single set of consolidated standards and 
                procedures to permit such agency to classify and 
                declassify information created by such agency in 
                accordance with the categories and procedures 
                established by the President under this section and 
                otherwise to carry out this section.
                    ``(B) Submittal to congress.--Each agency head 
                shall submit to Congress the standards and procedures 
                established by such agency head under subparagraph (A).
    ``(c) Effective Date.--
            ``(1) In general.--Subsections (a) and (b) shall take 
        effect on the date that is 180 days after the date of the 
        enactment of the Intelligence Authorization Act for Fiscal Year 
        2025.
            ``(2) Relation to presidential directives.--Presidential 
        directives regarding classifying, safeguarding, and 
        declassifying national security information, including 
        Executive Order 13526 (50 U.S.C. 3161 note; relating to 
        classified national security information), in effect on the day 
        before the date of the enactment of this Act, as well as 
        procedures issued pursuant to such Presidential directives, 
        shall remain in effect until superseded by procedures issued 
        pursuant to subsection (b).''.
    (b) Conforming Amendment.--Section 805(2) of such Act (50 U.S.C. 
3164(2)) is amended by inserting ``section 801A,'' before ``Executive 
Order''.
    (c) Clerical Amendment.--The table of contents preceding section 2 
of such Act is amended by inserting after the item relating to section 
801 the following new item:

``Sec. 801A. Classification and declassification of information.''.

SEC. 603. MINIMUM STANDARDS FOR EXECUTIVE AGENCY INSIDER THREAT 
              PROGRAMS.

    (a) Definitions.--In this section:
            (1) Agency.--The term ``agency'' means any Executive agency 
        as defined in section 105 of title 5, United States Code, any 
        military department as defined in section 102 of such title, 
        and any other entity in the executive branch of the Federal 
        Government that comes into the possession of classified 
        information.
            (2) Classified information.--The term ``classified 
        information'' means information that has been determined to 
        require protection from unauthorized disclosure pursuant to 
        Executive Order 13526 (50 U.S.C. 3161 note; relating to 
        classified national security information), or predecessor or 
        successor order, to protect the national security of the United 
        States.
    (b) Establishment of Insider Threat Programs.--Each head of an 
agency with access to classified information shall establish an insider 
threat program to protect classified information from unauthorized 
disclosure.
    (c) Minimum Standards.--In carrying out an insider threat program 
established by the head of an agency pursuant to subsection (b), the 
head of the agency shall--
            (1) designate a senior official of the agency who shall be 
        responsible for management of the program;
            (2) monitor user activity on all classified networks to 
        detect activity indicative of insider threat behavior;
            (3) build and maintain an insider threat analytic and 
        response capability to review, assess, and respond to 
        information obtained pursuant to paragraph (2); and
            (4) provide insider threat awareness training to all 
        cleared employees within 30 days of entry-on-duty or granting 
        of access to classified information and annually thereafter.
    (d) Annual Reports.--Not less frequently than once each year, the 
Director of National Intelligence shall, serving as the Security 
Executive Agent under section 803 of the National Security Act of 1947 
(50 U.S.C. 3162a), submit to Congress an annual report on the 
compliance of agencies with respect to the requirements of this 
section.

  TITLE VII--SECURITY CLEARANCES AND INTELLIGENCE COMMUNITY WORKFORCE 
                              IMPROVEMENTS

SEC. 701. SECURITY CLEARANCES HELD BY CERTAIN FORMER EMPLOYEES OF 
              INTELLIGENCE COMMUNITY.

    (a) Issuance of Guidelines and Instructions Required.--Section 
803(c) of the National Security Act of 1947 (50 U.S.C. 3162a(c)) is 
amended--
            (1) in paragraph (3), by striking ``; and'' and inserting a 
        semicolon;
            (2) in paragraph (4), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5) issue guidelines and instructions to the heads of 
        Federal agencies to ensure that any individual who was 
        appointed by the President to a position in an element of the 
        intelligence community but is no longer employed by the Federal 
        Government shall maintain a security clearance only in 
        accordance with Executive Order 12968 (50 U.S.C. 3161 note; 
        relating to access to classified information), or successor 
        order.''.
    (b) Submittal of Guidelines and Instructions to Congress 
Required.--Not later than 180 days after the date of the enactment of 
this Act, the Director of National Intelligence shall, in the 
Director's capacity as the Security Executive Agent pursuant to 
subsection (a) of section 803 of the National Security Act of 1947 (50 
U.S.C. 3162a), submit to the congressional intelligence committees and 
the congressional defense committees (as defined in section 101(a) of 
title 10, United States Code) the guidelines and instructions required 
by subsection (c)(5) of such Act, as added by subsection (a) of this 
section.
    (c) Annual Report Required.--
            (1) In general.--Not later than 1 year after the date of 
        the enactment of this Act, and not less frequently than once 
        each year thereafter, the Director of National Intelligence 
        shall, in the Director's capacity as the Security Executive 
        Agent pursuant to section 803(a) of the National Security Act 
        of 1947 (50 U.S.C. 3162a(a)), submit to the congressional 
        intelligence committees and the congressional defense 
        committees (as defined in section 101(a) of title 10, United 
        States Code) an annual report on the eligibility status of 
        former senior employees of the intelligence community to access 
        classified information.
            (2) Contents.--Each report submitted pursuant to paragraph 
        (1) shall include, for the period covered by the report, the 
        following:
                    (A) A list of individuals who were appointed by the 
                President to a position in an element of the 
                intelligence community who currently hold security 
                clearances.
                    (B) The number of such former employees who still 
                hold security clearances.
                    (C) For each former employee described in 
                subparagraph (B)--
                            (i) the position in the intelligence 
                        community held by the former employee;
                            (ii) the years of service in such position; 
                        and
                            (iii) the individual's current employment 
                        position and employer.
                    (D) The Federal entity authorizing and adjudicating 
                the former employees' need to know classified 
                information.

SEC. 702. POLICY FOR AUTHORIZING INTELLIGENCE COMMUNITY PROGRAM OF 
              CONTRACTOR-OWNED AND CONTRACTOR-OPERATED SENSITIVE 
              COMPARTMENTED INFORMATION FACILITIES.

    (a) Policy.--The Director of National Intelligence shall establish 
a standardized policy for the intelligence community that authorizes a 
program of contractor-owned and contractor-operated sensitive 
compartmented information facilities as a service to the national 
security and intelligence enterprises.
    (b) Requirements.--The policy established pursuant to subsection 
(a) shall--
            (1) authorize the head of an element of the intelligence 
        community to approve and accredit contractor-owned and 
        contractor-operated sensitive compartmented information 
        facilities; and
            (2) designate an element of the intelligence community as a 
        service of common concern (as defined in Intelligence Community 
        Directive 122, or successor directive) to serve as an 
        accrediting authority on behalf of other elements of the 
        intelligence community for contractor-owned and contractor-
        operated sensitive compartmented information facilities.
    (c) Cost Considerations.--In establishing the policy required by 
subsection (a), the Director shall consider existing demonstrated 
models where a contractor acquires, outfits, and manages a facility 
pursuant to an agreement with the Federal Government such that no 
funding from the Federal Government is required to carry out the 
agreement.
    (d) Briefing Required.--Not later than 1 year after the date on 
which the Director establishes the policy pursuant to subsection (a), 
the Director shall brief the congressional intelligence committees on--
            (1) additional opportunities to leverage contractor-
        provided secure facility space; and
            (2) recommendations to address barriers, including 
        resources or authorities needed.

SEC. 703. ENABLING INTELLIGENCE COMMUNITY INTEGRATION.

    (a) In General.--The National Security Act of 1947 (50 U.S.C. 3001 
et seq.) is amended by inserting after section 113B the following new 
section:

``SEC. 113C. ENABLING INTELLIGENCE COMMUNITY INTEGRATION.

    ``(a) Provision of Goods or Services.--Subject to and in accordance 
with any guidance and requirements developed by the Director of 
National Intelligence, the head of an element of the intelligence 
community may provide goods or services to another element of the 
intelligence community without reimbursement or transfer of funds for 
hoteling initiatives for intelligence community employees and 
affiliates defined in any such guidance and requirements issued by the 
Director of National Intelligence.
    ``(b) Approval.--Prior to the provision of goods or services 
pursuant to subsection (a), the head of the element of the intelligence 
community providing such goods or services and the head of the element 
of the intelligence community receiving such goods or services shall 
approve such provision.''.
    (b) Clerical Amendment.--The table of contents of the National 
Security Act of 1947 is amended by inserting after the item relating to 
section 113B the following:

``Sec. 113C. Enabling intelligence community integration.''.

SEC. 704. APPOINTMENT OF SPOUSES OF CERTAIN FEDERAL EMPLOYEES.

    (a) In General.--Section 3330d of title 5, United States Code, is 
amended--
            (1) in the section heading, by striking ``military and 
        Department of Defense civilian spouses'' and inserting 
        ``military and Department of Defense, Department of State, and 
        intelligence community spouses'';
            (2) in subsection (a)--
                    (A) by redesignating the second paragraph (4) 
                (relating to a spouse of an employee of the Department 
                of Defense) as paragraph (7);
                    (B) by striking paragraph (5);
                    (C) by redesignating paragraph (4) (relating to the 
                spouse of a disabled or deceased member of the Armed 
                Forces) as paragraph (6);
                    (D) by striking paragraph (3) and inserting the 
                following:
            ``(3) The term `covered spouse' means an individual who is 
        married to an individual who--
                    ``(A)(i) is an employee of the Department of State 
                or an element of the intelligence community; or
                    ``(ii) is a member of the Armed Forces who is 
                assigned to an element of the intelligence community; 
                and
                    ``(B) is transferred in the interest of the 
                Government from one official station within the 
                applicable agency to another within the agency (that is 
                outside of normal commuting distance) for permanent 
                duty.
            ``(4) The term `intelligence community' has the meaning 
        given the term in section 3 of the National Security Act of 
        1947 (50 U.S.C. 3003).
            ``(5) The term `remote work' refers to a work flexibility 
        arrangement under which an employee--
                    ``(A) is not expected to physically report to the 
                location from which the employee would otherwise work, 
                considering the position of the employee; and
                    ``(B) performs the duties and responsibilities of 
                such employee's position, and other authorized 
                activities, from an approved worksite--
                            ``(i) other than the location from which 
                        the employee would otherwise work;
                            ``(ii) that may be inside or outside the 
                        local commuting area of the location from which 
                        the employee would otherwise work; and
                            ``(iii) that is typically the residence of 
                        the employee.''; and
                    (E) by adding at the end the following:
            ``(8) The term `telework' has the meaning given the term in 
        section 6501.''; and
            (3) in subsection (b)--
                    (A) in paragraph (2), by striking ``or'' at the 
                end;
                    (B) in the first paragraph (3) (relating to a 
                spouse of a member of the Armed Forces on active duty), 
                by striking the period at the end and inserting a 
                semicolon;
                    (C) by redesignating the second paragraph (3) 
                (relating to a spouse of an employee of the Department 
                of Defense) as paragraph (4);
                    (D) in paragraph (4), as so redesignated--
                            (i) by inserting ``, including to a 
                        position in which the spouse will engage in 
                        remote work'' after ``Department of Defense''; 
                        and
                            (ii) by striking the period at the end and 
                        inserting ``; or''; and
                    (E) by adding at the end the following:
            ``(5) a covered spouse to a position in which the covered 
        spouse will engage in remote work.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
subchapter I of chapter 33 of title 5, United States Code, is amended 
by striking the item relating to section 3330d and inserting the 
following:

``3330d. Appointment of military and Department of Defense, Department 
                            of State, and intelligence community 
                            civilian spouses.''.

SEC. 705. PLAN FOR STAFFING THE INTELLIGENCE COLLECTION POSITIONS OF 
              THE CENTRAL INTELLIGENCE AGENCY.

    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Director of the Central Intelligence Agency 
shall submit to the congressional intelligence committees a plan for 
ensuring that the Directorate of Operations of the Agency has staffed 
every civilian full-time equivalent position authorized for that 
Directorate under the Intelligence Authorization Act for Fiscal Year 
2024 (division G of Public Law 118-31).
    (b) Elements.--The plan required by subsection (a) shall include 
the following:
            (1) Specific benchmarks and timelines for accomplishing the 
        goal described in such subsection by September 30, 2025.
            (2) An assessment of the appropriate balance of staffing 
        between the Directorate of Operations and the Directorate of 
        Analysis consistent with the responsibilities of the Director 
        of the Central Intelligence Agency under section 104A(d) of the 
        National Security Act of 1947 (50 U.S.C. 3036(d)).

SEC. 706. INTELLIGENCE COMMUNITY WORKPLACE PROTECTIONS.

    (a) Employment Status.--
            (1) Conversion of positions by director of national 
        intelligence to excepted service.--Section 102A(v) of the 
        National Security Act of 1947 (50 U.S.C. 3024(v)) is amended--
                    (A) by redesignating paragraphs (2) through (4) as 
                paragraphs (3) through (5), respectively;
                    (B) by inserting after paragraph (1) the following:
    ``(2) The Director shall promptly notify the congressional 
intelligence committees of any action taken pursuant to paragraph 
(1).''; and
                    (C) in paragraph (3), as redesignated by 
                subparagraph (A), by striking ``occupying a position on 
                the date of the enactment of the Intelligence 
                Authorization Act for Fiscal Year 2012''.
            (2) Conversion of defense intelligence positions to 
        excepted service.--Section 1601(a) of title 10, United States 
        Code, is amended--
                    (A) by redesignating subsection (b) as subsection 
                (d); and
                    (B) by inserting after subsection (a) the 
                following:
    ``(b) Congressional Notification.--The Secretary shall promptly 
notify the congressional defense committees and the congressional 
intelligence committees (as defined in section 3 of the National 
Security Act of 1947 (50 U.S.C. 3003)) of any action taken pursuant to 
subsection (a).
    ``(c) Retention of Accrued Rights Upon Conversion.--An incumbent 
whose position is selected to be converted, without regard to the 
wishes of the incumbent, to the excepted service under subsection (a) 
shall remain in the competitive service for the purposes of status and 
any accrued adverse action protections while the individual occupies 
that position or any other position to which the employee is moved 
involuntarily. Once such individual no longer occupies the converted 
position, the position may be treated as a regularly excepted service 
position.''.
            (3) Conversion within the excepted service.--An 
        intelligence community incumbent employee whose position is 
        selected to be converted from one excepted service schedule to 
        another schedule within the excepted service without regard to 
        the wishes of the incumbent shall remain in the current 
        schedule for the purpose of status and any accrued adverse 
        action protections while the individual occupies that position 
        or any other position to which the employee is moved without 
        regard to the wishes of the employee.
    (b) Congressional Notification of Guidelines.--
            (1) Submittal to congress.--Not later than 30 days after 
        the date of the enactment of this Act, each head of an element 
        of the intelligence community shall submit to the congressional 
        intelligence committees the guidelines and regulations of the 
        element relating to employment status and protections relating 
        to that status.
            (2) Notice of changes.--In any case in which a guideline or 
        regulation of an element of the intelligence community 
        submitted pursuant to paragraph (1) is modified or replaced, 
        the head of the element shall promptly notify the congressional 
        intelligence committees of the change and submit the new or 
        modified guideline or regulation.
    (c) Termination Authorities of the Director of the CIA.--
            (1) Process and notification.--Section 104A(e) of the 
        National Security Act of 1947 (50 U.S.C. 3036(e)) is amended--
                    (A) by redesignating paragraph (2) as paragraph 
                (3); and
                    (B) by inserting after paragraph (1) the following:
    ``(2)(A) Subject to subparagraph (B), the Director shall not take 
an action under paragraph (1) to terminate the employment of an officer 
or employee, except in accordance with guidelines and regulations 
submitted to the congressional intelligence committees.
    ``(B) The Director may take an action under paragraph (1) without 
or in contravention of the guidelines and regulations specified in 
subparagraph (A) of this paragraph if the Director determines that 
complying with such guidelines and regulations poses a threat to the 
national security of the United States. If the Director makes such a 
determination, the Director shall provide prompt notification to the 
congressional intelligence committees that includes--
            ``(i) an explanation for the basis for the termination and 
        the factual support for such determination; and
            ``(ii) an explanation for the determination that the 
        process described in subparagraph (A) poses a threat to the 
        national security of the United States.''.
    (d) Improvement of Congressional Notice Requirement Relating to 
Termination of Defense Intelligence Employees.--Section 1609(c) of 
title 10, United States Code, is amended by adding at the end the 
following: ``Such notification shall include the following:
            ``(1) An explanation for the determination that the 
        termination was in the interests of the United States.
            ``(2) An explanation for the determination that the 
        procedures prescribed in other provisions of law that authorize 
        the termination of the employment of such employee cannot be 
        invoked in a manner consistent with the national security of 
        the United States.''.
    (e) Congressional Notification of Other Suspension and Removal 
Authorities.--Section 7532 of title 5, United States Code, is amended 
by adding at the end the following:
    ``(d)(1) The head of an element of the intelligence community who 
takes an action under this section shall promptly notify the 
congressional intelligence committees of such action.
    ``(2) Each notification under paragraph (1) regarding an action 
shall include the following:
            ``(A) An explanation for the determination that the action 
        is necessary or advisable in the interests of national 
        security.
            ``(B) If the head of an element of the intelligence 
        community determines, pursuant to subsection (a), that the 
        interests of national security do not permit notification to 
        the employee of the reasons for the action under that 
        subsection, an explanation for such determination.
    ``(3) In this subsection, the terms `congressional intelligence 
committees' and `intelligence community' have the meanings given such 
terms in section 3 of the National Security Act of 1947 (50 U.S.C. 
3003).''.
    (f) Savings Clause.--Nothing in this section shall be construed to 
diminish the rights conferred by chapter 75 of title 5, United States 
Code, or other applicable agency adverse action or disciplinary 
procedures.

SEC. 707. SENSE OF CONGRESS ON GOVERNMENT PERSONNEL SUPPORT FOR FOREIGN 
              TERRORIST ORGANIZATIONS.

    It is the sense of Congress that for the purposes of adjudicating 
the eligibility of an individual for access to classified information, 
renewal of a prior determination of eligibility for such access, or 
continuous vetting of an individual for eligibility for such access, 
including on form SF-86 or any successor form, each of the following 
should be considered an action advocating for an act of terrorism:
            (1) Espousing the actions of an organization designated as 
        a foreign terrorist organization under section 219 of the 
        Immigration and Nationality Act (8 U.S.C. 1189).
            (2) Advocating for continued attacks by an organization 
        described in paragraph (1).
            (3) Soliciting funds for an organization described in 
        paragraph (1).

                       TITLE VIII--WHISTLEBLOWERS

SEC. 801. IMPROVEMENTS REGARDING URGENT CONCERNS SUBMITTED TO 
              INSPECTORS GENERAL OF THE INTELLIGENCE COMMUNITY.

    (a) Inspector General of the Intelligence Community.--Section 
103H(k)(5) of the National Security Act of 1947 (50 U.S.C. 3033(k)(5)) 
is amended--
            (1) in subparagraph (A)--
                    (A) by inserting ``(i)'' before ``An employee of'';
                    (B) by inserting ``in writing'' before ``to the 
                Inspector General''; and
                    (C) by adding at the end the following:
    ``(ii) The Inspector General shall provide any support necessary to 
ensure that an employee can submit a complaint or information under 
this subparagraph in writing and, if such submission is not feasible, 
shall create a written record of the employee's verbal complaint or 
information and treat such written record as a written submission.'';
            (2) by striking subparagraph (B) and inserting the 
        following:
    ``(B)(i)(I) Not later than the end of the period specified in 
subclause (II), the Inspector General shall determine whether the 
written complaint or information submitted under subparagraph (A) 
appears credible. Upon making such a determination, the Inspector 
General shall transmit to the Director notice of that determination, 
together with the complaint or information.
    ``(II) The period specified in this subclause is the 14-calendar-
day period beginning on the date on which an employee who has submitted 
an initial written complaint or information under subparagraph (A) 
confirms that the employee has submitted to the Inspector General the 
material the employee intends to submit to Congress under such 
subparagraph.
    ``(ii) The Inspector General may transmit a complaint or 
information submitted under subparagraph (A) directly to the 
congressional intelligence committees--
            ``(I) without transmittal to the Director if the Inspector 
        General determines that transmittal to the Director could 
        compromise the anonymity of the employee or result in the 
        complaint or information being transmitted to a subject of the 
        complaint or information; or
            ``(II) following transmittal to the Director if the 
        Director does not transmit the complaint or information to the 
        congressional intelligence committees within the time period 
        specified in subparagraph (C).'';
            (3) in subparagraph (D)--
                    (A) in clause (i), by striking ``or does not 
                transmit the complaint or information to the Director 
                in accurate form under subparagraph (B),'' and 
                inserting ``does not transmit the complaint or 
                information to the Director in accurate form under 
                subparagraph (B)(i)(I), or makes a determination 
                pursuant to subparagraph (B)(ii)(I) but does not 
                transmit the complaint or information to the 
                congressional intelligence committees within 21 
                calendar days of receipt,''; and
                    (B) by striking clause (ii) and inserting the 
                following:
            ``(ii) An employee may contact the congressional 
        intelligence committees directly as described in clause (i) 
        only if--
                    ``(I) the employee, before making such a contact--
                            ``(aa) transmits to the Director, through 
                        the Inspector General, a statement of the 
                        employee's complaint or information and notice 
                        of the employee's intent to contact the 
                        congressional intelligence committees directly; 
                        and
                            ``(bb) obtains and follows from the 
                        Director, through the Inspector General, 
                        direction on how to contact the congressional 
                        intelligence committees in accordance with 
                        appropriate security practices; or
                    ``(II) the Inspector General--
                            ``(aa) determines that--
                                    ``(AA) a transmittal under 
                                subclause (I) could compromise the 
                                anonymity of the employee or result in 
                                the complaint or information being 
                                transmitted to a subject of the 
                                complaint or information; or
                                    ``(BB) the Director has failed to 
                                provide adequate direction pursuant to 
                                item (bb) of subclause (I) within 7 
                                calendar days of a transmittal under 
                                such subclause; and
                            ``(bb) provides the employee direction on 
                        how to contact the congressional intelligence 
                        committees in accordance with appropriate 
                        security practices.''; and
            (4) by adding at the end the following:
    ``(J) In this paragraph, the term `employee', with respect to an 
employee of an element of the intelligence community, an employee 
assigned or detailed to an element of the intelligence community, or an 
employee of a contractor to the intelligence community who may submit a 
complaint or information to the Inspector General under subparagraph 
(A), means--
            ``(i) a current employee at the time of such submission; or
            ``(ii) a former employee at the time of such submission, if 
        such complaint or information arises from and relates to the 
        period of employment as such an employee.''.
    (b) Inspector General of the Central Intelligence Agency.--Section 
17(d)(5) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
3517(d)(5)) is amended--
            (1) in subparagraph (A)--
                    (A) by inserting (i) before ``An employee'';
                    (B) by inserting ``in writing'' before ``to the 
                Inspector General''; and
                    (C) by adding at the end the following:
    ``(ii) The Inspector General shall provide any support necessary to 
ensure that an employee can submit a complaint or information under 
this subparagraph in writing and, if such submission is not feasible, 
shall create a written record of the employee's verbal complaint or 
information and treat such written record as a written submission.'';
            (2) in subparagraph (B)--
                    (A) by striking clause (i) and inserting the 
                following:
    ``(i)(I) Not later than the end of the period specified in 
subclause (II), the Inspector General shall determine whether the 
written complaint or information submitted under subparagraph (A) 
appears credible. Upon making such a determination, the Inspector 
General shall transmit to the Director notice of that determination, 
together with the complaint or information.
    ``(II) The period specified in this subclause is the 14-calendar-
day period beginning on the date on which an employee who has submitted 
an initial written complaint or information under subparagraph (A) 
confirms that the employee has submitted to the Inspector General the 
material the employee intends to submit to Congress under such 
subparagraph.''; and
                    (B) by adding at the end the following:
    ``(iii) The Inspector General may transmit a complaint or 
information submitted under subparagraph (A) directly to the 
congressional intelligence committees--
            ``(I) without transmittal to the Director if the Inspector 
        General determines that transmittal to the Director could 
        compromise the anonymity of the employee or result in the 
        complaint or information being transmitted to a subject of the 
        complaint or information;
            ``(II) following transmittal to the Director if the 
        Director does not transmit the complaint or information to the 
        congressional intelligence committees within the time period 
        specified in subparagraph (C) and has not made a determination 
        regarding a conflict of interest pursuant to clause (ii); or
            ``(III) following transmittal to the Director and a 
        determination by the Director that a conflict of interest 
        exists pursuant to clause (ii) if the Inspector General 
        determines that--
                    ``(aa) transmittal to the Director of National 
                Intelligence could compromise the anonymity of the 
                employee or result in the complaint or information 
                being transmitted to a subject of the complaint or 
                information; or
                    ``(bb) the Director of National Intelligence has 
                not transmitted the complaint or information to the 
                congressional intelligence committees within the time 
                period specified in subparagraph (C).'';
            (3) in subparagraph (D)--
                    (A) in clause (i), by striking ``or does not 
                transmit the complaint or information to the Director 
                in accurate form under subparagraph (B),'' and 
                inserting ``does not transmit the complaint or 
                information to the Director in accurate form under 
                subparagraph (B)(i)(I), or makes a determination 
                pursuant to subparagraph (B)(iii)(I) but does not 
                transmit the complaint or information to the 
                congressional intelligence committees within 21 
                calendar days of receipt,''; and
                    (B) by striking clause (ii) and inserting the 
                following:
    ``(ii) An employee may contact the congressional intelligence 
committees directly as described in clause (i) only if--
            ``(I) the employee, before making such a contact--
                    ``(aa) transmits to the Director, through the 
                Inspector General, a statement of the employee's 
                complaint or information and notice of the employee's 
                intent to contact the congressional intelligence 
                committees directly; and
                    ``(bb) obtains and follows from the Director, 
                through the Inspector General, direction on how to 
                contact the congressional intelligence committees in 
                accordance with appropriate security practices; or
            ``(II) the Inspector General--
                    ``(aa) determines that--
                            ``(AA) the transmittal under subclause (I) 
                        could compromise the anonymity of the employee 
                        or result in the complaint or information being 
                        transmitted to a subject of the complaint or 
                        information; or
                            ``(BB) the Director has failed to provide 
                        adequate direction pursuant to item (bb) of 
                        subclause (I) within 7 calendar days of a 
                        transmittal under such subclause; and
                    ``(bb) provides the employee direction on how to 
                contact the congressional intelligence committees in 
                accordance with appropriate security practices.''; and
            (4) by adding at the end the following:
    ``(I) In this paragraph, the term `employee', with respect to an 
employee of the Agency, or of a contractor to the Agency, who may 
submit a complaint or information to the Inspector General under 
subparagraph (A), means--
            ``(i) a current employee at the time of such submission; or
            ``(ii) a former employee at the time of such submission, if 
        such complaint or information arises from and relates to the 
        period of employment as such an employee.''.
    (c) Other Inspectors General of Elements of the Intelligence 
Community.--Section 416 of title 5, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (1) and (2) as 
                paragraphs (2) and (3), respectively; and
                    (B) by inserting before paragraph (2), as 
                redesignated by paragraph (1), the following:
            ``(1) Employee.--The term `employee', with respect to an 
        employee of an element of the Federal Government covered by 
        subsection (b), or of a contractor to such an element, who may 
        submit a complaint or information to an Inspector General under 
        such subsection, means--
                    ``(A) a current employee at the time of such 
                submission; or
                    ``(B) a former employee at the time of such 
                submission, if such complaint or information arises 
                from and relates to the period of employment as such an 
                employee.'';
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in the paragraph heading, by inserting 
                        ``; support for written submission''; after 
                        ``made'';
                            (ii) by inserting ``in writing'' after 
                        ``may report the complaint or information'' 
                        each place it appears; and
                            (iii) in subparagraph (B), by inserting 
                        ``in writing'' after ``such complaint or 
                        information''; and
                    (B) by adding at the end the following:
                    ``(E) Support for written submission.--The 
                Inspector General shall provide any support necessary 
                to ensure that an employee can submit a complaint or 
                information under this paragraph in writing and, if 
                such submission is not feasible, shall create a written 
                record of the employee's verbal complaint or 
                information and treat such written record as a written 
                submission.'';
            (3) in subsection (c)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) Credibility.--
                    ``(A) Determination.--Not later than the end of the 
                period specified in subparagraph (B), the Inspector 
                General shall determine whether the written complaint 
                or information submitted under subsection (b) appears 
                credible. Upon making such a determination, the 
                Inspector General shall transmit to the head of the 
                establishment notice of that determination, together 
                with the complaint or information.
                    ``(B) Period specified.--The period specified in 
                this subparagraph is the 14-calendar-day period 
                beginning on the date on which an employee who has 
                submitted an initial written complaint or information 
                under subsection (b) confirms that the employee has 
                submitted to the Inspector General the material the 
                employee intends to submit to Congress under such 
                subsection.''; and
                    (B) by adding at the end the following:
            ``(3) Transmittal directly to intelligence committees.--The 
        Inspector General may transmit the complaint or information 
        directly to the intelligence committees--
                    ``(A) without transmittal to the head of the 
                establishment if the Inspector General determines that 
                transmittal to the head of the establishment could 
                compromise the anonymity of the employee or result in 
                the complaint or information being transmitted to a 
                subject of the complaint or information;
                    ``(B) following transmittal to the head of the 
                establishment if the head of the establishment does not 
                transmit the complaint or information to the 
                intelligence committees within the time period 
                specified in subsection (d) and has not made a 
                determination regarding a conflict of interest pursuant 
                to paragraph (2); or
                    ``(C) following transmittal to the head of the 
                establishment and a determination by the head of the 
                establishment that a conflict of interest exists 
                pursuant to paragraph (2) if the Inspector General 
                determines that--
                            ``(i) transmittal to the Director of 
                        National Intelligence or the Secretary of 
                        Defense could compromise the anonymity of the 
                        employee or result in the complaint or 
                        information being transmitted to a subject of 
                        the complaint or information; or
                            ``(ii) the Director of National 
                        Intelligence or the Secretary of Defense has 
                        not transmitted the complaint or information to 
                        the intelligence committees within the time 
                        period specified in subsection (d).'';
            (4) in subsection (e)(1), by striking ``or does not 
        transmit the complaint or information to the head of the 
        establishment in accurate form under subsection (c),'' and 
        inserting ``does not transmit the complaint or information to 
        the head of the establishment in accurate form under subsection 
        (c)(1)(A), or makes a determination pursuant to subsection 
        (c)(3)(A) but does not transmit the complaint or information to 
        the intelligence committees within 21 calendar days of 
        receipt,''; and
            (5) in subsection (e), by striking paragraph (2) and 
        inserting the following:
            ``(2) Limitation.--An employee may contact the intelligence 
        committees directly as described in paragraph (1) only if--
                    ``(A) the employee, before making such a contact--
                            ``(i) transmits to the head of the 
                        establishment, through the Inspector General, a 
                        statement of the employee's complaint or 
                        information and notice of the employee's intent 
                        to contact the intelligence committees 
                        directly; and
                            ``(ii) obtains and follows from the head of 
                        the establishment, through the Inspector 
                        General, direction on how to contact the 
                        intelligence committees in accordance with 
                        appropriate security practices; or
                    ``(B) the Inspector General--
                            ``(i) determines that the transmittal under 
                        subparagraph (A) could compromise the anonymity 
                        of the employee or result in the complaint or 
                        information being transmitted to a subject of 
                        the complaint or information; or
                            ``(ii) determines that the head of the 
                        establishment has failed to provide adequate 
                        direction pursuant to clause (ii) of 
                        subparagraph (A) within 7 calendar days of a 
                        transmittal under such subparagraph; and
                            ``(iii) provides the employee direction on 
                        how to contact the intelligence committees in 
                        accordance with appropriate security 
                        practices.''.

SEC. 802. PROHIBITION AGAINST DISCLOSURE OF WHISTLEBLOWER IDENTITY AS 
              ACT OF REPRISAL.

    (a) In General.--Section 1104(a) of the National Security Act of 
1947 (50 U.S.C. 3234(a)) is amended--
            (1) in paragraph (3)--
                    (A) in subparagraph (I), by striking ``; or'' and 
                inserting a semicolon;
                    (B) by redesignating subparagraph (J) as 
                subparagraph (K); and
                    (C) by inserting after subparagraph (I) the 
                following:
                    ``(J) an unauthorized whistleblower identity 
                disclosure;''; and
            (2) by adding at the end the following:
            ``(5) Unauthorized whistleblower identity disclosure.--The 
        term `unauthorized whistleblower identity disclosure' means, 
        with respect to an employee or a contractor employee described 
        in paragraph (3), a knowing and willful disclosure revealing 
        the identity or other personally identifiable information of 
        the employee or contractor employee so as to identify the 
        employee or contractor employee as an employee or contractor 
        employee who has made a lawful disclosure described in 
        subsection (b) or (c), but does not include such a knowing and 
        willful disclosure that meets any of the following criteria:
                    ``(A) Such disclosure was made with the express 
                consent of the employee or contractor employee.
                    ``(B) Such disclosure was made during the course of 
                reporting or remedying the subject of the lawful 
                disclosure of the whistleblower through management, 
                legal, or oversight processes, including such processes 
                relating to human resources, equal opportunity, 
                security, or an Inspector General.
                    ``(C) An Inspector General with oversight 
                responsibility for the relevant covered intelligence 
                community element determines that such disclosure--
                            ``(i) was unavoidable under section 103H of 
                        this Act (50 U.S.C. 3033), section 17 of the 
                        Central Intelligence Agency Act of 1949 (50 
                        U.S.C. 3517), section 407 of title 5, United 
                        States Code, or section 420(b)(2)(B) of such 
                        title;
                            ``(ii) was made to an official of the 
                        Department of Justice responsible for 
                        determining whether a prosecution should be 
                        undertaken; or
                            ``(iii) was required by statute or an order 
                        from a court of competent jurisdiction.''.
    (b) Private Right of Action for Unlawful Disclosure of 
Whistleblower Identity.--Subsection (f) of such section is amended to 
read as follows:
    ``(f) Enforcement.--
            ``(1) In general.--Except as otherwise provided in this 
        subsection, the President shall provide for the enforcement of 
        this section.
            ``(2) Harmonization with other enforcement.--To the fullest 
        extent possible, the President shall provide for enforcement of 
        this section in a manner that is consistent with the 
        enforcement of section 2302(b)(8) of title 5, United States 
        Code, especially with respect to policies and procedures used 
        to adjudicate alleged violations of such section.
            ``(3) Private right of action for disclosures of 
        whistleblower identity in violation of prohibition against 
        reprisals.--Subject to paragraph (4), in a case in which an 
        employee of an agency takes a personnel action described in 
        subsection (a)(3)(J) against an employee of a covered 
        intelligence community element as a reprisal in violation of 
        subsection (b) or in a case in which an employee or contractor 
        employee takes a personnel action described in subsection 
        (a)(3)(J) against another contractor employee as a reprisal in 
        violation of subsection (c), the employee or contractor 
        employee against whom the personnel action was taken may, 
        consistent with section 1221 of title 5, United States Code, 
        bring a private action for all appropriate remedies, including 
        injunctive relief and compensatory and punitive damages, in an 
        amount not to exceed $250,000, against the agency of the 
        employee or contracting agency of the contractor employee who 
        took the personnel action, in a Federal district court of 
        competent jurisdiction.
            ``(4) Requirements.--
                    ``(A) Review by inspector general and by external 
                review panel.--Before the employee or contractor 
                employee may bring a private action under paragraph 
                (3), the employee or contractor employee shall exhaust 
                administrative remedies by--
                            ``(i) first, obtaining a disposition of 
                        their claim by requesting review by the 
                        appropriate inspector general; and
                            ``(ii) second, if the review under clause 
                        (i) does not substantiate reprisal, by 
                        submitting to the Inspector General of the 
                        Intelligence Community a request for a review 
                        of the claim by an external review panel under 
                        section 1106.
                    ``(B) Period to bring action.--The employee or 
                contractor employee may bring a private right of action 
                under paragraph (3) during the 180-day period beginning 
                on the date on which the employee or contractor 
                employee is notified of the final disposition of their 
                claim under section 1106.''.

SEC. 803. PROTECTION FOR INDIVIDUALS MAKING AUTHORIZED DISCLOSURES TO 
              INSPECTORS GENERAL OF ELEMENTS OF THE INTELLIGENCE 
              COMMUNITY.

    (a) Inspector General of the Intelligence Community.--Section 
103H(g)(3) of the National Security Act of 1947 (50 U.S.C. 3033(g)(3)) 
is amended--
            (1) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively;
            (2) by adding at the end the following new subparagraph:
            ``(B) An individual may disclose classified information to 
        the Inspector General in accordance with the applicable 
        security standards and procedures established under Executive 
        Order 13526 (50 U.S.C. 3161 note; relating to classified 
        national security information), section 102A or section 803, 
        chapter 12 of the Atomic Energy Act of 1954 (42 U.S.C. 2161 et 
        seq.), or any applicable provision of law. Such a disclosure of 
        classified information that is made by an individual who at the 
        time of the disclosure does not hold the appropriate clearance 
        or authority to access such classified information, but that is 
        otherwise made in accordance with such security standards and 
        procedures, shall be treated as an authorized disclosure and 
        does not violate--
                    ``(i) any otherwise applicable nondisclosure 
                agreement;
                    ``(ii) any otherwise applicable regulation or order 
                issued under the authority of Executive Order 13526 (50 
                U.S.C. 3161 note; relating to classified national 
                security information) or chapter 18 of the Atomic 
                Energy Act of 1954 (42 U.S.C. 2271 et seq.); or
                    ``(iii) section 798 of title 18, United States 
                Code, or any other provision of law relating to the 
                unauthorized disclosure of national security 
                information.''; and
            (3) in the paragraph enumerator, by striking ``(3) '' and 
        inserting ``(3)(A)''.
    (b) Inspector General of the Central Intelligence Agency.--Section 
17(e)(3) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
3517(e)(3)) is amended--
            (1) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively;
            (2) by adding at the end the following new subparagraph:
            ``(B) An individual may disclose classified information to 
        the Inspector General in accordance with the applicable 
        security standards and procedures established under Executive 
        Order 13526 (50 U.S.C. 3161 note; relating to classified 
        national security information), section 102A or 803 of the 
        National Security Act of 1947 (50 U.S.C. 3024; 3162a), or 
        chapter 12 of the Atomic Energy Act of 1954 (42 U.S.C. 2161 et 
        seq.). Such a disclosure of classified information that is made 
        by an individual who at the time of the disclosure does not 
        hold the appropriate clearance or authority to access such 
        classified information, but that is otherwise made in 
        accordance with such security standards and procedures, shall 
        be treated as an authorized disclosure and does not violate--
                    ``(i) any otherwise applicable nondisclosure 
                agreement;
                    ``(ii) any otherwise applicable regulation or order 
                issued under the authority of Executive Order 13526 or 
                chapter 18 of the Atomic Energy Act of 1954 (42 U.S.C. 
                2271 et seq.); or
                    ``(iii) section 798 of title 18, United States 
                Code, or any other provision of law relating to the 
                unauthorized disclosure of national security 
                information.''; and
            (3) in the paragraph enumerator, by striking ``(3) '' and 
        inserting ``(3)(A)''.
    (c) Other Inspectors General of Elements of the Intelligence 
Community.--Section 416 of title 5, United States Code, is amended by 
adding at the end the following new subsection:
    ``(i) Protection for Individuals Making Authorized Disclosures.--An 
individual may disclose classified information to an Inspector General 
of an element of the intelligence community in accordance with the 
applicable security standards and procedures established under 
Executive Order 13526 (50 U.S.C. 3161 note; relating to classified 
national security information), section 102A or 803 of the National 
Security Act of 1947 (50 U.S.C. 3024; 3162a), or chapter 12 of the 
Atomic Energy Act of 1954 (42 U.S.C. 2161 et seq.). Such a disclosure 
of classified information that is made by an individual who at the time 
of the disclosure does not hold the appropriate clearance or authority 
to access such classified information, but that is otherwise made in 
accordance with such security standards and procedures, shall be 
treated as an authorized disclosure and does not violate--
            ``(1) any otherwise applicable nondisclosure agreement;
            ``(2) any otherwise applicable regulation or order issued 
        under the authority of Executive Order 13526 or chapter 18 of 
        the Atomic Energy Act of 1954 (42 U.S.C. 2271 et seq.); or
            ``(3) section 798 of title 18, or any other provision of 
        law relating to the unauthorized disclosure of national 
        security information.''.

SEC. 804. CLARIFICATION OF AUTHORITY OF CERTAIN INSPECTORS GENERAL TO 
              RECEIVE PROTECTED DISCLOSURES.

    Section 1104 of the National Security Act of 1947 (50 U.S.C. 3234) 
is amended--
            (1) in subsection (b)(1), by inserting ``or covered 
        intelligence community element'' after ``the appropriate 
        inspector general of the employing agency''; and
            (2) in subsection (c)(1)(A), by inserting ``or covered 
        intelligence community element'' after ``the appropriate 
        inspector general of the employing or contracting agency''.

SEC. 805. WHISTLEBLOWER PROTECTIONS RELATING TO PSYCHIATRIC TESTING OR 
              EXAMINATION.

    (a) Prohibited Personnel Practices.--Section 1104(a)(3) of the 
National Security Act of 1947 (50 U.S.C. 3234(a)(3)) is amended--
            (1) in subparagraph (I), by striking ``; or'' and inserting 
        a semicolon;
            (2) by redesignating subparagraph (J) as subparagraph (K); 
        and
            (3) by inserting after subparagraph (I) the following new 
        subparagraph:
                    ``(J) a decision to order psychiatric testing or 
                examination; or''.
    (b) Application.--The amendments made by this section shall apply 
with respect to matters arising under section 1104 of the National 
Security Act of 1947 (50 U.S.C. 3234) on or after the date of the 
enactment of this Act.

SEC. 806. ESTABLISHING PROCESS PARITY FOR ADVERSE SECURITY CLEARANCE 
              AND ACCESS DETERMINATIONS.

    Subparagraph (C) of section 3001(j)(4) of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(4)) is amended 
to read as follows:
                    ``(C) Contributing factor.--
                            ``(i) In general.--Subject to clause (iii), 
                        in determining whether the adverse security 
                        clearance or access determination violated 
                        paragraph (1), the agency shall find that 
                        paragraph (1) was violated if the individual 
                        has demonstrated that a disclosure described in 
                        paragraph (1) was a contributing factor in the 
                        adverse security clearance or access 
                        determination taken against the individual.
                            ``(ii) Circumstantial evidence.--An 
                        individual under clause (i) may demonstrate 
                        that the disclosure was a contributing factor 
                        in the adverse security clearance or access 
                        determination taken against the individual 
                        through circumstantial evidence, such as 
                        evidence that--
                                    ``(I) the official making the 
                                determination knew of the disclosure; 
                                and
                                    ``(II) the determination occurred 
                                within a period such that a reasonable 
                                person could conclude that the 
                                disclosure was a contributing factor in 
                                the determination.
                            ``(iii) Defense.--In determining whether 
                        the adverse security clearance or access 
                        determination violated paragraph (1), the 
                        agency shall not find that paragraph (1) was 
                        violated if, after a finding that a disclosure 
                        was a contributing factor, the agency 
                        demonstrates by clear and convincing evidence 
                        that it would have made the same security 
                        clearance or access determination in the 
                        absence of such disclosure.''.

SEC. 807. ELIMINATION OF CAP ON COMPENSATORY DAMAGES FOR RETALIATORY 
              REVOCATION OF SECURITY CLEARANCES AND ACCESS 
              DETERMINATIONS.

    Section 3001(j)(4)(B) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (50 U.S.C. 3341(j)(4)(B)) is amended, in the 
second sentence, by striking ``not to exceed $300,000''.

                  TITLE IX--ANOMALOUS HEALTH INCIDENTS

SEC. 901. ADDITIONAL DISCRETION FOR DIRECTOR OF CENTRAL INTELLIGENCE 
              AGENCY IN PAYING COSTS OF TREATING QUALIFYING INJURIES 
              AND MAKING PAYMENTS FOR QUALIFYING INJURIES TO THE BRAIN.

    (a) Additional Authority for Covering Costs for Treating Qualifying 
Injuries Under Extraordinary Circumstances.--Subsection (c) of section 
19A of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b) is 
amended--
            (1) by striking ``The Director may'' and inserting the 
        following:
            ``(1) In general.--The Director may''; and
            (2) by adding at the end the following:
            ``(2) Extraordinary circumstances.--Under such 
        circumstances as the Director determines extraordinary, the 
        Director may pay the costs of treating a qualifying injury of a 
        covered employee, a covered individual, or a covered dependent 
        or may reimburse a covered employee, a covered individual, or a 
        covered dependent for such costs, that are not otherwise 
        covered by a provision of Federal law, regardless of the date 
        of the injury and the location of the employee, individual, or 
        dependent when the injury occurred.''.
    (b) Additional Authority for Making Payments for Qualifying 
Injuries to the Brain Under Extraordinary Circumstances.--Subsection 
(d)(2) of such section is amended--
            (1) by striking ``Notwithstanding'' and inserting the 
        following:
                    ``(A) In general.--Notwithstanding''; and
            (2) by adding at the end the following:
                    ``(B) Extraordinary circumstances.--Under such 
                circumstances as the Director determines extraordinary, 
                the Director may provide payment to a covered employee, 
                a covered individual, or a covered dependent for any 
                qualifying injury to the brain, regardless of the date 
                of the injury and the location of the employee, 
                individual, or dependent when the injury occurred.''.
    (c) Congressional Notification.--Such section is amended by adding 
at the end the following new subsection:
    ``(e) Congressional Notification.--Whenever the Director makes a 
payment or reimbursement made under subsection (c) or (d)(2), the 
Director shall, not later than 30 days after the date on which the 
payment or reimbursement is made, submit to the congressional 
intelligence committees (as defined in section 3 of the National 
Security Act of 1947 (50 U.S.C. 3003)) a notification of such payment 
or reimbursement.''.

SEC. 902. ADDITIONAL DISCRETION FOR SECRETARY OF STATE AND HEADS OF 
              OTHER FEDERAL AGENCIES IN PAYING COSTS OF TREATING 
              QUALIFYING INJURIES AND MAKING PAYMENTS FOR QUALIFYING 
              INJURIES TO THE BRAIN.

    (a) Additional Authority for Covering Costs for Treating Qualifying 
Injuries Under Extraordinary Circumstances.--Subsection (b) of section 
901 of division J of the Further Consolidated Appropriations Act, 2020 
(22 U.S.C. 2680b) is amended to read as follows:
    ``(b) Costs for Treating Qualifying Injuries.--
            ``(1) In general.--The Secretary of State or the head of 
        any other Federal agency may pay or reimburse the costs 
        relating to diagnosing and treating--
                    ``(A) a qualifying injury of a covered employee for 
                such costs, that are not otherwise covered by chapter 
                81 of title 5, United States Code, or other provision 
                of Federal law; or
                    ``(B) a qualifying injury of a covered individual, 
                or a covered dependent, for such costs that are not 
                otherwise covered by Federal law.
            ``(2) Extraordinary circumstances.--Under such 
        circumstances as the Secretary of State or other agency head 
        determines extraordinary, the Secretary or other agency head 
        may pay the costs of treating a qualifying injury of a covered 
        employee, a covered individual, or a covered dependent or may 
        reimburse a covered employee, a covered individual, or a 
        covered dependent for such costs, that are not otherwise 
        covered by a provision of Federal law, regardless of the date 
        on which the injury occurred.''.
    (b) Additional Authority for Making Payments for Qualifying 
Injuries to the Brain Under Extraordinary Circumstances.--Subsection 
(i)(2) of such section is amended--
            (1) by striking ``Notwithstanding'' and inserting the 
        following:
                    ``(A) In general.--Notwithstanding''; and
            (2) by adding at the end the following:
                    ``(B) Extraordinary circumstances.--Under such 
                circumstances as the Secretary of State or other agency 
                head with an employee determines extraordinary, the 
                Secretary or other agency head may provide payment to a 
                covered dependent, a dependent of a former employee, a 
                covered employee, a former employee, and a covered 
                individual for any qualifying injury to the brain, 
                regardless of the date on which the injury occurred.''.
    (c) Changes to Definitions.--Subsection (e) of such section is 
amended--
            (1) in paragraph (1)--
                    (A) in the matter before subparagraph (A), by 
                striking ``a employee who, on or after January 1, 
                2016'' and inserting ``an employee who, on or after 
                September 11, 2001''; and
                    (B) in subparagraph (A), by inserting ``, or duty 
                station in the United States'' before the semicolon;
            (2) in paragraph (2)--
                    (A) by striking ``January 1, 2016'' and inserting 
                ``September 11, 2001''; and
                    (B) by inserting ``, or duty station in the United 
                States,'' after ``pursuant to subsection (f)'';
            (3) in paragraph (3)--
                    (A) in the matter before subparagraph (A), by 
                striking ``January 1, 2016'' and inserting ``September 
                11, 2001''; and
                    (B) in subparagraph (A), by inserting ``, or duty 
                station in the United States'' before the semicolon; 
                and
            (4) in paragraph (4)--
                    (A) in subparagraph (A)(i), by inserting ``, or 
                duty station in the United States'' before the 
                semicolon; and
                    (B) in subparagraph (B)(i), by inserting ``, or 
                duty station in the United States'' before the 
                semicolon.
    (d) Clarification Relating to Authorities of Director of the 
Central Intelligence Agency.--Such section is further amended by adding 
at the end the following:
    ``(k) Relation to Director of Central Intelligence Agency.--The 
authorities and requirements of this section shall not apply to the 
Director of the Central Intelligence Agency.''.

SEC. 903. IMPROVED FUNDING FLEXIBILITY FOR PAYMENTS MADE BY DEPARTMENT 
              OF STATE FOR QUALIFYING INJURIES TO THE BRAIN.

    Section 901(i) of division J of the Further Consolidated 
Appropriations Act, 2020 (22 U.S.C. 2680b) is amended by striking 
paragraph (3) and inserting the following:
            ``(3) Funding.--
                    ``(A) In general.--Payment under paragraph (2) in a 
                fiscal year may be made using any funds--
                            ``(i) appropriated specifically for 
                        payments under such paragraph; or
                            ``(ii) reprogrammed in accordance with an 
                        applicable provision of law.
                    ``(B) Budget.--For each fiscal year, the Secretary 
                of State shall include with the budget justification 
                materials submitted to Congress in support of the 
                budget of the President for that fiscal year pursuant 
                to section 1105(a) of title 31, United States Code, an 
                estimate of the funds required in that fiscal year to 
                make payments under paragraph (2).''.

               TITLE X--UNIDENTIFIED ANOMALOUS PHENOMENA

SEC. 1001. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW OF ALL-
              DOMAIN ANOMALY RESOLUTION OFFICE.

    (a) Definitions.--In this section, the terms ``congressional 
defense committees'', ``congressional leadership'', and ``unidentified 
anomalous phenomena'' have the meanings given such terms in section 
1683(n) of the National Defense Authorization Act for Fiscal Year 2022 
(50 U.S.C. 3373(n)).
    (b) Review Required.--The Comptroller General of the United States 
shall conduct a review of the All-domain Anomaly Resolution Office (in 
this section referred to as the ``Office'').
    (c) Elements.--The review conducted pursuant to subsection (b) 
shall include the following:
            (1) A review of the implementation by the Office of the 
        duties and requirements of the Office under section 1683 of the 
        National Defense Authorization Act for Fiscal Year 2022 (50 
        U.S.C. 3373), such as the process for operational unidentified 
        anomalous phenomena reporting and coordination with the 
        Department of Defense, the intelligence community, and other 
        departments and agencies of the Federal Government and non-
        Government entities.
            (2) A review of such other matters relating to the 
        activities of the Office that pertain to unidentified anomalous 
        phenomena as the Comptroller General considers appropriate.
    (d) Report.--Following the review required by subsection (b), in a 
timeframe mutually agreed upon by the congressional intelligence 
committees, the congressional defense committees, congressional 
leadership, and the Comptroller General, the Comptroller General shall 
submit to such committees and congressional leadership a report on the 
findings of the Comptroller General with respect to the review 
conducted under subsection (b).

SEC. 1002. SUNSET OF REQUIREMENTS RELATING TO AUDITS OF UNIDENTIFIED 
              ANOMALOUS PHENOMENA HISTORICAL RECORD REPORT.

    Section 6001 of the Intelligence Authorization Act for Fiscal Year 
2023 (50 U.S.C. 3373 note) is amended--
            (1) in subsection (b)(2), by inserting ``until April 1, 
        2025'' after ``quarterly basis''; and
            (2) in subsection (c), by inserting ``until June 30, 2025'' 
        after ``semiannually thereafter''.

SEC. 1003. FUNDING LIMITATIONS RELATING TO UNIDENTIFIED ANOMALOUS 
              PHENOMENA.

    (a) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Select Committee on Intelligence, the 
                Committee on Armed Services, and the Committee on 
                Appropriations of the Senate; and
                    (B) the Permanent Select Committee on Intelligence, 
                the Committee on Armed Services, and the Committee on 
                Appropriations of the House of Representatives.
            (2) Congressional leadership.--The term ``congressional 
        leadership'' means--
                    (A) the majority leader of the Senate;
                    (B) the minority leader of the Senate;
                    (C) the Speaker of the House of Representatives; 
                and
                    (D) the minority leader of the House of 
                Representatives.
            (3) Unidentified anomalous phenomena.--The term 
        ``unidentified anomalous phenomena'' has the meaning given such 
        term in section 1683(n) of the National Defense Authorization 
        Act for Fiscal Year 2022 (50 U.S.C. 3373(n)).
    (b) Limitations.--None of the funds authorized to be appropriated 
or otherwise made available by this Act may be obligated or expended in 
support of any activity involving unidentified anomalous phenomena 
protected under any form of special access or restricted access 
limitation unless the Director of National Intelligence has provided 
the details of the activity to the appropriate committees of Congress 
and congressional leadership, including for any activities described in 
a report released by the All-domain Anomaly Resolution Office in fiscal 
year 2024.
    (c) Limitation Regarding Independent Research and Development.--
Independent research and development funding relating to unidentified 
anomalous phenomena shall not be allowable as indirect expenses for 
purposes of contracts covered by such instruction, unless such material 
and information is made available to the appropriate congressional 
committees and leadership.

                         TITLE XI--AIR AMERICA

SEC. 1101. SHORT TITLE.

    This title may be cited as the ``Air America Act of 2024''.

SEC. 1102. FINDINGS.

    Congress finds the following:
            (1) Air America and its affiliated companies, in 
        coordination with the Central Intelligence Agency, provided 
        direct and indirect support to the United States Government 
        from 1950 to 1976.
            (2) The service and sacrifice of employees of Air America 
        included--
                    (A) suffering a high rate of casualties in the 
                course of service;
                    (B) saving thousands of lives in search and rescue 
                missions for downed United States airmen and in allied 
                refugee evacuations; and
                    (C) serving lengthy periods under challenging 
                circumstances abroad.

SEC. 1103. DEFINITIONS.

    In this title:
            (1) Affiliated company.--The term ``affiliated company'', 
        with respect to Air America, includes Air Asia Company Limited, 
        CAT Incorporated, Civil Air Transport Company Limited, and the 
        Pacific Division of Southern Air Transport.
            (2) Air america.--The term ``Air America'' means Air 
        America, Incorporated.
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Homeland Security and 
                Governmental Affairs, the Select Committee on 
                Intelligence, and the Committee on Appropriations of 
                the Senate; and
                    (B) the Committee on Oversight and Accountability, 
                the Permanent Select Committee on Intelligence, and the 
                Committee on Appropriations of the House of 
                Representatives.
            (4) Child; dependent; widow; widower.--The terms ``child'', 
        ``dependent'', ``widow'', and ``widower'' have the meanings 
        given those terms in section 8341(a) of title 5, United States 
        Code, except that such section shall be applied by substituting 
        ``individual who performed qualifying service'' for ``employee 
        or Member''.
            (5) Covered decedent.--The term ``covered decedent'' means 
        an individual who was killed in Southeast Asia while supporting 
        operations of the Central Intelligence Agency during the period 
        beginning on January 1, 1950, and ending on December 31, 1976, 
        as a United States citizen employee of Air America or an 
        affiliated company.
            (6) Director.--The term ``Director'' means the Director of 
        the Central Intelligence Agency.
            (7) Qualifying service.-- The term ``qualifying service'' 
        means service that--
                    (A) was performed by a United States citizen as an 
                employee of Air America or an affiliated company during 
                the period beginning on January 1, 1950, and ending on 
                December 31, 1976; and
                    (B) is documented in--
                            (i) the corporate records of Air America or 
                        an affiliated company;
                            (ii) records possessed by the United States 
                        Government; or
                            (iii) the personal records of a former 
                        employee of Air America or an affiliated 
                        company that are verified by the United States 
                        Government.
            (8) Survivor.--The term ``survivor'' means--
                    (A) the widow or widower of--
                            (i) an individual who performed qualifying 
                        service; or
                            (ii) a covered decedent; or
                    (B) an individual who, at any time during or since 
                the period of qualifying service, or on the date of 
                death of a covered decedent, was a dependent or child 
                of--
                            (i) the individual who performed such 
                        qualifying service; or
                            (ii) the covered decedent.

SEC. 1104. AWARD AUTHORIZED TO ELIGIBLE PERSONS.

    (a) In General.--Subject to the limitation in subsection (d), the 
Director shall provide an award payment of $40,000 under this section--
            (1) to an individual who performed qualifying service for a 
        period greater than or equal to 5 years or to a survivor of 
        such individual; or
            (2) to the survivor of a covered decedent.
    (b) Requirements.--
            (1) In general.--To be eligible for a payment under this 
        subsection, an individual who performed qualifying service or 
        survivor (as the case may be) must demonstrate to the 
        satisfaction of the Director that the individual whose 
        qualifying service upon which the payment is based meets the 
        criteria of paragraph (1) or (2) of subsection (a).
            (2) Reliance on records.--In carrying out this subsection, 
        in addition to any evidence provided by such an individual or 
        survivor, the Director may rely on records possessed by the 
        United States Government.
    (c) Additional Payment.--If an individual, or in the case of a 
survivor, the individual whose qualifying service upon which the 
payment is based, can demonstrate to the Director that the qualifying 
service of the individual exceeded 5 years, the Director shall pay to 
such individual or survivor an additional $8,000 for each full year in 
excess of 5 years (and a proportionate amount for a partial year).
    (d) Survivors.--In the case of an award granted to a survivor under 
this section, the payment shall be made--
            (1) to the surviving widow or widower; or
            (2) if there is no surviving widow or widower, to the 
        surviving dependents or children, in equal shares.

SEC. 1105. FUNDING LIMITATION.

    (a) In General.--The total amount of awards granted under this 
title may not exceed $60,000,000.
    (b) Requests for Additional Funds.--If, at the determination of the 
Director, the amount of funds required to satisfy all valid 
applications for payment under this title exceeds the limitation set 
forth in subsection (a), the Director shall submit to Congress a 
request for sufficient funds to fulfill all remaining payments.
    (c) Awards to Employees of Intermountain Aviation.--The Director 
may determine, on a case-by-case basis, to award amounts to individuals 
who performed service consistent with the definition of qualifying 
service as employees of Intermountain Aviation.

SEC. 1106. TIME LIMITATION.

    (a) In General.--To be eligible for an award payment under this 
title, a claimant must file a claim for such payment with the Director 
not later than 2 years after the effective date of the regulations 
prescribed by the Director in accordance with section 1107.
    (b) Determination.--Not later than 90 days after receiving a claim 
for an award payment under this section, the Director shall determine 
the eligibility of the claimant for payment.
    (c) Payment.--
            (1) In general.--If the Director determines that the 
        claimant is eligible for the award payment, the Director shall 
        pay the award payment not later than 60 days after the date of 
        such determination.
            (2) Lump-sum payment.--The Director shall issue each 
        payment as a one-time lump sum payment contingent upon the 
        timely filing of the claimant under this section.
            (3) Notice and delays.--The Director shall notify the 
        appropriate congressional committees of any delays in making an 
        award payment not later than 30 days after the date such 
        payment is due.

SEC. 1107. APPLICATION PROCEDURES.

    (a) In General.--The Director shall prescribe procedures to carry 
out this title, which shall include processes under which--
            (1) claimants may submit claims for payment under this 
        title;
            (2) the Director will award the amounts under section 1104; 
        and
            (3) claimants can obtain redress and appeal determinations 
        under section 1106.
    (b) Other Matters.--Such procedures--
            (1) shall be--
                    (A) prescribed not later than 60 days after the 
                date of the enactment of this Act; and
                    (B) published in the Code of Federal Regulations; 
                and
            (2) shall not be subject to chapter 5 of title 5, United 
        States Code.

SEC. 1108. RULE OF CONSTRUCTION.

    Nothing in this title shall be construed to--
            (1) entitle any person to Federal benefits, including 
        retirement benefits under chapter 83 or 84 of title 5, United 
        States Code, and disability or death benefits under chapter 81 
        of such title;
            (2) change the legal status of the former Air America 
        corporation or any affiliated company; or
            (3) create any legal rights, benefits, or entitlements 
        beyond the one-time award authorized by this title.

SEC. 1109. ATTORNEYS' AND AGENTS' FEES.

    (a) In General.--It shall be unlawful for more than 25 percent of 
an award paid pursuant to this title to be paid to, or received by, any 
agent or attorney for any service rendered to a person who receives an 
award under section 1104, in connection with the award under this 
title.
    (b) Violation.--Any agent or attorney who violates subsection (a) 
shall be fined under title 18, United States Code.

SEC. 1110. NO JUDICIAL REVIEW.

    A determination by the Director pursuant to this title is final and 
conclusive and shall not be subject to judicial review.

SEC. 1111. REPORTS TO CONGRESS.

    Until the date that all funds available for awards under this title 
are expended, the Director shall submit to the appropriate 
congressional committees a semiannual report describing the number of 
award payments made and denied during the 180 days preceding the 
submission of the report, including the rationales for any denials, and 
if, at the determination of the Director, the amount of funds provided 
to carry out this title is insufficient to satisfy any remaining or 
anticipated claims.

                        TITLE XII--OTHER MATTERS

SEC. 1201. ENHANCED AUTHORITIES FOR AMICUS CURIAE UNDER THE FOREIGN 
              INTELLIGENCE SURVEILLANCE ACT OF 1978.

    (a) Expansion of Appointment Authority.--
            (1) In general.--Section 103(i)(2)(A) of the Foreign 
        Intelligence Surveillance Act of 1978 (50 U.S.C. 1803(i)(2)(A)) 
        is amended by striking clause (i) and inserting the following:
                            ``(i) shall appoint one or more individuals 
                        who have been designated under paragraph (1), 
                        not less than one of whom possesses privacy and 
                        civil liberties expertise, unless the court 
                        finds that such a qualification is 
                        inappropriate, to serve as amicus curiae to 
                        assist the court in the consideration of any 
                        application or motion for an order or review 
                        that, in the opinion of the court--
                                    ``(I) presents a novel or 
                                significant interpretation of the law, 
                                unless the court issues a finding that 
                                such appointment is not appropriate;
                                    ``(II) presents exceptional 
                                concerns with respect to the activities 
                                of a United States person that are 
                                protected by the first amendment to the 
                                Constitution of the United States, 
                                unless the court issues a finding that 
                                such appointment is not appropriate;
                                    ``(III) targets a United States 
                                person and presents or involves a 
                                sensitive investigative matter, 
                                unless--
                                            ``(aa) the matter 
                                        represents an immediate danger 
                                        to human life; or
                                            ``(bb) the court issues a 
                                        finding that such appointment 
                                        is not appropriate;
                                    ``(IV) targets a United States 
                                person and presents a request for 
                                approval of programmatic surveillance 
                                or reauthorization of programmatic 
                                surveillance, unless the court issues a 
                                finding that such appointment is not 
                                appropriate; or
                                    ``(V) targets a United States 
                                person and otherwise presents novel or 
                                exceptional civil liberties issues, 
                                unless the court issues a finding that 
                                such appointment is not appropriate;''.
            (2) Definition of sensitive investigative matter.--
        Subsection (i) of section 103 of such Act (50 U.S.C. 1803) is 
        amended by adding at the end the following:
            ``(12) Definition of sensitive investigative matter.--In 
        this subsection, the term `sensitive investigative matter' 
        means--
                    ``(A) an investigative matter that targets a United 
                States person who is--
                            ``(i) a United States elected official;
                            ``(ii) an appointee of--
                                    ``(I) the President; or
                                    ``(II) a State Governor;
                            ``(iii) a United States political 
                        candidate;
                            ``(iv) a United States political 
                        organization or an individual prominent in such 
                        an organization;
                            ``(v) a United States news media 
                        organization or a member of a United States 
                        news media organization; or
                            ``(vi) a United States religious 
                        organization or an individual prominent in such 
                        an organization; or
                    ``(B) any other investigative matter involving a 
                domestic entity or a known or presumed United States 
                person that, in the judgment of the applicable court 
                established under subsection (a) or (b), is as 
                sensitive as an investigative matter described in 
                subparagraph (A).''.
    (b) Authority To Seek Review.--Subsection (i) of such section (50 
U.S.C. 1803), as amended by subsection (a) of this section, is further 
amended--
            (1) in paragraph (4)--
                    (A) in the paragraph heading, by inserting ``; 
                authority'' after ``Duties'';
                    (B) by striking ``the amicus curiae shall'' and all 
                that follows through ``provide'' and insert the 
                following: ``the amicus curiae--
                    ``(A) shall provide'';
                    (C) in subparagraph (A), as so designated--
                            (i) in clause (i), by inserting before the 
                        semicolon at the end the following: ``, 
                        including legal arguments regarding any privacy 
                        or civil liberties interest of any United 
                        States person that would be significantly 
                        impacted by the application or motion''; and
                            (ii) in clause (iii), by striking the 
                        period at the end and inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(B) may seek leave to raise any novel or 
                significant privacy or civil liberties issue relevant 
                to the application or motion or other issue directly 
                impacting the legality of the proposed electronic 
                surveillance with the court, regardless of whether the 
                court has requested assistance on that issue.'';
            (2) by redesignating paragraphs (7) through (12) as 
        paragraphs (8) through (13), respectively; and
            (3) by inserting after paragraph (6) the following:
            ``(7) Authority to seek review of decisions.--
                    ``(A) FISA court decisions.--Following issuance of 
                a final order under this Act by the Foreign 
                Intelligence Surveillance Court in a matter in which an 
                amicus curiae was appointed under paragraph (2), that 
                amicus curiae may petition the Foreign Intelligence 
                Surveillance Court to certify for review to the Foreign 
                Intelligence Surveillance Court of Review a question of 
                law pursuant to subsection (j). If the court denies 
                such petition, the court shall provide for the record a 
                written statement of the reasons for such denial. Upon 
                certification of any question of law pursuant to this 
                subparagraph, the Court of Review shall appoint the 
                amicus curiae to assist the Court of Review in its 
                consideration of the certified question, unless the 
                Court of Review issues a finding that such appointment 
                is not appropriate.
                    ``(B) FISA court of review decisions.--An amicus 
                curiae appointed under paragraph (2) may petition the 
                Foreign Intelligence Surveillance Court of Review to 
                certify for review to the Supreme Court of the United 
                States any question of law pursuant to section 1254(2) 
                of title 28, United States Code, in the matter in which 
                that amicus curiae was appointed.
                    ``(C) Declassification of referrals.--For purposes 
                of section 602, if the Foreign Intelligence 
                Surveillance Court or the Foreign Intelligence 
                Surveillance Court of Review denies a petition filed 
                under subparagraph (A) or (B) of this paragraph, that 
                petition and all of its content shall be considered a 
                decision, order, or opinion issued by the Foreign 
                Intelligence Surveillance Court or the Foreign 
                Intelligence Surveillance Court of Review described in 
                section 602(a).''.
    (c) Access to Information.--
            (1) Application and Materials.--Subparagraph (A) of section 
        103(i)(6) of such Act (50 U.S.C. 1803(i)(6)) is amended to read 
        as follows:
                    ``(A) In general.--
                            ``(i) Rights of amicus.--If a court 
                        established under subsection (a) or (b) 
                        appoints an amicus curiae under paragraph (2), 
                        the amicus curiae--
                                    ``(I) shall have access to, to the 
                                extent such information is available to 
                                the Government and the court 
                                established under subsection (a) or (b) 
                                determines it is necessary to fulfill 
                                the duties of the amicus curiae--
                                            ``(aa) the application, 
                                        certification, petition, 
                                        motion, and other information 
                                        and supporting materials 
                                        submitted to the Foreign 
                                        Intelligence Surveillance Court 
                                        in connection with the matter 
                                        in which the amicus curiae has 
                                        been appointed, including 
                                        access to any relevant legal 
                                        precedent (including any such 
                                        precedent that is cited by the 
                                        Government, including in such 
                                        an application);
                                            ``(bb) a copy of each 
                                        relevant decision made by the 
                                        Foreign Intelligence 
                                        Surveillance Court or the 
                                        Foreign Intelligence 
                                        Surveillance Court of Review in 
                                        which the court decides a 
                                        question of law, without regard 
                                        to whether the decision is 
                                        classified; and
                                            ``(cc) any other 
                                        information or materials that 
                                        the court determines are 
                                        relevant to the duties of the 
                                        amicus curiae; and
                                    ``(II) may make a submission to the 
                                court requesting access to any other 
                                particular materials or information (or 
                                category of materials or information) 
                                that the amicus curiae believes to be 
                                relevant to the duties of the amicus 
                                curiae.
                            ``(ii) Supporting documentation regarding 
                        accuracy.--The Foreign Intelligence 
                        Surveillance Court, upon the motion of an 
                        amicus curiae appointed under paragraph (2) or 
                        upon its own motion, may require the Government 
                        to make available the supporting documentation 
                        regarding the accuracy of any material 
                        submitted to the Foreign Intelligence 
                        Surveillance Court in connection with the 
                        matter in which the amicus curiae has been 
                        appointed if the court determines the 
                        information is relevant to the duties of the 
                        amicus curiae.''.
            (2) Clarification of access to certain information.--Such 
        section is further amended by striking subparagraph (C) and 
        inserting the following:
                    ``(C) Classified information.--An amicus curiae 
                appointed by the court shall have access, to the extent 
                such information is available to the Government and the 
                court determines such information is relevant to the 
                duties of the amicus curiae in the matter in which the 
                amicus curiae was appointed, to copies of each opinion, 
                order, transcript, pleading, or other document of the 
                Foreign Intelligence Surveillance Court and the Foreign 
                Intelligence Surveillance Court of Review, including, 
                if the individual is eligible for access to classified 
                information, any classified documents, information, and 
                other materials or proceedings, but only to the extent 
                consistent with the national security of the United 
                States.''.
            (3) Consultation among amici curiae.--Such section is 
        further amended--
                    (A) by redesignating subparagraphs (B), (C), and 
                (D) as subparagraphs (C), (D), and (E), respectively; 
                and
                    (B) by inserting after subparagraph (A) the 
                following:
                    ``(B) Consultation.--If the Foreign Intelligence 
                Surveillance Court or the Foreign Intelligence 
                Surveillance Court of Review determines that it is 
                relevant to the duties of an amicus curiae appointed by 
                the court under paragraph (2), the amicus curiae may 
                consult with one or more of the other individuals 
                designated to serve as amicus curiae pursuant to 
                paragraph (1) regarding any of the information relevant 
                to any assigned proceeding.''.
    (d) Term Limits.--
            (1) Requirement.--Paragraph (1) of section 103(i) of such 
        Act (50 U.S.C. 1803(i)) is amended by adding at the end the 
        following new sentence: ``An individual may serve as an amicus 
        curiae for a 5-year term, and the presiding judges may, for 
        good cause, jointly reappoint the individual to a single 
        additional 5-year term.''.
            (2) Application.--The amendment made by paragraph (1) shall 
        apply with respect to the service of an amicus curiae appointed 
        under section 103(i) of such Act (50 U.S.C. 1803(i)) that 
        occurs on or after the date of the enactment of this Act, 
        regardless of the date on which the amicus curiae is appointed.

SEC. 1202. LIMITATION ON DIRECTIVES UNDER FOREIGN INTELLIGENCE 
              SURVEILLANCE ACT OF 1978 RELATING TO CERTAIN ELECTRONIC 
              COMMUNICATION SERVICE PROVIDERS.

    Section 702(i) of the Foreign Intelligence Surveillance Act of 1978 
(50 U.S.C. 1881a(i)) is amended by adding at the end the following:
            ``(7) Limitation relating to certain electronic 
        communication service providers.--
                    ``(A) Definitions.--In this paragraph:
                            ``(i) Appropriate committees of congress.--
                        The term `appropriate committees of Congress' 
                        means--
                                    ``(I) the congressional 
                                intelligence committees;
                                    ``(II) the Committee on the 
                                Judiciary of the Senate; and
                                    ``(III) the Committee on the 
                                Judiciary of the House of 
                                Representatives.
                            ``(ii) Covered electronic communication 
                        service provider.--The term `covered electronic 
                        communication service provider' means--
                                    ``(I) a service provider described 
                                in section 701(b)(4)(E); or
                                    ``(II) a custodian of an entity as 
                                defined in section 701(b)(4)(F).
                            ``(iii) Covered opinions.--The term 
                        `covered opinions' means the opinions of the 
                        Foreign Intelligence Surveillance Court and the 
                        Foreign Intelligence Surveillance Court of 
                        Review authorized for public release on August 
                        23, 2023 (Opinion and Order, In re Petition to 
                        Set Aside or Modify Directive Issued to 
                        [REDACTED], No. [REDACTED], (FISA Ct. 
                        [REDACTED] 2022) (Contreras J.); Opinion, In re 
                        Petition to Set Aside or Modify Directive 
                        Issued to [REDACTED], No. [REDACTED], (FISA Ct. 
                        Rev. [REDACTED] 2023) (Sentelle, J.; Higginson, 
                        J.; Miller J.)).
                    ``(B) Limitation.--A directive may not be issued 
                under paragraph (1) to a covered electronic 
                communication service provider unless the covered 
                electronic communication service provider is a provider 
                of the type of service at issue in the covered 
                opinions.
                    ``(C) Requirements for directives to covered 
                electronic communication service providers.--
                            ``(i) In general.--Subject to clause (ii), 
                        any directive issued under paragraph (1) on or 
                        after the date of the enactment of the 
                        Intelligence Authorization Act for Fiscal Year 
                        2025 to a covered electronic communication 
                        service provider that is not prohibited by 
                        subparagraph (B) of this paragraph shall 
                        include a summary description of the services 
                        at issue in the covered opinions.
                            ``(ii) Duplicate summaries not required.--A 
                        directive need not include a summary 
                        description of the services at issue in the 
                        covered opinions if such summary was included 
                        in a prior directive issued to the covered 
                        electronic communication service provider and 
                        the summary has not materially changed.
                    ``(D) Foreign intelligence surveillance court 
                notification and review.--
                            ``(i) Notification.--
                                    ``(I) In general.--Subject to 
                                subclause (II), each time the Attorney 
                                General and the Director of National 
                                Intelligence issue a directive under 
                                paragraph (1) to a covered electronic 
                                communication service provider that is 
                                not prohibited by subparagraph (B) and 
                                each time the Attorney General and the 
                                Director materially change a directive 
                                under paragraph (1) issued to a covered 
                                electronic communication service 
                                provider that is not prohibited by 
                                subparagraph (B), the Attorney General 
                                and the Director shall provide the 
                                directive to the Foreign Intelligence 
                                Surveillance Court on or before the 
                                date that is 7 days after the date on 
                                which the Attorney General and the 
                                Director issue the directive, along 
                                with a description of the covered 
                                electronic communication service 
                                provider to whom the directive is 
                                issued and the services at issue.
                                    ``(II) Duplication not required.--
                                The Attorney General and the Director 
                                do not need to provide a directive or 
                                description to the Foreign Intelligence 
                                Surveillance Court under subclause (I) 
                                if a directive and description 
                                concerning the covered electronic 
                                communication service provider was 
                                previously provided to the Court and 
                                the directive or description has not 
                                materially changed.
                            ``(ii) Additional information.--As soon as 
                        feasible and not later than the initiation of 
                        collection, the Attorney General and the 
                        Director shall, for each directive described in 
                        subparagraph (i), provide the Foreign 
                        Intelligence Surveillance Court a description 
                        of the type of equipment to be accessed, the 
                        nature of the access, and the form of 
                        assistance required pursuant to the directive.
                            ``(iii) Review.--
                                    ``(I) In general.--The Foreign 
                                Intelligence Surveillance Act Court may 
                                review a directive received by the 
                                Court under clause (i) to determine 
                                whether the directive is consistent 
                                with subparagraph (B) and affirm, 
                                modify, or set aside the directive.
                                    ``(II) Notice of intent to 
                                review.--Not later than 10 days after 
                                the date on which the Court receives 
                                information under clause (ii) with 
                                respect to a directive, the Court shall 
                                provide notice to the Attorney General, 
                                the Director, and the covered 
                                electronic communication service 
                                provider, indicating whether the Court 
                                intends to undertake a review under 
                                subclause (I) of this clause.
                                    ``(III) Completion of reviews.--In 
                                a case in which the Court provides 
                                notice under subclause (II) indicating 
                                that the Court intends to review a 
                                directive under subclause (I), the 
                                Court shall, not later than 30 days 
                                after the date on which the Court 
                                provides notice under subclause (II) 
                                with respect to the directive, complete 
                                the review.
                    ``(E) Congressional oversight.--
                            ``(i) Notification.--
                                    ``(I) In general.--Subject to 
                                subclause (II), each time the Attorney 
                                General and the Director of National 
                                Intelligence issue a directive under 
                                paragraph (1) to a covered electronic 
                                communication service provider that is 
                                not prohibited by subparagraph (B) and 
                                each time the Attorney General and the 
                                Director materially change a directive 
                                under paragraph (1) issued to a covered 
                                electronic communication service 
                                provider that is not prohibited by 
                                subparagraph (B), the Attorney General 
                                and the Director shall submit to the 
                                appropriate committees of Congress the 
                                directive on or before the date that is 
                                7 days after the date on which the 
                                Attorney General and the Director issue 
                                the directive, along with description 
                                of the covered electronic communication 
                                service provider to whom the directive 
                                is issued and the services at issue.
                                    ``(II) Duplication not required.--
                                The Attorney General and the Director 
                                do not need to submit a directive or 
                                description to the appropriate 
                                committees of Congress under subclause 
                                (I) if a directive and description 
                                concerning the covered electronic 
                                communication service provider was 
                                previously submitted to the appropriate 
                                committees of Congress and the 
                                directive or description has not 
                                materially changed.
                            ``(ii) Additional information.--As soon as 
                        feasible and not later than the initiation of 
                        collection, the Attorney General and the 
                        Director shall, for each directive described in 
                        subparagraph (i), provide the appropriate 
                        committees of Congress a description of the 
                        type of equipment to be accessed, the nature of 
                        the access, and the form of assistance required 
                        pursuant to the directive.
                            ``(iii) Reporting.--
                                    ``(I) Quarterly reports.--Not later 
                                than 90 days after the date of the 
                                enactment of the Intelligence 
                                Authorization Act for Fiscal Year 2025 
                                and not less frequently than once each 
                                quarter thereafter, the Attorney 
                                General and the Director shall submit 
                                to the appropriate committees of 
                                Congress a report on the number of 
                                directives issued, during the period 
                                covered by the report, under paragraph 
                                (1) to a covered electronic 
                                communication service provider and the 
                                number of directives provided during 
                                the same period to the Foreign 
                                Intelligence Surveillance Court under 
                                subparagraph (D)(i).
                                    ``(II) Form of reports.--Each 
                                report submitted pursuant to subclause 
                                (I) shall be submitted in unclassified 
                                form, but may include a classified 
                                annex.
                                    ``(III) Submittal of court 
                                opinions.--Not later than 45 days after 
                                the date on which the Foreign 
                                Intelligence Surveillance Court or the 
                                Foreign Intelligence Surveillance Court 
                                of Review issues an opinion relating to 
                                a directive issued to a covered 
                                electronic communication service 
                                provider under paragraph (1), the 
                                Attorney General shall submit to the 
                                appropriate committees of Congress a 
                                copy of the opinion.''.

SEC. 1203. STRENGTHENING ELECTION CYBERSECURITY TO UPHOLD RESPECT FOR 
              ELECTIONS THROUGH INDEPENDENT TESTING ACT OF 2024.

    (a) Short Title.--This section may be cited as the ``Strengthening 
Election Cybersecurity to Uphold Respect for Elections through 
Independent Testing Act of 2024'' or the ``SECURE IT Act of 2024''.
    (b) Requiring Penetration Testing as Part of the Testing and 
Certification of Voting Systems.--Section 231 of the Help America Vote 
Act of 2002 (52 U.S.C. 20971) is amended by adding at the end the 
following new subsection:
    ``(e) Required Penetration Testing.--
            ``(1) In general.--Not later than 180 days after the date 
        of the enactment of this subsection, the Commission shall 
        provide for the conduct of penetration testing as part of the 
        testing, certification, decertification, and recertification of 
        voting system hardware and software by the Commission based on 
        accredited laboratories under this section.
            ``(2) Accreditation.--The Commission shall develop a 
        program for the acceptance of the results of penetration 
        testing on election systems. The penetration testing required 
        by this subsection shall be required for Commission 
        certification. The Commission shall vote on the selection of 
        any entity identified. The requirements for such selection 
        shall be based on consideration of an entity's competence to 
        conduct penetration testing under this subsection. The 
        Commission may consult with the National Institute of Standards 
        and Technology or any other appropriate Federal agency on lab 
        selection criteria and other aspects of this program.''.
    (c) Independent Security Testing and Coordinated Cybersecurity 
Vulnerability Disclosure Program for Election Systems.--
            (1) In general.--Subtitle D of title II of the Help America 
        Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by adding 
        at the end the following new part:

 ``PART 7--INDEPENDENT SECURITY TESTING AND COORDINATED CYBERSECURITY 
      VULNERABILITY DISCLOSURE PILOT PROGRAM FOR ELECTION SYSTEMS

``SEC. 297. INDEPENDENT SECURITY TESTING AND COORDINATED CYBERSECURITY 
              VULNERABILITY DISCLOSURE PILOT PROGRAM FOR ELECTION 
              SYSTEMS.

    ``(a) In General.--
            ``(1) Establishment.--The Commission, in consultation with 
        the Secretary, shall establish an Independent Security Testing 
        and Coordinated Vulnerability Disclosure Pilot Program for 
        Election Systems (VDP-E) (in this section referred to as the 
        `program') to test for and disclose cybersecurity 
        vulnerabilities in election systems.
            ``(2) Duration.--The program shall be conducted for a 
        period of 5 years.
            ``(3) Requirements.--In carrying out the program, the 
        Commission, in consultation with the Secretary, shall--
                    ``(A) establish a mechanism by which an election 
                systems vendor may make their election system 
                (including voting machines and source code) available 
                to cybersecurity researchers participating in the 
                program;
                    ``(B) provide for the vetting of cybersecurity 
                researchers prior to their participation in the 
                program, including the conduct of background checks;
                    ``(C) establish terms of participation that--
                            ``(i) describe the scope of testing 
                        permitted under the program;
                            ``(ii) require researchers to--
                                    ``(I) notify the vendor, the 
                                Commission, and the Secretary of any 
                                cybersecurity vulnerability they 
                                identify with respect to an election 
                                system; and
                                    ``(II) otherwise keep such 
                                vulnerability confidential for 180 days 
                                after such notification;
                            ``(iii) require the good faith 
                        participation of all participants in the 
                        program;
                            ``(iv) require an election system vendor, 
                        within 180 days after validating notification 
                        of a critical or high vulnerability (as defined 
                        by the National Institute of Standards and 
                        Technology) in an election system of the 
                        vendor, to--
                                    ``(I) send a patch or propound some 
                                other fix or mitigation for such 
                                vulnerability to the appropriate State 
                                and local election officials, in 
                                consultation with the researcher who 
                                discovered it; and
                                    ``(II) notify the Commission and 
                                the Secretary that such patch has been 
                                sent to such officials;
                    ``(D) in the case where a patch or fix to address a 
                vulnerability disclosed under subparagraph (C)(ii)(I) 
                is intended to be applied to a system certified by the 
                Commission, provide--
                            ``(i) for the expedited review of such 
                        patch or fix within 90 days after receipt by 
                        the Commission; and
                            ``(ii) if such review is not completed by 
                        the last day of such 90-day period, that such 
                        patch or fix shall be deemed to be certified by 
                        the Commission, subject to any subsequent 
                        review of such determination by the Commission; 
                        and
                    ``(E) 180 days after the disclosure of a 
                vulnerability under subparagraph (C)(ii)(I), notify the 
                Director of the Cybersecurity and Infrastructure 
                Security Agency of the vulnerability for inclusion in 
                the database of Common Vulnerabilities and Exposures.
            ``(4) Voluntary participation; safe harbor.--
                    ``(A) Voluntary participation.--Participation in 
                the program shall be voluntary for election systems 
                vendors and researchers.
                    ``(B) Safe harbor.--When conducting research under 
                this program, such research and subsequent publication 
                shall be--
                            ``(i) authorized in accordance with section 
                        1030 of title 18, United States Code (commonly 
                        known as the `Computer Fraud and Abuse Act'), 
                        (and similar State laws), and the election 
                        system vendor will not initiate or support 
                        legal action against the researcher for 
                        accidental, good faith violations of the 
                        program; and
                            ``(ii) exempt from the anti-circumvention 
                        rule of section 1201 of title 17, United States 
                        Code (commonly known as the `Digital Millennium 
                        Copyright Act'), and the election system vendor 
                        will not bring a claim against a researcher for 
                        circumvention of technology controls.
                    ``(C) Rule of construction.--Nothing in this 
                paragraph may be construed to limit or otherwise affect 
                any exception to the general prohibition against the 
                circumvention of technological measures under 
                subparagraph (A) of section 1201(a)(1) of title 17, 
                United States Code, including with respect to any use 
                that is excepted from that general prohibition by the 
                Librarian of Congress under subparagraphs (B) through 
                (D) of such section 1201(a)(1).
            ``(5) Definitions.--In this subsection:
                    ``(A) Cybersecurity vulnerability.--The term 
                `cybersecurity vulnerability' means, with respect to an 
                election system, any security vulnerability that 
                affects the election system.
                    ``(B) Election infrastructure.--The term `election 
                infrastructure' means--
                            ``(i) storage facilities, polling places, 
                        and centralized vote tabulation locations used 
                        to support the administration of elections for 
                        public office; and
                            ``(ii) related information and 
                        communications technology, including--
                                    ``(I) voter registration databases;
                                    ``(II) election management systems;
                                    ``(III) voting machines;
                                    ``(IV) electronic mail and other 
                                communications systems (including 
                                electronic mail and other systems of 
                                vendors who have entered into contracts 
                                with election agencies to support the 
                                administration of elections, manage the 
                                election process, and report and 
                                display election results); and
                                    ``(V) other systems used to manage 
                                the election process and to report and 
                                display election results on behalf of 
                                an election agency.
                    ``(C) Election system.--The term `election system' 
                means any information system that is part of an 
                election infrastructure, including any related 
                information and communications technology described in 
                subparagraph (B)(ii).
                    ``(D) Election system vendor.--The term `election 
                system vendor' means any person providing, supporting, 
                or maintaining an election system on behalf of a State 
                or local election official.
                    ``(E) Information system.--The term `information 
                system' has the meaning given the term in section 3502 
                of title 44, United States Code.
                    ``(F) Secretary.--The term `Secretary' means the 
                Secretary of Homeland Security.
                    ``(G) Security vulnerability.--The term `security 
                vulnerability' has the meaning given the term in 
                section 102 of the Cybersecurity Information Sharing 
                Act of 2015 (6 U.S.C. 1501).''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by adding at the end of the items relating to 
        subtitle D of title II the following:

 ``PART 7--Independent Security Testing and Coordinated Cybersecurity 
         Vulnerability Disclosure Program for Election Systems

``Sec. 297. Independent security testing and coordinated cybersecurity 
                            vulnerability disclosure program for 
                            election systems.''.

SEC. 1204. PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD QUALIFICATIONS.

    Section 1061(h)(2) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (42 U.S.C. 2000ee(h)(2)) is amended by striking 
``and relevant experience'' and inserting ``or experience in positions 
requiring a security clearance, and relevant national security 
experience''.

SEC. 1205. PARITY IN PAY FOR STAFF OF THE PRIVACY AND CIVIL LIBERTIES 
              OVERSIGHT BOARD AND THE INTELLIGENCE COMMUNITY.

    Section 1061(j)(1) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (42 U.S.C. 2000ee(j)(1)) is amended by striking 
``except that'' and all that follows through the period at the end and 
inserting ``except that no rate of pay fixed under this subsection may 
exceed the highest amount paid by any element of the intelligence 
community for a comparable position, based on salary information 
provided to the chairman of the Board by the Director of National 
Intelligence.''.

SEC. 1206. MODIFICATION AND REPEAL OF REPORTING REQUIREMENTS.

    (a) Briefing on Iranian Expenditures Supporting Foreign Military 
and Terrorist Activities.--Section 6705(a)(1) of the Damon Paul Nelson 
and Matthew Young Pollard Intelligence Authorization Act for Fiscal 
Years 2018, 2019, and 2020 (22 U.S.C. 9412(a)(1)) is amended by 
striking ``, and not less frequently than once each year thereafter 
provide a briefing to Congress,''.
    (b) Reports and Briefings on National Security Effects of Global 
Water Insecurity and Emerging Infectious Diseases and Pandemics.--
Section 6722(b) of the Damon Paul Nelson and Matthew Young Pollard 
Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 
(50 U.S.C. 3024 note; division E of Public Law 116-92) is amended by--
            (1) striking paragraph (2); and
            (2) redesignating paragraphs (3) and (4) as paragraphs (2) 
        and (3), respectively.
    (c) Repeal of Report on Removal of Satellites and Related Items 
From the United States Munitions List.--Section 1261(e) of the National 
Defense Authorization Act for Fiscal Year 2013 (22 U.S.C. 2778 note; 
Public Law 112-239) is repealed.
    (d) Briefing on Review of Intelligence Community Analytic 
Production.--Section 1019(c) of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (50 U.S.C. 3364(c)) is amended by striking 
``December 1'' and inserting ``February 1''.
    (e) Repeal of Report on Oversight of Foreign Influence in 
Academia.--Section 5713 of the Damon Paul Nelson and Matthew Young 
Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 
2020 (50 U.S.C. 3369b) is repealed.
    (f) Repeal of Briefing on Iranian Expenditures Supporting Foreign 
Military and Terrorist Activities.--Section 6705 of the Damon Paul 
Nelson and Matthew Young Pollard Intelligence Authorization Act for 
Fiscal Years 2018, 2019, and 2020 (22 U.S.C. 9412) is amended--
            (1) by striking subsection (b);
            (2) by striking the enumerator and heading for subsection 
        (a);
            (3) by redesignating paragraphs (1) and (2) as subsections 
        (a) and (b), respectively, and moving such subsections, as so 
        redesignated, 2 ems to the left;
            (4) in subsection (a), as so redesignated, by redesignating 
        subparagraphs (A) and (B) as paragraphs (1) and (2), 
        respectively, and moving such paragraphs, as so redesignated, 2 
        ems to the left; and
            (5) in paragraph (1), as so redesignated, by redesignating 
        clauses (i) through (v) as subparagraphs (A) through (E), 
        respectively, and moving such subparagraphs, as so 
        redesignated, 2 ems to the left.
    (g) Repeal of Report on Foreign Investment Risks.--Section 6716 of 
the Damon Paul Nelson and Matthew Young Pollard Intelligence 
Authorization Act for Fiscal Years 2018, 2019, and 2020 (50 U.S.C. 
3370a) is repealed.
    (h) Repeal of Report on Intelligence Community Loan Repayment 
Programs.--Section 6725(c) of the Damon Paul Nelson and Matthew Young 
Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 
2020 (50 U.S.C. 3334g(c)) is repealed.
    (i) Repeal of Report on Data Collection on Attrition in 
Intelligence Community.--Section 306(c) of the Intelligence 
Authorization Act for Fiscal Year 2021 (50 U.S.C. 3334h(c)) is 
repealed.

SEC. 1207. TECHNICAL AMENDMENTS.

    (a) Requirements Relating to Construction of Facilities to Be Used 
Primarily by Intelligence Community.--Section 602(a) of the 
Intelligence Authorization Act for Fiscal Year 1995 (50 U.S.C. 3304(a)) 
is amended--
            (1) in paragraph (1), by striking ``$6,000,000'' and 
        inserting ``$9,000,000''; and
            (2) in paragraph (2)--
                    (A) by striking ``$2,000,000'' each place it 
                appears and inserting ``$4,000,000''; and
                    (B) by striking ``$6,000,000'' and inserting 
                ``$9,000,000''.
    (b) Copyright Protection for Civilian Faculty of Certain Accredited 
Institutions.--Section 105 of title 17, United States Code, is amended 
to read as follows:
``Sec. 105. Subject matter of copyright: United States Government works
    ``(a) In General.--Copyright protection under this title is not 
available for any work of the United States Government, but the United 
States Government is not precluded from receiving and holding 
copyrights transferred to it by assignment, bequest, or otherwise.
    ``(b) Copyright Protection of Certain Works.--Subject to subsection 
(c), the covered author of a covered work owns the copyright to that 
covered work.
    ``(c) Use by Federal Government.--
            ``(1) Secretary of defense authority.--With respect to a 
        covered author who produces a covered work in the course of 
        employment at a covered institution described in subparagraphs 
        (A) through (K) of subsection (d)(2), the Secretary of Defense 
        may direct the covered author to provide the Federal Government 
        with an irrevocable, royalty-free, worldwide, nonexclusive 
        license to reproduce, distribute, perform, or display such 
        covered work for purposes of the United States Government.
            ``(2) Secretary of homeland security authority.--With 
        respect to a covered author who produces a covered work in the 
        course of employment at the covered institution described in 
        subsection (d)(2)(L), the Secretary of Homeland Security may 
        direct the covered author to provide the Federal Government 
        with an irrevocable, royalty-free, worldwide, nonexclusive 
        license to reproduce, distribute, perform, or display such 
        covered work for purposes of the United States Government.
            ``(3) Director of national intelligence authority.--With 
        respect to a covered author who produces a covered work in the 
        course of employment at the covered institution described in 
        subsection (d)(2)(M), the Director of National Intelligence may 
        direct the covered author to provide the Federal Government 
        with an irrevocable, royalty-free, worldwide, nonexclusive 
        license to reproduce, distribute, perform, or display such 
        covered work for purposes of the United States Government.
            ``(4) Secretary of transportation authority.--With respect 
        to a covered author who produces a covered work in the course 
        of employment at the covered institution described in 
        subsection (d)(2)(N), the Secretary of Transportation may 
        direct the covered author to provide the Federal Government 
        with an irrevocable, royalty-free, worldwide, nonexclusive 
        license to reproduce, distribute, perform, or display such 
        covered work for purposes of the United States Government.
    ``(d) Definitions.--In this section:
            ``(1) Covered author.--The term `covered author' means a 
        civilian member of the faculty of a covered institution.
            ``(2) Covered institution.--The term `covered institution' 
        means the following:
                    ``(A) National Defense University.
                    ``(B) United States Military Academy.
                    ``(C) Army War College.
                    ``(D) United States Army Command and General Staff 
                College.
                    ``(E) United States Naval Academy.
                    ``(F) Naval War College.
                    ``(G) Naval Postgraduate School.
                    ``(H) Marine Corps University.
                    ``(I) United States Air Force Academy.
                    ``(J) Air University.
                    ``(K) Defense Language Institute.
                    ``(L) United States Coast Guard Academy.
                    ``(M) National Intelligence University.
                    ``(N) United States Merchant Marine Academy.
            ``(3) Covered work.--The term `covered work' means a 
        literary work produced by a covered author in the course of 
        employment at a covered institution for publication by a 
        scholarly press or journal.''.
                                                       Calendar No. 412

118th CONGRESS

  2d Session

                                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 Central Intelligence 
    Agency Retirement and Disability System, and for other purposes.

_______________________________________________________________________

                              June 3, 2024

 Reported the following original bill; which was read twice and placed 
                            on the calendar