[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4608-S4636]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2274. Mr. WARNER (for himself and Mr. Rubio) submitted an 
amendment intended to be proposed by him to the bill S. 4638, to 
authorize appropriations for fiscal year 2025 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

    DIVISION __--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2025

     SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

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

    DIVISION __--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2025

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.

[[Page S4609]]

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.
Sec. 515. Enhancing public-private sharing on manipulative adversary 
              practices in critical mineral projects.

                    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.

[[Page S4610]]

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 division.
       (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 division 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:

[[Page S4611]]

  


     ``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

[[Page S4612]]

     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

[[Page S4613]]

     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.

[[Page S4614]]

       (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.

[[Page S4615]]

       (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) Definition of appropriate committees of congress.--In 
     this subsection, the term ``appropriate committees of 
     Congress'' means--
       (A) the congressional intelligence committees;
       (B) the Committee on Finance and the Committee on Foreign 
     Relations of the Senate; and
       (C) the Committee on Ways and Means and the Committee on 
     Foreign Affairs of the House of Representatives.
       (2) 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 appropriate committees of Congress a report on 
     the findings of the Director with respect to the assessment.
       (3) Form.--The report submitted pursuant to paragraph (2) 
     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) 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 Finance and the Committee on Foreign 
     Relations of the Senate; and
       (3) the Committee on Ways and Means and the Committee on 
     Foreign Affairs of the House of Representatives.
       (b) Report Required.--The Director of National Intelligence 
     shall submit to the appropriate committees of Congress 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).
       (c) Form.--The report submitted pursuant to subsection (b) 
     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.

[[Page S4616]]

       (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) 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 of the Senate; and
       (3) the Committee on Foreign Affairs of the House of 
     Representatives.
       (b) 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 appropriate 
     committees of Congress an assessment of the likely course of 
     the war in Ukraine through December 31, 2025.
       (c) Elements.--The assessment required by subsection (b) 
     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.
       (d) Form.--The assessment required by subsection (b) 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) 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 of the Senate; and
       (3) the Committee on Foreign Affairs of the House of 
     Representatives.
       (b) 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 appropriate committees of Congress a 
     written report on the findings of the assessment.
       (c) Report Elements.--The report required by subsection (b) 
     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.
       (d) Form.--The report required by subsection (b) 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

[[Page S4617]]

     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) Definitions.--In this section:
       (1) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the congressional intelligence committees;
       (B) the Committee on Foreign Relations of the Senate; and
       (C) the Committee on Foreign Affairs of the House of 
     Representatives.
       (2) Countries of concern.--The term ``countries of 
     concern'' means--
       (A) the Russian Federation;
       (B) the People's Republic of China;
       (C) the Islamic Republic of Iran;
       (D) the Syrian Arab Republic;
       (E) the Democratic People's Republic of Korea;
       (F) the Bolivarian Republic of Venezuela; and
       (G) the Republic of Cuba.
       (b) 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 appropriate committees of 
     Congress 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.
       (c) Form.--The assessment required by subsection (b) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

     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, the Committee on Banking, Housing, and 
     Urban Affairs, and the Committee on Finance of the Senate; 
     and
       (B) the Permanent Select Committee on Intelligence, the 
     Committee on Agriculture, the Committee on Foreign Affairs, 
     the Committee on Financial Services, and the Committee on 
     Ways and Means 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--

[[Page S4618]]

       (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 congressional intelligence committees;
       (B) the Committee on Energy and Natural Resources and the 
     Committee on Foreign Relations of the Senate; and
       (C) the Committee on Energy and Commerce and the Committee 
     on Foreign Affairs 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

[[Page S4619]]

     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) 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, the Committee on 
     Foreign Relations, and the Committee on Appropriations of the 
     Senate; and
       (3) the Committee on Armed Services, the Committee on 
     Foreign Affairs, and the Committee on Appropriations of the 
     House of Representatives.
       (b) 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.
       (c) Elements.--The assessment required by subsection (b) 
     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.
       (d) Form.--The assessment required by subsection (b) shall 
     be submitted in unclassified form, but may include a 
     classified annex.

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

       (a) 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.
       (b) 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''.
       (c) Elements.--The intelligence assessment required by 
     subsection (b) 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.

[[Page S4620]]

       (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.
       (d) Form.--The intelligence assessment required by 
     subsection (b) may be submitted in classified form.

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

       (a) 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 of the Senate; and
       (3) the Committee on Foreign Affairs of the House of 
     Representatives.
       (b) 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 appropriate committees of 
     Congress 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 
     (c), including formal and informal support to and from such 
     countries and organizations.
       (c) 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.
       (d) Form.--The assessment required by subsection (b) 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) 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 of the Senate; and
       (3) the Committee on Foreign Affairs of the House of 
     Representatives.
       (b) 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 appropriate committees of 
     Congress 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.
       (c) Form.--The update submitted pursuant to subsection (b) 
     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) 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 of the Senate; and
       (3) the Committee on Foreign Affairs of the House of 
     Representatives.
       (b) 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.
       (c) 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 
     appropriate committees of Congress 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

[[Page S4621]]

     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 and the Committee on Foreign Relations of the Senate; 
     and
       (C) the Committee on Homeland Security and the Committee on 
     Foreign Affairs 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

[[Page S4622]]

     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,

[[Page S4623]]

     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 Foreign Relations of the Senate;
       (vi) the Committee on Oversight and Accountability of the 
     House of Representatives;
       (vii) the Committee on Energy and Commerce of the House of 
     Representatives;
       (viii) the Permanent Select Committee on Intelligence of 
     the House of Representatives;
       (ix) the Committee on the Judiciary of the House of 
     Representatives; and
       (x) the Committee on Foreign Affairs 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

[[Page S4624]]

     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 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, 
     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

[[Page S4625]]

     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.

     SEC. 515. ENHANCING PUBLIC-PRIVATE SHARING ON MANIPULATIVE 
                   ADVERSARY PRACTICES IN CRITICAL MINERAL 
                   PROJECTS.

       (a) Strategy Required.--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 agencies as the Director considers appropriate, 
     develop a strategy to improve the sharing between the Federal 
     Government and private entities of information and 
     intelligence to mitigate the threat that foreign adversary 
     illicit activities and tactics pose to United States persons 
     in foreign jurisdictions on projects relating to energy 
     generation and storage, including with respect to critical 
     minerals inputs.
       (b) Elements.--The strategy required by subsection (a) 
     shall cover--
       (1) how best to assemble and transmit information to United 
     States persons--
       (A) to protect against foreign adversary illicit tactics 
     and activities relating to critical mineral projects abroad, 
     including foreign adversary efforts to undermine such United 
     States projects abroad;
       (B) to mitigate the risk that foreign adversary government 
     involvement in the ownership and control of entities engaging 
     in deceptive or illicit activities pose to the interests of 
     the United States; and
       (C) to inform on economic espionage and other threats from 
     foreign adversaries to the rights of owners of intellectual 
     property, including owners of patents, trademarks, 
     copyrights, and trade secrets, and other sensitive 
     information, with respect to such property; and
       (2) how best to receive information from United States 
     persons on threats to United States interests in the critical 
     mineral space, including disinformation campaigns abroad or 
     other suspicious malicious activity.
       (c) Implementation Plan Required.--Not later than 30 days 
     after the date on which the Director completes developing the 
     strategy pursuant to subsection (a), the Director shall 
     submit to the congressional intelligence committees (as 
     defined in section 3 of the National Security Act of 1947 (50 
     U.S.C. 3003)), or provide such committees a briefing on, a 
     plan for implementing the strategy.

                    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,

[[Page S4626]]

     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

[[Page S4627]]

     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

[[Page S4628]]

     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

[[Page S4629]]

       ``(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

[[Page S4630]]

       (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--

[[Page S4631]]

       ``(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

[[Page S4632]]

     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, the Committee on Foreign Relations, and the 
     Committee on Appropriations of the Senate; and
       (B) the Permanent Select Committee on Intelligence, the 
     Committee on Armed Services, the Committee on Foreign 
     Affairs, 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.

[[Page S4633]]

  


     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.--

[[Page S4634]]

       ``(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

[[Page S4635]]

     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:

[[Page S4636]]

 ``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.''.
                                 ______