2444 
‘‘(f) AUTHORITY TO AWARD FINANCIAL ASSISTANCE 
FOR CONSTRUCTION OF TEST BEDS AND SPECIALIZED FA-
CILITIES.— 
‘‘(1) IN GENERAL.—The Secretary may, acting 
through the Director, award financial assistance for 
the construction of test beds and specialized facilities 
by Manufacturing USA institutes established or sup-
ported under subsection (e) as the Secretary considers 
appropriate to carry out the purposes of the Program. 
‘‘(2) REQUIREMENTS.—The Secretary shall exer-
cise authority under paragraph (1) in a manner and 
with requirements consistent with paragraphs (3) 
through (8) of subsection (e). 
‘‘(3) PRIORITY.—The Secretary shall establish 
preferences in selection criteria for proposals for fi-
nancial assistance under this subsection from Manu-
facturing USA institutes that integrate as active 
members one or more covered entities as described in 
section 10262 of the Research and Development, Com-
petition, and Innovation Act (Public Law 117– 
167).’’. 
SEC. 5912. REPORTS ON ARCTIC RESEARCH, BUDGET, AND 
SPENDING. 
(a) CROSSCUT REPORT ON ARCTIC RESEARCH PRO-
GRAMS.— 
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(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Director of 
the Office of Science and Technology Policy, in co-
ordination with the Director of the Office of Manage-
ment and Budget, shall submit a detailed report to 
Congress regarding all existing Federal programs re-
lating to Arctic research and research-related activi-
ties, including observation, modeling, monitoring, and 
prediction, and research infrastructure. The report 
shall include— 
(A) the goals of each such program; 
(B) the funding levels for each such pro-
gram for each of the 5 immediately preceding 
fiscal years; 
(C) the anticipated funding levels for each 
such program for each of the 5 following fiscal 
years; and 
(D) the total funding appropriated for the 
current fiscal year for such programs. 
(2) DISTRIBUTION.—Not later than 30 days after 
submitting the report to Congress pursuant to sub-
section (a), the Director of the Office of Science and 
Technology Policy shall make a report available on a 
public website. 
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(b) ANNUAL AGENCY BUDGET AND SPENDING RE-
PORT.— 
(1) ANNUAL
AGENCY
BUDGETS.—Each agency 
represented on the Interagency Arctic Research Policy 
Committee shall each include in their agency’s annual 
budget request to Congress a description of their agen-
cy’s projected Arctic research activities and associated 
budget for the fiscal year covered by the budget re-
quest. 
(2) REPORT TO CONGRESS.—Beginning with fis-
cal year 2025 and annually thereafter until fiscal 
year 2034, not later than 60 days after the Presi-
dent’s budget request for such fiscal year is submitted 
to Congress, the Office of Science and Technology Pol-
icy shall submit an annual report to Congress sum-
marizing each agency’s budget request related to Arc-
tic research activities per the information submitted 
in accordance with paragraph (1). 
SEC. 
5913. 
NATIONAL 
RESEARCH 
AND 
DEVELOPMENT 
STRATEGY FOR DISTRIBUTED LEDGER TECH-
NOLOGY. 
(a) DEFINITIONS.—In this section: 
(1) DIRECTOR.—Except as otherwise expressly 
provided, the term ‘‘Director’’ means the Director of 
the Office of Science and Technology Policy. 
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(2) DISTRIBUTED LEDGER.—The term ‘‘distrib-
uted ledger’’ means a ledger that— 
(A) is shared across a set of distributed 
nodes, which are devices or processes, that par-
ticipate in a network and store a complete or 
partial replica of the ledger; 
(B) is synchronized between the nodes; 
(C) has data appended to it by following 
the ledger’s specified consensus mechanism; 
(D) may be accessible to anyone (public) or 
restricted to a subset of participants (private); 
and 
(E) may require participants to have au-
thorization to perform certain actions (engaging) 
or require no authorization (permissionless). 
(3) DISTRIBUTED
LEDGER
TECHNOLOGY.—The 
term ‘‘distributed ledger technology’’ means technology 
that enables the operation and use of distributed ledg-
ers. 
(4) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the mean-
ing given the term in section 101 of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1001). 
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(5) RELEVANT CONGRESSIONAL COMMITTEES.— 
The 
term 
‘‘relevant 
congressional 
committees’’ 
means— 
(A) the Committee on Commerce, Science, 
and Transportation of the Senate; and 
(B) the Committee on Science, Space, and 
Technology of the House of Representatives. 
(6) SMART CONTRACT.—The term ‘‘smart con-
tract’’ means a computer program stored in a distrib-
uted ledger system that is executed when certain 
predefined conditions are satisfied and wherein the 
outcome of any execution of the program may be re-
corded on the distributed ledger. 
(b) NATIONAL DISTRIBUTED LEDGER TECHNOLOGY 
RESEARCH AND DEVELOPMENT STRATEGY.— 
(1) IN GENERAL.—The Director, or a designee of 
the Director, shall, in coordination with the National 
Science and Technology Council, and the heads of 
such other relevant Federal agencies and entities as 
the Director considers appropriate, which may in-
clude the National Academies, and in consultation 
with such nongovernmental entities as the Director 
considers appropriate, develop a national strategy for 
the research and development of distributed ledger 
technologies and their applications, including appli-
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cations of public and permissionless distributed ledg-
ers. In developing the national strategy, the Director 
shall consider the following: 
(A) Current efforts and coordination by 
Federal agencies to invest in the research and de-
velopment of distributed ledger technologies and 
their applications, including through programs 
like the Small Business Innovation Research 
program, the Small Business Technology Trans-
fer program, and the National Science Founda-
tion’s Innovation Corps programs. 
(B)(i) The potential benefits and risks of 
applications of distributed ledger technologies 
across different industry sectors, including their 
potential to— 
(I) lower transactions costs and facili-
tate new types of commercial transactions; 
(II) protect privacy and increase indi-
viduals’ data sovereignty; 
(III) reduce friction to the interoper-
ability of digital systems; 
(IV) 
increase 
the 
accessibility, 
auditability, security, efficiency, and trans-
parency of digital services; 
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security, and privacy of applications using dis-
tributed ledger technologies. 
(E) The need for increased coordination of 
the public and private sectors on the development 
of voluntary standards in order to promote re-
search and development, including standards re-
garding security, smart contracts, cryptographic 
protocols, virtual routing and forwarding, inter-
operability, zero-knowledge proofs, and privacy, 
for distributed ledger technologies and their ap-
plications. 
(F) Applications of distributed ledger tech-
nologies that could positively benefit society but 
that receive relatively little private sector invest-
ment. 
(G) The United States position in global 
leadership and competitiveness across research, 
development, and deployment of distributed ledg-
er technologies. 
(2) CONSULTATION.— 
(A) IN GENERAL.—In carrying out the Di-
rector’s duties under this subsection, the Director 
shall consult with the following: 
(i) Private industry. 
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(ii) Institutions of higher education, 
including minority-serving institutions. 
(iii) Nonprofit organizations, includ-
ing foundations dedicated to supporting dis-
tributed ledger technologies and their appli-
cations. 
(iv) State governments. 
(v) Such other persons as the Director 
considers appropriate. 
(B) REPRESENTATION.—The Director shall 
ensure consultations with the following: 
(i) Rural and urban stakeholders from 
across the Nation. 
(ii) Small, medium, and large busi-
nesses. 
(iii) 
Subject 
matter 
experts 
rep-
resenting multiple industrial sectors. 
(iv) A demographically diverse set of 
stakeholders. 
(3) COORDINATION.—In carrying out this sub-
section, the Director shall, for purposes of avoiding 
duplication of activities, consult, cooperate, and co-
ordinate with the programs and policies of other rel-
evant Federal agencies, including the interagency 
process outlined in section 3 of Executive Order 
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14067 (87 Fed. Reg. 14143; relating ensuring respon-
sible development of digital assets). 
(4) NATIONAL STRATEGY.—Not later than 1 year 
after the date of enactment of this Act, the Director 
shall submit to the relevant congressional committees 
and the President a national strategy that includes 
the following: 
(A) Priorities for the research and develop-
ment of distributed ledger technologies and their 
applications. 
(B) Plans to support public and private 
sector investment and partnerships in research 
and technology development for societally bene-
ficial applications of distributed ledger tech-
nologies. 
(C) Plans to mitigate the risks of distrib-
uted ledger technologies and their applications. 
(D) An identification of additional re-
sources, administrative action, or legislative ac-
tion recommended to assist with the implementa-
tion of such strategy. 
(5) RESEARCH AND DEVELOPMENT FUNDING.— 
The Director shall, as the Director considers nec-
essary, consult with the Director of the Office of Man-
agement and Budget and with the heads of such other 
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elements of the Executive Office of the President as 
the Director considers appropriate, to ensure that the 
recommendations and priorities with respect to re-
search and development funding, as expressed in the 
national strategy developed under this subsection, are 
incorporated in the development of annual budget re-
quests for Federal research agencies. 
(c) 
DISTRIBUTED
LEDGER
TECHNOLOGY
RE-
SEARCH.— 
(1) IN GENERAL.—Subject to the availability of 
appropriations, the Director of the National Science 
Foundation shall make awards, on a competitive 
basis, to institutions of higher education, including 
minority-serving institutions, or nonprofit organiza-
tions (or consortia of such institutions or organiza-
tions) to support research, including interdisciplinary 
research, on distributed ledger technologies, their ap-
plications, and other issues that impact or are caused 
by distributed ledger technologies, which may include 
research on— 
(A) the implications on trust, transparency, 
privacy, accessibility, accountability, and energy 
consumption of different consensus mechanisms 
and hardware choices, and approaches for ad-
dressing these implications; 
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(B) approaches for improving the security, 
privacy, resiliency, interoperability, perform-
ance, and scalability of distributed ledger tech-
nologies and their applications, which may in-
clude decentralized networks; 
(C) approaches for identifying and address-
ing vulnerabilities and improving the perform-
ance and expressive power of smart contracts; 
(D) the implications of quantum computing 
on applications of distributed ledger technologies, 
including long-term protection of sensitive infor-
mation (such as medical or digital property), 
and techniques to address them; 
(E) game theory, mechanism design, and ec-
onomics underpinning and facilitating the oper-
ations and governance of decentralized networks 
enabled by distributed ledger technologies; 
(F) the social behaviors of participants in 
decentralized networks enabled by distributed 
ledger technologies; 
(G) human-centric design approaches to 
make distributed ledger technologies and their 
applications more usable and accessible; 
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(H) use cases for distributed ledger tech-
nologies across various industry sectors and gov-
ernment, including applications pertaining to— 
(i) digital identity, including trusted 
identity and identity management; 
(ii) digital property rights; 
(iii) delivery of public services; 
(iv) supply chain transparency; 
(v) medical information management; 
(vi) inclusive financial services; 
(vii) community governance; 
(viii) charitable giving; 
(ix) public goods funding; 
(x) digital credentials; 
(xi) regulatory compliance; 
(xii) infrastructure resilience, includ-
ing against natural disasters; and 
(xiii) peer-to-peer transactions; and 
(I) the social, behavioral, and economic im-
plications associated with the growth of applica-
tions of distributed ledger technologies, including 
decentralization in business, financial, and eco-
nomic systems. 
(2) ACCELERATING
INNOVATION.—The Director 
of the National Science Foundation shall consider 
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continuing to support startups that are in need of 
funding, would develop in and contribute to the econ-
omy of the United States, leverage distributed ledger 
technologies, have the potential to positively benefit 
society, and have the potential for commercial viabil-
ity, through programs like the Small Business Inno-
vation Research program, the Small Business Tech-
nology Transfer program, and, as appropriate, other 
programs that promote broad and diverse participa-
tion. 
(3) CONSIDERATION OF NATIONAL DISTRIBUTED 
LEDGER TECHNOLOGY RESEARCH AND DEVELOPMENT 
STRATEGY.—In making awards under paragraph (1), 
the Director of the National Science Foundation shall 
take into account the national strategy, as described 
in subsection (b)(4). 
(4) FUNDAMENTAL RESEARCH.—The Director of 
the National Science Foundation shall consider con-
tinuing to make awards supporting fundamental re-
search in areas related to distributed ledger tech-
nologies and their applications, such as applied cryp-
tography and distributed systems. 
(d) DISTRIBUTED LEDGER TECHNOLOGY APPLIED RE-
SEARCH PROJECT.— 
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(1) APPLIED
RESEARCH
PROJECT.—Subject to 
the availability of appropriations, the Director of the 
National Institute of Standards and Technology, may 
carry out an applied research project to study and 
demonstrate the potential benefits and unique capa-
bilities of distributed ledger technologies. 
(2) ACTIVITIES.—In carrying out the applied re-
search project, the Director of the National Institute 
of Standards and Technology shall— 
(A) identify potential applications of dis-
tributed ledger technologies, including those that 
could benefit activities at the Department of 
Commerce or at other Federal agencies, consid-
ering applications that could— 
(i) improve the privacy and interoper-
ability of digital identity and access man-
agement solutions; 
(ii) increase the integrity and trans-
parency of supply chains through the secure 
and limited sharing of relevant supplier in-
formation; 
(iii) facilitate broader participation in 
distributed ledger technologies of popu-
lations historically underrepresented in 
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technology, business, and financial sectors; 
or 
(iv) be of benefit to the public or pri-
vate sectors, as determined by the Director 
in consultation with relevant stakeholders; 
(B) solicit and provide the opportunity for 
public comment relevant to potential projects; 
(C) consider, in the selection of a project, 
whether the project addresses a pressing need not 
already addressed by another organization or 
Federal agency; 
(D) establish plans to mitigate potential 
risks, including those outlined in subsection 
(b)(1)(B)(ii), if applicable, of potential projects; 
(E) produce an example solution leveraging 
distributed ledger technologies for 1 of the appli-
cations identified in subparagraph (A); 
(F) hold a competitive process to select pri-
vate sector partners, if they are engaged, to sup-
port the implementation of the example solution; 
(G) consider hosting the project at the Na-
tional Cybersecurity Center of Excellence; and 
(H) ensure that cybersecurity best practices 
consistent with the Cybersecurity Frame work of 
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2462 
the National Institute of Standards and Tech-
nology are demonstrated in the project. 
(3) BRIEFINGS TO CONGRESS.—Not later than 1 
year after the date of enactment of this Act, the Direc-
tor of the National Institute of Standards and Tech-
nology shall offer a briefing to the relevant congres-
sional committees on the progress and current find-
ings from the project under this subsection. 
(4) PUBLIC REPORT.—Not later than 12 months 
after the completion of the project under this sub-
section, the Director of the National Institute of 
Standards and Technology shall make public a report 
on the results and findings from the project. 
SEC. 5914. TECHNICAL CORRECTIONS. 
The Energy Policy Act of 2005 is amended— 
(1) 
in 
section 
952(a)(2)(A) 
(42 
U.S.C. 
16272(a)(2)(A)), by striking ‘‘shall evaluate the tech-
nical and economic feasibility of the establishment of’’ 
and inserting ‘‘shall evaluate the technical and eco-
nomic feasibility of establishing and, if feasible, is au-
thorized to establish’’; and 
(2) in section 954(a)(5) (42 U.S.C. 16274(a)(5)), 
by— 
(A) redesignating subparagraph (E) as sub-
paragraph (F); and 
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(B) by inserting after subparagraph (D) the 
following: 
‘‘(E) FUEL SERVICES.—The Research Reac-
tor Infrastructure subprogram within the Radio-
logical Facilities Management program of the 
Department, as authorized by paragraph (6), 
shall be expanded to provide fuel services to re-
search reactors established by this paragraph.’’. 
Subtitle C—FedRamp 
Authorization Act 
SEC. 5921. FEDRAMP AUTHORIZATION ACT. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘FedRAMP Authorization Act’’. 
(b) AMENDMENT.—Chapter 36 of title 44, United 
States Code, is amended by adding at the end the following: 
‘‘§ 3607. Definitions 
‘‘(a) IN GENERAL.—Except as provided under sub-
section (b), the definitions under sections 3502 and 3552 
apply to this section through section 3616. 
‘‘(b) ADDITIONAL
DEFINITIONS.—In this section 
through section 3616: 
‘‘(1) 
ADMINISTRATOR.—The 
term 
‘Adminis-
trator’ means the Administrator of General Services. 
‘‘(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘appropriate congressional commit-
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tees’ means the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Com-
mittee on Oversight and Reform of the House of Rep-
resentatives. 
‘‘(3) AUTHORIZATION TO OPERATE; FEDERAL IN-
FORMATION.—The terms ‘authorization to operate’ 
and ‘Federal information’ have the meaning given 
those term in Circular A–130 of the Office of Manage-
ment and Budget entitled ‘Managing Information as 
a Strategic Resource’, or any successor document. 
‘‘(4) CLOUD COMPUTING.—The term ‘cloud com-
puting’ has the meaning given the term in Special 
Publication 800–145 of the National Institute of 
Standards and Technology, or any successor docu-
ment. 
‘‘(5) CLOUD
SERVICE
PROVIDER.—The term 
‘cloud service provider’ means an entity offering cloud 
computing products or services to agencies. 
‘‘(6) FEDRAMP.—The term ‘FedRAMP’ means 
the Federal Risk and Authorization Management Pro-
gram established under section 3608. 
‘‘(7) FEDRAMP 
AUTHORIZATION.—The term 
‘FedRAMP authorization’ means a certification that 
a cloud computing product or service has— 
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‘‘(7) coordinate with the FedRAMP Board, the 
Director of the Cybersecurity and Infrastructure Se-
curity Agency, and other entities identified by the Ad-
ministrator, with the concurrence of the Director and 
the Secretary, to establish and regularly update a 
framework for continuous monitoring under section 
3553; 
‘‘(8) provide a secure mechanism for storing and 
sharing necessary data, including FedRAMP author-
ization packages, to enable better reuse of such pack-
ages across agencies, including making available any 
information and data necessary for agencies to fulfill 
the requirements of section 3613; 
‘‘(9) provide regular updates to applicant cloud 
service providers on the status of any cloud com-
puting product or service during an assessment proc-
ess; 
‘‘(10) regularly review, in consultation with the 
FedRAMP Board— 
‘‘(A) the costs associated with the inde-
pendent assessment services described in section 
3611; and 
‘‘(B) the information relating to foreign in-
terests submitted pursuant to section 3612; 
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‘‘(11) in coordination with the Director, the Sec-
retary, and other stakeholders, as appropriate, deter-
mine the sufficiency of underlying requirements to 
identify and assess the provenance of the software in 
cloud services and products; 
‘‘(12) support the Federal Secure Cloud Advisory 
Committee established pursuant to section 3616; and 
‘‘(13) take such other actions as the Adminis-
trator may determine necessary to carry out 
FedRAMP. 
‘‘(b) WEBSITE.— 
‘‘(1) IN
GENERAL.—The Administrator shall 
maintain a public website to serve as the authori-
tative repository for FedRAMP, including the timely 
publication and updates for all relevant information, 
guidance, determinations, and other materials re-
quired under subsection (a). 
‘‘(2) CRITERIA AND PROCESS FOR FEDRAMP AU-
THORIZATION PRIORITIES.—The Administrator shall 
develop and make publicly available on the website 
described in paragraph (1) the criteria and process 
for prioritizing and selecting cloud computing prod-
ucts and services that will receive a FedRAMP au-
thorization, in consultation with the FedRAMP 
Board and the Chief Information Officers Council. 
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‘‘(c) EVALUATION OF AUTOMATION PROCEDURES.— 
‘‘(1) IN GENERAL.—The Administrator, in co-
ordination with the Secretary, shall assess and evalu-
ate available automation capabilities and procedures 
to improve the efficiency and effectiveness of the 
issuance of FedRAMP authorizations, including con-
tinuous monitoring of cloud computing products and 
services. 
‘‘(2) MEANS FOR AUTOMATION.—Not later than 
1 year after the date of enactment of this section, and 
updated regularly thereafter, the Administrator shall 
establish a means for the automation of security as-
sessments and reviews. 
‘‘(d) METRICS FOR AUTHORIZATION.—The Adminis-
trator shall establish annual metrics regarding the time and 
quality of the assessments necessary for completion of a 
FedRAMP authorization process in a manner that can be 
consistently tracked over time in conjunction with the peri-
odic testing and evaluation process pursuant to section 
3554 in a manner that minimizes the agency reporting bur-
den. 
‘‘§ 3610. FedRAMP Board 
‘‘(a) 
ESTABLISHMENT.—There 
is 
established 
a 
FedRAMP Board to provide input and recommendations 
to the Administrator regarding the requirements and guide-
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lines for, and the prioritization of, security assessments of 
cloud computing products and services. 
‘‘(b) MEMBERSHIP.—The FedRAMP Board shall con-
sist of not more than 7 senior officials or experts from agen-
cies appointed by the Director, in consultation with the Ad-
ministrator, from each of the following: 
‘‘(1) The Department of Defense. 
‘‘(2) The Department of Homeland Security. 
‘‘(3) The General Services Administration. 
‘‘(4) Such other agencies as determined by the 
Director, in consultation with the Administrator. 
‘‘(c) QUALIFICATIONS.—Members of the FedRAMP 
Board appointed under subsection (b) shall have technical 
expertise in domains relevant to FedRAMP, such as— 
‘‘(1) cloud computing; 
‘‘(2) cybersecurity; 
‘‘(3) privacy; 
‘‘(4) risk management; and 
‘‘(5) other competencies identified by the Director 
to support the secure authorization of cloud services 
and products. 
‘‘(d) DUTIES.—The FedRAMP Board shall— 
‘‘(1) in consultation with the Administrator, 
serve as a resource for best practices to accelerate the 
process for obtaining a FedRAMP authorization; 
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‘‘(2) establish and regularly update requirements 
and guidelines for security authorizations of cloud 
computing products and services, consistent with 
standards and guidelines established by the Director 
of the National Institute of Standards and Tech-
nology, to be used in the determination of FedRAMP 
authorizations; 
‘‘(3) monitor and oversee, to the greatest extent 
practicable, the processes and procedures by which 
agencies determine and validate requirements for a 
FedRAMP authorization, including periodic review of 
the agency determinations described in section 
3613(b); 
‘‘(4) ensure consistency and transparency be-
tween agencies and cloud service providers in a man-
ner that minimizes confusion and engenders trust; 
and 
‘‘(5) perform such other roles and responsibilities 
as the Director may assign, with concurrence from the 
Administrator. 
‘‘(e) DETERMINATIONS OF DEMAND FOR CLOUD COM-
PUTING PRODUCTS AND SERVICES.—The FedRAMP Board 
may consult with the Chief Information Officers Council 
to establish a process, which may be made available on the 
website maintained under section 3609(b), for prioritizing 
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and accepting the cloud computing products and services 
to be granted a FedRAMP authorization. 
‘‘§ 3611. Independent assessment 
‘‘The 
Administrator 
may 
determine 
whether 
FedRAMP may use an independent assessment service to 
analyze, validate, and attest to the quality and compliance 
of security assessment materials provided by cloud service 
providers during the course of a determination of whether 
to use a cloud computing product or service. 
‘‘§ 3612. Declaration of foreign interests 
‘‘(a) IN GENERAL.—An independent assessment service 
that performs services described in section 3611 shall annu-
ally submit to the Administrator information relating to 
any foreign interest, foreign influence, or foreign control of 
the independent assessment service. 
‘‘(b) UPDATES.—Not later than 48 hours after there 
is a change in foreign ownership or control of an inde-
pendent assessment service that performs services described 
in section 3611, the independent assessment service shall 
submit to the Administrator an update to the information 
submitted under subsection (a). 
‘‘(c) CERTIFICATION.—The Administrator may require 
a representative of an independent assessment service to cer-
tify the accuracy and completeness of any information sub-
mitted under this section. 
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‘‘§ 3613. Roles and responsibilities of agencies 
‘‘(a) IN GENERAL.—In implementing the requirements 
of FedRAMP, the head of each agency shall, consistent with 
guidance issued by the Director pursuant to section 3614— 
‘‘(1) promote the use of cloud computing prod-
ucts and services that meet FedRAMP security re-
quirements and other risk-based performance require-
ments as determined by the Director, in consultation 
with the Secretary; 
‘‘(2) confirm whether there is a FedRAMP au-
thorization in the secure mechanism provided under 
section 3609(a)(8) before beginning the process of 
granting a FedRAMP authorization for a cloud com-
puting product or service; 
‘‘(3) to the extent practicable, for any cloud com-
puting product or service the agency seeks to author-
ize that has received a FedRAMP authorization, use 
the existing assessments of security controls and mate-
rials within any FedRAMP authorization package for 
that cloud computing product or service; and 
‘‘(4) provide to the Director data and informa-
tion required by the Director pursuant to section 
3614 to determine how agencies are meeting metrics 
established by the Administrator. 
‘‘(b) ATTESTATION.—Upon completing an assessment 
or authorization activity with respect to a particular cloud 
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computing product or service, if an agency determines that 
the information and data the agency has reviewed under 
paragraph (2) or (3) of subsection (a) is wholly or substan-
tially deficient for the purposes of performing an authoriza-
tion of the cloud computing product or service, the head 
of the agency shall document as part of the resulting 
FedRAMP authorization package the reasons for this deter-
mination. 
‘‘(c) SUBMISSION OF AUTHORIZATIONS TO OPERATE 
REQUIRED.—Upon issuance of an agency authorization to 
operate based on a FedRAMP authorization, the head of 
the agency shall provide a copy of its authorization to oper-
ate letter and any supplementary information required 
pursuant to section 3609(a) to the Administrator. 
‘‘(d) SUBMISSION OF POLICIES REQUIRED.—Not later 
than 180 days after the date on which the Director issues 
guidance in accordance with section 3614(1), the head of 
each agency, acting through the chief information officer of 
the agency, shall submit to the Director all agency policies 
relating to the authorization of cloud computing products 
and services. 
‘‘(e) PRESUMPTION OF ADEQUACY.— 
‘‘(1) IN GENERAL.—The assessment of security 
controls and materials within the authorization pack-
age for a FedRAMP authorization shall be presumed 
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adequate for use in an agency authorization to oper-
ate cloud computing products and services. 
‘‘(2) INFORMATION SECURITY REQUIREMENTS.— 
The presumption under paragraph (1) does not mod-
ify or alter— 
‘‘(A) the responsibility of any agency to en-
sure compliance with subchapter II of chapter 35 
for any cloud computing product or service used 
by the agency; or 
‘‘(B) the authority of the head of any agen-
cy to make a determination that there is a de-
monstrable need for additional security require-
ments beyond the security requirements included 
in a FedRAMP authorization for a particular 
control implementation. 
‘‘§ 3614. Roles and responsibilities of the Office of 
Management and Budget 
‘‘The Director shall— 
‘‘(1) in consultation with the Administrator and 
the Secretary, issue guidance that— 
‘‘(A) specifies the categories or characteris-
tics of cloud computing products and services 
that are within the scope of FedRAMP; 
‘‘(B) includes requirements for agencies to 
obtain a FedRAMP authorization when oper-
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ating a cloud computing product or service de-
scribed in subparagraph (A) as a Federal infor-
mation system; and 
‘‘(C) encompasses, to the greatest extent 
practicable, all necessary and appropriate cloud 
computing products and services; 
‘‘(2) issue guidance describing additional respon-
sibilities of FedRAMP and the FedRAMP Board to 
accelerate the adoption of secure cloud computing 
products and services by the Federal Government; 
‘‘(3) in consultation with the Administrator, es-
tablish a process to periodically review FedRAMP au-
thorization packages to support the secure authoriza-
tion and reuse of secure cloud products and services; 
‘‘(4) oversee the effectiveness of FedRAMP and 
the FedRAMP Board, including the compliance by the 
FedRAMP Board with the duties described in section 
3610(d); and 
‘‘(5) to the greatest extent practicable, encourage 
and promote consistency of the assessment, authoriza-
tion, adoption, and use of secure cloud computing 
products and services within and across agencies. 
‘‘§ 3615. Reports to Congress; GAO report 
‘‘(a) REPORTS TO CONGRESS.—Not later than 1 year 
after the date of enactment of this section, and annually 
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thereafter, the Director shall submit to the appropriate con-
gressional committees a report that includes the following: 
‘‘(1) During the preceding year, the status, effi-
ciency, and effectiveness of the General Services Ad-
ministration under section 3609 and agencies under 
section 3613 and in supporting the speed, effective-
ness, sharing, reuse, and security of authorizations to 
operate for secure cloud computing products and serv-
ices. 
‘‘(2) Progress towards meeting the metrics re-
quired under section 3609(d). 
‘‘(3) Data on FedRAMP authorizations. 
‘‘(4) The average length of time to issue 
FedRAMP authorizations. 
‘‘(5) The number of FedRAMP authorizations 
submitted, issued, and denied for the preceding year. 
‘‘(6) A review of progress made during the pre-
ceding year in advancing automation techniques to 
securely automate FedRAMP processes and to accel-
erate reporting under this section. 
‘‘(7) The number and characteristics of author-
ized cloud computing products and services in use at 
each agency consistent with guidance provided by the 
Director under section 3614. 
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‘‘(8) A review of FedRAMP measures to ensure 
the security of data stored or processed by cloud serv-
ice providers, which may include— 
‘‘(A) geolocation restrictions for provided 
products or services; 
‘‘(B) disclosures of foreign elements of sup-
ply chains of acquired products or services; 
‘‘(C) continued disclosures of ownership of 
cloud service providers by foreign entities; and 
‘‘(D) encryption for data processed, stored, 
or transmitted by cloud service providers. 
‘‘(b) GAO REPORT.—Not later than 180 days after the 
date of enactment of this section, the Comptroller General 
of the United States shall report to the appropriate congres-
sional committees an assessment of the following: 
‘‘(1) The costs incurred by agencies and cloud 
service providers relating to the issuance of FedRAMP 
authorizations. 
‘‘(2) The extent to which agencies have processes 
in place to continuously monitor the implementation 
of cloud computing products and services operating as 
Federal information systems. 
‘‘(3) How often and for which categories of prod-
ucts and services agencies use FedRAMP authoriza-
tions. 
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‘‘(4) The unique costs and potential burdens in-
curred by cloud computing companies that are small 
business concerns (as defined in section 3(a) of the 
Small Business Act (15 U.S.C. 632(a)) as a part of 
the FedRAMP authorization process. 
‘‘§ 3616. Federal Secure Cloud Advisory Committee 
‘‘(a) ESTABLISHMENT, PURPOSES, AND DUTIES.— 
‘‘(1) ESTABLISHMENT.—There is established a 
Federal Secure Cloud Advisory Committee (referred to 
in this section as the ‘Committee’) to ensure effective 
and ongoing coordination of agency adoption, use, 
authorization, monitoring, acquisition, and security 
of cloud computing products and services to enable 
agency mission and administrative priorities. 
‘‘(2) PURPOSES.—The purposes of the Committee 
are the following: 
‘‘(A) 
To 
examine 
the 
operations 
of 
FedRAMP and determine ways that authoriza-
tion processes can continuously be improved, in-
cluding the following: 
‘‘(i) Measures to increase agency reuse 
of FedRAMP authorizations. 
‘‘(ii) Proposed actions that can be 
adopted to reduce the burden, confusion, 
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and cost associated with FedRAMP author-
izations for cloud service providers. 
‘‘(iii) Measures to increase the number 
of FedRAMP authorizations for cloud com-
puting products and services offered by 
small businesses concerns (as defined by sec-
tion 3(a) of the Small Business Act (15 
U.S.C. 632(a)). 
‘‘(iv) Proposed actions that can be 
adopted to reduce the burden and cost of 
FedRAMP authorizations for agencies. 
‘‘(B) Collect information and feedback on 
agency compliance with and implementation of 
FedRAMP requirements. 
‘‘(C) Serve as a forum that facilitates com-
munication 
and 
collaboration 
among 
the 
FedRAMP stakeholder community. 
‘‘(3) DUTIES.—The duties of the Committee in-
clude providing advice and recommendations to the 
Administrator, the FedRAMP Board, and agencies on 
technical, financial, programmatic, and operational 
matters regarding secure adoption of cloud computing 
products and services. 
‘‘(b) MEMBERS.— 
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‘‘(1) COMPOSITION.—The Committee shall be 
comprised of not more than 15 members who are 
qualified representatives from the public and private 
sectors, appointed by the Administrator, in consulta-
tion with the Director, as follows: 
‘‘(A) The Administrator or the Administra-
tor’s designee, who shall be the Chair of the Com-
mittee. 
‘‘(B) At least 1 representative each from the 
Cybersecurity and Infrastructure Security Agen-
cy and the National Institute of Standards and 
Technology. 
‘‘(C) At least 2 officials who serve as the 
Chief Information Security Officer within an 
agency, who shall be required to maintain such 
a position throughout the duration of their serv-
ice on the Committee. 
‘‘(D) At least 1 official serving as Chief 
Procurement Officer (or equivalent) in an agen-
cy, who shall be required to maintain such a po-
sition throughout the duration of their service on 
the Committee. 
‘‘(E) At least 1 individual representing an 
independent assessment service. 
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‘‘(F) At least 5 representatives from unique 
businesses that primarily provide cloud com-
puting services or products, including at least 2 
representatives from a small business concern (as 
defined by section 3(a) of the Small Business Act 
(15 U.S.C. 632(a))). 
‘‘(G) At least 2 other representatives of the 
Federal Government as the Administrator deter-
mines necessary to provide sufficient balance, in-
sights, or expertise to the Committee. 
‘‘(2) DEADLINE FOR APPOINTMENT.—Each mem-
ber of the Committee shall be appointed not later than 
90 days after the date of enactment of this section. 
‘‘(3) PERIOD OF APPOINTMENT; VACANCIES.— 
‘‘(A) 
IN
GENERAL.—Each 
non-Federal 
member of the Committee shall be appointed for 
a term of 3 years, except that the initial terms 
for members may be staggered 1-, 2-, or 3-year 
terms to establish a rotation in which one-third 
of the members are selected each year. Any such 
member may be appointed for not more than 2 
consecutive terms. 
‘‘(B) VACANCIES.—Any vacancy in the 
Committee shall not affect its powers, but shall 
be filled in the same manner in which the origi-
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nal appointment was made. Any member ap-
pointed to fill a vacancy occurring before the ex-
piration of the term for which the member’s 
predecessor was appointed shall be appointed 
only for the remainder of that term. A member 
may serve after the expiration of that member’s 
term until a successor has taken office. 
‘‘(c) MEETINGS AND RULES OF PROCEDURES.— 
‘‘(1) MEETINGS.—The Committee shall hold not 
fewer than 3 meetings in a calendar year, at such 
time and place as determined by the Chair. 
‘‘(2) INITIAL MEETING.—Not later than 120 days 
after the date of enactment of this section, the Com-
mittee shall meet and begin the operations of the 
Committee. 
‘‘(3) RULES
OF
PROCEDURE.—The Committee 
may establish rules for the conduct of the business of 
the Committee if such rules are not inconsistent with 
this section or other applicable law. 
‘‘(d) EMPLOYEE STATUS.— 
‘‘(1) IN GENERAL.—A member of the Committee 
(other than a member who is appointed to the Com-
mittee in connection with another Federal appoint-
ment) shall not be considered an employee of the Fed-
eral Government by reason of any service as such a 
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member, except for the purposes of section 5703 of 
title 5, relating to travel expenses. 
‘‘(2) PAY NOT PERMITTED.—A member of the 
Committee covered by paragraph (1) may not receive 
pay by reason of service on the Committee. 
‘‘(e) APPLICABILITY TO THE FEDERAL ADVISORY COM-
MITTEE ACT.—Section 14 of the Federal Advisory Com-
mittee Act (5 U.S.C. App.) shall not apply to the Com-
mittee. 
‘‘(f) DETAIL OF EMPLOYEES.—Any Federal Govern-
ment employee may be detailed to the Committee without 
reimbursement from the Committee, and such detailee shall 
retain the rights, status, and privileges of his or her regular 
employment without interruption. 
‘‘(g) POSTAL SERVICES.—The Committee may use the 
United States mails in the same manner and under the 
same conditions as agencies. 
‘‘(h) REPORTS.— 
‘‘(1) INTERIM REPORTS.—The Committee may 
submit to the Administrator and Congress interim re-
ports containing such findings, conclusions, and rec-
ommendations as have been agreed to by the Com-
mittee. 
‘‘(2) ANNUAL
REPORTS.—Not later than 540 
days after the date of enactment of this section, and 
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annually thereafter, the Committee shall submit to the 
Administrator and Congress a report containing such 
findings, conclusions, and recommendations as have 
been agreed to by the Committee.’’. 
(c) TECHNICAL AND CONFORMING AMENDMENT.—The 
table of sections for chapter 36 of title 44, United States 
Code, is amended by adding at the end the following new 
items: 
‘‘3607. Definitions. 
‘‘3608. Federal Risk and Authorization Management Program. 
‘‘3609. Roles and responsibilities of the General Services Administration. 
‘‘3610. FedRAMP Board. 
‘‘3611. Independent assessment. 
‘‘3612. Declaration of foreign interests. 
‘‘3613. Roles and responsibilities of agencies. 
‘‘3614. Roles and responsibilities of the Office of Management and Budget. 
‘‘3615. Reports to Congress; GAO report. 
‘‘3616. Federal Secure Cloud Advisory Committee.’’. 
(d) SUNSET.— 
(1) IN GENERAL.—Effective on the date that is 
5 years after the date of enactment of this Act, chap-
ter 36 of title 44, United States Code, is amended by 
striking sections 3607 through 3616. 
(2) CONFORMING AMENDMENT.—Effective on the 
date that is 5 years after the date of enactment of this 
Act, the table of sections for chapter 36 of title 44, 
United States Code, is amended by striking the items 
relating to sections 3607 through 3616. 
(e) RULE OF CONSTRUCTION.—Nothing in this section 
or any amendment made by this section shall be construed 
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as altering or impairing the authorities of the Director of 
the Office of Management and Budget or the Secretary of 
Homeland Security under subchapter II of chapter 35 of 
title 44, United States Code. 
Subtitle D—Judicial Security and 
Privacy 
SEC. 5931. SHORT TITLE. 
This subtitle may be cited as the ‘‘Daniel Anderl Judi-
cial Security and Privacy Act of 2022’’. 
SEC. 5932. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
(1) Members of the Federal judiciary perform the 
important function of interpreting the Constitution of 
the United States and administering justice in a fair 
and impartial manner. 
(2) In recent years, partially as a result of the 
rise in the use of social media and online access to 
information, members of the Federal judiciary have 
been exposed to an increased number of personal 
threats in connection to their role. The ease of access 
to free or inexpensive sources of covered information 
has considerably lowered the effort required for mali-
cious actors to discover where individuals live and 
where they spend leisure hours and to find informa-
tion about their family members. Such threats have 
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included calling a judge a traitor with references to 
mass shootings and serial killings, a murder attempt 
on a justice of the Supreme Court of the United 
States, calling for an ‘‘angry mob’’ to gather outside 
a home of a judge and, in reference to a judge on the 
court of appeals of the United States, stating how 
easy it would be to ‘‘get them’’. 
(3) Between 2015 and 2019, threats and other 
inappropriate communications against Federal judges 
and other judiciary personnel increased from 926 in 
2015 to approximately 4,449 in 2019. 
(4) Over the past decade, several members of the 
Federal judiciary have experienced acts of violence 
against themselves or a family member in connection 
to their Federal judiciary role, including the murder 
in 2005 of the family of Joan Lefkow, a judge for the 
United States District Court for the Northern District 
of Illinois. 
(5) On Sunday July 19, 2020, an assailant went 
to the home of Esther Salas, a judge for the United 
States District Court for the District of New Jersey, 
impersonating a package delivery driver, opening fire 
upon arrival, and killing Daniel Anderl, the 20-year- 
old only son of Judge Salas, and seriously wounding 
Mark Anderl, her husband. 
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(6) In the aftermath of the recent tragedy that 
occurred to Judge Salas and in response to the con-
tinuous rise of threats against members of the Federal 
judiciary, there is an immediate need for enhanced 
security procedures and increased availability of tools 
to protect Federal judges and their families. 
(b) PURPOSE.—The purpose of this subtitle is to im-
prove the safety and security of Federal judges, including 
senior, recalled, or retired Federal judges, and their imme-
diate family members to ensure Federal judges are able to 
administer justice fairly without fear of personal reprisal 
from individuals affected by the decisions they make in the 
course of carrying out their public duties. 
SEC. 5933. DEFINITIONS. 
In this subtitle: 
(1) AT-RISK INDIVIDUAL.—The term ‘‘at-risk in-
dividual’’ means— 
(A) a Federal judge; 
(B) a senior, recalled, or retired Federal 
judge; 
(C) any individual who is the spouse, par-
ent, sibling, or child of an individual described 
in subparagraph (A) or (B); 
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(D) any individual to whom an individual 
described in subparagraph (A) or (B) stands in 
loco parentis; or 
(E) any other individual living in the 
household of an individual described in subpara-
graph (A) or (B). 
(2) COVERED INFORMATION.—The term ‘‘covered 
information’’— 
(A) means— 
(i) a home address, including primary 
residence or secondary residences; 
(ii) a home or personal mobile tele-
phone number; 
(iii) a personal email address; 
(iv) a social security number or driv-
er’s license number; 
(v) a bank account or credit or debit 
card information; 
(vi) a license plate number or other 
unique identifiers of a vehicle owned, leased, 
or regularly used by an at-risk individual; 
(vii) the identification of children of 
an at-risk individual under the age of 18; 
(viii) the full date of birth; 
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2491 
(ix) information regarding current or 
future school or day care attendance, in-
cluding the name or address of the school or 
day care, schedules of attendance, or routes 
taken to or from the school or day care by 
an at-risk individual; or 
(x) information regarding the employ-
ment location of an at-risk individual, in-
cluding the name or address of the em-
ployer, employment schedules, or routes 
taken to or from the employer by an at-risk 
individual; and 
(B) does not include information regarding 
employment with a Government agency. 
(3) DATA BROKER.— 
(A) IN GENERAL.—The term ‘‘data broker’’ 
means an entity that collects and sells or licenses 
to third parties the personal information of an 
individual with whom the entity does not have 
a direct relationship.. 
(B) EXCLUSION.—The term ‘‘data broker’’ 
does not include a commercial entity engaged in 
the following activities: 
(i) Engaging in reporting, news-gath-
ering, speaking, or other activities intended 
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2492 
to inform the public on matters of public 
interest or public concern. 
(ii) Providing 411 directory assistance 
or directory information services, including 
name, address, and telephone number, on 
behalf of or as a function of a telecommuni-
cations carrier. 
(iii) Using personal information inter-
nally, providing access to businesses under 
common ownership or affiliated by cor-
porate control, or selling or providing data 
for a transaction or service requested by or 
concerning the individual whose personal 
information is being transferred. 
(iv) Providing publicly available infor-
mation via real-time or near-real-time alert 
services for health or safety purposes. 
(v) A consumer reporting agency sub-
ject to the Fair Credit Reporting Act (15 
U.S.C. 1681 et seq.). 
(vi) A financial institution subject to 
the Gramm-Leach-Bliley Act (Public Law 
106–102) and regulations implementing 
that title. 
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(vii) A covered entity for purposes of 
the privacy regulations promulgated under 
section 264(c) of the Health Insurance Port-
ability and Accountability Act of 1996 (42 
U.S.C. 1320d-2 note). 
(viii) The collection and sale or licens-
ing of covered information incidental to 
conducting 
the 
activities 
described 
in 
clauses (i) through (vii). 
(4) FEDERAL JUDGE.—The term ‘‘Federal judge’’ 
means— 
(A) a justice of the United States or a judge 
of the United States, as those terms are defined 
in section 451 of title 28, United States Code; 
(B) a bankruptcy judge appointed under 
section 152 of title 28, United States Code; 
(C) a United States magistrate judge ap-
pointed under section 631 of title 28, United 
States Code; 
(D) a judge confirmed by the United States 
Senate and empowered by statute in any com-
monwealth, territory, or possession to perform 
the duties of a Federal judge; 
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(E) a judge of the United States Court of 
Federal Claims appointed under section 171 of 
title 28, United States Code; 
(F) a judge of the United States Court of 
Appeals for Veterans Claims appointed under 
section 7253 of title 38, United States Code; 
(G) a judge of the United States Court of 
Appeals for the Armed Forces appointed under 
section 942 of title 10, United States Code; 
(H) a judge of the United States Tax Court 
appointed under section 7443 of the Internal 
Revenue Code of 1986; and 
(I) a special trial judge of the United States 
Tax Court appointed under section 7443A of the 
Internal Revenue Code of 1986. 
(5) GOVERNMENT AGENCY.—The term ‘‘Govern-
ment agency’’ includes— 
(A) an Executive agency, as defined in sec-
tion 105 of title 5, United States Code; and 
(B) any agency in the judicial branch or 
legislative branch. 
(6) IMMEDIATE
FAMILY
MEMBER.—The term 
‘‘immediate family member’’ means— 
(A) any individual who is the spouse, par-
ent, sibling, or child of an at-risk individual; 
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(B) any individual to whom an at-risk in-
dividual stands in loco parentis; or 
(C) any other individual living in the 
household of an at-risk individual. 
(7) INTERACTIVE
COMPUTER
SERVICE.—The 
term ‘‘interactive computer service’’ has the meaning 
given the term in section 230 of the Communications 
Act of 1934 (47 U.S.C. 230). 
(8) TRANSFER.—The term ‘‘transfer’’ means to 
sell, license, trade, or exchange for consideration the 
covered information of an at-risk individual or imme-
diate family member. 
SEC. 5934. PROTECTING COVERED INFORMATION IN PUB-
LIC RECORDS. 
(a) GOVERNMENT AGENCIES.— 
(1) IN
GENERAL.—Each at-risk individual 
may— 
(A) file written notice of the status of the 
individual as an at-risk individual, for them-
selves and immediate family members, with each 
Government agency that includes information 
necessary to ensure compliance with this section; 
and 
(B) request that each Government agency 
described in subparagraph (A) mark as private 
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their covered information and that of their im-
mediate family members. 
(2) NO PUBLIC POSTING.—Government agencies 
shall not publicly post or display publicly available 
content that includes covered information of an at- 
risk individual or immediate family member. Govern-
ment agencies, upon receipt of a written request 
under paragraph (1)(A), shall remove the covered in-
formation of the at-risk individual or immediate fam-
ily member from publicly available content not later 
than 72 hours after such receipt. 
(3) EXCEPTIONS.—Nothing in this section shall 
prohibit a Government agency from providing access 
to records containing the covered information of a 
Federal judge to a third party if the third party— 
(A) possesses a signed release from the Fed-
eral judge or a court order; 
(B) is subject to the requirements of title V 
of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 
et seq.); or 
(C) executes a confidentiality agreement 
with the Government agency. 
(b) DELEGATION OF AUTHORITY.— 
(1) IN GENERAL.—An at-risk individual may di-
rectly, or through an agent designated by the at-risk 
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individual, make any notice or request required or 
authorized by this section on behalf of the at-risk in-
dividual. The notice or request shall be in writing 
and contain information necessary to ensure compli-
ance with this section, including information ex-
pressly referencing the prohibition on the posting or 
transfer of covered information, information regard-
ing redress and penalties for violations provided in 
subsection (f), and contact information to allow the 
recipient to verify the accuracy of any notice or re-
quest and answer questions by the recipient of the no-
tice or request. 
(2) AUTHORIZATION OF GOVERNMENT AGENCIES 
TO MAKE REQUESTS.— 
(A) 
ADMINISTRATIVE
OFFICE
OF
THE 
UNITED STATES COURTS.—Upon written request 
of an at-risk individual described in subpara-
graphs (A) through (E) of section 5933(4), the 
Director of the Administrative Office of the 
United States Courts is authorized to make any 
notice or request required or authorized by this 
section on behalf of the at-risk individual. The 
notice or request shall include information nec-
essary to ensure compliance with this section, as 
determined by the Administrative Office of the 
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United States Courts. The Director may delegate 
this authority under section 602(d) of title 28, 
United States Code. Any notice or request made 
under this subsection shall be deemed to have 
been made by the at-risk individual and comply 
with the notice and request requirements of this 
section. 
(B) UNITED
STATES
COURT
OF
APPEALS 
FOR VETERANS CLAIMS.—Upon written request 
of an at-risk individual described in section 
5933(4)(F), the chief judge of the United States 
Court of Appeals for Veterans Claims is author-
ized to make any notice or request required or 
authorized by this section on behalf of the at-risk 
individual. Any notice or request made under 
this subsection shall be deemed to have been 
made by the at-risk individual and comply with 
the notice and request requirements of this sec-
tion. 
(C) UNITED
STATES
COURT
OF
APPEALS 
FOR THE ARMED FORCES.—Upon written request 
of an at-risk individual described in section 
5933(4)(G), the chief judge of the United States 
Court of Appeals for the Armed Forces is author-
ized to make any notice or request required or 
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authorized by this section on behalf of the at-risk 
individual. Any notice or request made under 
this subsection shall be deemed to have been 
made by the at-risk individual and comply with 
the notice and request requirements of this sec-
tion. 
(D) UNITED
STATES
TAX
COURT.—Upon 
written request of an at-risk individual described 
in subparagraph (H) or (I) of section 5933(4), 
the chief judge of the United States Tax Court is 
authorized to make any notice or request re-
quired or authorized by this section on behalf of 
the at-risk individual. Any notice or request 
made under this subsection shall be deemed to 
have been made by the at-risk individual and 
comply with the notice and request requirements 
of this section. 
(c) STATE AND LOCAL GOVERNMENTS.— 
(1) GRANT PROGRAM TO PREVENT DISCLOSURE 
OF PERSONAL INFORMATION OF AT-RISK INDIVIDUALS 
OR IMMEDIATE FAMILY MEMBERS.— 
(A) AUTHORIZATION.—The Attorney Gen-
eral may make grants to prevent the release of 
covered information of at-risk individuals and 
immediate family members (in this subsection 
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referred to as ‘‘judges’ covered information’’) to 
the detriment of such individuals or their imme-
diate family members to an entity that— 
(i) is— 
(I) a State or unit of local govern-
ment, as defined in section 901 of title 
I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (34 U.S.C. 
10251); or 
(II) an agency of a State or unit 
of local government; and 
(ii) operates a State or local database 
or registry that contains covered informa-
tion. 
(B) APPLICATION.—An entity seeking a 
grant under this subsection shall submit to the 
Attorney General an application at such time, in 
such manner, and containing such information 
as the Attorney General may reasonably require. 
(2) SCOPE OF GRANTS.—Grants made under this 
subsection may be used to create or expand programs 
designed to protect judges’ covered information, in-
cluding through— 
(A) the creation of programs to redact or re-
move judges’ covered information, upon the re-
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quest of an at-risk individual, from public 
records in State agencies, including hiring a 
third party to redact or remove judges’ covered 
information from public records; 
(B) the expansion of existing programs that 
the State may have enacted in an effort to pro-
tect judges’ covered information; 
(C) the development or improvement of pro-
tocols, procedures, and policies to prevent the re-
lease of judges’ covered information; 
(D) the defrayment of costs of modifying or 
improving existing databases and registries to 
ensure that judges’ covered information is cov-
ered from release; and 
(E) the development of confidential opt out 
systems that will enable at-risk individuals to 
make a single request to keep judges’ covered in-
formation out of multiple databases or registries. 
(3) REPORT.— 
(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this Act, and bien-
nially thereafter, the Comptroller General of the 
United States, shall submit to the Committee on 
the Judiciary of the Senate and the Committee 
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on the Judiciary of the House of Representatives 
an annual report that includes— 
(i) a detailed amount spent by States 
and local governments on protecting judges’ 
covered information; 
(ii) where the judges’ covered informa-
tion was found; and 
(iii) the collection of any new types of 
personal data found to be used to identify 
judges who have received threats, including 
prior home addresses, employers, and insti-
tutional affiliations such as nonprofit 
boards. 
(B) STATES AND LOCAL GOVERNMENTS.— 
States and local governments that receive funds 
under this subsection shall submit to the Comp-
troller General of the United States a report on 
data described in clauses (i) and (ii) of subpara-
graph (A) to be included in the report required 
under that subparagraph. 
(d) DATA BROKERS AND OTHER BUSINESSES.— 
(1) PROHIBITIONS.— 
(A) DATA BROKERS.—It shall be unlawful 
for a data broker to knowingly sell, license, trade 
for consideration, transfer, or purchase covered 
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information of an at-risk individual or imme-
diate family members. 
(B) OTHER PERSONS AND BUSINESSES.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), no person, business, or asso-
ciation shall publicly post or publicly dis-
play on the internet covered information of 
an at-risk individual or immediate family 
member if the at-risk individual has made 
a written request to that person, business, 
or association not to disclose or acquire the 
covered information of the at-risk indi-
vidual or immediate family member. 
(ii) EXCEPTIONS.—Clause (i) shall not 
apply to— 
(I) the display on the internet of 
the covered information of an at-risk 
individual or immediate family mem-
ber if the information is relevant to 
and displayed as part of a news story, 
commentary, editorial, or other speech 
on a matter of public concern; 
(II) covered information that the 
at-risk individual voluntarily pub-
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lishes on the internet after the date of 
enactment of this Act; or 
(III) covered information lawfully 
received from a Federal Government 
source (or from an employee or agent 
of the Federal Government). 
(2) REQUIRED CONDUCT.— 
(A) IN GENERAL.—After receiving a written 
request under paragraph (1)(B), the person, 
business, or association shall— 
(i) remove within 72 hours the covered 
information identified in the written re-
quest from the internet and ensure that the 
information is not made available on any 
website or subsidiary website controlled by 
that person, business, or association and 
identify any other instances of the identified 
information that should also be removed; 
and 
(ii) assist the sender to locate the cov-
ered information of the at-risk individual or 
immediate family member posted on any 
website or subsidiary website controlled by 
that person, business, or association. 
(B) TRANSFER.— 
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(i) IN GENERAL.—Except as provided 
in clause (ii), after receiving a written re-
quest under paragraph (1)(B), the person, 
business, or association shall not transfer 
the covered information of the at-risk indi-
vidual or immediate family member to any 
other 
person, 
business, 
or 
association 
through any medium. 
(ii) EXCEPTIONS.—Clause (i) shall not 
apply to— 
(I) the transfer of the covered in-
formation of the at-risk individual or 
immediate family member if the infor-
mation is relevant to and displayed as 
part of a news story, commentary, edi-
torial, or other speech on a matter of 
public concern; 
(II) covered information that the 
at-risk individual or immediate family 
member voluntarily publishes on the 
internet after the date of enactment of 
this Act; or 
(III) a transfer made at the re-
quest of the at-risk individual or that 
is necessary to effectuate a request to 
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the person, business, or association 
from the at-risk individual. 
(e) DATA SECURITY.— 
(1) RECIPIENTS.—Any interactive computer 
service shall implement and maintain reasonable se-
curity procedures and practices to protect any infor-
mation collected or received to comply with the re-
quirements of this subtitle from unauthorized use, dis-
closure, access, destruction, or modification. 
(2) GOVERNMENT
CUSTODIANS.—The Adminis-
trative Office of the United States Courts and the ad-
ministrators of the courts described in this subtitle 
shall implement and maintain reasonable security 
procedures and practices to protect any information 
they collect, receive, or transmit pursuant to the pro-
visions of this subtitle. 
(f) REDRESS AND PENALTIES.— 
(1) IN GENERAL.—If the covered information of 
an at-risk individual described in subparagraphs (A) 
through (E) of section 5933(4) or their immediate 
family is made public as a result of a violation of 
this subtitle, the Director of the Administrative Office 
of the United States Courts, or the designee of the Di-
rector, may file an action seeking injunctive or de-
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claratory relief in any court of competent jurisdic-
tion, through the Department of Justice. 
(2) AUTHORITY.—The respective chief judge for 
judges described in subparagraphs (B), (C), and (D) 
of section 5934(b)(2) shall have the same authority as 
the Director under this paragraph for at-risk individ-
uals in their courts or their immediate family mem-
bers. 
(3) PENALTIES
AND
DAMAGES.—If a person, 
business, or association knowingly violates an order 
granting injunctive or declarative relief under para-
graph (1), the court issuing such order may— 
(A) if the person, business, or association is 
a government agency— 
(i) impose a fine not greater than 
$4,000; and 
(ii) award to the at-risk individual or 
their immediate family, as applicable, court 
costs and reasonable attorney’s fees; and 
(B) if the person, business, or association is 
not a government agency, award to the at-risk 
individual or their immediate family, as appli-
cable— 
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(i) an amount equal to the actual dam-
ages sustained by the at-risk individual or 
their immediate family; and 
(ii) court costs and reasonable attor-
ney’s fees. 
SEC. 5935. TRAINING AND EDUCATION. 
Amounts appropriated to the Federal judiciary for fis-
cal year 2022, and each fiscal year thereafter, may be used 
for biannual judicial security training for active, senior, 
or recalled Federal judges described in subparagraph (A), 
(B), (C), (D), or (E) of section 5933(4) and their immediate 
family members, including— 
(1) best practices for using social media and 
other forms of online engagement and for maintain-
ing online privacy; 
(2) home security program and maintenance; 
(3) understanding removal programs and re-
quirements for covered information; and 
(4) any other judicial security training that the 
United States Marshals Services and the Administra-
tive Office of the United States Courts determines is 
relevant. 
SEC. 5936. VULNERABILITY MANAGEMENT CAPABILITY. 
(a) AUTHORIZATION.— 
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(1) VULNERABILITY MANAGEMENT CAPABILITY.— 
The Federal judiciary is authorized to perform all 
necessary functions consistent with the provisions of 
this subtitle and to support existing threat manage-
ment capabilities within the United States Marshals 
Service and other relevant Federal law enforcement 
and security agencies for active, senior, recalled, and 
retired Federal judges described in subparagraphs 
(A), (B), (C), (D), and (E) of section 5933(4), includ-
ing— 
(A) monitoring the protection of at-risk in-
dividuals and judiciary assets; 
(B) managing the monitoring of websites 
for covered information of at-risk individuals 
and immediate family members and remove or 
limit the publication of such information; 
(C) receiving, reviewing, and analyzing 
complaints by at-risk individuals of threats, 
whether direct or indirect, and report such 
threats to law enforcement partners; and 
(D) providing training described in section 
5935. 
(2) VULNERABILITY MANAGEMENT FOR CERTAIN 
ARTICLE I COURTS.—The functions and support au-
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thorized in paragraph (1) shall be authorized as fol-
lows: 
(A) The chief judge of the United States 
Court of Appeals for Veterans Claims is author-
ized to perform such functions and support for 
the 
Federal 
judges 
described 
in 
section 
5933(4)(F). 
(B) The United States Court of Appeals for 
the Armed Forces is authorized to perform such 
functions and support for the Federal judges de-
scribed in section 5933(4)(G). 
(C) The United States Tax Court is author-
ized to perform such functions and support for 
the Federal judges described in subparagraphs 
(H) and (I) of section 5933(4). 
(3) 
TECHNICAL
AND
CONFORMING
AMEND-
MENT.—Section 604(a) of title 28, United States Code 
is amended— 
(A) in paragraph (23), by striking ‘‘and’’ 
at the end; 
(B) in paragraph (24) by striking ‘‘him’’ 
and inserting ‘‘the Director’’; 
(C) by redesignating paragraph (24) as 
paragraph (25); and 
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(D) by inserting after paragraph (23) the 
following: 
‘‘(24) Establish and administer a vulnerability 
management program in the judicial branch; and’’. 
(b) EXPANSION OF CAPABILITIES OF OFFICE OF PRO-
TECTIVE INTELLIGENCE.— 
(1) IN GENERAL.—The United States Marshals 
Service is authorized to expand the current capabili-
ties of the Office of Protective Intelligence of the Judi-
cial Security Division to increase the workforce of the 
Office of Protective Intelligence to include additional 
intelligence analysts, United States deputy marshals, 
and any other relevant personnel to ensure that the 
Office of Protective Intelligence is ready and able to 
perform all necessary functions, consistent with the 
provisions of this subtitle, in order to anticipate and 
deter threats to the Federal judiciary, including— 
(A) assigning personnel to State and major 
urban area fusion and intelligence centers for the 
specific purpose of identifying potential threats 
against the Federal judiciary and coordinating 
responses to such potential threats; 
(B) expanding the use of investigative ana-
lysts, physical security specialists, and intel-
ligence analysts at the 94 judicial districts and 
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territories to enhance the management of local 
and distant threats and investigations; and 
(C) increasing the number of United States 
Marshal Service personnel for the protection of 
the Federal judicial function and assigned to 
protective operations and details for the Federal 
judiciary. 
(2) INFORMATION SHARING.—If any of the ac-
tivities of the United States Marshals Service uncover 
information related to threats to individuals other 
than Federal judges, the United States Marshals Serv-
ice shall, to the maximum extent practicable, share 
such information with the appropriate Federal, State, 
and local law enforcement agencies. 
(c) REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Department of 
Justice, in consultation with the Administrative Of-
fice of the United States Courts, the United States 
Court of Appeals for Veterans Claims, the United 
States Court of Appeals for the Armed Forces, and the 
United States Tax Court, shall submit to the Com-
mittee on the Judiciary of the Senate and the Com-
mittee on the Judiciary of the House of Representa-
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tives a report on the security of Federal judges aris-
ing from Federal prosecutions and civil litigation. 
(2) DESCRIPTION.—The report required under 
paragraph (1) shall describe— 
(A) the number and nature of threats and 
assaults against at-risk individuals handling 
prosecutions and other matters described in 
paragraph (1) and the reporting requirements 
and methods; 
(B) the security measures that are in place 
to protect at-risk individuals handling prosecu-
tions described in paragraph (1), including 
threat assessments, response procedures, the 
availability of security systems and other de-
vices, firearms licensing such as deputations, 
and other measures designed to protect the at- 
risk individuals and their immediate family 
members; and 
(C) for each requirement, measure, or policy 
described in subparagraphs (A) and (B), when 
the requirement, measure, or policy was devel-
oped and who was responsible for developing and 
implementing the requirement, measure, or pol-
icy. 
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(3) PUBLIC POSTING.—The report described in 
paragraph (1) shall, in whole or in part, be exempt 
from public disclosure if the Attorney General deter-
mines that such public disclosure could endanger an 
at-risk individual. 
SEC. 5937. RULES OF CONSTRUCTION. 
(a) IN GENERAL.—Nothing in this subtitle shall be 
construed— 
(1) to prohibit, restrain, or limit— 
(A) the lawful investigation or reporting by 
the press of any unlawful activity or misconduct 
alleged to have been committed by an at-risk in-
dividual or their immediate family member; or 
(B) the reporting on an at-risk individual 
or their immediate family member regarding 
matters of public concern; 
(2) to impair access to decisions and opinions 
from a Federal judge in the course of carrying out 
their public functions; 
(3) to limit the publication or transfer of covered 
information with the written consent of the at-risk in-
dividual or their immediate family member; or 
(4) to prohibit information sharing by a data 
broker to a Federal, State, Tribal, or local govern-
ment, or any unit thereof. 
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(b) PROTECTION OF COVERED INFORMATION.—This 
subtitle shall be broadly construed to favor the protection 
of the covered information of at-risk individuals and their 
immediate family members. 
SEC. 5938. SEVERABILITY. 
If any provision of this subtitle, an amendment made 
by this subtitle, or the application of such provision or 
amendment to any person or circumstance is held to be un-
constitutional, the remainder of this subtitle and the 
amendments made by this subtitle, and the application of 
the remaining provisions of this subtitle and amendments 
to any person or circumstance shall not be affected. 
SEC. 5939. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in subsection 
(b), this subtitle shall take effect on the date of enactment 
of this Act. 
(b) EXCEPTION.—Subsections (c)(1), (d), and (e) of 
section 5934 shall take effect on the date that is 120 days 
after the date of enactment of this Act. 
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Subtitle E—Other Matters 
SEC. 5941. SECRETARY OF AGRICULTURE REPORT ON IM-
PROVING SUPPLY CHAIN SHORTFALLS AND 
INFRASTRUCTURE 
NEEDS 
AT 
WHOLESALE 
PRODUCE MARKETS. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Secretary of Agri-
culture shall submit to the appropriate congressional com-
mittees a report on— 
(1) the 5 largest wholesale produce markets by 
annual sales and volume over the preceding 4 cal-
endar years; and 
(2) a representative sample of 8 wholesale 
produce markets that are not among the largest 
wholesale produce markets. 
(b) CONTENTS.—The report under subsection (a) shall 
contain the following: 
(1) An analysis of the supply chain shortfalls in 
each wholesale produce market identified under sub-
section (a), which shall include an analysis of the fol-
lowing: 
(A) State of repair of infrastructure, includ-
ing roads, food storage units, and refueling sta-
tions. 
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(B) Disaster preparedness, including with 
respect to cyber attacks, weather events, and ter-
rorist attacks. 
(C) Disaster recovery systems, including co-
ordination with State and Federal agencies. 
(2) A description of any actions the Secretary 
recommends be taken as a result of the analysis under 
paragraph (1). 
(3) Recommendations, as appropriate, for whole-
sale produce market owners and operators, and State 
and local entities to improve the supply chain short-
falls identified under paragraph (1). 
(4) Proposals, as appropriate, for legislative ac-
tions and funding needed to improve the supply chain 
shortfalls. 
(c) CONSULTATION.—In completing the report under 
subsection (a), the Secretary of Agriculture shall consult 
with the Secretary of Transportation, the Secretary of 
Homeland Security, wholesale produce market owners and 
operators, State and local entities, and other agencies or 
stakeholders, as determined appropriate by the Secretary. 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES.— 
For the purposes of this section, the term ‘‘appropriate con-
gressional committees’’ means the Committee on Agri-
culture, the Committee on Homeland Security, and the 
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Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, 
Science, and Technology, the Committee on Homeland Se-
curity and Governmental Affairs, and the Committee on 
Agriculture, Nutrition, and Forestry of the Senate. 
SEC. 5942. EXTENSION OF DEADLINE FOR TRANSFER OF 
PARCELS OF LAND IN NEW MEXICO. 
Section 3120 of the Ike Skelton National Defense Au-
thorization Act for Fiscal Year 2011 (42 U.S.C. 2391 note) 
is amended by striking ‘‘2022’’ each place that it appears 
and inserting ‘‘2032’’. 
SEC. 5943. ENDING GLOBAL WILDLIFE POACHING AND 
TRAFFICKING. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) the United States Government should con-
tinue to work with international partners, including 
nations, nongovernmental organizations, and the pri-
vate sector, to identify long-standing and emerging 
areas of concern in wildlife poaching and trafficking 
related to global supply and demand; and 
(2) the activities and required reporting of the 
Presidential Task Force on Wildlife Trafficking, as 
established by Executive Order 13648 (78 Fed. Reg. 
40621) and modified by sections 201 and 301 of the 
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Eliminate, Neutralize, and Disrupt Wildlife Traf-
ficking Act of 2016 (16 U.S.C. 7621 and 7631), 
should be reauthorized to minimize the disruption of 
the work of such Task Force. 
(b) DEFINITIONS.—Section 2 of the Eliminate, Neu-
tralize, and Disrupt Wildlife Trafficking Act of 2016 (16 
U.S.C. 7601) is amended— 
(1) in paragraph (3), by inserting ‘‘involving 
local communities’’ after ‘‘approach to conservation’’; 
(2) by amending paragraph (4) to read as fol-
lows: 
‘‘(4) COUNTRY OF CONCERN.—The term ‘country 
of concern’ means a foreign country specially des-
ignated by the Secretary of State pursuant to section 
201(b) as a major source of wildlife trafficking prod-
ucts or their derivatives, a major transit point of 
wildlife trafficking products or their derivatives, or a 
major consumer of wildlife trafficking products, in 
which— 
‘‘(A) the government has actively engaged 
in, or knowingly profited from, the trafficking of 
protected species; or 
‘‘(B) the government facilitates such traf-
ficking through conduct that may include a per-
sistent failure to make serious and sustained ef-
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forts to prevent and prosecute such trafficking.’’; 
and 
(3) in paragraph (11), by striking ‘‘section 201’’ 
and inserting ‘‘section 301’’. 
(c) FRAMEWORK FOR INTERAGENCY RESPONSE AND 
REPORTING.— 
(1) REAUTHORIZATION
OF
REPORT
ON
MAJOR 
WILDLIFE TRAFFICKING COUNTRIES.—Section 201 of 
the Eliminate, Neutralize, and Disrupt Wildlife Traf-
ficking Act of 2016 (16 U.S.C. 7621) is amended— 
(A) in subsection (a), by striking ‘‘annually 
thereafter’’ and inserting ‘‘biennially thereafter 
by June 1 of each year in which a report is re-
quired’’; 
(B) in subsection (b), by striking ‘‘shall 
identify’’ and all that follows through the end of 
the subsection and inserting ‘‘shall also list each 
country determined by the Secretary of State to 
be a country of concern within the meaning of 
this Act’’; and 
(C) by striking subsection (c) and inserting 
the following: 
‘‘(c) PROCEDURE FOR REMOVING COUNTRIES FROM 
LIST.—Concurrently with the first report required under 
this section and submitted after the date of the enactment 
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of this subsection, the Secretary of State, in consultation 
with the Secretary of the Interior and the Secretary of Com-
merce, shall publish in the Federal Register a procedure for 
removing from the list described in subsection (b) any coun-
try that no longer meets the definition of country of concern 
under section 2(4). 
‘‘(d) SUNSET.—This section shall cease to have force 
or effect on September 30, 2028.’’. 
(2) PRESIDENTIAL
TASK
FORCE
ON
WILDLIFE 
TRAFFICKING RESPONSIBILITIES.—Section 301(a) of 
the Eliminate, Neutralize, and Disrupt Wildlife Traf-
ficking Act of 2016 (16 U.S.C. 7631(a)) is amended— 
(A) in paragraph (4), by striking ‘‘and’’ at 
the end; 
(B) by redesignating paragraph (5) as 
paragraph (9); and 
(C) by inserting after paragraph (4) the fol-
lowing: 
‘‘(5) pursue programs and develop a strategy— 
‘‘(A) to expand the role of technology for 
anti-poaching and anti-trafficking efforts, in 
partnership with the private sector, foreign gov-
ernments, academia, and nongovernmental orga-
nizations (including technology companies and 
the transportation and logistics sectors); and 
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‘‘(B) to enable local governments to develop 
and use such technologies; 
‘‘(6) consider programs and initiatives that ad-
dress the expansion of the illegal wildlife trade to dig-
ital platforms, including the use of digital currency 
and payment platforms for transactions by collabo-
rating with the private sector, academia, and non-
governmental organizations, including social media, 
e-commerce, and search engine companies, as appro-
priate; 
‘‘(7)(A) implement interventions to address the 
drivers of poaching, trafficking, and demand for ille-
gal wildlife and wildlife products in focus countries 
and countries of concern; 
‘‘(B) set benchmarks for measuring the effective-
ness of such interventions; and 
‘‘(C) consider alignment and coordination with 
indicators developed by the Task Force; 
‘‘(8) consider additional opportunities to in-
crease coordination between law enforcement and fi-
nancial institutions to identify trafficking activity; 
and’’. 
(3) PRESIDENTIAL
TASK
FORCE
ON
WILDLIFE 
TRAFFICKING STRATEGIC REVIEW.—Section 301 of the 
Eliminate, Neutralize, and Disrupt Wildlife Traf-
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ficking Act of 2016 (16 U.S.C. 7631), as amended by 
paragraph (2), is further amended— 
(A) in subsection (d)— 
(i) in the matter preceding paragraph 
(1), by striking ‘‘annually’’ and inserting 
‘‘biennially’’; 
(ii) in paragraph (4), by striking 
‘‘and’’ at the end; 
(iii) in paragraph (5), by striking the 
period at the end and inserting ‘‘; and’’; 
and 
(iv) by adding at the end the following: 
‘‘(6) an analysis of the indicators developed by 
the Task Force, and recommended by the Government 
Accountability Office, to track and measure inputs, 
outputs, law enforcement outcomes, and the market 
for wildlife products for each focus country listed in 
the report, including baseline measures, as appro-
priate, for each indicator in each focus country to de-
termine the effectiveness and appropriateness of such 
indicators to assess progress and whether additional 
or separate indicators, or adjustments to indicators, 
may be necessary for focus countries.’’; and 
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(B) in subsection (e), by striking ‘‘5 years 
after’’ and all that follows and inserting ‘‘on 
September 30, 2028’’. 
SEC. 5944. COST-SHARING REQUIREMENTS APPLICABLE TO 
CERTAIN BUREAU OF RECLAMATION DAMS 
AND DIKES. 
Section 4309 of the America’s Water Infrastructure 
Act of 2018 (43 U.S.C. 377b note; Public Law 115–270) 
is amended— 
(1) in the section heading, by inserting ‘‘DAMS 
AND’’ before ‘‘DIKES’’; 
(2) in subsection (a), by striking ‘‘effective begin-
ning on the date of enactment of this section, the Fed-
eral share of the operations and maintenance costs of 
a dike described in subsection (b)’’ and inserting ‘‘ef-
fective during the one-year period beginning on the 
date of the enactment of the James M. Inhofe Na-
tional Defense Authorization Act for Fiscal Year 
2023, the Federal share of the dam safety modifica-
tions costs of a dam or dike described in subsection 
(b), including repairing or replacing a gate or ancil-
lary gate components,’’; and 
(3) in subsection (b)— 
(A) in the subsection heading, by inserting 
‘‘DAMS AND ’’ before ‘‘DIKES’’; 
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(B) in the matter preceding paragraph (1), 
by inserting ‘‘dam or’’ before ‘‘dike’’ each place 
it appears; and 
(C) in paragraph (2), by striking ‘‘Decem-
ber 31, 1945’’ and inserting ‘‘December 31, 
1948’’. 
SEC. 5945. TRANSFER OF NATIONAL OCEANIC AND ATMOS-
PHERIC ADMINISTRATION PROPERTY IN NOR-
FOLK, VIRGINIA. 
Section 1 of Public Law 110–393 is amended to read 
as follows: 
‘‘SECTION 1. TRANSFER OF NATIONAL OCEANIC AND AT-
MOSPHERIC ADMINISTRATION PROPERTY IN 
NORFOLK, VIRGINIA. 
‘‘(a) IN GENERAL.—The Secretary shall convey all 
right, title, and interest of the United States in and to the 
Norfolk Property to the City, to be used by the City for 
the purposes of flood management and control, such that— 
‘‘(1) 
the 
property 
described 
in 
subsection 
(k)(3)(A) shall be conveyed to the City not later than 
90 days after the date of the enactment of this section; 
and 
‘‘(2) 
the 
property 
described 
in 
subsection 
(k)(3)(B) shall be conveyed to the City not later than 
the earlier of— 
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2526 
‘‘(A) the date on which the Secretary has 
transferred all of the employees of the Adminis-
tration from the facilities at the Norfolk Prop-
erty; or 
‘‘(B) 8 years after the date of the enactment 
of this section. 
‘‘(b) CONSIDERATION.— 
‘‘(1) IN GENERAL.—As consideration for the con-
veyance of the Norfolk Property, the City shall pay to 
the United States an amount equal to not less than 
the fair market value of the Norfolk Property, as de-
termined by the Secretary, based on the appraisal de-
scribed in subsection (g), which may consist of cash 
payment, in-kind consideration as described in para-
graph (3), or a combination thereof. 
‘‘(2) SUFFICIENCY OF CONSIDERATION.— 
‘‘(A) IN GENERAL.—Consideration paid to 
the Secretary under paragraph (1) must be suffi-
cient, as determined by the Secretary, to provide 
replacement space for and relocation of any per-
sonnel, furniture, fixtures, equipment, and per-
sonal property of any kind belonging to the Ad-
ministration and located upon the Norfolk Prop-
erty. 
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‘‘(B) COMPLETION
PRIOR
TO
CONVEY-
ANCE.—Any cash consideration must be paid in 
full and any in-kind consideration must be com-
plete, useable, and delivered to the satisfaction of 
the Secretary at or prior to the time of the con-
veyance of the Norfolk Property. 
‘‘(3) IN-KIND CONSIDERATION.—In-kind consid-
eration paid by the City under paragraph (1) may 
include the acquisition, construction, provision, im-
provement, maintenance, repair, or restoration (in-
cluding environmental restoration), or combination 
thereof, of any facilities or infrastructure with prox-
imity to the Norfolk Property that the Secretary con-
siders acceptable. 
‘‘(4) TREATMENT OF CASH CONSIDERATION RE-
CEIVED.—Any cash consideration received by the 
United States under paragraph (1) shall be deposited 
in the special account in the Treasury under subpara-
graph (A) of section 572(b)(5) of title 40, United 
States Code, and shall be available in accordance 
with subparagraph (B)(ii) of such section. 
‘‘(c) COSTS OF CONVEYANCE.—All reasonable and nec-
essary costs, including real estate transaction and environ-
mental documentation costs, associated with the conveyance 
of the Norfolk Property to the City under this section may 
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2528 
be shared equitably by the Secretary and the City, as deter-
mined by the Secretary, including by the City providing 
in-kind contributions for any or all of such costs. 
‘‘(d) PROCEEDS.—Any proceeds from a conveyance of 
the Norfolk Property under this section shall— 
‘‘(1) be credited as discretionary offsetting collec-
tions to the currently applicable appropriations ac-
counts, or funds of the Administration; or 
‘‘(2) cover costs associated with the conveyance of 
the Norfolk Property and related relocation efforts, 
and shall be made available for such purposes only to 
the extent and in the amounts provided in advance 
in appropriations Acts. 
‘‘(e) SURVEY.—The exact acreage and legal description 
of the Norfolk Property shall be determined by a survey or 
surveys satisfactory to the Secretary. 
‘‘(f) CONDITION; QUITCLAIM
DEED.—The Norfolk 
Property shall be conveyed— 
‘‘(1) in an ‘as is, where is’ condition; and 
‘‘(2) via a quitclaim deed. 
‘‘(g) FAIR MARKET VALUE.— 
‘‘(1) IN GENERAL.—The fair market value of the 
Norfolk Property shall be— 
‘‘(A) determined by an appraisal that— 
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2529 
‘‘(i) is conducted by an independent 
appraiser selected by the Secretary; and 
‘‘(ii) meets the requirements of para-
graph (2); and 
‘‘(B) adjusted, at the discretion of the Sec-
retary, based on the factors described in para-
graph (3). 
‘‘(2) APPRAISAL REQUIREMENTS.—An appraisal 
conducted under paragraph (1)(A) shall be conducted 
in accordance with nationally recognized appraisal 
standards, including the Uniform Standards of Pro-
fessional Appraisal Practice. 
‘‘(3) FACTORS.—The factors described in this 
paragraph are— 
‘‘(A) matters of equity and fairness; 
‘‘(B) actions taken by the City regarding 
the Norfolk Property, including— 
‘‘(i) comprehensive waterfront plan-
ning, site development, and other redevelop-
ment activities supported by the City in 
proximity to the Norfolk Property in fur-
therance of the flood management and con-
trol efforts of the City; 
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2530 
‘‘(ii) in-kind contributions made to fa-
cilitate and support use of the Norfolk Prop-
erty by governmental agencies; and 
‘‘(iii) maintenance expenses, capital 
improvements, or emergency expenditures 
necessary to ensure public safety and access 
to and from the Norfolk Property; and 
‘‘(C) such other factors as the Secretary de-
termines appropriate. 
‘‘(h) COMPLIANCE WITH COMPREHENSIVE ENVIRON-
MENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT 
OF 1980.—In carrying out this section, the Secretary shall 
comply with section 120(h) of the Comprehensive Environ-
mental Response, Compensation, and Liability Act of 1980 
(42 U.S.C. 9620(h)). 
‘‘(i) ADDITIONAL TERMS AND CONDITIONS.—The Sec-
retary may require such additional terms and conditions 
in connection with the conveyance of the Norfolk Property 
as the Secretary determines appropriate to protect the in-
terests of the United States. 
‘‘(j) TERMINATION.—Notwithstanding any other provi-
sion of law, the Secretary, acting through the Under Sec-
retary and Administrator of the Administration, is author-
ized to enter into a land lease with Mobile County, Alabama 
for a period of not less than 40 years, on such terms and 
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2531 
conditions as the Administration deems appropriate, for 
purposes of construction of a Gulf of Mexico Disaster Re-
sponse Center facility, provided that the lease is at no cost 
to the government. The Administration may enter into 
agreements with State, local, or county governments for 
purposes of joint use, operations, and occupancy of such fa-
cility. 
‘‘(k) DEFINITIONS.—In this section: 
‘‘(1) ADMINISTRATION.—The term ‘Administra-
tion’ means the National Oceanic and Atmospheric 
Administration. 
‘‘(2) CITY.—The term ‘City’ means the City of 
Norfolk, Virginia. 
‘‘(3) NORFOLK
PROPERTY.—The term ‘Norfolk 
Property’ means— 
‘‘(A) the real property under the adminis-
trative jurisdiction of the Administration, in-
cluding land and improvements thereon, located 
at 538 Front Street, Norfolk, Virginia, consisting 
of approximately 3.78 acres; and 
‘‘(B) the real property under the adminis-
trative jurisdiction of the Administration, in-
cluding land and improvements thereon, located 
at 439 W. York Street, Norfolk, Virginia, con-
sisting of approximately 2.5231 acres. 
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‘‘(4) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Commerce.’’. 
SEC. 5946. OTHER MATTERS. 
(a) BRENNAN REEF.— 
(1) DESIGNATION.—The reef described in para-
graph (2) shall be known and designated as ‘‘Bren-
nan Reef’’ in honor of the late Rear Admiral Richard 
T. Brennan of the National Oceanic and Atmospheric 
Administration. 
(2) REEF DESCRIBED.—The reef referred to in 
paragraph (1) is— 
(A) between the San Miguel and Santa 
Rosa Islands on the north side of the San Miguel 
Passage in the Channel Island National Marine 
Sanctuary; and 
(B) centered at 34 degrees, 03.12 minutes 
North and 120 degrees, 15.95 minutes West. 
(3) REFERENCES.—Any reference in a law, map, 
regulation, document, paper, or other record of the 
United States to the reef described in paragraph (2) 
shall be deemed to be a reference to Brennan Reef. 
(b) PROHIBITION ON SALE OF SHARK FINS.— 
(1) PROHIBITION.—Except as provided in para-
graph (3), no person shall possess, acquire, receive, 
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2533 
transport, offer for sale, sell, or purchase a shark fin 
or a product containing a shark fin. 
(2) PENALTY.—A violation of paragraph (1) 
shall be treated as an act prohibited by section 307 
of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1857) and shall be pe-
nalized pursuant to section 308 of that Act (16 U.S.C. 
1858). 
(3) EXCEPTIONS.—A person may possess a shark 
fin that was taken lawfully pursuant to a Federal, 
State, or territorial license or permit to take or land 
sharks if the shark fin was separated after the first 
point of landing in a manner consistent with the li-
cense or permit and is— 
(A) destroyed or disposed of immediately 
upon separation from the carcass; 
(B) used for noncommercial subsistence pur-
poses in accordance with Federal, State, or terri-
torial law; or 
(C) used solely for display or research pur-
poses by a museum, college, or university pursu-
ant to a Federal, State, or territorial permit to 
conduct noncommercial scientific research. 
(4) DOGFISH EXEMPTION.— 
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2534 
(A) IN GENERAL.—It shall not be a viola-
tion of paragraph (1) for a person to possess, ac-
quire, receive, transport, offer for sale, sell, or 
purchase a shark fin of a smooth dogfish 
(Mustelus canis) or a spiny dogfish (Squalus 
acanthias). 
(B) REPORT.— 
(i) IN GENERAL.—Not later than Jan-
uary 1, 2027, the Secretary of Commerce 
shall review the exemption provided by sub-
paragraph (A) and submit to Congress a re-
port regarding such exemption that includes 
a recommendation to continue or terminate 
the exemption. 
(ii) FACTORS.—In carrying out clause 
(i), the Secretary of Commerce shall analyze 
factors including— 
(I) the impact of continuation 
and termination of the exemption on 
the economic viability of dogfish fish-
eries; 
(II) the impact of continuation 
and termination of the exemption on 
ocean ecosystems; 
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2535 
(III) the impact of the exemption 
on the enforcement of the prohibition 
described in paragraph (1); and 
(IV) the impact of the exemption 
on shark conservation. 
(5) ENFORCEMENT.—This subsection, and any 
regulations issued pursuant thereto, shall be enforced 
by the Secretary of Commerce, who may use by agree-
ment, with or without reimbursement, the personnel, 
services, equipment, and facilities of another Federal 
agency or of a State agency or Indian Tribe for the 
purpose of enforcing this subsection. 
(6) RULE OF CONSTRUCTION.—Nothing in this 
subsection may be construed to preclude, deny, or 
limit any right of a State or territory to adopt or en-
force any regulation or standard that is more strin-
gent than a regulation or standard in effect under 
this subsection. 
(7) SEVERABILITY.—If any provision of this sub-
section, or the application thereof to any person or 
circumstance, is held invalid, the validity of the re-
mainder of the subsection and of the application of 
any such provision to other persons and cir-
cumstances shall not be affected thereby. 
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(8) SHARK FIN DEFINED.—In this subsection, the 
term ‘‘shark fin’’ means the unprocessed, dried, or 
otherwise processed detached fin or tail of a shark. 
SEC. 
5947. 
ENHANCING 
TRANSPARENCY 
ON 
INTER-
NATIONAL AGREEMENTS AND NON-BINDING 
INSTRUMENTS. 
(a) SECTION 112B
OF TITLE 1, UNITED STATES 
CODE.— 
(1) IN GENERAL.—Section 112b of title 1, United 
States Code, is amended to read as follows: 
‘‘§ 112b. United States international agreements and 
non-binding 
instruments; 
transparency 
provisions 
‘‘(a)(1) Not less frequently than once each month, the 
Secretary shall provide in writing to the Majority Leader 
of the Senate, the Minority Leader of the Senate, the Speak-
er of the House of Representatives, the Minority Leader of 
the House of Representatives, and the appropriate congres-
sional committees the following: 
‘‘(A)(i) A list of all international agreements 
and qualifying non-binding instruments signed, con-
cluded, or otherwise finalized during the prior month. 
‘‘(ii) The text of all international agreements 
and qualifying non-binding instruments described in 
clause (i). 
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2537 
‘‘(iii) A detailed description of the legal author-
ity that, in the view of the Secretary, provides author-
ization for each international agreement and that, in 
the view of the appropriate department or agency, 
provides authorization for each qualifying non-bind-
ing instrument provided under clause (ii) to become 
operative. If multiple authorities are relied upon in 
relation to an international agreement, the Secretary 
shall cite all such authorities, and if multiple au-
thorities are relied upon in relation to a qualifying 
non-binding instrument, the appropriate department 
or agency shall cite all such authorities. All citations 
to the Constitution of the United States, a treaty, or 
a statute shall include the specific article or section 
and subsection reference whenever available and, if 
not available, shall be as specific as possible. If the 
authority relied upon is or includes article II of the 
Constitution of the United States, the Secretary or 
appropriate department or agency shall explain the 
basis for that reliance. 
‘‘(B)(i) A list of all international agreements 
that entered into force and qualifying non-binding in-
struments that became operative for the United States 
or an agency of the United States during the prior 
month. 
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‘‘(ii) The text of all international agreements 
and qualifying non-binding instruments described in 
clause (i) if such text differs from the text of the 
agreement or instrument previously provided pursu-
ant to subparagraph (A)(ii). 
‘‘(iii) A statement describing any new or amend-
ed statutory or regulatory authority anticipated to be 
required to fully implement each proposed inter-
national agreement and qualifying non-binding in-
strument included in the list described in clause (i). 
‘‘(2) The information and text required by paragraph 
(1) shall be submitted in unclassified form, but may include 
a classified annex. 
‘‘(b)(1) Not later than 120 days after the date on which 
an international agreement enters into force, the Secretary 
shall make the text of the agreement, and the information 
described in subparagraphs (A)(iii) and (B)(iii) of sub-
section (a)(1) relating to the agreement, available to the 
public on the website of the Department of State. 
‘‘(2) Not less frequently than once every 120 days, the 
Secretary shall make the text of each qualifying non-bind-
ing instrument that became operative during the preceding 
120 days, and the information described in subparagraphs 
(A)(iii) and (B)(iii) of subsection (a)(1) relating to each 
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2539 
such instrument, available to the public on the website of 
the Department of State. 
‘‘(3) The requirements under paragraphs (1) and (2) 
shall not apply to the following categories of international 
agreements or qualifying non-binding instruments, or to in-
formation described in subparagraphs (A)(iii) and (B)(iii) 
of subsection (a)(1) relating to such agreements or quali-
fying non-binding instruments: 
‘‘(A) International agreements and qualifying 
non-binding instruments that contain information 
that has been given a national security classification 
pursuant to Executive Order 13526 (50 U.S.C. 3161 
note; relating to classified national security informa-
tion) or any predecessor or successor order, or that 
contain any information that is otherwise exempt 
from public disclosure pursuant to United States law. 
‘‘(B) International agreements and qualifying 
non-binding instruments that address military oper-
ations, military exercises, acquisition and cross serv-
icing, logistics support, military personnel exchange 
or education programs, or the provision of health care 
to military personnel on a reciprocal basis. 
‘‘(C) International agreements and qualifying 
non-binding instruments that establish the terms of 
grant or other similar assistance, including in-kind 
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2540 
assistance, financed with foreign assistance funds 
pursuant to the Foreign Assistance Act of 1961 (22 
U.S.C. 2151 et seq.) or the Food for Peace Act (7 
U.S.C. 1691 et seq.). 
‘‘(D) International agreements and qualifying 
non-binding instruments, such as project annexes and 
other similar instruments, for which the principal 
function is to establish technical details for the imple-
mentation of a specific project undertaken pursuant 
to another agreement or qualifying non-binding in-
strument that has been published in accordance with 
paragraph (1) or (2). 
‘‘(E) International agreements and qualifying 
non-binding instruments that have been separately 
published by a depositary or other similar adminis-
trative body, except that the Secretary shall make the 
information described in subparagraphs (A)(iii) and 
(B)(iii) of subsection (a)(1), relating to such agree-
ments or qualifying non-binding instruments, avail-
able to the public on the website of the Department 
of State within the timeframes required by paragraph 
(1) or (2). 
‘‘(c) For any international agreement or qualifying 
non-binding instrument for which an implementing agree-
ment or arrangement, or any document of similar purpose 
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or function to the aforementioned regardless of the title of 
the document, is not otherwise required to be submitted to 
the Majority Leader of the Senate, the Minority Leader of 
the Senate, the Speaker of the House of Representatives, the 
Minority Leader of the House of Representatives, and the 
appropriate congressional committees under subparagraphs 
(A)(ii) or (B)(ii) of subsection (a)(1), not later than 30 
days after the date on which the Secretary receives a written 
communication from the Chair or Ranking Member of ei-
ther of the appropriate congressional committees requesting 
the text of any such implementing agreements or arrange-
ments, whether binding or non-binding, the Secretary shall 
submit such implementing agreements or arrangements to 
the Majority Leader of the Senate, the Minority Leader of 
the Senate, the Speaker of the House of Representatives, the 
Minority Leader of the House of Representatives, and the 
appropriate congressional committees. 
‘‘(d) Any department or agency of the United States 
Government that enters into any international agreement 
or qualifying non-binding instrument on behalf of itself or 
the United States shall— 
‘‘(1) provide to the Secretary the text of each 
international agreement not later than 15 days after 
the date on which such agreement is signed or other-
wise concluded; 
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‘‘(2) provide to the Secretary the text of each 
qualifying non-binding instrument not later than 15 
days after the date on which such instrument is con-
cluded or otherwise becomes finalized; 
‘‘(3) provide to the Secretary a detailed descrip-
tion of the legal authority that provides authorization 
for each qualifying non-binding instrument to become 
operative not later than 15 days after such instru-
ment is signed or otherwise becomes finalized; and 
‘‘(4) on an ongoing basis, provide any imple-
menting material to the Secretary for transmittal to 
the Majority Leader of the Senate, the Minority Lead-
er of the Senate, the Speaker of the House of Rep-
resentatives, the Minority Leader of the House of Rep-
resentatives, and the appropriate congressional com-
mittees as needed to satisfy the requirements described 
in subsection (c). 
‘‘(e)(1) Each department or agency of the United 
States Government that enters into any international 
agreement or qualifying non-binding instrument on behalf 
of itself or the United States shall designate a Chief Inter-
national Agreements Officer, who shall— 
‘‘(A) be selected from among employees of such 
department or agency; 
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‘‘(B) serve concurrently as the Chief Inter-
national Agreements Officer; and 
‘‘(C) subject to the authority of the head of such 
department or agency, have department- or agency- 
wide responsibility for efficient and appropriate com-
pliance with this section. 
‘‘(2) There shall be a Chief International Agreements 
Officer who serves at the Department of State with the title 
of International Agreements Compliance Officer. 
‘‘(f) The substance of oral international agreements 
shall be reduced to writing for the purpose of meeting the 
requirements of subsections (a) and (b). 
‘‘(g) Notwithstanding any other provision of law, an 
international agreement may not be signed or otherwise 
concluded on behalf of the United States without prior con-
sultation with the Secretary. Such consultation may encom-
pass a class of agreements rather than a particular agree-
ment. 
‘‘(h)(1) Not later than 3 years after the date of the 
enactment of this section, and not less frequently than once 
every 3 years thereafter during the 9-year period beginning 
on the date of the enactment of this section, the Comptroller 
General of the United States shall conduct an audit of the 
compliance of the Secretary with the requirements of this 
section. 
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‘‘(2) In any instance in which a failure by the Sec-
retary to comply with such requirements is determined by 
the Comptroller General to have been due to the failure or 
refusal of another agency to provide information or mate-
rial to the Department of State, or the failure to do so in 
a timely manner, the Comptroller General shall engage such 
other agency to determine— 
‘‘(A) the cause and scope of such failure or re-
fusal; 
‘‘(B) the specific office or offices responsible for 
such failure or refusal; and 
‘‘(C) recommendations for measures to ensure 
compliance with statutory requirements. 
‘‘(3) The Comptroller General shall submit to the Ma-
jority Leader of the Senate, the Minority Leader of the Sen-
ate, the Speaker of the House of Representatives, the Minor-
ity Leader of the House of Representatives, and the appro-
priate congressional committees in writing the results of 
each audit required by paragraph (1). 
‘‘(4) The Comptroller General and the Secretary shall 
make the results of each audit required by paragraph (1) 
publicly available on the websites of the Government Ac-
countability Office and the Department of State, respec-
tively. 
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‘‘(i) The President shall, through the Secretary, pro-
mulgate such rules and regulations as may be necessary to 
carry out this section. 
‘‘(j) It is the sense of Congress that the executive branch 
should not prescribe or otherwise commit to or include spe-
cific legislative text in a treaty, executive agreement, or 
non-binding instrument unless Congress has authorized 
such action. 
‘‘(k) In this section: 
‘‘(1) The term ‘appropriate congressional com-
mittees’ means— 
‘‘(A) the Committee on Foreign Relations of 
the Senate; and 
‘‘(B) the Committee on Foreign Affairs of 
the House of Representatives. 
‘‘(2) The term ‘appropriate department or agen-
cy’ means the department or agency of the United 
States Government that negotiates and enters into a 
qualifying non-binding instrument on behalf of itself 
or the United States. 
‘‘(3) The term ‘intelligence community’ has the 
meaning given that term in section 3(4) of the Na-
tional Security Act of 1947 (50 U.S.C. 3003(4)). 
‘‘(4) The term ‘international agreement’ in-
cludes— 
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‘‘(A) any treaty that requires the advice 
and consent of the Senate, pursuant to article II 
of the Constitution of the United States; and 
‘‘(B) any other international agreement to 
which the United States is a party and that is 
not subject to the advice and consent of the Sen-
ate. 
‘‘(5) The term ‘qualifying non-binding instru-
ment’— 
‘‘(A) except as provided in subparagraph 
(B), means a non-binding instrument that— 
‘‘(i) is or will be under negotiation, is 
signed or otherwise becomes operative, or is 
implemented with one or more foreign gov-
ernments, international organizations, or 
foreign entities, including non-state actors; 
and 
‘‘(ii)(I) could reasonably be expected to 
have a significant impact on the foreign 
policy of the United States; or 
‘‘(II) is the subject of a written com-
munication from the Chair or Ranking 
Member of either of the appropriate congres-
sional committees to the Secretary; and 
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‘‘(B) does not include any non-binding in-
strument that is signed or otherwise becomes op-
erative or is implemented pursuant to the au-
thorities relied upon by the Department of De-
fense, the Armed Forces of the United States, or 
any element of the intelligence community. 
‘‘(6) The term ‘Secretary’ means the Secretary of 
State. 
‘‘(7)(A) The term ‘text’ with respect to an inter-
national agreement or qualifying non-binding instru-
ment includes— 
‘‘(i) any annex, appendix, codicil, side 
agreement, side letter, or any document of simi-
lar purpose or function to the aforementioned, 
regardless of the title of the document, that is en-
tered into contemporaneously and in conjunction 
with the international agreement or qualifying 
non-binding instrument; and 
‘‘(ii) any implementing agreement or ar-
rangement, or any document of similar purpose 
or function to the aforementioned regardless of 
the title of the document, that is entered into 
contemporaneously and in conjunction with the 
international agreement or qualifying non-bind-
ing instrument. 
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‘‘(B) As used in subparagraph (A), the term 
‘contemporaneously and in conjunction with’— 
‘‘(i) shall be construed liberally; and 
‘‘(ii) may not be interpreted to require any 
action to have occurred simultaneously or on the 
same day. 
‘‘(l) Nothing in this section may be construed— 
‘‘(1) to authorize the withholding from disclosure 
to the public of any record if such disclosure is re-
quired by law; or 
‘‘(2) to require the provision of any imple-
menting agreement or arrangement, or any document 
of similar purpose or function regardless of its title, 
which was entered into by the Department of Defense, 
the Armed Forces of the United States, or any element 
of the intelligence community or any implementing 
material originating with the aforementioned agen-
cies, if such implementing agreement, arrangement, 
document, or material was not required to be pro-
vided to the Majority Leader of the Senate, the Minor-
ity Leader of the Senate, the Speaker of the House of 
Representatives, the Minority Leader of the House of 
Representatives, or the appropriate congressional 
committees prior to the date of the enactment of the 
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James M. Inhofe National Defense Authorization Act 
for Fiscal Year 2023.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 2 of title 1, United 
States Code, is amended by striking the item relating 
to section 112b and inserting the following: 
‘‘112b. United States international agreements and non-binding instruments; 
transparency provisions.’’. 
(3) TECHNICAL AND CONFORMING AMENDMENT 
RELATING TO AUTHORITIES OF THE SECRETARY OF 
STATE.—Section 317(h)(2) of the Homeland Security 
Act of 2002 (6 U.S.C. 195c(h)(2)) is amended by 
striking ‘‘Section 112b(c)’’ and inserting ‘‘Section 
112b(g)’’. 
(4) MECHANISM
FOR
REPORTING.—Not later 
than 270 days after the date of the enactment of this 
Act, the Secretary of State shall establish a mecha-
nism for personnel of the Department of State who be-
come aware or who have reason to believe that the re-
quirements under section 112b of title 1, United 
States Code, as amended by paragraph (1), have not 
been fulfilled with respect to an international agree-
ment or qualifying non-binding instrument (as such 
terms are defined in such section) to report such in-
stances to the Secretary. 
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(5) RULES AND REGULATIONS.—Not later than 
180 days after the date of the enactment of this Act, 
the President, through the Secretary of State, shall 
promulgate such rules and regulations as may be nec-
essary to carry out section 112b of title 1, United 
States Code, as amended by paragraph (1). 
(6) CONSULTATION
AND
BRIEFING
REQUIRE-
MENT.— 
(A) 
CONSULTATION.—The 
Secretary 
of 
State shall consult with the Committee on For-
eign Relations of the Senate and the Committee 
on Foreign Affairs of the House of Representa-
tives on matters related to the implementation of 
this section and the amendments made by this 
section before and after the effective date de-
scribed in subsection (c). 
(B) BRIEFING.—Not later than 90 days 
after the date of the enactment of this Act, and 
once every 90 days thereafter for 1 year, the Sec-
retary shall brief the Committee on Foreign Re-
lations of the Senate, the Committee on Appro-
priations of the Senate, the Committee on For-
eign Affairs of the House of Representatives, and 
the Committee on Appropriations of the House of 
Representatives regarding the status of efforts to 
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implement this section and the amendments 
made by this section. 
(7) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Depart-
ment of State $1,000,000 for each of the fiscal years 
2023 through 2027 for purposes of implementing the 
requirements of section 112b of title 1, United States 
Code, as amended by paragraph (1). 
(b) SECTION 112A
OF TITLE 1, UNITED STATES 
CODE.—Section 112a of title 1, United States Code, is 
amended— 
(1) by striking subsections (b), (c), and (d); and 
(2) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) Copies of international agreements and qualifying 
non-binding instruments in the possession of the Depart-
ment of State, but not published, other than the agreements 
described in section 112b(b)(3)(A), shall be made available 
by the Department of State upon request.’’. 
(c) EFFECTIVE DATE OF AMENDMENTS.—The amend-
ments made by this section shall take effect on the date that 
is 270 days after the date of the enactment of this Act. 
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SEC. 5948. UKRAINE INVASION WAR CRIMES DETERRENCE 
AND ACCOUNTABILITY ACT. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Ukraine Invasion War Crimes Deterrence and Account-
ability Act’’. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) in its premeditated, unprovoked, unjustified, 
and unlawful full-scale invasion of Ukraine that com-
menced on February 24, 2022, the military of the 
Government of the Russian Federation under the di-
rection of President Vladimir Putin has committed 
war crimes that include but are not limited to— 
(A) the deliberate targeting of civilians and 
injuring or killing of noncombatants; 
(B) the deliberate targeting and attacking of 
hospitals, schools, and other non-military build-
ings dedicated to religion, art, science, or chari-
table purposes, such as the bombing of a theater 
in Mariupol that served as a shelter for non-
combatants and had the word ‘‘children’’ written 
clearly in the Russian language outside; 
(C) the indiscriminate bombardment of 
undefended dwellings and buildings; 
(D) the wanton destruction of property not 
justified by military necessity; 
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(E) unlawful civilian deportations; 
(F) the taking of hostages; and 
(G) rape, or sexual assault or abuse; 
(2) the use of chemical weapons by the Govern-
ment of the Russian Federation in Ukraine would 
constitute a war crime, and engaging in any military 
preparations to use chemical weapons or to develop, 
produce, stockpile, or retain chemical weapons is pro-
hibited by the Chemical Weapons Convention, to 
which the Russian Federation is a signatory; 
(3) Vladimir Putin has a long record of commit-
ting acts of aggression, systematic abuses of human 
rights, and acts that constitute war crimes or other 
atrocities both at home and abroad, and the brutality 
and scale of these actions, including in the Russian 
Federation republic of Chechnya, Georgia, Syria, and 
Ukraine, demonstrate the extent to which his regime 
is willing to flout international norms and values in 
the pursuit of its objectives; 
(4) Vladimir Putin has previously sanctioned the 
use of chemical weapons at home and abroad, includ-
ing in the poisonings of Russian spy turned double 
agent Sergei Skripal and his daughter Yulia and 
leading Russian opposition figure Aleksey Navalny, 
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and aided and abetted the use of chemical weapons by 
President Bashar al-Assad in Syria; and 
(5) in 2014, the Government of the Russian Fed-
eration initiated its unprovoked war of aggression 
against Ukraine which resulted in its illegal occupa-
tion of Crimea, the unrecognized declaration of inde-
pendence by the so-called ‘‘Donetsk People’s Republic’’ 
and ‘‘Luhansk People’s Republic’’ by Russia-backed 
proxies, and numerous human rights violations and 
deaths of civilians in Ukraine. 
(c) STATEMENT OF POLICY.—It is the policy of the 
United States— 
(1) to collect, analyze, and preserve evidence and 
information related to war crimes and other atrocities 
committed during the full-scale Russian invasion of 
Ukraine that began on February 24, 2022, for use in 
appropriate domestic, foreign, and international 
courts and tribunals prosecuting those responsible for 
such crimes consistent with applicable law, including 
with the American Service Members’ Protection Act of 
2002 (22 U.S.C. 7421 et seq.); 
(2) to help deter the commission of war crimes 
and other atrocities in Ukraine by publicizing to the 
maximum possible extent, including among Russian 
and other foreign military commanders and troops in 
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Ukraine, efforts to identify and prosecute those re-
sponsible for the commission of war crimes during the 
full-scale Russian invasion of Ukraine that began on 
February 24, 2022; and 
(3) to continue efforts to identify, deter, and pur-
sue accountability for war crimes and other atrocities 
committed around the world and by other perpetra-
tors, and to leverage international cooperation and 
best practices in this regard with respect to the cur-
rent situation in Ukraine. 
(d) REPORT ON UNITED STATES EFFORTS.—Not later 
than 90 days after the date of the enactment of this Act, 
and consistent with the protection of intelligence sources 
and methods, the President shall submit to the appropriate 
congressional committees a report, which may include a 
classified annex, describing in detail the following: 
(1) United States Government efforts to collect, 
analyze, and preserve evidence and information re-
lated to war crimes and other atrocities committed 
during the full-scale Russian invasion of Ukraine 
since February 24, 2022, including a description of— 
(A) the respective roles of various agencies, 
departments, and offices, and the interagency 
mechanism established for the coordination of 
such efforts; 
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(B) the types of information and evidence 
that are being collected, analyzed, and preserved 
to help identify those responsible for the commis-
sion of war crimes or other atrocities during the 
full-scale Russian invasion of Ukraine in 2022; 
and 
(C) steps taken to coordinate with, and sup-
port the work of, allies, partners, international 
institutions and organizations, and nongovern-
mental organizations in such efforts. 
(2) Media, public diplomacy, and information 
operations to make Russian military commanders, 
troops, political leaders and the Russian people aware 
of efforts to identify and prosecute those responsible 
for the commission of war crimes or other atrocities 
during the full-scale Russian invasion of Ukraine in 
2022, and of the types of acts that may be prosecut-
able. 
(3) The process for a domestic, foreign, or inter-
national court or tribunal to request and obtain from 
the United States Government information related to 
war crimes or other atrocities committed during the 
full-scale Russian invasion of Ukraine in 2022. 
(e) DEFINITIONS.—In this section: 
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(1) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional commit-
tees’’ means— 
(A) the Committee on Foreign Affairs, the 
Committee on the Judiciary, the Committee on 
Armed Services, and the Permanent Select Com-
mittee on Intelligence of the House of Represent-
atives; and 
(B) the Committee on Foreign Relations, 
the Committee on the Judiciary, the Committee 
on Armed Services, and the Select Committee on 
Intelligence of the Senate. 
(2) ATROCITIES.—The term ‘‘atrocities’’ has the 
meaning given that term in section 6(2) of the Elie 
Wiesel Genocide and Atrocities Prevention Act of 
2018 (Public Law 115–441; 22 U.S.C. 2656 note). 
(3) WAR CRIME.—The term ‘‘war crime’’ has the 
meaning given that term in section 2441(c) of title 
18, United States Code. 
SEC. 5949. PROHIBITION ON CERTAIN SEMICONDUCTOR 
PRODUCTS AND SERVICES. 
(a) PROHIBITION ON USE OR PROCUREMENT.— 
(1) IN
GENERAL.—The head of an executive 
agency may not— 
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(A) procure or obtain, or extend or renew a 
contract to procure or obtain, any electronic 
parts, products, or services that include covered 
semiconductor products or services; or 
(B) enter into a contract (or extend or 
renew a contract) with an entity to procure or 
obtain electronic parts or products that use any 
electronic parts or products that include covered 
semiconductor products or services. 
(2) RULE OF CONSTRUCTION.— 
(A) IN GENERAL.—Nothing in paragraph 
(1) shall be construed— 
(i) to require any covered semicon-
ductor products or services resident in 
equipment, systems, or services as of the day 
before the applicable effective date specified 
in subsection (c) to be removed or replaced; 
(ii) to prohibit or limit the utilization 
of such covered semiconductor products or 
services throughout the lifecycle of such ex-
isting equipment; 
(iii) to require the recipient of a Fed-
eral contract, grant, loan, or loan guarantee 
to replace covered semiconductor products 
or services resident in equipment, systems, 
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or services before the effective date specified 
in subsection (c); or 
(iv) to require the Federal Commu-
nications Commission to designate covered 
semiconductor products or services to its 
Covered Communications Equipment or 
Services List maintained under section 2 of 
the Secured and Trusted Communications 
Networks Act of 2019 (47 U.S.C. 1603). 
(B) CONTRACTING
PROHIBITION.—Nothing 
in paragraph (1)(B) shall be construed to cover 
products or services that include covered semi-
conductor products or services in a system that 
is not a critical system. 
(b) WAIVER AUTHORITY.— 
(1) SECRETARY OF DEFENSE.—The Secretary of 
Defense may provide a waiver on a date later than 
the effective date described in subsection (c) if the Sec-
retary determines the waiver is in the critical na-
tional security interests of the United States. 
(2) DIRECTOR
OF
NATIONAL
INTELLIGENCE.— 
The Director of National Intelligence may provide a 
waiver on a date later than the effective date de-
scribed in subsection (c) if the Director determines the 
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more than two years per waiver, the prohibitions 
under subsection (a) if— 
(A) the head of the agency, in consultation 
with the Secretary of Commerce, determines that 
no compliant product or service is available to 
be procured as, and when, needed at United 
States market prices or a price that is not con-
sidered prohibitively expensive; and 
(B) the head of the agency, in consultation 
with the Secretary of Defense or the Director of 
National Intelligence, determines that such waiv-
er could not reasonably be expected to com-
promise the critical national security interests of 
the United States. 
(7) REPORT TO CONGRESS.—Not later than 30 
days after granting a waiver under this subsection, 
the head of the executive agency granting such waiver 
shall submit to the appropriate committees of Con-
gress and leadership a report with a notification of 
such waiver, including a justification for the waiver. 
(c) EFFECTIVE DATES AND REGULATIONS.— 
(1) EFFECTIVE DATE.—The prohibitions under 
subsection (a) shall take effect five years after the date 
of the enactment of this Act. 
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(2) REGULATIONS.—Not later than three years 
after the date of the enactment of this Act, the Federal 
Acquisition Regulatory Council shall prescribe regula-
tions implementing the prohibitions under subsection 
(a), including a requirement for prime contractors to 
incorporate the substance of such prohibitions and ap-
plicable implementing contract clauses into contracts 
for the supply of electronic parts or products. 
(d) OFFICE OF MANAGEMENT AND BUDGET REPORT 
AND BRIEFING.—Not later than 270 days after the effective 
date described in subsection (c)(1), the Director of the Office 
of Management and Budget, in coordination with the Direc-
tor of National Intelligence and the National Cyber Direc-
tor, shall provide to the appropriate committees of Congress 
and leadership a report and briefing on— 
(1) the implementation of the prohibitions under 
subsection (a), including any challenges in the imple-
mentation; and 
(2) the effectiveness and utility of the waiver au-
thority under subsection (b). 
(e) ANALYSIS, ASSESSMENT, AND STRATEGY.—Not 
later than 180 days after the date of the enactment of this 
Act, the Secretary of Commerce, in coordination with the 
Secretary of Defense, the Secretary of Homeland Security, 
the Director of National Intelligence, and the Secretary of 
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Energy and, to the greatest extent practicable, leveraging 
relevant previous analyses and assessments, shall— 
(1) conduct an analysis of semiconductor design 
and production capacity domestically and by allied 
or partner countries required to meet the needs of the 
Federal Government, including analyses regarding— 
(A) semiconductors critical to national secu-
rity, as determined by the Secretary of Com-
merce, in consultation with the Secretary of De-
fense and the Director of National Intelligence, 
in accordance with section 9902(a)(6)(A)(i) of 
the William M. (Mac) Thornberry National De-
fense Authorization Act for Fiscal Year 2021 
(Public Law 116–283); and 
(B) semiconductors classified as legacy 
semiconductors 
pursuant 
to 
section 
9902(a)(6)(A)(i) of William M. (Mac) Thorn-
berry National Defense Authorization Act for 
Fiscal Year 2021 (Public Law 116–283); 
(2) assess the risk posed by the presence of cov-
ered semiconductor products or services in Federal 
systems; 
(3) assess the risk posed by the presence of cov-
ered semiconductor products or services in the supply 
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chains of Federal contractors and subcontractors, in-
cluding for non-Federal systems; 
(4) develop a strategy to— 
(A) improve the availability of domestic 
semiconductor design and production capacity 
required to meet the requirements of the Federal 
Government; 
(B) support semiconductor product and 
service suppliers seeking to contract with domes-
tic, allied, or partner semiconductor producers 
and to improve supply chain traceability, in-
cluding to meet the prohibitions under subsection 
(a); and 
(C) either certify the feasibility of imple-
menting such prohibitions or exercising waiver 
authorities under subsection (b), to ensure unin-
terrupted Federal Government access to required 
semiconductor products and services; and 
(5) provide the results of the analysis, assess-
ment, and strategy developed under paragraphs (1) 
through (4) to the Federal Acquisition Security Coun-
cil. 
(f) GOVERNMENTWIDE TRACEABILITY
AND DIVER-
SIFICATION INITIATIVE.— 
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(1) IN GENERAL.—Not later than two years after 
the date of the enactment of this Act, the Secretary of 
Commerce, in coordination with the Secretary of 
Homeland Security, the Secretary of Defense, the Di-
rector of National Intelligence, the Director of the Of-
fice of Management and Budget, and the Director of 
the Office of Science and Technology Policy, and in 
consultation with industry, shall establish a micro-
electronics traceability and diversification initiative 
to coordinate analysis of and response to the Federal 
Government 
microelectronics 
supply 
chain 
vulnerabilities. 
(2) ELEMENTS.—The initiative established under 
paragraph (1) shall include the following elements: 
(A) Sharing best practices, refining micro-
electronics standards, such as those established 
pursuant to section 224 of the National Defense 
Authorization Act for Fiscal Year 2020 (Public 
Law 116–92), and developing recommendations 
to identify and mitigate, through diversification 
efforts, microelectronics supply chain concerns. 
(B) Developing an assessment framework to 
inform Federal decisions on sourcing microelec-
tronics, considering— 
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(i) chain of custody and traceability, 
including origin and location of design, 
manufacturing, distribution, shipping, and 
quantities; 
(ii) confidentiality, including protec-
tion, verification, and validation of intellec-
tual property included in microelectronics; 
(iii) integrity, including— 
(I) 
security 
weaknesses 
and 
vulnerabilities that include potential 
supply chain attacks; 
(II) risk analysis and consequence 
to system; 
(III) risk of intentional or unin-
tentional modification or tampering; 
and 
(IV) risk of insider threats, in-
cluding integrity of people and proc-
esses involved in the design and manu-
facturing of microelectronics; and 
(iv) availability, including— 
(I) potential supply chain disrup-
tions, including due to natural disas-
ters or geopolitical events; 
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(II) prioritization of parts de-
signed 
and 
manufactured 
in 
the 
United States and in allied or partner 
countries to support and sustain the 
defense and technology industrial base; 
(III) risk associated with sourcing 
parts from suppliers outside of the 
United States and allied and partner 
countries, including long-term impacts 
on availability of microelectronics pro-
duced domestically or in allied or part-
ner countries; and 
(IV) obsolescence management and 
counterfeit avoidance and detection. 
(C) Developing a process for provenance 
and traceability from design to disposal of 
microelectronics components and intellectual 
property contained therein implementable across 
the Federal acquisition system to improve re-
porting, data analysis, and tracking. 
(D) Developing and implementing policies 
and plans to support the following: 
(i) Development of domestic design and 
manufacturing capabilities to replace cov-
ered semiconductor products or services. 
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(ii) Utilization of the assessment 
framework developed under subparagraph 
(B). 
(iii) Implementation of the strategy re-
quired under subsection (e)(4) as applicable. 
(iv) Identification of and integration 
with existing information reporting and 
data visualization systems in the Federal 
Government, including modification to such 
systems to track the information. 
(v) A requirement to document micro-
electronics used in systems and subsystems, 
including origin and location of design and 
manufacturing, 
technologies 
used, 
and 
quantities procured. 
(vi) Elimination from Federal Govern-
ment supply chains of microelectronics from 
entities 
included 
on 
the 
Consolidated 
Screening List maintained by the Inter-
national Trade Administration of the De-
partment of Commerce. 
(3) COORDINATION REQUIRED.—In carrying out 
this subsection, the Secretary of Commerce shall co-
ordinate, as necessary, with the following entities: 
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(A) The National Science and Technology 
Council Subcommittee on Microelectronics Lead-
ership. 
(B) The Department of Commerce semicon-
ductor industrial advisory committee established 
under subsection 9906(b) of the William M. 
(Mac) Thornberry National Defense Authoriza-
tion Act for Fiscal Year 2021 (Public Law 116– 
283). 
(C) The White House Coordinator for 
CHIPS Implementation. 
(D) The Federal Acquisition Security Coun-
cil (FASC). 
(E) The Government-Industry Working 
Group on Microelectronics. 
(F) The Joint Defense Manufacturing Tech-
nology Panel (JDMTP). 
(G) Standards development organizations. 
(g) FEDERAL ACQUISITION SECURITY COUNCIL.—Not 
later than two years after the date of the enactment of this 
Act, the Federal Acquisition Security Council, in consulta-
tion with the Secretary of Commerce, the Secretary of De-
fense, the Secretary of Homeland Security, the Director of 
National Intelligence, and the Secretary of Energy, and 
after engagement with the private sector and other non-
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governmental stakeholders in accordance with section 1323 
of title 41, United States Code, shall— 
(1) issue recommendations to mitigate supply 
chain risks relevant to Federal Government acquisi-
tion of semiconductor products and services, consid-
ering— 
(A) the analysis, assessment, and strategy 
developed under subsection (e) and any related 
updates; 
(B) the standards provided under section 
224 of the National Defense Authorization Act 
for Fiscal Year 2020 (Public Law 116–92), in-
cluding any tiers of trust, levels of security, or 
risk-based approaches established under such sec-
tion; 
(C) the extent to which such recommenda-
tions would enhance the security of critical sys-
tems; 
(D) the extent to which such recommenda-
tions would impact Federal access to commercial 
technologies; and 
(E) any risks to the Federal Government 
from contracting with microelectronics suppliers 
that include covered semiconductor products or 
services in non-Federal supply chains; and 
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(2) make recommendations to the Federal Acqui-
sition Regulatory Council and the heads of executive 
agencies for any needed regulations to mitigate sup-
ply chain risks. 
(h) APPLICABILITY AND RESPONSIBILITIES OF COV-
ERED ENTITIES AND CONTRACTORS.—The regulations pre-
scribed pursuant to subsection (c)(2) shall— 
(1) provide that contractors who supply a Fed-
eral agency with electronic parts or products are re-
sponsible for— 
(A) certifying to the non-use of covered 
semiconductor products or services in such parts 
or products; 
(B) detecting and avoiding the use or inclu-
sion of such covered semiconductor products or 
services in such parts or products; and 
(C) any rework or corrective action that 
may be required to remedy the use or inclusion 
of such covered semiconductor products or serv-
ices in such parts or products; 
(2) require covered entities to disclose to direct 
customers the inclusion of a covered semiconductor 
product or service in electronic parts, products, or 
services included in electronic parts, products, or serv-
ices subject to the contracting prohibition under sub-
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section (a) as to whether such supplied parts, prod-
ucts, or services include covered semiconductors prod-
ucts or services; 
(3) provide that a covered entity that fails to 
disclose the inclusion to direct customers of a covered 
semiconductor product or service in electronic parts, 
products, or services procured or obtained by an exec-
utive agency in contravention of subsection (a) shall 
be responsible for any rework or corrective action that 
may be required to remedy the use or inclusion of 
such covered semiconductor product or service; 
(4) provide that the costs of covered semicon-
ductor products or services, suspect semiconductor 
products, and any rework or corrective action that 
may be required to remedy the use or inclusion of 
such products are not allowable costs for Federal con-
tracts; 
(5) provide that— 
(A) any covered entity or Federal contractor 
or subcontractor who becomes aware, or has rea-
son to suspect, that any end item, component, or 
part of a critical system purchased by the Fed-
eral Government, or purchased by a Federal con-
tractor or subcontractor for delivery to the Fed-
eral Government for any critical system, that 
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contains covered semiconductor products or serv-
ices shall notify appropriate Federal authorities 
in writing within 60 days; and 
(B) the Federal authorities shall report such 
information to the appropriate committees of 
Congress and leadership within 120 days; 
(6) provide that Federal bidders and contrac-
tors— 
(A) may reasonably rely on the certifi-
cations of compliance from covered entities and 
subcontractors who supply electronic parts, prod-
ucts, or services when providing proposals to the 
Federal Government; and 
(B) are not required to conduct independent 
third party audits or other formal reviews re-
lated to such certifications; 
(7) provide that a Federal contractor or subcon-
tractor that provides a notification under paragraph 
(5) that does not regard electronic parts or products 
manufactured or assembled by such Federal con-
tractor or subcontractor shall not be subject to civil li-
ability nor determined to not be a presently respon-
sible contractor on the basis of such notification; and 
(8) provide that a Federal contractor or subcon-
tractor that provides a notification under paragraph 
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(5) that regards electronic parts or products manufac-
tured or assembled by such Federal contractor or sub-
contractor shall not be subject to civil liability nor de-
termined to not be a presently responsible contractor 
on the basis of such notification if the Federal con-
tractor or subcontractor makes a comprehensive and 
documentable effort to identify and remove covered 
semiconductor products or services from the Federal 
supply. 
(i) REPORTS.— 
(1) SECRETARY OF COMMERCE.—Not later than 
60 days after completing the assessment required 
under subsection (e), the Secretary of Commerce shall 
submit to the appropriate committees of Congress and 
leadership— 
(A) a report of the findings and rec-
ommendations of the analyses, assessment, and 
strategy developed under such subsection; and 
(B) a report on development of the micro-
electronics traceability and diversification ini-
tiative under subsection (f)(1). 
(2) FEDERAL ACQUISITION SECURITY COUNCIL.— 
Not later than one year after the date of the enact-
ment of this Act, and annually thereafter for ten 
years, the Federal Acquisition Security Council shall 
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include in the annual report submitted under section 
1325 of title 41, United States Code, a description 
of— 
(A) the development of recommendations 
under subsection (g), including the consider-
ations described in paragraph (1) of such sub-
section; and 
(B) as applicable, the impact of any rec-
ommendations or regulations implemented. 
(j) DEFINITIONS.—In this section: 
(1) APPROPRIATE
COMMITTEES
OF
CONGRESS 
AND LEADERSHIP.—The term ‘‘appropriate commit-
tees of Congress and leadership’’ means— 
(A) the Committee on Armed Services, the 
Committee on Commerce, Science, and Transpor-
tation, the Committee on Homeland Security 
and Governmental Affairs, the Committee on 
Energy and Natural Resources, the Committee 
on Foreign Relations, the Committee on Bank-
ing, Housing, and Urban Affairs, the Select 
Committee on Intelligence, and the majority and 
minority leaders of the Senate; and 
(B) the Committee on Armed Services, the 
Committee on Energy and Commerce, the Com-
mittee on Science, Space, and Technology, the 
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Committee on Oversight and Reform, the Com-
mittee on Foreign Affairs, the Committee on 
Homeland Security, the Permanent Select Com-
mittee on Intelligence, and the Speaker, the ma-
jority leader, and the minority leader of the of 
the House of Representatives. 
(2) COVERED ENTITY.—The term ‘‘covered enti-
ty’’ means an entity that— 
(A) develops, domestically or abroad, a de-
sign of a semiconductor that is the direct product 
of United States origin technology or software; 
and 
(B) purchases covered semiconductor prod-
ucts or services from an entity described in sub-
paragraph (A) or (C) of paragraph (3). 
(3) COVERED
SEMICONDUCTOR
PRODUCT
OR 
SERVICES.—The term ‘‘covered semiconductor product 
or services’’ means any of the following: 
(A) A semiconductor, a semiconductor prod-
uct, a product that incorporates a semiconductor 
product, or a service that utilizes such a product, 
that is designed, produced or provided by, Semi-
conductor Manufacturing International Corpora-
tion (SMIC) (or any subsidiary, affiliate, or suc-
cessor of such entity). 
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(B) A semiconductor, a semiconductor prod-
uct, a product that incorporates a semiconductor 
product, or a service that utilizes such a product, 
that is designed, produced, or provided by 
ChangXin Memory Technologies (CXMT) or 
Yangtze Memory Technologies Corp (YMTC) (or 
any subsidiary, affiliate, or successor of such en-
tities). 
(C) A semiconductor, semiconductor prod-
uct, or semiconductor service produced or pro-
vided by an entity that the Secretary of Defense 
or the Secretary of Commerce, in consultation 
with the Director of the National Intelligence or 
the Director of the Federal Bureau of Investiga-
tion, determines to be an entity owned or con-
trolled by, or otherwise connected to, the govern-
ment of a foreign country of concern, provided 
that the determination with respect to such enti-
ty is published in the Federal Register. 
(4) CRITICAL SYSTEM.—The term ‘‘critical sys-
tem’’— 
(A) has the meaning given the term ‘‘na-
tional security system’’ in section 11103(a)(1) of 
title 40, United States Code; 
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(B) shall include additional systems identi-
fied by the Federal Acquisition Security Council; 
(C) shall include additional systems identi-
fied by the Department of Defense, consistent 
with guidance provided under section 224 of the 
National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116–92); and 
(D) shall not include a system to be used for 
routine administrative and business applications 
(including payroll, finance, logistics, and per-
sonnel management applications). 
(5) FOREIGN COUNTRY OF CONCERN.—The term 
‘‘foreign country of concern’’ has the meaning given 
the term in paragraph (7) of section 9901 of the Wil-
liam M. (Mac) Thornberry National Defense Author-
ization Act for Fiscal Year 2021 (15 U.S.C. 4651), as 
added by section 103(a)(4) of the CHIPS Act of 2022 
(division A of Public Law 117–167). 
(k) EXTENSION OF FEDERAL ACQUISITION SECURITY 
SUPPLY CHAIN ACT OF 2018.— 
(1) SUBCHAPTER III OF CHAPTER 13 OF TITLE 
41, UNITED STATES CODE.—Section 1328 of title 41, 
United States Code, is amended by striking ‘‘the date 
that is 5 years after the date of the enactment of the 
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Federal Acquisition Supply Chain Security Act of 
2018’’ and inserting ‘‘December 31, 2033’’. 
(2) SECTION 4713 OF TITLE 41, UNITED STATES 
CODE.—Section 4713(j) of title 41, United States 
Code, is amended by striking ‘‘the date that is 5 years 
after the date of the enactment of the Federal Acquisi-
tion Supply Chain Security Act of 2018’’ and insert-
ing ‘‘December 31, 2033’’. 
(l) AUTHORIZATION OF APPROPRIATIONS FOR FED-
ERAL ACQUISITION SECURITY COUNCIL.— 
(1) IN GENERAL.—There is authorized to be ap-
propriated $3,000,000 for each of fiscal years 2023 
through 2033 for the Office of Management and Budg-
et to support the activities of the Federal Acquisition 
Security Council. 
(2) TRANSFER AUTHORITY.—The Director of the 
Office of Management and Budget may transfer funds 
authorized to be appropriated under paragraph (1) to 
other Federal agencies for the performance of work for 
which the funds were authorized. 
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DIVISION F—INTELLIGENCE AU-
THORIZATION ACT FOR FIS-
CAL YEAR 2023 
SEC. 6001. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This division may be cited as the 
‘‘Intelligence Authorization Act for Fiscal Year 2023’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this division is as follows: 
DIVISION F—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL 
YEAR 2023 
Sec. 6001. Short title; table of contents. 
Sec. 6002. Definitions. 
Sec. 6003. Explanatory statement. 
TITLE LXI—INTELLIGENCE ACTIVITIES 
Sec. 6101. Authorization of appropriations. 
Sec. 6102. Classified Schedule of Authorizations. 
Sec. 6103. Intelligence Community Management Account. 
Sec. 6104. Restriction on conduct of intelligence activities. 
Sec. 6105. Increase in employee compensation and benefits authorized by law. 
TITLE LXII—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 
DISABILITY SYSTEM 
Sec. 6201. Authorization of appropriations. 
TITLE LXIII—GENERAL INTELLIGENCE COMMUNITY MATTERS 
Sec. 6301. Modification of requirements for certain employment activities by 
former intelligence officers and employees. 
Sec. 6302. Counterintelligence and national security protections for intelligence 
community grant funding. 
Sec. 6303. Extension of Central Intelligence Agency law enforcement jurisdiction 
to facilities of Office of Director of National Intelligence. 
Sec. 6304. Annual reports on status of recommendations of Comptroller General 
of the United States for the Director of National Intelligence. 
Sec. 6305. Timely submission of classified intelligence budget justification mate-
rials. 
Sec. 6306. Copyright protection for civilian faculty of the National Intelligence 
University. 
Sec. 6307. Modifications to Foreign Malign Influence Response Center. 
Sec. 6308. Requirement to offer cyber protection support for personnel of intel-
ligence community in positions highly vulnerable to cyber at-
tack. 
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Sec. 6309. Enforcement of cybersecurity requirements for national security sys-
tems. 
Sec. 6310. Review and briefing on intelligence community activities under Execu-
tive Order 12333. 
Sec. 6311. Assessing intelligence community open-source support for export con-
trols and foreign investment screening. 
Sec. 6312. Annual training requirement and report regarding analytic standards. 
Sec. 6313. Review of Joint Intelligence Community Council. 
Sec. 6314. Required policy for minimum insider threat standards. 
Sec. 6315. Unfunded priorities of the intelligence community. 
Sec. 6316. Submission of covered documents and classified annexes. 
Sec. 6317. Improvements to program on recruitment and training. 
Sec. 6318. Measures to mitigate counterintelligence threats from proliferation and 
use of foreign commercial spyware. 
Sec. 6319. Personnel vetting performance measures. 
Sec. 6320. Proactive cybersecurity. 
TITLE LXIV—MATTERS RELATING TO ELEMENTS OF THE 
INTELLIGENCE COMMUNITY 
Subtitle A—Office of the Director of National Intelligence 
Sec. 6401. Modifications to responsibilities and authorities of Director of Na-
tional Intelligence. 
Sec. 6402. Annual submission to Congress of National Intelligence Priorities 
Framework. 
Sec. 6403. Disposition of records of Office of the Director of National Intelligence. 
Subtitle B—Central Intelligence Agency 
Sec. 6411. Clarification regarding protection of Central Intelligence Agency func-
tions. 
Sec. 6412. Expansion of reporting requirements relating to authority to pay per-
sonnel of Central Intelligence Agency for certain injuries to the 
brain. 
Sec. 6413. Historical Advisory Panel of Central Intelligence Agency. 
Sec. 6414. Authority of Central Intelligence Agency to provide protection for cer-
tain personnel. 
Sec. 6415. Notification of use of certain expenditure authorities. 
Sec. 6416. Office supporting Central Intelligence Agency workforce wellbeing. 
Subtitle C—Elements of the Defense Intelligence Enterprise 
Sec. 6421. Inclusion of Space Force as element of intelligence community. 
Sec. 6422. Oversight of Defense Intelligence Agency culture. 
Subtitle D—Other Elements 
Sec. 6431. Modification of advisory board in National Reconnaissance Office. 
Sec. 6432. Establishment of advisory board for National Geospatial-Intelligence 
Agency. 
Sec. 6433. Elevation of the commercial and business operations office of the Na-
tional Geospatial-Intelligence Agency. 
Sec. 6435. Study on personnel under Strategic Intelligence Partnership Program. 
Sec. 6436. Briefing on coordination between intelligence community and Bureau 
of Industry and Security. 
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TITLE LXV—MATTERS RELATING TO FOREIGN COUNTRIES 
Subtitle A—Intelligence Matters Relating to the People’s Republic of China 
Sec. 6501. Report on wealth and corrupt activities of the leadership of the Chinese 
Communist Party. 
Sec. 6502. Identification and threat assessment of companies with investments by 
the People’s Republic of China. 
Sec. 6503. Intelligence community working group for monitoring the economic 
and technological capabilities of the People’s Republic of China. 
Sec. 6504. Annual report on concentrated reeducation camps in the Xinjiang 
Uyghur Autonomous Region of the People’s Republic of China. 
Sec. 6505. Assessments of production of semiconductors by the People’s Republic 
of China. 
Subtitle B—Miscellaneous Authorities, Requirements, and Limitations 
Sec. 6511. Notice of deployment or transfer of containerized missile systems by 
Russia, China, or Iran. 
Sec. 6512. Intelligence community coordinator for Russian atrocities account-
ability. 
Sec. 6513. Lead intelligence community coordinator for countering and neutral-
izing proliferation of Iran-origin unmanned aircraft systems. 
Sec. 6514. Collaboration between intelligence community and Department of 
Commerce to counter foreign commercial threats. 
Sec. 6515. Intelligence assessment on foreign weaponization of advertisement tech-
nology data. 
Sec. 6516. Intelligence community assessment regarding Russian gray zone assets. 
Subtitle C—Reports and Other Matters 
Sec. 6521. Report on assessing will to fight. 
Sec. 6522. Report on threat from hypersonic weapons. 
Sec. 6523. Report on ordnance of Russia and China. 
Sec. 6524. Report on activities of China and Russia targeting Latin America and 
the Caribbean. 
Sec. 6525. Report on support provided by China to Russia. 
Sec. 6526. Report on global CCP financing of port infrastructure. 
Sec. 6527. Sense of Congress on provision of support by intelligence community 
for atrocity prevention and accountability. 
TITLE LXVI—INTELLIGENCE COMMUNITY WORKFORCE MATTERS 
Sec. 6601. Improving onboarding of personnel in intelligence community. 
Sec. 6602. Report on legislative action required to implement Trusted Workforce 
2.0 initiative. 
Sec. 6603. Inspector General of the Intelligence Community assessment of admin-
istration of polygraphs in intelligence community. 
Sec. 6604. Timeliness in the administration of polygraphs. 
Sec. 6605. Policy on submittal of applications for access to classified information 
for certain personnel. 
Sec. 6606. Technical correction regarding Federal policy on sharing of covered in-
sider threat information. 
Sec. 6607. Inspector General of the Intelligence Community report on use of space 
certified as sensitive compartmented information facilities. 
Sec. 6608. Improving prohibition of certain personnel practices in intelligence 
community with respect to contractor employees. 
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Sec. 6609. Definitions regarding whistleblower complaints and information of ur-
gent concern received by inspectors general of the intelligence 
community. 
TITLE LXVII—MATTERS RELATING TO EMERGING TECHNOLOGIES 
Subtitle A—General Matters 
Sec. 6701. Definitions. 
Sec. 6702. Additional responsibilities of Director of National Intelligence for arti-
ficial intelligence policies, standards, and guidance for the intel-
ligence community. 
Sec. 6703. Director of Science and Technology. 
Sec. 6704. Intelligence Community Chief Data Officer. 
Subtitle B—Improvements Relating to Procurement 
Sec. 6711. Additional transaction authority. 
Sec. 6712. Implementation plan and advisability study for offices of commercial 
integration. 
Sec. 6713. Pilot program on designated emerging technology transition projects. 
Sec. 6714. Harmonization of authorizations to operate. 
Sec. 6715. Plan to expand sensitive compartmented information facility access by 
certain contractors; reports on expansion of security clearances 
for certain contractors. 
Sec. 6716. Compliance by intelligence community with requirements of Federal 
Acquisition Regulation relating to commercially available off- 
the-shelf items and commercial services. 
Sec. 6717. Policy on required user adoption metrics in certain contracts for arti-
ficial intelligence and emerging technology software products. 
Sec. 6718. Certification relating to information technology and software systems. 
Subtitle C—Reports 
Sec. 6721. Reports on integration of artificial intelligence within intelligence 
community. 
Sec. 6722. Report on potential benefits of establishment of ICWERX. 
Sec. 6723. Requirements and report on workforce needs of intelligence community 
relating to science, technology, engineering, and math, and re-
lated areas. 
Subtitle D—Talent, Education, and Training 
Sec. 6731. Report on establishment of technology acquisition cadre. 
Sec. 6732. Emerging technology education and training. 
Subtitle E—Other Matters 
Sec. 6741. Improvements to use of commercial software products. 
Sec. 6742. Code-free artificial intelligence enablement tools policy. 
TITLE LXVIII—OTHER MATTERS 
Sec. 6801. Improvements relating to continuity of Privacy and Civil Liberties 
Oversight Board membership. 
Sec. 6802. Modification of requirement for office to address unidentified anoma-
lous phenomena. 
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Sec. 6803. Comptroller General of the United States audits and briefings on un-
identified anomalous phenomena historical record report. 
Sec. 6804. Report on precursor chemicals used in the production of synthetic 
opioids. 
Sec. 6805. Assessment and report on mass migration in the Western Hemisphere. 
Sec. 6806. Report on international norms, rules, and principles applicable in 
space. 
Sec. 6807. Assessments of the effects of sanctions imposed with respect to the Rus-
sian Federation’s invasion of Ukraine. 
Sec. 6808. Assessment of impact of Russia’s invasion of Ukraine on food security. 
Sec. 6809. Pilot program for Director of Federal Bureau of Investigation to un-
dertake an effort to identify International Mobile Subscriber 
Identity-catchers. 
Sec. 6810. Department of State Bureau of Intelligence and Research assessment 
of anomalous health incidents. 
Sec. 6811. Repeal and modification of certain reporting and briefing require-
ments. 
Sec. 6812. Increased intelligence-related engineering, research, and development 
capabilities of minority institutions. 
Sec. 6813. Reports on personnel vetting processes and progress under Trusted 
Workforce 2.0 initiative. 
Sec. 6814. Reports relating to programs of record of National Geospatial-Intel-
ligence Agency. 
Sec. 6815. Plan regarding Social Media Data and Threat Analysis Center. 
Sec. 6816. Report on use of publicly available social media information in per-
sonnel vetting determinations. 
Sec. 6817. Report on strengthening workforce diversity planning and oversight. 
Sec. 6818. Report on transition of National Reconnaissance Office to digital engi-
neering environment. 
Sec. 6819. Briefing on Department of Homeland Security intelligence activities. 
Sec. 6820. Report on declassification efforts of Central Intelligence Agency. 
Sec. 6821. Report on National Space Intelligence Center. 
Sec. 6822. Report on implementation of Executive Order 13556, regarding con-
trolled unclassified information. 
Sec. 6823. National Museum of Intelligence and Special Operations. 
Sec. 6824. Technical corrections. 
SEC. 6002. DEFINITIONS. 
In this division: 
(1) CONGRESSIONAL
INTELLIGENCE
COMMIT-
TEES.—The term ‘‘congressional intelligence commit-
tees’’ has the meaning given such term in section 3 
of the National Security Act of 1947 (50 U.S.C. 
3003). 
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(2) INTELLIGENCE COMMUNITY.—The term ‘‘in-
telligence community’’ has the meaning given such 
term in such section. 
SEC. 6003. EXPLANATORY STATEMENT. 
The explanatory statement regarding this division, 
printed in the House section of the Congressional Record 
by the Chairman of the Permanent Select Committee on In-
telligence of the House of Representatives and in the Senate 
section of the Congressional Record by the Chairman of the 
Select Committee on Intelligence of the Senate, shall have 
the same effect with respect to the implementation of this 
division as if it were a joint explanatory statement of a 
committee of conference. 
TITLE LXI—INTELLIGENCE 
ACTIVITIES 
SEC. 6101. AUTHORIZATION OF APPROPRIATIONS. 
Funds are hereby authorized to be appropriated for fis-
cal year 2023 for the conduct of the intelligence and intel-
ligence-related activities of the Federal Government. 
SEC. 6102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 
(a) SPECIFICATIONS OF AMOUNTS.—The amounts au-
thorized to be appropriated under section 6101 for the con-
duct of the intelligence activities of the Federal Government 
are those specified in the classified Schedule of Authoriza-
tions prepared to accompany this division. 
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(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU-
THORIZATIONS.— 
(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 suit-
able distribution of the classified Schedule of Author-
izations referred to in subsection (a), or of appro-
priate 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 ex-
cept— 
(A) as provided in section 601(a) of the Im-
plementing Recommendations of the 9/11 Com-
mission 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. 
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SEC. 6103. INTELLIGENCE COMMUNITY MANAGEMENT AC-
COUNT. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated for the Intelligence Commu-
nity Management Account of the Director of National Intel-
ligence for fiscal year 2023 the sum of $664,445,000. 
(b) CLASSIFIED
AUTHORIZATION
OF
APPROPRIA-
TIONS.—In addition to amounts authorized to be appro-
priated for the Intelligence Community Management Ac-
count by subsection (a), there are authorized to be appro-
priated for the Intelligence Community Management Ac-
count for fiscal year 2023 such additional amounts as are 
specified in the classified Schedule of Authorizations re-
ferred to in section 6102(a). 
SEC. 6104. RESTRICTION ON CONDUCT OF INTELLIGENCE 
ACTIVITIES. 
The authorization of appropriations by this division 
shall not be deemed to constitute authority for the conduct 
of any intelligence activity which is not otherwise author-
ized by the Constitution or the laws of the United States. 
SEC. 6105. 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 
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amounts as may be necessary for increases in such com-
pensation or benefits authorized by law. 
TITLE 
LXII—CENTRAL 
INTEL-
LIGENCE 
AGENCY 
RETIRE-
MENT AND DISABILITY SYS-
TEM 
SEC. 6201. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated for the Central 
Intelligence Agency Retirement and Disability Fund 
$514,000,000 for fiscal year 2023. 
TITLE 
LXIII—GENERAL 
INTEL-
LIGENCE 
COMMUNITY 
MAT-
TERS 
SEC. 6301. MODIFICATION OF REQUIREMENTS FOR CER-
TAIN EMPLOYMENT ACTIVITIES BY FORMER 
INTELLIGENCE OFFICERS AND EMPLOYEES. 
(a) IN GENERAL.—Subsections (a) and (b) of section 
304 of the National Security Act of 1947 (50 U.S.C. 3073a) 
are amended to read as follows: 
‘‘(a) POST-EMPLOYMENT RESTRICTIONS.— 
‘‘(1) COVERED POST-SERVICE POSITION.— 
‘‘(A) PERMANENT RESTRICTION.—Except as 
provided by paragraph (2)(A)(i), an employee of 
an element of the intelligence community who oc-
cupies a covered intelligence position may not 
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occupy a covered post-service position for a des-
ignated prohibited foreign country following the 
date on which the employee ceases to occupy a 
covered intelligence position. 
‘‘(B) TEMPORARY RESTRICTION.—Except as 
provided by paragraph (2)(A)(ii), an employee 
of an element of the intelligence community who 
occupies a covered intelligence position may not 
occupy a covered post-service position during the 
30-month period following the date on which the 
employee ceases to occupy a covered intelligence 
position. 
‘‘(2) WAIVER.— 
‘‘(A) AUTHORITY
TO
GRANT
TEMPORARY 
WAIVER.— 
‘‘(i) WAIVERS
OF
PERMANENT
RE-
STRICTION.—On a case-by-case basis, the 
Director of National Intelligence may tem-
porarily waive the restriction in paragraph 
(1)(A) with respect to an employee or 
former employee who is subject to that re-
striction only after— 
‘‘(I) the employee or former em-
ployee submits to the Director a writ-
ten application for such waiver in such 
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form and manner as the Director de-
termines appropriate; 
‘‘(II) the Director determines that 
not granting such waiver would result 
in a grave detrimental impact to cur-
rent or future intelligence operations of 
the United States; and 
‘‘(III) the Director provides the 
congressional intelligence committees 
with a detailed justification stating 
why not granting such waiver would 
result in a grave detrimental impact to 
current or future intelligence oper-
ations of the United States. 
‘‘(ii) WAIVERS
OF
TEMPORARY
RE-
STRICTION.—On a case-by-case basis, the 
Director may temporarily waive the restric-
tion in paragraph (1)(B) with respect to an 
employee or former employee who is subject 
to that restriction only after— 
‘‘(I) the employee or former em-
ployee submits to the Director a writ-
ten application for such waiver in such 
form and manner as the Director de-
termines appropriate; and 
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‘‘(II) the Director determines that 
such waiver is necessary to advance the 
national 
security 
interests 
of 
the 
United States. 
‘‘(B) PERIOD OF WAIVER.—A waiver issued 
under subparagraph (A) shall apply for a period 
not exceeding 5 years. The Director may renew 
such a waiver. 
‘‘(C) REVOCATION.—The Director may re-
voke a waiver issued under subparagraph (A) to 
an employee or former employee, effective on the 
date that is 60 days after the date on which the 
Director provides the employee or former em-
ployee written notice of such revocation. 
‘‘(D) TOLLING.—The 30-month restriction 
in paragraph (1)(B) shall be tolled for an em-
ployee or former employee during the period be-
ginning on the date on which a waiver is issued 
under subparagraph (A) and ending on the date 
on which the waiver expires or on the effective 
date of a revocation under subparagraph (C), as 
the case may be. 
‘‘(E) NOTIFICATION.—Not later than 30 
days after the date on which the Director issues 
a waiver under subparagraph (A) or a revoca-
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‘‘(I) the details of the waiver, in-
cluding any renewals of such waiver, 
and the dates of such waiver and re-
newals; and 
‘‘(II) the specific reasons why the 
Director determined that such revoca-
tion is warranted. 
‘‘(b) COVERED POST-SERVICE EMPLOYMENT REPORT-
ING.— 
‘‘(1) REQUIREMENT.—During the period de-
scribed in paragraph (2), an employee who ceases to 
occupy a covered intelligence position shall— 
‘‘(A) report covered post-service employment 
to the head of the element of the intelligence com-
munity that employed such employee in such 
covered intelligence position upon accepting such 
covered post-service employment; and 
‘‘(B) annually (or more frequently if the 
head of such element considers it appropriate) 
report covered post-service employment to the 
head of such element. 
‘‘(2) PERIOD DESCRIBED.—The period described 
in this paragraph is the period beginning on the date 
on which an employee ceases to occupy a covered in-
telligence position. 
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‘‘(3) REGULATIONS.—The head of each element of 
the intelligence community shall issue regulations re-
quiring, as a condition of employment, each employee 
of such element occupying a covered intelligence posi-
tion to sign a written agreement requiring the regular 
reporting of covered post-service employment to the 
head of such element pursuant to paragraph (1).’’. 
(b) DEFINITION OF DESIGNATED PROHIBITED FOR-
EIGN COUNTRY.—Subsection (g) of such section is amend-
ed— 
(1) by redesignating paragraphs (4) through (6) 
as paragraphs (5) through (7), respectively; and 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) DESIGNATED PROHIBITED FOREIGN COUN-
TRY.—The term ‘designated prohibited foreign coun-
try’ means the following: 
‘‘(A) The People’s Republic of China. 
‘‘(B) The Russian Federation. 
‘‘(C) The Democratic People’s Republic of 
Korea. 
‘‘(D) The Islamic Republic of Iran. 
‘‘(E) The Republic of Cuba. 
‘‘(F) The Syrian Arab Republic.’’. 
(c) ADDITIONAL WRITTEN NOTICE.— 
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(1) IN GENERAL.—Subsection (d) of such section 
is amended by adding at the end the following: 
‘‘(3) WRITTEN NOTICE ABOUT RESTRICTIONS.— 
The head of each element of the intelligence commu-
nity shall provide written notice of the restrictions 
under subsection (a) to any person who may be sub-
ject to such restrictions on or after the date of enact-
ment of the Intelligence Authorization Act for Fiscal 
Year 2023— 
‘‘(A) when the head of the element deter-
mines that such person may become subject to 
such covered intelligence position restrictions; 
and 
‘‘(B) before the person ceases to occupy a 
covered intelligence position.’’. 
(2) CONFORMING AMENDMENT.—Paragraph (2) 
of such subsection is amended in the paragraph head-
ing by adding ‘‘ABOUT REPORTING REQUIREMENTS’’ 
after ‘‘WRITTEN NOTICE’’. 
(d) REVISED REGULATIONS.— 
(1) DEFINITION OF COVERED INTELLIGENCE PO-
SITION.—In this subsection, the term ‘‘covered intel-
ligence position’’ has the meaning given such term by 
such section 304. 
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(2) SUBMISSION.—Not later than 30 days after 
the date of the enactment of this Act, the head of each 
element of the intelligence community shall submit to 
the congressional intelligence committees new or up-
dated regulations issued to carry out such section 304, 
as amended by subsections (a), (b), and (c) of this sec-
tion. 
(3) REQUIREMENTS.—The regulations issued 
under paragraph (1) shall— 
(A) include provisions that advise personnel 
of the intelligence community of the appropriate 
manner in which such personnel may opt out of 
positions that— 
(i) have been designated as covered in-
telligence positions before the effective date 
established in subsection (e) of this section; 
or 
(ii) may be designated as covered intel-
ligence provisions before such designation 
becomes final; and 
(B) establish a period of not fewer than 30 
days and not more than 60 days after receipt of 
the written notice required under paragraph (3) 
of subsection (d) of such section 304, as added by 
subsection (c)(1) of this section, within which 
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such personnel may opt out of a covered intel-
ligence position and the accompanying obliga-
tions imposed by subsection (a)(1)(A) of such 
section 304, as amended by subsection (a) of this 
section. 
(4) CERTIFICATION.—Not later than 180 days 
after the date of the enactment of this Act, the Direc-
tor of National Intelligence shall submit to the con-
gressional intelligence committees— 
(A) a written certification for each head of 
an element of the intelligence community who 
has issued new or updated regulations pursuant 
to paragraph (2); and 
(B) for each head of an element of the intel-
ligence community who has not issued such new 
or updated regulations, an explanation for the 
failure to issue such new or updated regulations. 
(e) EFFECTIVE
DATE
OF
PERMANENT
RESTRIC-
TIONS.—Subsection (a)(1)(A) of such section 304, as 
amended by subsection (a) of this section, shall apply only 
to persons who occupy a covered intelligence position on 
or after the date that is 45 days after the date on which 
new or updated regulations are issued under subsection 
(d)(2) of this section. 
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(f) REPEAL.—Section 402 of the Intelligence Author-
ization Act for Fiscal Year 1997 (Public Law 104–293) is 
hereby repealed. 
SEC. 6302. COUNTERINTELLIGENCE AND NATIONAL SECU-
RITY PROTECTIONS FOR INTELLIGENCE COM-
MUNITY GRANT FUNDING. 
(a) IN GENERAL.—Title I of the National Security Act 
of 1947 (50 U.S.C. 3021 et seq.) is amended by adding at 
the end the following: 
‘‘SEC. 121. COUNTERINTELLIGENCE AND NATIONAL SECU-
RITY PROTECTIONS FOR INTELLIGENCE COM-
MUNITY GRANT FUNDING. 
‘‘(a) DISCLOSURE AS CONDITION FOR RECEIPT OF 
GRANT.—The head of an element of the intelligence commu-
nity may not award a grant to a person or entity unless 
the person or entity has certified to the head of the element 
that the person or entity has disclosed to the head of the 
element any material financial or material in-kind support 
that the person or entity knows, or should have known, de-
rives from the People’s Republic of China, the Russian Fed-
eration, the Islamic Republic of Iran, the Democratic Peo-
ple’s Republic of Korea, or the Republic of Cuba, during 
the 5-year period ending on the date of the person or enti-
ty’s application for the grant. 
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