H.R. 5167 — what changed

added The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States.

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

added Section 102A(n)(6)(C) of the National Security Act of 1947 (50 U.S.C. 3024(n)(6)(C)) is amended—

added “(viii) The Director of the National Reconnaissance Office, if delegated the authority under subparagraph (B), may exercise the authority under clause (ii) by substituting “$500,000,000” for “$75,000,000” if the Director of the National Reconnaissance Office submits to the congressional intelligence committees notice of an agreement or transaction of an amount that exceeds $75,000,000 not later than 14 days before the agreement or transaction is entered into and certifies that the agreement or transaction is essential to meet critical national security objectives.”

added “123. Designation of senior officials for biotechnology

added “(a) Designation—The head of each element of the intelligence community specified in subsection (b) shall designate a senior official of such element to serve as the official responsible for the activities of such element relating to biotechnology.

added “(b) Specified elements—The elements of the intelligence community specified in this subsection are the following:

added “(1) The Office of the Director of National Intelligence.

added “(2) The Central Intelligence Agency.

added “(3) The National Security Agency.

added “(4) The Defense Intelligence Agency.

added “(5) The intelligence elements of the Federal Bureau of Investigation.

added “(6) The Office of Intelligence and Counterintelligence of the Department of Energy.

added “(7) The Bureau of Intelligence and Research of the Department of State.

added “(8) The Office of Intelligence and Analysis of the Department of Homeland Security.

added “(c) Notice to Congress—Not later than 15 days after designating a senior official under this section, the head of the element of the intelligence community designating such official shall submit to the congressional intelligence committees notice of the designation.”

added “1115. Prohibition on use of DeepSeek on intelligence community systems

added “(a) Prohibition—The Director of National Intelligence, in consultation with the other heads of the elements of the intelligence community, shall develop standards and guidelines for elements of the intelligence community that require the removal of any covered application from national security systems operated by an element of the intelligence community, a contractor to an element of the intelligence community, or another entity on behalf of an element of the intelligence community.

added “(b) Applicability of Information Security Requirements—The standards and guidelines developed under subsection (a) shall be consistent with the information security requirements under subchapter II of chapter 35 of title 44, United States Code.

added “(c) National Security and Research Exceptions—The standards and guidelines developed under subsection (a) shall include—

added “(1) exceptions for national security purposes and research activities; and

added “(2) risk mitigation standards and guidelines that shall apply in the case of an exception described in paragraph (1).

added “(d) Definitions—In this section:

added “(1) Covered application—The term “covered application” means the DeepSeek application or any successor application or service developed or provided by High Flyer or any successor entity.

added “(2) National security system—The term “national security system” has the meaning given the term in section 3552 of title 44, United States Code.”

added Title XI of the National Security Act of 1947 (50 U.S.C. 3231 et seq.), as amended by section 405 of this Act, is further amended by adding at the end the following new section:

added “1116. Knowledge management system for international cartels and other transnational criminal organizations

added “(a) Requirement for knowledge management system—The Director of National Intelligence, in consultation with the Attorney General, shall ensure that the intelligence community—

added “(1) makes use of the Transnational Organized Crime Identity Intelligence Platform or a successor knowledge management system to enable and enhance information management, information sharing, analysis, and collaboration across the intelligence community and between the intelligence community and Federal law enforcement agencies related to international cartels and other transnational criminal organizations; and

added “(2) provides all terrorism information (as defined in section 1016(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485(a))) to the National Counterterrorism Center, including terrorism information related to international cartels and other transnational criminal organizations designated as foreign terrorist organizations under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) or as a Specially Designated Global Terrorist under Executive Order 13224 (50 U.S.C. 1701 note) or any successor Executive order.

added “(b) Procedures—The Director of National Intelligence and the Attorney General shall each or jointly, as appropriate, issue procedures for collecting, storing, accessing, and disseminating data under the system described in subsection (a), including with respect to the organization of such data and security requirements for accessing such data. Such procedures shall be designed to encourage collaboration between elements of the intelligence community and between elements of the intelligence community and Federal law enforcement agencies with respect to international cartels and other transnational criminal organizations, including foreign terrorist organizations designated under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) and persons or entities designated as a Specially Designated Global Terrorist under Executive Order 13224 (50 U.S.C. 1701 note) or any successor Executive order.

added “(c) Intelligence Community input—The head of each element of the intelligence community shall—

added “(1) input all data described in subsection (a)(1) in the possession of such element into the system described in such subsection in accordance with the procedures established under subsection (b); and

added “(2) share all terrorism information described in subsection (a)(2) in the possession of such element with the National Counterterrorism Center.

added “(d) Briefings—Not later than June 30 and December 31 of each year through 2028, the Director of National Intelligence and the Attorney General shall jointly provide to the congressional intelligence committees a briefing on the implementation of this section. Such briefing shall include—

added “(1) the opinions of the Director and the Attorney General as to the effectiveness of the knowledge management system required under subsection (a);

added “(2) a description of any challenges identified by the Director or the Attorney General with the knowledge management system required under subsection (a);

added “(3) an indication of the level of compliance of each element of the intelligence community with the requirements of this section; and

added “(4) an assessment of the level of participation in the knowledge management system of Federal law enforcement agencies.”

added Title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) is amended by adding at the end the following new section:

added “517. Notice of impact of diplomatic and consular post closings on intelligence activities

added “(a) Notice required—Not later than 30 days after a covered closure of a diplomatic or consular post, the Director of National Intelligence, in consultation with the heads of the other appropriate elements of the intelligence community as determined by the Director, shall submit to the congressional intelligence committees a notice describing the impact of the closure on the activities of the intelligence community. Such notice shall include—

added “(1) a description of the impact, if any, of the closure on the activities or interests of the intelligence community;

added “(2) a plan to mitigate any adverse impacts to such elements caused by such closure; and

added “(3) a description of whether, and the extent to which, the Director and the heads of the other appropriate elements of the intelligence community—

added “(A) were consulted in the decision-making process with respect to such closure; and

added “(B) registered any concerns with or objections to such closure.

added “(b) Covered closure of a diplomatic or consular post defined—In this section, the term “covered closure of a diplomatic or consular post” means the closure of a United States diplomatic or consular post abroad that—

added “(1) is anticipated to last for 60 days or longer; or

added “(2) has lasted for 60 days or longer.”

added “(2)

added “(A) Not later than 180 days after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2026, the Director shall issue written guidance to ensure the timely identification and reporting of novel and significant expenditures in accordance with this subsection. Such guidance shall—

added “(i) establish a definition of a novel and significant expenditure for purposes of this subsection;

added “(ii) define internal procedures to evaluate expenditures to determine if such expenditures are novel and significant using the definition established pursuant to clause (i); and

added “(iii) require timely congressional notification in accordance with this subsection.

added “(B) The Director shall regularly review and update the guidance issued under this paragraph as appropriate.

added “(C) Not later than 60 days after the date on which the initial guidance is issued under this paragraph and not later than 60 days after the date on which any material revisions to such guidance take effect, the Director shall provide a briefing to the committees specified in paragraph (1) with respect to such guidance or such material revisions.”

added “15A. Authority regarding unmanned aircraft systems

added “(a) Authority to intercept—Notwithstanding sections 32, 2511(f), or 3121(a) of title 18, United States Code, the Director may take, and may authorize personnel of the Agency with assigned duties under section 15 that include the security or protection of people, facilities, or assets within the United States to take, the actions described in subsection (b)(1) to mitigate a credible threat to safety or security posed by an unmanned aircraft system in the airspace above any specially designated property.

added “(b) Authorized actions

added “(1) Actions described to ensure safety and security—The actions described in this paragraph are the following:

added “(A) During the operation of the unmanned aircraft system, detect, identify, monitor, and track the unmanned aircraft system, without prior consent, including by means of intercept or other access of a wire communication, an oral communication, or an electronic communication, used to control the unmanned aircraft system.

added “(B) Warn the operator of the unmanned aircraft system, including by passive or active, and by direct or indirect, physical, electronic, radio, and electromagnetic means.

added “(C) Disrupt control of the unmanned aircraft system, without prior consent, including by disabling the unmanned aircraft system by intercepting, interfering, or causing interference with wire, oral, electronic, or radio communications used to control the unmanned aircraft system.

added “(D) Seize or exercise control of the unmanned aircraft system.

added “(E) Seize or otherwise confiscate the unmanned aircraft system.

added “(F) Use reasonable force, if necessary, to disable, damage, or destroy the unmanned aircraft system.

added “(2) Limitation on actions

added “(A) Duration—In carrying out subsection (a), the Director may take an action described in paragraph (1) only for the period necessary to mitigate the threat to safety or security identified in subsection (a).

added “(B) Compliance—In carrying out subsection (a), the Director shall comply with the guidance developed under subsection (c).

added “(c) Guidance

added “(1) Development—The Director shall develop guidance for carrying out actions described in subsection (b)(1) and conducting research, testing, training, and evaluation under subsection (e) in coordination with the Secretary of Transportation and the Administrator of the Federal Aviation Administration to ensure that any such use of a system does not adversely affect or interfere with the safety and efficiency of the national airspace system.

added “(2) Contact requirement—The guidance under paragraph (1) shall include a requirement that the Director contact the Administrator of the Federal Aviation Administration through the appropriate channel before carrying out an action described in subsection (b)(1) or conducting research, testing, training, and evaluation under subsection (e).

added “(3) Updates—On an annual basis, the Director, in coordination with the Secretary of Transportation and the Administrator of the Federal Aviation Administration, shall review the guidance developed under paragraph (1) and make any necessary updates.

added “(d) Forfeiture—Any unmanned aircraft system described in subsection (a) that is seized by the Director is subject to forfeiture to the United States.

added “(e) Research, testing, training, and evaluation—The Director may, consistent with section 105(g) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(g)), other Federal laws, and Presidential directives, conduct research, testing, training on, and evaluation of any equipment, including any electronic equipment, to determine the capability and utility of the equipment prior to the use of the equipment for any action described in subsection (b)(1).

added “(f) Notifications

added “(1) Department of Justice notification—Not later than 15 days after the date on which the Director carries out an action described in subsection (b)(1), the Director shall notify the Attorney General of such action.

added “(2) Congressional notification—Not later than 90 days after the date on which the Director carries out an action described in subsection (b)(1), the Director shall submit to the appropriate congressional committees a notification of such action. Such notification shall include a description of—

added “(A) the action taken;

added “(B) options considered by the Director to mitigate any identified effects to the national airspace system relating to such action, including the minimization of the use of any technology that disrupts the transmission of radio or electronic signals; and

added “(C) whether any records or materials were transferred to the Attorney General pursuant to subparagraph (A) of subsection (g)(3), including the purpose of such transfer under subparagraph (B) of such subsection.

added “(g) Maintenance of materials

added “(1) Limit—Except as provided by paragraph (3), in carrying out an action described in subsection (b)(1), the Director may maintain records containing or regarding the content and dialing, signaling, routing, and addressing information associated with wire communications, oral communications, electronic communications, and radio communications, and may maintain parts or the whole of an unmanned aircraft system, only if such maintenance—

added “(A) is for the purpose of mitigating the threat to safety or security of persons; and

added “(B) does not exceed the period the Director determines necessary or 30 days, whichever is shorter.

added “(2) Destruction—Except as provided by paragraph (3), the Director shall destroy any records or materials maintained under paragraph (1) at the end of the period specified in paragraph (1).

added “(3) Exception

added “(A) Transfer—If the Attorney General determines that the maintenance of records or parts or the whole of an unmanned aircraft system under paragraph (1) is necessary for a longer period than authorized under such paragraph for a purpose described in subparagraph (B) of this paragraph, the Director shall transfer the records or parts or the whole of an unmanned aircraft system, as the case may be, to the Attorney General. The Attorney General shall—

added “(i) maintain the records or parts or the whole of an unmanned aircraft system for such purpose; and

added “(ii) destroy the records or parts or the whole of an unmanned aircraft system once such purpose no longer applies.

added “(B) Purpose described—A purpose described in this subparagraph is any of the following:

added “(i) The investigation or prosecution of a violation of law.

added “(ii) To comply with another provision of Federal law.

added “(iii) An obligation to preserve materials during the course of litigation.

added “(4) Certifications

added “(A) Agency—Each time the Director carries out an action described in subsection (b)(1), the Director shall certify that the Director is in compliance with paragraphs (1) and (2) of this subsection. The Director may only delegate the authority to make such certification to—

added “(i) the General Counsel or the Principal Deputy General Counsel; or

added “(ii) the Director of Operations or the Deputy Director of Operations.

added “(B) Department of Justice—Each time the Attorney General receives a transfer of records or parts or the whole of an unmanned aircraft system under paragraph (3), the Attorney General shall certify the date and purpose of the transfer and a description of the records or parts or the whole of an unmanned aircraft system.

added “(C) Retention—Each certification made under subparagraph (A) or (B) shall be retained by the Director or the Attorney General, respectively, for a period of at least seven years.

added “(h) Rule of construction—Nothing in this section may be construed as—

added “(1) affecting the authorities described in section 105(g) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805(g));

added “(2) vesting in the Director any authority of the Secretary of Transportation or the Administrator of the Federal Aviation Administration; or

added “(3) vesting in the Secretary or Administrator any authority of the Director.

added “(i) Budget—The Director shall submit to the congressional intelligence committees, as a part of the budget requests of the Agency for each fiscal year after fiscal year 2026, a consolidated funding display that identifies the funding source for the actions described in subsection (b)(1) within the Agency. The funding display shall be in unclassified form, but may contain a classified annex.

added “(j) Specially designated properties

added “(1) List—Specially designated properties covered by this section are properties listed in the classified annex accompanying the Intelligence Authorization Act for Fiscal Year 2026, or any subsequent Intelligence Authorization Act, that meet the criteria described in paragraph (3).

added “(2) Proposed modifications—On an annual basis, the Director shall submit to the appropriate congressional committees proposed modifications to the list of specially designated properties under paragraph (1) based on properties that meet the criteria described in paragraph (3).

added “(3) Criteria described—The criteria described in this paragraph are the following:

added “(A) The property consists of premises owned, leased, or controlled by the Agency or the Office of the Director of National Intelligence plus a designated perimeter adjacent to the premises.

added “(B) The property is identified by the Director, in coordination, with respect to potentially impacted airspace, with the Secretary of Transportation, through a risk-based assessment, as high-risk and a potential target for unlawful unmanned aircraft system-related activity.

added “(C) The property is located in the United States and is beneath airspace that is restricted by a temporary flight restriction, a determination under section 2209 of the FAA Extension, Safety, and Security Act of 2016 (49 U.S.C. 44802 note), or any other similar restriction determined appropriate by the Secretary of Transportation.

added “(D) The property directly relates to one or more functions authorized to be performed by the Agency under this Act or the National Security Act of 1947 (50 U.S.C. 3001 et seq.).

added “(4) Access—The chairmen and ranking minority members of the appropriate congressional committees specified in subsection (l)(1)(B) shall have access to the list of specially designated properties under paragraph (1), and each chairman and ranking minority member may designate one staff member of such committees who holds the appropriate security clearance to have such access.

added “(k) Termination—The authority to carry out this section shall terminate on December 31, 2029.

added “(l) Definitions—In this section:

added “(1) Appropriate congressional committees—The term “appropriate congressional committees” means the following:

added “(A) The Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.

added “(B) The Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

added “(2) Radio communication—The term “radio communication” has the meaning given that term in section 3 of the Communications Act of 1934 (47 U.S.C. 153).

added “(3) Title 18 terms—The terms “electronic communication”, “intercept”, “oral communication”, and “wire communication” have the meanings given those terms in section 2510 of title 18, United States Code.

added “(4) United States—The term “United States” has the meaning given that term in section 5 of title 18, United States Code.

added “(5) Unmanned aircraft system—The term “unmanned aircraft system” has the meaning given the term in section 44801 of title 49, United States Code.”

added Subchapter I of chapter 21 of title 10, United States Code, is amended by adding at the end the following new section:

added “430e. Requirement to avoid duplication in purchase of commercially available information

added “(a) Requirement for review prior to purchase—Except as provided in subsection (b), a defense intelligence component may not purchase commercially available information until the head of such component determines the information intended to be purchased is not already available for use by such component from another defense intelligence component.

added “(b) Exception

added “(1) The Under Secretary of Defense for Intelligence and Security may authorize a defense intelligence component to purchase information otherwise prohibited by subsection (a)—

added “(A) if the purchase is for the purpose of ensuring the quality and veracity of other information purchased or the performance of a vendor;

added “(B) to obtain a sample of information to determine whether the information would be duplicative of other information already available to the component;

added “(C) to maintain operational security of authorized activities of the Department of Defense; or

added “(D) if enforcing the prohibition would pose a significant harm to national security or intelligence activities.

added “(2) Not later than 30 days after the Under Secretary of Defense for Intelligence and Security authorizes the purchase of information pursuant to paragraph (1), the Under Secretary shall submit to the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives notice of the authorization, including a description of the information authorized to be purchased and an identification of the exception in subparagraph (A), (B), (C), or (D) of paragraph (1) that the Under Secretary applied to authorize such purchase.

added “(c) Commercially available information defined—In this section, the term “commercially available information” has the meaning given that term in section 601 of the Intelligence Authorization Act for Fiscal Year 2026.”

added “430f. Oversight and deconfliction of vendor support to clandestine activities

added “(a) Oversight capability—The Secretary of Defense shall establish, maintain, and continuously update a secure capability to facilitate oversight, deconfliction, and risk assessments of all commercial vendor support to the Department of Defense for clandestine activities, including support provided by subcontractors.

added “(b) Exclusions—Notwithstanding subsection (a), if the Secretary of Defense determines that information concerning a commercial vendor should not be made available for use by the capability required by subsection (a) due to operational, counterintelligence, or other national security concerns, the Secretary—

added “(1) may exclude such information from use by the capability required by subsection (a); and

added “(2) not later than 7 days after making a determination that such information should not be made available for use by such capability, shall submit to the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives notice of the determination that includes—

added “(A) the type or category of vendor that is the subject of such information;

added “(B) with respect to such vendor, a synopsis of the contract and the scope of work involved; and

added “(C) the rationale for excluding such information from use by the capability.

added “(c) Deconfliction—The Secretary of Defense shall ensure the capability required by subsection (a) is used to—

added “(1) deconflict the use of commercial vendors in support of clandestine activities of the Department of Defense; and

added “(2) assess operational risk and counterintelligence exposure attributable to the use of commercial vendors in support of clandestine activities of the Department of Defense.

added “(d) Clandestine activity Defined—In this section, the term clandestine activity means any activity where it is intended that the role of the United States Government will not be apparent or acknowledged publicly.”

added The Director of the National Reconnaissance Office may use funds authorized to be appropriated for commercial remote sensing to—

added Title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.), as amended by section 407 of this Act, is further amended by adding at the end the following new section:

added “518. Notice of counterintelligence assessments and investigations of Federal candidates or officeholders

added “(a) Notice

added “(1) Notice required—Except as provided in paragraph (3), the Director of the Federal Bureau of Investigation shall submit to congressional leadership, the congressional intelligence committees, and the chairmen and ranking minority members of the Committees on the Judiciary of the House of Representatives and the Senate notice of each counterintelligence assessment or investigation of an individual who is—

added “(A) a candidate for Federal office;

added “(B) a holder of Federal office; or

added “(C) a covered congressional employee.

added “(2) Contents—The notice required under paragraph (1) shall include—

added “(A) a summary of the relevant facts associated with the counterintelligence assessment or investigation; and

added “(B) the identity of such individual.

added “(3) Exception—The Director may refrain from providing a notice under paragraph (1) to an individual who is otherwise a recipient of notices under such paragraph if that individual is a target of the counterintelligence assessment or investigation covered by the notice.

added “(b) Timing—The Director shall submit each notice under subsection (a) not later than 5 days after the date of the commencement of the counterintelligence assessment or investigation that is the subject of such notice. With respect to counterintelligence assessments or investigations that commenced before the date of the enactment of this section and are ongoing as of such date of enactment, the Director shall submit each notice under subsection (a) not later than 5 days after such date of enactment.

added “(c) Identification of covered congressional employees

added “(1) Lists—The Director may use the lists provided under paragraph (2) to determine whether an individual is a covered congressional employee.

added “(2) Provision of lists—The Secretary of the Senate and the Clerk of the House of Representatives shall, not less than semiannually, each provide to the head of each element of the intelligence community a list of covered congressional employees of the Senate and the House of Representatives, respectively.

added “(3) Known congressional employees—Notwithstanding the lack of inclusion of a person on a list provided under paragraph (2), if a person that is subject to a counterintelligence assessment or investigation is known to the Federal Bureau of Investigation to be a covered congressional employee at the time of such counterintelligence assessment or investigation, the Director shall carry out this section as required when the subject of a counterintelligence assessment or investigation is a covered congressional employee.

added “(d) Definitions—In this section:

added “(1) Candidate; Federal office—The terms candidate and Federal office have the meanings given those terms in section 301 of the Federal Election Campaign Act of 1971 (52 U.S.C. 30101).

added “(2) Covered congressional employee—The term “covered congressional employee” means an employee or officer of—

added “(A) the Senate or the House of Representatives;

added “(B) a Senator or a Representative in, or Delegate or Resident Commissioner to, Congress; or

added “(C) a committee of the Senate or House of Representatives, or a joint committee of the Senate and House of Representatives.”

added “(4) The Director shall develop and implement requirements for all personnel of the Department of Energy that—

added “(A) require such personnel to—

added “(i) report to the Office any personal or official travel to a country of risk (as defined in section 6432(a) of the Intelligence Authorization Act for Fiscal Year 2025 (42 U.S.C. 7144b note)) or any other country the Director considers appropriate prior to beginning such travel;

added “(ii) at the request of personnel of the Office, receive briefings with respect to travel to such a country prior to beginning such travel; and

added “(iii) at the request of personnel of the Office, participate in debriefings after travel to such a country; and

added “(B) prohibit bringing an electronic device provided by the Department of Energy or that can access Department of Energy non-public systems or data to such a country unless travel to such country with such electronic device is approved by the Director.”

added In this title:

added “124. Efficient use of open-source intelligence

added “(a) Efficient use required—The Director of National Intelligence shall ensure that the intelligence community makes efficient and effective use of open-source intelligence.

added “(b) Designation of responsible officials

added “(1) In general—In carrying out subsection (a), the Director of National Intelligence, in consultation with the heads of the other elements of the intelligence community, shall designate an official of the intelligence community who shall be responsible for the implementation, standardization, and harmonization of the collection and use of open-source intelligence for each of the following areas:

added “(A) Training, tradecraft, and professionalization.

added “(B) Technology innovation and tool development.

added “(C) Data acquisition, cataloging, and sharing.

added “(D) Collection management and requirements.

added “(E) Partnerships and collaborations with entities that are not elements of the intelligence community, including with respect to the dissemination of open-source intelligence products and tools to departments and agencies of the Federal Government that are not elements of the intelligence community.

added “(F) Standards and governance.

added “(2) Authority to select single official for multiple areas—The Director of National Intelligence may designate a single official to be responsible for more than one of the areas identified in subparagraphs (A) through (F) of paragraph (1).

added “(c) Additional requirements for efficient use—In carrying out subsection (a), the Director of National Intelligence shall, to the extent practicable—

added “(1) minimize the duplication of open-source intelligence activities and open-source funding allocations among elements of the intelligence community; and

added “(2) ensure that all open-source intelligence efforts undertaken by elements of the intelligence community are appropriately coordinated, documented, and disclosed to the other elements of the intelligence community.

added “(d) Rule of construction—Nothing in this section shall be construed to affect the applicability of any law or regulation relating to the privacy or civil liberties of United States persons or data pertaining to United States persons.

added “(e) Open-source intelligence defined—The term “open-source intelligence” has the meaning given that term in section 601 of the Intelligence Authorization Act for Fiscal Year 2026.”

added Title I of the National Security Act of 1947 (50 U.S.C. 3021 et seq.), as amended by section 602 of this Act, is further amended by adding at the end the following new section:

added “125. Oversight of acquisition of commercially available information

added “(a) Designation—The Director of National Intelligence shall designate an official within the intelligence community to oversee the acquisition and management of commercially available information by the elements of the intelligence community.

added “(b) Duties—The official designated under subsection (a) shall—

added “(1) ensure there is deconfliction of the acquisition of commercially available information;

added “(2) prevent unnecessary duplicative acquisitions;

added “(3) maximize interoperability and data sharing and minimize acquisitions costs;

added “(4) coordinate information requirements between elements of the intelligence community and vendors providing commercially available information to ensure clear and concise specifications that outline the necessary features, quality standards, performance indicators, delivery timelines, and any other essential details;

added “(5) document such requirements in formats common to the elements of the intelligence community to ensure a shared understanding of the information being requested;

added “(6) establish an evaluation methodology to manage procurement metrics; and

added “(7) carry out such additional duties relating to the acquisition and management of commercially available information by the elements of the intelligence community as the Director of National Intelligence considers appropriate.

added “(c) Annual review—Not later than May 31, 2027, and annually thereafter for two years, the official designated under subsection (a) shall provide to the congressional intelligence committees a briefing on the acquisition of commercially available information.

added “(d) Commercially available information defined—The term “commercially available information” has the meaning given that term in section 601 of the Intelligence Authorization Act for Fiscal Year 2026.”

added “(8) In addition to other applicable requirements under this subsection, the head of an element of the intelligence community may not transfer, reprogram, or otherwise reduce amounts made available for open-source intelligence activities without the prior approval of the Director of National Intelligence, unless such amounts are less than any threshold established by the Director under paragraph (1)(A) with respect to requiring prior approval by the Director for transfers and reprogrammings.”

added “(10) The Director of National Intelligence shall—

added “(A) conduct regular oversight of the open-source intelligence activities of the elements of the intelligence community and evaluate the effectiveness of such activities; and

added “(B) ensure that the budget information provided under subsection (c)(2) includes information with respect to such activities.”

added Section 506 of the National Security Act of 1947 (50 U.S.C. 3096) is amended—

added “(5) With respect to fiscal years 2027 through 2029 and any additional fiscal years the Director of National Intelligence considers appropriate, the acquisition or use for intelligence purposes of publicly available information (as defined in section 601 of the Intelligence Authorization Act for Fiscal Year 2026), commercially available information (as defined in such section), or any other open-source information.”

added “(b) Additional information with respect to publicly available information, commercially available information, and other open-source information—The budget justification materials required by paragraph (5) of subsection (a) shall include—

added “(1) a summary of the primary activities and investments that the amount requested is intended to support;

added “(2) a disaggregation of such amount requested by program, budget category, expenditure center or subproject, and any other appropriate classification, as determined by the Director of National Intelligence;

added “(3) a comparison of the amount requested for each program for the fiscal year that is the subject of such materials and the amount made available for such program during the preceding fiscal year;

added “(4) the number of full-time equivalent civilian and military personnel assigned to open-source intelligence duties by program and across the intelligence community; and

added “(5) such other information as the Director of National Intelligence considers appropriate.”

added Title XI of the National Security Act of 1947 (50 U.S.C. 3231 et seq.), as amended by section 406 of this Act, is further amended by adding at the end the following new section:

added “1117. Standardization of training on collection of publicly available information and commercially available information

added “(a) Establishment of Training Course—Not later than one year after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2026, the official designated under section 125(a)(1) to be responsible for subparagraph (A) of such section, in consultation with the heads of the elements of the intelligence community, shall establish a training course on the collection of publicly available information and commercially available information for intelligence purposes.

added “(b) Completion of Course Required

added “(1) In general—The head of each element of the intelligence community shall require all personnel of such element whose duties include collection of publicly available information or commercially available information for intelligence purposes to satisfactorily complete the training course established under subsection (a). The head of each such element shall require the completion of such course—

added “(A) with respect to personnel of such element who are serving as such personnel on the date on which such training course is established, not later than 180 days after such date; and

added “(B) with respect to individuals who begin service as personnel of such element after the date on which such training course is established, not later than 90 days after beginning such service.

added “(2) Completion transferrable—Subject to subsection (c), completion of the training course established under subsection (a) while serving in any element of the intelligence community shall satisfy the requirement under paragraph (1) with respect to service in any other element of the intelligence community or in the same element of the intelligence community after a break in service.

added “(c) Additional Training—The head of each element of the intelligence community may require personnel of such element to complete training in collection or analysis of open-source intelligence that is in addition to the training course required under subsection (a) as the head of such element considers appropriate to support the mission of such element, including requiring recurring completion of such training course.

added “(d) Definitions—In this section, the terms “commercially available information”, “open-source intelligence”, and “publicly available information” have the meaning given those terms in section 601 of the Intelligence Authorization Act for Fiscal Year 2026.”

added Title XI of the National Security Act of 1947 (50 U.S.C. 3231 et seq.), as amended by section 606 of this Act, is further amended by adding at the end the following new section:

added “1118. Requirement to purge incidentally collected publicly available information or commercially available information relating to United States persons

added “(a) Requirement to purge—The head of each element of the intelligence community shall purge from such element any publicly available information or commercially available information relating to a United States person that is incidentally collected by such element.

added “(b) Definitions—In this section:

added “(1) Commercially available information—The term “commercially available information” has the meaning given the term in section 601 of the Intelligence Authorization Act for Fiscal Year 2026.

added “(2) Publicly available information—The term “publicly available information” has the meaning given the term in section 601 of the Intelligence Authorization Act for Fiscal Year 2026.

added “(3) United states person—The term “United States person” has the meaning given the term in section 105A.”

added During fiscal years 2026 and 2027, the head of each element of the intelligence community shall, on a quarterly basis, provide to the congressional intelligence committees a briefing on the obligation of any funds available under the National Intelligence Program or the Military Intelligence Program for the procurement of commercially available information during the preceding fiscal quarter, including with respect to the procurement of—

added “XII Intelligence Community Workforce Matters

added “1205. Unclassified appraisals of employees of the Defense Intelligence Agency

added “(a) Unclassified appraisals—The Director of the Defense Intelligence Agency shall ensure that—

added “(1) each performance appraisal of an employee of the Defense Intelligence Agency includes unclassified narrative input and unclassified rating scores for such employee from each person providing narrative input or rating scores for such appraisal; and

added “(2) such unclassified narrative input and unclassified rating scores are provided to such employee in unclassified form.

added “(b) Appraisals for departing employees

added “(1) Requirement—The Director of the Defense Intelligence Agency shall require the completion of a performance appraisal of any employee who—

added “(A) terminates employment with the Defense Intelligence Agency; and

added “(B) has not received a performance appraisal that was completed in accordance with the requirements of subsection (a) during the one and a half year period that ends on the date of termination of such employment.

added “(2) Timing of completion—A performance appraisal required under paragraph (1) shall be completed for an employee not later than 30 days after the date on which the employee terminates employment with the Defense Intelligence Agency.

added “(c) Waiver—The Director of the Defense Intelligence Agency may waive the requirements of subsections (a) and (b) with respect to any employee whose affiliation with the Defense Intelligence Agency is classified.”

added Title XII of the National Security Act of 1947, as added and amended by section 701 of this Act, is further amended by inserting after section 1202 the following new section:

added “1203. Prohibition on requiring political or ideological activism within the intelligence community

added “(a) Prohibition—The head of each element of the intelligence community shall ensure that—

added “(1) a covered individual is not required to engage in political or ideological activism as a condition for obtaining a positive personnel action; and

added “(2) a covered individual is not awarded additional points or otherwise be determined to be more likely to obtain a positive personnel decision based on engaging in political or ideological activism.

added “(b) Exception for maintenance of cover—Subsection (a) shall not apply with respect to requirements that a covered individual engage in political or ideological activism for the purposes of maintaining the cover of such individual, as determined by the head of the element of the intelligence community that would take a positive personnel action.

added “(c) Definitions—In this section:

added “(1) Covered individual—The term “covered individual” means—

added “(A) an applicant, employee, or former employee of an element of the intelligence community;

added “(B) an employee or former employee assigned or detailed to an element of the intelligence community;

added “(C) an employee or former employee of a contractor of an element of the intelligence community; or

added “(D) an individual contractor or former individual contractor of an element of the intelligence community.

added “(2) Political or ideological activism—The term “political or ideological activism” means affirmatively advocating for beliefs, affiliations, ideals, or principles regarding matters of contemporary political debate or social action, including through speech, attendance at events, or membership in organizations or groups.

added “(3) Positive personnel action—The term “positive personnel action” means, with regard to a covered individual, any of the following:

added “(A) An appointment requested by the covered individual.

added “(B) A promotion requested by the covered individual.

added “(C) A decision not to subject the covered individual to disciplinary or corrective action.

added “(D) A detail, transfer, or reassignment, requested by the covered individual.

added “(E) A decision not to subject the covered individual to a demotion, suspension, or termination.

added “(F) A reinstatement or restoration requested by the covered individual.

added “(G) A recommendation or positive performance evaluation.

added “(H) A decision concerning pay, benefits, or awards requested by the covered individual.

added “(I) A decision not to order or recommend medical testing or examination, including psychiatric testing or examination, that the covered individual does not request.

added “(J) The implementation or enforcement against the covered individual of any nondisclosure policy, form, or agreement.

added “(K) The granting of the response requested by the covered individual with respect to any claim of retaliatory action or harassment.

added “(L) A decision not to subject the covered individual to an investigation requested, directed, initiated, or conducted for the primary purpose of punishing, harassing, or ostracizing an individual for making a protected disclosure.

added “(M) A decision to provide education or training if such education or training may reasonably be expected to lead to an appointment, promotion, or performance evaluation.

added “(N) Any other significant change in duties, responsibilities, or working conditions, requested by the covered individual.”

added Title XII of the National Security Act of 1947, as added by section 701 and amended by sections 701 and 702 of this Act, is further amended by inserting after section 1203 the following new section:

added “1204. Merit-based personnel decisions

added “(a) Requirement—The head of each element of the intelligence community shall ensure that no personnel action (as defined in section 1104(a)) by such element is taken with a motivating factor of any of the following:

added “(1) A desire to reverse the impacts of societal discrimination based on race, color, religion, sex, sexual orientation, transgender status, or national origin.

added “(2) A desire to provide role models to or aid in recruitment of individuals of the same race, color, religion, sex, sexual orientation, transgender status, or national origin.

added “(3) A belief or assumption that certain viewpoints or experiences can be ascribed to a person based on race, color, religion, sex, sexual orientation, transgender status, or national origin.

added “(b) Rule of construction—Nothing in this section shall be construed to prohibit the head of an element of the intelligence community from taking into consideration linguistic ability, linguistic background, race, color, religion, sex, sexual orientation, transgender status, or national origin in those certain instances where such factor is a bona fide occupational qualification reasonably necessary for carrying out the job function, including maintenance of cover.”

added Section 102A(f)(3)(A)(iv) of the National Security Act of 1947 (50 U.S.C. 3024(f)(3)(A)(iv)) is amended by striking “through the recruitment” and all that follows and inserting a semicolon.

added “308. Treatment of certain Agency service as active-duty service for purposes of benefits administered by Secretary of Veterans Affairs

added “(a) Active-duty service—For purposes of the benefits administered by the Secretary of Veterans Affairs under title 38, United States Code, or any other provision of law, an injury or illness incurred or aggravated by the covered service of a qualifying veteran shall be treated as an injury or illness incurred or aggravated in line of duty in the active military, naval, air, or space service.

added “(b) Definitions—In this section:

added “(1) Active military, naval, air, or space service—The term “active military, naval, air, or space service” has the meaning given that term in section 101 of title 38, United States Code.

added “(2) Covered service—The term “covered service” means service performed by a qualifying veteran that meets the criteria specified in the classified annex accompanying the Intelligence Authorization Act for Fiscal Year 2026 or any subsequent Intelligence Authorization Act.

added “(3) Qualifying veteran—The term “qualifying veteran” means an employee of the Agency who is a veteran (as defined in section 101 of title 38, United States Code).”

added “1107B. Net assessments of the People’s Republic of China

added “(a) Net Assessments Required—The Director of National Intelligence, acting jointly through the National Intelligence Council and the National Intelligence Management Council and in consultation with the heads of the other elements of the intelligence community, shall conduct and regularly update net assessments of the economic, technological, financial, trade, industrial, and diplomatic power of the People’s Republic of China in comparison to the United States and the national security implications of the activities of the People’s Republic of China in those areas.

added “(b) Source Information—In conducting and updating net assessments under subsection (a), the Director of National Intelligence shall use—

added “(1) open-source information with respect to the portion of the assessment relating to the United States; and

added “(2) all-source information with respect to the portion of the assessment relating to the People’s Republic of China.

added “(c) Availability—The Director of National Intelligence shall, consistent with the protection of sources and methods, make net assessments required under this section readily available and accessible to other departments and agencies of the Federal Government and to the congressional intelligence committees.”

added Section 103M of the National Security Act of 1947 (50 U.S.C. 3034d) is amended by adding at the end the following new subsection:

added “(g) National Intelligence Manager for the People’s Republic of China

added “(1) Establishment—Not later than 180 days after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2026 and subject to paragraph (2), the Director of National Intelligence shall appoint a member of the National Intelligence Management Council as the National Intelligence Manager for matters relating to the People’s Republic of China.

added “(2) Waiver

added “(A) In general—The Director of National Intelligence may waive the requirement under paragraph (1) if the Director of National Intelligence submits to the congressional intelligence committees a certification that the appointment described in paragraph (1) would not advance the national security interests of the United States.

added “(B) Period of waiver—A waiver under subparagraph (A) shall apply for the two-year period beginning on the date on which the Director of National Intelligence submits the certification described in such subparagraph. The Director may renew the period of applicability of a waiver by submitting additional certifications under such subparagraph.

added “(3) Termination—The requirements of this subsection shall terminate on December 31, 2030.”

added Not later than one year after the date of the enactment of this Act, the Director of National Intelligence, acting through the National Intelligence Council, shall—

added Section 6512 of the Intelligence Authorization Act for Fiscal Year 2023 (division F of Public Law 117–263; 136 Stat. 3543; 50 U.S.C. 3025 note) is amended—

added “(2)

added “(A) Paragraph (1) shall not apply to the President, the Vice President, Members of Congress, or a justice or judge of the United States (as those terms are defined in section 451 of title 28, United States Code).

added “(B) Beginning not later than 90 days after the date of the Intelligence Authorization Act for Fiscal Year 2026, the Secretary of Energy, in coordination with the Director of National Intelligence, or such other officer of the United States acting as the Security Executive Agent pursuant to subsection (a) of section 803 of the National Security Act of 1947 (50 U.S.C. 3162a), shall—

added “(i) maintain an up-to-date list of each individual who holds a position described in subparagraph (A); and

added “(ii) verify that such individual is authorized to access Restricted Data by virtue of holding such a position—

added “(I) in coordination with the appropriate security official of the organization of the individual, including the Sergeants at Arms of the House of Representatives and the Senate with respect to Members of Congress; and

added “(II) in a manner that does not require more personally identifying information of the individual than the Director of National Intelligence requires to verify access by such individuals to classified information.”

added Section 22 of the National Security Agency Act of 1959 (50 U.S.C. 3620) is amended—

added “(2) Covered Intelligence Collection or Sharing Adjustment—The term “covered intelligence collection or sharing adjustment” means an action or inaction by the National Security Agency that results in a significant change to—

added “(A) the quantity of intelligence collected by the National Security Agency with respect to a foreign country, foreign organization, or senior leader of a foreign country or foreign organization; or

added “(B) policies or practices of the National Security Agency with respect to the sharing of intelligence with a foreign country, organization of foreign countries, or organization of countries of which the United States is a member.”

added “(c) Intelligence Community Drug Control Program Budget

added “(1) The Director of National Intelligence shall annually develop a consolidated Intelligence Community Drug Control Program Budget.

added “(2) Not later than 30 days after the date on which the Director of National Intelligence submits to the congressional intelligence committees the classified intelligence budget justification materials for a fiscal year under section 506J, the Director shall submit to such committees a summary of the consolidated Intelligence Community Drug Control Program Budget for that fiscal year. To the extent practicable, the Director shall organize such summary in a similar manner as the National Drug Control Program budget under section 704(c) of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1703(c)).

added “(3) Each summary under paragraph (2) shall include the following:

added “(A) A certification by the Director stating that the consolidated Intelligence Community Drug Control Program Budget is designed to implement the responsibilities of the intelligence community in support of the counter-drug efforts of the United States, as reflected in the National Drug Control Strategy under section 706 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1705) and the National Interdiction Command and Control Plan under section 711(a)(4) of such Act (21 U.S.C. 1710(a)(4)).

added “(B) A description of the key accomplishments of the intelligence community with respect to counternarcotics during the fiscal year in which the summary is submitted and the previous fiscal year.

added “(C) The total amounts requested for the National Intelligence Program for counternarcotics for the fiscal year covered by the summary and for the previous fiscal year.

added “(D) Each of the total amounts under subparagraph (C), disaggregated by each element of the intelligence community at the expenditure center, project, and subproject levels.

added “(E) Any other information the Director determines appropriate to provide the congressional intelligence committees with a consolidated, comprehensive, and detailed understanding of the amounts, activities, and purposes of the amounts requested for the National Intelligence Program for counternarcotics for the fiscal year covered by the summary.

added “(4) Each head of an element of the intelligence community shall timely provide to the Director of National Intelligence the information the Director requires to develop each summary under paragraph (2).”