Sec. 1258. Requirement to update the National Disclosure Policy
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Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the National Disclosure Policy Committee (in this section referred to as the Committee ) shall develop and submit to Congress a framework for revising and updating the National Disclosure Policy (NDP–1). The framework developed pursuant to subsection
(a)shall include the following: A comprehensive assessment of emerging and advanced defense items, including artificial intelligence, directed energy, microwave systems, counter-unmanned aerial systems, missile defense, machine learning, cybersecurity, quantum technologies, hypersonic, and autonomous systems, and necessary updates to NDP–1 to enable the transfer and sharing of this technology with United States allies and partners. Guidelines for balancing national security considerations with the need to share critical information and technology with allies and partners to enhance interoperability and collective security. Recommendations for updating the NDP–1 to help bolster the defense industrial base and accommodate the use of emerging and advanced defense items in multi-domain operations, joint military exercises, and allied operational requirements. Mechanisms to accelerate the approval process for disclosures, ensuring timely and effective information sharing. Not later than one year after the first submittal of the framework to Congress pursuant to subsection
(a)and on an annual recurring basis thereafter, the Committee shall implement revisions to the National Disclosure Policy based on the recommendations and any future recommendation based upon the stakeholder engagement in subsection
(c)contained in the framework. Revisions implemented pursuant to paragraph
(1)shall— include specific provisions addressing the secure disclosure of emerging and advanced technologies to allies and partners of the United States; establish metrics to evaluate the effectiveness of the updated policy in enhancing security, interoperability, and interchangeability; and establish a mechanism to ensure that the stakeholder engagement required by subsection
(c)informs revisions. In carrying out subsections (a), (b), and (c), the Committee shall, not less frequently than once every 6 months, consult with the following: Representatives of such governments that are allies or partners of the United States as the Committee considers appropriate, to gather input on enhancing interoperability, interchangeability, and collaborative security measures. Such representatives from the defense industry as the Committee considers appropriate, including representatives from nontraditional defense contractors (as defined by section 3014 of title 10, United States Code). The Under Secretary of Defense for Policy, in coordination with the Director of the Defense Technology Security Administration, shall submit with the budget submission each year a report to Congress detailing— progress made in implementing the updated NDP–1; challenges encountered and actions taken to address them; recommendations for further updates or legislative actions to enhance the policy; a description of the roles and missions of the committees and subcommittees of the Department of Defense’s Technology Security and Foreign Disclosure enterprise and a detailed explanation of how these bodies report back to the Arms Transfer and Technology Release Senior Steering Group; and an explanation of negative determinations of technology. If necessary, the annual report shall include a classified annex to address sensitive national security information. The submission shall include a publicly releasable annex to be made available upon submission of the report to Congress.