; or (3) is responsible for or complicit in inciting a foreign person to engage in an activity described in paragraph (1). (b) Form; updates; removal (1) Form The list required by subsection (a) shall be transmitted in unclassified form and shall be published in the Federal Register without regard to the requirements of section 222(f) of the Immigration and Nationality Act ( 8 U.S.C. 1202(f) ) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States, except that the President may include a person in a classified, unpublished annex to such list if the President— (A) determines that— (i) it is vital for the national security interests of the United States to do so; and (ii) the use of such annex, and the inclusion of such person in such annex, would not undermine the overall purpose of this section to publicly identify foreign persons engaging in the conduct described in subsection (a)(1) in order to increase accountability for such conduct; and (B) not later than 15 days before including such person in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including or continuing to include each foreign person in the classified annex despite the existence of any publicly available credible information indicating that the foreign person engaged in an activity described in paragraph (1) or (2) of subsection (a). (2) Updates The President shall transmit to the appropriate congressional committees an update of the list required by subsection (a) as new information becomes available. (3) Removal A person may be removed from the list required by subsection (a) if the President determines and reports to the appropriate congressional committees not later than 15 days before the removal of the person from the list that— (A) credible information exists that the person did not engage in the activity for which the person was added to the list