Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018 and 2019
This bill authorizes for FY2018 and FY2019 the intelligence-related activities of the:
The bill also authorizes for FY2018 and FY2019 the CIA Retirement and Disability System and revises the computation of annuities under that system.
In addition, the bill:
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6237 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 6237
To authorize appropriations for fiscal years 2018 and 2019 for
intelligence and intelligence-related activities of the United States
Government, the Community Management Account, and the Central
Intelligence Agency Retirement and Disability System, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 27, 2018
Mr. Nunes introduced the following bill; which was referred to the
Permanent Select Committee on Intelligence, and in addition to the
Committee on Ways and Means, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal years 2018 and 2019 for
intelligence and intelligence-related activities of the United States
Government, the Community Management Account, and the Central
Intelligence Agency Retirement and Disability System, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; ORGANIZATION OF ACT INTO DIVISIONS.
(a) Short Title.--This Act may be cited as the ``Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018 and
2019''.
(b) Organization.--This Act is organized into two divisions as
follows:
(1) Division a.--Intelligence Authorization Act for Fiscal
Year 2018.
(2) Division b.--Intelligence Authorization Act for Fiscal
Year 2019.
DIVISION A--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2018
SEC. 101. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2018''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 101. Short title; table of contents.
Sec. 102. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 1101. Authorization of appropriations.
Sec. 1102. Classified Schedule of Authorizations.
Sec. 1103. Personnel ceiling adjustments.
Sec. 1104. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 1201. Authorization of appropriations.
Sec. 1202. Computation of annuities for employees of the Central
Intelligence Agency.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 1301. Restriction on conduct of intelligence activities.
Sec. 1302. Increase in employee compensation and benefits authorized by
law.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Sec. 1401. Authority for protection of current and former employees of
the Office of the Director of National
Intelligence.
Sec. 1402. Designation of the program manager-information sharing
environment.
Sec. 1403. Technical modification to the executive schedule.
TITLE V--REPORTS AND OTHER MATTERS
Sec. 1501. Period of overseas assignments for certain foreign service
officers.
Sec. 1502. Assessment of significant Russian influence campaigns
directed at foreign elections and
referenda.
Sec. 1503. Foreign counterintelligence and cybersecurity threats to
Federal election campaigns.
Sec. 1504. Intelligence community reports on security clearances.
Sec. 1505. Assessment of threat finance relating to Russia.
Sec. 1506. Report on cyber exchange program.
Sec. 1507. Review of Intelligence Community whistleblower matters.
Sec. 1508. Report on role of Director of National Intelligence with
respect to certain foreign investments.
Sec. 1509. Semiannual reports on investigations of unauthorized
disclosures of classified information.
Sec. 1510. Reports on intelligence community participation in
vulnerabilities equities process of Federal
Government.
Sec. 1511. Sense of Congress on notifications of certain disclosures of
classified information.
Sec. 1512. Technical amendments related to the Department of Energy.
SEC. 102. DEFINITIONS.
In this division, the terms ``congressional intelligence
committees'' and ``intelligence community'' have the meaning given
those terms in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal year 2018 for the conduct of the intelligence and intelligence-
related activities of the following elements of the United States
Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
(b) Certain Specific Authorization.--Funds appropriated by the
Department of Defense Missile Defeat and Defense Enhancements
Appropriations Act, 2018 (division B of Public Law 115-96) for
intelligence or intelligence-related activities are specifically
authorized by the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 3094), as specified in the classified
Schedule of Authorizations pursuant to section 1102, and are subject to
such section 504.
SEC. 1102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be
appropriated under section 1101 and, subject to section 1103, the
authorized personnel ceilings as of September 30, 2018, for the conduct
of the intelligence activities of the elements listed in paragraphs (1)
through (16) of section 1101, are those specified in the classified
Schedule of Authorizations prepared to accompany this division.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate, the
Committee on Appropriations of the House of Representatives,
and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations referred to in
subsection (a), or of appropriate portions of such Schedule,
within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the
Implementing Recommendations of the 9/11 Commission Act
of 2007 (50 U.S.C. 3306(a));
(B) to the extent necessary to implement the
budget; or
(C) as otherwise required by law.
SEC. 1103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Increases.--The Director of National Intelligence
may authorize employment of civilian personnel in excess of the number
authorized for fiscal year 2018 by the classified Schedule of
Authorizations referred to in section 1102(a) if the Director of
National Intelligence determines that such action is necessary to the
performance of important intelligence functions, except that the number
of personnel employed in excess of the number authorized under such
section may not, for any element of the intelligence community,
exceed--
(1) 3 percent of the number of civilian personnel
authorized under such schedule for such element; or
(2) 10 percent of the number of civilian personnel
authorized under such schedule for such element for the
purposes of converting the performance of any function by
contractors to performance by civilian personnel.
(b) Treatment of Certain Personnel.--The Director of National
Intelligence shall establish guidelines that govern, for each element
of the intelligence community, the treatment under the personnel levels
authorized under section 1102(a), including any exemption from such
personnel levels, of employment or assignment in--
(1) a student program, trainee program, or similar program;
(2) a reserve corps or as a reemployed annuitant; or
(3) details, joint duty, or long-term, full-time training.
(c) Notice to Congressional Intelligence Committees.--Not later
than 15 days prior to the exercise of an authority described in
subsection (a), the Director of National Intelligence shall submit to
the congressional intelligence committees--
(1) a written notice of the exercise of such authority; and
(2) in the case of an exercise of such authority subject to
the limitation in subsection (a)(2), a written justification
for the contractor conversion that includes a comparison of
whole-of-Government costs.
SEC. 1104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2018 the sum of
$546,900,000.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 797 positions as of September 30, 2018.
Personnel serving in such elements may be permanent employees of the
Office of the Director of National Intelligence or personnel detailed
from other elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
authorized to be appropriated for the Intelligence Community
Management Account for fiscal year 2018 such additional amounts
as are specified in the classified Schedule of Authorizations
referred to in section 1102(a). Such additional amounts made
available for advanced research and development shall remain
available until September 30, 2019.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2018, there are authorized such additional personnel for the
Community Management Account as of that date as are specified
in the classified Schedule of Authorizations referred to in
section 1102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 1201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2018 the sum of
$514,000,000.
SEC. 1202. COMPUTATION OF ANNUITIES FOR EMPLOYEES OF THE CENTRAL
INTELLIGENCE AGENCY.
(a) Computation of Annuities.--
(1) In general.--Section 221 of the Central Intelligence
Agency Retirement Act (50 U.S.C. 2031) is amended--
(A) in subsection (a)(3)(B), by striking the period
at the end and inserting ``, as determined by using the
annual rate of basic pay that would be payable for
full-time service in that position.'';
(B) in subsection (b)(1)(C)(i), by striking ``12-
month'' and inserting ``2-year'';
(C) in subsection (f)(2), by striking ``one year''
and inserting ``two years'';
(D) in subsection (g)(2), by striking ``one year''
each place such term appears and inserting ``two
years'';
(E) by redesignating subsections (h), (i), (j),
(k), and (l) as subsections (i), (j), (k), (l), and
(m), respectively; and
(F) by inserting after subsection (g) the
following:
``(h) Conditional Election of Insurable Interest Survivor Annuity
by Participants Married at the Time of Retirement.--
``(1) Authority to make designation.--Subject to the
rights of former spouses under subsection (b) and section 222,
at the time of retirement a married participant found by the
Director to be in good health may elect to receive an annuity
reduced in accordance with subsection (f)(1)(B) and designate
in writing an individual having an insurable interest in the
participant to receive an annuity under the system after the
participant's death, except that any such election to provide
an insurable interest survivor annuity to the participant's
spouse shall only be effective if the participant's spouse
waives the spousal right to a survivor annuity under this Act.
The amount of the annuity shall be equal to 55 percent of the
participant's reduced annuity.
``(2) Reduction in participant's annuity.--The annuity
payable to the participant making such election shall be
reduced by 10 percent of an annuity computed under subsection
(a) and by an additional 5 percent for each full 5 years the
designated individual is younger than the participant. The
total reduction under this subparagraph may not exceed 40
percent.
``(3) Commencement of survivor annuity.--The annuity
payable to the designated individual shall begin on the day
after the retired participant dies and terminate on the last
day of the month before the designated individual dies.
``(4) Recomputation of participant's annuity on death of
designated individual.--An annuity which is reduced under this
subsection shall, effective the first day of the month
following the death of the designated individual, be recomputed
and paid as if the annuity had not been so reduced.''.
(2) Conforming amendments.--
(A) Central intelligence agency retirement act.--
The Central Intelligence Agency Retirement Act (50
U.S.C. 2001 et seq.) is amended--
(i) in section 232(b)(1) (50 U.S.C.
2052(b)(1)), by striking ``221(h),'' and
inserting ``221(i),''; and
(ii) in section 252(h)(4) (50 U.S.C.
2082(h)(4)), by striking ``221(k)'' and
inserting ``221(l)''.
(B) Central intelligence agency act of 1949.--
Subsection (a) of section 14 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3514(a)) is
amended by striking ``221(h)(2), 221(i), 221(l),'' and
inserting ``221(i)(2), 221(j), 221(m),''.
(b) Annuities for Former Spouses.--Subparagraph (B) of section
222(b)(5) of the Central Intelligence Agency Retirement Act (50 U.S.C.
2032(b)(5)(B)) is amended by striking ``one year'' and inserting ``two
years''.
(c) Prior Service Credit.--Subparagraph (A) of section 252(b)(3) of
the Central Intelligence Agency Retirement Act (50 U.S.C.
2082(b)(3)(A)) is amended by striking ``October 1, 1990'' both places
that term appears and inserting ``March 31, 1991''.
(d) Reemployment Compensation.--Section 273 of the Central
Intelligence Agency Retirement Act (50 U.S.C. 2113) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Part-Time Reemployed Annuitants.--The Director shall have the
authority to reemploy an annuitant on a part-time basis in accordance
with section 8344(l) of title 5, United States Code.''.
(e) Effective Date and Application.--The amendments made by
subsection (a)(1)(A) and subsection (c) shall take effect as if enacted
on October 28, 2009, and shall apply to computations or participants,
respectively, as of such date.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 1301. 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 authorized by the Constitution or the
laws of the United States.
SEC. 1302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be increased
by such additional or supplemental amounts as may be necessary for
increases in such compensation or benefits authorized by law.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
SEC. 1401. AUTHORITY FOR PROTECTION OF CURRENT AND FORMER EMPLOYEES OF
THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE.
Section 5(a)(4) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3506(a)(4)) is amended by striking ``such personnel of the
Office of the Director of National Intelligence as the Director of
National Intelligence may designate;'' and inserting ``current and
former personnel of the Office of the Director of National Intelligence
and their immediate families as the Director of National Intelligence
may designate;''.
SEC. 1402. DESIGNATION OF THE PROGRAM MANAGER-INFORMATION-SHARING
ENVIRONMENT.
(a) Information-Sharing Environment.--Section 1016(b) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
485(b)) is amended--
(1) in paragraph (1), by striking ``President'' and
inserting ``Director of National Intelligence''; and
(2) in paragraph (2), by striking ``President'' both places
that term appears and inserting ``Director of National
Intelligence''.
(b) Program Manager.--Section 1016(f)(1) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C. 485(f)(1)) is amended by
striking ``The individual designated as the program manager shall serve
as program manager until removed from service or replaced by the
President (at the President's sole discretion).'' and inserting
``Beginning on the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2018, each individual designated as
the program manager shall be appointed by the Director of National
Intelligence.''.
SEC. 1403. TECHNICAL MODIFICATION TO THE EXECUTIVE SCHEDULE.
Section 5315 of title 5, United States Code, is amended by adding
at the end the following:
``Director of the National Counterintelligence and Security
Center.''.
TITLE V--REPORTS AND OTHER MATTERS
SEC. 1501. PERIOD OF OVERSEAS ASSIGNMENTS FOR CERTAIN FOREIGN SERVICE
OFFICERS.
(a) Length of Period of Assignment.--Subsection (a) of section 502
of the Foreign Service Act of 1980 (22 U.S.C. 3982) is amended by
adding at the end the following new paragraph:
``(3) In making assignments under paragraph (1), and in accordance
with section 903, and, if applicable, section 503, the Secretary shall
assure that a member of the Service may serve at a post for a period of
not more than six consecutive years.''.
(b) Foreign Language Deployment Requirements.--Section 702 of the
Foreign Service Act of 1980 (22 U.S.C. 4022) is amended by--
(1) redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Foreign Language Deployment Requirements.--
``(1) In general.--The Secretary of State, with the
assistance of other relevant officials, shall require all
members of the Service who receive foreign language training in
Arabic, Farsi, Chinese (Mandarin or Cantonese), Turkish,
Korean, and Japanese by the institution or otherwise in
accordance with subsection (b) to serve three successive tours
in positions in which the acquired language is both relevant
and determined to be a benefit to the Department.
``(2) Overseas deployments.--In carrying out paragraph (1),
at least one of the three successive tours referred to in such
paragraph shall be an overseas deployment.
``(3) Waiver.--The Secretary of State may waive the
application of paragraph (1) for medical or family hardship or
in the interest of national security.
``(4) Congressional notification.--The Secretary of State
shall notify the Committees on Appropriations and Foreign
Affairs of the House of Representatives and Committees on
Appropriations and Foreign Relations of the Senate at the end
of each fiscal year of any instances during the prior twelve
months in which the waiver authority described in paragraph (3)
was invoked.''.
SEC. 1502. ASSESSMENT OF SIGNIFICANT RUSSIAN INFLUENCE CAMPAIGNS
DIRECTED AT FOREIGN ELECTIONS AND REFERENDA.
(a) Assessment Required.--Not later than 60 days after the date of
the enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report containing
an analytical assessment of the most significant Russian influence
campaigns, if any, conducted during the 3-year period preceding the
date of the enactment of this Act, as well as the most significant
current or planned such Russian influence campaigns, if any. Such
assessment shall include--
(1) a summary of such significant Russian influence
campaigns, including, at a minimum, the specific means by which
such campaigns were conducted, are being conducted, or likely
will be conducted, as appropriate, and the specific goal of
each such campaign;
(2) a summary of any defenses against or responses to such
Russian influence campaigns by the foreign state holding the
elections or referenda;
(3) a summary of any relevant activities by elements of the
intelligence community undertaken for the purpose of assisting
the government of such foreign state in defending against or
responding to such Russian influence campaigns; and
(4) an assessment of the effectiveness of such defenses and
responses described in paragraphs (2) and (3).
(b) Form.--The report required by subsection (a) may be submitted
in classified form, but if so submitted, shall contain an unclassified
summary.
(c) Russian Influence Campaign Defined.--In this section, the term
``Russian influence campaign'' means any effort, covert or overt, and
by any means, attributable to the Russian Federation directed at an
election, referendum, or similar process in a country other than the
Russian Federation or the United States.
SEC. 1503. FOREIGN COUNTERINTELLIGENCE AND CYBERSECURITY THREATS TO
FEDERAL ELECTION CAMPAIGNS.
(a) Reports Required.--
(1) In general.--As provided in paragraph (2), for each
Federal election, the Director of National Intelligence, in
coordination with the Under Secretary of Homeland Security for
Intelligence and Analysis and the Director of the Federal
Bureau of Investigation, shall make publicly available on an
internet website an advisory report on foreign
counterintelligence and cybersecurity threats to election
campaigns for Federal offices. Each such report shall include,
consistent with the protection of sources and methods, each of
the following:
(A) A description of foreign counterintelligence
and cybersecurity threats to election campaigns for
Federal offices.
(B) A summary of best practices that election
campaigns for Federal offices can employ in seeking to
counter such threats.
(C) An identification of any publicly available
resources, including United States Government
resources, for countering such threats.
(2) Schedule for submittal.--A report under this subsection
shall be made available as follows:
(A) In the case of a report regarding a special
election held for the office of Senator or Member of
the House of Representatives during 2019, not later
than the date that is 60 days before the date of such
special election.
(B) In the case of a report regarding an election
for a Federal office during any subsequent year, not
later than the date that is 1 year before the date of
the election.
(3) Information to be included.--A report under this
subsection shall reflect the most current information available
to the Director of National Intelligence regarding foreign
counterintelligence and cybersecurity threats.
(b) Treatment of Campaigns Subject to Heightened Threats.--If the
Director of the Federal Bureau of Investigation and the Under Secretary
of Homeland Security for Intelligence and Analysis jointly determine
that an election campaign for Federal office is subject to a heightened
foreign counterintelligence or cybersecurity threat, the Director and
the Under Secretary, consistent with the protection of sources and
methods, may make available additional information to the appropriate
representatives of such campaign.
SEC. 1504. INTELLIGENCE COMMUNITY REPORTS ON SECURITY CLEARANCES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) despite sustained efforts by Congress and the executive
branch, an unacceptable backlog in processing and adjudicating
security clearances persists, both within elements of the
intelligence community and in other departments of the Federal
Government, with some processing times exceeding a year or even
more;
(2) the protracted clearance timetable threatens the
ability of elements of the intelligence community to hire and
retain highly qualified individuals, and thus to fulfill the
missions of such elements;
(3) the prospect of a lengthy clearance process deters some
such individuals from seeking employment with the intelligence
community in the first place, and, when faced with a long wait
time, those with conditional offers of employment may opt to
discontinue the security clearance process and pursue different
opportunities;
(4) now more than ever, therefore, the broken security
clearance process badly needs fundamental reform; and
(5) in the meantime, to ensure the ability of elements of
the intelligence community to hire and retain highly qualified
personnel, elements should consider, to the extent possible and
consistent with national security, permitting new employees to
enter on duty immediately or nearly so, and to perform, on a
temporary basis pending final adjudication of their security
clearances, work that either does not require a security
clearance or requires only a low-level interim clearance.
(b) In General.--Section 506H of the National Security Act of 1947
(50 U.S.C. 3104) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)(ii), by inserting ``and''
after the semicolon;
(B) in subparagraph (B)(ii), by striking ``; and''
and inserting a period; and
(C) by striking subparagraph (C);
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Intelligence Community Reports.--(1) Not later than March 1
of each year, the Director of National Intelligence shall submit to the
congressional intelligence committees, the Committee on Homeland
Security and Governmental Affairs of the Senate, and the Committee on
Homeland Security of the House of Representatives a report on the
security clearances processed by each element of the intelligence
community during the preceding fiscal year. Each such report shall
separately identify security clearances processed for Federal employees
and contractor employees sponsored by each such element.
``(2) Each report submitted under paragraph (1) shall include each
of the following for each element of the intelligence community for the
fiscal year covered by the report:
``(A) The total number of initial security clearance
background investigations sponsored for new applicants.
``(B) The total number of security clearance periodic
reinvestigations sponsored for existing employees.
``(C) The total number of initial security clearance
background investigations for new applicants that were
adjudicated with notice of a determination provided to the
prospective applicant, including--
``(i) the total number that were adjudicated
favorably and granted access to classified information;
and
``(ii) the total number that were adjudicated
unfavorably and resulted in a denial or revocation of a
security clearance.
``(D) The total number of security clearance periodic
background investigations that were adjudicated with notice of
a determination provided to the existing employee, including--
``(i) the total number that were adjudicated
favorably; and
``(ii) the total number that were adjudicated
unfavorably and resulted in a denial or revocation of a
security clearance.
``(E) The total number of pending security clearance
background investigations, including initial applicant
investigations and periodic reinvestigations, that were not
adjudicated as of the last day of such year and that remained
pending as follows:
``(i) For 180 days or less.
``(ii) For 180 days or longer, but less than 12
months.
``(iii) For 12 months or longer, but less than 18
months.
``(iv) For 18 months or longer, but less than 24
months.
``(v) For 24 months or longer.
``(F) In the case of security clearance determinations
completed or pending during the year preceding the year for
which the report is submitted that have taken longer than 12
months to complete--
``(i) an explanation of the causes for the delays
incurred during the period covered by the report; and
``(ii) the number of such delays involving a
polygraph requirement.
``(G) The percentage of security clearance investigations,
including initial and periodic reinvestigations, that resulted
in a denial or revocation of a security clearance.
``(H) The percentage of security clearance investigations
that resulted in incomplete information.
``(I) The percentage of security clearance investigations
that did not result in enough information to make a decision on
potentially adverse information.
``(3) The report required under this subsection shall be submitted
in unclassified form, but may include a classified annex.''; and
(4) in subsection (c), as redesignated by paragraph (2), by
striking ``subsection (a)(1)'' and inserting ``subsections
(a)(1) and (b)''.
SEC. 1505. ASSESSMENT OF THREAT FINANCE RELATING TO RUSSIA.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Assistant Secretary of the Treasury for
Intelligence and Analysis, shall submit to the congressional
intelligence committees a report containing an assessment of Russian
threat finance. The assessment shall be based on intelligence from all
sources, including from the Office of Terrorism and Financial
Intelligence of the Department of the Treasury.
(b) Elements.--The report required by subsection (a) shall include
each of the following:
(1) A summary of leading examples from the 3-year period
preceding the date of the submittal of the report of threat
finance activities conducted by, for the benefit of, or at the
behest of--
(A) officials of the Government of Russia;
(B) persons subject to sanctions under any
provision of law imposing sanctions with respect to
Russia;
(C) Russian nationals subject to sanctions under
any other provision of law; or
(D) Russian oligarchs or organized criminals.
(2) An assessment with respect to any trends or patterns in
threat finance activities relating to Russia, including common
methods of conducting such activities and global nodes of money
laundering used by Russian threat actors described in paragraph
(1) and associated entities.
(3) An assessment of any connections between Russian
individuals involved in money laundering and the Government of
Russia.
(4) A summary of engagement and coordination with
international partners on threat finance relating to Russia,
especially in Europe, including examples of such engagement and
coordination.
(5) An identification of any resource and collection gaps.
(6) An identification of--
(A) entry points of money laundering by Russian and
associated entities into the United States;
(B) any vulnerabilities within the United States
legal and financial system, including specific sectors,
which have been or could be exploited in connection
with Russian threat finance activities; and
(C) the counterintelligence threat posed by Russian
money laundering and other forms of threat finance, as
well as the threat to the United States financial
system and United States efforts to enforce sanctions
and combat organized crime.
(7) Any other matters the Director determines appropriate.
(c) Form of Report.--The report required under subsection (a) may
be submitted in classified form.
(d) Threat Finance Defined.--In this section, the term ``threat
finance'' means--
(1) the financing of cyber operations, global influence
campaigns, intelligence service activities, proliferation,
terrorism, or transnational crime and drug organizations;
(2) the methods and entities used to spend, store, move,
raise, conceal, or launder money or value, on behalf of threat
actors;
(3) sanctions evasion; and
(4) other forms of threat finance activity domestically or
internationally, as defined by the President.
SEC. 1506. REPORT ON CYBER EXCHANGE PROGRAM.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Director of National Intelligence shall submit to the
congressional intelligence committees a report on the potential
establishment of a fully voluntary exchange program between elements of
the intelligence community and private technology companies under
which--
(1) an employee of an element of the intelligence community
with demonstrated expertise and work experience in
cybersecurity or related disciplines may elect to be
temporarily detailed to a private technology company that has
elected to receive the detailee; and
(2) an employee of a private technology company with
demonstrated expertise and work experience in cybersecurity or
related disciplines may elect to be temporarily detailed to an
element of the intelligence community that has elected to
receive the detailee.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) An assessment of the feasibility of establishing the
exchange program described in such subsection.
(2) Identification of any challenges in establishing the
exchange program.
(3) An evaluation of the benefits to the intelligence
community that would result from the exchange program.
SEC. 1507. REVIEW OF INTELLIGENCE COMMUNITY WHISTLEBLOWER MATTERS.
(a) Review of Whistleblower Matters.--The Inspector General of the
Intelligence Community, in consultation with the inspectors general for
the Central Intelligence Agency, the National Security Agency, the
National Geospatial-Intelligence Agency, the Defense Intelligence
Agency, and the National Reconnaissance Office, shall conduct a review
of the authorities, policies, investigatory standards, and other
practices and procedures relating to intelligence community
whistleblower matters, with respect to such inspectors general.
(b) Objective of Review.--The objective of the review required
under subsection (a) is to identify any discrepancies, inconsistencies,
or other issues, which frustrate the timely and effective reporting of
intelligence community whistleblower matters to appropriate inspectors
general and to the congressional intelligence committees, and the fair
and expeditious investigation and resolution of such matters.
(c) Conduct of Review.--The Inspector General of the Intelligence
Community shall take such measures as the Inspector General determines
necessary in order to ensure that the review required by subsection (a)
is conducted in an independent and objective fashion.
(d) Report.--Not later than 270 days after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community shall submit to the congressional intelligence committees a
written report containing the results of the review required under
subsection (a), along with recommendations to improve the timely and
effective reporting of intelligence community whistleblower matters to
inspectors general and to the congressional intelligence committees and
the fair and expeditious investigation and resolution of such matters.
SEC. 1508. REPORT ON ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE WITH
RESPECT TO CERTAIN FOREIGN INVESTMENTS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the heads of the elements of the intelligence
community determined appropriate by the Director, shall submit to the
congressional intelligence committees a report on the role of the
Director in preparing analytic materials in connection with the
evaluation by the Federal Government of national security risks
associated with potential foreign investments into the United States.
(b) Elements.--The report under subsection (a) shall include--
(1) a description of the current process for the provision
of the analytic materials described in subsection (a);
(2) an identification of the most significant benefits and
drawbacks of such process with respect to the role of the
Director, including the sufficiency of resources and personnel
to prepare such materials; and
(3) recommendations to improve such process.
SEC. 1509. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED
DISCLOSURES OF CLASSIFIED INFORMATION.
(a) In General.--Title XI of the National Security Act of 1947 (50
U.S.C. 3231 et seq.) is amended by adding at the end the following new
section:
``SEC. 1105. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED
DISCLOSURES OF CLASSIFIED INFORMATION.
``(a) Intelligence Community Reporting.--
``(1) In general.--Not less frequently than once every 6
months, each covered official shall submit to the congressional
intelligence committees a report on investigations of
unauthorized public disclosures of classified information.
``(2) Elements.--Each report submitted under paragraph (1)
shall include, with respect to the preceding 6-month period,
the following:
``(A) The number of investigations opened by the
covered official regarding an unauthorized public
disclosure of classified information.
``(B) The number of investigations completed by the
covered official regarding an unauthorized public
disclosure of classified information.
``(C) Of the number of such completed
investigations identified under subparagraph (B), the
number referred to the Attorney General for criminal
investigation.
``(b) Department of Justice Reporting.--
``(1) In general.--Not less frequently than once every 6
months, the Assistant Attorney General for National Security of
the Department of Justice, in consultation with the Director of
the Federal Bureau of Investigation, shall submit to the
congressional intelligence committees, the Committee on the
Judiciary of the Senate, and the Committee on the Judiciary of
the House of Representatives a report on the status of each
referral made to the Department of Justice from any element of
the intelligence community regarding an unauthorized disclosure
of classified information made during the most recent 365-day
period or any referral that has not yet been closed, regardless
of the date the referral was made.
``(2) Contents.--Each report submitted under paragraph (1)
shall include, for each referral covered by the report, at a
minimum, the following:
``(A) The date the referral was received.
``(B) A statement indicating whether the alleged
unauthorized disclosure described in the referral was
substantiated by the Department of Justice.
``(C) A statement indicating the highest level of
classification of the information that was revealed in
the unauthorized disclosure.
``(D) A statement indicating whether an open
criminal investigation related to the referral is
active.
``(E) A statement indicating whether any criminal
charges have been filed related to the referral.
``(F) A statement indicating whether the Department
of Justice has been able to attribute the unauthorized
disclosure to a particular entity or individual.
``(c) Form of Reports.--Each report submitted under this section
shall be submitted in unclassified form, but may have a classified
annex.
``(d) Definitions.--In this section:
``(1) Covered official.--The term `covered official'
means--
``(A) the heads of each element of the intelligence
community; and
``(B) the inspectors general with oversight
responsibility for an element of the intelligence
community.
``(2) Investigation.--The term `investigation' means any
inquiry, whether formal or informal, into the existence of an
unauthorized public disclosure of classified information.
``(3) Unauthorized disclosure of classified information.--
The term `unauthorized disclosure of classified information'
means any unauthorized disclosure of classified information to
any recipient.
``(4) Unauthorized public disclosure of classified
information.--The term `unauthorized public disclosure of
classified information' means the unauthorized disclosure of
classified information to a journalist or media
organization.''.
(b) Clerical Amendment.--The table of contents in the first section
of the National Security Act of 1947 is amended by inserting after the
item relating to section 1104 the following new item:
``Sec. 1105. Semiannual reports on investigations of unauthorized
disclosures of classified information.''.
SEC. 1510. REPORTS ON INTELLIGENCE COMMUNITY PARTICIPATION IN
VULNERABILITIES EQUITIES PROCESS OF FEDERAL GOVERNMENT.
(a) Reports on Process and Criteria Under Vulnerabilities Equities
Policy and Process.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a written report describing--
(A) with respect to each element of the
intelligence community--
(i) the title of the official or officials
responsible for determining whether, pursuant
to criteria contained in the Vulnerabilities
Equities Policy and Process document or any
successor document, a vulnerability must be
submitted for review under the Vulnerabilities
Equities Process; and
(ii) the process used by such element to
make such determination; and
(B) the roles or responsibilities of that element
during a review of a vulnerability submitted to the
Vulnerabilities Equities Process.
(2) Changes to process or criteria.--Not later than 30 days
after any significant change is made to the process and
criteria used by any element of the intelligence community for
determining whether to submit a vulnerability for review under
the Vulnerabilities Equities Process, such element shall submit
to the congressional intelligence committees a report
describing such change.
(3) Form of reports.--Each report submitted under this
subsection shall be submitted in unclassified form, but may
include a classified annex.
(b) Annual Reports.--
(1) In general.--Not less frequently than once each
calendar year, the Director of National Intelligence shall
submit to the congressional intelligence committees a
classified report containing, with respect to the previous
year--
(A) the number of vulnerabilities submitted for
review under the Vulnerabilities Equities Process;
(B) the number of vulnerabilities described in
subparagraph (A) disclosed to each vendor responsible
for correcting the vulnerability, or to the public,
pursuant to the Vulnerabilities Equities Process; and
(C) the aggregate number, by category, of the
vulnerabilities excluded from review under the
Vulnerabilities Equities Process, as described in
paragraph 5.4 of the Vulnerabilities Equities Policy
and Process document.
(2) Unclassified information.--Each report submitted under
paragraph (1) shall include an unclassified appendix that
contains--
(A) the aggregate number of vulnerabilities
disclosed to vendors or the public pursuant to the
Vulnerabilities Equities Process; and
(B) the aggregate number of vulnerabilities
disclosed to vendors or the public pursuant to the
Vulnerabilities Equities Process known to have been
patched.
(3) Nonduplication.--The Director of National Intelligence
may forgo submission of an annual report required under this
subsection for a calendar year, if the Director notifies the
congressional intelligence committees in writing that, with
respect to the same calendar year, an annual report required by
paragraph 4.3 of the Vulnerabilities Equities Policy and
Process document already has been submitted to Congress, and
such annual report contains the information that would
otherwise be required to be included in an annual report under
this subsection.
(c) Definitions.--In this section:
(1) Vulnerabilities equities policy and process document.--
The term ``Vulnerabilities Equities Policy and Process
document'' means the executive branch document entitled
``Vulnerabilities Equities Policy and Process'' dated November
15, 2017.
(2) Vulnerabilities equities process.--The term
``Vulnerabilities Equities Process'' means the interagency
review of vulnerabilities, pursuant to the Vulnerabilities
Equities Policy and Process document or any successor document.
(3) Vulnerability.--The term ``vulnerability'' means a
weakness in an information system or its components (for
example, system security procedures, hardware design, and
internal controls) that could be exploited or could affect
confidentiality, integrity, or availability of information.
SEC. 1511. SENSE OF CONGRESS ON NOTIFICATIONS OF CERTAIN DISCLOSURES OF
CLASSIFIED INFORMATION.
(a) Findings.--Congress finds that section 502 of the National
Security Act of 1947 (50 U.S.C. 3092) requires elements of the
intelligence community to keep the congressional intelligence
committees ``fully and currently informed'' about all ``intelligence
activities'' of the United States, and to ``furnish to the
congressional intelligence committees any information or material
concerning intelligence activities * * * which is requested by either
of the congressional intelligence committees in order to carry out its
authorized responsibilities.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) section 502 of the National Security Act of 1947 (50
U.S.C. 3092), together with other intelligence community
authorities, obligate an element of the intelligence community
to submit to the congressional intelligence committees written
notification, by not later than 7 days after becoming aware,
that an individual in the executive branch has disclosed
covered classified information to an official of an adversary
foreign government using methods other than established
intelligence channels; and
(2) each such notification should include--
(A) the date and place of the disclosure of
classified information covered by the notification;
(B) a description of such classified information;
(C) identification of the individual who made such
disclosure and the individual to whom such disclosure
was made; and
(D) a summary of the circumstances of such
disclosure.
(c) Definitions.--In this section:
(1) Adversary foreign government.--The term ``adversary
foreign government'' means the government of any of the
following foreign countries:
(A) North Korea.
(B) Iran.
(C) China.
(D) Russia.
(E) Cuba.
(2) Covered classified information.--The term ``covered
classified information'' means classified information that
was--
(A) collected by an element of the intelligence
community; or
(B) provided by the intelligence service or
military of a foreign country to an element of the
intelligence community.
(3) Established intelligence channels.--The term
``established intelligence channels'' means methods to exchange
intelligence to coordinate foreign intelligence relationships,
as established pursuant to law by the Director of National
Intelligence, the Director of the Central Intelligence Agency,
the Director of the National Security Agency, or other head of
an element of the intelligence community.
(4) Individual in the executive branch.--The term
``individual in the executive branch'' means any officer or
employee of the executive branch, including individuals--
(A) occupying a position specified in article II of
the Constitution;
(B) appointed to a position by an individual
described in subparagraph (A); or
(C) serving in the civil service or the senior
executive service (or similar service for senior
executives of particular departments or agencies).
SEC. 1512. TECHNICAL AMENDMENTS RELATED TO THE DEPARTMENT OF ENERGY.
(a) National Nuclear Security Administration Act.--
(1) Clarification of functions of the administrator for
nuclear security.--Subsection (b) of section 3212 of the
National Nuclear Security Administration Act (50 U.S.C.
2402(b)) is amended--
(A) by striking paragraphs (11) and (12); and
(B) by redesignating paragraphs (13) through (19)
as paragraphs (11) through (17), respectively.
(2) Counterintelligence programs.--Section 3233(b) of the
National Nuclear Security Administration Act (50 U.S.C.
2423(b)) is amended--
(A) by striking ``Administration'' and inserting
``Department''; and
(B) by inserting ``Intelligence and'' after ``the
Office of''.
(b) Atomic Energy Defense Act.--Section 4524(b)(2) of the Atomic
Energy Defense Act (50 U.S.C. 2674(b)(2)) is amended by inserting
``Intelligence and'' after ``The Director of''.
(c) National Security Act of 1947.--Paragraph (2) of section 106(b)
of the National Security Act of 1947 (50 U.S.C. 3041(b)(2)) is
amended--
(1) in subparagraph (E), by inserting ``and
Counterintelligence'' after ``Office of Intelligence'';
(2) by striking subparagraph (F);
(3) by redesignating subparagraphs (G), (H), and (I) as
subparagraphs (F), (G), and (H), respectively; and
(4) in subparagraph (H), as so redesignated, by realigning
the margin of such subparagraph 2 ems to the left.
DIVISION B--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2019
SEC. 201. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2019''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 201. Short title; table of contents.
Sec. 202. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 2101. Authorization of appropriations.
Sec. 2102. Classified Schedule of Authorizations.
Sec. 2103. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 2201. Authorization of appropriations.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 2301. Restriction on conduct of intelligence activities.
Sec. 2302. Increase in employee compensation and benefits authorized by
law.
Sec. 2303. Modification of special pay authority for science,
technology, engineering, or mathematics
positions and addition of special pay
authority for cyber positions.
Sec. 2304. Repeal of Joint Intelligence Community Council.
Sec. 2305. Permanent enhanced procurement authority to manage supply
chain risks.
Sec. 2306. Intelligence community information technology environment.
Sec. 2307. Development of secure cellular voice solution for
intelligence community.
Sec. 2308. Policy on minimum insider threat standards.
Sec. 2309. Submission of intelligence community policies.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 2401. Chief Financial Officer of the Intelligence Community.
Sec. 2402. Chief Information Officer of the Intelligence Community.
Subtitle B--Central Intelligence Agency
Sec. 2411. CIA subsistence for personnel assigned to austere locations.
Sec. 2412. Special rules for certain monthly workers' compensation
payments and other payments for CIA
personnel.
Sec. 2413. Expansion of security protective service jurisdiction of the
Central Intelligence Agency.
Sec. 2414. Repeal of foreign language proficiency requirement for
certain senior level positions in the
Central Intelligence Agency.
Subtitle C--Office of Intelligence and Counterintelligence of
Department of Energy
Sec. 2421. Consolidation of Department of Energy Offices of
Intelligence and Counterintelligence.
Sec. 2422. Establishment of Energy Infrastructure Security Center.
Sec. 2423. Repeal of Department of Energy Intelligence Executive
Committee and budget reporting requirement.
Subtitle D--Other Elements
Sec. 2431. Collocation of certain Department of Homeland Security
personnel at field locations.
Sec. 2432. Framework for roles, missions, and functions of Defense
Intelligence Agency.
Sec. 2433. Consultation by Secretary of Defense with Director of
National Intelligence for certain
functions.
Sec. 2434. Construction of National Security Agency East Campus
Building 3.
Sec. 2435. Establishment of advisory board for National Reconnaissance
Office.
TITLE V--REPORTS AND OTHER MATTERS
Sec. 2501. Public Interest Declassification Board.
Sec. 2502. Repeal of certain reporting requirements.
Sec. 2503. Notification of significant foreign cyber intrusions and
active measures campaigns directed at
elections for Federal offices.
Sec. 2504. Reports on intelligence community loan repayment and related
programs.
Sec. 2505. Comptroller General of the United States report on senior
executives of the Office of the Director of
National Intelligence.
Sec. 2506. Briefing on FBI offering permanent residence to sources and
cooperators.
Sec. 2507. Technical and clerical amendments to the National Security
Act of 1947.
SEC. 202. DEFINITIONS.
In this division, the terms ``congressional intelligence
committees'' and ``intelligence community'' have the meaning given
those terms in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 2101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2019
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 2102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be
appropriated under section 2101 for the conduct of the intelligence
activities of the elements listed in paragraphs (1) through (16) of
section 2101, are those specified in the classified Schedule of
Authorizations prepared to accompany this division.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate, the
Committee on Appropriations of the House of Representatives,
and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations referred to in
subsection (a), or of appropriate portions of such Schedule,
within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the
Implementing Recommendations of the 9/11 Commission Act
of 2007 (50 U.S.C. 3306(a));
(B) to the extent necessary to implement the
budget; or
(C) as otherwise required by law.
SEC. 2103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2019 the sum of
$514,524,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 2102(a) for advanced
research and development shall remain available until September 30,
2020.
(b) Classified Authorizations.--In addition to amounts authorized
to be appropriated for the Intelligence Community Management Account by
subsection (a), there are authorized to be appropriated for the
Intelligence Community Management Account for fiscal year 2019 such
additional amounts as are specified in the classified Schedule of
Authorizations referred to in section 2102(a). Such additional amounts
made available for advanced research and development shall remain
available until September 30, 2020.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 2201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2019 the sum of
$514,000,000.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 2301. 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 authorized by the Constitution or the
laws of the United States.
SEC. 2302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be increased
by such additional or supplemental amounts as may be necessary for
increases in such compensation or benefits authorized by law.
SEC. 2303. MODIFICATION OF SPECIAL PAY AUTHORITY FOR SCIENCE,
TECHNOLOGY, ENGINEERING, OR MATHEMATICS POSITIONS AND
ADDITION OF SPECIAL PAY AUTHORITY FOR CYBER POSITIONS.
Section 113B of the National Security Act of 1947 (50 U.S.C. 3049a)
is amended--
(1) by amending subsection (a) to read as follows:
``(a) Special Rates of Pay for Positions Requiring Expertise in
Science, Technology, Engineering, or Mathematics.--
``(1) In general.--Notwithstanding part III of title 5,
United States Code, the head of each element of the
intelligence community may, for 1 or more categories of
positions in such element that require expertise in science,
technology, engineering, or mathematics--
``(A) establish higher minimum rates of pay; and
``(B) make corresponding increases in all rates of
pay of the pay range for each grade or level, subject
to subsection (b) or (c), as applicable.
``(2) Treatment.--The special rate supplements resulting
from the establishment of higher rates under paragraph (1)
shall be basic pay for the same or similar purposes as those
specified in section 5305(j) of title 5, United States Code.'';
(2) by redesignating subsections (b) through (f) as
subsections (c) through (g), respectively;
(3) by inserting after subsection (a) the following:
``(b) Special Rates of Pay for Cyber Positions.--
``(1) In general.--Notwithstanding subsection (c), the
Director of the National Security Agency may establish a
special rate of pay--
``(A) not to exceed the rate of basic pay payable
for level II of the Executive Schedule under section
5313 of title 5, United States Code, if the Director
certifies to the Under Secretary of Defense for
Intelligence, in consultation with the Under Secretary
of Defense for Personnel and Readiness, that the rate
of pay is for positions that perform functions that
execute the cyber mission of the Agency; or
``(B) not to exceed the rate of basic pay payable
for the Vice President of the United States under
section 104 of title 3, United States Code, if the
Director certifies to the Secretary of Defense, by
name, individuals that have advanced skills and
competencies and that perform critical functions that
execute the cyber mission of the Agency.
``(2) Pay limitation.--Employees receiving a special rate
under paragraph (1) shall be subject to an aggregate pay
limitation that parallels the limitation established in section
5307 of title 5, United States Code, except that--
``(A) any allowance, differential, bonus, award, or
other similar cash payment in addition to basic pay
that is authorized under title 10, United States Code,
(or any other applicable law in addition to title 5 of
such Code, excluding the Fair Labor Standards Act of
1938 (29 U.S.C. 201 et seq.)) shall also be counted as
part of aggregate compensation; and
``(B) aggregate compensation may not exceed the
rate established for the Vice President of the United
States under section 104 of title 3, United States
Code.
``(3) Limitation on number of recipients.--The number of
individuals who receive basic pay established under paragraph
(1)(B) may not exceed 100 at any time.
``(4) Limitation on use as comparative reference.--
Notwithstanding any other provision of law, special rates of
pay and the limitation established under paragraph (1)(B) may
not be used as comparative references for the purpose of fixing
the rates of basic pay or maximum pay limitations of qualified
positions under section 1599f of title 10, United States Code,
or section 226 of the Homeland Security Act of 2002 (6 U.S.C.
147).'';
(4) in subsection (c), as redesignated by paragraph (2), by
striking ``A minimum'' and inserting ``Except as provided in
subsection (b), a minimum'';
(5) in subsection (d), as redesignated by paragraph (2), by
inserting ``or (b)'' after ``by subsection (a)''; and
(6) in subsection (g), as redesignated by paragraph (2)--
(A) in paragraph (1), by striking ``Not later than
90 days after the date of the enactment of the
Intelligence Authorization Act for Fiscal Year 2017''
and inserting ``Not later than 90 days after the date
of the enactment of the Intelligence Authorization Act
for Fiscal Year 2019''; and
(B) in paragraph (2)(A), by inserting ``or (b)''
after ``subsection (a)''.
SEC. 2304. REPEAL OF JOINT INTELLIGENCE COMMUNITY COUNCIL.
(a) Repeal.--Section 101A of the National Security Act of 1947 (50
U.S.C. 3022) is hereby repealed.
(b) Clerical Amendment.--The table of contents at the beginning of
such Act is amended by striking the item relating to section 101A.
SEC. 2305. PERMANENT ENHANCED PROCUREMENT AUTHORITY TO MANAGE SUPPLY
CHAIN RISKS.
Section 309 of the Intelligence Authorization Act for Fiscal Year
2012 (Public Law 112-87; 125 Stat. 1875; 50 U.S.C. 3329 note) is
amended by striking subsection (g).
SEC. 2306. INTELLIGENCE COMMUNITY INFORMATION TECHNOLOGY ENVIRONMENT.
(a) Roles and Responsibilities.--
(1) Director of national intelligence.--The Director of
National Intelligence shall be responsible for coordinating the
performance by elements of the intelligence community of IC
ITE, including each of the following:
(A) Ensuring compliance with all applicable IC ITE
rules and regulations.
(B) Ensuring IC ITE measurable performance goals
exist.
(C) Documenting IC ITE standards and practices.
(D) Acting as an arbiter among elements of the
intelligence community related to any disagreements
arising out of the implementation of IC ITE.
(E) Delegating responsibilities to the elements of
the intelligence community and carrying out such other
responsibilities as are necessary for the effective
implementation of IC ITE.
(2) Key service providers.--Key service providers shall be
responsible for--
(A) providing key services, in coordination with
the Director of National Intelligence; and
(B) providing the Director with information
requested and required to fulfill the responsibilities
of the Director under paragraph (1).
(3) Use of key services.--
(A) In general.--Except as provided in subparagraph
(B), each element of the intelligence community shall
use key services when such services are available.
(B) Exception.--The Director of National
Intelligence may provide for a written exception to the
requirement under subparagraph (A) if the Director
determines there is a compelling financial or mission
need for such exception.
(b) Management Accountability.--Not later than 90 days after the
date of the enactment of this Act, the Director of National
Intelligence shall designate and maintain one or more accountable IC
ITE executives to be responsible for--
(1) IC ITE management, financial control, and integration;
(2) ensuring the performance of each key service, including
establishing measurable service requirements and schedules;
(3) ensuring independent testing of each IC ITE core
service, including testing by the intended users, to evaluate
performance against measurable service requirements and to
ensure the capability meets user requirements; and
(4) coordinate IC ITE transition or restructuring efforts,
including phase out of legacy systems.
(c) Security Plan.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
develop and maintain a security plan for IC ITE.
(d) Long-Term Roadmap.--Not later than 180 days after the date of
the enactment of this Act, and during each of the second and fourth
fiscal quarters thereafter, the Director of National Intelligence shall
submit to the congressional intelligence committees a long-term roadmap
that shall include each of the following:
(1) A description of the minimum required and desired key
service requirements, including--
(A) key performance parameters; and
(B) an assessment of current, measured performance.
(2) IC ITE implementation milestones, including each of the
following:
(A) A schedule for expected deliveries of key
service capabilities during each of the following
phases:
(i) Concept refinement and technology
maturity demonstration.
(ii) Development, integration, and
demonstration,
(iii) Production, deployment, and
sustainment.
(iv) System retirement.
(B) Dependencies of such key service capabilities.
(C) Plans for the transition or restructuring
necessary to incorporate key service capabilities.
(D) A description of any legacy systems and
discontinued capabilities to be phased out.
(3) Such other matters as the Director determines
appropriate.
(e) Business Plan.--Not later than 180 days after the date of the
enactment of this Act, and during each of the second and fourth fiscal
quarters thereafter, the Director of National Intelligence shall submit
to the congressional intelligence committees a business plan that
includes each of the following:
(1) A uniform approach to identify IC ITE key service
funding requests within the proposed budget, including
multiyear plans to implement the long-term roadmap required by
subsection (d).
(2) A uniform approach by which each element of the
intelligence community shall identify the cost of legacy
information technology or alternative capabilities where IC ITE
services will also be available.
(3) A uniform effort by which each element of the
intelligence community shall identify transition and
restructuring costs for new, existing, and retiring IC ITE
services, as well as IC ITE services that have changed
designations among core service, service of common concern, and
agency unique service.
(4) A fair and equitable rate structure for use of IC ITE.
(f) Quarterly Presentations.--Beginning not later than 180 days
after the date of the enactment of this Act, the Director of National
Intelligence shall provide to the congressional intelligence committees
quarterly updates regarding ongoing implementation of IC ITE as
compared to the requirements in the most recently submitted security
plan required by subsection (c), long-term roadmap required by
subsection (d), and business plan required by subsection (e).
(g) Additional Notifications.--The Director of National
Intelligence shall provide timely notification to the congressional
intelligence committees regarding any policy changes related to or
affecting IC ITE, new initiatives or strategies related to or impacting
IC ITE, and changes or deficiencies in the execution of the security
plan required by subsection (c), long-term roadmap required by
subsection (d), and business plan required by subsection (e).
(h) Definitions.--In this section:
(1) The term ``agency unique service'' means a capability
that is unique to and used only within one element of the
intelligence community.
(2) The term ``core service'' means a capability that is
available to multiple elements of the intelligence community
and required for consistent operation of IC ITE.
(3) The term ``intelligence community information
technology environment'' or ``IC ITE'' means all of the
information technology services across the intelligence
community, including the data sharing and protection
environment across multiple classification domains.
(4) The term ``key service'' is a core service or service
of common concern, but is not an agency unique service.
(5) The term ``key service provider'' is the entity
responsible and accountable for implementing a key service
within the IC ITE.
(6) The term ``service of common concern'' means a
capability available across IC ITE that is of interest to two
or more elements of the intelligence community.
(i) Sunset.--The section shall have no effect on or after September
30, 2024.
SEC. 2307. DEVELOPMENT OF SECURE CELLULAR VOICE SOLUTION FOR
INTELLIGENCE COMMUNITY.
(a) In General.--The Director of National Intelligence shall
certify and approve the operation of a National Intelligence Program
enterprise-wide secure voice cellular solution that leverages
commercially available technology and operates on existing commercial
cellular networks.
(b) Policy.--The Director of National Intelligence shall establish
an intelligence community policy for the cellular voice solution
required by subsection (a) that addresses each of the following:
(1) Determinations regarding eligibility to use a device
covered by such cellular voice solution.
(2) The appropriate classification levels associated with
the use of secure cellular phones.
(3) Measures that should be taken prior to initiating or
receiving a secure cellular call.
(4) Appropriate methods for storage of secure devices when
not in the physical possession of an authorized user.
(5) Such other matters as the Director determines
appropriate.
(c) Costs.--The Director of National Intelligence shall ensure that
annual operating costs of the secure cellular solution requirement in
subsection (a), excluding initial development and deployment, are born
on a cost-reimbursable basis by each relevant element of the
intelligence community.
SEC. 2308. POLICY ON MINIMUM INSIDER THREAT STANDARDS.
(a) Policy Required.--Not later than 60 days after the date of the
enactment of this Act, the Director of National Intelligence shall
establish a policy for minimum insider threat standards.
(b) Implementation.--Not later than 180 days after the date of the
enactment of this Act, the head of each element of the intelligence
community shall implement the policy established under subsection (a).
SEC. 2309. SUBMISSION OF INTELLIGENCE COMMUNITY POLICIES.
(a) Submission of Policies.--
(1) Current policy.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees using the electronic repository all non-publicly
available policies, directives, and guidance issued by the
Director of National Intelligence for the intelligence
community that are in effect as of the date of the submission.
(2) Continuous updates.--Not later than 15 days after the
date on which the Director of National Intelligence issues,
modifies, or rescinds a policy, directive, or guidance of the
intelligence community, the Director shall--
(A) notify the congressional intelligence
committees of such addition, modification, or removal;
and
(B) update the electronic repository with respect
to such addition, modification, or removal.
(b) Electronic Repository Defined.--In this section, the term
``electronic repository'' means the electronic distribution mechanism,
in use as of the date of the enactment of this Act, or any successor
electronic distribution mechanism, by which the Director of National
Intelligence submits to the congressional intelligence committees
information.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 2401. CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE COMMUNITY.
Section 103I(a) of the National Security Act of 1947 (50 U.S.C.
3034(a)) is amended by adding at the end the following new sentence:
``The Chief Financial Officer shall report directly to the Director of
National Intelligence.''.
SEC. 2402. CHIEF INFORMATION OFFICER OF THE INTELLIGENCE COMMUNITY.
Section 103G(a) of the National Security Act of 1947 (50 U.S.C.
3032(a)) is amended by adding at the end the following new sentence:
``The Chief Information Officer shall report directly to the Director
of National Intelligence.''.
Subtitle B--Central Intelligence Agency
SEC. 2411. CIA SUBSISTENCE FOR PERSONNEL ASSIGNED TO AUSTERE LOCATIONS.
Subsection (a) of section 5 of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 3506) is amended--
(1) in paragraph (1), by striking ``(50 U.S.C. 403-4a).,''
and inserting ``(50 U.S.C. 403-4a),'';
(2) in paragraph (6), by striking ``and'' at the end;
(3) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following new paragraph (8):
``(8) Upon the approval of the Director, provide, during
any fiscal year, with or without reimbursement, subsistence to
any personnel assigned to an overseas location designated by
the Agency as an austere location.''.
SEC. 2412. SPECIAL RULES FOR CERTAIN MONTHLY WORKERS' COMPENSATION
PAYMENTS AND OTHER PAYMENTS FOR CIA PERSONNEL.
(a) In General.--The Central Intelligence Agency Act of 1949 (50
U.S.C. 3501 et seq.) is amended by inserting after section 19 the
following new section:
``SEC. 19A. SPECIAL RULES FOR CERTAIN INDIVIDUALS INJURED BY REASON OF
WAR, INSURGENCY, HOSTILE ACT, OR TERRORIST ACTIVITIES.
``(a) Adjustment of Compensation for Certain Injuries.--
``(1) Increase.--The Director of the Central Intelligence
Agency may increase the amount of monthly compensation paid to
a covered employee under section 8105 of title 5, United States
Code. Subject to paragraph (2), the Director may determine the
amount of each such increase by taking into account--
``(A) the severity of the qualifying injury;
``(B) the circumstances by which the covered
employee became injured; and
``(C) the seniority of the covered employee.
``(2) Maximum.--Notwithstanding chapter 81 of title 5, United
States Code, the total amount of monthly compensation increased under
paragraph (1) may not exceed the monthly pay of the maximum rate of
basic pay for GS-15 of the General Schedule under section 5332 of title
5, United States Code.
``(b) Costs for Treating Qualifying Injuries.--The Director may pay
the costs of treating a qualifying injury of a covered employee, a
covered individual, or a covered dependent, or may reimburse a covered
employee, a covered individual, or a covered dependent for such costs,
that are not otherwise covered by chapter 81 of title 5, United States
Code, or other provision of Federal law.
``(c) Treatment of Amounts.--For purposes of section 104 of the
Internal Revenue Code of 1986, amounts paid pursuant to this section
shall be treated as amounts paid under chapter 81 of title 5, United
States Code.
``(d) Definitions.--In this section:
``(1) Covered dependent.--The term `covered dependent'
means a family member of a covered employee who, on or after
September 11, 2001--
``(A) accompanies the covered employee to an
assigned duty station in a foreign country; and
``(B) becomes injured by reason of a qualifying
injury.
``(2) Covered employee.--The term `covered employee' means
an officer or employee of the Central Intelligence Agency who,
on or after September 11, 2001, becomes injured by reason of a
qualifying injury.
``(3) Covered individual.--The term `covered individual'
means an individual who--
``(A)(i) is detailed to the Central Intelligence
Agency from other agencies of the United States
Government or from the Armed Forces; or
``(ii) is affiliated with the Central Intelligence
Agency, as determined by the Director; and
``(B) who, on or after September 11, 2001, becomes
injured by reason of a qualifying injury.
``(4) Qualifying injury.--The term `qualifying injury'
means the following:
``(A) With respect to a covered dependent, an
injury incurred--
``(i) during war, insurgency, hostile act,
or terrorist activities occurring during a
period in which the covered dependent is
accompanying the covered employee to an
assigned duty station in a foreign country; and
``(ii) that was not the result of the
willful misconduct of the covered dependent.
``(B) With respect to a covered employee or a
covered individual, an injury incurred--
``(i) during war, insurgency, hostile act,
or terrorist activities occurring during a
period of assignment to a duty station in a
foreign country; and
``(ii) that was not the result of the
willful misconduct of the covered employee or
the covered individual.''.
(b) Procedures.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency
shall--
(1) issue procedures ensuring the fair and equitable
implementation of section 19A of the Central Intelligence
Agency Act of 1949, as added by subsection (a); and
(2) submit to the congressional intelligence committees
such procedures.
(c) Application.--Section 19A of the Central Intelligence Agency
Act of 1949, as added by subsection (a), shall apply with respect to--
(1) payments made to covered employees (as defined in such
section) under section 8105 of title 5, United States Code,
beginning on or after the date of the enactment of this Act;
and
(2) treatment described in subsection (b) of such section
19A occurring on or after the date of the enactment of this
Act.
SEC. 2413. EXPANSION OF SECURITY PROTECTIVE SERVICE JURISDICTION OF THE
CENTRAL INTELLIGENCE AGENCY.
Subsection (a) of section 15 of the Central Intelligence Act of
1949 (50 U.S.C. 3515(a)) is amended--
(1) in the subsection heading, by striking ``Policemen''
and inserting ``Police Officers''; and
(2) in paragraph (1)--
(A) in subparagraph (B), by striking ``500 feet;''
and inserting ``500 yards;''; and
(B) in subparagraph (D), by striking ``500 feet.''
and inserting ``500 yards.''.
SEC. 2414. REPEAL OF FOREIGN LANGUAGE PROFICIENCY REQUIREMENT FOR
CERTAIN SENIOR LEVEL POSITIONS IN THE CENTRAL
INTELLIGENCE AGENCY.
(a) Repeal of Foreign Language Proficiency Requirement.--Section
104A of the National Security Act of 1947 (50 U.S.C. 3036) is amended
by striking subsection (g).
(b) Conforming Repeal of Report Requirement.--Section 611 of the
Intelligence Authorization Act for Fiscal Year 2005 (Public Law 108-
487) is amended by striking subsection (c).
Subtitle C--Office of Intelligence and Counterintelligence of
Department of Energy
SEC. 2421. CONSOLIDATION OF DEPARTMENT OF ENERGY OFFICES OF
INTELLIGENCE AND COUNTERINTELLIGENCE.
(a) In General.--Section 215 of the Department of Energy
Organization Act (42 U.S.C. 7144b) is amended to read as follows:
``office of intelligence and counterintelligence
``Sec. 215.
``(a) In General.--There is in the Department an Office of
Intelligence and Counterintelligence. Such office shall be under the
National Intelligence Program.
``(b) Director.--(1) The head of the Office shall be the Director
of the Office of Intelligence and Counterintelligence, who shall be an
employee in the Senior Executive Service, the Senior Intelligence
Service, the Senior National Intelligence Service, or any other Service
that the Secretary, in coordination with the Director of National
Intelligence, considers appropriate. The Director of the Office shall
report directly to the Secretary.
``(2) The Secretary shall select an individual to serve as the
Director from among individuals who have substantial expertise in
matters relating to the intelligence community, including foreign
intelligence and counterintelligence.
``(c) Duties.--(1) Subject to the authority, direction, and control
of the Secretary, the Director shall perform such duties and exercise
such powers as the Secretary may prescribe.
``(2) The Director shall be responsible for establishing policy for
intelligence and counterintelligence programs and activities at the
Department.
``(d) Definitions.--In this section, the terms `intelligence
community' and `National Intelligence Program' have the meanings given
such terms in section 3 of the National Security Act of 1947 (50 U.S.C.
3003).''.
(b) Conforming Repeal.--Section 216 of the Department of Energy
Organization Act (42 U.S.C. 7144c) is hereby repealed.
(c) Clerical Amendment.--The table of contents at the beginning of
the Department of Energy Organization Act is amended by striking the
items relating to sections 215 and 216 and inserting the following new
item:
``215. Office of Intelligence and Counterintelligence.''.
SEC. 2422. ESTABLISHMENT OF ENERGY INFRASTRUCTURE SECURITY CENTER.
Section 215 of the Department of Energy Organization Act (42 U.S.C.
7144b), as amended by section 2421, is further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Energy Infrastructure Security Center.--(1)(A) The President
shall establish an Energy Infrastructure Security Center, taking into
account all appropriate government tools to analyze and disseminate
intelligence relating to the security of the energy infrastructure of
the United States.
``(B) The Secretary shall appoint the head of the Energy
Infrastructure Security Center.
``(C) The Energy Infrastructure Security Center shall be located
within the Office of Intelligence and Counterintelligence.
``(2) In establishing the Energy Infrastructure Security Center,
the Director of the Office of Intelligence and Counterintelligence
shall address the following missions and objectives to coordinate and
disseminate intelligence relating to the security of the energy
infrastructure of the United States:
``(A) Establishing a primary organization within the United
States Government for analyzing and integrating all
intelligence possessed or acquired by the United States
pertaining to the security of the energy infrastructure of the
United States.
``(B) Ensuring that appropriate departments and agencies
have full access to and receive intelligence support needed to
execute the plans or activities of the agencies, and perform
independent, alternative analyses.
``(C) Establishing a central repository on known and
suspected foreign threats to the energy infrastructure of the
United States, including with respect to any individuals,
groups, or entities engaged in activities targeting such
infrastructure, and the goals, strategies, capabilities, and
networks of such individuals, groups, or entities.
``(D) Disseminating intelligence information relating to
the security of the energy infrastructure of the United States,
including threats and analyses, to the President, to the
appropriate departments and agencies, and to the appropriate
committees of Congress.
``(3) The President may waive the requirements of this subsection,
and any parts thereof, if the President determines that such
requirements do not materially improve the ability of the United States
Government to prevent and halt attacks against the energy
infrastructure of the United States. Such waiver shall be made in
writing to Congress and shall include a description of how the missions
and objectives in paragraph (2) are being met.
``(4) If the President decides not to exercise the waiver authority
granted by paragraph (3), the President shall submit to Congress from
time to time updates and plans regarding the establishment of an Energy
Infrastructure Security Center.''.
SEC. 2423. REPEAL OF DEPARTMENT OF ENERGY INTELLIGENCE EXECUTIVE
COMMITTEE AND BUDGET REPORTING REQUIREMENT.
Section 214 of the Department of Energy Organization Act (42 U.S.C.
7144a) is amended--
(1) by striking ``(a) Duty of Secretary.--''; and
(2) by striking subsections (b) and (c).
Subtitle D--Other Elements
SEC. 2431. COLLOCATION OF CERTAIN DEPARTMENT OF HOMELAND SECURITY
PERSONNEL AT FIELD LOCATIONS.
Not later than 18 months after the date of the enactment of this
Act, the Under Secretary of Homeland Security for Intelligence and
Analysis shall transfer not less than 40 personnel who are stationed,
as of the date of the enactment of this Act, at the Department of
Homeland Security headquarters located at Nebraska Avenue Northwest,
Washington, District of Columbia, to locations at least 30 miles from
such headquarters in order to collocate such personnel with and provide
support for Department of Homeland Security operational units from
Customs and Border Protection, the Transportation Security
Administration, Immigration and Customs Enforcement, or other elements
of the Department of Homeland Security.
SEC. 2432. FRAMEWORK FOR ROLES, MISSIONS, AND FUNCTIONS OF DEFENSE
INTELLIGENCE AGENCY.
(a) In General.--The Director of National Intelligence and the
Secretary of Defense shall jointly establish a framework to ensure the
appropriate balance of resources for the roles, missions, and functions
of the Defense Intelligence Agency in its capacity as an element of the
intelligence community and as a combat support agency. The framework
shall include supporting processes to provide for the consistent and
regular reevaluation of the responsibilities and resources of the
Defense Intelligence Agency to prevent imbalanced priorities,
insufficient or misaligned resources, and the unauthorized expansion of
mission parameters.
(b) Matters for Inclusion.--The framework required under subsection
(a) shall include each of the following:
(1) A lexicon providing for consistent definitions of
relevant terms used by both the intelligence community and the
Department of Defense, including each of the following:
(A) Defense intelligence enterprise.
(B) Enterprise manager.
(C) Executive agent.
(D) Function.
(E) Functional manager.
(F) Mission.
(G) Mission manager.
(H) Responsibility.
(I) Role.
(J) Service of common concern.
(2) An assessment of the necessity of maintaining separate
designations for the intelligence community and the Department
of Defense for intelligence functional or enterprise management
constructs.
(3) A repeatable process for evaluating the addition,
transfer, or elimination of defense intelligence missions,
roles, and functions, currently performed or to be performed in
the future by the Defense Intelligence Agency, which includes
each of the following:
(A) A justification for the addition, transfer, or
elimination of a mission, role, or function.
(B) The identification of which, if any, element of
the Federal Government performs the considered mission,
role, or function.
(C) In the case of any new mission, role, or
functions--
(i) an assessment of the most appropriate
agency or element to perform such mission,
role, or function, taking into account the
resource profiles, scope of responsibilities,
primary customers, and existing infrastructure
necessary to support such mission, role, or
function; and
(ii) a determination of the appropriate
resource profile and an identification of the
projected resources needed and the proposed
source of such resources over the future-years
defense program, to be provided in writing to
any elements of the intelligence community or
the Department of Defense affected by the
assumption, transfer, or elimination of any
mission, role, or function.
(D) In the case of any mission, role, or function
proposed to be assumed, transferred, or eliminated, an
assessment, which shall be completed jointly by the
heads of each element affected by such assumption,
transfer, or elimination, of the risks that would be
assumed by the intelligence community and the
Department if such mission, role, or function is
assumed, transferred, or eliminated.
(E) A description of how determinations are made
regarding the funding of programs and activities under
the National Intelligence Program and the Military
Intelligence Program, including--
(i) which programs or activities are funded
under each such Program;
(ii) which programs or activities should be
jointly funded under both such Programs and how
determinations are made with respect to funding
allocations for such programs and activities;
and
(iii) the thresholds and process for
changing a program or activity from being
funded under one such Program to being funded
under the other such Program.
SEC. 2433. CONSULTATION BY SECRETARY OF DEFENSE WITH DIRECTOR OF
NATIONAL INTELLIGENCE FOR CERTAIN FUNCTIONS.
Section 105(b) of the National Security Act of 1947 (50 U.S.C.
3038(b)) is amended in the matter preceding paragraph (1) by inserting
``, in consultation with the Director of National Intelligence,'' after
``the Secretary of Defense''.
SEC. 2434. CONSTRUCTION OF NATIONAL SECURITY AGENCY EAST CAMPUS
BUILDING 3.
(a) Sense of Congress.--It is the sense of Congress that in
carrying out the construction at the National Security Agency East
Campus, the Director of the National Security Agency should prioritize
the consolidation of national intelligence mission activities on such
campus and away from disparate leased facilities in the Washington-
Baltimore region.
(b) Incremental Construction of East Campus Building 3.--
(1) In general.--The Director of the National Security
Agency may provide for the construction of East Campus Building
3, as authorized in section 2102, in increments, subject to
annual appropriations, except that the total amount expended on
the construction of East Campus Building 3 may not exceed
$775,000,000.
(2) Fiscal year 2019.--The authorization of appropriations
for East Campus Building 3 under section 2102 is an
authorization to proceed with the construction of East Campus
Building 3. The Director of the National Security Agency shall
conduct necessary activities during fiscal year 2019 to avoid
delays in project completion.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of the National Security Agency
shall submit to the congressional intelligence committees a plan for
the construction of East Campus Building 4 and East Campus Building 5.
Such plan shall include--
(1) a list of commercial leases in the Washington-Baltimore
region that could be terminated if Congress authorizes the
construction of East Campus Building 4 and East Campus Building
5; and
(2) an analysis of options to accelerate East Campus
construction efforts.
SEC. 2435. ESTABLISHMENT OF ADVISORY BOARD FOR NATIONAL RECONNAISSANCE
OFFICE.
(a) Establishment.--Section 106A of the National Security Act of
1947 (50 U.S.C. 3041a) is amended by adding at the end the following
new subsection:
``(d) Advisory Board.--
``(1) Establishment.--There is established in the National
Reconnaissance Office an advisory board (in this section
referred to as the `Board').
``(2) Duties.--The Board shall--
``(A) study matters relating to the mission of the
National Reconnaissance Office, including with respect
to space, overhead reconnaissance, acquisition, and
other matters; and
``(B) advise and report directly the Director with
respect to such matters.
``(3) Members.--
``(A) Number and appointment.--The Board shall be
composed of 5 members appointed by the Director from
among individuals with demonstrated academic,
government, business, or other expertise relevant to
the mission and functions of the National
Reconnaissance Office.
``(B) Terms.--Each member shall be appointed for a
term of 2 years. Except as provided by subparagraph
(C), a member may not serve more than 3 terms.
``(C) Vacancy.--Any member appointed to fill a
vacancy occurring before the expiration 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.
``(D) Chair.--The Board shall have a Chair, who
shall be appointed by the Director from among the
members.
``(E) Travel expenses.--Each member shall receive
travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions
under subchapter I of chapter 57 of title 5, United
States Code.
``(F) Executive secretary.--The Director may
appoint an executive secretary, who shall be an
employee of the National Reconnaissance Office, to
support the Board.
``(4) Meetings.--The Board shall meet not less than
quarterly, but may meet more frequently at the call of the
Director.
``(5) Reports.--Not later than March 31 of each year, the
Board shall submit to the Director and to the congressional
intelligence committees a report on the activities of the Board
during the preceding year.
``(6) Nonapplicability of certain requirements.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Board.''.
(b) Initial Appointments.--Not later than 180 days after the date
of the enactment of this Act, the Director of the National
Reconnaissance Office shall appoint the initial 5 members to the
advisory board under subsection (d) of section 106A of the National
Security Act of 1947 (50 U.S.C. 3041a), as added by subsection (a).
TITLE V--REPORTS AND OTHER MATTERS
SEC. 2501. PUBLIC INTEREST DECLASSIFICATION BOARD.
Section 710(b) of the Public Interest Declassification Act of 2000
(Public Law 106-567; 50 U.S.C. 3161 note) is amended by striking
``2018'' and inserting ``2028''.
SEC. 2502. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) Correcting Long-Standing Material Weaknesses.--Section 368 of
the Intelligence Authorization Act for Fiscal Year 2010 (Public Law
110-259; 50 U.S.C. 3051 note) is hereby repealed.
(b) Annual Report on Interactions Between Intelligence Community
and Entertainment Industry.--Section 308 of the Intelligence
Authorization Act for Fiscal Year 2017 (division N of Public Law 115-
31; 131 Stat. 813; 50 U.S.C. 3222) is amended by striking subsection
(c).
(c) Declassification Review With Respect to Detainees Transferred
From United States Naval Station, Guantanamo Bay, Cuba.--Section 601 of
such Act (division N of Public Law 115-31; 131 Stat. 827) is hereby
repealed.
(d) Interagency Threat Assessment and Coordination Group.--Section
210D of the Homeland Security Act of 2002 (6 U.S.C. 124k) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) through (i) as
subsections (c) through (h), respectively; and
(3) in subsection (c), as so redesignated--
(A) in paragraph (8), by striking ``; and'' and
inserting a period; and
(B) by striking paragraph (9).
(e) Inspector General Report.--Section 8G of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended by striking subsection (g).
SEC. 2503. NOTIFICATION OF SIGNIFICANT FOREIGN CYBER INTRUSIONS AND
ACTIVE MEASURES CAMPAIGNS DIRECTED AT ELECTIONS FOR
FEDERAL OFFICES.
(a) Determinations of Significant Foreign Cyber Intrusions and
Active Measures Campaigns.--The Director of National Intelligence, the
Director of the Federal Bureau of Investigation, and the Secretary of
Homeland Security shall jointly carry out subsection (b) if such
Directors and the Secretary jointly determine--
(1) that on or after the date of the enactment of this Act,
a significant foreign cyber intrusion or active measures
campaign intended to influence an upcoming election for any
Federal office has occurred or is occurring; and
(2) with moderate or high confidence, that such intrusion
or campaign can be attributed to a foreign state or to a
foreign nonstate person, group, or other entity.
(b) Briefing.--
(1) In general.--Not later than 14 days after making a
determination under subsection (a), the Director of National
Intelligence, the Director of the Federal Bureau of
Investigation, and the Secretary of Homeland Security, shall
jointly provide a briefing to the congressional leadership, the
congressional intelligence committees and, consistent with the
protection of sources and methods, the other appropriate
congressional committees. The briefing shall be classified and
address, at a minimum, the following:
(A) A description of the significant foreign cyber
intrusion or active measures campaign, as the case may
be, covered by the determination.
(B) An identification of the foreign state or
foreign nonstate person, group, or other entity, to
which such intrusion or campaign has been attributed.
(C) The desirability and feasibility of the public
release of information about the cyber intrusion or
active measures campaign.
(D) Any other information such Directors and the
Secretary jointly determine appropriate.
(2) Electronic election infrastructure briefings.--With
respect to a significant foreign cyber intrusion covered by a
determination under subsection (a), the Secretary of Homeland
Security, in consultation with the Director of National
Intelligence and the Director of the Federal Bureau of
Investigation, shall offer to the owner or operator of any
electronic election infrastructure directly affected by such
intrusion, a briefing on such intrusion, including steps that
may be taken to mitigate such intrusion. Such briefing may be
classified and made available only to individuals with
appropriate security clearances.
(3) Protection of sources and methods.--This subsection
shall be carried out in a manner that is consistent with the
protection of sources and methods.
(c) Definitions.--In this section:
(1) Active measures campaign.--The term ``active measures
campaign'' means a foreign semi-covert or covert intelligence
operation.
(2) Candidate, election, and political party.--The terms
``candidate'', ``election'', and ``political party'' have the
meanings given those terms in section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101).
(3) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of
Representatives.
(4) Cyber intrusion.--The term ``cyber intrusion'' means an
electronic occurrence that actually or imminently jeopardizes,
without lawful authority, electronic election infrastructure,
or the integrity, confidentiality, or availability of
information within such infrastructure.
(5) Electronic election infrastructure.--The term
``electronic election infrastructure'' means an electronic
information system of any of the following that is related to
an election for Federal office:
(A) The Federal Government.
(B) A State or local government.
(C) A political party.
(D) The election campaign of a candidate.
(6) Federal office.--The term ``Federal office'' has the
meaning given that term in section 301 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101).
(7) High confidence.--The term ``high confidence'', with
respect to a determination, means that the determination is
based on high-quality information from multiple sources.
(8) Moderate confidence.--The term ``moderate confidence'',
with respect to a determination, means that a determination is
credibly sourced and plausible but not of sufficient quality or
corroborated sufficiently to warrant a higher level of
confidence.
(9) Other appropriate congressional committees.--The term
``other appropriate congressional committees'' means--
(A) the Committee on Armed Services and the
Committee on Homeland Security and Governmental Affairs
of the Senate; and
(B) the Committee on Armed Services and the
Committee on Homeland Security of the House of
Representatives.
SEC. 2504. REPORTS ON INTELLIGENCE COMMUNITY LOAN REPAYMENT AND RELATED
PROGRAMS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) there should be established, through the issuing of an
Intelligence Community Directive or otherwise, an intelligence
community-wide program for student loan repayment, student loan
forgiveness, financial counseling, and related matters, for
employees of the intelligence community;
(2) creating such a program would enhance the ability of
the elements of the intelligence community to recruit, hire,
and retain highly qualified personnel, including with respect
to mission-critical and hard-to-fill positions;
(3) such a program, including with respect to eligibility
requirements, should be designed so as to maximize the ability
of the elements of the intelligence community to recruit, hire,
and retain highly qualified personnel, including with respect
to mission-critical and hard-to-fill positions; and
(4) to the extent possible, such a program should be
uniform throughout the intelligence community and publicly
promoted by each element of the intelligence community to both
current employees of the element as well as to prospective
employees of the element.
(b) Report on Potential Intelligence Community-Wide Program.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in cooperation with the heads of the elements of
the intelligence community and the heads of any other
appropriate department or agency of the Federal Government,
shall submit to the congressional intelligence committees a
report on potentially establishing and carrying out an
intelligence community-wide program for student loan repayment,
student loan forgiveness, financial counseling, and related
matters, as described in subsection (a).
(2) Matters included.--The report under paragraph (1) shall
include, at a minimum, the following:
(A) A description of the financial resources that
the elements of the intelligence community would
require to establish and initially carry out the
program specified in paragraph (1).
(B) A description of the practical steps to
establish and carry out such a program.
(C) The identification of any legislative action
the Director determines necessary to establish and
carry out such a program.
(c) Annual Reports on Established Programs.--
(1) In general.--The Director of National Intelligence
shall annually submit to the congressional intelligence
committees a report on the covered programs. Each such report
shall include, with respect to the period covered by the
report, the following:
(A) The number of personnel from each element of
the intelligence community who used each covered
program.
(B) The total amount of funds each element expended
for each such program.
(C) A description of the efforts made by each
element to promote each covered program pursuant to
both the personnel of the element of the intelligence
community and to prospective personnel.
(2) Covered programs defined.--In this subsection, the term
``covered programs'' means any loan repayment program, loan
forgiveness program, financial counseling program, or similar
programs, established pursuant to title X of the National
Security Act of 1947 (50 U.S.C. 3191 et seq.) or any other
provision of law that may be administered or used by an element
of the intelligence community.
SEC. 2505. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON SENIOR
EXECUTIVES OF THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General of the United States
shall submit to the congressional intelligence committees a report on
the number of Senior Executive Service positions in the Office of the
Director of National Intelligence.
(b) Matters Included.--The report under subsection (a) shall
include the following:
(1) The number of required Senior Executive Service
positions for the Office of the Director of National
Intelligence.
(2) Whether such requirements are reasonably based on the
mission of the Office.
(3) A discussion of how the levels of the Senior Executive
Service positions in the Office compare to the number of senior
positions at other elements of the intelligence community.
(c) Cooperation.--The Director of National Intelligence shall
provide to the Comptroller General any information requested by the
Comptroller General to carry out this section by not later than 5
business days after the date on which the Comptroller General makes
such request.
(d) Senior Executive Service Position Defined.--In this section,
the term ``Senior Executive Service position'' has the meaning given
that term in section 3132(a)(2) of title 5, United States Code, and
includes any position above the GS-15, step 10, level of the General
Schedule under section 5332 of such title.
SEC. 2506. BRIEFING ON FBI OFFERING PERMANENT RESIDENCE TO SOURCES AND
COOPERATORS.
Not later than 30 days after the date of the enactment of this Act,
the Director of the Federal Bureau of Investigation shall provide to
the congressional intelligence committees a briefing on the ability of
the Federal Bureau of Investigation to offer, as an inducement to
assisting the Bureau, permanent residence within the United States to
foreign individuals who are sources or cooperators in
counterintelligence or other national security-related investigations.
The briefing shall address the following:
(1) The extent to which the Bureau may make such offers,
whether independently or in conjunction with other agencies and
departments of the United States Government, including a
discussion of the authorities provided by section 101(a)(15)(S)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(S)), section 7 of the Central Intelligence Agency
Act (50 U.S.C. 3508), and any other provision of law under
which the Bureau may make such offers.
(2) An overview of the policies and operational practices
of the Bureau with respect to making such offers.
(3) The sufficiency of such policies and practices with
respect to inducing individuals to cooperate with, serve as
sources for such investigations, or both.
(4) Whether the Director recommends any legislative actions
to improve such policies and practices, particularly with
respect to the counterintelligence efforts of the Bureau.
SEC. 2507. TECHNICAL AND CLERICAL AMENDMENTS TO THE NATIONAL SECURITY
ACT OF 1947.
(a) Table of Contents.--The table of contents at the beginning of
the National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended--
(1) by inserting after the item relating to section 2 the
following new item:
``Sec. 3. Definitions.'';
(2) by striking the item relating to section 107;
(3) by striking the item relating to section 113B and
inserting the following new item:
``Sec. 113B. Special pay authority for science, technology,
engineering, or mathematics positions.'';
(4) by striking the items relating to sections 202, 203,
204, 208, 209, 210, 211, 212, 213, and 214; and
(5) by inserting after the item relating to section 311 the
following new item:
``Sec. 312. Repealing and saving provisions.''.
(b) Other Technical Corrections.--Such Act is further amended--
(1) in section 102A--
(A) in subparagraph (G) of paragraph (1) of
subsection (g), by moving the margins of such
subparagraph 2 ems to the left; and
(B) in paragraph (3) of subsection (v), by moving
the margins of such paragraph 2 ems to the left;
(2) in section 106--
(A) by inserting ``sec. 106'' before ``(a)''; and
(B) in subparagraph (I) of paragraph (2) of
subsection (b), by moving the margins of such
subparagraph 2 ems to the left;
(3) by striking section 107;
(4) in section 108(c), by striking ``in both a classified
and an unclassified form'' and inserting ``to Congress in
classified form, but may include an unclassified summary'';
(5) in section 112(c)(1), by striking ``section 103(c)(7)''
and inserting ``section 102A(i)'';
(6) by amending section 201 to read as follows:
``SEC. 201. DEPARTMENT OF DEFENSE.
``Except to the extent inconsistent with the provisions of this Act
or other provisions of law, the provisions of title 5, United States
Code, shall be applicable to the Department of Defense.'';
(7) in section 205, by redesignating subsections (b) and
(c) as subsections (a) and (b), respectively;
(8) in section 206, by striking ``(a)'';
(9) in section 207, by striking ``(c)'';
(10) in section 308(a), by striking ``this Act'' and
inserting ``sections 2, 101, 102, 103, and 303 of this Act'';
(11) by redesignating section 411 as section 312;
(12) in section 503--
(A) in paragraph (5) of subsection (c)--
(i) by moving the margins of such paragraph
2 ems to the left; and
(ii) by moving the margins of subparagraph
(B) of such paragraph 2 ems to the left; and
(B) in paragraph (2) of subsection (d), by moving
the margins of such paragraph 2 ems to the left; and
(13) in subparagraph (B) of paragraph (3) of subsection (a)
of section 504, by moving the margins of such subparagraph 2
ems to the right.
<all>
DEBATE - Pursuant to the provisions of H. Res. 989, the Committee of the Whole proceeded with 10 minutes of debate on the Schneider amendment No. 2.
DEBATE - Pursuant to the provisions of H. Res. 989, the Committee of the Whole proceeded with 10 minutes of debate on the Jackson Lee amendment No. 3.
DEBATE - Pursuant to the provisions of H. Res. 989, the Committee of the Whole proceeded with 10 minutes of debate on the Vargas amendment No. 4.
DEBATE - Pursuant to the provisions of H. Res. 989, the Committee of the Whole proceeded with 10 minutes of debate on the Torres amendment No. 5.
DEBATE - Pursuant to the provisions of H. Res. 989, the Committee of the Whole proceeded with 10 minutes of debate on the Hastings amendment No. 6.
DEBATE - Pursuant to the provisions of H. Res. 989, the Committee of the Whole proceeded with 10 minutes of debate on the Schneider amendment No. 7.
DEBATE - Pursuant to the provisions of H. Res. 989, the Committee of the Whole proceeded with 10 minutes of debate on the Bera amendment No. 8.
DEBATE - Pursuant to the provisions of H. Res. 989, the Committee of the Whole proceeded with 10 minutes of debate on the Kennedy amendment No. 9.
DEBATE - Pursuant to the provisions of H. Res. 989, the Committee of the Whole proceeded with 10 minutes of debate on the Rice (NY) amendment No. 10.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line
DEBATE - Pursuant to the provisions of H.Res. 989, the Committee of the Whole proceeded with 10 minutes of debate on the Lipinski amendment No. 11.
DEBATE - Pursuant to the provisions of H.Res. 989, the Committee of the Whole proceeded with 10 minutes of debate on the Davidson amendment No. 12.
The House rose from the Committee of the Whole House on the state of the Union to report H.R. 6237.
The previous question was ordered pursuant to the rule.
The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union.
POSTPONED PROCEEDINGS - At conclusion of debate on H.R. 6237, the Chair put the question on passage of the bill, and by voice vote announced that the ayes had prevailed. Mr. Nunes demanded the yeas and nays and the Chair postponed further proceedings on the question of passage until later in the legislative day.
Considered as unfinished business. (consideration: CR H6162-6163)
Passed/agreed to in House: On passage Passed by the Yeas and Nays: 363 - 54 (Roll no. 326).
Roll Call #326 (House)On passage Passed by the Yeas and Nays: 363 - 54 (Roll no. 326).
Roll Call #326 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate.