[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1589 Reported in Senate (RS)]
<DOC>
Calendar No. 97
116th CONGRESS
1st Session
S. 1589
To authorize appropriations for fiscal years 2018, 2019, and 2020 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 SENATE OF THE UNITED STATES
May 22, 2019
Mr. Burr, from the Select Committee on Intelligence, reported the
following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal years 2018, 2019, and 2020 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.
(a) Short Title.--This Act may be cited as the ``Damon Paul Nelson
and Matthew Young Pollard Intelligence Authorization Act for Fiscal
Years 2018, 2019, and 2020''.
SEC. 2. DIVISIONS AND TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into two divisions as
follows:
(1) Division A--Intelligence Authorizations for Fiscal Year
2020.
(2) Division B--Intelligence Authorizations for Fiscal
Years 2018 and 2019.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Divisions and table of contents.
Sec. 3. Definitions.
DIVISION A--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2020
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Intelligence community management account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
Sec. 202. Modification of amount of Central Intelligence Agency
voluntary separation pay.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by
law.
Sec. 303. Improving the onboarding methodology for certain intelligence
personnel.
Sec. 304. Intelligence community public-private talent exchange.
Sec. 305. Expansion of scope of protections for identities of covert
agents.
Sec. 306. Inclusion of security risks in program management plans
required for acquisition of major systems
in National Intelligence Program.
Sec. 307. Paid parental leave.
Subtitle B--Office of the Director of National Intelligence
Sec. 311. Exclusivity, consistency, and transparency in security
clearance procedures and right to appeal.
Sec. 312. Limitation on transfer of National Intelligence University.
Sec. 313. Improving visibility into the security clearance process.
Sec. 314. Making certain policies and execution plans relating to
personnel clearances available to industry
partners.
Subtitle C--Inspector General of the Intelligence Community
Sec. 321. Definitions.
Sec. 322. Inspector General external review panel.
Sec. 323. Harmonization of whistleblower processes and procedures.
Sec. 324. Intelligence community oversight of agency whistleblower
actions.
Sec. 325. Report on cleared whistleblower attorneys.
TITLE IV--REPORTS AND OTHER MATTERS
Sec. 401. Study on foreign employment of former personnel of
intelligence community.
Sec. 402. Comprehensive economic assessment of investment in key United
States technologies by companies or
organizations linked to China.
Sec. 403. Analysis of and periodic briefings on major initiatives of
intelligence community in artificial
intelligence and machine learning.
Sec. 404. Encouraging cooperative actions to detect and counter foreign
influence operations.
Sec. 405. Oversight of foreign influence in academia.
Sec. 406. Director of National Intelligence report on fifth-generation
wireless network technology.
Sec. 407. Annual report by Comptroller General of the United States on
cybersecurity and surveillance threats to
Congress.
Sec. 408. Director of National Intelligence assessments of foreign
interference in elections.
Sec. 409. Study on feasibility and advisability of establishing
Geospatial-Intelligence Museum and learning
center.
Sec. 410. Report on death of Jamal Khashoggi.
DIVISION B--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018 AND 2019
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
Sec. 202. Computation of annuities for employees of the Central
Intelligence Agency.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by
law.
Sec. 303. Modification of special pay authority for science,
technology, engineering, or mathematics
positions and addition of special pay
authority for cyber positions.
Sec. 304. Modification of appointment of Chief Information Officer of
the Intelligence Community.
Sec. 305. Director of National Intelligence review of placement of
positions within the intelligence community
on the Executive Schedule.
Sec. 306. Supply Chain and Counterintelligence Risk Management Task
Force.
Sec. 307. Consideration of adversarial telecommunications and
cybersecurity infrastructure when sharing
intelligence with foreign governments and
entities.
Sec. 308. Cyber protection support for the personnel of the
intelligence community in positions highly
vulnerable to cyber attack.
Sec. 309. Modification of authority relating to management of supply-
chain risk.
Sec. 310. Limitations on determinations regarding certain security
classifications.
Sec. 311. Joint Intelligence Community Council.
Sec. 312. Intelligence community information technology environment.
Sec. 313. Report on development of secure mobile voice solution for
intelligence community.
Sec. 314. Policy on minimum insider threat standards.
Sec. 315. Submission of intelligence community policies.
Sec. 316. Expansion of intelligence community recruitment efforts.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Authority for protection of current and former employees of
the Office of the Director of National
Intelligence.
Sec. 402. Designation of the program manager-information sharing
environment.
Sec. 403. Technical modification to the executive schedule.
Sec. 404. Chief Financial Officer of the Intelligence Community.
Sec. 405. Chief Information Officer of the Intelligence Community.
Subtitle B--Central Intelligence Agency
Sec. 411. Central Intelligence Agency subsistence for personnel
assigned to austere locations.
Sec. 412. Expansion of security protective service jurisdiction of the
Central Intelligence Agency.
Sec. 413. 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. 421. Consolidation of Department of Energy Offices of Intelligence
and Counterintelligence.
Sec. 422. Establishment of Energy Infrastructure Security Center.
Sec. 423. Repeal of Department of Energy Intelligence Executive
Committee and budget reporting requirement.
Subtitle D--Other Elements
Sec. 431. Plan for designation of counterintelligence component of
Defense Security Service as an element of
intelligence community.
Sec. 432. Notice not required for private entities.
Sec. 433. Framework for roles, missions, and functions of Defense
Intelligence Agency.
Sec. 434. Establishment of advisory board for National Reconnaissance
Office.
Sec. 435. Collocation of certain Department of Homeland Security
personnel at field locations.
TITLE V--ELECTION MATTERS
Sec. 501. Report on cyber attacks by foreign governments against United
States election infrastructure.
Sec. 502. Review of intelligence community's posture to collect against
and analyze Russian efforts to influence
the Presidential election.
Sec. 503. Assessment of foreign intelligence threats to Federal
elections.
Sec. 504. Strategy for countering Russian cyber threats to United
States elections.
Sec. 505. Assessment of significant Russian influence campaigns
directed at foreign elections and
referenda.
Sec. 506. Foreign counterintelligence and cybersecurity threats to
Federal election campaigns.
Sec. 507. Information sharing with State election officials.
Sec. 508. Notification of significant foreign cyber intrusions and
active measures campaigns directed at
elections for Federal offices.
Sec. 509. Designation of counterintelligence officer to lead election
security matters.
TITLE VI--SECURITY CLEARANCES
Sec. 601. Definitions.
Sec. 602. Reports and plans relating to security clearances and
background investigations.
Sec. 603. Improving the process for security clearances.
Sec. 604. Goals for promptness of determinations regarding security
clearances.
Sec. 605. Security Executive Agent.
Sec. 606. Report on unified, simplified, Governmentwide standards for
positions of trust and security clearances.
Sec. 607. Report on clearance in person concept.
Sec. 608. Budget request documentation on funding for background
investigations.
Sec. 609. Reports on reciprocity for security clearances inside of
departments and agencies.
Sec. 610. Intelligence community reports on security clearances.
Sec. 611. Periodic report on positions in the intelligence community
that can be conducted without access to
classified information, networks, or
facilities.
Sec. 612. Information sharing program for positions of trust and
security clearances.
Sec. 613. Report on protections for confidentiality of whistleblower-
related communications.
TITLE VII--REPORTS AND OTHER MATTERS
Subtitle A--Matters Relating to Russia and Other Foreign Powers
Sec. 701. Limitation relating to establishment or support of
cybersecurity unit with the Russian
Federation.
Sec. 702. Report on returning Russian compounds.
Sec. 703. Assessment of threat finance relating to Russia.
Sec. 704. Notification of an active measures campaign.
Sec. 705. Notification of travel by accredited diplomatic and consular
personnel of the Russian Federation in the
United States.
Sec. 706. Report on outreach strategy addressing threats from United
States adversaries to the United States
technology sector.
Sec. 707. Report on Iranian support of proxy forces in Syria and
Lebanon.
Sec. 708. Annual report on Iranian expenditures supporting foreign
military and terrorist activities.
Sec. 709. Expansion of scope of committee to counter active measures
and report on establishment of Foreign
Malign Influence Center.
Subtitle B--Reports
Sec. 711. Technical correction to Inspector General study.
Sec. 712. Reports on authorities of the Chief Intelligence Officer of
the Department of Homeland Security.
Sec. 713. Report on cyber exchange program.
Sec. 714. Review of intelligence community whistleblower matters.
Sec. 715. Report on role of Director of National Intelligence with
respect to certain foreign investments.
Sec. 716. Report on surveillance by foreign governments against United
States telecommunications networks.
Sec. 717. Biennial report on foreign investment risks.
Sec. 718. Modification of certain reporting requirement on travel of
foreign diplomats.
Sec. 719. Semiannual reports on investigations of unauthorized
disclosures of classified information.
Sec. 720. Congressional notification of designation of covered
intelligence officer as persona non grata.
Sec. 721. Reports on intelligence community participation in
vulnerabilities equities process of Federal
Government.
Sec. 722. Inspectors General reports on classification.
Sec. 723. Reports on global water insecurity and national security
implications and briefing on emerging
infectious disease and pandemics.
Sec. 724. Annual report on memoranda of understanding between elements
of intelligence community and other
entities of the United States Government
regarding significant operational
activities or policy.
Sec. 725. Study on the feasibility of encrypting unclassified wireline
and wireless telephone calls.
Sec. 726. Modification of requirement for annual report on hiring and
retention of minority employees.
Sec. 727. Reports on intelligence community loan repayment and related
programs.
Sec. 728. Repeal of certain reporting requirements.
Sec. 729. Inspector General of the Intelligence Community report on
senior executives of the Office of the
Director of National Intelligence.
Sec. 730. Briefing on Federal Bureau of Investigation offering
permanent residence to sources and
cooperators.
Sec. 731. Intelligence assessment of North Korea revenue sources.
Sec. 732. Report on possible exploitation of virtual currencies by
terrorist actors.
Subtitle C--Other Matters
Sec. 741. Public Interest Declassification Board.
Sec. 742. Securing energy infrastructure.
Sec. 743. Bug bounty programs.
Sec. 744. Modification of authorities relating to the National
Intelligence University.
Sec. 745. Technical and clerical amendments to the National Security
Act of 1947.
Sec. 746. Technical amendments related to the Department of Energy.
Sec. 747. Sense of Congress on notification of certain disclosures of
classified information.
Sec. 748. Sense of Congress on consideration of espionage activities
when considering whether or not to provide
visas to foreign individuals to be
accredited to a United Nations mission in
the United States.
Sec. 749. Sense of Congress on WikiLeaks.
SEC. 3. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in such section.
DIVISION A--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2020
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2020
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. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be
appropriated under section 101 for the conduct of the intelligence
activities of the elements listed in paragraphs (1) through (16) of
section 101, 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. 103. 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 2020 the sum of
$558,000,000.
(b) Classified 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 2020 such additional amounts as are specified in the
classified Schedule of Authorizations referred to in section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund $514,000,000 for fiscal year
2020.
SEC. 202. MODIFICATION OF AMOUNT OF CENTRAL INTELLIGENCE AGENCY
VOLUNTARY SEPARATION PAY.
Section 2 of the Central Intelligence Agency Voluntary Separation
Pay Act (50 U.S.C. 3519a(e)(2)) is amended--
(1) in subsection (e)(2)(B), by striking ``$25,000'' and
inserting ``$40,000 (as adjusted from time to time under
subsection (f))'';
(2) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(3) by inserting after subsection (e) the following:
``(c) Adjustments.--
``(1) In general.--On March 1 of each year, the Director
shall provide a percentage increase (rounded in accordance with
paragraph (2)) in the amount specified in subsection (e)(2)(B),
equal to the percentage by which--
``(A) the Consumer Price Index (all items, United
States city average) for the 12-month period ending on
the December 31 immediately preceding the date on which
the increase is made, exceeds
``(B) the Consumer Price Index for the 12-month
period preceding the 12-month period described in
subparagraph (A).
``(2) Rounding.--A percentage increase under paragraph (1)
shall be adjusted to the nearest one-tenth of one percent, and
an amount determined under paragraph (1) shall be rounded to
the nearest multiple of $1,000 (or, if midway between multiples
of $1,000, to the next higher multiple of $1,000).''.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
SEC. 301. 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. 302. 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. 303. IMPROVING THE ONBOARDING METHODOLOGY FOR CERTAIN INTELLIGENCE
PERSONNEL.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence and the
Committee on Armed Services of the Senate; and
(B) the Permanent Select Committee on Intelligence
and the Committee on Armed Services of the House of
Representatives.
(2) Covered elements of the intelligence community.--The
term ``covered elements of the intelligence community'' means
the elements of the intelligence community that are within the
following:
(A) The Department of Energy.
(B) The Department of Homeland Security.
(C) The Department of Justice.
(D) The Department of State.
(E) The Department of the Treasury.
(b) In General.--The Secretary of Defense and the Director of
National Intelligence shall, consistent with Department of Defense
Instruction 1400.25, as in effect on the day before the date of the
enactment of this Act--
(1) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate committees of Congress a
report that outlines a common methodology for measuring
onboarding in covered elements of the intelligence community,
including human resources and security processes;
(2) not later than 1 year after the date of the enactment
of this Act, issue metrics for assessing key phases in the
onboarding described in paragraph (1) for which results will be
reported by the date that is 90 days after the date of such
issuance;
(3) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate committees of Congress a
report on collaboration among covered elements of the
intelligence community on their onboarding processes;
(4) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate committees of Congress a
report on employment of automated mechanisms in covered
elements of the intelligence community, including for tracking
personnel as they pass through each phase of the onboarding
process; and
(5) not later than December 31, 2020, distribute surveys to
human resources offices and applicants about their experiences
with the onboarding process in covered elements of the
intelligence community.
SEC. 304. INTELLIGENCE COMMUNITY PUBLIC-PRIVATE TALENT EXCHANGE.
(a) Policies, Processes, and Procedures Required.--Not later than
270 days after the date of the enactment of this Act, the Director of
National Intelligence shall develop policies, processes, and procedures
to facilitate the rotation of personnel of the intelligence community
to the private sector, and personnel from the private sector to the
intelligence community.
(b) Detail Authority.--Under policies developed by the Director
pursuant to subsection (a), with the agreement of a private-sector
organization, and with the consent of the employee, a head of an
element of the intelligence community may arrange for the temporary
detail of an employee of such element to such private-sector
organization, or from such private-sector organization to such element
under this section.
(c) Agreements.--
(1) In general.--A head of an element of the intelligence
community exercising the authority of the head under subsection
(a) shall provide for a written agreement among the element of
the intelligence community, the private-sector organization,
and the employee concerned regarding the terms and conditions
of the employee's detail under this section. The agreement--
(A) shall require that the employee of the element,
upon completion of the detail, serve in the element, or
elsewhere in the civil service if approved by the head
of the element, for a period of at least equal to the
length of the detail;
(B) shall provide that if the employee of the
element fails to carry out the agreement, such employee
shall be liable to the United States for payment of all
non-salary and benefit expenses of the detail, unless
that failure was for good and sufficient reason, as
determined by the head of the element;
(C) shall contain language informing such employee
of the prohibition on improperly sharing or using non-
public information that such employee may be privy to
or aware of related to element programming, budgeting,
resourcing, acquisition, or procurement for the benefit
or advantage of the private-sector organization; and
(D) shall contain language requiring the employee
to acknowledge the obligations of the employee under
section 1905 of title 18, United States Code (relating
to trade secrets).
(2) Amount of liability.--An amount for which an employee
is liable under paragraph (1) shall be treated as a debt due
the United States.
(3) Waiver.--The head of an element of the intelligence
community may waive, in whole or in part, collection of a debt
described in paragraph (2) based on a determination that the
collection would be against equity and good conscience and not
in the best interests of the United States, after taking into
account any indication of fraud, misrepresentation, fault, or
lack of good faith on the part of the employee.
(d) Termination.--A detail under this section may, at any time and
for any reason, be terminated by the head of the element of the
intelligence community concerned or the private-sector organization
concerned.
(e) Duration.--
(1) In general.--A detail under this section shall be for a
period of not less than 3 months and not more than 2 years,
renewable up to a total of 3 years.
(2) Longer periods.--A detail under this section may be for
a period in excess of 2 years, but not more than 3 years, if
the head of the element making the detail determines that such
detail is necessary to meet critical mission or program
requirements.
(3) Limitation.--No employee of an element of the
intelligence community may be detailed under this section for
more than a total of 5 years, inclusive of all such details.
(f) Status of Federal Employees Detailed to Private-sector
Organizations.--
(1) In general.--An employee of an element of the
intelligence community who is detailed to a private-sector
organization under this section shall be considered, during the
period of detail, to be on a regular work assignment in the
element for all purposes. The written agreement established
under subsection (c)(1) shall address the specific terms and
conditions related to the employee's continued status as a
Federal employee.
(2) Requirements.--In establishing a temporary detail of an
employee of an element of the intelligence community to a
private-sector organization, the head of the element shall--
(A) certify that the temporary detail of such
employee shall not have an adverse or negative impact
on mission attainment or organizational capabilities
associated with the detail; and
(B) in the case of an element of the intelligence
community in the Department of Defense, ensure that the
normal duties and functions of such employees are not,
as a result of and during the course of such temporary
detail, performed or augmented by contractor personnel
in violation of the provisions of section 2461 of title
10, United States Code.
(g) Terms and Conditions for Private-sector Employees.--An employee
of a private-sector organization who is detailed to an element of the
intelligence community under this section--
(1) shall continue to receive pay and benefits from the
private-sector organization from which such employee is
detailed and shall not receive pay or benefits from the
element, except as provided in paragraph (2);
(2) is deemed to be an employee of the element for the
purposes of--
(A) chapters 73 and 81 of title 5, United States
Code;
(B) sections 201, 203, 205, 207, 208, 209, 603,
606, 607, 643, 654, 1905, and 1913 of title 18, United
States Code;
(C) sections 1343, 1344, and 1349(b) of title 31,
United States Code;
(D) chapter 171 of title 28, United States Code
(commonly known as the ``Federal Tort Claims Act'') and
any other Federal tort liability statute;
(E) the Ethics in Government Act of 1978 (5 U.S.C.
App.); and
(F) chapter 21 of title 41, United States Code;
(3) may perform work that is considered inherently
governmental in nature only when requested in writing by the
head of the element;
(4) may not be used to circumvent any limitation or
restriction on the size of the workforce of the element;
(5) shall be subject to the same requirements applicable to
an employee performing the same functions and duties proposed
for performance by the private sector employee; and
(6) in the case of an element of the intelligence community
in the Department of Defense, may not be used to circumvent the
provisions of section 2461 of title 10, United States Code.
(h) Prohibition Against Charging Certain Costs to the Federal
Government.--A private-sector organization may not charge an element of
the intelligence community or any other agency of the Federal
Government, as direct costs under a Federal contract, the costs of pay
or benefits paid by the organization to an employee detailed to an
element of the intelligence community under this section for the period
of the detail and any subsequent renewal periods.
(i) Additional Administrative Matters.--In carrying out this
section, the Director, pursuant to procedures developed under
subsection (a)--
(1) shall, to the degree practicable, ensure that small
business concerns are represented with respect to details
authorized by this section;
(2) may, notwithstanding any other provision of law,
establish criteria for elements of the intelligence community
to use appropriated funds to reimburse small business concerns
for the salaries and benefits of its employees during the
periods when the small business concern agrees to detail its
employees to the intelligence community under this section;
(3) shall take into consideration the question of how
details under this section might best be used to help meet the
needs of the intelligence community, including with respect to
the training of employees;
(4) shall take into consideration areas of private-sector
expertise that are critical to the intelligence community; and
(5) shall establish oversight mechanisms to determine
whether the public-private exchange authorized by this section
improves the efficiency and effectiveness of the intelligence
community.
(j) Definitions.--In this section:
(1) Detail.--The term ``detail'' means, as appropriate in
the context in which such term is used--
(A) the assignment or loan of an employee of an
element of the intelligence community to a private-
sector organization without a change of position from
the intelligence community element that employs the
individual; or
(B) the assignment or loan of an employee of a
private-sector organization to an element of the
intelligence community without a change of position
from the private-sector organization that employs the
individual.
(2) Private-sector organization.--The term ``private-sector
organization'' means--
(A) a for-profit organization; or
(B) a not-for-profit organization.
(3) Small business concern.--The term ``small business
concern'' has the meaning given such term in section 3703(e)(2)
of title 5, United States Code.
SEC. 305. EXPANSION OF SCOPE OF PROTECTIONS FOR IDENTITIES OF COVERT
AGENTS.
Section 605(4) of the National Security Act of 1947 (50 U.S.C.
3126(4)) is amended--
(1) in subparagraph (A)--
(A) by striking clause (ii);
(B) in clause (i), by striking ``, and'' and
inserting ``; or''; and
(C) by striking ``agency--'' and all that follows
through ``whose identity'' and inserting ``agency whose
identity''; and
(2) in subparagraph (B)(i), by striking ``resides and acts
outside the United States'' and inserting ``acts''.
SEC. 306. INCLUSION OF SECURITY RISKS IN PROGRAM MANAGEMENT PLANS
REQUIRED FOR ACQUISITION OF MAJOR SYSTEMS IN NATIONAL
INTELLIGENCE PROGRAM.
Section 102A(q)(1)(A) of the National Security Act of 1947 (50
U.S.C. 3024(q)(1)(A)) is amended by inserting ``security risks,'' after
``schedule,''.
SEC. 307. PAID PARENTAL LEAVE.
(a) Purpose.--The purpose of this section is to--
(1) help the intelligence community recruit and retain a
dynamic, multi-talented, and diverse workforce capable of
meeting the security goals of the United States; and
(2) establish best practices and processes for other
elements of the Federal Government seeking to pursue similar
policies.
(b) Authorization of Paid Parental Leave for Intelligence Community
Employees.--
(1) In general.--Title III of the National Security Act of
1947 (50 U.S.C. 3071 et seq.) is amended by inserting after
section 304 the following:
``SEC. 305. PAID PARENTAL LEAVE.
``(a) Paid Parental Leave.--Notwithstanding any other provision of
law, a civilian employee of an element of the intelligence community
shall have available a total of 12 administrative workweeks of paid
parental leave in the event of the birth of a son or daughter to the
employee, or placement of a son or daughter with the employee for
adoption or foster care, and in order to care for such son or daughter,
to be used during the 12-month period beginning on the date of the
birth or placement.
``(b) Treatment of Parental Leave Request.--Notwithstanding any
other provision of law--
``(1) an element of the intelligence community shall
accommodate an employee's leave schedule request under
subsection (a), including a request to use such leave
intermittently or on a reduced leave schedule, to the extent
that the requested leave schedule does not unduly disrupt
agency operations; and
``(2) to the extent that an employee's requested leave
schedule as described in paragraph (1) is based on medical
necessity related to a serious health condition connected to
the birth of a son or daughter, the employing element shall
handle the scheduling consistent with the treatment of
employees who are using leave under subparagraph (C) or (D) of
section 6382(a)(1) of title 5, United States Code.
``(c) Rules Relating to Paid Leave.--Notwithstanding any other
provision of law--
``(1) an employee may not be required to first use all or
any portion of any unpaid leave available to the employee
before being allowed to use the paid parental leave described
in subsection (a); and
``(2) paid parental leave under subsection (a)--
``(A) shall be payable from any appropriation or
fund available for salaries or expenses for positions
within the employing element;
``(B) may not be considered to be annual or
vacation leave for purposes of section 5551 or 5552 of
title 5, United States Code, or for any other purpose;
``(C) if not used by the employee before the end of
the 12-month period described in subsection (a) to
which the leave relates, may not be available for any
subsequent use and may not be converted into a cash
payment;
``(D) may be granted only to the extent that the
employee does not receive a total of more than 12 weeks
of paid parental leave in any 12-month period beginning
on the date of a birth or placement;
``(E) may not be granted--
``(i) in excess of a lifetime aggregate
total of 30 administrative workweeks based on
placements of a foster child for any individual
employee; or
``(ii) in connection with temporary foster
care placements expected to last less than 1
year;
``(F) may not be granted for a child being placed
for foster care or adoption if such leave was
previously granted to the same employee when the same
child was placed with the employee for foster care in
the past;
``(G) shall be used in increments of hours (or
fractions thereof), with 12 administrative workweeks
equal to 480 hours for employees with a regular full-
time work schedule and converted to a proportional
number of hours for employees with part-time, seasonal,
or uncommon tours of duty; and
``(H) may not be used during off-season (nonpay
status) periods for employees with seasonal work
schedules.
``(d) Implementation Plan.--Not later than 1 year after the date of
enactment of this section, the Director of National Intelligence shall
provide the congressional intelligence committees with an
implementation plan that includes--
``(1) processes and procedures for implementing the paid
parental leave policies under subsections (a) through (c);
``(2) an explanation of how the implementation of
subsections (a) through (c) will be reconciled with policies of
other elements of the Federal Government, including the impact
on elements funded by the National Intelligence Program that
are housed within agencies outside the intelligence community;
``(3) the projected impact of the implementation of
subsections (a) through (c) on the workforce of the
intelligence community, including take rates, retention,
recruiting, and morale, broken down by each element of the
intelligence community; and
``(4) all costs or operational expenses associated with the
implementation of subsections (a) through (c).
``(e) Directive.--Not later than 90 days after the Director of
National Intelligence submits the implementation plan under subsection
(d), the Director of National Intelligence shall issue a written
directive to implement this section, which directive shall take effect
on the date of issuance.
``(f) Annual Report.--The Director of National Intelligence shall
submit to the congressional intelligence committees an annual report
that--
``(1) details the number of employees of each element of
the intelligence community who applied for and took paid
parental leave under subsection (a) during the year covered by
the report; and
``(2) includes updates on major implementation challenges
or costs associated with paid parental leave.
``(g) Definition of Son or Daughter.--For purposes of this section,
the term `son or daughter' has the meaning given the term in section
6381 of title 5, United States Code.''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of the National Security Act of 1947
(50 U.S.C. 3002) is amended by inserting after the item
relating to section 304 the following:
``Sec. 305. Paid parental leave.''.
(c) Applicability.--Section 305 of the National Security Act of
1947, as added by subsection (b), shall apply with respect to leave
taken in connection with the birth or placement of a son or daughter
that occurs on or after the date on which the Director of National
Intelligence issues the written directive under subsection (e) of such
section 305.
Subtitle B--Office of the Director of National Intelligence
SEC. 311. EXCLUSIVITY, CONSISTENCY, AND TRANSPARENCY IN SECURITY
CLEARANCE PROCEDURES AND RIGHT TO APPEAL.
(a) Exclusivity of Procedures.--Section 801 of the National
Security Act of 1947 (50 U.S.C. 3161) is amended by adding at the end
the following:
``(c) Exclusivity.--Except as provided in subsection (b) and
subject to sections 801A and 801B, the procedures established pursuant
to subsection (a) shall be the exclusive procedures by which decisions
about eligibility for access to classified information are governed.''.
(b) Transparency.--Such section is further amended by adding at the
end the following:
``(d) Publication.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this subsection, the President shall--
``(A) publish in the Federal Register the
procedures established pursuant to subsection (a); or
``(B) submit to Congress a certification that the
procedures currently in effect that govern access to
classified information as described in subsection (a)--
``(i) are published in the Federal
Register; and
``(ii) comply with the requirements of
subsection (a).
``(2) Updates.--Whenever the President makes a revision to
a procedure established pursuant to subsection (a), the
President shall publish such revision in the Federal Register
not later than 30 days before the date on which the revision
becomes effective.''.
(c) Consistency.--
(1) In general.--Title VIII of the National Security Act of
1947 (50 U.S.C. 3161 et seq.) is amended by inserting after
section 801 the following:
``SEC. 801A. DECISIONS RELATING TO ACCESS TO CLASSIFIED INFORMATION.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term `Executive agency' in section 105 of title 5, United
States Code.
``(2) Classified information.--The term `classified
information' includes sensitive compartmented information,
restricted data, restricted handling information, and other
compartmented information.
``(3) Eligibility for access to classified information.--
The term `eligibility for access to classified information' has
the meaning given such term in the procedures established
pursuant to section 801(a).
``(b) In General.--Each head of an agency that makes a
determination regarding eligibility for access to classified
information shall ensure that in making the determination, the head of
the agency or any person acting on behalf of the agency--
``(1) does not violate any right or protection enshrined in
the Constitution of the United States, including rights
articulated in the First, Fifth, and Fourteenth Amendments;
``(2) does not discriminate for or against an individual on
the basis of race, color, religion, sex, national origin, age,
or handicap;
``(3) is not carrying out--
``(A) retaliation for political activities or
beliefs; or
``(B) a coercion or reprisal described in section
2302(b)(3) of title 5, United States Code; and
``(4) does not violate section 3001(j)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(j)(1)).''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of the National Security Act of 1947
(50 U.S.C. 3002) is amended by inserting after the item
relating to section 801 the following:
``Sec. 801A. Decisions relating to access to classified information.''.
(d) Right to Appeal.--
(1) In general.--Such title, as amended by subsection (c),
is further amended by inserting after section 801A the
following:
``SEC. 801B. RIGHT TO APPEAL.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term `Executive agency' in section 105 of title 5, United
States Code.
``(2) Covered person.--The term `covered person' means a
person, other than the President and Vice President, currently
or formerly employed in, detailed to, assigned to, or issued an
authorized conditional offer of employment for a position that
requires access to classified information by an agency,
including the following:
``(A) A member of the Armed Forces.
``(B) A civilian.
``(C) An expert or consultant with a contractual or
personnel obligation to an agency.
``(D) Any other category of person who acts for or
on behalf of an agency as determined by the head of the
agency.
``(3) Eligibility for access to classified information.--
The term `eligibility for access to classified information' has
the meaning given such term in the procedures established
pursuant to section 801(a).
``(4) Need for access.--The term `need for access' has such
meaning as the President may define in the procedures
established pursuant to section 801(a).
``(5) Security executive agent.--The term `Security
Executive Agent' means the officer serving as the Security
Executive Agent pursuant to section 803.
``(b) Agency Review.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018,
2019, and 2020, each head of an agency shall, consistent with
the interest of national security, establish and publish in the
Federal Register a process by which a covered person to whom
eligibility for access to classified information was denied or
revoked by the agency can appeal that denial or revocation
within the agency.
``(2) Elements.--The process required by paragraph (1)
shall include the following:
``(A) In the case of a covered person to whom
eligibility for access to classified information is
denied or revoked by an agency, the following:
``(i) The head of the agency shall provide
the covered person with a written--
``(I) detailed explanation of the
basis for the denial or revocation as
the head of the agency determines is
consistent with the interests of
national security and as permitted by
other applicable provisions of law; and
``(II) notice of the right of the
covered person to a hearing and appeal
under this subsection.
``(ii) Not later than 30 days after
receiving a request from the covered person for
copies of the documents that formed the basis
of the agency's decision to revoke or deny,
including the investigative file, the head of
the agency shall provide to the covered person
copies of such documents as--
``(I) the head of the agency
determines is consistent with the
interests of national security; and
``(II) permitted by other
applicable provisions of law,
including--
``(aa) section 552 of title
5, United States Code (commonly
known as the `Freedom of
Information Act');
``(bb) section 552a of such
title (commonly known as the
`Privacy Act of 1974'); and
``(cc) such other
provisions of law relating to
the protection of confidential
sources and privacy of
individuals.
``(iii)(I) The covered person shall have
the opportunity to retain counsel or other
representation at the covered person's expense.
``(II) Upon the request of the covered
person, and a showing that the ability to
review classified information is essential to
the resolution of an appeal under this
subsection, counsel or other representation
retained under this clause shall be considered
for access to classified information for the
limited purposes of such appeal.
``(iv)(I) The head of the agency shall
provide the covered person an opportunity, at a
point in the process determined by the agency
head--
``(aa) to appear personally before
an adjudicative or other authority,
other than the investigating entity,
and to present to such authority
relevant documents, materials, and
information, including evidence that
past problems relating to the denial or
revocation have been overcome or
sufficiently mitigated; and
``(bb) to call and cross-examine
witnesses before such authority, unless
the head of the agency determines that
calling and cross-examining witnesses
is not consistent with the interests of
national security.
``(II) The head of the agency shall make,
as part of the security record of the covered
person, a written summary, transcript, or
recording of any appearance under item (aa) of
subclause (I) or calling or cross-examining of
witnesses under item (bb) of such subclause.
``(v) On or before the date that is 30 days
after the date on which the covered person
receives copies of documents under clause (ii),
the covered person may request a hearing of the
decision to deny or revoke by filing a written
appeal with the head of the agency.
``(B) A requirement that each review of a decision
under this subsection is completed on average not later
than 180 days after the date on which a hearing is
requested under subparagraph (A)(v).
``(3) Agency review panels.--
``(A) In general.--Each head of an agency shall
establish a panel to hear and review appeals under this
subsection.
``(B) Membership.--
``(i) Composition.--Each panel established
by the head of an agency under subparagraph (A)
shall be composed of at least three employees
of the agency selected by the head, two of whom
shall not be members of the security field.
``(ii) Terms.--A term of service on a panel
established by the head of an agency under
subparagraph (A) shall not exceed 2 years.
``(C) Decisions.--
``(i) Written.--Each decision of a panel
established under subparagraph (A) shall be in
writing and contain a justification of the
decision.
``(ii) Consistency.--Each head of an agency
that establishes a panel under subparagraph (A)
shall ensure that each decision of the panel is
consistent with the interests of national
security and applicable provisions of law.
``(iii) Overturn.--The head of an agency
may overturn a decision of the panel if, not
later than 30 days after the date on which the
panel issues the decision, the agency head
personally exercises the authority granted by
this clause to overturn such decision.
``(iv) Finality.--Each decision of a panel
established under subparagraph (A) or
overturned pursuant to clause (iii) of this
subparagraph shall be final but subject to
appeal and review under subsection (c).
``(D) Access to classified information.--The head
of an agency that establishes a panel under
subparagraph (A) shall afford access to classified
information to the members of the panel as the head
determines--
``(i) necessary for the panel to hear and
review an appeal under this subsection; and
``(ii) consistent with the interests of
national security.
``(4) Representation by counsel.--
``(A) In general.--Each head of an agency shall
ensure that, under this subsection, a covered person
appealing a decision of the head's agency under this
subsection has an opportunity to retain counsel or
other representation at the covered person's expense.
``(B) Access to classified information.--
``(i) In general.--Upon the request of a
covered person appealing a decision of an
agency under this subsection and a showing that
the ability to review classified information is
essential to the resolution of the appeal under
this subsection, the head of the agency shall
sponsor an application by the counsel or other
representation retained under this paragraph
for access to classified information for the
limited purposes of such appeal.
``(ii) Extent of access.--Counsel or
another representative who is cleared for
access under this subparagraph may be afforded
access to relevant classified materials to the
extent consistent with the interests of
national security.
``(5) Corrective action.--
``(A) In general.--If, in the course of proceedings
under this subsection, the head of an agency or a panel
established by the head under paragraph (3) decides
that a covered person's eligibility for access to
classified information was improperly denied or revoked
by the agency, the agency shall take corrective action
to return the covered person, as nearly as practicable
and reasonable, to the position such covered person
would have held had the improper denial or revocation
not occurred.
``(B) Compensation.--Corrective action under
subparagraph (A) may include compensation, in an amount
not to exceed $300,000, for any loss of wages or
benefits suffered, or expenses otherwise incurred, by
reason of such improper denial or revocation.
``(6) Publication of decisions.--
``(A) In general.--Each head of an agency shall
publish each final decision on an appeal under this
subsection.
``(B) Requirements.--In order to ensure
transparency, oversight by Congress, and meaningful
information for those who need to understand how the
clearance process works, each publication under
subparagraph (A) shall be--
``(i) made in a manner that is consistent
with section 552 of title 5, United States
Code, as amended by the Electronic Freedom of
Information Act Amendments of 1996 (Public Law
104-231);
``(ii) published to explain the facts of
the case, redacting personally identifiable
information and sensitive program information;
and
``(iii) made available on a website that is
searchable by members of the public.
``(c) Higher Level Review.--
``(1) Panel.--
``(A) Establishment.--Not later than 180 days after
the date of the enactment of the Damon Paul Nelson and
Matthew Young Pollard Intelligence Authorization Act
for Fiscal Years 2018, 2019, and 2020, the Security
Executive Agent shall establish a panel to review
decisions made on appeals pursuant to the processes
established under subsection (b).
``(B) Scope of review and jurisdiction.--After
initial review to verify grounds for appeal, the panel
established under subparagraph (A) shall review such
decisions only--
``(i) as they relate to violations of
section 801A(b); or
``(ii) to the extent to which an agency
properly conducted a review of an appeal under
subsection (b).
``(C) Composition.--The panel established pursuant
to subparagraph (A) shall be composed of three
individuals selected by the Security Executive Agent
for purposes of the panel, of whom at least one shall
be an attorney.
``(2) Appeals and timeliness.--
``(A) Appeals.--
``(i) Initiation.--On or before the date
that is 30 days after the date on which a
covered person receives a written decision on
an appeal under subsection (b), the covered
person may initiate oversight of that decision
by filing a written appeal with the Security
Executive Agent.
``(ii) Filing.--A written appeal filed
under clause (i) relating to a decision of an
agency shall be filed in such form, in such
manner, and containing such information as the
Security Executive Agent may require,
including--
``(I) a description of--
``(aa) any alleged
violations of section 801A(b)
relating to the denial or
revocation of the covered
person's eligibility for access
to classified information; and
``(bb) any allegations of
how the decision may have been
the result of the agency
failing to properly conduct a
review under subsection (b);
and
``(II) supporting materials and
information for the allegations
described under subclause (I).
``(B) Timeliness.--The Security Executive Agent
shall ensure that, on average, review of each appeal
filed under this subsection is completed not later than
180 days after the date on which the appeal is filed.
``(3) Decisions and remands.--
``(A) In general.--If, in the course of reviewing
under this subsection a decision of an agency under
subsection (b), the panel established under paragraph
(1) decides that there is sufficient evidence of a
violation of section 801A(b) to merit a new hearing or
decides that the decision of the agency was the result
of an improperly conducted review under subsection (b),
the panel shall vacate the decision made under
subsection (b) and remand to the agency by which the
covered person shall be eligible for a new appeal under
subsection (b).
``(B) Written decisions.--Each decision of the
panel established under paragraph (1) shall be in
writing and contain a justification of the decision.
``(C) Consistency.--The panel under paragraph (1)
shall ensure that each decision of the panel is
consistent with the interests of national security and
applicable provisions of law.
``(D) Finality.--
``(i) In general.--Except as provided in
clause (ii), each decision of the panel
established under paragraph (1) shall be final.
``(ii) Overturn.--The Security Executive
Agent may overturn a decision of the panel if,
not later than 30 days after the date on which
the panel issues the decision, the Security
Executive Agent personally exercises the
authority granted by this clause to overturn
such decision.
``(E) Nature of remands.--In remanding a decision
under subparagraph (A), the panel established under
paragraph (1) may not direct the outcome of any further
appeal under subsection (b).
``(F) Notice of decisions.--For each decision of
the panel established under paragraph (1) regarding a
covered person, the Security Executive Agent shall
provide the covered person with a written notice of the
decision that includes a detailed description of the
reasons for the decision, consistent with the interests
of national security and applicable provisions of law.
``(4) Representation by counsel.--
``(A) In general.--The Security Executive Agent
shall ensure that, under this subsection, a covered
person appealing a decision under subsection (b) has an
opportunity to retain counsel or other representation
at the covered person's expense.
``(B) Access to classified information.--
``(i) In general.--Upon the request of the
covered person and a showing that the ability
to review classified information is essential
to the resolution of an appeal under this
subsection, the Security Executive Agent shall
sponsor an application by the counsel or other
representation retained under this paragraph
for access to classified information for the
limited purposes of such appeal.
``(ii) Extent of access.--Counsel or
another representative who is cleared for
access under this subparagraph may be afforded
access to relevant classified materials to the
extent consistent with the interests of
national security.
``(5) Access to documents and employees.--
``(A) Affording access to members of panel.--The
Security Executive Agent shall afford access to
classified information to the members of the panel
established under paragraph (1)(A) as the Security
Executive Agent determines--
``(i) necessary for the panel to review a
decision described in such paragraph; and
``(ii) consistent with the interests of
national security.
``(B) Agency compliance with requests of panel.--
Each head of an agency shall comply with each request
by the panel for a document and each request by the
panel for access to employees of the agency necessary
for the review of an appeal under this subsection, to
the degree that doing so is, as determined by the head
of the agency and permitted by applicable provisions of
law, consistent with the interests of national
security.
``(6) Publication of decisions.--
``(A) In general.--For each final decision on an
appeal under this subsection, the head of the agency
with respect to which the appeal pertains and the
Security Executive Agent shall each publish the
decision, consistent with the interests of national
security.
``(B) Requirements.--In order to ensure
transparency, oversight by Congress, and meaningful
information for those who need to understand how the
clearance process works, each publication under
subparagraph (A) shall be--
``(i) made in a manner that is consistent
with section 552 of title 5, United States
Code, as amended by the Electronic Freedom of
Information Act Amendments of 1996 (Public Law
104-231);
``(ii) published to explain the facts of
the case, redacting personally identifiable
information and sensitive program information;
and
``(iii) made available on a website that is
searchable by members of the public.
``(d) Period of Time for the Right to Appeal.--
``(1) In general.--Except as provided in paragraph (2), any
covered person who has been the subject of a decision made by
the head of an agency to deny or revoke eligibility for access
to classified information shall retain all rights to appeal
under this section until the conclusion of the appeal process
under this section.
``(2) Waiver of rights.--
``(A) Persons.--Any covered person may voluntarily
waive the covered person's right to appeal under this
section and such waiver shall be conclusive.
``(B) Agencies.--The head of an agency may not
require a covered person to waive the covered person's
right to appeal under this section for any reason.
``(e) Waiver of Availability of Procedures for National Security
Interest.--
``(1) In general.--If the head of an agency determines that
a procedure established under this section cannot be made
available to a covered person in an exceptional case without
damaging a national security interest of the United States by
revealing classified information, such procedure shall not be
made available to such covered person.
``(2) Finality.--A determination under paragraph (1) shall
be final and conclusive and may not be reviewed by any other
official or by any court.
``(3) Reporting.--
``(A) Case-by-case.--
``(i) In general.--In each case in which
the head of an agency determines under
paragraph (1) that a procedure established
under this section cannot be made available to
a covered person, the head shall, not later
than 30 days after the date on which the head
makes such determination, submit to the
Security Executive Agent and to the
congressional intelligence committees a report
stating the reasons for the determination.
``(ii) Form.--A report submitted under
clause (i) may be submitted in classified form
as necessary.
``(B) Annual reports.--
``(i) In general.--Not less frequently than
once each fiscal year, the Security Executive
Agent shall submit to the congressional
intelligence committees a report on the
determinations made under paragraph (1) during
the previous fiscal year.
``(ii) Contents.--Each report submitted
under clause (i) shall include, for the period
covered by the report, the following:
``(I) The number of cases and
reasons for determinations made under
paragraph (1), disaggregated by agency.
``(II) Such other matters as the
Security Executive Agent considers
appropriate.
``(f) Denials and Revocations Under Other Provisions of Law.--
``(1) Rule of construction.--Nothing in this section shall
be construed to limit or affect the responsibility and power of
the head of an agency to deny or revoke eligibility for access
to classified information in the interest of national security.
``(2) Denials and revocation.--The power and responsibility
to deny or revoke eligibility for access to classified
information pursuant to any other provision of law or Executive
order may be exercised only when the head of an agency
determines that an applicable process established under this
section cannot be invoked in a manner that is consistent with
national security.
``(3) Finality.--A determination under paragraph (2) shall
be final and conclusive and may not be reviewed by any other
official or by any court.
``(4) Reporting.--
``(A) Case-by-case.--
``(i) In general.--In each case in which
the head of an agency determines under
paragraph (2) that determination relating to a
denial or revocation of eligibility for access
to classified information could not be made
pursuant to a process established under this
section, the head shall, not later than 30 days
after the date on which the head makes such
determination under paragraph (2), submit to
the Security Executive Agent and to the
congressional intelligence committees a report
stating the reasons for the determination.
``(ii) Form.--A report submitted under
clause (i) may be submitted in classified form
as necessary.
``(B) Annual reports.--
``(i) In general.--Not less frequently than
once each fiscal year, the Security Executive
Agent shall submit to the congressional
intelligence committees a report on the
determinations made under paragraph (2) during
the previous fiscal year.
``(ii) Contents.--Each report submitted
under clause (i) shall include, for the period
covered by the report, the following:
``(I) The number of cases and
reasons for determinations made under
paragraph (2), disaggregated by agency.
``(II) Such other matters as the
Security Executive Agent considers
appropriate.
``(g) Relationship to Suitability.--No person may use a
determination of suitability under part 731 of title 5, Code of Federal
Regulations, or successor regulation, for the purpose of denying a
covered person the review proceedings of this section where there has
been a denial or revocation of eligibility for access to classified
information.
``(h) Preservation of Roles and Responsibilities Under Executive
Order 10865 and of the Defense Office of Hearings and Appeals.--Nothing
in this section shall be construed to diminish or otherwise affect the
procedures in effect on the day before the date of the enactment of
this Act for denial and revocation procedures provided to individuals
by Executive Order 10865 (50 U.S.C. 3161 note; relating to safeguarding
classified information within industry), or successor order, including
those administered through the Defense Office of Hearings and Appeals
of the Department of Defense under Department of Defense Directive
5220.6, or successor directive.
``(i) Rule of Construction Relating to Certain Other Provisions of
Law.--This section and the processes and procedures established under
this section shall not be construed to apply to paragraphs (6) and (7)
of section 3001(j) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (50 U.S.C. 3341(j)).''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of the National Security Act of 1947
(50 U.S.C. 3002), as amended by subsection (c), is further
amended by inserting after the item relating to section 801A
the following:
``Sec. 801B. Right to appeal.''.
SEC. 312. LIMITATION ON TRANSFER OF NATIONAL INTELLIGENCE UNIVERSITY.
(a) Limitation.--Neither the Secretary of Defense nor the Director
of National Intelligence may commence any activity to transfer the
National Intelligence University out of the Defense Intelligence Agency
until the Secretary and the Director jointly certify each of the
following:
(1) The National Intelligence University has positively
adjudicated its warning from the Middle States Commission on
Higher Education and had its regional accreditation fully
restored.
(2) The National Intelligence University will serve as the
exclusive means by which advanced intelligence education is
provided to personnel of the Department of Defense.
(3) Military personnel will receive joint professional
military education from a National Intelligence University
location at a non-Department of Defense agency.
(4) The Department of Education will allow the Office of
the Director of National Intelligence to grant advanced
educational degrees.
(5) A governance model jointly led by the Director and the
Secretary of Defense is in place for the National Intelligence
University.
(b) Cost Estimates.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;
and
(C) the Committee on Armed Services of the House of
Representatives.
(2) In general.--Before commencing any activity to transfer
the National Intelligence University out of the Defense
Intelligence Agency, the Secretary of Defense and the Director
of National Intelligence shall jointly submit to the
appropriate committees of Congress an estimate of the direct
and indirect costs of operating the National Intelligence
University and the costs of transferring the National
Intelligence University to another agency.
(3) Contents.--The estimate submitted under paragraph (2)
shall include all indirect costs, including with respect to
human resources, security, facilities, and information
technology.
SEC. 313. IMPROVING VISIBILITY INTO THE SECURITY CLEARANCE PROCESS.
(a) Definition of Security Executive Agent.--In this section, the
term ``Security Executive Agent'' means the officer serving as the
Security Executive Agent pursuant to section 803 of the National
Security Act of 1947, as added by section 605 of division B.
(b) Policy Required.--Not later than 90 days after the date of the
enactment of this Act, the Security Executive Agent shall issue a
policy that requires the head of each Federal agency to create, not
later than December 31, 2023, an electronic portal that can be used by
human resources personnel and applicants for security clearances to
view information about the status of an application for a security
clearance and the average time required for each phase of the security
clearance process.
SEC. 314. MAKING CERTAIN POLICIES AND EXECUTION PLANS RELATING TO
PERSONNEL CLEARANCES AVAILABLE TO INDUSTRY PARTNERS.
(a) Definitions.--In this section:
(1) Appropriate industry partner.--The term ``appropriate
industry partner'' means a contractor, licensee, or grantee (as
defined in section 101(a) of Executive Order 12829 (50 U.S.C.
3161 note; relating to National Industrial Security Program),
as in effect on the day before the date of the enactment of
this Act) that is participating in the National Industrial
Security Program established by such Executive Order.
(2) Security executive agent.--The term ``Security
Executive Agent'' means the officer serving as the Security
Executive Agent pursuant to section 803 of the National
Security Act of 1947, as added by section 605 of division B.
(b) Sharing of Policies and Plans Required.--Each head of a Federal
agency shall share policies and plans relating to security clearances
with appropriate industry partners directly affected by such policies
and plans in a manner consistent with the protection of national
security as well as the goals and objectives of the National Industrial
Security Program administered pursuant to Executive Order 12829 (50
U.S.C. 3161 note; relating to the National Industrial Security
Program).
(c) Development of Policies and Procedures Required.--Not later
than 90 days after the date of the enactment of this Act, the Security
Executive Agent and the Director of the National Industrial Security
Program shall jointly develop policies and procedures by which
appropriate industry partners with proper security clearances and a
need to know can have appropriate access to the policies and plans
shared pursuant to subsection (b) that directly affect those industry
partners.
Subtitle C--Inspector General of the Intelligence Community
SEC. 321. DEFINITIONS.
In this subtitle:
(1) Whistleblower.--The term ``whistleblower'' means a
person who makes a whistleblower disclosure.
(2) Whistleblower disclosure.--The term ``whistleblower
disclosure'' means a disclosure that is protected under section
1104 of the National Security Act of 1947 (50 U.S.C. 3234) or
section 3001(j)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (50 U.S.C. 3341(j)).
SEC. 322. INSPECTOR GENERAL EXTERNAL REVIEW PANEL.
(a) Authority to Convene External Review Panels.--
(1) 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. INSPECTOR GENERAL EXTERNAL REVIEW PANEL.
``(a) Request for Review.--An individual with a claim described in
subsection (b) may submit to the Inspector General of the Intelligence
Community a request for a review of such claim by an external review
panel convened under subsection (c).
``(b) Claims and Individuals Described.--A claim described in this
subsection is any--
``(1) claim by an individual--
``(A) that the individual has been subjected to a
personnel action that is prohibited under section 1104;
and
``(B) who has exhausted the applicable review
process for the claim pursuant to enforcement of such
section; or
``(2) claim by an individual--
``(A) that he or she has been subjected to a
reprisal prohibited by paragraph (1) of section 3001(j)
of the Intelligence Reform and Terrorism Prevention Act
of 2004 (50 U.S.C. 3341(j)); and
``(B) who received a decision on an appeal
regarding that claim under paragraph (4) of such
section.
``(c) External Review Panel Convened.--
``(1) Discretion to convene.--Upon receipt of a request
under subsection (a) regarding a claim, the Inspector General
of the Intelligence Community may, at the discretion of the
Inspector General, convene an external review panel under this
subsection to review the claim.
``(2) Membership.--
``(A) Composition.--An external review panel
convened under this subsection shall be composed of
three members as follows:
``(i) The Inspector General of the
Intelligence Community.
``(ii) Except as provided in subparagraph
(B), two members selected by the Inspector
General as the Inspector General considers
appropriate on a case-by-case basis from among
inspectors general of the following:
``(I) The Department of Defense.
``(II) The Department of Energy.
``(III) The Department of Homeland
Security.
``(IV) The Department of Justice.
``(V) The Department of State.
``(VI) The Department of the
Treasury.
``(VII) The Central Intelligence
Agency.
``(VIII) The Defense Intelligence
Agency.
``(IX) The National Geospatial-
Intelligence Agency.
``(X) The National Reconnaissance
Office.
``(XI) The National Security
Agency.
``(B) Limitation.--An inspector general of an
agency may not be selected to sit on the panel under
subparagraph (A)(ii) to review any matter relating to a
decision made by such agency.
``(C) Chairperson.--
``(i) In general.--Except as provided in
clause (ii), the chairperson of any panel
convened under this subsection shall be the
Inspector General of the Intelligence
Community.
``(ii) Conflicts of interest.--If the
Inspector General of the Intelligence Community
finds cause to recuse himself or herself from a
panel convened under this subsection, the
Inspector General of the Intelligence Community
shall--
``(I) select a chairperson from
inspectors general of the elements
listed under subparagraph (A)(ii) whom
the Inspector General of the
Intelligence Community considers
appropriate; and
``(II) notify the congressional
intelligence committees of such
selection.
``(3) Period of review.--Each external review panel
convened under this subsection to review a claim shall complete
review of the claim no later than 270 days after the date on
which the Inspector General convenes the external review panel.
``(d) Remedies.--
``(1) Panel recommendations.--If an external review panel
convened under subsection (c) determines, pursuant to a review
of a claim submitted by an individual under subsection (a),
that the individual was the subject of a personnel action
prohibited under section 1104 or was subjected to a reprisal
prohibited by section 3001(j)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(1)), the
panel may recommend that the agency head take corrective
action--
``(A) in the case of an employee or former
employee--
``(i) to return the employee or former
employee, as nearly as practicable and
reasonable, to the position such employee or
former employee would have held had the
reprisal not occurred; or
``(ii) reconsider the employee's or former
employee's eligibility for access to classified
information consistent with national security;
or
``(B) in any other case, such other action as the
external review panel considers appropriate.
``(2) Agency action.--
``(A) In general.--Not later than 90 days after the
date on which the head of an agency receives a
recommendation from an external review panel under
paragraph (1), the head shall--
``(i) give full consideration to such
recommendation; and
``(ii) inform the panel and the Director of
National Intelligence of what action the head
has taken with respect to the recommendation.
``(B) Failure to inform.--The Director shall notify
the President of any failures to comply with
subparagraph (A)(ii).
``(e) Annual Reports.--
``(1) In general.--Not less frequently than once each year,
the Inspector General of the Intelligence Community shall
submit to the congressional intelligence committees and the
Director of National Intelligence a report on the activities
under this section during the previous year.
``(2) Contents.--Subject to such limitations as the
Inspector General of the Intelligence Community considers
necessary to protect the privacy of an individual who has made
a claim described in subsection (b), each report submitted
under paragraph (1) shall include, for the period covered by
the report, the following:
``(A) The determinations and recommendations made
by the external review panels convened under this
section.
``(B) The responses of the heads of agencies that
received recommendations from the external review
panels.''.
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947 is
amended by adding at the end the following new item:
``Sec. 1105. Inspector General external review panel.''.
(b) Recommendation on Addressing Whistleblower Appeals Relating to
Reprisal Complaints Against Inspectors General.--
(1) In general.--Not later than 180 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 recommendation on how to ensure
that--
(A) a whistleblower in the intelligence community
who has a complaint against an inspector general in the
intelligence community and who alleges a reprisal, has
available the agency adjudication and appellate review
provided under section 1104 of the National Security
Act of 1947 (50 U.S.C. 3234); and
(B) any such whistleblower who has exhausted the
applicable review process may request an external
review panel and receive one, at the discretion of the
Inspector General of the Intelligence Community.
(2) Contents.--The recommendation submitted pursuant to
paragraph (1) shall include the following:
(A) A discussion of whether and to what degree
section 1105 of the National Security Act of 1947, as
added by subsection (a)(1), provides appropriate
authorities and mechanisms to provide an external
review panel as described in paragraph (1) of this
subsection and for the purposes described in such
paragraph.
(B) Such recommendations for legislative or
administrative action as the Inspector General may have
with respect to providing an external review panel as
described in paragraph (1) and for the purposes
described in such paragraph.
SEC. 323. HARMONIZATION OF WHISTLEBLOWER PROCESSES AND PROCEDURES.
(a) In General.--Not later than 270 days after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community, in coordination with the Intelligence Community Inspectors
General Forum, shall develop recommendations, applicable to all
inspectors general of elements of the intelligence community, regarding
the harmonization of instructions, policies, and directives relating to
processes, procedures, and timelines for claims and appeals relating to
allegations of personnel actions prohibited under section 1104 of the
National Security Act of 1947 or reprisals prohibited by section
3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of
2004 (50 U.S.C. 3341(j)(1)).
(b) Transparency and Protection.--In developing recommendations
under subsection (a), the Inspector General of the Intelligence
Community shall make efforts to maximize transparency and protect
whistleblowers.
SEC. 324. INTELLIGENCE COMMUNITY OVERSIGHT OF AGENCY WHISTLEBLOWER
ACTIONS.
(a) Feasibility Study.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Inspector General of the
Intelligence Community, in consultation with the Intelligence
Community Inspectors General Forum, shall complete a
feasibility study on establishing a hotline whereby all
complaints of whistleblowers relating to the intelligence
community are automatically referred to the Inspector General
of the Intelligence Community.
(2) Elements.--The feasibility study conducted pursuant to
paragraph (1) shall include the following:
(A) The anticipated number of annual whistleblower
complaints received by all elements of the intelligence
community.
(B) The additional resources required to implement
the hotline, including personnel and technology.
(C) The resulting budgetary effects.
(D) Findings from the system established pursuant
to subsection (b).
(b) Oversight System Required.--Not later than 180 days after the
date of the enactment of this Act, the Inspector General of the
Intelligence Community shall establish a system whereby the Inspector
General is provided, in near real time, the following:
(1) All information relating to complaints by
whistleblowers relating to the programs and activities under
the jurisdiction of the Director of National Intelligence.
(2) Any inspector general actions relating to such
complaints.
(c) Privacy Protections.--
(1) Policies and procedures required.--Before establishing
the system required by subsection (b), the Inspector General of
the Intelligence Community shall establish policies and
procedures to protect the privacy of whistleblowers and protect
against further dissemination of whistleblower information
without consent of the whistleblower.
(2) Control of distribution.--The system established under
subsection (b) shall provide whistleblowers the option of
prohibiting distribution of their complaints to the Inspector
General of the Intelligence Community.
SEC. 325. REPORT ON CLEARED WHISTLEBLOWER ATTORNEYS.
(a) Report Required.--Not later than 1 year after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community shall submit to the congressional intelligence committees a
report on access to cleared attorneys by whistleblowers in the
intelligence community.
(b) Contents.--The report submitted pursuant to subsection (a)
shall include the following:
(1) The number of whistleblowers in the intelligence
community who sought to retain a cleared attorney and at what
stage they sought such an attorney.
(2) For the 3-year period preceding the report, the
following:
(A) The number of limited security agreements
(LSAs).
(B) The scope and clearance levels of such limited
security agreements.
(C) The number of whistleblowers represented by
cleared counsel.
(3) Recommendations for legislative or administrative
action to ensure that whistleblowers in the intelligence
community have access to cleared attorneys, including
improvements to the limited security agreement process and such
other options as the Inspector General of the Intelligence
Community considers appropriate.
(c) Survey.--The Inspector General of the Intelligence Community
shall ensure that the report submitted under subsection (a) is based
on--
(1) data from a survey of whistleblowers whose claims are
reported to the Inspector General of the Intelligence Community
by means of the oversight system established pursuant to
section 324;
(2) information obtained from the inspectors general of the
intelligence community; or
(3) information from such other sources as may be
identified by the Inspector General of the Intelligence
Community.
TITLE IV--REPORTS AND OTHER MATTERS
SEC. 401. STUDY ON FOREIGN EMPLOYMENT OF FORMER PERSONNEL OF
INTELLIGENCE COMMUNITY.
(a) Study.--The Director of National Intelligence, in coordination
with the Secretary of Defense and the Secretary of State, shall conduct
a study of matters relating to the foreign employment of former
personnel of the intelligence community.
(b) Elements.--The study conducted pursuant to subsection (a) shall
address the following:
(1) Issues that pertain to former employees of the
intelligence community working with, or in support of, foreign
governments, and the nature and scope of those concerns.
(2) Such legislative or administrative action as may be
necessary for both front-end screening and in-progress
oversight by the Director of Defense Trade Controls of licenses
issued by the Director for former employees of the intelligence
community working for foreign governments.
(3) How increased requirements could be imposed for
periodic compliance reporting when licenses are granted for
companies or organizations that employ former personnel of the
intelligence community to execute contracts with foreign
governments.
(c) Report and Plan.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(C) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(2) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress--
(A) a report on the findings of the Director with
respect to the study conducted pursuant to subsection
(a); and
(B) a plan to carry out such administrative actions
as the Director considers appropriate pursuant to the
findings described in subparagraph (A).
SEC. 402. COMPREHENSIVE ECONOMIC ASSESSMENT OF INVESTMENT IN KEY UNITED
STATES TECHNOLOGIES BY COMPANIES OR ORGANIZATIONS LINKED
TO CHINA.
(a) Assessment Required.--Not later than 90 days after the date of
the enactment of this Act, the Director of National Intelligence, in
coordination with the Director of the National Counterintelligence and
Security Center, the Director of the Federal Bureau of Investigation,
the Director of the Central Intelligence Agency, the Secretary of the
Treasury, and the heads of such other Federal agencies as the Director
of National Intelligence considers appropriate, shall submit to the
congressional intelligence committees a comprehensive economic
assessment of investment in key United States technologies, including
emerging technologies, by companies or organizations linked to China,
including the implications of these investments for the national
security of the United States.
(b) Form of Assessment.--The assessment submitted under subsection
(a) shall be submitted in unclassified form, but may include a
classified annex.
SEC. 403. ANALYSIS OF AND PERIODIC BRIEFINGS ON MAJOR INITIATIVES OF
INTELLIGENCE COMMUNITY IN ARTIFICIAL INTELLIGENCE AND
MACHINE LEARNING.
(a) Analysis.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall, in coordination with the heads of such
elements of the intelligence community as the Director
considers appropriate--
(A) complete a comprehensive analysis of the major
initiatives of the intelligence community in artificial
intelligence and machine learning; and
(B) submit to the congressional intelligence
committees a report on the findings of the Director
with respect to the analysis conducted pursuant to
subparagraph (A).
(2) Elements.--The analysis conducted under paragraph
(1)(A) shall include analyses of how the initiatives described
in such paragraph--
(A) correspond with the strategy of the
intelligence community entitled ``Augmenting
Intelligence Using Machines'';
(B) complement each other and avoid unnecessary
duplication;
(C) are coordinated with the efforts of the Defense
Department on artificial intelligence, including
efforts at the Joint Artificial Intelligence Center
(JAIC) and Project Maven; and
(D) leverage advances in artificial intelligence
and machine learning in the private sector.
(b) Periodic Briefings.--Not later than 30 days after the date of
the enactment of this Act, not less frequently than twice each year
thereafter until the date that is 2 years after the date of the
enactment of this Act, and not less frequently than once each year
thereafter until the date that is 7 years after the date of the
enactment of this Act, the Director and the Chief Information Officer
of the Department of Defense shall jointly provide to the congressional
intelligence committees and congressional defense committees (as
defined in section 101 of title 10, United States Code) briefings with
updates on activities relating to, and the progress of, their
respective artificial intelligence and machine learning initiatives,
particularly the Augmenting Intelligence Using Machines initiative and
the Joint Artificial Intelligence Center.
SEC. 404. ENCOURAGING COOPERATIVE ACTIONS TO DETECT AND COUNTER FOREIGN
INFLUENCE OPERATIONS.
(a) Findings.--Congress makes the following findings:
(1) The Russian Federation, through military intelligence
units, also known as the ``GRU'', and Kremlin-linked troll
organizations often referred to as the ``Internet Research
Agency'', deploy information warfare operations against the
United States, its allies and partners, with the goal of
advancing the strategic interests of the Russian Federation.
(2) One line of effort deployed as part of these
information warfare operations is the weaponization of social
media platforms with the goals of intensifying societal
tensions, undermining trust in governmental institutions within
the United States, its allies and partners in the West, and
generally sowing division, fear, and confusion.
(3) These information warfare operations are a threat to
the national security of the United States and that of the
allies and partners of the United States. As Director of
National Intelligence Dan Coats stated, ``These actions are
persistent, they are pervasive and they are meant to undermine
America's democracy.''.
(4) These information warfare operations continue to evolve
and increase in sophistication.
(5) Other foreign adversaries and hostile non-state actors
will increasingly adopt similar tactics of deploying
information warfare operations against the West.
(6) Technological advances, including artificial
intelligence, will only make it more difficult in the future to
detect fraudulent accounts, deceptive material posted on social
media, and malign behavior on social media platforms.
(7) Because these information warfare operations are
deployed within and across private social media platforms, the
companies that own these platforms have a responsibility to
detect and remove foreign adversary networks operating
clandestinely on their platforms.
(8) The social media companies are inherently
technologically sophisticated and adept at rapidly analyzing
large amounts of data and developing software-based solutions
to diverse and ever-changing challenges on their platforms,
which makes them well-equipped to address the threat occurring
on their platforms.
(9) Independent analyses confirmed Kremlin-linked threat
networks, based on data provided by several social media
companies to the Select Committee on Intelligence of the
Senate, thereby demonstrating that it is possible to discern
both broad patterns of cross-platform information warfare
operations and specific fraudulent behavior on social media
platforms.
(10) General Paul Nakasone, Director of the National
Security Agency, emphasized the importance of these independent
analyses to the planning and conduct of military cyber
operations to frustrate Kremlin-linked information warfare
operations against the 2018 mid-term elections. General
Nakasone stated that the reports ``were very, very helpful in
terms of being able to understand exactly what our adversary
was trying to do to build dissent within our nation.''.
(11) Institutionalizing ongoing robust, independent, and
vigorous analysis of data related to foreign threat networks
within and across social media platforms will help counter
ongoing information warfare operations against the United
States, its allies, and its partners.
(12) Archiving and disclosing to the public the results of
these analyses by the social media companies and trusted third-
party experts in a transparent manner will serve to demonstrate
that the social media companies are detecting and removing
foreign malign activities from their platforms while protecting
the privacy of the people of the United States and will build
public understanding of the scale and scope of these foreign
threats to our democracy, since exposure is one of the most
effective means to build resilience.
(b) Sense of the Senate.--It is the sense of the Senate that--
(1) the social media companies should cooperate among
themselves and with independent organizations and researchers
on a sustained and regular basis to share and analyze data and
indicators relevant to foreign information warfare operations
within and across their platforms in order to detect and
counter foreign information warfare operations that threaten
the national security of the United States and its allies and
partners;
(2) these analytic efforts should be organized in such a
fashion as to meet the highest standards of ethics,
confidentiality, and privacy protection of the people of the
United States;
(3) these analytic efforts should be undertaken as soon as
possible to facilitate countering ongoing Kremlin, Kremlin-
linked, and other foreign information warfare operations and to
aid in preparations for the United States presidential and
congressional elections in 2020 and beyond;
(4) the structure and operations of social media companies
make them well positioned to address foreign adversary threat
networks within and across their platforms, and these efforts
could be conducted without direct Government involvement,
direction, or regulation; and
(5) if the social media industry fails to take sufficient
action to address foreign adversary threat networks operating
within or across their platforms, Congress would have to
consider additional safeguards for ensuring that this threat is
effectively mitigated.
(c) Authority to Facilitate Establishment of Social Media Data
Analysis Center.--
(1) Authority.--The Director of National Intelligence, in
coordination with the Secretary of Defense, may facilitate, by
grant or contract or under an existing authority of the
Director, the establishment of a Social Media Data Analysis
Center with the functions described in paragraph (2) at an
independent, nonprofit organization.
(2) Functions.--The functions described in this paragraph
are the following:
(A) Acting as a convening and sponsoring authority
for cooperative social media data analysis of foreign
threat networks involving social media companies and
third-party experts, nongovernmental organizations,
data journalists, federally funded research and
development centers, and academic researchers.
(B) Facilitating analysis within and across the
individual social media platforms for the purpose of
detecting, exposing, and countering clandestine foreign
influence operations and related unlawful activities
that fund or subsidize such operations.
(C) Developing processes to share information from
government entities on foreign influence operations
with the individual social media companies to inform
threat analysis, and working with the Office of the
Director of National Intelligence as appropriate.
(D) Determining and making public criteria for
identifying which companies, organizations, or
researchers qualify for inclusion in the activities of
the Center, and inviting entities that fit the criteria
to join.
(E) Determining jointly with the social media
companies what data and metadata related to indicators
of foreign adversary threat networks from their
platforms and business operations will be made
available for access and analysis.
(F) Developing and making public the criteria and
standards that must be met for companies, other
organizations, and individual researchers to access and
analyze data relating to foreign adversary threat
networks within and across social media platforms and
publish or otherwise use the results.
(G) Developing and making public the ethical
standards for investigation of foreign threat networks
and use of analytic results and for protection of the
privacy of the customers and users of the social media
platforms and of the proprietary information of the
social media companies.
(H) Developing technical, contractual, and
procedural controls to prevent misuse of data,
including any necessary auditing procedures, compliance
checks, and review mechanisms.
(I) Developing and making public criteria and
conditions under which the Center shall share
information with the appropriate Government agencies
regarding threats to national security from, or
violations of the law involving, foreign activities on
social media platforms.
(J) Developing a searchable, public archive
aggregating information related to foreign influence
and disinformation operations to build a collective
understanding of the threats and facilitate future
examination consistent with privacy protections.
(d) Reporting and Notifications.--If the Director of National
Intelligence chooses to use funds under subsection (c)(1) to facilitate
the establishment of the Center, the Director of the Center shall--
(1) not later than March 1, 2020, submit to Congress a
report on--
(A) the estimated funding needs of the Center for
fiscal year 2021 and for subsequent years;
(B) such statutory protections from liability as
the Director considers necessary for the Center,
participating social media companies, and participating
third-party analytical participants;
(C) such statutory penalties as the Director
considers necessary to ensure against misuse of data by
researchers; and
(D) such changes to the Center's mission to fully
capture broader unlawful activities that intersect
with, complement, or support information warfare
tactics; and
(2) not less frequently than once each year, submit to the
Director of National Intelligence, the Secretary of Defense,
and the appropriate congressional committees a report--
(A) that assesses--
(i) degree of cooperation and commitment
from the social media companies to the mission
of the Center; and
(ii) effectiveness of the Center in
detecting and removing clandestine foreign
information warfare operations from social
media platforms; and
(B) includes such recommendations for legislative
or administrative action as the Center considers
appropriate to carry out the functions of the Center.
(e) Periodic Reporting to the Public.--The Director of the Center
shall--
(1) once each quarter, make available to the public a
report on key trends in foreign influence and disinformation
operations, including any threats to campaigns and elections,
to inform the public of the United States; and
(2) as the Director considers necessary, provide more
timely assessments relating to ongoing disinformation
campaigns.
(f) Funding.--Of the amounts appropriated or otherwise made
available to the National Intelligence Program (as defined in section 3
of the National Security Act of 1947 (50 U.S.C. 3003)) in fiscal year
2020 and 2021, the Director of National Intelligence may use up to
$30,000,000 to carry out this section.
(g) Definition of Appropriate Congressional Committees.--In this
section, the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(3) the Committee on Foreign Relations of the Senate;
(4) the Committee on the Judiciary of the Senate;
(5) the Select Committee on Intelligence of the Senate;
(6) the Committee on Armed Services of the House of
Representatives;
(7) the Committee on Homeland Security of the House of
Representatives;
(8) the Committee on Foreign Affairs of the House of
Representatives;
(9) the Committee on the Judiciary of the House of
Representatives; and
(10) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 405. OVERSIGHT OF FOREIGN INFLUENCE IN ACADEMIA.
(a) Definitions.--In this section:
(1) Covered institution of higher education.--The term
``covered institution of higher education'' means an
institution described in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002) that receives Federal funds in any
amount and for any purpose.
(2) Sensitive research subject.--The term ``sensitive
research subject'' means a subject of research that is carried
out at a covered institution of higher education that receives
funds that were appropriated for--
(A) the National Intelligence Program; or
(B) any Federal agency the Director of National
Intelligence deems appropriate.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act and not less frequently than once each year
thereafter, the Director of National Intelligence, in consultation with
such elements of the intelligence community as the Director considers
appropriate and consistent with the privacy protections afforded to
United States persons, shall submit to congressional intelligence
committees a report on risks to sensitive research subjects posed by
foreign entities in order to provide Congress and covered institutions
of higher education with more complete information on these risks and
to help ensure academic freedom.
(c) Contents.--The report required by subsection (b) shall include
the following:
(1) A list of sensitive research subjects that could affect
national security.
(2) A list of foreign entities, including governments,
corporations, nonprofit organizations and for-profit
organizations, and any subsidiary or affiliate of such an
entity, that the Director determines pose a
counterintelligence, espionage (including economic espionage),
or other national security threats with respect to sensitive
research subjects.
(3) A list of any known or suspected attempts by foreign
entities to exert pressure on covered institutions of higher
education, including attempts to limit freedom of speech,
propagate misinformation or disinformation, or to influence
professors, researchers, or students.
(4) Recommendations for collaboration between covered
institutions of higher education and the intelligence community
to mitigate threats to sensitive research subjects associated
with foreign influence in academia, including any necessary
legislative or administrative action.
(d) Congressional Notifications Required.--Not later than 30 days
after the date on which the Director identifies a change to either list
described in paragraph (1) or (2) of subsection (c), the Director shall
notify the congressional intelligence committees of the change.
SEC. 406. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON FIFTH-GENERATION
WIRELESS NETWORK TECHNOLOGY.
(a) Report Required.--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 a report on--
(1) the threat to United States national security posed by
the global and regional adoption of fifth-generation (5G)
wireless network technology built by foreign companies; and
(2) the effect of possible efforts to mitigate the threat.
(b) Contents.--The report required by subsection (a) shall include:
(1) The timeline and scale of global and regional adoption
of foreign fifth-generation wireless network technology.
(2) The implications of such global and regional adoption
on the cyber and espionage threat to the United States and
United States interests as well as to United States cyber and
collection capabilities.
(3) The effect of possible mitigation efforts, including:
(A) United States Government policy promoting the
use of strong, end-to-end encryption for data
transmitted over fifth-generation wireless networks.
(B) United States Government policy promoting or
funding free, open-source implementation of fifth-
generation wireless network technology.
(C) United States Government subsidies or
incentives that could be used to promote the adoption
of secure fifth-generation wireless network technology
developed by companies of the United States or
companies of allies of the United States.
(D) United States Government strategy to reduce
foreign influence and political pressure in
international standard-setting bodies.
(c) Form.--The report submitted under subsection (a) shall be
submitted in unclassified form to the greatest extent practicable, but
may include a classified appendix if necessary.
SEC. 407. ANNUAL REPORT BY COMPTROLLER GENERAL OF THE UNITED STATES ON
CYBERSECURITY AND SURVEILLANCE THREATS TO CONGRESS.
(a) Annual Report Required.--Not later than 180 days after the date
of the enactment of this Act and not less frequently than once each
year thereafter, the Comptroller General of the United States shall
submit to the congressional intelligence committees a report on
cybersecurity and surveillance threats to Congress.
(b) Statistics.--Each report submitted under subsection (a) shall
include statistics on cyber attacks and other incidents of espionage or
surveillance targeted against Senators or the immediate families or
staff of the Senators, in which the nonpublic communications and other
private information of such targeted individuals were lost, stolen, or
otherwise subject to unauthorized access by criminals or a foreign
government.
(c) Consultation.--In preparing a report to be submitted under
subsection (a), the Comptroller General shall consult with the Director
of National Intelligence, the Secretary of Homeland Security, and the
Sergeant at Arms and Doorkeeper of the Senate.
SEC. 408. DIRECTOR OF NATIONAL INTELLIGENCE ASSESSMENTS OF FOREIGN
INTERFERENCE IN ELECTIONS.
(a) Assessments Required.--Not later than 45 days after the
conclusion of a United States election, the Director of National
Intelligence, in consultation with the heads of such other executive
departments and agencies as the Director considers appropriate, shall--
(1) conduct an assessment of any information indicating
that a foreign government, or any person acting as an agent of
or on behalf of a foreign government, has acted with the intent
or purpose of interfering in that election; and
(2) transmit the findings of the Director with respect to
the assessment conducted under paragraph (1), along with such
supporting information as the Director considers appropriate,
to the following:
(A) The President.
(B) The Secretary of State.
(C) The Secretary of the Treasury.
(D) The Secretary of Defense.
(E) The Attorney General.
(F) The Secretary of Homeland Security.
(G) Congress.
(b) Elements.--An assessment conducted under subsection (a)(1),
with respect to an act described in such subsection, shall identify, to
the maximum extent ascertainable, the following:
(1) The nature of any foreign interference and any methods
employed to execute the act.
(2) The persons involved.
(3) The foreign government or governments that authorized,
directed, sponsored, or supported the act.
(c) Publication.--In a case in which the Director conducts an
assessment under subsection (a)(1) with respect to an election, the
Director shall, as soon as practicable after the date of the conclusion
of such election and not later than 60 days after the date of such
conclusion, make available to the public, to the greatest extent
possible consistent with the protection of sources and methods, the
findings transmitted under subsection (a)(2).
SEC. 409. STUDY ON FEASIBILITY AND ADVISABILITY OF ESTABLISHING
GEOSPATIAL-INTELLIGENCE MUSEUM AND LEARNING CENTER.
(a) Study Required.--Not later than 180 days after the date of the
enactment of this Act, the Director of the National Geospatial-
Intelligence Agency shall complete a study on the feasibility and
advisability of establishing a Geospatial-Intelligence Museum and
learning center.
(b) Elements.--The study required by subsection (a) shall include
the following:
(1) Identifying the costs, opportunities, and challenges of
establishing the museum and learning center as described in
such subsection.
(2) Developing recommendations concerning such
establishment.
(3) Identifying and reviewing lessons learned from the
establishment of the Cyber Center for Education and Innovation-
Home of the National Cryptologic Museum under section 7781(a)
of title 10, United States Code.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to the congressional
intelligence committees and the congressional defense committees (as
defined in section 101 of title 10, United States Code) a report on the
findings of the Director with respect to the study completed under
subsection (a).
SEC. 410. REPORT ON DEATH OF JAMAL KHASHOGGI.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to Congress a report on the death of Jamal Khashoggi, consistent
with protecting sources and methods. Such report shall include
identification of those who carried out, participated in, ordered, or
were otherwise complicit in or responsible for the death of Jamal
Khashoggi.
(b) Form.--The report submitted under subsection (a) shall be
submitted in unclassified form.
DIVISION B--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018 AND 2019
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2019.--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.
(b) Fiscal Year 2018.--Funds that were appropriated for fiscal year
2018 for the conduct of the intelligence and intelligence-related
activities of the elements of the United States set forth in subsection
(a) are hereby authorized.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be
appropriated under section 101 for the conduct of the intelligence
activities of the elements listed in paragraphs (1) through (16) of
section 101, 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. 103. 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
$522,424,000.
(b) Classified 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 2019 such additional amounts as are specified in the
classified Schedule of Authorizations referred to in section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund $514,000,000 for fiscal year
2019.
SEC. 202. 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 that 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. 301. 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. 302. 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. 303. 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 Damon Paul Nelson and Matthew
Young Pollard Intelligence Authorization Act for Fiscal
Years 2018, 2019, and 2020''; and
(B) in paragraph (2)(A), by inserting ``or (b)''
after ``subsection (a)''.
SEC. 304. MODIFICATION OF APPOINTMENT OF 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 striking ``President'' and inserting
``Director''.
SEC. 305. DIRECTOR OF NATIONAL INTELLIGENCE REVIEW OF PLACEMENT OF
POSITIONS WITHIN THE INTELLIGENCE COMMUNITY ON THE
EXECUTIVE SCHEDULE.
(a) Review.--The Director of National Intelligence, in coordination
with the Director of the Office of Personnel Management, shall conduct
a review of positions within the intelligence community regarding the
placement of such positions on the Executive Schedule under subchapter
II of chapter 53 of title 5, United States Code. In carrying out such
review, the Director of National Intelligence, in coordination with the
Director of the Office of Personnel Management, shall determine--
(1) the standards under which such review will be
conducted;
(2) which positions should or should not be on the
Executive Schedule; and
(3) for those positions that should be on the Executive
Schedule, the level of the Executive Schedule at which such
positions should be placed.
(b) Report.--Not later than 60 days after the date on which the
review under subsection (a) is completed, 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 Oversight and Reform of the House of
Representatives an unredacted report describing the standards by which
the review was conducted and the outcome of the review.
SEC. 306. SUPPLY CHAIN AND COUNTERINTELLIGENCE RISK MANAGEMENT TASK
FORCE.
(a) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional intelligence committees.
(2) The Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(3) The Committee on Armed Services, the Committee on
Homeland Security, and the Committee on Oversight and Reform of
the House of Representatives.
(b) Requirement to Establish.--The Director of National
Intelligence shall establish a Supply Chain and Counterintelligence
Risk Management Task Force to standardize information sharing between
the intelligence community and the acquisition community of the United
States Government with respect to the supply chain and
counterintelligence risks.
(c) Members.--The Supply Chain and Counterintelligence Risk
Management Task Force established under subsection (b) shall be
composed of--
(1) a representative of the Defense Security Service of the
Department of Defense;
(2) a representative of the General Services
Administration;
(3) a representative of the Office of Federal Procurement
Policy of the Office of Management and Budget;
(4) a representative of the Department of Homeland
Security;
(5) a representative of the Federal Bureau of
Investigation;
(6) the Director of the National Counterintelligence and
Security Center; and
(7) any other members the Director of National Intelligence
determines appropriate.
(d) Security Clearances.--Each member of the Supply Chain and
Counterintelligence Risk Management Task Force established under
subsection (b) shall have a security clearance at the top secret level
and be able to access sensitive compartmented information.
(e) Annual Report.--The Supply Chain and Counterintelligence Risk
Management Task Force established under subsection (b) shall submit to
the appropriate congressional committees an annual report that
describes the activities of the Task Force during the previous year,
including identification of the supply chain and counterintelligence
risks shared with the acquisition community of the United States
Government by the intelligence community.
SEC. 307. CONSIDERATION OF ADVERSARIAL TELECOMMUNICATIONS AND
CYBERSECURITY INFRASTRUCTURE WHEN SHARING INTELLIGENCE
WITH FOREIGN GOVERNMENTS AND ENTITIES.
Whenever the head of an element of the intelligence community
enters into an intelligence sharing agreement with a foreign government
or any other foreign entity, the head of the element shall consider the
pervasiveness of telecommunications and cybersecurity infrastructure,
equipment, and services provided by adversaries of the United States,
particularly China and Russia, or entities of such adversaries in the
country or region of the foreign government or other foreign entity
entering into the agreement.
SEC. 308. CYBER PROTECTION SUPPORT FOR THE PERSONNEL OF THE
INTELLIGENCE COMMUNITY IN POSITIONS HIGHLY VULNERABLE TO
CYBER ATTACK.
(a) Definitions.--In this section:
(1) Personal accounts.--The term ``personal accounts''
means accounts for online and telecommunications services,
including telephone, residential Internet access, email, text
and multimedia messaging, cloud computing, social media, health
care, and financial services, used by personnel of the
intelligence community outside of the scope of their employment
with elements of the intelligence community.
(2) Personal technology devices.--The term ``personal
technology devices'' means technology devices used by personnel
of the intelligence community outside of the scope of their
employment with elements of the intelligence community,
including networks to which such devices connect.
(b) Authority to Provide Cyber Protection Support.--
(1) In general.--Subject to a determination by the Director
of National Intelligence, the Director may provide cyber
protection support for the personal technology devices and
personal accounts of the personnel described in paragraph (2).
(2) At-risk personnel.--The personnel described in this
paragraph are personnel of the intelligence community--
(A) who the Director determines to be highly
vulnerable to cyber attacks and hostile information
collection activities because of the positions occupied
by such personnel in the intelligence community; and
(B) whose personal technology devices or personal
accounts are highly vulnerable to cyber attacks and
hostile information collection activities.
(c) Nature of Cyber Protection Support.--Subject to the
availability of resources, the cyber protection support provided to
personnel under subsection (b) may include training, advice,
assistance, and other services relating to cyber attacks and hostile
information collection activities.
(d) Limitation on Support.--Nothing in this section shall be
construed--
(1) to encourage personnel of the intelligence community to
use personal technology devices for official business; or
(2) to authorize cyber protection support for senior
intelligence community personnel using personal devices,
networks, and personal accounts in an official capacity.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to the congressional
intelligence committees a report on the provision of cyber protection
support under subsection (b). The report shall include--
(1) a description of the methodology used to make the
determination under subsection (b)(2); and
(2) guidance for the use of cyber protection support and
tracking of support requests for personnel receiving cyber
protection support under subsection (b).
SEC. 309. MODIFICATION OF AUTHORITY RELATING TO MANAGEMENT OF SUPPLY-
CHAIN RISK.
(a) Modification of Effective Date.--Subsection (f) of section 309
of the Intelligence Authorization Act for Fiscal Year 2012 (Public Law
112-87; 50 U.S.C. 3329 note) is amended by striking ``the date that is
180 days after''.
(b) Repeal of Sunset.--Such section is amended by striking
subsection (g).
(c) Reports.--Such section, as amended by subsection (b), is
further amended--
(1) by redesignating subsection (f), as amended by
subsection (a), as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Annual Reports.--
``(1) In general.--Except as provided in paragraph (2), not
later than 180 days after the date of the enactment of the
Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018, 2019, and 2020 and not
less frequently than once each calendar year thereafter, the
Director of National Intelligence shall, in consultation with
each head of a covered agency, submit to the congressional
intelligence committees (as defined in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003)), a report that
details the determinations and notifications made under
subsection (c) during the most recently completed calendar
year.
``(2) Initial report.--The first report submitted under
paragraph (1) shall detail all the determinations and
notifications made under subsection (c) before the date of the
submittal of the report.''.
SEC. 310. LIMITATIONS ON DETERMINATIONS REGARDING CERTAIN SECURITY
CLASSIFICATIONS.
(a) Prohibition.--An officer of an element of the intelligence
community who has been nominated by the President for a position that
requires the advice and consent of the Senate may not make a
classification decision with respect to information related to such
officer's nomination.
(b) Classification Determinations.--
(1) In general.--Except as provided in paragraph (2), in a
case in which an officer described in subsection (a) has been
nominated as described in such subsection and classification
authority rests with the officer or another officer who reports
directly to such officer, a classification decision with
respect to information relating to the officer shall be made by
the Director of National Intelligence.
(2) Nominations of director of national intelligence.--In a
case described in paragraph (1) in which the officer nominated
is the Director of National Intelligence, the classification
decision shall be made by the Principal Deputy Director of
National Intelligence.
(c) Reports.--Whenever the Director or the Principal Deputy
Director makes a decision under subsection (b), the Director or the
Principal Deputy Director, as the case may be, shall submit to the
congressional intelligence committees a report detailing the reasons
for the decision.
SEC. 311. JOINT INTELLIGENCE COMMUNITY COUNCIL.
(a) Meetings.--Section 101A(d) of the National Security Act of 1947
(50 U.S.C. 3022(d)) is amended--
(1) by striking ``regular''; and
(2) by inserting ``as the Director considers appropriate''
after ``Council''.
(b) Report on Function and Utility of the Joint Intelligence
Community Council.--
(1) In general.--No later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in coordination with the Executive Office of the
President and members of the Joint Intelligence Community
Council, shall submit to the congressional intelligence
committees a report on the function and utility of the Joint
Intelligence Community Council.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) The number of physical or virtual meetings held
by the Council per year since the Council's inception.
(B) A description of the effect and accomplishments
of the Council.
(C) An explanation of the unique role of the
Council relative to other entities, including with
respect to the National Security Council and the
Executive Committee of the intelligence community.
(D) Recommendations for the future role and
operation of the Council.
(E) Such other matters relating to the function and
utility of the Council as the Director considers
appropriate.
(3) Form.--The report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
SEC. 312. INTELLIGENCE COMMUNITY INFORMATION TECHNOLOGY ENVIRONMENT.
(a) Definitions.--In this section:
(1) Core service.--The term ``core service'' means a
capability that is available to multiple elements of the
intelligence community and required for consistent operation of
the intelligence community information technology environment.
(2) Intelligence community information technology
environment.--The term ``intelligence community information
technology environment'' means all of the information
technology services across the intelligence community,
including the data sharing and protection environment across
multiple classification domains.
(b) 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 the
intelligence community information technology environment,
including each of the following:
(A) Ensuring compliance with all applicable
environment rules and regulations of such environment.
(B) Ensuring measurable performance goals exist for
such environment.
(C) Documenting standards and practices of such
environment.
(D) Acting as an arbiter among elements of the
intelligence community related to any disagreements
arising out of the implementation of such environment.
(E) Delegating responsibilities to the elements of
the intelligence community and carrying out such other
responsibilities as are necessary for the effective
implementation of such environment.
(2) Core service providers.--Providers of core services
shall be responsible for--
(A) providing core 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 core services.--
(A) In general.--Except as provided in subparagraph
(B), each element of the intelligence community shall
use core 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.
(c) 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
executives of the intelligence community information technology
environment to be responsible for--
(1) management, financial control, and integration of such
environment;
(2) overseeing the performance of each core service,
including establishing measurable service requirements and
schedules;
(3) to the degree feasible, ensuring testing of each core
service of such environment, including testing by the intended
users, to evaluate performance against measurable service
requirements and to ensure the capability meets user
requirements; and
(4) coordinate transition or restructuring efforts of such
environment, including phaseout of legacy systems.
(d) 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 the intelligence community
information technology environment.
(e) 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 core
service requirements, including--
(A) key performance parameters; and
(B) an assessment of current, measured performance.
(2) implementation milestones for the intelligence
community information technology environment, including each of
the following:
(A) A schedule for expected deliveries of core
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 core service capabilities.
(C) Plans for the transition or restructuring
necessary to incorporate core 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.
(f) 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 systematic approach to identify core service funding
requests for the intelligence community information technology
environment within the proposed budget, including multiyear
plans to implement the long-term roadmap required by subsection
(e).
(2) A uniform approach by which each element of the
intelligence community shall identify the cost of legacy
information technology or alternative capabilities where
services of the intelligence community information technology
environment 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 services of
the intelligence community information technology environment,
as well as services of such environment that have changed
designations as a core service.
(g) 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 the intelligence
community information technology environment as compared to the
requirements in the most recently submitted security plan required by
subsection (d), long-term roadmap required by subsection (e), and
business plan required by subsection (f).
(h) Additional Notifications.--The Director of National
Intelligence shall provide timely notification to the congressional
intelligence committees regarding any policy changes related to or
affecting the intelligence community information technology
environment, new initiatives or strategies related to or impacting such
environment, and changes or deficiencies in the execution of the
security plan required by subsection (d), long-term roadmap required by
subsection (e), and business plan required by subsection (f)
(i) Sunset.--The section shall have no effect on or after September
30, 2024.
SEC. 313. REPORT ON DEVELOPMENT OF SECURE MOBILE VOICE SOLUTION FOR
INTELLIGENCE COMMUNITY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Director of the Central Intelligence Agency and
the Director of the National Security Agency, shall submit to the
congressional intelligence committees a classified report on the
feasibility, desirability, cost, and required schedule associated with
the implementation of a secure mobile voice solution for the
intelligence community.
(b) Contents.--The report required by subsection (a) shall include,
at a minimum, the following:
(1) The benefits and disadvantages of a secure mobile voice
solution.
(2) Whether the intelligence community could leverage
commercially available technology for classified voice
communications that operates on commercial mobile networks in a
secure manner and identifying the accompanying security risks
to such networks.
(3) A description of any policies or community guidance
that would be necessary to govern the potential solution, such
as a process for determining the appropriate use of a secure
mobile telephone and any limitations associated with such use.
SEC. 314. 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 that is
consistent with the National Insider Threat Policy and Minimum
Standards for Executive Branch Insider Threat Programs.
(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. 315. SUBMISSION OF INTELLIGENCE COMMUNITY POLICIES.
(a) Definitions.--In this section:
(1) Electronic repository.--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.
(2) Policy.--The term ``policy'', with respect to the
intelligence community, includes unclassified or classified--
(A) directives, policy guidance, and policy
memoranda of the intelligence community;
(B) executive correspondence of the Director of
National Intelligence; and
(C) any equivalent successor policy instruments.
(b) 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 nonpublicly
available policies 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 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.
SEC. 316. EXPANSION OF INTELLIGENCE COMMUNITY RECRUITMENT EFFORTS.
In order to further increase the diversity of the intelligence
community workforce, not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with heads of elements of the Intelligence Community,
shall create, implement, and submit to the congressional intelligence
committees a written plan to ensure that rural and underrepresented
regions are more fully and consistently represented in such elements'
employment recruitment efforts. Upon receipt of the plan, the
congressional committees shall have 60 days to submit comments to the
Director of National Intelligence before such plan shall be
implemented.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. 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. 402. 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 Damon Paul Nelson and
Matthew Young Pollard Intelligence Authorization Act for Fiscal Years
2018, 2019, and 2020, each individual designated as the program manager
shall be appointed by the Director of National Intelligence.''.
SEC. 403. 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.''.
SEC. 404. 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. 405. 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. 411. CENTRAL INTELLIGENCE AGENCY 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. 412. 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. 413. 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. 421. 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) 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) In General.--There is in the Department an Office of
Intelligence and Counterintelligence. Such office shall be under the
National Intelligence Program.
``(c) 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.
``(d) 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.''.
(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. 422. ESTABLISHMENT OF ENERGY INFRASTRUCTURE SECURITY CENTER.
Section 215 of the Department of Energy Organization Act (42 U.S.C.
7144b), as amended by section 421, is further amended by adding at the
end the following:
``(e) 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. 423. 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. 431. PLAN FOR DESIGNATION OF COUNTERINTELLIGENCE COMPONENT OF
DEFENSE SECURITY SERVICE AS AN ELEMENT OF INTELLIGENCE
COMMUNITY.
Not later than 90 days after the date of the enactment of this Act,
the Director of National Intelligence and Under Secretary of Defense
for Intelligence, in coordination with the Director of the National
Counterintelligence and Security Center, shall submit to the
congressional intelligence committees, the Committee on Armed Services
of the Senate, and the Committee on Armed Services of the House of
Representatives a plan to designate the counterintelligence component
of the Defense Security Service of the Department of Defense as an
element of the intelligence community by not later than January 1,
2019. Such plan shall--
(1) address the implications of such designation on the
authorities, governance, personnel, resources, information
technology, collection, analytic products, information sharing,
and business processes of the Defense Security Service and the
intelligence community; and
(2) not address the personnel security functions of the
Defense Security Service.
SEC. 432. NOTICE NOT REQUIRED FOR PRIVATE ENTITIES.
Section 3553 of title 44, United States Code, is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following:
``(j) Rule of Construction.--Nothing in this section shall be
construed to require the Secretary to provide notice to any private
entity before the Secretary issues a binding operational directive
under subsection (b)(2).''.
SEC. 433. 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
function--
(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. 434. 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 promoting innovation, competition, and resilience in
space, overhead reconnaissance, acquisition, and other
matters; and
``(B) advise and report directly to the Director
with respect to such matters.
``(3) Members.--
``(A) Number and appointment.--
``(i) In general.--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.
``(ii) Notification.--Not later than 30
days after the date on which the Director
appoints a member to the Board, the Director
shall notify the congressional intelligence
committees and the congressional defense
committees (as defined in section 101(a) of
title 10, United States Code) of such
appointment.
``(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 and
significant findings 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.
``(7) Termination.--The Board shall terminate on the date
that is 3 years after the date of the first meeting of 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).
SEC. 435. COLLOCATION OF CERTAIN DEPARTMENT OF HOMELAND SECURITY
PERSONNEL AT FIELD LOCATIONS.
(a) Identification of Opportunities for Collocation.--Not later
than 60 days after the date of the enactment of this Act, the Under
Secretary of Homeland Security for Intelligence and Analysis shall
identify, in consultation with the Commissioner of U.S. Customs and
Border Protection, the Administrator of the Transportation Security
Administration, the Director of U.S. Immigration and Customs
Enforcement, and the heads of such other elements of the Department of
Homeland Security as the Under Secretary considers appropriate,
opportunities for collocation of officers of the Office of Intelligence
and Analysis in the field outside of the greater Washington, District
of Columbia, area in order to support operational units from U.S.
Customs and Border Protection, the Transportation Security
Administration, U.S. Immigration and Customs Enforcement, and other
elements of the Department of Homeland Security.
(b) Plan for Collocation.--Not later than 120 days after the date
of the enactment of this Act, the Under Secretary shall submit to the
congressional intelligence committees a report that includes a plan for
collocation as described in subsection (a).
TITLE V--ELECTION MATTERS
SEC. 501. REPORT ON CYBER ATTACKS BY FOREIGN GOVERNMENTS AGAINST UNITED
STATES ELECTION INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Committee on Homeland Security of the House
of Representatives;
(D) the Committee on Foreign Relations of the
Senate; and
(E) the Committee on Foreign Affairs of the House
of Representatives.
(2) 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.
(3) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, and any territory or possession of the United
States.
(b) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Under Secretary of Homeland Security for
Intelligence and Analysis shall submit to congressional leadership and
the appropriate congressional committees a report on cyber attacks and
attempted cyber attacks by foreign governments on United States
election infrastructure in States and localities in connection with the
2016 Presidential election in the United States and such cyber attacks
or attempted cyber attacks as the Under Secretary anticipates against
such infrastructure. Such report shall identify the States and
localities affected and shall include cyber attacks and attempted cyber
attacks against voter registration databases, voting machines, voting-
related computer networks, and the networks of Secretaries of State and
other election officials of the various States.
(c) Form.--The report submitted under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 502. REVIEW OF INTELLIGENCE COMMUNITY'S POSTURE TO COLLECT AGAINST
AND ANALYZE RUSSIAN EFFORTS TO INFLUENCE THE PRESIDENTIAL
ELECTION.
(a) Review Required.--Not later than 1 year after the date of the
enactment of this Act, the Director of National Intelligence shall--
(1) complete an after action review of the posture of the
intelligence community to collect against and analyze efforts
of the Government of Russia to interfere in the 2016
Presidential election in the United States; and
(2) submit to the congressional intelligence committees a
report on the findings of the Director with respect to such
review.
(b) Elements.--The review required by subsection (a) shall include,
with respect to the posture and efforts described in paragraph (1) of
such subsection, the following:
(1) An assessment of whether the resources of the
intelligence community were properly aligned to detect and
respond to the efforts described in subsection (a)(1).
(2) An assessment of the information sharing that occurred
within elements of the intelligence community.
(3) An assessment of the information sharing that occurred
between elements of the intelligence community.
(4) An assessment of applicable authorities necessary to
collect on any such efforts and any deficiencies in those
authorities.
(5) A review of the use of open source material to inform
analysis and warning of such efforts.
(6) A review of the use of alternative and predictive
analysis.
(c) Form of Report.--The report required by subsection (a)(2) shall
be submitted to the congressional intelligence committees in a
classified form.
SEC. 503. ASSESSMENT OF FOREIGN INTELLIGENCE THREATS TO FEDERAL
ELECTIONS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(C) the Committee on Homeland Security of the House
of Representatives.
(2) 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.
(3) Security vulnerability.--The term ``security
vulnerability'' has the meaning given such term in section 102
of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501).
(b) In General.--The Director of National Intelligence, in
coordination with the Director of the Central Intelligence Agency, the
Director of the National Security Agency, the Director of the Federal
Bureau of Investigation, the Secretary of Homeland Security, and the
heads of other relevant elements of the intelligence community, shall--
(1) commence not later than 1 year before any regularly
scheduled Federal election occurring after December 31, 2018,
and complete not later than 180 days before such election, an
assessment of security vulnerabilities of State election
systems; and
(2) not later than 180 days before any regularly scheduled
Federal election occurring after December 31, 2018, submit a
report on such security vulnerabilities and an assessment of
foreign intelligence threats to the election to--
(A) congressional leadership; and
(B) the appropriate congressional committees.
(c) Update.--Not later than 90 days before any regularly scheduled
Federal election occurring after December 31, 2018, the Director of
National Intelligence shall--
(1) update the assessment of foreign intelligence threats
to that election; and
(2) submit the updated assessment to--
(A) congressional leadership; and
(B) the appropriate congressional committees.
SEC. 504. STRATEGY FOR COUNTERING RUSSIAN CYBER THREATS TO UNITED
STATES ELECTIONS.
(a) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional intelligence committees.
(2) The Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(3) The Committee on Armed Services and the Committee on
Homeland Security of the House of Representatives.
(4) The Committee on Foreign Relations of the Senate.
(5) The Committee on Foreign Affairs of the House of
Representatives.
(b) Requirement for a Strategy.--Not later than 90 days after the
date of the enactment of this Act, the Director of National
Intelligence, in coordination with the Secretary of Homeland Security,
the Director of the Federal Bureau of Investigation, the Director of
the Central Intelligence Agency, the Secretary of State, the Secretary
of Defense, and the Secretary of the Treasury, shall develop a whole-
of-government strategy for countering the threat of Russian cyber
attacks and attempted cyber attacks against electoral systems and
processes in the United States, including Federal, State, and local
election systems, voter registration databases, voting tabulation
equipment, and equipment and processes for the secure transmission of
election results.
(c) Elements of the Strategy.--The strategy required by subsection
(b) shall include the following elements:
(1) A whole-of-government approach to protecting United
States electoral systems and processes that includes the
agencies and departments indicated in subsection (b) as well as
any other agencies and departments of the United States, as
determined appropriate by the Director of National Intelligence
and the Secretary of Homeland Security.
(2) Input solicited from Secretaries of State of the
various States and the chief election officials of the States.
(3) Technical security measures, including auditable paper
trails for voting machines, securing wireless and Internet
connections, and other technical safeguards.
(4) Detection of cyber threats, including attacks and
attempted attacks by Russian government or nongovernment cyber
threat actors.
(5) Improvements in the identification and attribution of
Russian government or nongovernment cyber threat actors.
(6) Deterrence, including actions and measures that could
or should be undertaken against or communicated to the
Government of Russia or other entities to deter attacks
against, or interference with, United States election systems
and processes.
(7) Improvements in Federal Government communications with
State and local election officials.
(8) Public education and communication efforts.
(9) Benchmarks and milestones to enable the measurement of
concrete steps taken and progress made in the implementation of
the strategy.
(d) Congressional Briefing.--Not later than 90 days after the date
of the enactment of this Act, the Director of National Intelligence and
the Secretary of Homeland Security shall jointly brief the appropriate
congressional committees on the strategy developed under subsection
(b).
SEC. 505. ASSESSMENT OF SIGNIFICANT RUSSIAN INFLUENCE CAMPAIGNS
DIRECTED AT FOREIGN ELECTIONS AND REFERENDA.
(a) 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.
(b) 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).
(c) Form.--The report required by subsection (b) may be submitted
in classified form, but if so submitted, shall contain an unclassified
summary.
SEC. 506. 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 an election
held for the office of Senator or Member of the House
of Representatives during 2018, not later than the date
that is 60 days after the date of the enactment of this
Act.
(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. 507. INFORMATION SHARING WITH STATE ELECTION OFFICIALS.
(a) State Defined.--In this section, the term ``State'' means any
State of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, and any territory or possession of the United States.
(b) Security Clearances.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Director of National
Intelligence shall support the Under Secretary of Homeland
Security for Intelligence and Analysis, and any other official
of the Department of Homeland Security designated by the
Secretary of Homeland Security, in sponsoring a security
clearance up to the top secret level for each eligible chief
election official of a State or the District of Columbia, and
additional eligible designees of such election official as
appropriate, at the time that such election official assumes
such position.
(2) Interim clearances.--Consistent with applicable
policies and directives, the Director of National Intelligence
may issue interim clearances, for a period to be determined by
the Director, to a chief election official as described in
paragraph (1) and up to 1 designee of such official under such
paragraph.
(c) Information Sharing.--
(1) In general.--The Director of National Intelligence
shall assist the Under Secretary of Homeland Security for
Intelligence and Analysis and the Under Secretary responsible
for overseeing critical infrastructure protection,
cybersecurity, and other related programs of the Department (as
specified in section 103(a)(1)(H) of the Homeland Security Act
of 2002 (6 U.S.C. 113(a)(1)(H))) with sharing any appropriate
classified information related to threats to election systems
and to the integrity of the election process with chief
election officials and such designees who have received a
security clearance under subsection (b).
(2) Coordination.--The Under Secretary of Homeland Security
for Intelligence and Analysis shall coordinate with the
Director of National Intelligence and the Under Secretary
responsible for overseeing critical infrastructure protection,
cybersecurity, and other related programs of the Department (as
specified in section 103(a)(1)(H) of the Homeland Security Act
of 2002 (6 U.S.C. 113(a)(1)(H))) to facilitate the sharing of
information to the affected Secretaries of State or States.
SEC. 508. NOTIFICATION OF SIGNIFICANT FOREIGN CYBER INTRUSIONS AND
ACTIVE MEASURES CAMPAIGNS DIRECTED AT ELECTIONS FOR
FEDERAL OFFICES.
(a) 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, the Committee
on Homeland Security and Governmental Affairs, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Homeland Security, and the Committee on
Appropriations of the House of Representatives.
(b) 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 (c) 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.
(c) Briefing.--
(1) In general.--Not later than 14 days after making a
determination under subsection (b), 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 (b), 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.
SEC. 509. DESIGNATION OF COUNTERINTELLIGENCE OFFICER TO LEAD ELECTION
SECURITY MATTERS.
(a) In General.--The Director of National Intelligence shall
designate a national counterintelligence officer within the National
Counterintelligence and Security Center to lead, manage, and coordinate
counterintelligence matters relating to election security.
(b) Additional Responsibilities.--The person designated under
subsection (a) shall also lead, manage, and coordinate
counterintelligence matters relating to risks posed by interference
from foreign powers (as defined in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801)) to the
following:
(1) The Federal Government election security supply chain.
(2) Election voting systems and software.
(3) Voter registration databases.
(4) Critical infrastructure related to elections.
(5) Such other Government goods and services as the
Director of National Intelligence considers appropriate.
TITLE VI--SECURITY CLEARANCES
SEC. 601. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(E) the Committee on Armed Services of the House of
Representatives;
(F) the Committee on Appropriations of the House of
Representatives;
(G) the Committee on Homeland Security of the House
of Representatives; and
(H) the Committee on Oversight and Reform of the
House of Representatives.
(2) Appropriate industry partners.--The term ``appropriate
industry partner'' means a contractor, licensee, or grantee (as
defined in section 101(a) of Executive Order 12829 (50 U.S.C.
3161 note; relating to National Industrial Security Program))
that is participating in the National Industrial Security
Program established by such Executive Order.
(3) Continuous vetting.--The term ``continuous vetting''
has the meaning given such term in Executive Order 13467 (50
U.S.C. 3161 note; relating to reforming processes related to
suitability for government employment, fitness for contractor
employees, and eligibility for access to classified national
security information).
(4) Council.--The term ``Council'' means the Security,
Suitability, and Credentialing Performance Accountability
Council established pursuant to such Executive Order, or any
successor entity.
(5) Security executive agent.--The term ``Security
Executive Agent'' means the officer serving as the Security
Executive Agent pursuant to section 803 of the National
Security Act of 1947, as added by section 605.
(6) Suitability and credentialing executive agent.--The
term ``Suitability and Credentialing Executive Agent'' means
the Director of the Office of Personnel Management acting as
the Suitability and Credentialing Executive Agent in accordance
with Executive Order 13467 (50 U.S.C. 3161 note; relating to
reforming processes related to suitability for government
employment, fitness for contractor employees, and eligibility
for access to classified national security information), or any
successor entity.
SEC. 602. REPORTS AND PLANS RELATING TO SECURITY CLEARANCES AND
BACKGROUND INVESTIGATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) ensuring the trustworthiness and security of the
workforce, facilities, and information of the Federal
Government is of the highest priority to national security and
public safety;
(2) the President and Congress should prioritize the
modernization of the personnel security framework to improve
its efficiency, effectiveness, and accountability;
(3) the current system for security clearance, suitability
and fitness for employment, and credentialing lacks
efficiencies and capabilities to meet the current threat
environment, recruit and retain a trusted workforce, and
capitalize on modern technologies; and
(4) changes to policies or processes to improve this system
should be vetted through the Council to ensure standardization,
portability, and reciprocity in security clearances across the
Federal Government.
(b) Accountability Plans and Reports.--
(1) Plans.--Not later than 90 days after the date of the
enactment of this Act, the Council shall submit to the
appropriate congressional committees and make available to
appropriate industry partners the following:
(A) A plan, with milestones, to reduce the
background investigation inventory to 200,000, or an
otherwise sustainable steady-level, by the end of year
2020. Such plan shall include notes of any required
changes in investigative and adjudicative standards or
resources.
(B) A plan to consolidate the conduct of background
investigations associated with the processing for
security clearances in the most effective and efficient
manner between the National Background Investigation
Bureau and the Defense Security Service, or a successor
organization. Such plan shall address required funding,
personnel, contracts, information technology, field
office structure, policy, governance, schedule,
transition costs, and effects on stakeholders.
(2) Report on the future of personnel security.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Chairman of the
Council, in coordination with the members of the
Council, shall submit to the appropriate congressional
committees and make available to appropriate industry
partners a report on the future of personnel security
to reflect changes in threats, the workforce, and
technology.
(B) Contents.--The report submitted under
subparagraph (A) shall include the following:
(i) A risk framework for granting and
renewing access to classified information.
(ii) A discussion of the use of
technologies to prevent, detect, and monitor
threats.
(iii) A discussion of efforts to address
reciprocity and portability.
(iv) A discussion of the characteristics of
effective insider threat programs.
(v) An analysis of how to integrate data
from continuous evaluation, insider threat
programs, and human resources data.
(vi) Recommendations on interagency
governance.
(3) Plan for implementation.--Not later than 180 days after
the date of the enactment of this Act, the Chairman of the
Council, in coordination with the members of the Council, shall
submit to the appropriate congressional committees and make
available to appropriate industry partners a plan to implement
the report's framework and recommendations submitted under
paragraph (2)(A).
(4) Congressional notifications.--Not less frequently than
quarterly, the Security Executive Agent shall make available to
the public a report regarding the status of the disposition of
requests received from departments and agencies of the Federal
Government for a change to, or approval under, the Federal
investigative standards, the national adjudicative guidelines,
continuous evaluation, or other national policy regarding
personnel security.
SEC. 603. IMPROVING THE PROCESS FOR SECURITY CLEARANCES.
(a) Reviews.--Not later than 180 days after the date of the
enactment of this Act, the Security Executive Agent, in coordination
with the members of the Council, shall submit to the appropriate
congressional committees and make available to appropriate industry
partners a report that includes the following:
(1) A review of whether the information requested on the
Questionnaire for National Security Positions (Standard Form
86) and by the Federal Investigative Standards prescribed by
the Office of Personnel Management and the Office of the
Director of National Intelligence appropriately supports the
adjudicative guidelines under Security Executive Agent
Directive 4 (known as the ``National Security Adjudicative
Guidelines''). Such review shall include identification of
whether any such information currently collected is unnecessary
to support the adjudicative guidelines.
(2) An assessment of whether such Questionnaire, Standards,
and guidelines should be revised to account for the prospect of
a holder of a security clearance becoming an insider threat.
(3) Recommendations to improve the background investigation
process by--
(A) simplifying the Questionnaire for National
Security Positions (Standard Form 86) and increasing
customer support to applicants completing such
Questionnaire;
(B) using remote techniques and centralized
locations to support or replace field investigation
work;
(C) using secure and reliable digitization of
information obtained during the clearance process;
(D) building the capacity of the background
investigation labor sector; and
(E) replacing periodic reinvestigations with
continuous evaluation techniques in all appropriate
circumstances.
(b) Policy, Strategy, and Implementation.--Not later than 180 days
after the date of the enactment of this Act, the Security Executive
Agent shall, in coordination with the members of the Council, establish
the following:
(1) A policy and implementation plan for the issuance of
interim security clearances.
(2) A policy and implementation plan to ensure contractors
are treated consistently in the security clearance process
across agencies and departments of the United States as
compared to employees of such agencies and departments. Such
policy shall address--
(A) prioritization of processing security
clearances based on the mission the contractors will be
performing;
(B) standardization in the forms that agencies
issue to initiate the process for a security clearance;
(C) digitization of background investigation-
related forms;
(D) use of the polygraph;
(E) the application of the adjudicative guidelines
under Security Executive Agent Directive 4 (known as
the ``National Security Adjudicative Guidelines'');
(F) reciprocal recognition of clearances across
agencies and departments of the United States,
regardless of status of periodic reinvestigation;
(G) tracking of clearance files as individuals move
from employment with an agency or department of the
United States to employment in the private sector;
(H) collection of timelines for movement of
contractors across agencies and departments;
(I) reporting on security incidents and job
performance, consistent with section 552a of title 5,
United States Code (commonly known as the ``Privacy Act
of 1974''), that may affect the ability to hold a
security clearance;
(J) any recommended changes to the Federal
Acquisition Regulations (FAR) necessary to ensure that
information affecting contractor clearances or
suitability is appropriately and expeditiously shared
between and among agencies and contractors; and
(K) portability of contractor security clearances
between or among contracts at the same agency and
between or among contracts at different agencies that
require the same level of clearance.
(3) A strategy and implementation plan that--
(A) provides for periodic reinvestigations as part
of a security clearance determination only on an as-
needed, risk-based basis;
(B) includes actions to assess the extent to which
automated records checks and other continuous
evaluation methods may be used to expedite or focus
reinvestigations; and
(C) provides an exception for certain populations
if the Security Executive Agent--
(i) determines such populations require
reinvestigations at regular intervals; and
(ii) provides written justification to the
appropriate congressional committees for any
such determination.
(4) A policy and implementation plan for agencies and
departments of the United States, as a part of the security
clearance process, to accept automated records checks generated
pursuant to a security clearance applicant's employment with a
prior employer.
(5) A policy for the use of certain background materials on
individuals collected by the private sector for background
investigation purposes.
(6) Uniform standards for agency continuous evaluation
programs to ensure quality and reciprocity in accepting
enrollment in a continuous vetting program as a substitute for
a periodic investigation for continued access to classified
information.
SEC. 604. GOALS FOR PROMPTNESS OF DETERMINATIONS REGARDING SECURITY
CLEARANCES.
(a) Reciprocity Defined.--In this section, the term ``reciprocity''
means reciprocal recognition by Federal departments and agencies of
eligibility for access to classified information.
(b) In General.--The Council shall reform the security clearance
process with the objective that, by December 31, 2021, 90 percent of
all determinations, other than determinations regarding populations
identified under section 603(b)(3)(C), regarding--
(1) security clearances--
(A) at the secret level are issued in 30 days or
fewer; and
(B) at the top secret level are issued in 90 days
or fewer; and
(2) reciprocity of security clearances at the same level
are recognized in 2 weeks or fewer.
(c) Certain Reinvestigations.--The Council shall reform the
security clearance process with the goal that by December 31, 2021,
reinvestigation on a set periodicity is not required for more than 10
percent of the population that holds a security clearance.
(d) Equivalent Metrics.--
(1) In general.--If the Council develops a set of
performance metrics that it certifies to the appropriate
congressional committees should achieve substantially
equivalent outcomes as those outlined in subsections (b) and
(c), the Council may use those metrics for purposes of
compliance within this provision.
(2) Notice.--If the Council uses the authority provided by
paragraph (1) to use metrics as described in such paragraph,
the Council shall, not later than 30 days after communicating
such metrics to departments and agencies, notify the
appropriate congressional committees that it is using such
authority.
(e) Plan.--Not later than 180 days after the date of the enactment
of this Act, the Council shall submit to the appropriate congressional
committees and make available to appropriate industry partners a plan
to carry out this section. Such plan shall include recommended interim
milestones for the goals set forth in subsections (b) and (c) for 2019,
2020, and 2021.
SEC. 605. SECURITY EXECUTIVE AGENT.
(a) In General.--Title VIII of the National Security Act of 1947
(50 U.S.C. 3161 et seq.) is amended--
(1) by redesignating sections 803 and 804 as sections 804
and 805, respectively; and
(2) by inserting after section 802 the following:
``SEC. 803. SECURITY EXECUTIVE AGENT.
``(a) In General.--The Director of National Intelligence, or such
other officer of the United States as the President may designate,
shall serve as the Security Executive Agent for all departments and
agencies of the United States.
``(b) Duties.--The duties of the Security Executive Agent are as
follows:
``(1) To direct the oversight of investigations,
reinvestigations, adjudications, and, as applicable, polygraphs
for eligibility for access to classified information or
eligibility to hold a sensitive position made by any Federal
agency.
``(2) To review the national security background
investigation and adjudication programs of Federal agencies to
determine whether such programs are being implemented in
accordance with this section.
``(3) To develop and issue uniform and consistent policies
and procedures to ensure the effective, efficient, timely, and
secure completion of investigations, polygraphs, and
adjudications relating to determinations of eligibility for
access to classified information or eligibility to hold a
sensitive position.
``(4) Unless otherwise designated by law, to serve as the
final authority to designate a Federal agency or agencies to
conduct investigations of persons who are proposed for access
to classified information or for eligibility to hold a
sensitive position to ascertain whether such persons satisfy
the criteria for obtaining and retaining access to classified
information or eligibility to hold a sensitive position, as
applicable.
``(5) Unless otherwise designated by law, to serve as the
final authority to designate a Federal agency or agencies to
determine eligibility for access to classified information or
eligibility to hold a sensitive position in accordance with
Executive Order 12968 (50 U.S.C. 3161 note; relating to access
to classified information).
``(6) To ensure reciprocal recognition of eligibility for
access to classified information or eligibility to hold a
sensitive position among Federal agencies, including acting as
the final authority to arbitrate and resolve disputes among
such agencies involving the reciprocity of investigations and
adjudications of eligibility.
``(7) To execute all other duties assigned to the Security
Executive Agent by law.
``(c) Authorities.--The Security Executive Agent shall--
``(1) issue guidelines and instructions to the heads of
Federal agencies to ensure appropriate uniformity,
centralization, efficiency, effectiveness, timeliness, and
security in processes relating to determinations by such
agencies of eligibility for access to classified information or
eligibility to hold a sensitive position, including such
matters as investigations, polygraphs, adjudications, and
reciprocity;
``(2) have the authority to grant exceptions to, or waivers
of, national security investigative requirements, including
issuing implementing or clarifying guidance, as necessary;
``(3) have the authority to assign, in whole or in part, to
the head of any Federal agency (solely or jointly) any of the
duties of the Security Executive Agent described in subsection
(b) or the authorities described in paragraphs (1) and (2),
provided that the exercise of such assigned duties or
authorities is subject to the oversight of the Security
Executive Agent, including such terms and conditions (including
approval by the Security Executive Agent) as the Security
Executive Agent determines appropriate; and
``(4) define and set standards for continuous evaluation
for continued access to classified information and for
eligibility to hold a sensitive position.''.
(b) Report on Recommendations for Revising Authorities.--Not later
than 30 days after the date on which the Chairman of the Council
submits to the appropriate congressional committees the report required
by section 602(b)(2)(A), the Chairman shall submit to the appropriate
congressional committees such recommendations as the Chairman may have
for revising the authorities of the Security Executive Agent.
(c) Conforming Amendment.--Section 103H(j)(4)(A) of such Act (50
U.S.C. 3033(j)(4)(A)) is amended by striking ``in section 804'' and
inserting ``in section 805''.
(d) Clerical Amendment.--The table of contents in the matter
preceding section 2 of such Act (50 U.S.C. 3002) is amended by striking
the items relating to sections 803 and 804 and inserting the following:
``Sec. 803. Security Executive Agent.
``Sec. 804. Exceptions.
``Sec. 805. Definitions.''.
SEC. 606. REPORT ON UNIFIED, SIMPLIFIED, GOVERNMENTWIDE STANDARDS FOR
POSITIONS OF TRUST AND SECURITY CLEARANCES.
Not later than 90 days after the date of the enactment of this Act,
the Security Executive Agent and the Suitability and Credentialing
Executive Agent, in coordination with the other members of the Council,
shall jointly submit to the appropriate congressional committees and
make available to appropriate industry partners a report regarding the
advisability and the risks, benefits, and costs to the Government and
to industry of consolidating to not more than 3 tiers for positions of
trust and security clearances.
SEC. 607. REPORT ON CLEARANCE IN PERSON CONCEPT.
(a) Sense of Congress.--It is the sense of Congress that to reflect
the greater mobility of the modern workforce, alternative methodologies
merit analysis to allow greater flexibility for individuals moving in
and out of positions that require access to classified information,
while still preserving security.
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Security Executive Agent shall submit to the
appropriate congressional committees and make available to appropriate
industry partners a report that describes the requirements,
feasibility, and advisability of implementing a clearance in person
concept described in subsection (c).
(c) Clearance in Person Concept.--The clearance in person concept--
(1) permits an individual who once held a security
clearance to maintain his or her eligibility for access to
classified information, networks, and facilities for up to 3
years after the individual's eligibility for access to
classified information would otherwise lapse; and
(2) recognizes, unless otherwise directed by the Security
Executive Agent, an individual's security clearance and
background investigation as current, regardless of employment
status, contingent on enrollment in a continuous vetting
program.
(d) Contents.--The report required under subsection (b) shall
address--
(1) requirements for an individual to voluntarily remain in
a continuous evaluation program validated by the Security
Executive Agent even if the individual is not in a position
requiring access to classified information;
(2) appropriate safeguards for privacy;
(3) advantages to government and industry;
(4) the costs and savings associated with implementation;
(5) the risks of such implementation, including security
and counterintelligence risks;
(6) an appropriate funding model; and
(7) fairness to small companies and independent
contractors.
SEC. 608. BUDGET REQUEST DOCUMENTATION ON FUNDING FOR BACKGROUND
INVESTIGATIONS.
(a) In General.--As part of the fiscal year 2020 budget request
submitted to Congress pursuant to section 1105(a) of title 31, United
States Code, the President shall include exhibits that identify the
resources expended by each agency during the prior fiscal year for
processing background investigations and continuous evaluation
programs, disaggregated by tier and whether the individual was a
Government employee or contractor.
(b) Contents.--Each exhibit submitted under subsection (a) shall
include details on--
(1) the costs of background investigations or
reinvestigations;
(2) the costs associated with background investigations for
Government or contract personnel;
(3) costs associated with continuous evaluation initiatives
monitoring for each person for whom a background investigation
or reinvestigation was conducted, other than costs associated
with adjudication;
(4) the average per person cost for each type of background
investigation; and
(5) a summary of transfers and reprogrammings that were
executed in the previous year to support the processing of
security clearances.
SEC. 609. REPORTS ON RECIPROCITY FOR SECURITY CLEARANCES INSIDE OF
DEPARTMENTS AND AGENCIES.
(a) Reciprocally Recognized Defined.--In this section, the term
``reciprocally recognized'' means reciprocal recognition by Federal
departments and agencies of eligibility for access to classified
information.
(b) Reports to Security Executive Agent.--The head of each Federal
department or agency shall submit an annual report to the Security
Executive Agent that--
(1) identifies the number of individuals whose security
clearances take more than 2 weeks to be reciprocally recognized
after such individuals move to another part of such department
or agency; and
(2) breaks out the information described in paragraph (1)
by type of clearance and the reasons for any delays.
(c) Annual Report.--Not less frequently than once each year, the
Security Executive Agent shall submit to the appropriate congressional
committees and make available to industry partners an annual report
that summarizes the information received pursuant to subsection (b)
during the period covered by such report.
SEC. 610. INTELLIGENCE COMMUNITY REPORTS ON SECURITY CLEARANCES.
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 adding ``and'' at
the end;
(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:
``(b) Intelligence Community Reports.--(1)(A) Not later than March
1 of each year, the Director of National Intelligence shall submit a
report to the congressional intelligence committees, the Committee on
Homeland Security and Governmental Affairs of the Senate, the Committee
on Homeland Security of the House of Representatives, and the Committee
on Oversight and Reform of the House of Representatives regarding the
security clearances processed by each element of the intelligence
community during the preceding fiscal year.
``(B) The Director shall submit to the Committee on Armed Services
of the Senate and the Committee on Armed Services of the House of
Representatives such portions of the report submitted under
subparagraph (A) as the Director determines address elements of the
intelligence community that are within the Department of Defense.
``(C) Each report submitted under this paragraph shall separately
identify security clearances processed for Federal employees and
contractor employees sponsored by each such element.
``(2) Each report submitted under paragraph (1)(A) shall include,
for each element of the intelligence community for the fiscal year
covered by the report, the following:
``(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 of such adjudications that
were adjudicated favorably and granted access to
classified information; and
``(ii) the total number of such adjudications 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 of such adjudications that
were adjudicated favorably; and
``(ii) the total number of such adjudications 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, categorized as follows:
``(i) For 180 days or shorter.
``(ii) For longer than 180 days, but shorter than
12 months.
``(iii) For 12 months or longer, but shorter than
18 months.
``(iv) For 18 months or longer, but shorter than 24
months.
``(v) For 24 months or longer.
``(F) For any 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 striking
``subsection (a)(1)'' and inserting ``subsections (a)(1) and
(b)''.
SEC. 611. PERIODIC REPORT ON POSITIONS IN THE INTELLIGENCE COMMUNITY
THAT CAN BE CONDUCTED WITHOUT ACCESS TO CLASSIFIED
INFORMATION, NETWORKS, OR FACILITIES.
Not later than 180 days after the date of the enactment of this Act
and not less frequently than once every 5 years thereafter, the
Director of National Intelligence shall submit to the congressional
intelligence committees a report that reviews the intelligence
community for which positions can be conducted without access to
classified information, networks, or facilities, or may only require a
security clearance at the secret level.
SEC. 612. INFORMATION SHARING PROGRAM FOR POSITIONS OF TRUST AND
SECURITY CLEARANCES.
(a) Program Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Security Executive Agent and the
Suitability and Credentialing Executive Agent shall establish
and implement a program to share between and among agencies of
the Federal Government and industry partners of the Federal
Government relevant background information regarding
individuals applying for and currently occupying national
security positions and positions of trust, in order to ensure
the Federal Government maintains a trusted workforce.
(2) Designation.--The program established under paragraph
(1) shall be known as the ``Trusted Information Provider
Program'' (in this section referred to as the ``Program'').
(b) Privacy Safeguards.--The Security Executive Agent and the
Suitability and Credentialing Executive Agent shall ensure that the
Program includes such safeguards for privacy as the Security Executive
Agent and the Suitability and Credentialing Executive Agent consider
appropriate.
(c) Provision of Information to the Federal Government.--The
Program shall include requirements that enable investigative service
providers and agencies of the Federal Government to leverage certain
pre-employment information gathered during the employment or military
recruiting process, and other relevant security or human resources
information obtained during employment with or for the Federal
Government, that satisfy Federal investigative standards, while
safeguarding personnel privacy.
(d) Information and Records.--The information and records
considered under the Program shall include the following:
(1) Date and place of birth.
(2) Citizenship or immigration and naturalization
information.
(3) Education records.
(4) Employment records.
(5) Employment or social references.
(6) Military service records.
(7) State and local law enforcement checks.
(8) Criminal history checks.
(9) Financial records or information.
(10) Foreign travel, relatives, or associations.
(11) Social media checks.
(12) Such other information or records as may be relevant
to obtaining or maintaining national security, suitability,
fitness, or credentialing eligibility.
(e) Implementation Plan.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Security Executive Agent and the
Suitability and Credentialing Executive Agent shall jointly
submit to the appropriate congressional committees and make
available to appropriate industry partners a plan for the
implementation of the Program.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) Mechanisms that address privacy, national
security, suitability or fitness, credentialing, and
human resources or military recruitment processes.
(B) Such recommendations for legislative or
administrative action as the Security Executive Agent
and the Suitability and Credentialing Executive Agent
consider appropriate to carry out or improve the
Program.
(f) Plan for Pilot Program on Two-way Information Sharing.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Security Executive Agent and the
Suitability and Credentialing Executive Agent shall jointly
submit to the appropriate congressional committees and make
available to appropriate industry partners a plan for the
implementation of a pilot program to assess the feasibility and
advisability of expanding the Program to include the sharing of
information held by the Federal Government related to contract
personnel with the security office of the employers of those
contractor personnel.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) Mechanisms that address privacy, national
security, suitability or fitness, credentialing, and
human resources or military recruitment processes.
(B) Such recommendations for legislative or
administrative action as the Security Executive Agent
and the Suitability and Credentialing Executive Agent
consider appropriate to carry out or improve the pilot
program.
(g) Review.--Not later than 1 year after the date of the enactment
of this Act, the Security Executive Agent and the Suitability and
Credentialing Executive Agent shall jointly submit to the appropriate
congressional committees and make available to appropriate industry
partners a review of the plans submitted under subsections (e)(1) and
(f)(1) and utility and effectiveness of the programs described in such
plans.
SEC. 613. REPORT ON PROTECTIONS FOR CONFIDENTIALITY OF WHISTLEBLOWER-
RELATED COMMUNICATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Security Executive Agent shall, in coordination with the
Inspector General of the Intelligence Community, submit to the
appropriate congressional committees a report detailing the controls
employed by the intelligence community to ensure that continuous
vetting programs, including those involving user activity monitoring,
protect the confidentiality of whistleblower-related communications.
TITLE VII--REPORTS AND OTHER MATTERS
Subtitle A--Matters Relating to Russia and Other Foreign Powers
SEC. 701. LIMITATION RELATING TO ESTABLISHMENT OR SUPPORT OF
CYBERSECURITY UNIT WITH THE RUSSIAN FEDERATION.
(a) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives;
and
(3) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(b) Limitation.--
(1) In general.--No amount may be expended by the Federal
Government, other than the Department of Defense, to enter into
or implement any bilateral agreement between the United States
and the Russian Federation regarding cybersecurity, including
the establishment or support of any cybersecurity unit, unless,
at least 30 days prior to the conclusion of any such agreement,
the Director of National Intelligence submits to the
appropriate congressional committees a report on such agreement
that includes the elements required by subsection (c).
(2) Department of defense agreements.--Any agreement
between the Department of Defense and the Russian Federation
regarding cybersecurity shall be conducted in accordance with
section 1232 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328), as amended by section
1231 of the National Defense Authorization Act for Fiscal Year
2018 (Public Law 115-91).
(c) Elements.--If the Director submits a report under subsection
(b) with respect to an agreement, such report shall include a
description of each of the following:
(1) The purpose of the agreement.
(2) The nature of any intelligence to be shared pursuant to
the agreement.
(3) The expected value to national security resulting from
the implementation of the agreement.
(4) Such counterintelligence concerns associated with the
agreement as the Director may have and such measures as the
Director expects to be taken to mitigate such concerns.
(d) Rule of Construction.--This section shall not be construed to
affect any existing authority of the Director of National Intelligence,
the Director of the Central Intelligence Agency, or another head of an
element of the intelligence community, to share or receive foreign
intelligence on a case-by-case basis.
SEC. 702. REPORT ON RETURNING RUSSIAN COMPOUNDS.
(a) Covered Compounds Defined.--In this section, the term ``covered
compounds'' means the real property in New York, the real property in
Maryland, and the real property in San Francisco, California, that were
under the control of the Government of Russia in 2016 and were removed
from such control in response to various transgressions by the
Government of Russia, including the interference by the Government of
Russia in the 2016 election in the United States.
(b) Requirement for Report.--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, and the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives (only with respect to
the unclassified report), a report on the intelligence risks of
returning the covered compounds to Russian control.
(c) Form of Report.--The report required by this section shall be
submitted in classified and unclassified forms.
SEC. 703. ASSESSMENT OF THREAT FINANCE RELATING TO RUSSIA.
(a) 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.
(b) 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.
(c) Elements.--The report required by subsection (b) 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.
(d) Form of Report.--The report required under subsection (b) may
be submitted in classified form.
SEC. 704. NOTIFICATION OF AN ACTIVE MEASURES CAMPAIGN.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives; and
(C) the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
(2) 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.
(b) Requirement for Notification.--The Director of National
Intelligence, in cooperation with the Director of the Federal Bureau of
Investigation and the head of any other relevant agency, shall notify
the congressional leadership and the Chairman and Vice Chairman or
Ranking Member of each of the appropriate congressional committees, and
of other relevant committees of jurisdiction, each time the Director of
National Intelligence determines there is credible information that a
foreign power has, is, or will attempt to employ a covert influence or
active measures campaign with regard to the modernization, employment,
doctrine, or force posture of the nuclear deterrent or missile defense.
(c) Content of Notification.--Each notification required by
subsection (b) shall include information concerning actions taken by
the United States to expose or halt an attempt referred to in
subsection (b).
SEC. 705. NOTIFICATION OF TRAVEL BY ACCREDITED DIPLOMATIC AND CONSULAR
PERSONNEL OF THE RUSSIAN FEDERATION IN THE UNITED STATES.
In carrying out the advance notification requirements set out in
section 502 of the Intelligence Authorization Act for Fiscal Year 2017
(division N of Public Law 115-31; 131 Stat. 825; 22 U.S.C. 254a note),
the Secretary of State shall--
(1) ensure that the Russian Federation provides
notification to the Secretary of State at least 2 business days
in advance of all travel that is subject to such requirements
by accredited diplomatic and consular personnel of the Russian
Federation in the United States, and take necessary action to
secure full compliance by Russian personnel and address any
noncompliance; and
(2) provide notice of travel described in paragraph (1) to
the Director of National Intelligence and the Director of the
Federal Bureau of Investigation within 1 hour of receiving
notice of such travel.
SEC. 706. REPORT ON OUTREACH STRATEGY ADDRESSING THREATS FROM UNITED
STATES ADVERSARIES TO THE UNITED STATES TECHNOLOGY
SECTOR.
(a) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(3) the Committee on Armed Services, Committee on Homeland
Security, and the Committee on Oversight and Reform of the
House of Representatives.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate committees of Congress a report detailing
outreach by the intelligence community and the Defense Intelligence
Enterprise to United States industrial, commercial, scientific,
technical, and academic communities on matters relating to the efforts
of adversaries of the United States to acquire critical United States
technology, intellectual property, and research and development
information.
(c) Contents.--The report required by subsection (b) shall include
the following:
(1) A review of the current outreach efforts of the
intelligence community and the Defense Intelligence Enterprise
described in subsection (b), including the type of information
conveyed in the outreach.
(2) A determination of the appropriate element of the
intelligence community to lead such outreach efforts.
(3) An assessment of potential methods for improving the
effectiveness of such outreach, including an assessment of the
following:
(A) Those critical technologies, infrastructure, or
related supply chains that are at risk from the efforts
of adversaries described in subsection (b).
(B) The necessity and advisability of granting
security clearances to company or community leadership,
when necessary and appropriate, to allow for tailored
classified briefings on specific targeted threats.
(C) The advisability of partnering with entities of
the Federal Government that are not elements of the
intelligence community and relevant regulatory and
industry groups described in subsection (b), to convey
key messages across sectors targeted by United States
adversaries.
(D) Strategies to assist affected elements of the
communities described in subparagraph (C) in
mitigating, deterring, and protecting against the broad
range of threats from the efforts of adversaries
described in subsection (b), with focus on producing
information that enables private entities to justify
business decisions related to national security
concerns.
(E) The advisability of the establishment of a
United States Government-wide task force to coordinate
outreach and activities to combat the threats from
efforts of adversaries described in subsection (b).
(F) Such other matters as the Director of National
Intelligence may consider necessary.
(d) Consultation Encouraged.--In preparing the report required by
subsection (b), the Director is encouraged to consult with other
government agencies, think tanks, academia, representatives of the
financial industry, or such other entities as the Director considers
appropriate.
(e) Form.--The report required by subsection (b) shall be submitted
in unclassified form, but may include a classified annex as necessary.
SEC. 707. REPORT ON IRANIAN SUPPORT OF PROXY FORCES IN SYRIA AND
LEBANON.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Permanent Select Committee
on Intelligence of the House of Representatives.
(2) Arms or related material.--The term ``arms or related
material'' means--
(A) nuclear, biological, chemical, or radiological
weapons or materials or components of such weapons;
(B) ballistic or cruise missile weapons or
materials or components of such weapons;
(C) destabilizing numbers and types of advanced
conventional weapons;
(D) defense articles or defense services, as those
terms are defined in paragraphs (3) and (4),
respectively, of section 47 of the Arms Export Control
Act (22 U.S.C. 2794);
(E) defense information, as that term is defined in
section 644 of the Foreign Assistance Act of 1961 (22
U.S.C. 2403); or
(F) items designated by the President for purposes
of the United States Munitions List under section
38(a)(1) of the Arms Export Control Act (22 U.S.C.
2778(a)(1)).
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate committees of Congress a report on Iranian
support of proxy forces in Syria and Lebanon and the threat posed to
Israel, other United States regional allies, and other specified
interests of the United States as a result of such support.
(c) Matters for Inclusion.--The report required under subsection
(b) shall include information relating to the following matters with
respect to both the strategic and tactical implications for the United
States and its allies:
(1) A description of arms or related materiel transferred
by Iran to Hizballah since March 2011, including the number of
such arms or related materiel and whether such transfer was by
land, sea, or air, as well as financial and additional
technological capabilities transferred by Iran to Hizballah.
(2) A description of Iranian and Iranian-controlled
personnel, including Hizballah, Shiite militias, and Iran's
Revolutionary Guard Corps forces, operating within Syria,
including the number and geographic distribution of such
personnel operating within 30 kilometers of the Israeli borders
with Syria and Lebanon.
(3) An assessment of Hizballah's operational lessons
learned based on its recent experiences in Syria.
(4) A description of any rocket-producing facilities in
Lebanon for nonstate actors, including whether such facilities
were assessed to be built at the direction of Hizballah
leadership, Iranian leadership, or in consultation between
Iranian leadership and Hizballah leadership.
(5) An analysis of the foreign and domestic supply chains
that significantly facilitate, support, or otherwise aid
Hizballah's acquisition or development of missile production
facilities, including the geographic distribution of such
foreign and domestic supply chains.
(6) An assessment of the provision of goods, services, or
technology transferred by Iran or its affiliates to Hizballah
to indigenously manufacture or otherwise produce missiles.
(7) An identification of foreign persons that are based on
credible information, facilitating the transfer of significant
financial support or arms or related materiel to Hizballah.
(8) A description of the threat posed to Israel and other
United States allies in the Middle East by the transfer of arms
or related material or other support offered to Hizballah and
other proxies from Iran.
(d) Form of Report.--The report required under subsection (b) shall
be submitted in unclassified form, but may include a classified annex.
SEC. 708. ANNUAL REPORT ON IRANIAN EXPENDITURES SUPPORTING FOREIGN
MILITARY AND TERRORIST ACTIVITIES.
(a) Annual Report Required.--Not later than 90 days after the date
of the enactment of this Act and not less frequently than once each
year thereafter, the Director of National Intelligence shall submit to
Congress a report describing Iranian expenditures in the previous
calendar year on military and terrorist activities outside the country,
including each of the following:
(1) The amount spent in such calendar year on activities by
the Islamic Revolutionary Guard Corps, including activities
providing support for--
(A) Hizballah;
(B) Houthi rebels in Yemen;
(C) Hamas;
(D) proxy forces in Iraq and Syria; or
(E) any other entity or country the Director
determines to be relevant.
(2) The amount spent in such calendar year for ballistic
missile research and testing or other activities that the
Director determines are destabilizing to the Middle East
region.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 709. EXPANSION OF SCOPE OF COMMITTEE TO COUNTER ACTIVE MEASURES
AND REPORT ON ESTABLISHMENT OF FOREIGN MALIGN INFLUENCE
CENTER.
(a) Scope of Committee to Counter Active Measures.--
(1) In general.--Section 501 of the Intelligence
Authorization Act for Fiscal Year 2017 (Public Law 115-31; 50
U.S.C. 3001 note) is amended--
(A) in subsections (a) through (h)--
(i) by inserting ``, the People's Republic
of China, the Islamic Republic of Iran, the
Democratic People's Republic of Korea, or other
nation state'' after ``Russian Federation''
each place it appears; and
(ii) by inserting ``, China, Iran, North
Korea, or other nation state'' after ``Russia''
each place it appears; and
(B) in the section heading, by inserting ``, the
people's republic of china, the islamic republic of
iran, the democratic people's republic of korea, or
other nation state'' after ``russian federation''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by striking the item relating to
section 501 and inserting the following new item:
``Sec. 501. Committee to counter active measures by the Russian
Federation, the People's Republic of China,
the Islamic Republic of Iran, the
Democratic People's Republic of Korea, and
other nation states to exert covert
influence over peoples and governments.''.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in coordination with such elements of the
intelligence community as the Director considers relevant,
shall submit to the congressional intelligence committees a
report on the feasibility and advisability of establishing a
center, to be known as the ``Foreign Malign Influence Response
Center'', that--
(A) is comprised of analysts from all appropriate
elements of the intelligence community, including
elements with related diplomatic and law enforcement
functions;
(B) has access to all intelligence and other
reporting acquired by the United States Government on
foreign efforts to influence, through overt and covert
malign activities, United States political processes
and elections;
(C) provides comprehensive assessment, and
indications and warning, of such activities; and
(D) provides for enhanced dissemination of such
assessment to United States policy makers.
(2) Contents.--The Report required by paragraph (1) shall
include the following:
(A) A discussion of the desirability of the
establishment of such center and any barriers to such
establishment.
(B) Such recommendations and other matters as the
Director considers appropriate.
Subtitle B--Reports
SEC. 711. TECHNICAL CORRECTION TO INSPECTOR GENERAL STUDY.
Section 11001(d) of title 5, United States Code, is amended--
(1) in the subsection heading, by striking ``Audit'' and
inserting ``Review'';
(2) in paragraph (1), by striking ``audit'' and inserting
``review''; and
(3) in paragraph (2), by striking ``audit'' and inserting
``review''.
SEC. 712. REPORTS ON AUTHORITIES OF THE CHIEF INTELLIGENCE OFFICER OF
THE DEPARTMENT OF HOMELAND SECURITY.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(C) the Committee on Homeland Security of the House
of Representatives.
(2) Homeland security intelligence enterprise.--The term
``Homeland Security Intelligence Enterprise'' has the meaning
given such term in Department of Homeland Security Instruction
Number 264-01-001, or successor authority.
(b) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Under Secretary of Homeland Security for
Intelligence and Analysis, shall submit to the appropriate committees
of Congress a report on the authorities of the Under Secretary.
(c) Elements.--The report required by subsection (b) shall include
each of the following:
(1) An analysis of whether the Under Secretary has the
legal and policy authority necessary to organize and lead the
Homeland Security Intelligence Enterprise, with respect to
intelligence, and, if not, a description of--
(A) the obstacles to exercising the authorities of
the Chief Intelligence Officer of the Department and
the Homeland Security Intelligence Council, of which
the Chief Intelligence Officer is the chair; and
(B) the legal and policy changes necessary to
effectively coordinate, organize, and lead intelligence
activities of the Department of Homeland Security.
(2) A description of the actions that the Secretary has
taken to address the inability of the Under Secretary to
require components of the Department, other than the Office of
Intelligence and Analysis of the Department to--
(A) coordinate intelligence programs; and
(B) integrate and standardize intelligence products
produced by such other components.
SEC. 713. 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. 714. 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. 715. 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. 716. REPORT ON SURVEILLANCE BY FOREIGN GOVERNMENTS AGAINST UNITED
STATES TELECOMMUNICATIONS NETWORKS.
(a) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional intelligence committees.
(2) The Committee on the Judiciary and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(3) The Committee on the Judiciary and the Committee on
Homeland Security of the House of Representatives.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall, in
coordination with the Director of the Central Intelligence Agency, the
Director of the National Security Agency, the Director of the Federal
Bureau of Investigation, and the Secretary of Homeland Security, submit
to the appropriate congressional committees a report describing--
(1) any attempts known to the intelligence community by
foreign governments to exploit cybersecurity vulnerabilities in
United States telecommunications networks (including Signaling
System No. 7) to target for surveillance United States persons,
including employees of the Federal Government; and
(2) any actions, as of the date of the enactment of this
Act, taken by the intelligence community to protect agencies
and personnel of the United States Government from surveillance
conducted by foreign governments.
SEC. 717. BIENNIAL REPORT ON FOREIGN INVESTMENT RISKS.
(a) Intelligence Community Interagency Working Group.--
(1) Requirement to establish.--The Director of National
Intelligence shall establish an intelligence community
interagency working group to prepare the biennial reports
required by subsection (b).
(2) Chairperson.--The Director of National Intelligence
shall serve as the chairperson of such interagency working
group.
(3) Membership.--Such interagency working group shall be
composed of representatives of each element of the intelligence
community that the Director of National Intelligence determines
appropriate.
(b) Biennial Report on Foreign Investment Risks.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act and not less frequently than
once every 2 years thereafter, 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 foreign investment
risks prepared by the interagency working group established
under subsection (a).
(2) Elements.--Each report required by paragraph (1) shall
include identification, analysis, and explanation of the
following:
(A) Any current or projected major threats to the
national security of the United States with respect to
foreign investment.
(B) Any strategy used by a foreign country that
such interagency working group has identified to be a
country of special concern to use foreign investment to
target the acquisition of critical technologies,
critical materials, or critical infrastructure.
(C) Any economic espionage efforts directed at the
United States by a foreign country, particularly such a
country of special concern.
SEC. 718. MODIFICATION OF CERTAIN REPORTING REQUIREMENT ON TRAVEL OF
FOREIGN DIPLOMATS.
Section 502(d)(2) of the Intelligence Authorization Act for Fiscal
Year 2017 (Public Law 115-31) is amended by striking ``the number'' and
inserting ``a best estimate''.
SEC. 719. 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) 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) 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.
``(c) 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.
``(d) Form of Reports.--Each report submitted under this section
shall be submitted in unclassified form, but may have a classified
annex.''.
(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. 720. CONGRESSIONAL NOTIFICATION OF DESIGNATION OF COVERED
INTELLIGENCE OFFICER AS PERSONA NON GRATA.
(a) Covered Intelligence Officer Defined.--In this section, the
term ``covered intelligence officer'' means--
(1) a United States intelligence officer serving in a post
in a foreign country; or
(2) a known or suspected foreign intelligence officer
serving in a United States post.
(b) Requirement for Reports.--Not later than 72 hours after a
covered intelligence officer is designated as a persona non grata, the
Director of National Intelligence, in consultation with the Secretary
of State, shall submit to the congressional intelligence committees,
the Committee on Foreign Relations of the Senate, and the Committee on
Foreign Affairs of the House of Representatives a notification of that
designation. Each such notification shall include--
(1) the date of the designation;
(2) the basis for the designation; and
(3) a justification for the expulsion.
SEC. 721. REPORTS ON INTELLIGENCE COMMUNITY PARTICIPATION IN
VULNERABILITIES EQUITIES PROCESS OF FEDERAL GOVERNMENT.
(a) 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.
(b) 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.
(c) 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) Non-duplication.--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
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.
SEC. 722. INSPECTORS GENERAL REPORTS ON CLASSIFICATION.
(a) Reports Required.--Not later than October 1, 2019, each
Inspector General listed in subsection (b) shall submit to the
congressional intelligence committees a report that includes, with
respect to the department or agency of the Inspector General, analyses
of the following:
(1) The accuracy of the application of classification and
handling markers on a representative sample of finished
reports, including such reports that are compartmented.
(2) Compliance with declassification procedures.
(3) The effectiveness of processes for identifying topics
of public or historical importance that merit prioritization
for a declassification review.
(b) Inspectors General Listed.--The Inspectors General listed in
this subsection are as follows:
(1) The Inspector General of the Intelligence Community.
(2) The Inspector General of the Central Intelligence
Agency.
(3) The Inspector General of the National Security Agency.
(4) The Inspector General of the Defense Intelligence
Agency.
(5) The Inspector General of the National Reconnaissance
Office.
(6) The Inspector General of the National Geospatial-
Intelligence Agency.
SEC. 723. REPORTS ON GLOBAL WATER INSECURITY AND NATIONAL SECURITY
IMPLICATIONS AND BRIEFING ON EMERGING INFECTIOUS DISEASE
AND PANDEMICS.
(a) Reports on Global Water Insecurity and National Security
Implications.--
(1) Reports required.--Not later than 180 days after the
date of the enactment of this Act and not less frequently than
once every 5 years thereafter, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report on the implications of water insecurity on
the national security interest of the United States, including
consideration of social, economic, agricultural, and
environmental factors.
(2) Assessment scope and focus.--Each report submitted
under paragraph (1) shall include an assessment of water
insecurity described in such subsection with a global scope,
but focus on areas of the world--
(A) of strategic, economic, or humanitarian
interest to the United States--
(i) that are, as of the date of the report,
at the greatest risk of instability, conflict,
human insecurity, or mass displacement; or
(ii) where challenges relating to water
insecurity are likely to emerge and become
significant during the 5-year or the 20-year
period beginning on the date of the report; and
(B) where challenges relating to water insecurity
are likely to imperil the national security interests
of the United States or allies of the United States.
(3) Consultation.--In researching a report required by
paragraph (1), the Director shall consult with--
(A) such stakeholders within the intelligence
community, the Department of Defense, and the
Department of State as the Director considers
appropriate; and
(B) such additional Federal agencies and persons in
the private sector as the Director considers
appropriate.
(4) Form.--Each report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(b) Briefing on Emerging Infectious Disease and Pandemics.--
(1) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Affairs, the Committee
on Armed Services, and the Committee on Appropriations
of the House of Representatives; and
(C) the Committee on Foreign Relations, the
Committee on Armed Services, and the Committee on
Appropriations of the Senate.
(2) Briefing.--Not later than 120 days after the date of
the enactment of this Act, the Director of National
Intelligence shall provide to the appropriate congressional
committees a briefing on the anticipated geopolitical effects
of emerging infectious disease (including deliberate,
accidental, and naturally occurring infectious disease threats)
and pandemics, and their implications on the national security
of the United States.
(3) Content.--The briefing under paragraph (2) shall
include an assessment of--
(A) the economic, social, political, and security
risks, costs, and impacts of emerging infectious
diseases on the United States and the international
political and economic system;
(B) the economic, social, political, and security
risks, costs, and impacts of a major transnational
pandemic on the United States and the international
political and economic system; and
(C) contributing trends and factors to the matters
assessed under subparagraphs (A) and (B).
(4) Examination of response capacity.--In examining the
risks, costs, and impacts of emerging infectious disease and a
possible transnational pandemic under paragraph (3), the
Director of National Intelligence shall also examine in the
briefing under paragraph (2) the response capacity within
affected countries and the international system. In considering
response capacity, the Director shall include--
(A) the ability of affected nations to effectively
detect and manage emerging infectious diseases and a
possible transnational pandemic;
(B) the role and capacity of international
organizations and nongovernmental organizations to
respond to emerging infectious disease and a possible
pandemic, and their ability to coordinate with affected
and donor nations; and
(C) the effectiveness of current international
frameworks, agreements, and health systems to respond
to emerging infectious diseases and a possible
transnational pandemic.
(5) Form.--The briefing under paragraph (2) may be
classified.
SEC. 724. ANNUAL REPORT ON MEMORANDA OF UNDERSTANDING BETWEEN ELEMENTS
OF INTELLIGENCE COMMUNITY AND OTHER ENTITIES OF THE
UNITED STATES GOVERNMENT REGARDING SIGNIFICANT
OPERATIONAL ACTIVITIES OR POLICY.
Section 311 of the Intelligence Authorization Act for Fiscal Year
2017 (50 U.S.C. 3313) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by striking subsection (a) and inserting the following:
``(a) In General.--Each year, concurrent with the annual budget
request submitted by the President to Congress under section 1105 of
title 31, United States Code, each head of an element of the
intelligence community shall submit to the congressional intelligence
committees a report that lists each memorandum of understanding or
other agreement regarding significant operational activities or policy
entered into during the most recently completed fiscal year between or
among such element and any other entity of the United States
Government.
``(b) Provision of Documents.--Each head of an element of an
intelligence community who receives a request from the Select Committee
on Intelligence of the Senate or the Permanent Select Committee on
Intelligence of the House of Representatives for a copy of a memorandum
of understanding or other document listed in a report submitted by the
head under subsection (a) shall submit to such committee the requested
copy as soon as practicable after receiving such request.''.
SEC. 725. STUDY ON THE FEASIBILITY OF ENCRYPTING UNCLASSIFIED WIRELINE
AND WIRELESS TELEPHONE CALLS.
(a) Study Required.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
complete a study on the feasibility of encrypting unclassified wireline
and wireless telephone calls between personnel in the intelligence
community.
(b) Report.--Not later than 90 days after the date on which the
Director completes the study required by subsection (a), the Director
shall submit to the congressional intelligence committees a report on
the Director's findings with respect to such study.
SEC. 726. MODIFICATION OF REQUIREMENT FOR ANNUAL REPORT ON HIRING AND
RETENTION OF MINORITY EMPLOYEES.
(a) Expansion of Period of Report.--Subsection (a) of section 114
of the National Security Act of 1947 (50 U.S.C. 3050) is amended by
inserting ``and the preceding 5 fiscal years'' after ``fiscal year''.
(b) Clarification on Disaggregation of Data.--Subsection (b) of
such section is amended, in the matter before paragraph (1), by
striking ``disaggregated data by category of covered person from each
element of the intelligence community'' and inserting ``data,
disaggregated by category of covered person and by element of the
intelligence community,''.
SEC. 727. 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) Covered programs defined.--In this subsection, the term
``covered programs'' means any loan repayment program, loan
forgiveness program, financial counseling program, or similar
program, 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.
(2) Annual reports required.--Not less frequently than once
each year, the Director of National Intelligence shall 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.
SEC. 728. 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) 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).
(c) Inspector General Report.--Section 8H of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended--
(1) by striking subsection (g); and
(2) by redesignating subsections (h) and (i) as subsections
(g) and (h), respectively.
SEC. 729. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY REPORT ON
SENIOR EXECUTIVES OF THE OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE.
(a) 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.
(b) Report.--Not later than 90 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 report on the
number of Senior Executive Service positions in the Office of the
Director of National Intelligence.
(c) Matters Included.--The report under subsection (b) 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 number of the Senior Executive
Service positions in the Office compare to the number of senior
positions at comparable organizations.
(d) Cooperation.--The Director of National Intelligence shall
provide to the Inspector General of the Intelligence Community any
information requested by the Inspector General of the Intelligence
Community that is necessary to carry out this section by not later than
14 calendar days after the date on which the Inspector General of the
Intelligence Community makes such request.
SEC. 730. BRIEFING ON FEDERAL BUREAU OF INVESTIGATION 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. 731. INTELLIGENCE ASSESSMENT OF NORTH KOREA REVENUE SOURCES.
(a) Assessment Required.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence, in
coordination with the Assistant Secretary of State for Intelligence and
Research and the Assistant Secretary of the Treasury for Intelligence
and Analysis, shall produce an intelligence assessment of the revenue
sources of the North Korean regime. Such assessment shall include
revenue from the following sources:
(1) Trade in coal, iron, and iron ore.
(2) The provision of fishing rights to North Korean
territorial waters.
(3) Trade in gold, titanium ore, vanadium ore, copper,
silver, nickel, zinc, or rare earth minerals, and other stores
of value.
(4) Trade in textiles.
(5) Sales of conventional defense articles and services.
(6) Sales of controlled goods, ballistic missiles, and
other associated items.
(7) Other types of manufacturing for export, as the
Director of National Intelligence considers appropriate.
(8) The exportation of workers from North Korea in a manner
intended to generate significant revenue, directly or
indirectly, for use by the government of North Korea.
(9) The provision of nonhumanitarian goods (such as food,
medicine, and medical devices) and services by other countries.
(10) The provision of services, including banking and other
support, including by entities located in the Russian
Federation, China, and Iran.
(11) Online commercial activities of the Government of
North Korea, including online gambling.
(12) Criminal activities, including cyber-enabled crime and
counterfeit goods.
(b) Elements.--The assessment required under subsection (a) shall
include an identification of each of the following:
(1) The sources of North Korea's funding.
(2) Financial and non-financial networks, including supply
chain management, transportation, and facilitation, through
which North Korea accesses the United States and international
financial systems and repatriates and exports capital, goods,
and services; and
(3) the global financial institutions, money services
business, and payment systems that assist North Korea with
financial transactions.
(c) Submittal to Congress.--Upon completion of the assessment
required under subsection (a), the Director of National Intelligence
shall submit to the congressional intelligence committees a copy of
such assessment.
SEC. 732. REPORT ON POSSIBLE EXPLOITATION OF VIRTUAL CURRENCIES BY
TERRORIST ACTORS.
(a) Short Title.--This section may be cited as the ``Stop Terrorist
Use of Virtual Currencies Act''.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Director of National Intelligence, in consultation
with the Secretary of the Treasury, shall submit to Congress a report
on the possible exploitation of virtual currencies by terrorist actors.
Such report shall include the following elements:
(1) An assessment of the means and methods by which
international terrorist organizations and State sponsors of
terrorism use virtual currencies.
(2) An assessment of the use by terrorist organizations and
State sponsors of terrorism of virtual currencies compared to
the use by such organizations and States of other forms of
financing to support operations, including an assessment of the
collection posture of the intelligence community on the use of
virtual currencies by such organizations and States.
(3) A description of any existing legal impediments that
inhibit or prevent the intelligence community from collecting
information on or helping prevent the use of virtual currencies
by international terrorist organizations and State sponsors of
terrorism and an identification of any gaps in existing law
that could be exploited for illicit funding by such
organizations and States.
(c) Form of Report.--The report required by subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
Subtitle C--Other Matters
SEC. 741. 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
``December 31, 2018'' and inserting ``December 31, 2028''.
SEC. 742. SECURING ENERGY INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and
Governmental Affairs and the Committee on Energy and
Natural Resources of the Senate; and
(C) the Committee on Homeland Security and the
Committee on Energy and Commerce of the House of
Representatives.
(2) Covered entity.--The term ``covered entity'' means an
entity identified pursuant to section 9(a) of Executive Order
13636 of February 12, 2013 (78 Fed. Reg. 11742), relating to
identification of critical infrastructure where a cybersecurity
incident could reasonably result in catastrophic regional or
national effects on public health or safety, economic security,
or national security.
(3) Exploit.--The term ``exploit'' means a software tool
designed to take advantage of a security vulnerability.
(4) Industrial control system.--The term ``industrial
control system'' means an operational technology used to
measure, control, or manage industrial functions, and includes
supervisory control and data acquisition systems, distributed
control systems, and programmable logic or embedded
controllers.
(5) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(6) Program.--The term ``Program'' means the pilot program
established under subsection (b).
(7) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of Energy.
(8) Security vulnerability.--The term ``security
vulnerability'' means any attribute of hardware, software,
process, or procedure that could enable or facilitate the
defeat of a security control.
(b) Pilot Program for Securing Energy Infrastructure.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary shall establish a 2-year control systems implementation pilot
program within the National Laboratories for the purposes of--
(1) partnering with covered entities in the energy sector
(including critical component manufacturers in the supply
chain) that voluntarily participate in the Program to identify
new classes of security vulnerabilities of the covered
entities; and
(2) evaluating technology and standards, in partnership
with covered entities, to isolate and defend industrial control
systems of covered entities from security vulnerabilities and
exploits in the most critical systems of the covered entities,
including--
(A) analog and nondigital control systems;
(B) purpose-built control systems; and
(C) physical controls.
(c) Working Group to Evaluate Program Standards and Develop
Strategy.--
(1) Establishment.--The Secretary shall establish a working
group--
(A) to evaluate the technology and standards used
in the Program under subsection (b)(2); and
(B) to develop a national cyber-informed
engineering strategy to isolate and defend covered
entities from security vulnerabilities and exploits in
the most critical systems of the covered entities.
(2) Membership.--The working group established under
paragraph (1) shall be composed of not fewer than 10 members,
to be appointed by the Secretary, at least 1 member of which
shall represent each of the following:
(A) The Department of Energy.
(B) The energy industry, including electric
utilities and manufacturers recommended by the Energy
Sector coordinating councils.
(C)(i) The Department of Homeland Security; or
(ii) the Industrial Control Systems Cyber Emergency
Response Team.
(D) The North American Electric Reliability
Corporation.
(E) The Nuclear Regulatory Commission.
(F)(i) The Office of the Director of National
Intelligence; or
(ii) the intelligence community (as defined in
section 3 of the National Security Act of 1947 (50
U.S.C. 3003)).
(G)(i) The Department of Defense; or
(ii) the Assistant Secretary of Defense for
Homeland Security and America's Security Affairs.
(H) A State or regional energy agency.
(I) A national research body or academic
institution.
(J) The National Laboratories.
(d) Reports on the Program.--
(1) Interim report.--Not later than 180 days after the date
on which funds are first disbursed under the Program, the
Secretary shall submit to the appropriate congressional
committees an interim report that--
(A) describes the results of the Program;
(B) includes an analysis of the feasibility of each
method studied under the Program; and
(C) describes the results of the evaluations
conducted by the working group established under
subsection (c)(1).
(2) Final report.--Not later than 2 years after the date on
which funds are first disbursed under the Program, the
Secretary shall submit to the appropriate congressional
committees a final report that--
(A) describes the results of the Program;
(B) includes an analysis of the feasibility of each
method studied under the Program; and
(C) describes the results of the evaluations
conducted by the working group established under
subsection (c)(1).
(e) Exemption From Disclosure.--Information shared by or with the
Federal Government or a State, Tribal, or local government under this
section--
(1) shall be deemed to be voluntarily shared information;
(2) shall be exempt from disclosure under section 552 of
title 5, United States Code, or any provision of any State,
Tribal, or local freedom of information law, open government
law, open meetings law, open records law, sunshine law, or
similar law requiring the disclosure of information or records;
and
(3) shall be withheld from the public, without discretion,
under section 552(b)(3) of title 5, United States Code, and any
provision of any State, Tribal, or local law requiring the
disclosure of information or records.
(f) Protection From Liability.--
(1) In general.--A cause of action against a covered entity
for engaging in the voluntary activities authorized under
subsection (b)--
(A) shall not lie or be maintained in any court;
and
(B) shall be promptly dismissed by the applicable
court.
(2) Voluntary activities.--Nothing in this section subjects
any covered entity to liability for not engaging in the
voluntary activities authorized under subsection (b).
(g) No New Regulatory Authority for Federal Agencies.--Nothing in
this section authorizes the Secretary or the head of any other
department or agency of the Federal Government to issue new
regulations.
(h) Authorization of Appropriations.--
(1) Pilot program.--There is authorized to be appropriated
$10,000,000 to carry out subsection (b).
(2) Working group and report.--There is authorized to be
appropriated $1,500,000 to carry out subsections (c) and (d).
(3) Availability.--Amounts made available under paragraphs
(1) and (2) shall remain available until expended.
SEC. 743. BUG BOUNTY PROGRAMS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services and the
Committee on Homeland Security and Governmental Affairs
of the Senate; and
(C) the Committee on Armed Services and the
Committee on Homeland Security of the House of
Representatives.
(2) Bug bounty program.--The term ``bug bounty program''
means a program under which an approved computer security
specialist or security researcher is temporarily authorized to
identify and report vulnerabilities within the information
system of an agency or department of the United States in
exchange for compensation.
(3) Information system.--The term ``information system''
has the meaning given that term in section 3502 of title 44,
United States Code.
(b) Bug Bounty Program Plan.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security,
in consultation with the Secretary of Defense, shall submit to
appropriate committees of Congress a strategic plan for
appropriate agencies and departments of the United States to
implement bug bounty programs.
(2) Contents.--The plan required by paragraph (1) shall
include--
(A) an assessment of--
(i) the ``Hack the Pentagon'' pilot program
carried out by the Department of Defense in
2016 and subsequent bug bounty programs in
identifying and reporting vulnerabilities
within the information systems of the
Department of Defense; and
(ii) private sector bug bounty programs,
including such programs implemented by leading
technology companies in the United States; and
(B) recommendations on the feasibility of
initiating bug bounty programs at appropriate agencies
and departments of the United States.
SEC. 744. MODIFICATION OF AUTHORITIES RELATING TO THE NATIONAL
INTELLIGENCE UNIVERSITY.
(a) Civilian Faculty Members; Employment and Compensation.--
(1) In general.--Section 1595(c) of title 10, United States
Code, is amended by adding at the end the following:
``(5) The National Intelligence University.''.
(2) Compensation plan.--The Secretary of Defense shall
provide each person employed as a full-time professor,
instructor, or lecturer at the National Intelligence University
on the date of the enactment of this Act an opportunity to
elect to be paid under the compensation plan in effect on the
day before the date of the enactment of this Act (with no
reduction in pay) or under the authority of section 1595 of
title 10, United States Code, as amended by paragraph (1).
(b) Acceptance of Faculty Research Grants.--Section 2161 of such
title is amended by adding at the end the following:
``(d) Acceptance of Faculty Research Grants.--The Secretary of
Defense may authorize the President of the National Intelligence
University to accept qualifying research grants in the same manner and
to the same degree as the President of the National Defense University
under section 2165(e) of this title.''.
(c) Pilot Program on Admission of Private Sector Civilians to
Receive Instruction.--
(1) Pilot program required.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of
Defense shall commence carrying out a pilot program to
assess the feasability and advisability of permitting
eligible private sector employees who work in
organizations relevant to national security to receive
instruction at the National Intelligence University.
(B) Duration.--The Secretary shall carry out the
pilot program during the 3-year period beginning on the
date of the commencement of the pilot program.
(C) Existing program.--The Secretary shall carry
out the pilot program in a manner that is consistent
with section 2167 of title 10, United States Code.
(D) Number of participants.--No more than the
equivalent of 35 full-time student positions may be
filled at any one time by private sector employees
enrolled under the pilot program.
(E) Diplomas and degrees.--Upon successful
completion of the course of instruction in which
enrolled, any such private sector employee may be
awarded an appropriate diploma or degree under section
2161 of title 10, United States Code.
(2) Eligible private sector employees.--
(A) In general.--For purposes of this subsection,
an eligible private sector employee is an individual
employed by a private firm that is engaged in providing
to the Department of Defense, the intelligence
community, or other Government departments or agencies
significant and substantial intelligence or defense-
related systems, products, or services or whose work
product is relevant to national security policy or
strategy.
(B) Limitation.--Under this subsection, a private
sector employee admitted for instruction at the
National Intelligence University remains eligible for
such instruction only so long as that person remains
employed by the same firm, holds appropriate security
clearances, and complies with any other applicable
security protocols.
(3) Annual certification by secretary of defense.--Under
the pilot program, private sector employees may receive
instruction at the National Intelligence University during any
academic year only if, before the start of that academic year,
the Secretary of Defense determines, and certifies to the
Committee on Armed Services of the Senate and the Committee on
Armed Services of the House of Representatives, that providing
instruction to private sector employees under this section
during that year will further the national security interests
of the United States.
(4) Pilot program requirements.--The Secretary of Defense
shall ensure that--
(A) the curriculum in which private sector
employees may be enrolled under the pilot program is
not readily available through other schools and
concentrates on national security-relevant issues; and
(B) the course offerings at the National
Intelligence University are determined by the needs of
the Department of Defense and the intelligence
community.
(5) Tuition.--The President of the National Intelligence
University shall charge students enrolled under the pilot
program a rate that--
(A) is at least the rate charged for employees of
the United States outside the Department of Defense,
less infrastructure costs; and
(B) considers the value to the school and course of
the private sector student.
(6) Standards of conduct.--While receiving instruction at
the National Intelligence University, students enrolled under
the pilot program, to the extent practicable, are subject to
the same regulations governing academic performance,
attendance, norms of behavior, and enrollment as apply to
Government civilian employees receiving instruction at the
university.
(7) Use of funds.--
(A) In general.--Amounts received by the National
Intelligence University for instruction of students
enrolled under the pilot program shall be retained by
the university to defray the costs of such instruction.
(B) Records.--The source, and the disposition, of
such funds shall be specifically identified in records
of the university.
(8) Reports.--
(A) Annual reports.--Each academic year in which
the pilot program is carried out, the Secretary shall
submit to the congressional intelligence committees,
the Committee on Armed Services of the Senate, and the
Committee on Armed Services of the House of
Representatives a report on the number of eligible
private sector employees participating in the pilot
program.
(B) Final report.--Not later than 90 days after the
date of the conclusion of the pilot program, the
Secretary shall submit to the congressional
intelligence committees, the Committee on Armed
Services of the Senate, and the Committee on Armed
Services of the House of Representatives a report on
the findings of the Secretary with respect to the pilot
program. Such report shall include--
(i) the findings of the Secretary with
respect to the feasability and advisability of
permitting eligible private sector employees
who work in organizations relevant to national
security to receive instruction at the National
Intelligence University; and
(ii) a recommendation as to whether the
pilot program should be extended.
SEC. 745. 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.
SEC. 746. 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.
SEC. 747. SENSE OF CONGRESS ON NOTIFICATION OF CERTAIN DISCLOSURES OF
CLASSIFIED INFORMATION.
(a) 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).
(b) 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.''.
(c) 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, obligates 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.
SEC. 748. SENSE OF CONGRESS ON CONSIDERATION OF ESPIONAGE ACTIVITIES
WHEN CONSIDERING WHETHER OR NOT TO PROVIDE VISAS TO
FOREIGN INDIVIDUALS TO BE ACCREDITED TO A UNITED NATIONS
MISSION IN THE UNITED STATES.
It is the sense of the Congress that the Secretary of State, in
considering whether or not to provide a visa to a foreign individual to
be accredited to a United Nations mission in the United States, should
consider--
(1) known and suspected intelligence activities, espionage
activities, including activities constituting precursors to
espionage, carried out by the individual against the United
States, foreign allies of the United States, or foreign
partners of the United States; and
(2) the status of an individual as a known or suspected
intelligence officer for a foreign adversary.
SEC. 749. SENSE OF CONGRESS ON WIKILEAKS.
It is the sense of Congress that WikiLeaks and the senior
leadership of WikiLeaks resemble a nonstate hostile intelligence
service often abetted by state actors and should be treated as such a
service by the United States.
Calendar No. 97
116th CONGRESS
1st Session
S. 1589
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A BILL
To authorize appropriations for fiscal years 2018, 2019, and 2020 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.
_______________________________________________________________________
May 22, 2019
Read twice and placed on the calendar
