[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1761 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 207
115th CONGRESS
1st Session
S. 1761
To authorize appropriations for fiscal year 2018 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
August 18, 2017
Mr. Burr, from the Select Committee on Intelligence of the Senate,
reported, under authority of the order of the Senate of August 3, 2017,
the following original bill; which was read twice and placed on the
calendar
_______________________________________________________________________
A BILL
To authorize appropriations for fiscal year 2018 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
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. Director of National Intelligence review of placement of
positions within the intelligence community
on the Executive Schedule.
Sec. 305. Modification of appointment of Chief Information Officer of
the Intelligence Community.
Sec. 306. Supply Chain and Counterintelligence Risk Management Task
Force.
Sec. 307. Inspector General of the Intelligence Community auditing
authority.
Sec. 308. Inspectors General studies on classification.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Authority for the protection of current and former employees
of the Office of the Director of National
Intelligence.
Sec. 402. Information sharing with State election officials.
Sec. 403. Technical modification to the Executive Schedule.
Sec. 404. Modification to the designation of the program manager-
information sharing environment.
Subtitle B--Central Intelligence Agency
Sec. 411. Repeal of foreign language proficiency requirement for
certain senior level positions in the
Central Intelligence Agency.
Subtitle C--Other Elements
Sec. 421. Designation of the Counterintelligence Directorate of the
Defense Security Service as an element of
the intelligence community.
TITLE V--SECURING ENERGY INFRASTRUCTURE
Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Pilot program for securing energy infrastructure.
Sec. 504. Working group to evaluate program standards and develop
strategy.
Sec. 505. Reports on the Program.
Sec. 506. No new regulatory authority for Federal agencies.
Sec. 507. Exemption from disclosure.
Sec. 508. Protection from liability.
Sec. 509. Authorization of appropriations.
TITLE VI--REPORTS AND OTHER MATTERS
Sec. 601. Technical correction to Inspector General study.
Sec. 602. Governance for security clearance, suitability and fitness
for employment, and credentialing.
Sec. 603. Process for security clearances.
Sec. 604. Reports on the vulnerabilities equities policy and process of
the Federal Government.
Sec. 605. Bug bounty programs.
Sec. 606. Report on cyber attacks by foreign governments against United
States election infrastructure.
Sec. 607. Review of intelligence community's posture to collect against
and analyze Russian efforts to influence
the presidential election.
Sec. 608. Assessment of foreign intelligence threats to Federal
elections.
Sec. 609. Strategy for countering Russian cyber threats to United
States elections.
Sec. 610. Limitation relating to establishment or support of cyber
security unit with the Government of
Russia.
Sec. 611. Report on returning Russian compounds.
Sec. 612. Intelligence community assessment on threat of Russian money
laundering to the United States.
Sec. 613. Notification of an active measures campaign.
Sec. 614. Notification of travel by accredited diplomatic and consular
personnel of the Russian Federation in the
United States.
Sec. 615. Modification of certain reporting requirement on travel of
foreign diplomats.
Sec. 616. Semiannual report on referrals to Department of Justice by
elements of the intelligence community
regarding unauthorized disclosure of
classified information.
Sec. 617. Notifications of designation of an intelligence officer as a
persona non grata.
Sec. 618. Biennial report on foreign investment risks.
Sec. 619. Report on surveillance by foreign governments against United
States telecommunications networks.
Sec. 620. Reports on authorities of the Chief Intelligence Officer of
the Department of Homeland Security.
Sec. 621. Report on geospatial commercial activities for basic and
applied research and development.
Sec. 622. Technical amendments related to the Department of Energy.
Sec. 623. Sense of Congress on WikiLeaks.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the
Senate; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2018
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be
appropriated under section 101 and, subject to section 103, the
authorized personnel ceilings as of September 30, 2018, for the conduct
of the intelligence activities of the elements listed in paragraphs (1)
through (16) of section 101, are those specified in the classified
Schedule of Authorizations prepared to accompany this Act.
(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 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. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Increases.--The Director of National Intelligence
may authorize employment of civilian personnel in excess of the number
authorized for fiscal year 2018 by the classified Schedule of
Authorizations referred to in section 102(a) if the Director of
National Intelligence determines that such action is necessary to the
performance of important intelligence functions, except that the number
of personnel employed in excess of the number authorized under such
section may not, for any element of the intelligence community,
exceed--
(1) 3 percent of the number of civilian personnel
authorized under such schedule for such element; or
(2) 10 percent of the number of civilian personnel
authorized under such schedule for such element for the
purposes of converting the performance of any function by
contractors to performance by civilian personnel.
(b) Treatment of Certain Personnel.--The Director of National
Intelligence shall establish guidelines that govern, for each element
of the intelligence community, the treatment under the personnel levels
authorized under section 102(a), including any exemption from such
personnel levels, of employment or assignment in--
(1) a student program, trainee program, or similar program;
(2) a reserve corps or as a reemployed annuitant; or
(3) details, joint duty, or long-term, full-time training.
(c) Notice to Congressional Intelligence Committees.--Not later
than 15 days prior to the exercise of an authority described in
subsection (a), the Director of National Intelligence shall submit to
the congressional intelligence committees--
(1) a written notice of the exercise of such authority; and
(2) in the case of an exercise of such authority subject to
the limitation in subsection (a)(2), a written justification
for the contractor conversion that includes a comparison of
whole of government costs.
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2018 the sum of
$550,200,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for advanced
research and development shall remain available until September 30,
2019.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 797 positions as of September 30, 2018.
Personnel serving in such elements may be permanent employees of the
Office of the Director of National Intelligence or personnel detailed
from other elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
authorized to be appropriated for the Intelligence Community
Management Account for fiscal year 2018 such additional amounts
as are specified in the classified Schedule of Authorizations
referred to in section 102(a). Such additional amounts made
available for advanced research and development shall remain
available until September 30, 2019.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2018, there are authorized such additional personnel for the
Community Management Account as of that date as are specified
in the classified Schedule of Authorizations referred to in
section 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 for fiscal year 2018 the sum of
$514,000,000.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act shall not be deemed
to constitute authority for the conduct of any intelligence activity
which is not otherwise authorized by the Constitution or the laws of
the United States.
SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this Act for salary, pay, retirement,
and other benefits for Federal employees may be increased by such
additional or supplemental amounts as may be necessary for increases in
such compensation or benefits authorized by law.
SEC. 303. MODIFICATION OF SPECIAL PAY AUTHORITY FOR SCIENCE,
TECHNOLOGY, ENGINEERING, OR MATHEMATICS POSITIONS AND
ADDITION OF SPECIAL PAY AUTHORITY FOR CYBER POSITIONS.
(a) In General.--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 (STEM)--
``(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 striking subsection (f);
(3) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively;
(4) 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)
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).''; and
(5) in subsection (c), as redesignated by paragraph (3), by
striking ``A minimum'' and inserting ``Except as provided in
subsection (b), a minimum''.
(b) Special Rates for Cyber Employees Under Title 5.--Section 5305
of title 5, United States Code, is amended--
(1) in subsection (g)(1), by striking ``subsection (h)''
and inserting ``subsections (h) and (k)''; and
(2) by adding at the end the following subsections:
``(k)(1) Notwithstanding the rate limitations set forth in
subsections (a)(1) and (g)(2), the Office of Personnel Management may
establish under this section a rate of pay that does not exceed the
rate of basic pay payable for level II of the Executive Schedule under
section 5313 for employees in positions that perform functions that
execute a cyber mission and who are certified to have specified skills
and competencies.
``(2) Payments under subsection (g)(1) may not be made to an
employee receiving a rate of pay established under this section and
described in paragraph (1) of this subsection if, or to the extent
that, when added to basic pay otherwise payable, such payments would
cause the total to exceed the rate of basic pay payable for level II of
the Executive Schedule under section 5313.
``(l) An employee who is subject to a reduction or termination of a
special rate of pay established under this section due to not
maintaining a required skill or competency certification, or due to not
obtaining a revised skill or competency certification, shall not be
entitled to pay retention under section 5363 based on any resulting
reduction in pay.''.
SEC. 304. DIRECTOR OF NATIONAL INTELLIGENCE REVIEW OF PLACEMENT OF
POSITIONS WITHIN THE INTELLIGENCE COMMUNITY ON THE
EXECUTIVE SCHEDULE.
The Director of National Intelligence 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 shall determine--
(1) which positions should or should not be on the
Executive Schedule; and
(2) for those positions that should be on the Executive
Schedule, the level of the Executive Schedule at which such
positions should be placed.
SEC. 305. 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. 306. SUPPLY CHAIN AND COUNTERINTELLIGENCE RISK MANAGEMENT TASK
FORCE.
(a) 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
Government of the United States with respect to the supply chain and
counterintelligence risks.
(b) Members.--The Supply Chain and Counterintelligence Risk
Management Task Force shall be composed of--
(1) a representative of the Defense Security Service;
(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; and
(4) any other members the Director of National Intelligence
determines appropriate.
(c) Security Clearances.--Each member of the Supply Chain and
Counterintelligence Risk Management Task Force shall have a security
clearance at the Top Secret and Sensitive Compartmented Information
level.
(d) Annual Report.--The Supply Chain and Counterintelligence Risk
Management Task Force shall submit to the congressional intelligence
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 Government of the United States by the intelligence
community.
SEC. 307. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY AUDITING
AUTHORITY.
Section 103H(j)(2)(A) of the National Security Act of 1947 (50
U.S.C. 3033(j)(2)(A)) is amended--
(1) by striking ``law and the policies of the Director of
National Intelligence,'' and inserting ``law,''; and
(2) by striking ``General.'' and inserting ``General and is
authorized to obtain the temporary or intermittent services of
experts or consultants or an organization thereof.''.
SEC. 308. INSPECTORS GENERAL STUDIES ON CLASSIFICATION.
(a) Requirement for Study.--Not later than October 1, 2019, each
Inspector General listed in subsection (b) shall carry out and submit
to the congressional intelligence committees a report on the following:
(1) A study of the application of classification and
handling markers on a representative sample of finished
reports, including compartments.
(2) A study analyzing compliance with declassification
procedures.
(3) A study on reviewing processes for identifying topics
of public or historical importance that merit prioritization
for a declassification review.
(b) Inspectors General.--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.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. AUTHORITY FOR THE 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. INFORMATION SHARING WITH STATE ELECTION OFFICIALS.
(a) 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 sponsor a security clearance up to the top
secret level for each eligible chief election official of a
State or the District of Columbia, and up to one eligible
designee of such an election official, at the time that he or
she assumes such position.
(2) Determination of levels.--
(A) In general.--The Director shall determine the
level of clearances for the positions described in
paragraph (1).
(B) Interim clearances.--The Director 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 one designee of such
official under such paragraph.
(b) Information Sharing.--
(1) In general.--The Director shall share 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 (a).
(2) Reports.--The Director shall transmit reports on such
information sharing to the respective affected Secretary of
State or States.
(c) 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.
SEC. 403. TECHNICAL MODIFICATION TO THE EXECUTIVE SCHEDULE.
Section 5313 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. MODIFICATION TO THE 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) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C. 485(f)) is amended by
striking ``The individual designated as the program manager shall serve
as program manager until removed from service or replaced by the
President (at the President's sole discretion).'' and inserting
``Beginning on the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2018, each individual designated as
the program manager shall be appointed by the Director of National
Intelligence.''.
Subtitle B--Central Intelligence Agency
SEC. 411. 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--Other Elements
SEC. 421. DESIGNATION OF THE COUNTERINTELLIGENCE DIRECTORATE OF THE
DEFENSE SECURITY SERVICE AS AN ELEMENT OF THE
INTELLIGENCE COMMUNITY.
(a) Designation.--Paragraph (4) of section 3 of the National
Security Act of 1947 (50 U.S.C. 3003(4)) is amended--
(1) by redesignating subparagraphs (H) through (L) as
subparagraphs (I) through (M), respectively; and
(2) by inserting after subparagraph (G) the following:
``(H) The Counterintelligence Directorate of the
Defense Security Service of the Department of
Defense.''.
(b) Application of Laws, Regulations, Rules, and Policies.--
Beginning on the date of the enactment of this Act, any law,
regulation, rule, or policy that applies to the elements of the
intelligence community, as defined in section 3 of the National
Security Act of 1947 (50 U.S.C. 3303), shall apply to the
Counterintelligence Directorate of the Defense Security Service of the
Department of Defense.
TITLE V--SECURING ENERGY INFRASTRUCTURE
SEC. 501. SHORT TITLE.
This title may be cited as the ``Securing Energy Infrastructure Act
of 2017''.
SEC. 502. DEFINITIONS.
In this title:
(1) 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.
(2) Director.--Except as otherwise specifically provided,
the term ``Director'' means the Director of Intelligence and
Counterintelligence of the Department of Energy.
(3) Exploit.--The term ``exploit'' means a software tool
designed to take advantage of a security vulnerability.
(4) Industrial control system.--
(A) In general.--The term ``industrial control
system'' means an operational technology used to
measure, control, or manage industrial functions.
(B) Inclusions.--The term ``industrial control
system'' 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 section 503.
(7) 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.
SEC. 503. PILOT PROGRAM FOR SECURING ENERGY INFRASTRUCTURE.
Not later than 180 days after the date of enactment of this title,
the Director 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) researching, developing, testing, and implementing
technology platforms 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.
SEC. 504. WORKING GROUP TO EVALUATE PROGRAM STANDARDS AND DEVELOP
STRATEGY.
(a) Establishment.--The Director shall establish a working group--
(1) to evaluate the technology platforms and standards used
in the Program under section 503(2); and
(2) 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.
(b) Membership.--The working group established under subsection (a)
shall be composed of not fewer than 10 members, to be appointed by the
Director, at least 1 member of which shall represent each of the
following:
(1) The Department of Energy.
(2) The energy industry, including electric utilities and
manufacturers recommended by the Energy Sector coordinating
councils.
(3)(A) The Department of Homeland Security; or
(B) the Industrial Control Systems Cyber Emergency Response
Team.
(4) The North American Electric Reliability Corporation.
(5) The Nuclear Regulatory Commission.
(6)(A) The Office of the Director of National Intelligence;
or
(B) the intelligence community (as defined in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003)).
(7)(A) The Department of Defense; or
(B) the Assistant Secretary of Defense for Homeland
Security and America's Security Affairs.
(8) A State or regional energy agency.
(9) A national research body or academic institution.
(10) The National Laboratories.
SEC. 505. REPORTS ON THE PROGRAM.
(a) Interim Report.--Not later than 180 days after the date on
which funds are first disbursed under the Program, the Director shall
submit to the appropriate committees of Congress an interim report
that--
(1) describes the results of the Program;
(2) includes an analysis of the feasibility of each method
studied under the Program; and
(3) describes the results of the evaluations conducted by
the working group established under section 504(a).
(b) Final Report.--Not later than 2 years after the date on which
funds are first disbursed under the Program, the Director shall submit
to the appropriate committees of Congress a final report that--
(1) describes the results of the Program;
(2) includes an analysis of the feasibility of each method
studied under the Program; and
(3) describes the results of the evaluations conducted by
the working group established under section 504(a).
(c) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Energy and Natural Resources of the
Senate; and
(3) the Committee on Energy and Commerce of the House of
Representatives.
SEC. 506. NO NEW REGULATORY AUTHORITY FOR FEDERAL AGENCIES.
Nothing in this title authorizes the Director or the head of any
other Federal agency to issue new regulations.
SEC. 507. EXEMPTION FROM DISCLOSURE.
Information shared by or with the Federal Government or a State,
tribal, or local government under this title shall be--
(1) deemed to be voluntarily shared information; and
(2) exempt from disclosure under any provision of Federal,
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.
SEC. 508. PROTECTION FROM LIABILITY.
(a) In General.--A cause of action against a covered entity for
engaging in the voluntary activities authorized under section 503--
(1) shall not lie or be maintained in any court; and
(2) shall be promptly dismissed by the applicable court.
(b) Voluntary Activities.--Nothing in this title subjects any
covered entity to liability for not engaging in the voluntary
activities authorized under section 503.
SEC. 509. AUTHORIZATION OF APPROPRIATIONS.
(a) Pilot Program.--There is authorized to be appropriated
$10,000,000 to carry out section 503.
(b) Working Group and Report.--There is authorized to be
appropriated $1,500,000 to carry out sections 504 and 505.
(c) Availability.--Amounts made available under subsections (a) and
(b) shall remain available until expended.
TITLE VI--REPORTS AND OTHER MATTERS
SEC. 601. 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. 602. GOVERNANCE FOR SECURITY CLEARANCE, SUITABILITY AND FITNESS
FOR EMPLOYMENT, AND CREDENTIALING.
(a) Governance Council for Suitability, Credentialing, and
Security.--
(1) Establishment.--There is an interagency Security,
Suitability, and Credentialing Council (in this section the
``Council''). The Council shall be accountable to the President
and to Congress to achieve the goals of the executive branch
vetting enterprise.
(2) Membership.--
(A) Composition.--The Council shall be composed for
the following:
(i) One individual who shall be appointed
by the Director of the Office of Management and
Budget.
(ii) The individual serving as the
Suitability Executive Agent and the
Credentialing Executive Agent pursuant to
subsections (b) and (c), respectively.
(iii) The individual serving as the
Security Executive Agent pursuant to subsection
(d)(1).
(iv) The Under Secretary of Defense for
Intelligence.
(v) The Director of the National Background
Investigations Bureau.
(B) Chairperson.--The Chairperson of the Council
shall be the individual appointed under subparagraph
(A)(i). The Chairperson shall have authority,
direction, and control over the functions of the
Council.
(3) Functions.--The functions of the Council are as
follows:
(A) Ensuring enterprise-wide alignment of
suitability, security, credentialing, and as
appropriate, fitness processes.
(B) Holding agencies accountable for the
implementation of suitability, security, fitness, and
credentialing processes and procedures.
(C) Defining requirements for enterprise-wide
reciprocity management information technology, and
develop standards for enterprise-wide information
technology.
(D) Working with agencies--
(i) to implement continuous performance
improvement programs, policies, and procedures;
(ii) to establish annual goals and progress
metrics; and
(iii) to prepare annual reports on results.
(E) Ensuring and overseeing the development of
tools and techniques for enhancing background
investigations and adjudications.
(F) Enabling discussion and consensus resolution of
differences in processes, policies, and procedures
among the members of the Council, and other agencies as
appropriate.
(G) Sharing best practices.
(H) Advise the Suitability Executive Agent, the
Credentialing Executive Agent, and the Security
Executive Agent on policies affecting the alignment of
investigations and adjudications.
(I) Working with agencies to develop agency
policies and procedures to enable sharing of vetting
information consistent with the law and the protection
of privacy and civil liberties and to the extent
necessary for enterprise-wide efficiency,
effectiveness, and security.
(J) Monitoring performance to identify and drive
enterprise-level process enhancements, and make
recommendations for changes to executive branch-wide
guidance and authorities to resolve overlaps or close
policy gaps where they may exist.
(K) Promoting data-driven, transparent, and
expeditious policy-making processes.
(L) Developing and continuously reevaluating and
revising outcome-based metrics that measure the
quality, efficiency and effectiveness of the vetting
enterprise.
(4) Subordinate bodies.--The Chairperson may establish
subordinate entities, mechanisms, and policies to support and
assist the Council in carrying out the functions of the
Council.
(b) Suitability Executive Agent.--
(1) In general.--The Director of the Office of Personnel
Management shall serve as the Suitability Executive Agent.
(2) Duties.--The duties of the Suitability Executive Agent
are as follows:
(A) Pursuant to sections 1103 and 1104 of title 5,
United States Code, and the Civil Service Rules, to be
responsible for suitability and fitness by--
(i) prescribing suitability standards and
minimum standards of fitness for employment;
(ii) prescribing position designation
requirements with regard to the risk to the
efficiency and integrity of the service;
(iii) prescribing applicable investigative
standards, policies, and procedures for
suitability and fitness;
(iv) prescribing suitability and fitness
reciprocity standards;
(v) making suitability determinations; and
(vi) taking suitability actions.
(B) To issue regulations, guidance, and standards
to fulfill the Director's responsibilities related to
suitability and fitness under Executive Order 13488 of
January 16, 2009, as amended.
(C) To promote reciprocal recognition of
suitability or fitness determinations among the
agencies, including acting as the final authority to
arbitrate and resolve disputes among the agencies
involving the reciprocity of investigations and
adjudications of suitability and fitness.
(D) To continue to initially approve, and
periodically review for renewal, agencies' requests to
administer polygraphs in connection with appointment in
the competitive service, in consultation with the
Security Executive Agent as appropriate.
(E) To make a continuing review of agency programs
for suitability and fitness vetting to determine
whether they are being implemented according to this
section.
(F) Shall, pursuant to section 1104 of title 5,
United States Code, prescribe performance standards and
a system of oversight for any suitability or fitness
function delegated by the Director to the head of
another agency, including uniform and consistent
policies and procedures to ensure the effective,
efficient, timely, and secure completion of delegated
functions.
(3) Guidelines and instructions.--The Suitability Executive
Agent may issue guidelines and instructions to the heads of
agencies to promote appropriate uniformity, centralization,
efficiency, effectiveness, reciprocity, timeliness, and
security in processes relating to determining suitability or
fitness.
(c) Credentialing Executive Agent.--
(1) In general.--In addition to serving as the Suitability
Executive Agent, the Director of the Office of Personnel
Management shall also serve as the Credentialing Executive
Agent.
(2) Duties.--The duties of the Credentialing Executive
Agent are as follows:
(A) To develop standards for investigations,
reinvestigations, and continuous vetting for a covered
individual's eligibility for a PIV credential.
(B) To develop adjudicative guidelines for a
covered individual's eligibility for a PIV credential.
(C) To develop guidelines on reporting and
recording determinations of eligibility for a PIV
credential.
(D) To develop standards for unfavorable
determinations of eligibility for a PIV credential,
including procedures for denying and revoking the
eligibility for a PIV credential, for reconsideration
of unfavorable determinations, and for rendering the
PIV credential inoperable.
(E) To develop standards and procedures for
suspending eligibility for a PIV credential when there
is a reasonable basis to believe there may be an
unacceptable risk pending an inquiry or investigation,
including special standards and procedures for imminent
risk.
(F) To develop uniform and consistent policies and
procedures to ensure the effective, efficient, timely,
and secure completion of investigations and
adjudications relating to eligibility for a PIV
credential.
(G) To monitor and make a continuing review of
agency programs for determining eligibility for a PIV
credential to determine whether they are being
implemented according to this section.
(H) To consult to the extent practicable with other
agencies with responsibilities related to PIV
credentials to ensure that policies and procedures are
consistent with law.
(3) Guidelines and instructions.--The Credentialing
Executive Agent may develop guidelines and instructions to the
heads of agencies as necessary to ensure appropriate
uniformity, centralization, efficiency, effectiveness, and
timeliness in processes relating to eligibility for a PIV
credential.
(4) PIV credential defined.--In this subsection, the term
``PIV credential'' means a personal identity verification
credential permitting logical and physical access to Federally
controlled facilities and Federally controlled information
systems.
(d) Security Executive Agent.--
(1) In general.--The Director of National Intelligence
shall serve as the Security Executive Agent.
(2) Duties.--The duties of the Security Executive Agent are
as follows:
(A) 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 agency.
(B) To make a continuing review of agencies'
national security background investigation and
adjudication programs to determine whether they are
being implemented according to this section.
(C) 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.
(D) To serve as the final authority to designate an
agency or agencies, to the extent that it is not
practicable to use the National Background
Investigations Bureau, 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.
(E) To serve as the final authority to designate an
agency or agencies to determine eligibility for access
to classified information or eligibility to hold a
sensitive position in accordance with Executive Order
12968 of August 2, 1995, as amended.
(F) To ensure reciprocal recognition of eligibility
for access to classified information or eligibility to
hold a sensitive position among the agencies, including
acting as the final authority to arbitrate and resolve
disputes among the agencies involving the reciprocity
of investigations and adjudications of eligibility.
(3) Authorities.--The Security Executive Agent may--
(A) issue guidelines and instructions to the heads
of agencies to ensure appropriate uniformity,
centralization, efficiency, effectiveness, timeliness,
and security in processes relating to determinations by
agencies of eligibility for access to classified
information or eligibility to hold a sensitive
position, including such matters as investigations,
polygraphs, adjudications, and reciprocity;
(B) if consistent with the national security,
authorize exceptions to or waivers of national security
investigative requirements, and may issue implementing
or clarifying guidance as necessary;
(C) assign, in whole or in part, to the head of any
agency (solely or jointly) any of the duties of the
Security Executive Agent under paragraph (2) or the
authorities in subparagraphs (A) and (B) of this
paragraph, with the agency's exercise of such assigned
duties or authorities to be subject to the Security
Executive Agent's oversight and with such terms and
conditions (including approval by the Security
Executive Agent) as the Security Executive Agent
determines appropriate; and
(D) define and set standards for continuous
evaluation for continued access to classified
information.
(e) Preservation of Authority.--Nothing in this section shall be
construed to limit the authorities of the Director of the Office of
Personnel Management, the Director of National Intelligence, or the
Secretary of Defense under any provision of law.
SEC. 603. PROCESS FOR SECURITY CLEARANCES.
(a) Reviews.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, acting as
the Security Executive Agent in accordance with subsection (d) of
section 602, in coordination with the Suitability Executive Agent and
the Credentialing Executive Agent who are serving in accordance with
subsections (b) and (c) of such section, shall submit to the
congressional intelligence committees a report that includes the
following:
(1) Review and assessment of standards.--
(A) In general.--A review of the relationship among
the information requested by the Questionnaire for
National Security Positions (Standard Form 86), the
application of the Federal Investigative Standards
prescribed by the Office of Personnel Management and
the Office of the Director of National Intelligence,
and the application of the adjudicative guidelines
under Security Executive Agent Directive 4 (``National
Security Adjudicative Guidelines'').
(B) Assessment.--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.
(2) Recommendations to improve background investigations.--
Recommendations to improve the background investigation
process, including recommendations--
(A) to simplify the Questionnaire for National
Security Positions (Standard Form 86) and increase
customer support to applicants completing such
Questionnaire;
(B) to use remote and virtual techniques and
centralized locations during field investigation work;
(C) to utilize secure and reliable digitization of
information obtained during the clearance process; and
(D) to build the capacity of the background
investigation labor sector.
(3) Review of schedules.--A review of whether the schedule
for processing security clearances included in section 3001 of
the Intelligence Reform and Terrorism Prevention Act of 2004
(50 U.S.C. 3341) should be modified.
(4) Evaluation of splitting the background investigation
function.--
(A) In general.--An evaluation of the impact on
costs, quality, and timeliness of security clearance
background investigations associated with transferring
to the Secretary of Defense responsibility for
conducting background investigations for--
(i) personnel of the Department of Defense;
or
(ii) all contractors to and personnel of
the United States Government.
(B) Analysis.--An analysis of--
(i) the time required for the Secretary of
Defense to gain sufficient institutional
capacity and capability to perform the
investigations described in clauses (i) and
(ii) of subparagraph (A);
(ii) past experience with agencies and
departments of the United States having
responsibility for conducting background
investigations, including the transfer to the
Office of Personnel Management of background
investigations for personnel of the Department
of Defense during 2003, 2004, and 2005; and
(iii) the mobility of the workforce who
perform background investigations between
government agencies and contractors.
(b) Policy, Strategy, and Implementation.--Not later than 90 days
after the date of the enactment of this Act, the Director of National
Intelligence, acting as the Security Executive Agent in accordance with
section 602(d), shall establish the following:
(1) Policy and implementation plan for interim security
clearances.--A policy and implementation plan for the issuance
of interim security clearances.
(2) Policy on consistent treatment of government and
contractor personnel.--A policy and implementation plan to
ensure contractors are treated consistently in the security
clearance process across agencies and departments of the United
States and 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 of how requests for clearance
sponsorship are issued;
(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 (``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; and
(H) reporting on security incidents and
performance.
(3) Strategy and implementation for periodic
reinvestigations.--
(A) Strategy and implementation plan.--A strategy
and implementation plan to conduct periodic
reinvestigations as part of a security clearance
determination exclusively on an as-needed, risk-based
basis. Such plan shall include actions to assess the
extent to which automated records checks and other
continuous evaluation methods may be used to expedite
or focus reinvestigations.
(B) Exception.--The Security Executive Agent may
provide justification if certain populations are
determined to require periodic reinvestigations at
regular intervals.
(4) Policy for automated records checks.--A policy and
implementation plan for agencies and departments of the United
States Government, 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) Policy and implementation for sharing of background
investigation data.--A policy and implementation plan for
sharing information between and among agencies or departments
of the United States and private entities that is relevant to
decisions about granting or renewing security clearances. Such
information shall--
(A) pertain to security and human resources
matters; and
(B) be treated in a manner consistent with privacy
concerns.
SEC. 604. REPORTS ON THE VULNERABILITIES EQUITIES POLICY AND PROCESS OF
THE FEDERAL GOVERNMENT.
(a) Report Policy and Process.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act and not later than 30 days after any
substantive change in policy, the head of each element of the
intelligence community shall submit to the congressional
intelligence committees a report detailing the process and
criteria the head uses for determining whether to submit a
vulnerability for review under the vulnerabilities equities
policy and process of the Federal Government.
(2) Form.--Each report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(b) Annual Report on Vulnerabilities.--
(1) In general.--Not less frequently than once each year,
the Director of National Intelligence shall submit to the
congressional intelligence committees a report on--
(A) how many vulnerabilities the intelligence
community has submitted for review during the previous
calendar year;
(B) how many of such vulnerabilities were
ultimately disclosed to the vendor responsible for
correcting the vulnerability during the previous
calendar year; and
(C) vulnerabilities disclosed since the previous
report that have either--
(i) been patched or mitigated by the
responsible vendor; or
(ii) have not been patched or mitigated by
the responsible vendor and more than 180 days
have elapsed since the vulnerability was
disclosed.
(2) Contents.--Each report submitted under paragraph (1)
shall include the following:
(A) The date the vulnerability was disclosed to the
responsible vendor.
(B) The date the patch or mitigation for the
vulnerability was made publicly available by the
responsible vendor.
(C) An unclassified appendix that includes--
(i) a top-line summary of the aggregate
number of vulnerabilities disclosed to vendors,
how many have been patched, and the average
time between disclosure of the vulnerability
and the patching of the vulnerability; and
(ii) the aggregate number of
vulnerabilities disclosed to each responsible
vendor, delineated by the amount of time
required to patch or mitigate the
vulnerability, as defined by thirty day
increments.
(3) Form.--Each report submitted under paragraph (1) shall
be in classified form.
(c) Vulnerabilities Equities Policy and Process of the Federal
Government Defined.--In this section, the term ``vulnerabilities
equities policy and process of the Federal Government'' means the
policy and process established by the National Security Council for the
Federal Government, or successor set of policies and processes,
establishing policy and responsibilities for disseminating information
about vulnerabilities discovered by the Federal Government or its
contractors, or disclosed to the Federal Government by the private
sector in government off-the-shelf (GOTS), commercial off-the-shelf
(COTS), or other commercial information technology or industrial
control products or systems (including both hardware and software).
SEC. 605. BUG BOUNTY PROGRAMS.
(a) Definitions.--In this section:
(1) 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 an information
system in exchange for payment.
(2) 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 Under Secretary for Intelligence
and Analysis of the Department of Homeland Security shall
submit to the congressional intelligence committees a strategic
plan to implement bug bounty programs at appropriate agencies
and departments of the United States.
(2) Contents.--The plan required by paragraph (1) shall
include--
(A) an assessment of--
(i) the effectiveness of 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. 606. REPORT ON CYBER ATTACKS BY FOREIGN GOVERNMENTS AGAINST UNITED
STATES ELECTION INFRASTRUCTURE.
(a) 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 congressional intelligence 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.
(b) Form.--The report submitted under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(c) Definitions.--In this section:
(1) 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.
(2) 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.
SEC. 607. REVIEW OF INTELLIGENCE COMMUNITY'S POSTURE TO COLLECT AGAINST
AND ANALYZE RUSSIAN EFFORTS TO INFLUENCE THE PRESIDENTIAL
ELECTION.
(a) Assessment Required.--Not later than one year after the date of
the enactment of this Act, the Director of National Intelligence
shall--
(1) complete an after action review of the intelligence
community's posture 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. 608. ASSESSMENT OF FOREIGN INTELLIGENCE THREATS TO FEDERAL
ELECTIONS.
(a) 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 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, submit a report on such security
vulnerabilities and an assessment of foreign intelligence
threats to the election to--
(A) congressional leadership; and
(B) the congressional intelligence committees.
(b) Update.--Not later than 90 days before any regularly scheduled
Federal election, 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 congressional intelligence committees.
(c) Definitions.--In this section:
(1) 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.
(2) 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).
SEC. 609. STRATEGY FOR COUNTERING RUSSIAN CYBER THREATS TO UNITED
STATES ELECTIONS.
(a) 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.
(b) Elements of the Strategy.--The strategy required by subsection
(a) 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 (a) 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.
(c) Report to Congress.--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 brief the congressional
intelligence committees on the strategy developed under subsection (a).
SEC. 610. LIMITATION RELATING TO ESTABLISHMENT OR SUPPORT OF CYBER
SECURITY UNIT WITH THE GOVERNMENT OF RUSSIA.
(a) Limitation.--No amount may be expended by the Federal
Government to establish or support a cyber security unit or other cyber
agreement that is jointly established or otherwise implemented by the
Government of the United States and the Government of Russia unless, at
least 30 days prior to the establishment of such agreement, the
Director of National Intelligence submits to the congressional
intelligence committees a report on such agreement that includes the
elements required by subsection (b).
(b) Report Elements.--If the Director submits a report under
subsection (a), 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.
SEC. 611. REPORT ON RETURNING RUSSIAN COMPOUNDS.
(a) Covered Compounds Defined.--In this section, the term ``covered
compounds'' means the real property in New York and the real property
in Maryland 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 a report on
the intelligence risks of returning the covered compounds to Russian
control.
(c) Form of Report.--The report required by subsection (b) shall be
submitted in classified and unclassified forms.
SEC. 612. INTELLIGENCE COMMUNITY ASSESSMENT ON THREAT OF RUSSIAN MONEY
LAUNDERING TO THE UNITED STATES.
(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 Secretary of the Treasury, shall submit to the
congressional intelligence committees an intelligence community
assessment on the threat of Russian money laundering to the United
States. The assessment shall be based on all-source intelligence,
including from the intelligence community and from all elements of the
Department of the Treasury under the Office of Terrorism and Financial
Intelligence.
(b) Elements.--The assessment required by subsection (a) shall
cover the following:
(1) Money laundering in the Russian Federation, global
nodes of money laundering used by Russian and associated
entities, and the entry points of money laundering by Russian
and associated entities into the United States.
(2) Vulnerabilities to money laundering in the United
States financial and legal system, including specific sectors,
and ways in which Russian money laundering has exploited those
vulnerabilities.
(3) Any connections between Russian oligarchs and elements
of Russian organized crime involved in money laundering and the
Government of Russia.
(4) The counterintelligence threat posed by Russian money
laundering as well as the threat to the United States financial
system and United States efforts to enforce sanctions and
combat organized crime.
SEC. 613. NOTIFICATION OF AN ACTIVE MEASURES CAMPAIGN.
(a) 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 Chairman and Vice Chairman or Ranking Member of each of the
congressional intelligence 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.
(b) Content of Notification.--Each notification required by
subsection (a) shall include information concerning actions taken by
the United States to expose or halt an attempt referred to in
subsection (a).
SEC. 614. 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), 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 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. 615. 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. 616. SEMIANNUAL REPORT ON REFERRALS TO DEPARTMENT OF JUSTICE BY
ELEMENTS OF THE INTELLIGENCE COMMUNITY REGARDING
UNAUTHORIZED DISCLOSURE OF CLASSIFIED INFORMATION.
(a) Reports Required.--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 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.
(b) Contents.--Each report submitted under subsection (a) shall
include, for each referral covered by the report, at a minimum, the
following:
(1) The date the referral was received.
(2) A statement indicating whether the alleged unauthorized
disclosure described in the referral was substantiated by the
Department of Justice.
(3) A statement indicating the highest level of
classification of the information that was revealed in the
unauthorized disclosure.
(4) A statement indicating whether an open criminal
investigation related to the referral is active.
(5) A statement indicating whether any criminal charges
have been filed related to the referral.
(6) A statement indicating whether the Department of
Justice has been able to attribute the unauthorized disclosure
to a particular entity or individual.
(c) Form of Report.--Each report submitted under subsection (a)
shall be submitted in unclassified form, but may have a classified
annex.
SEC. 617. NOTIFICATIONS OF DESIGNATION OF AN INTELLIGENCE OFFICER AS A
PERSONA NON GRATA.
(a) Requirement for Reports.--Not later than 72 hours after an
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 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.
(b) Intelligence Officer Defined.--In this section, the term
``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.
SEC. 618. 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) Requirement.--Not later than 180 days after the date of
the enactment of this Act, and biennially thereafter, the
Director of National Intelligence shall submit to the
congressional intelligence committees a report on foreign
investment risks prepared by the interagency working group
established under subsection (a).
(2) Content.--Each report required by paragraph (1) shall
include an identification, analysis, and explanation of the
following:
(A) Any current or projected major vulnerability to
the national security of the United States with respect
to foreign investment.
(B) Any macro trends in foreign investment of a
country that such interagency working group has
identified to be a country of special concern.
(C) Any strategy used by such a country to exploit
a vulnerability identified under subparagraph (A)
through the acquisition of critical technologies,
critical materials, or critical infrastructure.
(D) Any market distortion or unfair competition by
a foreign country in the form of market barriers,
nonreciprocal investment treatment, subsidies,
government corruption, compulsory technology transfer,
or theft of intellectual property.
SEC. 619. REPORT ON SURVEILLANCE BY FOREIGN GOVERNMENTS AGAINST UNITED
STATES TELECOMMUNICATIONS NETWORKS.
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
congressional intelligence 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 of 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. 620. REPORTS ON AUTHORITIES OF THE CHIEF INTELLIGENCE OFFICER OF
THE DEPARTMENT OF HOMELAND SECURITY.
(a) Definitions.--In this section:
(1) Department.--The term ``Department'' means the
Department of Homeland Security.
(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.
(3) Office.--The term ``Office'' means the Office of
Intelligence and Analysis of the Department.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(5) Under secretary.--The term ``Under Secretary'' means
the Under Secretary for Intelligence and Analysis of the
Department.
(b) Requirement for Report.--Not later than 120 days after the date
of the enactment of this Act, the Secretary, in consultation with the
Under Secretary, shall submit to the congressional intelligence
committees a report on the authorities of the Under Secretary.
(c) Contents.--The report required by subsection (b) shall include
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 and the Homeland
Security Intelligence Council, over which the Chief
Intelligence Officer chairs; 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--
(A) to coordinate intelligence programs; and
(B) integrate and standardize intelligence products
produced by such other components.
SEC. 621. REPORT ON GEOSPATIAL COMMERCIAL ACTIVITIES FOR BASIC AND
APPLIED RESEARCH AND DEVELOPMENT.
(a) Sense of Congress.--It is the sense of Congress that--
(1) rapid technology change and a significant increase in
data collection by the intelligence community has outpaced the
ability of the intelligence community to exploit vast
quantities of intelligence data;
(2) the data collection capabilities of the intelligence
community and the Department of Defense have outpaced their
ability to exploit vast quantities of data;
(3) furthermore, international competitors may be catching
up, and in some cases leading, in key technology areas;
(4) many United States companies have talent and
technological capabilities that the Federal Government could
harness; and
(5) these companies would be able to more effectively
develop automation, artificial intelligence, and associated
algorithms if given access to data of the National Geospatial-
Intelligence Agency, consistent with the protection of sources
and methods.
(b) Report.--Not later than 30 days after the date of the enactment
of this Act, the Director of the National Geospatial-Intelligence
Agency shall submit to the appropriate congressional committees a
report on the authorities necessary to conduct commercial activities
relating to geospatial intelligence that the Director determines
necessary to engage in basic research, applied research, data
transfers, and development projects, with respect to automation,
artificial intelligence, and associated algorithms, including how the
Director would use such authorities, consistent with applicable laws
and procedures relating to the protection of sources and methods.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Armed Services and the Select
Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent
Select Committee on Intelligence of the House of
Representatives.
SEC. 622. 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 (I), by realigning the margin of such
subparagraph 2 ems to the left.
SEC. 623. SENSE OF CONGRESS ON WIKILEAKS.
It is the sense of Congress that WikiLeaks and the senior
leadership of WikiLeaks resemble a non-state hostile intelligence
service often abetted by state actors and should be treated as such a
service by the United States.
Calendar No. 207
115th CONGRESS
1st Session
S. 1761
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A BILL
To authorize appropriations for fiscal year 2018 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.
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