[Congressional Record Volume 165, Number 17 (Monday, January 28, 2019)]
[Senate]
[Pages S702-S724]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 56. Mr. KENNEDY submitted an amendment intended to be proposed by 
him to the bill S. 1, to make improvements to certain defense and 
security assistance provisions and to authorize the appropriation of 
funds to Israel, to reauthorize the United States-Jordan Defense 
Cooperation Act of 2015, and to halt the wholesale slaughter of the 
Syrian people, and for other purposes; which was ordered to lie on the 
table; as follows:

       At the end, add the following:

  TITLE V--AUTHORIZATION FOR USE OF FORCE TO DEFEND THE KURDS IN SYRIA

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Authorization for Use of 
     Military Force in Defense of the Kurds in Syria Resolution of 
     2019''.

     SEC. 502. AUTHORIZATION FOR USE OF UNITED STATES ARMED 
                   FORCES.

       (a) Authorization.--The President is authorized to use the 
     Armed Forces of the United States as the President determines 
     to be necessary and appropriate in order to defend the Kurds 
     in Syria.
       (b) War Powers Resolution Requirements.--
       (1) Specific statutory authorization.--Consistent with 
     section 8(a)(1) of the War Powers Resolution (50 U.S.C. 
     1547(a)(1)), Congress declares that this section is intended 
     to constitute specific statutory authorization within the 
     meaning of section 5(b) of the War Powers Resolution (50 
     U.S.C. 1544(b)).
       (2) Applicability of other requirements.--Nothing in this 
     title supersedes any requirements of the War Powers 
     Resolution (50 U.S.C. 1541 et seq.).
                                 ______
                                 
  SA 57. Mr. BURR (for himself and Mr. Warner) submitted an amendment 
intended to be proposed by him to the bill S. 1, to make improvements 
to certain defense and security assistance provisions and to authorize 
the appropriation of funds to Israel, to reauthorize the United States-
Jordan Defense Cooperation Act of 2015, and to halt the wholesale 
slaughter of the Syrian people, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

 DIVISION __--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEARS 2018 AND 
                                  2019

     SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the ``Damon 
     Paul Nelson and Matthew Young Pollard Intelligence 
     Authorization Act for Fiscal Years 2018 and 2019''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Explanatory statement.

                    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. Special rules for certain monthly workers' compensation 
              payments and other payments for Central Intelligence 
              Agency personnel.
Sec. 413. Expansion of security protective service jurisdiction of the 
              Central Intelligence Agency.
Sec. 414. 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.

[[Page S703]]

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.
Sec. 733. Inclusion of disciplinary actions in annual report relating 
              to section 702 of the Foreign Intelligence Surveillance 
              Act of 1978.

                       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. 2. DEFINITIONS.

       In this division:
       (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.

     SEC. 3. EXPLANATORY STATEMENT.

       The explanatory statement regarding this division, printed 
     in the Senate section of the Congressional Record, by the 
     Chairman of the Select Committee on Intelligence of the 
     Senate, shall have the same effect with respect to the 
     implementation of this division as if it were a joint 
     explanatory statement of a committee of conference.

                    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

[[Page S704]]

     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)

[[Page S705]]

     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 and 2019''; 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 Government 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 
     Government 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 and 2019 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

[[Page S706]]

     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

[[Page S707]]

     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 and 2019, 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. SPECIAL RULES FOR CERTAIN MONTHLY WORKERS' 
                   COMPENSATION PAYMENTS AND OTHER PAYMENTS FOR 
                   CENTRAL INTELLIGENCE AGENCY PERSONNEL.

       (a) In General.--The Central Intelligence Agency Act of 
     1949 (50 U.S.C. 3501 et seq.) is amended by inserting after 
     section 19 the following new section:

     ``SEC. 19A. SPECIAL RULES FOR CERTAIN INDIVIDUALS INJURED BY 
                   REASON OF WAR, INSURGENCY, HOSTILE ACT, OR 
                   TERRORIST ACTIVITIES.

       ``(a) Definitions.--In this section:
       ``(1) Covered dependent.--The term `covered dependent' 
     means a family member (as defined by the Director) of a 
     covered employee who, on or after September 11, 2001--
       ``(A) accompanies the covered employee to an assigned duty 
     station in a foreign country; and
       ``(B) becomes injured by reason of a qualifying injury.
       ``(2) Covered employee.--The term `covered employee' means 
     an officer or employee of the Central Intelligence Agency 
     who, on or after September 11, 2001, becomes injured by 
     reason of a qualifying injury.
       ``(3) Covered individual.--The term `covered individual' 
     means an individual who--
       ``(A)(i) is detailed to the Central Intelligence Agency 
     from other agencies of the United States Government or from 
     the Armed Forces; or
       ``(ii) is affiliated with the Central Intelligence Agency, 
     as determined by the Director; and
       ``(B) who, on or after September 11, 2001, becomes injured 
     by reason of a qualifying injury.
       ``(4) Qualifying injury.--The term `qualifying injury' 
     means the following:
       ``(A) With respect to a covered dependent, an injury 
     incurred--
       ``(i) during war, insurgency, hostile act, or terrorist 
     activities occurring during a period in which the covered 
     dependent is accompanying the covered employee to an assigned 
     duty station in a foreign country; and
       ``(ii) that was not the result of the willful misconduct of 
     the covered dependent.
       ``(B) With respect to a covered employee or a covered 
     individual, an injury incurred--
       ``(i) during war, insurgency, hostile act, or terrorist 
     activities occurring during a period of assignment to a duty 
     station in a foreign country; and
       ``(ii) that was not the result of the willful misconduct of 
     the covered employee or the covered individual.
       ``(b) Adjustment of Compensation for Certain Injuries.--
       ``(1) Increase.--The Director may increase the amount of 
     monthly compensation paid to a covered employee under section 
     8105 of title 5, United States Code. Subject to paragraph 
     (2), the Director may determine the amount of each such 
     increase by taking into account--
       ``(A) the severity of the qualifying injury;
       ``(B) the circumstances by which the covered employee 
     became injured; and
       ``(C) the seniority of the covered employee.
       ``(2) Maximum.--Notwithstanding chapter 81 of title 5, 
     United States Code, the total

[[Page S708]]

     amount of monthly compensation increased under paragraph (1) 
     may not exceed the monthly pay of the maximum rate of basic 
     pay for GS-15 of the General Schedule under section 5332 of 
     such title.
       ``(c) Costs for Treating Qualifying Injuries.--The Director 
     may pay the costs of treating a qualifying injury of a 
     covered employee, a covered individual, or a covered 
     dependent, or may reimburse a covered employee, a covered 
     individual, or a covered dependent for such costs, that are 
     not otherwise covered by chapter 81 of title 5, United States 
     Code, or other provision of Federal law.
       ``(d) Treatment of Amounts.--For purposes of section 104 of 
     the Internal Revenue Code of 1986, amounts paid pursuant to 
     this section shall be treated as amounts paid under chapter 
     81 of title 5, United States Code.''.
       (b) Regulations.--Not later than 120 days after the date of 
     the enactment of this Act, the Director of the Central 
     Intelligence Agency shall--
       (1) prescribe regulations ensuring the fair and equitable 
     implementation of section 19A of the Central Intelligence 
     Agency Act of 1949, as added by subsection (a); and
       (2) submit to the congressional intelligence committees 
     such regulations.
       (c) Application.--Section 19A of the Central Intelligence 
     Agency Act of 1949, as added by subsection (a), shall apply 
     with respect to--
       (1) payments made to covered employees (as defined in such 
     section) under section 8105 of title 5, United States Code, 
     beginning on or after the date of the enactment of this Act; 
     and
       (2) treatment described in subsection (b) of such section 
     19A occurring on or after the date of the enactment of this 
     Act.

     SEC. 413. 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. 414. 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

[[Page S709]]

     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

[[Page S710]]

     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.

[[Page S711]]

       (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 Government Reform of the 
     House of Representatives.
       (2) Appropriate industry partners.--The term ``appropriate 
     industry partner'' means

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     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.

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       (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.

[[Page S714]]

       (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 Government 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.--

[[Page S715]]

       (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,

[[Page S716]]

     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 Government 
     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

[[Page S717]]

     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

[[Page S718]]

     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

[[Page S719]]

     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.

[[Page S720]]

  


     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

[[Page S721]]

     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.

     SEC. 733. INCLUSION OF DISCIPLINARY ACTIONS IN ANNUAL REPORT 
                   RELATING TO SECTION 702 OF THE FOREIGN 
                   INTELLIGENCE SURVEILLANCE ACT OF 1978.

       Section 707(b)(1)(G)(ii) of the Foreign Intelligence 
     Surveillance Act of 1978 (50 U.S.C. 1881f(b)(1)(G)(ii)) is 
     amended by inserting before the semicolon the following: ``, 
     including whether disciplinary actions were taken as a result 
     of such an incident of noncompliance and the extent of such 
     disciplinary actions''.

                       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--

[[Page S722]]

       (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.'';

[[Page S723]]

       (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.

                                 ______
                                 
  SA 58. Mr. SCOTT of South Carolina submitted an amendment intended to 
be proposed by him to the bill S. 1, to make improvements to certain 
defense and security assistance provisions and to authorize the 
appropriation of funds to Israel, to reauthorize the United States-
Jordan Defense Cooperation Act of 2015, and to halt the wholesale 
slaughter of the Syrian people, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. ANTI-SEMITISM AWARENESS.

       (a) Short Title.--This section may be cited as the ``Anti-
     Semitism Awareness Act of 2019''.
       (b) Findings.--Congress makes the following findings:
       (1) Title VI of the Civil Rights Act of 1964 (referred to 
     in the subsection as ``title VI'') is one of the principal 
     antidiscrimination statutes enforced by the Department of 
     Education's Office for Civil Rights.
       (2) Title VI prohibits discrimination on the basis of race, 
     color, or national origin.
       (3) Both the Department of Justice and the Department of 
     Education have properly concluded that title VI prohibits 
     discrimination against Jews, Muslims, Sikhs, and members of 
     other religious groups when the discrimination is based on 
     the group's actual or perceived shared ancestry or ethnic 
     characteristics or when the discrimination is based on actual 
     or perceived citizenship or residence in a country whose 
     residents share a dominant religion or a distinct religious 
     identity.
       (4) A September 8, 2010, letter from Assistant Attorney 
     General Thomas E. Perez to Assistant Secretary for Civil 
     Rights Russlynn H. Ali stated that ``[a]lthough Title VI does 
     not prohibit discrimination on the basis of religion, 
     discrimination against Jews, Muslims, Sikhs, and members of 
     other groups violates Title VI when that discrimination is 
     based on the group's actual or perceived shared ancestry or 
     ethnic characteristics''.
       (5) To assist State and local educational agencies and 
     schools in their efforts to comply with Federal law, the 
     Department of Education periodically issues Dear Colleague 
     letters. On a number of occasions, these letters set forth 
     the Department of Education's interpretation of the statutory 
     and regulatory obligations of schools under title VI.
       (6) On September 13, 2004, the Department of Education 
     issued a Dear Colleague letter regarding the obligations of 
     schools (including colleges) under title VI to address 
     incidents involving religious discrimination. The 2004 letter 
     specifically notes that ``since the attacks of September 11, 
     2001, OCR has received complaints of race or national origin 
     harassment commingled with aspects of religious 
     discrimination against Arab Muslim, Sikh, and Jewish 
     students.''.
       (7) An October 26, 2010, Dear Colleague letter issued by 
     the Department of Education stated, ``While Title VI does not 
     cover discrimination based solely on religion, groups that 
     face discrimination on the basis of actual or perceived 
     shared ancestry or ethnic characteristics may not be denied 
     protection under Title VI on the ground that they also share 
     a common faith. These principles apply not just to Jewish 
     students, but also to students from any discrete religious 
     group that shares, or is perceived to share, ancestry or 
     ethnic characteristics (e.g., Muslims or Sikhs).''.
       (8) Anti-Semitism, and harassment on the basis of actual or 
     perceived shared ancestry or ethnic characteristics with a 
     religious group, remains a persistent, disturbing problem in 
     elementary and secondary schools and on college campuses.

[[Page S724]]

       (9) Students from a range of diverse backgrounds, including 
     Jewish, Arab Muslim, and Sikh students, are being threatened, 
     harassed, or intimidated in their schools (including on their 
     campuses) on the basis of their shared ancestry or ethnic 
     characteristics including through harassing conduct that 
     creates a hostile environment so severe, pervasive, or 
     persistent so as to interfere with or limit some students' 
     ability to participate in or benefit from the services, 
     activities, or opportunities offered by schools.
       (10) The 2010 Dear Colleague letter cautioned schools that 
     they ``must take prompt and effective steps reasonably 
     calculated to end the harassment, eliminate any hostile 
     environment, and its effects, and prevent the harassment from 
     recurring,'' but did not provide guidance on current 
     manifestations of anti-Semitism, including discriminatory 
     anti-Semitic conduct that is couched as anti-Israel or anti-
     Zionist.
       (11) The definition and examples referred to in paragraphs 
     (1) and (2) of subsection (c) have been valuable tools to 
     help identify contemporary manifestations of anti-Semitism, 
     and include useful examples of discriminatory anti-Israel 
     conduct that crosses the line into anti-Semitism.
       (12) Awareness of this definition of anti-Semitism will 
     increase understanding of the parameters of contemporary 
     anti-Jewish conduct and will assist the Department of 
     Education in determining whether an investigation of anti-
     Semitism under title VI is warranted.
       (c) Definitions.--For purposes of this section, the term 
     ``definition of anti-Semitism''--
       (1) includes the definition of anti-Semitism set forth by 
     the Special Envoy to Monitor and Combat Anti-Semitism of the 
     Department of State in the Fact Sheet issued on June 8, 2010; 
     and
       (2) includes the examples set forth under the headings 
     ``Contemporary Examples of Anti-Semitism'' and ``What is 
     Anti-Semitism Relative to Israel?'' of the Fact Sheet.
       (d) Rule of Construction for Title Vi of the Civil Rights 
     Act of 1964.--In reviewing, investigating, or deciding 
     whether there has been a violation of title VI of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000d et seq.) on the basis of 
     race, color, or national origin, based on an individual's 
     actual or perceived shared Jewish ancestry or Jewish ethnic 
     characteristics, the Department of Education shall take into 
     consideration the definition of anti-Semitism as part of the 
     Department's assessment of whether the practice was motivated 
     by anti-Semitic intent.
       (e) Administration.--The Assistant Secretary for Civil 
     Rights shall administer and enforce title VI of the Civil 
     Rights Act of 1964 (42 U.S.C. 2000d et seq.) and title IX of 
     the Education Amendments of 1972 (20 U.S.C. 1681 et seq.) in 
     a manner that is consistent with the manner of administration 
     and enforcement described in the Dear Colleague letter issued 
     on September 13, 2004, by the Deputy Assistant Secretary for 
     Enforcement of the Department of Education, entitled ``Title 
     VI and Title IX Religious Discrimination in Schools and 
     Colleges''.
       (f) Other Rules of Construction.--
       (1) General rule of construction.--Nothing in this section 
     shall be construed--
       (A) to expand the authority of the Secretary of Education;
       (B) to alter the standards pursuant to which the Department 
     of Education makes a determination that harassing conduct 
     amounts to actionable discrimination; or
       (C) to diminish or infringe upon the rights protected under 
     any other provision of law that is in effect as of the date 
     of enactment of this Act.
       (2) Constitutional protections.--Nothing in this section 
     shall be construed to diminish or infringe upon any right 
     protected under the First Amendment to the Constitution of 
     the United States.

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