[Congressional Record Volume 165, Number 99 (Thursday, June 13, 2019)]
[Senate]
[Pages S3542-S3573]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 548. Mr. BURR (for himself and Mr. Warner) submitted an amendment
intended to be proposed by him to the bill S. 1790, to authorize
appropriations for fiscal year 2020 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
DIVISION __--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2020
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 Year 2020''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION __--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2020
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
[[Page S3543]]
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Intelligence community management account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
Sec. 202. Modification of amount of Central Intelligence Agency
voluntary separation pay.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by
law.
Sec. 303. Improving the onboarding methodology for certain intelligence
personnel.
Sec. 304. Intelligence community public-private talent exchange.
Sec. 305. Expansion of scope of protections for identities of covert
agents.
Sec. 306. Inclusion of security risks in program management plans
required for acquisition of major systems in National
Intelligence Program.
Sec. 307. Paid parental leave.
Subtitle B--Office of the Director of National Intelligence
Sec. 311. Exclusivity, consistency, and transparency in security
clearance procedures and right to appeal.
Sec. 312. Limitation on transfer of National Intelligence University.
Sec. 313. Improving visibility into the security clearance process.
Sec. 314. Making certain policies and execution plans relating to
personnel clearances available to industry partners.
Subtitle C--Inspector General of the Intelligence Community
Sec. 321. Definitions.
Sec. 322. Inspector General external review panel.
Sec. 323. Harmonization of whistleblower processes and procedures.
Sec. 324. Intelligence community oversight of agency whistleblower
actions.
Sec. 325. Report on cleared whistleblower attorneys.
TITLE IV--REPORTS AND OTHER MATTERS
Sec. 401. Study on foreign employment of former personnel of
intelligence community.
Sec. 402. Comprehensive economic assessment of investment in key United
States technologies by companies or organizations linked
to China.
Sec. 403. Analysis of and periodic briefings on major initiatives of
intelligence community in artificial intelligence and
machine learning.
Sec. 404. Encouraging cooperative actions to detect and counter foreign
influence operations.
Sec. 405. Oversight of foreign influence in academia.
Sec. 406. Director of National Intelligence report on fifth-generation
wireless network technology.
Sec. 407. Annual report by Comptroller General of the United States on
cybersecurity and surveillance threats to Congress.
Sec. 408. Director of National Intelligence assessments of foreign
interference in elections.
Sec. 409. Study on feasibility and advisability of establishing
Geospatial-Intelligence Museum and learning center.
Sec. 410. Report on death of Jamal Khashoggi.
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.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2020 for the conduct of the intelligence and
intelligence-related activities of the following elements of
the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to
be appropriated under section 101 for the conduct of the
intelligence activities of the elements listed in paragraphs
(1) through (16) of section 101, are those specified in the
classified Schedule of Authorizations prepared to accompany
this division.
(b) Availability of Classified Schedule of
Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate,
the Committee on Appropriations of the House of
Representatives, and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations referred to in
subsection (a), or of appropriate portions of such Schedule,
within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a));
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal
year 2020 the sum of $558,000,000.
(b) Classified Authorization of Appropriations.--In
addition to amounts authorized to be appropriated for the
Intelligence Community Management Account by subsection (a),
there are authorized to be appropriated for the Intelligence
Community Management Account for fiscal year 2020 such
additional amounts as are specified in the classified
Schedule of Authorizations referred to in section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund
$514,000,000 for fiscal year 2020.
SEC. 202. MODIFICATION OF AMOUNT OF CENTRAL INTELLIGENCE
AGENCY VOLUNTARY SEPARATION PAY.
Section 2 of the Central Intelligence Agency Voluntary
Separation Pay Act (50 U.S.C. 3519a(e)(2)) is amended--
(1) in subsection (e)(2)(B), by striking ``$25,000'' and
inserting ``$40,000 (as adjusted from time to time under
subsection (f))'';
(2) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(3) by inserting after subsection (e) the following:
``(c) Adjustments.--
``(1) In general.--On March 1 of each year, the Director
shall provide a percentage increase (rounded in accordance
with paragraph (2)) in the amount specified in subsection
(e)(2)(B), equal to the percentage by which--
``(A) the Consumer Price Index (all items, United States
city average) for the 12-month period ending on the December
31 immediately preceding the date on which the increase is
made, exceeds
``(B) the Consumer Price Index for the 12-month period
preceding the 12-month period described in subparagraph (A).
``(2) Rounding.--A percentage increase under paragraph (1)
shall be adjusted to the nearest one-tenth of one percent,
and an amount determined under paragraph (1) shall be rounded
to the nearest multiple of $1,000 (or, if midway between
multiples of $1,000, to the next higher multiple of
$1,000).''.
TITLE III--INTELLIGENCE COMMUNITY MATTERS
Subtitle A--General Intelligence Community Matters
SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this division shall
not be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by
the Constitution or the laws of the United States.
SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits
authorized by law.
SEC. 303. IMPROVING THE ONBOARDING METHODOLOGY FOR CERTAIN
INTELLIGENCE PERSONNEL.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence and the Committee
on Armed Services of the Senate; and
[[Page S3544]]
(B) the Permanent Select Committee on Intelligence and the
Committee on Armed Services of the House of Representatives.
(2) Covered elements of the intelligence community.--The
term ``covered elements of the intelligence community'' means
the elements of the intelligence community that are within
the following:
(A) The Department of Energy.
(B) The Department of Homeland Security.
(C) The Department of Justice.
(D) The Department of State.
(E) The Department of the Treasury.
(b) In General.--The Secretary of Defense and the Director
of National Intelligence shall, consistent with Department of
Defense Instruction 1400.25, as in effect on the day before
the date of the enactment of this Act--
(1) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate committees of Congress
a report that outlines a common methodology for measuring
onboarding in covered elements of the intelligence community,
including human resources and security processes;
(2) not later than 1 year after the date of the enactment
of this Act, issue metrics for assessing key phases in the
onboarding described in paragraph (1) for which results will
be reported by the date that is 90 days after the date of
such issuance;
(3) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate committees of Congress
a report on collaboration among covered elements of the
intelligence community on their onboarding processes;
(4) not later than 180 days after the date of the enactment
of this Act, submit to the appropriate committees of Congress
a report on employment of automated mechanisms in covered
elements of the intelligence community, including for
tracking personnel as they pass through each phase of the
onboarding process; and
(5) not later than December 31, 2020, distribute surveys to
human resources offices and applicants about their
experiences with the onboarding process in covered elements
of the intelligence community.
SEC. 304. INTELLIGENCE COMMUNITY PUBLIC-PRIVATE TALENT
EXCHANGE.
(a) Policies, Processes, and Procedures Required.--Not
later than 270 days after the date of the enactment of this
Act, the Director of National Intelligence shall develop
policies, processes, and procedures to facilitate the
rotation of personnel of the intelligence community to the
private sector, and personnel from the private sector to the
intelligence community.
(b) Detail Authority.--Under policies developed by the
Director pursuant to subsection (a), with the agreement of a
private-sector organization, and with the consent of the
employee, a head of an element of the intelligence community
may arrange for the temporary detail of an employee of such
element to such private-sector organization, or from such
private-sector organization to such element under this
section.
(c) Agreements.--
(1) In general.--A head of an element of the intelligence
community exercising the authority of the head under
subsection (a) shall provide for a written agreement among
the element of the intelligence community, the private-sector
organization, and the employee concerned regarding the terms
and conditions of the employee's detail under this section.
The agreement--
(A) shall require that the employee of the element, upon
completion of the detail, serve in the element, or elsewhere
in the civil service if approved by the head of the element,
for a period of at least equal to the length of the detail;
(B) shall provide that if the employee of the element fails
to carry out the agreement, such employee shall be liable to
the United States for payment of all non-salary and benefit
expenses of the detail, unless that failure was for good and
sufficient reason, as determined by the head of the element;
(C) shall contain language informing such employee of the
prohibition on improperly sharing or using non-public
information that such employee may be privy to or aware of
related to element programming, budgeting, resourcing,
acquisition, or procurement for the benefit or advantage of
the private-sector organization; and
(D) shall contain language requiring the employee to
acknowledge the obligations of the employee under section
1905 of title 18, United States Code (relating to trade
secrets).
(2) Amount of liability.--An amount for which an employee
is liable under paragraph (1) shall be treated as a debt due
the United States.
(3) Waiver.--The head of an element of the intelligence
community may waive, in whole or in part, collection of a
debt described in paragraph (2) based on a determination that
the collection would be against equity and good conscience
and not in the best interests of the United States, after
taking into account any indication of fraud,
misrepresentation, fault, or lack of good faith on the part
of the employee.
(d) Termination.--A detail under this section may, at any
time and for any reason, be terminated by the head of the
element of the intelligence community concerned or the
private-sector organization concerned.
(e) Duration.--
(1) In general.--A detail under this section shall be for a
period of not less than 3 months and not more than 2 years,
renewable up to a total of 3 years.
(2) Longer periods.--A detail under this section may be for
a period in excess of 2 years, but not more than 3 years, if
the head of the element making the detail determines that
such detail is necessary to meet critical mission or program
requirements.
(3) Limitation.--No employee of an element of the
intelligence community may be detailed under this section for
more than a total of 5 years, inclusive of all such details.
(f) Status of Federal Employees Detailed to Private-sector
Organizations.--
(1) In general.--An employee of an element of the
intelligence community who is detailed to a private-sector
organization under this section shall be considered, during
the period of detail, to be on a regular work assignment in
the element for all purposes. The written agreement
established under subsection (c)(1) shall address the
specific terms and conditions related to the employee's
continued status as a Federal employee.
(2) Requirements.--In establishing a temporary detail of an
employee of an element of the intelligence community to a
private-sector organization, the head of the element shall--
(A) certify that the temporary detail of such employee
shall not have an adverse or negative impact on mission
attainment or organizational capabilities associated with the
detail; and
(B) in the case of an element of the intelligence community
in the Department of Defense, ensure that the normal duties
and functions of such employees are not, as a result of and
during the course of such temporary detail, performed or
augmented by contractor personnel in violation of the
provisions of section 2461 of title 10, United States Code.
(g) Terms and Conditions for Private-sector Employees.--An
employee of a private-sector organization who is detailed to
an element of the intelligence community under this section--
(1) shall continue to receive pay and benefits from the
private-sector organization from which such employee is
detailed and shall not receive pay or benefits from the
element, except as provided in paragraph (2);
(2) is deemed to be an employee of the element for the
purposes of--
(A) chapters 73 and 81 of title 5, United States Code;
(B) sections 201, 203, 205, 207, 208, 209, 603, 606, 607,
643, 654, 1905, and 1913 of title 18, United States Code;
(C) sections 1343, 1344, and 1349(b) of title 31, United
States Code;
(D) chapter 171 of title 28, United States Code (commonly
known as the ``Federal Tort Claims Act'') and any other
Federal tort liability statute;
(E) the Ethics in Government Act of 1978 (5 U.S.C. App.);
and
(F) chapter 21 of title 41, United States Code;
(3) may perform work that is considered inherently
governmental in nature only when requested in writing by the
head of the element;
(4) may not be used to circumvent any limitation or
restriction on the size of the workforce of the element;
(5) shall be subject to the same requirements applicable to
an employee performing the same functions and duties proposed
for performance by the private sector employee; and
(6) in the case of an element of the intelligence community
in the Department of Defense, may not be used to circumvent
the provisions of section 2461 of title 10, United States
Code.
(h) Prohibition Against Charging Certain Costs to the
Federal Government.--A private-sector organization may not
charge an element of the intelligence community or any other
agency of the Federal Government, as direct costs under a
Federal contract, the costs of pay or benefits paid by the
organization to an employee detailed to an element of the
intelligence community under this section for the period of
the detail and any subsequent renewal periods.
(i) Additional Administrative Matters.--In carrying out
this section, the Director, pursuant to procedures developed
under subsection (a)--
(1) shall, to the degree practicable, ensure that small
business concerns are represented with respect to details
authorized by this section;
(2) may, notwithstanding any other provision of law,
establish criteria for elements of the intelligence community
to use appropriated funds to reimburse small business
concerns for the salaries and benefits of its employees
during the periods when the small business concern agrees to
detail its employees to the intelligence community under this
section;
(3) shall take into consideration the question of how
details under this section might best be used to help meet
the needs of the intelligence community, including with
respect to the training of employees;
(4) shall take into consideration areas of private-sector
expertise that are critical to the intelligence community;
and
(5) shall establish oversight mechanisms to determine
whether the public-private exchange authorized by this
section improves the efficiency and effectiveness of the
intelligence community.
(j) Definitions.--In this section:
(1) Detail.--The term ``detail'' means, as appropriate in
the context in which such term is used--
(A) the assignment or loan of an employee of an element of
the intelligence community
[[Page S3545]]
to a private-sector organization without a change of position
from the intelligence community element that employs the
individual; or
(B) the assignment or loan of an employee of a private-
sector organization to an element of the intelligence
community without a change of position from the private-
sector organization that employs the individual.
(2) Private-sector organization.--The term ``private-sector
organization'' means--
(A) a for-profit organization; or
(B) a not-for-profit organization.
(3) Small business concern.--The term ``small business
concern'' has the meaning given such term in section
3703(e)(2) of title 5, United States Code.
SEC. 305. EXPANSION OF SCOPE OF PROTECTIONS FOR IDENTITIES OF
COVERT AGENTS.
Section 605(4) of the National Security Act of 1947 (50
U.S.C. 3126(4)) is amended--
(1) in subparagraph (A)--
(A) by striking clause (ii);
(B) in clause (i), by striking ``, and'' and inserting ``;
or''; and
(C) by striking ``agency--'' and all that follows through
``whose identity'' and inserting ``agency whose identity'';
and
(2) in subparagraph (B)(i), by striking ``resides and acts
outside the United States'' and inserting ``acts''.
SEC. 306. INCLUSION OF SECURITY RISKS IN PROGRAM MANAGEMENT
PLANS REQUIRED FOR ACQUISITION OF MAJOR SYSTEMS
IN NATIONAL INTELLIGENCE PROGRAM.
Section 102A(q)(1)(A) of the National Security Act of 1947
(50 U.S.C. 3024(q)(1)(A)) is amended by inserting ``security
risks,'' after ``schedule,''.
SEC. 307. PAID PARENTAL LEAVE.
(a) Purpose.--The purpose of this section is to--
(1) help the intelligence community recruit and retain a
dynamic, multi-talented, and diverse workforce capable of
meeting the security goals of the United States; and
(2) establish best practices and processes for other
elements of the Federal Government seeking to pursue similar
policies.
(b) Authorization of Paid Parental Leave for Intelligence
Community Employees.--
(1) In general.--Title III of the National Security Act of
1947 (50 U.S.C. 3071 et seq.) is amended by inserting after
section 304 the following:
``SEC. 305. PAID PARENTAL LEAVE.
``(a) Paid Parental Leave.--Notwithstanding any other
provision of law, a civilian employee of an element of the
intelligence community shall have available a total of 12
administrative workweeks of paid parental leave in the event
of the birth of a son or daughter to the employee, or
placement of a son or daughter with the employee for adoption
or foster care, and in order to care for such son or
daughter, to be used during the 12-month period beginning on
the date of the birth or placement.
``(b) Treatment of Parental Leave Request.--Notwithstanding
any other provision of law--
``(1) an element of the intelligence community shall
accommodate an employee's leave schedule request under
subsection (a), including a request to use such leave
intermittently or on a reduced leave schedule, to the extent
that the requested leave schedule does not unduly disrupt
agency operations; and
``(2) to the extent that an employee's requested leave
schedule as described in paragraph (1) is based on medical
necessity related to a serious health condition connected to
the birth of a son or daughter, the employing element shall
handle the scheduling consistent with the treatment of
employees who are using leave under subparagraph (C) or (D)
of section 6382(a)(1) of title 5, United States Code.
``(c) Rules Relating to Paid Leave.--Notwithstanding any
other provision of law--
``(1) an employee may not be required to first use all or
any portion of any unpaid leave available to the employee
before being allowed to use the paid parental leave described
in subsection (a); and
``(2) paid parental leave under subsection (a)--
``(A) shall be payable from any appropriation or fund
available for salaries or expenses for positions within the
employing element;
``(B) may not be considered to be annual or vacation leave
for purposes of section 5551 or 5552 of title 5, United
States Code, or for any other purpose;
``(C) if not used by the employee before the end of the 12-
month period described in subsection (a) to which the leave
relates, may not be available for any subsequent use and may
not be converted into a cash payment;
``(D) may be granted only to the extent that the employee
does not receive a total of more than 12 weeks of paid
parental leave in any 12-month period beginning on the date
of a birth or placement;
``(E) may not be granted--
``(i) in excess of a lifetime aggregate total of 30
administrative workweeks based on placements of a foster
child for any individual employee; or
``(ii) in connection with temporary foster care placements
expected to last less than 1 year;
``(F) may not be granted for a child being placed for
foster care or adoption if such leave was previously granted
to the same employee when the same child was placed with the
employee for foster care in the past;
``(G) shall be used in increments of hours (or fractions
thereof), with 12 administrative workweeks equal to 480 hours
for employees with a regular full-time work schedule and
converted to a proportional number of hours for employees
with part-time, seasonal, or uncommon tours of duty; and
``(H) may not be used during off-season (nonpay status)
periods for employees with seasonal work schedules.
``(d) Implementation Plan.--Not later than 1 year after the
date of enactment of this section, the Director of National
Intelligence shall provide the congressional intelligence
committees with an implementation plan that includes--
``(1) processes and procedures for implementing the paid
parental leave policies under subsections (a) through (c);
``(2) an explanation of how the implementation of
subsections (a) through (c) will be reconciled with policies
of other elements of the Federal Government, including the
impact on elements funded by the National Intelligence
Program that are housed within agencies outside the
intelligence community;
``(3) the projected impact of the implementation of
subsections (a) through (c) on the workforce of the
intelligence community, including take rates, retention,
recruiting, and morale, broken down by each element of the
intelligence community; and
``(4) all costs or operational expenses associated with the
implementation of subsections (a) through (c).
``(e) Directive.--Not later than 90 days after the Director
of National Intelligence submits the implementation plan
under subsection (d), the Director of National Intelligence
shall issue a written directive to implement this section,
which directive shall take effect on the date of issuance.
``(f) Annual Report.--The Director of National Intelligence
shall submit to the congressional intelligence committees an
annual report that--
``(1) details the number of employees of each element of
the intelligence community who applied for and took paid
parental leave under subsection (a) during the year covered
by the report; and
``(2) includes updates on major implementation challenges
or costs associated with paid parental leave.
``(g) Definition of Son or Daughter.--For purposes of this
section, the term `son or daughter' has the meaning given the
term in section 6381 of title 5, United States Code.''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of the National Security Act of
1947 (50 U.S.C. 3002) is amended by inserting after the item
relating to section 304 the following:
``Sec. 305. Paid parental leave.''.
(c) Applicability.--Section 305 of the National Security
Act of 1947, as added by subsection (b), shall apply with
respect to leave taken in connection with the birth or
placement of a son or daughter that occurs on or after the
date on which the Director of National Intelligence issues
the written directive under subsection (e) of such section
305.
Subtitle B--Office of the Director of National Intelligence
SEC. 311. EXCLUSIVITY, CONSISTENCY, AND TRANSPARENCY IN
SECURITY CLEARANCE PROCEDURES AND RIGHT TO
APPEAL.
(a) Exclusivity of Procedures.--Section 801 of the National
Security Act of 1947 (50 U.S.C. 3161) is amended by adding at
the end the following:
``(c) Exclusivity.--Except as provided in subsection (b)
and subject to sections 801A and 801B, the procedures
established pursuant to subsection (a) shall be the exclusive
procedures by which decisions about eligibility for access to
classified information are governed.''.
(b) Transparency.--Such section is further amended by
adding at the end the following:
``(d) Publication.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this subsection, the President shall--
``(A) publish in the Federal Register the procedures
established pursuant to subsection (a); or
``(B) submit to Congress a certification that the
procedures currently in effect that govern access to
classified information as described in subsection (a)--
``(i) are published in the Federal Register; and
``(ii) comply with the requirements of subsection (a).
``(2) Updates.--Whenever the President makes a revision to
a procedure established pursuant to subsection (a), the
President shall publish such revision in the Federal Register
not later than 30 days before the date on which the revision
becomes effective.''.
(c) Consistency.--
(1) In general.--Title VIII of the National Security Act of
1947 (50 U.S.C. 3161 et seq.) is amended by inserting after
section 801 the following:
``SEC. 801A. DECISIONS RELATING TO ACCESS TO CLASSIFIED
INFORMATION.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term `Executive agency' in section 105 of title 5, United
States Code.
``(2) Classified information.--The term `classified
information' includes sensitive compartmented information,
restricted data, restricted handling information, and other
compartmented information.
[[Page S3546]]
``(3) Eligibility for access to classified information.--
The term `eligibility for access to classified information'
has the meaning given such term in the procedures established
pursuant to section 801(a).
``(b) In General.--Each head of an agency that makes a
determination regarding eligibility for access to classified
information shall ensure that in making the determination,
the head of the agency or any person acting on behalf of the
agency--
``(1) does not violate any right or protection enshrined in
the Constitution of the United States, including rights
articulated in the First, Fifth, and Fourteenth Amendments;
``(2) does not discriminate for or against an individual on
the basis of race, color, religion, sex, national origin,
age, or handicap;
``(3) is not carrying out--
``(A) retaliation for political activities or beliefs; or
``(B) a coercion or reprisal described in section
2302(b)(3) of title 5, United States Code; and
``(4) does not violate section 3001(j)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(j)(1)).''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of the National Security Act of
1947 (50 U.S.C. 3002) is amended by inserting after the item
relating to section 801 the following:
``Sec. 801A. Decisions relating to access to classified information.''.
(d) Right to Appeal.--
(1) In general.--Such title, as amended by subsection (c),
is further amended by inserting after section 801A the
following:
``SEC. 801B. RIGHT TO APPEAL.
``(a) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term `Executive agency' in section 105 of title 5, United
States Code.
``(2) Covered person.--The term `covered person' means a
person, other than the President and Vice President,
currently or formerly employed in, detailed to, assigned to,
or issued an authorized conditional offer of employment for a
position that requires access to classified information by an
agency, including the following:
``(A) A member of the Armed Forces.
``(B) A civilian.
``(C) An expert or consultant with a contractual or
personnel obligation to an agency.
``(D) Any other category of person who acts for or on
behalf of an agency as determined by the head of the agency.
``(3) Eligibility for access to classified information.--
The term `eligibility for access to classified information'
has the meaning given such term in the procedures established
pursuant to section 801(a).
``(4) Need for access.--The term `need for access' has such
meaning as the President may define in the procedures
established pursuant to section 801(a).
``(5) Security executive agent.--The term `Security
Executive Agent' means the officer serving as the Security
Executive Agent pursuant to section 803.
``(b) Agency Review.--
``(1) In general.--Not later than 180 days after the date
of the enactment of the Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Year 2020,
each head of an agency shall, consistent with the interest of
national security, establish and publish in the Federal
Register a process by which a covered person to whom
eligibility for access to classified information was denied
or revoked by the agency can appeal that denial or revocation
within the agency.
``(2) Elements.--The process required by paragraph (1)
shall include the following:
``(A) In the case of a covered person to whom eligibility
for access to classified information is denied or revoked by
an agency, the following:
``(i) The head of the agency shall provide the covered
person with a written--
``(I) detailed explanation of the basis for the denial or
revocation as the head of the agency determines is consistent
with the interests of national security and as permitted by
other applicable provisions of law; and
``(II) notice of the right of the covered person to a
hearing and appeal under this subsection.
``(ii) Not later than 30 days after receiving a request
from the covered person for copies of the documents that
formed the basis of the agency's decision to revoke or deny,
including the investigative file, the head of the agency
shall provide to the covered person copies of such documents
as--
``(I) the head of the agency determines is consistent with
the interests of national security; and
``(II) permitted by other applicable provisions of law,
including--
``(aa) section 552 of title 5, United States Code (commonly
known as the `Freedom of Information Act');
``(bb) section 552a of such title (commonly known as the
`Privacy Act of 1974'); and
``(cc) such other provisions of law relating to the
protection of confidential sources and privacy of
individuals.
``(iii)(I) The covered person shall have the opportunity to
retain counsel or other representation at the covered
person's expense.
``(II) Upon the request of the covered person, and a
showing that the ability to review classified information is
essential to the resolution of an appeal under this
subsection, counsel or other representation retained under
this clause shall be considered for access to classified
information for the limited purposes of such appeal.
``(iv)(I) The head of the agency shall provide the covered
person an opportunity, at a point in the process determined
by the agency head--
``(aa) to appear personally before an adjudicative or other
authority, other than the investigating entity, and to
present to such authority relevant documents, materials, and
information, including evidence that past problems relating
to the denial or revocation have been overcome or
sufficiently mitigated; and
``(bb) to call and cross-examine witnesses before such
authority, unless the head of the agency determines that
calling and cross-examining witnesses is not consistent with
the interests of national security.
``(II) The head of the agency shall make, as part of the
security record of the covered person, a written summary,
transcript, or recording of any appearance under item (aa) of
subclause (I) or calling or cross-examining of witnesses
under item (bb) of such subclause.
``(v) On or before the date that is 30 days after the date
on which the covered person receives copies of documents
under clause (ii), the covered person may request a hearing
of the decision to deny or revoke by filing a written appeal
with the head of the agency.
``(B) A requirement that each review of a decision under
this subsection is completed on average not later than 180
days after the date on which a hearing is requested under
subparagraph (A)(v).
``(3) Agency review panels.--
``(A) In general.--Each head of an agency shall establish a
panel to hear and review appeals under this subsection.
``(B) Membership.--
``(i) Composition.--Each panel established by the head of
an agency under subparagraph (A) shall be composed of at
least three employees of the agency selected by the head, two
of whom shall not be members of the security field.
``(ii) Terms.--A term of service on a panel established by
the head of an agency under subparagraph (A) shall not exceed
2 years.
``(C) Decisions.--
``(i) Written.--Each decision of a panel established under
subparagraph (A) shall be in writing and contain a
justification of the decision.
``(ii) Consistency.--Each head of an agency that
establishes a panel under subparagraph (A) shall ensure that
each decision of the panel is consistent with the interests
of national security and applicable provisions of law.
``(iii) Overturn.--The head of an agency may overturn a
decision of the panel if, not later than 30 days after the
date on which the panel issues the decision, the agency head
personally exercises the authority granted by this clause to
overturn such decision.
``(iv) Finality.--Each decision of a panel established
under subparagraph (A) or overturned pursuant to clause (iii)
of this subparagraph shall be final but subject to appeal and
review under subsection (c).
``(D) Access to classified information.--The head of an
agency that establishes a panel under subparagraph (A) shall
afford access to classified information to the members of the
panel as the head determines--
``(i) necessary for the panel to hear and review an appeal
under this subsection; and
``(ii) consistent with the interests of national security.
``(4) Representation by counsel.--
``(A) In general.--Each head of an agency shall ensure
that, under this subsection, a covered person appealing a
decision of the head's agency under this subsection has an
opportunity to retain counsel or other representation at the
covered person's expense.
``(B) Access to classified information.--
``(i) In general.--Upon the request of a covered person
appealing a decision of an agency under this subsection and a
showing that the ability to review classified information is
essential to the resolution of the appeal under this
subsection, the head of the agency shall sponsor an
application by the counsel or other representation retained
under this paragraph for access to classified information for
the limited purposes of such appeal.
``(ii) Extent of access.--Counsel or another representative
who is cleared for access under this subparagraph may be
afforded access to relevant classified materials to the
extent consistent with the interests of national security.
``(5) Corrective action.--
``(A) In general.--If, in the course of proceedings under
this subsection, the head of an agency or a panel established
by the head under paragraph (3) decides that a covered
person's eligibility for access to classified information was
improperly denied or revoked by the agency, the agency shall
take corrective action to return the covered person, as
nearly as practicable and reasonable, to the position such
covered person would have held had the improper denial or
revocation not occurred.
``(B) Compensation.--Corrective action under subparagraph
(A) may include compensation, in an amount not to exceed
$300,000, for any loss of wages or benefits suffered, or
expenses otherwise incurred, by reason of such improper
denial or revocation.
``(6) Publication of decisions.--
``(A) In general.--Each head of an agency shall publish
each final decision on an appeal under this subsection.
``(B) Requirements.--In order to ensure transparency,
oversight by Congress, and
[[Page S3547]]
meaningful information for those who need to understand how
the clearance process works, each publication under
subparagraph (A) shall be--
``(i) made in a manner that is consistent with section 552
of title 5, United States Code, as amended by the Electronic
Freedom of Information Act Amendments of 1996 (Public Law
104-231);
``(ii) published to explain the facts of the case,
redacting personally identifiable information and sensitive
program information; and
``(iii) made available on a website that is searchable by
members of the public.
``(c) Higher Level Review.--
``(1) Panel.--
``(A) Establishment.--Not later than 180 days after the
date of the enactment of the Damon Paul Nelson and Matthew
Young Pollard Intelligence Authorization Act for Fiscal Year
2020, the Security Executive Agent shall establish a panel to
review decisions made on appeals pursuant to the processes
established under subsection (b).
``(B) Scope of review and jurisdiction.--After initial
review to verify grounds for appeal, the panel established
under subparagraph (A) shall review such decisions only--
``(i) as they relate to violations of section 801A(b); or
``(ii) to the extent to which an agency properly conducted
a review of an appeal under subsection (b).
``(C) Composition.--The panel established pursuant to
subparagraph (A) shall be composed of three individuals
selected by the Security Executive Agent for purposes of the
panel, of whom at least one shall be an attorney.
``(2) Appeals and timeliness.--
``(A) Appeals.--
``(i) Initiation.--On or before the date that is 30 days
after the date on which a covered person receives a written
decision on an appeal under subsection (b), the covered
person may initiate oversight of that decision by filing a
written appeal with the Security Executive Agent.
``(ii) Filing.--A written appeal filed under clause (i)
relating to a decision of an agency shall be filed in such
form, in such manner, and containing such information as the
Security Executive Agent may require, including--
``(I) a description of--
``(aa) any alleged violations of section 801A(b) relating
to the denial or revocation of the covered person's
eligibility for access to classified information; and
``(bb) any allegations of how the decision may have been
the result of the agency failing to properly conduct a review
under subsection (b); and
``(II) supporting materials and information for the
allegations described under subclause (I).
``(B) Timeliness.--The Security Executive Agent shall
ensure that, on average, review of each appeal filed under
this subsection is completed not later than 180 days after
the date on which the appeal is filed.
``(3) Decisions and remands.--
``(A) In general.--If, in the course of reviewing under
this subsection a decision of an agency under subsection (b),
the panel established under paragraph (1) decides that there
is sufficient evidence of a violation of section 801A(b) to
merit a new hearing or decides that the decision of the
agency was the result of an improperly conducted review under
subsection (b), the panel shall vacate the decision made
under subsection (b) and remand to the agency by which the
covered person shall be eligible for a new appeal under
subsection (b).
``(B) Written decisions.--Each decision of the panel
established under paragraph (1) shall be in writing and
contain a justification of the decision.
``(C) Consistency.--The panel under paragraph (1) shall
ensure that each decision of the panel is consistent with the
interests of national security and applicable provisions of
law.
``(D) Finality.--
``(i) In general.--Except as provided in clause (ii), each
decision of the panel established under paragraph (1) shall
be final.
``(ii) Overturn.--The Security Executive Agent may overturn
a decision of the panel if, not later than 30 days after the
date on which the panel issues the decision, the Security
Executive Agent personally exercises the authority granted by
this clause to overturn such decision.
``(E) Nature of remands.--In remanding a decision under
subparagraph (A), the panel established under paragraph (1)
may not direct the outcome of any further appeal under
subsection (b).
``(F) Notice of decisions.--For each decision of the panel
established under paragraph (1) regarding a covered person,
the Security Executive Agent shall provide the covered person
with a written notice of the decision that includes a
detailed description of the reasons for the decision,
consistent with the interests of national security and
applicable provisions of law.
``(4) Representation by counsel.--
``(A) In general.--The Security Executive Agent shall
ensure that, under this subsection, a covered person
appealing a decision under subsection (b) has an opportunity
to retain counsel or other representation at the covered
person's expense.
``(B) Access to classified information.--
``(i) In general.--Upon the request of the covered person
and a showing that the ability to review classified
information is essential to the resolution of an appeal under
this subsection, the Security Executive Agent shall sponsor
an application by the counsel or other representation
retained under this paragraph for access to classified
information for the limited purposes of such appeal.
``(ii) Extent of access.--Counsel or another representative
who is cleared for access under this subparagraph may be
afforded access to relevant classified materials to the
extent consistent with the interests of national security.
``(5) Access to documents and employees.--
``(A) Affording access to members of panel.--The Security
Executive Agent shall afford access to classified information
to the members of the panel established under paragraph
(1)(A) as the Security Executive Agent determines--
``(i) necessary for the panel to review a decision
described in such paragraph; and
``(ii) consistent with the interests of national security.
``(B) Agency compliance with requests of panel.--Each head
of an agency shall comply with each request by the panel for
a document and each request by the panel for access to
employees of the agency necessary for the review of an appeal
under this subsection, to the degree that doing so is, as
determined by the head of the agency and permitted by
applicable provisions of law, consistent with the interests
of national security.
``(6) Publication of decisions.--
``(A) In general.--For each final decision on an appeal
under this subsection, the head of the agency with respect to
which the appeal pertains and the Security Executive Agent
shall each publish the decision, consistent with the
interests of national security.
``(B) Requirements.--In order to ensure transparency,
oversight by Congress, and meaningful information for those
who need to understand how the clearance process works, each
publication under subparagraph (A) shall be--
``(i) made in a manner that is consistent with section 552
of title 5, United States Code, as amended by the Electronic
Freedom of Information Act Amendments of 1996 (Public Law
104-231);
``(ii) published to explain the facts of the case,
redacting personally identifiable information and sensitive
program information; and
``(iii) made available on a website that is searchable by
members of the public.
``(d) Period of Time for the Right to Appeal.--
``(1) In general.--Except as provided in paragraph (2), any
covered person who has been the subject of a decision made by
the head of an agency to deny or revoke eligibility for
access to classified information shall retain all rights to
appeal under this section until the conclusion of the appeal
process under this section.
``(2) Waiver of rights.--
``(A) Persons.--Any covered person may voluntarily waive
the covered person's right to appeal under this section and
such waiver shall be conclusive.
``(B) Agencies.--The head of an agency may not require a
covered person to waive the covered person's right to appeal
under this section for any reason.
``(e) Waiver of Availability of Procedures for National
Security Interest.--
``(1) In general.--If the head of an agency determines that
a procedure established under this section cannot be made
available to a covered person in an exceptional case without
damaging a national security interest of the United States by
revealing classified information, such procedure shall not be
made available to such covered person.
``(2) Finality.--A determination under paragraph (1) shall
be final and conclusive and may not be reviewed by any other
official or by any court.
``(3) Reporting.--
``(A) Case-by-case.--
``(i) In general.--In each case in which the head of an
agency determines under paragraph (1) that a procedure
established under this section cannot be made available to a
covered person, the head shall, not later than 30 days after
the date on which the head makes such determination, submit
to the Security Executive Agent and to the congressional
intelligence committees a report stating the reasons for the
determination.
``(ii) Form.--A report submitted under clause (i) may be
submitted in classified form as necessary.
``(B) Annual reports.--
``(i) In general.--Not less frequently than once each
fiscal year, the Security Executive Agent shall submit to the
congressional intelligence committees a report on the
determinations made under paragraph (1) during the previous
fiscal year.
``(ii) Contents.--Each report submitted under clause (i)
shall include, for the period covered by the report, the
following:
``(I) The number of cases and reasons for determinations
made under paragraph (1), disaggregated by agency.
``(II) Such other matters as the Security Executive Agent
considers appropriate.
``(f) Denials and Revocations Under Other Provisions of
Law.--
``(1) Rule of construction.--Nothing in this section shall
be construed to limit or affect the responsibility and power
of the head of an agency to deny or revoke eligibility for
access to classified information in the interest of national
security.
[[Page S3548]]
``(2) Denials and revocation.--The power and responsibility
to deny or revoke eligibility for access to classified
information pursuant to any other provision of law or
Executive order may be exercised only when the head of an
agency determines that an applicable process established
under this section cannot be invoked in a manner that is
consistent with national security.
``(3) Finality.--A determination under paragraph (2) shall
be final and conclusive and may not be reviewed by any other
official or by any court.
``(4) Reporting.--
``(A) Case-by-case.--
``(i) In general.--In each case in which the head of an
agency determines under paragraph (2) that determination
relating to a denial or revocation of eligibility for access
to classified information could not be made pursuant to a
process established under this section, the head shall, not
later than 30 days after the date on which the head makes
such determination under paragraph (2), submit to the
Security Executive Agent and to the congressional
intelligence committees a report stating the reasons for the
determination.
``(ii) Form.--A report submitted under clause (i) may be
submitted in classified form as necessary.
``(B) Annual reports.--
``(i) In general.--Not less frequently than once each
fiscal year, the Security Executive Agent shall submit to the
congressional intelligence committees a report on the
determinations made under paragraph (2) during the previous
fiscal year.
``(ii) Contents.--Each report submitted under clause (i)
shall include, for the period covered by the report, the
following:
``(I) The number of cases and reasons for determinations
made under paragraph (2), disaggregated by agency.
``(II) Such other matters as the Security Executive Agent
considers appropriate.
``(g) Relationship to Suitability.--No person may use a
determination of suitability under part 731 of title 5, Code
of Federal Regulations, or successor regulation, for the
purpose of denying a covered person the review proceedings of
this section where there has been a denial or revocation of
eligibility for access to classified information.
``(h) Preservation of Roles and Responsibilities Under
Executive Order 10865 and of the Defense Office of Hearings
and Appeals.--Nothing in this section shall be construed to
diminish or otherwise affect the procedures in effect on the
day before the date of the enactment of this Act for denial
and revocation procedures provided to individuals by
Executive Order 10865 (50 U.S.C. 3161 note; relating to
safeguarding classified information within industry), or
successor order, including those administered through the
Defense Office of Hearings and Appeals of the Department of
Defense under Department of Defense Directive 5220.6, or
successor directive.
``(i) Rule of Construction Relating to Certain Other
Provisions of Law.--This section and the processes and
procedures established under this section shall not be
construed to apply to paragraphs (6) and (7) of section
3001(j) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (50 U.S.C. 3341(j)).''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of the National Security Act of
1947 (50 U.S.C. 3002), as amended by subsection (c), is
further amended by inserting after the item relating to
section 801A the following:
``Sec. 801B. Right to appeal.''.
SEC. 312. LIMITATION ON TRANSFER OF NATIONAL INTELLIGENCE
UNIVERSITY.
(a) Limitation.--Neither the Secretary of Defense nor the
Director of National Intelligence may commence any activity
to transfer the National Intelligence University out of the
Defense Intelligence Agency until the Secretary and the
Director jointly certify each of the following:
(1) The National Intelligence University has positively
adjudicated its warning from the Middle States Commission on
Higher Education and had its regional accreditation fully
restored.
(2) The National Intelligence University will serve as the
exclusive means by which advanced intelligence education is
provided to personnel of the Department of Defense.
(3) Military personnel will receive joint professional
military education from a National Intelligence University
location at a non-Department of Defense agency.
(4) The Department of Education will allow the Office of
the Director of National Intelligence to grant advanced
educational degrees.
(5) A governance model jointly led by the Director and the
Secretary of Defense is in place for the National
Intelligence University.
(b) Cost Estimates.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate; and
(C) the Committee on Armed Services of the House of
Representatives.
(2) In general.--Before commencing any activity to transfer
the National Intelligence University out of the Defense
Intelligence Agency, the Secretary of Defense and the
Director of National Intelligence shall jointly submit to the
appropriate committees of Congress an estimate of the direct
and indirect costs of operating the National Intelligence
University and the costs of transferring the National
Intelligence University to another agency.
(3) Contents.--The estimate submitted under paragraph (2)
shall include all indirect costs, including with respect to
human resources, security, facilities, and information
technology.
SEC. 313. IMPROVING VISIBILITY INTO THE SECURITY CLEARANCE
PROCESS.
(a) Definition of Security Executive Agent.--In this
section, the term ``Security Executive Agent'' means the
officer serving as the Security Executive Agent pursuant to
section 803 of the National Security Act of 1947, as added by
section 605 of division B.
(b) Policy Required.--Not later than 90 days after the date
of the enactment of this Act, the Security Executive Agent
shall issue a policy that requires the head of each Federal
agency to create, not later than December 31, 2023, an
electronic portal that can be used by human resources
personnel and applicants for security clearances to view
information about the status of an application for a security
clearance and the average time required for each phase of the
security clearance process.
SEC. 314. MAKING CERTAIN POLICIES AND EXECUTION PLANS
RELATING TO PERSONNEL CLEARANCES AVAILABLE TO
INDUSTRY PARTNERS.
(a) Definitions.--In this section:
(1) Appropriate industry partner.--The term ``appropriate
industry partner'' means a contractor, licensee, or grantee
(as defined in section 101(a) of Executive Order 12829 (50
U.S.C. 3161 note; relating to National Industrial Security
Program), as in effect on the day before the date of the
enactment of this Act) that is participating in the National
Industrial Security Program established by such Executive
Order.
(2) Security executive agent.--The term ``Security
Executive Agent'' means the officer serving as the Security
Executive Agent pursuant to section 803 of the National
Security Act of 1947, as added by section 605 of division B.
(b) Sharing of Policies and Plans Required.--Each head of a
Federal agency shall share policies and plans relating to
security clearances with appropriate industry partners
directly affected by such policies and plans in a manner
consistent with the protection of national security as well
as the goals and objectives of the National Industrial
Security Program administered pursuant to Executive Order
12829 (50 U.S.C. 3161 note; relating to the National
Industrial Security Program).
(c) Development of Policies and Procedures Required.--Not
later than 90 days after the date of the enactment of this
Act, the Security Executive Agent and the Director of the
National Industrial Security Program shall jointly develop
policies and procedures by which appropriate industry
partners with proper security clearances and a need to know
can have appropriate access to the policies and plans shared
pursuant to subsection (b) that directly affect those
industry partners.
Subtitle C--Inspector General of the Intelligence Community
SEC. 321. DEFINITIONS.
In this subtitle:
(1) Whistleblower.--The term ``whistleblower'' means a
person who makes a whistleblower disclosure.
(2) Whistleblower disclosure.--The term ``whistleblower
disclosure'' means a disclosure that is protected under
section 1104 of the National Security Act of 1947 (50 U.S.C.
3234) or section 3001(j)(1) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)).
SEC. 322. INSPECTOR GENERAL EXTERNAL REVIEW PANEL.
(a) Authority to Convene External Review Panels.--
(1) In general.--Title XI of the National Security Act of
1947 (50 U.S.C. 3231 et seq.) is amended by adding at the end
the following new section:
``SEC. 1105. INSPECTOR GENERAL EXTERNAL REVIEW PANEL.
``(a) Request for Review.--An individual with a claim
described in subsection (b) may submit to the Inspector
General of the Intelligence Community a request for a review
of such claim by an external review panel convened under
subsection (c).
``(b) Claims and Individuals Described.--A claim described
in this subsection is any--
``(1) claim by an individual--
``(A) that the individual has been subjected to a personnel
action that is prohibited under section 1104; and
``(B) who has exhausted the applicable review process for
the claim pursuant to enforcement of such section; or
``(2) claim by an individual--
``(A) that he or she has been subjected to a reprisal
prohibited by paragraph (1) of section 3001(j) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(j)); and
``(B) who received a decision on an appeal regarding that
claim under paragraph (4) of such section.
``(c) External Review Panel Convened.--
``(1) Discretion to convene.--Upon receipt of a request
under subsection (a) regarding a claim, the Inspector General
of the Intelligence Community may, at the discretion of
[[Page S3549]]
the Inspector General, convene an external review panel under
this subsection to review the claim.
``(2) Membership.--
``(A) Composition.--An external review panel convened under
this subsection shall be composed of three members as
follows:
``(i) The Inspector General of the Intelligence Community.
``(ii) Except as provided in subparagraph (B), two members
selected by the Inspector General as the Inspector General
considers appropriate on a case-by-case basis from among
inspectors general of the following:
``(I) The Department of Defense.
``(II) The Department of Energy.
``(III) The Department of Homeland Security.
``(IV) The Department of Justice.
``(V) The Department of State.
``(VI) The Department of the Treasury.
``(VII) The Central Intelligence Agency.
``(VIII) The Defense Intelligence Agency.
``(IX) The National Geospatial-Intelligence Agency.
``(X) The National Reconnaissance Office.
``(XI) The National Security Agency.
``(B) Limitation.--An inspector general of an agency may
not be selected to sit on the panel under subparagraph
(A)(ii) to review any matter relating to a decision made by
such agency.
``(C) Chairperson.--
``(i) In general.--Except as provided in clause (ii), the
chairperson of any panel convened under this subsection shall
be the Inspector General of the Intelligence Community.
``(ii) Conflicts of interest.--If the Inspector General of
the Intelligence Community finds cause to recuse himself or
herself from a panel convened under this subsection, the
Inspector General of the Intelligence Community shall--
``(I) select a chairperson from inspectors general of the
elements listed under subparagraph (A)(ii) whom the Inspector
General of the Intelligence Community considers appropriate;
and
``(II) notify the congressional intelligence committees of
such selection.
``(3) Period of review.--Each external review panel
convened under this subsection to review a claim shall
complete review of the claim no later than 270 days after the
date on which the Inspector General convenes the external
review panel.
``(d) Remedies.--
``(1) Panel recommendations.--If an external review panel
convened under subsection (c) determines, pursuant to a
review of a claim submitted by an individual under subsection
(a), that the individual was the subject of a personnel
action prohibited under section 1104 or was subjected to a
reprisal prohibited by section 3001(j)(1) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (50 U.S.C.
3341(j)(1)), the panel may recommend that the agency head
take corrective action--
``(A) in the case of an employee or former employee--
``(i) to return the employee or former employee, as nearly
as practicable and reasonable, to the position such employee
or former employee would have held had the reprisal not
occurred; or
``(ii) reconsider the employee's or former employee's
eligibility for access to classified information consistent
with national security; or
``(B) in any other case, such other action as the external
review panel considers appropriate.
``(2) Agency action.--
``(A) In general.--Not later than 90 days after the date on
which the head of an agency receives a recommendation from an
external review panel under paragraph (1), the head shall--
``(i) give full consideration to such recommendation; and
``(ii) inform the panel and the Director of National
Intelligence of what action the head has taken with respect
to the recommendation.
``(B) Failure to inform.--The Director shall notify the
President of any failures to comply with subparagraph
(A)(ii).
``(e) Annual Reports.--
``(1) In general.--Not less frequently than once each year,
the Inspector General of the Intelligence Community shall
submit to the congressional intelligence committees and the
Director of National Intelligence a report on the activities
under this section during the previous year.
``(2) Contents.--Subject to such limitations as the
Inspector General of the Intelligence Community considers
necessary to protect the privacy of an individual who has
made a claim described in subsection (b), each report
submitted under paragraph (1) shall include, for the period
covered by the report, the following:
``(A) The determinations and recommendations made by the
external review panels convened under this section.
``(B) The responses of the heads of agencies that received
recommendations from the external review panels.''.
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947 is
amended by adding at the end the following new item:
``Sec. 1105. Inspector General external review panel.''.
(b) Recommendation on Addressing Whistleblower Appeals
Relating to Reprisal Complaints Against Inspectors General.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Inspector General of the
Intelligence Community shall submit to the congressional
intelligence committees a recommendation on how to ensure
that--
(A) a whistleblower in the intelligence community who has a
complaint against an inspector general in the intelligence
community and who alleges a reprisal, has available the
agency adjudication and appellate review provided under
section 1104 of the National Security Act of 1947 (50 U.S.C.
3234); and
(B) any such whistleblower who has exhausted the applicable
review process may request an external review panel and
receive one, at the discretion of the Inspector General of
the Intelligence Community.
(2) Contents.--The recommendation submitted pursuant to
paragraph (1) shall include the following:
(A) A discussion of whether and to what degree section 1105
of the National Security Act of 1947, as added by subsection
(a)(1), provides appropriate authorities and mechanisms to
provide an external review panel as described in paragraph
(1) of this subsection and for the purposes described in such
paragraph.
(B) Such recommendations for legislative or administrative
action as the Inspector General may have with respect to
providing an external review panel as described in paragraph
(1) and for the purposes described in such paragraph.
SEC. 323. HARMONIZATION OF WHISTLEBLOWER PROCESSES AND
PROCEDURES.
(a) In General.--Not later than 270 days after the date of
the enactment of this Act, the Inspector General of the
Intelligence Community, in coordination with the Intelligence
Community Inspectors General Forum, shall develop
recommendations, applicable to all inspectors general of
elements of the intelligence community, regarding the
harmonization of instructions, policies, and directives
relating to processes, procedures, and timelines for claims
and appeals relating to allegations of personnel actions
prohibited under section 1104 of the National Security Act of
1947 or reprisals prohibited by section 3001(j)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (50
U.S.C. 3341(j)(1)).
(b) Transparency and Protection.--In developing
recommendations under subsection (a), the Inspector General
of the Intelligence Community shall make efforts to maximize
transparency and protect whistleblowers.
SEC. 324. INTELLIGENCE COMMUNITY OVERSIGHT OF AGENCY
WHISTLEBLOWER ACTIONS.
(a) Feasibility Study.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Inspector General of the
Intelligence Community, in consultation with the Intelligence
Community Inspectors General Forum, shall complete a
feasibility study on establishing a hotline whereby all
complaints of whistleblowers relating to the intelligence
community are automatically referred to the Inspector General
of the Intelligence Community.
(2) Elements.--The feasibility study conducted pursuant to
paragraph (1) shall include the following:
(A) The anticipated number of annual whistleblower
complaints received by all elements of the intelligence
community.
(B) The additional resources required to implement the
hotline, including personnel and technology.
(C) The resulting budgetary effects.
(D) Findings from the system established pursuant to
subsection (b).
(b) Oversight System Required.--Not later than 180 days
after the date of the enactment of this Act, the Inspector
General of the Intelligence Community shall establish a
system whereby the Inspector General is provided, in near
real time, the following:
(1) All information relating to complaints by
whistleblowers relating to the programs and activities under
the jurisdiction of the Director of National Intelligence.
(2) Any inspector general actions relating to such
complaints.
(c) Privacy Protections.--
(1) Policies and procedures required.--Before establishing
the system required by subsection (b), the Inspector General
of the Intelligence Community shall establish policies and
procedures to protect the privacy of whistleblowers and
protect against further dissemination of whistleblower
information without consent of the whistleblower.
(2) Control of distribution.--The system established under
subsection (b) shall provide whistleblowers the option of
prohibiting distribution of their complaints to the Inspector
General of the Intelligence Community.
SEC. 325. REPORT ON CLEARED WHISTLEBLOWER ATTORNEYS.
(a) Report Required.--Not later than 1 year after the date
of the enactment of this Act, the Inspector General of the
Intelligence Community shall submit to the congressional
intelligence committees a report on access to cleared
attorneys by whistleblowers in the intelligence community.
(b) Contents.--The report submitted pursuant to subsection
(a) shall include the following:
(1) The number of whistleblowers in the intelligence
community who sought to retain a cleared attorney and at what
stage they sought such an attorney.
(2) For the 3-year period preceding the report, the
following:
(A) The number of limited security agreements (LSAs).
[[Page S3550]]
(B) The scope and clearance levels of such limited security
agreements.
(C) The number of whistleblowers represented by cleared
counsel.
(3) Recommendations for legislative or administrative
action to ensure that whistleblowers in the intelligence
community have access to cleared attorneys, including
improvements to the limited security agreement process and
such other options as the Inspector General of the
Intelligence Community considers appropriate.
(c) Survey.--The Inspector General of the Intelligence
Community shall ensure that the report submitted under
subsection (a) is based on--
(1) data from a survey of whistleblowers whose claims are
reported to the Inspector General of the Intelligence
Community by means of the oversight system established
pursuant to section 324;
(2) information obtained from the inspectors general of the
intelligence community; or
(3) information from such other sources as may be
identified by the Inspector General of the Intelligence
Community.
TITLE IV--REPORTS AND OTHER MATTERS
SEC. 401. STUDY ON FOREIGN EMPLOYMENT OF FORMER PERSONNEL OF
INTELLIGENCE COMMUNITY.
(a) Study.--The Director of National Intelligence, in
coordination with the Secretary of Defense and the Secretary
of State, shall conduct a study of matters relating to the
foreign employment of former personnel of the intelligence
community.
(b) Elements.--The study conducted pursuant to subsection
(a) shall address the following:
(1) Issues that pertain to former employees of the
intelligence community working with, or in support of,
foreign governments, and the nature and scope of those
concerns.
(2) Such legislative or administrative action as may be
necessary for both front-end screening and in-progress
oversight by the Director of Defense Trade Controls of
licenses issued by the Director for former employees of the
intelligence community working for foreign governments.
(3) How increased requirements could be imposed for
periodic compliance reporting when licenses are granted for
companies or organizations that employ former personnel of
the intelligence community to execute contracts with foreign
governments.
(c) Report and Plan.--
(1) Definition of appropriate committees of congress.--In
this subsection, the term ``appropriate committees of
Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate; and
(C) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives.
(2) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress--
(A) a report on the findings of the Director with respect
to the study conducted pursuant to subsection (a); and
(B) a plan to carry out such administrative actions as the
Director considers appropriate pursuant to the findings
described in subparagraph (A).
SEC. 402. COMPREHENSIVE ECONOMIC ASSESSMENT OF INVESTMENT IN
KEY UNITED STATES TECHNOLOGIES BY COMPANIES OR
ORGANIZATIONS LINKED TO CHINA.
(a) Assessment Required.--Not later than 90 days after the
date of the enactment of this Act, the Director of National
Intelligence, in coordination with the Director of the
National Counterintelligence and Security Center, the
Director of the Federal Bureau of Investigation, the Director
of the Central Intelligence Agency, the Secretary of the
Treasury, and the heads of such other Federal agencies as the
Director of National Intelligence considers appropriate,
shall submit to the congressional intelligence committees a
comprehensive economic assessment of investment in key United
States technologies, including emerging technologies, by
companies or organizations linked to China, including the
implications of these investments for the national security
of the United States.
(b) Form of Assessment.--The assessment submitted under
subsection (a) shall be submitted in unclassified form, but
may include a classified annex.
SEC. 403. ANALYSIS OF AND PERIODIC BRIEFINGS ON MAJOR
INITIATIVES OF INTELLIGENCE COMMUNITY IN
ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING.
(a) Analysis.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall, in coordination with the heads of such
elements of the intelligence community as the Director
considers appropriate--
(A) complete a comprehensive analysis of the major
initiatives of the intelligence community in artificial
intelligence and machine learning; and
(B) submit to the congressional intelligence committees a
report on the findings of the Director with respect to the
analysis conducted pursuant to subparagraph (A).
(2) Elements.--The analysis conducted under paragraph
(1)(A) shall include analyses of how the initiatives
described in such paragraph--
(A) correspond with the strategy of the intelligence
community entitled ``Augmenting Intelligence Using
Machines'';
(B) complement each other and avoid unnecessary
duplication;
(C) are coordinated with the efforts of the Defense
Department on artificial intelligence, including efforts at
the Joint Artificial Intelligence Center (JAIC) and Project
Maven; and
(D) leverage advances in artificial intelligence and
machine learning in the private sector.
(b) Periodic Briefings.--Not later than 30 days after the
date of the enactment of this Act, not less frequently than
twice each year thereafter until the date that is 2 years
after the date of the enactment of this Act, and not less
frequently than once each year thereafter until the date that
is 7 years after the date of the enactment of this Act, the
Director and the Chief Information Officer of the Department
of Defense shall jointly provide to the congressional
intelligence committees and congressional defense committees
(as defined in section 101 of title 10, United States Code)
briefings with updates on activities relating to, and the
progress of, their respective artificial intelligence and
machine learning initiatives, particularly the Augmenting
Intelligence Using Machines initiative and the Joint
Artificial Intelligence Center.
SEC. 404. ENCOURAGING COOPERATIVE ACTIONS TO DETECT AND
COUNTER FOREIGN INFLUENCE OPERATIONS.
(a) Findings.--Congress makes the following findings:
(1) The Russian Federation, through military intelligence
units, also known as the ``GRU'', and Kremlin-linked troll
organizations often referred to as the ``Internet Research
Agency'', deploy information warfare operations against the
United States, its allies and partners, with the goal of
advancing the strategic interests of the Russian Federation.
(2) One line of effort deployed as part of these
information warfare operations is the weaponization of social
media platforms with the goals of intensifying societal
tensions, undermining trust in governmental institutions
within the United States, its allies and partners in the
West, and generally sowing division, fear, and confusion.
(3) These information warfare operations are a threat to
the national security of the United States and that of the
allies and partners of the United States. As Director of
National Intelligence Dan Coats stated, ``These actions are
persistent, they are pervasive and they are meant to
undermine America's democracy.''.
(4) These information warfare operations continue to evolve
and increase in sophistication.
(5) Other foreign adversaries and hostile non-state actors
will increasingly adopt similar tactics of deploying
information warfare operations against the West.
(6) Technological advances, including artificial
intelligence, will only make it more difficult in the future
to detect fraudulent accounts, deceptive material posted on
social media, and malign behavior on social media platforms.
(7) Because these information warfare operations are
deployed within and across private social media platforms,
the companies that own these platforms have a responsibility
to detect and remove foreign adversary networks operating
clandestinely on their platforms.
(8) The social media companies are inherently
technologically sophisticated and adept at rapidly analyzing
large amounts of data and developing software-based solutions
to diverse and ever-changing challenges on their platforms,
which makes them well-equipped to address the threat
occurring on their platforms.
(9) Independent analyses confirmed Kremlin-linked threat
networks, based on data provided by several social media
companies to the Select Committee on Intelligence of the
Senate, thereby demonstrating that it is possible to discern
both broad patterns of cross-platform information warfare
operations and specific fraudulent behavior on social media
platforms.
(10) General Paul Nakasone, Director of the National
Security Agency, emphasized the importance of these
independent analyses to the planning and conduct of military
cyber operations to frustrate Kremlin-linked information
warfare operations against the 2018 mid-term elections.
General Nakasone stated that the reports ``were very, very
helpful in terms of being able to understand exactly what our
adversary was trying to do to build dissent within our
nation.''.
(11) Institutionalizing ongoing robust, independent, and
vigorous analysis of data related to foreign threat networks
within and across social media platforms will help counter
ongoing information warfare operations against the United
States, its allies, and its partners.
(12) Archiving and disclosing to the public the results of
these analyses by the social media companies and trusted
third-party experts in a transparent manner will serve to
demonstrate that the social media companies are detecting and
removing foreign malign activities from their platforms while
protecting the privacy of the people of the
[[Page S3551]]
United States and will build public understanding of the
scale and scope of these foreign threats to our democracy,
since exposure is one of the most effective means to build
resilience.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) the social media companies should cooperate among
themselves and with independent organizations and researchers
on a sustained and regular basis to share and analyze data
and indicators relevant to foreign information warfare
operations within and across their platforms in order to
detect and counter foreign information warfare operations
that threaten the national security of the United States and
its allies and partners;
(2) these analytic efforts should be organized in such a
fashion as to meet the highest standards of ethics,
confidentiality, and privacy protection of the people of the
United States;
(3) these analytic efforts should be undertaken as soon as
possible to facilitate countering ongoing Kremlin, Kremlin-
linked, and other foreign information warfare operations and
to aid in preparations for the United States presidential and
congressional elections in 2020 and beyond;
(4) the structure and operations of social media companies
make them well positioned to address foreign adversary threat
networks within and across their platforms, and these efforts
could be conducted without direct Government involvement,
direction, or regulation; and
(5) if the social media industry fails to take sufficient
action to address foreign adversary threat networks operating
within or across their platforms, Congress would have to
consider additional safeguards for ensuring that this threat
is effectively mitigated.
(c) Authority to Facilitate Establishment of Social Media
Data Analysis Center.--
(1) Authority.--The Director of National Intelligence, in
coordination with the Secretary of Defense, may facilitate,
by grant or contract or under an existing authority of the
Director, the establishment of a Social Media Data Analysis
Center with the functions described in paragraph (2) at an
independent, nonprofit organization.
(2) Functions.--The functions described in this paragraph
are the following:
(A) Acting as a convening and sponsoring authority for
cooperative social media data analysis of foreign threat
networks involving social media companies and third-party
experts, nongovernmental organizations, data journalists,
federally funded research and development centers, and
academic researchers.
(B) Facilitating analysis within and across the individual
social media platforms for the purpose of detecting,
exposing, and countering clandestine foreign influence
operations and related unlawful activities that fund or
subsidize such operations.
(C) Developing processes to share information from
government entities on foreign influence operations with the
individual social media companies to inform threat analysis,
and working with the Office of the Director of National
Intelligence as appropriate.
(D) Determining and making public criteria for identifying
which companies, organizations, or researchers qualify for
inclusion in the activities of the Center, and inviting
entities that fit the criteria to join.
(E) Determining jointly with the social media companies
what data and metadata related to indicators of foreign
adversary threat networks from their platforms and business
operations will be made available for access and analysis.
(F) Developing and making public the criteria and standards
that must be met for companies, other organizations, and
individual researchers to access and analyze data relating to
foreign adversary threat networks within and across social
media platforms and publish or otherwise use the results.
(G) Developing and making public the ethical standards for
investigation of foreign threat networks and use of analytic
results and for protection of the privacy of the customers
and users of the social media platforms and of the
proprietary information of the social media companies.
(H) Developing technical, contractual, and procedural
controls to prevent misuse of data, including any necessary
auditing procedures, compliance checks, and review
mechanisms.
(I) Developing and making public criteria and conditions
under which the Center shall share information with the
appropriate Government agencies regarding threats to national
security from, or violations of the law involving, foreign
activities on social media platforms.
(J) Developing a searchable, public archive aggregating
information related to foreign influence and disinformation
operations to build a collective understanding of the threats
and facilitate future examination consistent with privacy
protections.
(d) Reporting and Notifications.--If the Director of
National Intelligence chooses to use funds under subsection
(c)(1) to facilitate the establishment of the Center, the
Director of the Center shall--
(1) not later than March 1, 2020, submit to Congress a
report on--
(A) the estimated funding needs of the Center for fiscal
year 2021 and for subsequent years;
(B) such statutory protections from liability as the
Director considers necessary for the Center, participating
social media companies, and participating third-party
analytical participants;
(C) such statutory penalties as the Director considers
necessary to ensure against misuse of data by researchers;
and
(D) such changes to the Center's mission to fully capture
broader unlawful activities that intersect with, complement,
or support information warfare tactics; and
(2) not less frequently than once each year, submit to the
Director of National Intelligence, the Secretary of Defense,
and the appropriate congressional committees a report--
(A) that assesses--
(i) degree of cooperation and commitment from the social
media companies to the mission of the Center; and
(ii) effectiveness of the Center in detecting and removing
clandestine foreign information warfare operations from
social media platforms; and
(B) includes such recommendations for legislative or
administrative action as the Center considers appropriate to
carry out the functions of the Center.
(e) Periodic Reporting to the Public.--The Director of the
Center shall--
(1) once each quarter, make available to the public a
report on key trends in foreign influence and disinformation
operations, including any threats to campaigns and elections,
to inform the public of the United States; and
(2) as the Director considers necessary, provide more
timely assessments relating to ongoing disinformation
campaigns.
(f) Funding.--Of the amounts appropriated or otherwise made
available to the National Intelligence Program (as defined in
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)) in fiscal year 2020 and 2021, the Director of National
Intelligence may use up to $30,000,000 to carry out this
section.
(g) Definition of Appropriate Congressional Committees.--In
this section, the term ``appropriate congressional
committees'' means--
(1) the Committee on Armed Services of the Senate;
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(3) the Committee on Foreign Relations of the Senate;
(4) the Committee on the Judiciary of the Senate;
(5) the Select Committee on Intelligence of the Senate;
(6) the Committee on Armed Services of the House of
Representatives;
(7) the Committee on Homeland Security of the House of
Representatives;
(8) the Committee on Foreign Affairs of the House of
Representatives;
(9) the Committee on the Judiciary of the House of
Representatives; and
(10) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 405. OVERSIGHT OF FOREIGN INFLUENCE IN ACADEMIA.
(a) Definitions.--In this section:
(1) Covered institution of higher education.--The term
``covered institution of higher education'' means an
institution described in section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002) that receives Federal funds in
any amount and for any purpose.
(2) Sensitive research subject.--The term ``sensitive
research subject'' means a subject of research that is
carried out at a covered institution of higher education that
receives funds that were appropriated for--
(A) the National Intelligence Program; or
(B) any Federal agency the Director of National
Intelligence deems appropriate.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act and not less frequently
than once each year thereafter, the Director of National
Intelligence, in consultation with such elements of the
intelligence community as the Director considers appropriate
and consistent with the privacy protections afforded to
United States persons, shall submit to congressional
intelligence committees a report on risks to sensitive
research subjects posed by foreign entities in order to
provide Congress and covered institutions of higher education
with more complete information on these risks and to help
ensure academic freedom.
(c) Contents.--The report required by subsection (b) shall
include the following:
(1) A list of sensitive research subjects that could affect
national security.
(2) A list of foreign entities, including governments,
corporations, nonprofit organizations and for-profit
organizations, and any subsidiary or affiliate of such an
entity, that the Director determines pose a
counterintelligence, espionage (including economic
espionage), or other national security threats with respect
to sensitive research subjects.
(3) A list of any known or suspected attempts by foreign
entities to exert pressure on covered institutions of higher
education, including attempts to limit freedom of speech,
propagate misinformation or disinformation, or to influence
professors, researchers, or students.
(4) Recommendations for collaboration between covered
institutions of higher education and the intelligence
community to mitigate threats to sensitive research subjects
associated with foreign influence in academia, including any
necessary legislative or administrative action.
(d) Congressional Notifications Required.--Not later than
30 days after the date on which the Director identifies a
change to either list described in paragraph
[[Page S3552]]
(1) or (2) of subsection (c), the Director shall notify the
congressional intelligence committees of the change.
SEC. 406. DIRECTOR OF NATIONAL INTELLIGENCE REPORT ON FIFTH-
GENERATION WIRELESS NETWORK TECHNOLOGY.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report on--
(1) the threat to United States national security posed by
the global and regional adoption of fifth-generation (5G)
wireless network technology built by foreign companies; and
(2) the effect of possible efforts to mitigate the threat.
(b) Contents.--The report required by subsection (a) shall
include:
(1) The timeline and scale of global and regional adoption
of foreign fifth-generation wireless network technology.
(2) The implications of such global and regional adoption
on the cyber and espionage threat to the United States and
United States interests as well as to United States cyber and
collection capabilities.
(3) The effect of possible mitigation efforts, including:
(A) United States Government policy promoting the use of
strong, end-to-end encryption for data transmitted over
fifth-generation wireless networks.
(B) United States Government policy promoting or funding
free, open-source implementation of fifth-generation wireless
network technology.
(C) United States Government subsidies or incentives that
could be used to promote the adoption of secure fifth-
generation wireless network technology developed by companies
of the United States or companies of allies of the United
States.
(D) United States Government strategy to reduce foreign
influence and political pressure in international standard-
setting bodies.
(c) Form.--The report submitted under subsection (a) shall
be submitted in unclassified form to the greatest extent
practicable, but may include a classified appendix if
necessary.
SEC. 407. ANNUAL REPORT BY COMPTROLLER GENERAL OF THE UNITED
STATES ON CYBERSECURITY AND SURVEILLANCE
THREATS TO CONGRESS.
(a) Annual Report Required.--Not later than 180 days after
the date of the enactment of this Act and not less frequently
than once each year thereafter, the Comptroller General of
the United States shall submit to the congressional
intelligence committees a report on cybersecurity and
surveillance threats to Congress.
(b) Statistics.--Each report submitted under subsection (a)
shall include statistics on cyber attacks and other incidents
of espionage or surveillance targeted against Senators or the
immediate families or staff of the Senators, in which the
nonpublic communications and other private information of
such targeted individuals were lost, stolen, or otherwise
subject to unauthorized access by criminals or a foreign
government.
(c) Consultation.--In preparing a report to be submitted
under subsection (a), the Comptroller General shall consult
with the Director of National Intelligence, the Secretary of
Homeland Security, and the Sergeant at Arms and Doorkeeper of
the Senate.
SEC. 408. DIRECTOR OF NATIONAL INTELLIGENCE ASSESSMENTS OF
FOREIGN INTERFERENCE IN ELECTIONS.
(a) Assessments Required.--Not later than 45 days after the
conclusion of a United States election, the Director of
National Intelligence, in consultation with the heads of such
other executive departments and agencies as the Director
considers appropriate, shall--
(1) conduct an assessment of any information indicating
that a foreign government, or any person acting as an agent
of or on behalf of a foreign government, has acted with the
intent or purpose of interfering in that election; and
(2) transmit the findings of the Director with respect to
the assessment conducted under paragraph (1), along with such
supporting information as the Director considers appropriate,
to the following:
(A) The President.
(B) The Secretary of State.
(C) The Secretary of the Treasury.
(D) The Secretary of Defense.
(E) The Attorney General.
(F) The Secretary of Homeland Security.
(G) Congress.
(b) Elements.--An assessment conducted under subsection
(a)(1), with respect to an act described in such subsection,
shall identify, to the maximum extent ascertainable, the
following:
(1) The nature of any foreign interference and any methods
employed to execute the act.
(2) The persons involved.
(3) The foreign government or governments that authorized,
directed, sponsored, or supported the act.
(c) Publication.--In a case in which the Director conducts
an assessment under subsection (a)(1) with respect to an
election, the Director shall, as soon as practicable after
the date of the conclusion of such election and not later
than 60 days after the date of such conclusion, make
available to the public, to the greatest extent possible
consistent with the protection of sources and methods, the
findings transmitted under subsection (a)(2).
SEC. 409. STUDY ON FEASIBILITY AND ADVISABILITY OF
ESTABLISHING GEOSPATIAL-INTELLIGENCE MUSEUM AND
LEARNING CENTER.
(a) Study Required.--Not later than 180 days after the date
of the enactment of this Act, the Director of the National
Geospatial-Intelligence Agency shall complete a study on the
feasibility and advisability of establishing a Geospatial-
Intelligence Museum and learning center.
(b) Elements.--The study required by subsection (a) shall
include the following:
(1) Identifying the costs, opportunities, and challenges of
establishing the museum and learning center as described in
such subsection.
(2) Developing recommendations concerning such
establishment.
(3) Identifying and reviewing lessons learned from the
establishment of the Cyber Center for Education and
Innovation-Home of the National Cryptologic Museum under
section 7781(a) of title 10, United States Code.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to the
congressional intelligence committees and the congressional
defense committees (as defined in section 101 of title 10,
United States Code) a report on the findings of the Director
with respect to the study completed under subsection (a).
SEC. 410. REPORT ON DEATH OF JAMAL KHASHOGGI.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to Congress a report on the death
of Jamal Khashoggi, consistent with protecting sources and
methods. Such report shall include identification of those
who carried out, participated in, ordered, or were otherwise
complicit in or responsible for the death of Jamal Khashoggi.
(b) Form.--The report submitted under subsection (a) shall
be submitted in unclassified form.
DIVISION __--INTELLIGENCE AUTHORIZATIONS 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:
DIVISION __--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018 AND 2019
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. 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.
[[Page S3553]]
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Authority for protection of current and former employees of
the Office of the Director of National Intelligence.
Sec. 402. Designation of the program manager-information sharing
environment.
Sec. 403. Technical modification to the executive schedule.
Sec. 404. Chief Financial Officer of the Intelligence Community.
Sec. 405. Chief Information Officer of the Intelligence Community.
Subtitle B--Central Intelligence Agency
Sec. 411. Central Intelligence Agency subsistence for personnel
assigned to austere locations.
Sec. 412. Expansion of security protective service jurisdiction of the
Central Intelligence Agency.
Sec. 413. Repeal of foreign language proficiency requirement for
certain senior level positions in the Central
Intelligence Agency.
Subtitle C--Office of Intelligence and Counterintelligence of
Department of Energy
Sec. 421. Consolidation of Department of Energy Offices of Intelligence
and Counterintelligence.
Sec. 422. Repeal of Department of Energy Intelligence Executive
Committee and budget reporting requirement.
Subtitle D--Other Elements
Sec. 431. Plan for designation of counterintelligence component of
Defense Security Service as an element of intelligence
community.
Sec. 432. Notice not required for private entities.
Sec. 433. Framework for roles, missions, and functions of Defense
Intelligence Agency.
Sec. 434. Establishment of advisory board for National Reconnaissance
Office.
Sec. 435. Collocation of certain Department of Homeland Security
personnel at field locations.
TITLE V--ELECTION MATTERS
Sec. 501. Report on cyber attacks by foreign governments against United
States election infrastructure.
Sec. 502. Review of intelligence community's posture to collect against
and analyze Russian efforts to influence the Presidential
election.
Sec. 503. Assessment of foreign intelligence threats to Federal
elections.
Sec. 504. Strategy for countering Russian cyber threats to United
States elections.
Sec. 505. Assessment of significant Russian influence campaigns
directed at foreign elections and referenda.
Sec. 506. Foreign counterintelligence and cybersecurity threats to
Federal election campaigns.
Sec. 507. Information sharing with State election officials.
Sec. 508. Notification of significant foreign cyber intrusions and
active measures campaigns directed at elections for
Federal offices.
Sec. 509. Designation of counterintelligence officer to lead election
security matters.
TITLE VI--SECURITY CLEARANCES
Sec. 601. Definitions.
Sec. 602. Reports and plans relating to security clearances and
background investigations.
Sec. 603. Improving the process for security clearances.
Sec. 604. Goals for promptness of determinations regarding security
clearances.
Sec. 605. Security Executive Agent.
Sec. 606. Report on unified, simplified, Governmentwide standards for
positions of trust and security clearances.
Sec. 607. Report on clearance in person concept.
Sec. 608. Budget request documentation on funding for background
investigations.
Sec. 609. Reports on reciprocity for security clearances inside of
departments and agencies.
Sec. 610. Intelligence community reports on security clearances.
Sec. 611. Periodic report on positions in the intelligence community
that can be conducted without access to classified
information, networks, or facilities.
Sec. 612. Information sharing program for positions of trust and
security clearances.
Sec. 613. Report on protections for confidentiality of whistleblower-
related communications.
TITLE VII--REPORTS AND OTHER MATTERS
Subtitle A--Matters Relating to Russia and Other Foreign Powers
Sec. 701. Limitation relating to establishment or support of
cybersecurity unit with the Russian Federation.
Sec. 702. Report on returning Russian compounds.
Sec. 703. Assessment of threat finance relating to Russia.
Sec. 704. Notification of an active measures campaign.
Sec. 705. Notification of travel by accredited diplomatic and consular
personnel of the Russian Federation in the United States.
Sec. 706. Report on outreach strategy addressing threats from United
States adversaries to the United States technology
sector.
Sec. 707. Report on Iranian support of proxy forces in Syria and
Lebanon.
Sec. 708. Annual report on Iranian expenditures supporting foreign
military and terrorist activities.
Sec. 709. Expansion of scope of committee to counter active measures
and report on establishment of Foreign Malign Influence
Center.
Subtitle B--Reports
Sec. 711. Technical correction to Inspector General study.
Sec. 712. Reports on authorities of the Chief Intelligence Officer of
the Department of Homeland Security.
Sec. 713. Report on cyber exchange program.
Sec. 714. Review of intelligence community whistleblower matters.
Sec. 715. Report on role of Director of National Intelligence with
respect to certain foreign investments.
Sec. 716. Report on surveillance by foreign governments against United
States telecommunications networks.
Sec. 717. Biennial report on foreign investment risks.
Sec. 718. Modification of certain reporting requirement on travel of
foreign diplomats.
Sec. 719. Semiannual reports on investigations of unauthorized
disclosures of classified information.
Sec. 720. Congressional notification of designation of covered
intelligence officer as persona non grata.
Sec. 721. Reports on intelligence community participation in
vulnerabilities equities process of Federal Government.
Sec. 722. Inspectors General reports on classification.
Sec. 723. Reports on global water insecurity and national security
implications and briefing on emerging infectious disease
and pandemics.
Sec. 724. Annual report on memoranda of understanding between elements
of intelligence community and other entities of the
United States Government regarding significant
operational activities or policy.
Sec. 725. Study on the feasibility of encrypting unclassified wireline
and wireless telephone calls.
Sec. 726. Modification of requirement for annual report on hiring and
retention of minority employees.
Sec. 727. Reports on intelligence community loan repayment and related
programs.
Sec. 728. Repeal of certain reporting requirements.
Sec. 729. Inspector General of the Intelligence Community report on
senior executives of the Office of the Director of
National Intelligence.
Sec. 730. Briefing on Federal Bureau of Investigation offering
permanent residence to sources and cooperators.
Sec. 731. Intelligence assessment of North Korea revenue sources.
Sec. 732. Report on possible exploitation of virtual currencies by
terrorist actors.
Subtitle C--Other Matters
Sec. 741. Public Interest Declassification Board.
Sec. 742. Securing energy infrastructure.
Sec. 743. Bug bounty programs.
Sec. 744. Modification of authorities relating to the National
Intelligence University.
Sec. 745. Technical and clerical amendments to the National Security
Act of 1947.
Sec. 746. Technical amendments related to the Department of Energy.
Sec. 747. Sense of Congress on notification of certain disclosures of
classified information.
Sec. 748. Sense of Congress on consideration of espionage activities
when considering whether or not to provide visas to
foreign individuals to be accredited to a United Nations
mission in the United States.
Sec. 749. Sense of Congress on WikiLeaks.
SEC. 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.
[[Page S3554]]
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2019.--Funds are hereby authorized to be
appropriated for fiscal year 2019 for the conduct of the
intelligence and intelligence-related activities of the
following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
(b) Fiscal Year 2018.--Funds that were appropriated for
fiscal year 2018 for the conduct of the intelligence and
intelligence-related activities of the elements of the United
States set forth in subsection (a) are hereby authorized.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to
be appropriated under section 101 for the conduct of the
intelligence activities of the elements listed in paragraphs
(1) through (16) of section 101, are those specified in the
classified Schedule of Authorizations prepared to accompany
this division.
(b) Availability of Classified Schedule of
Authorizations.--
(1) Availability.--The classified Schedule of
Authorizations referred to in subsection (a) shall be made
available to the Committee on Appropriations of the Senate,
the Committee on Appropriations of the House of
Representatives, and to the President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations referred to in
subsection (a), or of appropriate portions of such Schedule,
within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a));
(B) to the extent necessary to implement the budget; or
(C) as otherwise required by law.
SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal
year 2019 the sum of $522,424,000.
(b) Classified Authorization of Appropriations.--In
addition to amounts authorized to be appropriated for the
Intelligence Community Management Account by subsection (a),
there are authorized to be appropriated for the Intelligence
Community Management Account for fiscal year 2019 such
additional amounts as are specified in the classified
Schedule of Authorizations referred to in section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central
Intelligence Agency Retirement and Disability Fund
$514,000,000 for fiscal year 2019.
SEC. 202. COMPUTATION OF ANNUITIES FOR EMPLOYEES OF THE
CENTRAL INTELLIGENCE AGENCY.
(a) Computation of Annuities.--
(1) In general.--Section 221 of the Central Intelligence
Agency Retirement Act (50 U.S.C. 2031) is amended--
(A) in subsection (a)(3)(B), by striking the period at the
end and inserting ``, as determined by using the annual rate
of basic pay that would be payable for full-time service in
that position.'';
(B) in subsection (b)(1)(C)(i), by striking ``12-month''
and inserting ``2-year'';
(C) in subsection (f)(2), by striking ``one year'' and
inserting ``two years'';
(D) in subsection (g)(2), by striking ``one year'' each
place such term appears and inserting ``two years'';
(E) by redesignating subsections (h), (i), (j), (k), and
(l) as subsections (i), (j), (k), (l), and (m), respectively;
and
(F) by inserting after subsection (g) the following:
``(h) Conditional Election of Insurable Interest Survivor
Annuity by Participants Married at the Time of Retirement.--
``(1) Authority to make designation.--Subject to the
rights of former spouses under subsection (b) and section
222, at the time of retirement a married participant found by
the Director to be in good health may elect to receive an
annuity reduced in accordance with subsection (f)(1)(B) and
designate in writing an individual having an insurable
interest in the participant to receive an annuity under the
system after the participant's death, except that any such
election to provide an insurable interest survivor annuity to
the participant's spouse shall only be effective if the
participant's spouse waives the spousal right to a survivor
annuity under this Act. The amount of the annuity shall be
equal to 55 percent of the participant's reduced annuity.
``(2) Reduction in participant's annuity.--The annuity
payable to the participant making such election shall be
reduced by 10 percent of an annuity computed under subsection
(a) and by an additional 5 percent for each full 5 years the
designated individual is younger than the participant. The
total reduction under this subparagraph may not exceed 40
percent.
``(3) Commencement of survivor annuity.--The annuity
payable to the designated individual shall begin on the day
after the retired participant dies and terminate on the last
day of the month before the designated individual dies.
``(4) Recomputation of participant's annuity on death of
designated individual.--An annuity that is reduced under this
subsection shall, effective the first day of the month
following the death of the designated individual, be
recomputed and paid as if the annuity had not been so
reduced.''.
(2) Conforming amendments.--
(A) Central intelligence agency retirement act.--The
Central Intelligence Agency Retirement Act (50 U.S.C. 2001 et
seq.) is amended--
(i) in section 232(b)(1) (50 U.S.C. 2052(b)(1)), by
striking ``221(h),'' and inserting ``221(i),''; and
(ii) in section 252(h)(4) (50 U.S.C. 2082(h)(4)), by
striking ``221(k)'' and inserting ``221(l)''.
(B) Central intelligence agency act of 1949.--Subsection
(a) of section 14 of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3514(a)) is amended by striking ``221(h)(2),
221(i), 221(l),'' and inserting ``221(i)(2), 221(j),
221(m),''.
(b) Annuities for Former Spouses.--Subparagraph (B) of
section 222(b)(5) of the Central Intelligence Agency
Retirement Act (50 U.S.C. 2032(b)(5)(B)) is amended by
striking ``one year'' and inserting ``two years''.
(c) Prior Service Credit.--Subparagraph (A) of section
252(b)(3) of the Central Intelligence Agency Retirement Act
(50 U.S.C. 2082(b)(3)(A)) is amended by striking ``October 1,
1990'' both places that term appears and inserting ``March
31, 1991''.
(d) Reemployment Compensation.--Section 273 of the Central
Intelligence Agency Retirement Act (50 U.S.C. 2113) is
amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Part-Time Reemployed Annuitants.--The Director shall
have the authority to reemploy an annuitant on a part-time
basis in accordance with section 8344(l) of title 5, United
States Code.''.
(e) Effective Date and Application.--The amendments made by
subsection (a)(1)(A) and subsection (c) shall take effect as
if enacted on October 28, 2009, and shall apply to
computations or participants, respectively, as of such date.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this division shall
not be deemed to constitute authority for the conduct of any
intelligence activity which is not otherwise authorized by
the Constitution or the laws of the United States.
SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits
authorized by law.
SEC. 303. MODIFICATION OF SPECIAL PAY AUTHORITY FOR SCIENCE,
TECHNOLOGY, ENGINEERING, OR MATHEMATICS
POSITIONS AND ADDITION OF SPECIAL PAY AUTHORITY
FOR CYBER POSITIONS.
Section 113B of the National Security Act of 1947 (50
U.S.C. 3049a) is amended--
(1) by amending subsection (a) to read as follows:
``(a) Special Rates of Pay for Positions Requiring
Expertise in Science, Technology, Engineering, or
Mathematics.--
``(1) In general.--Notwithstanding part III of title 5,
United States Code, the head of each element of the
intelligence community may, for 1 or more categories of
positions in such element that require expertise in science,
technology, engineering, or mathematics--
``(A) establish higher minimum rates of pay; and
``(B) make corresponding increases in all rates of pay of
the pay range for each grade or level, subject to subsection
(b) or (c), as applicable.
``(2) Treatment.--The special rate supplements resulting
from the establishment of higher rates under paragraph (1)
shall be basic pay for the same or similar purposes as those
specified in section 5305(j) of title 5, United States
Code.'';
(2) by redesignating subsections (b) through (f) as
subsections (c) through (g), respectively;
(3) by inserting after subsection (a) the following:
[[Page S3555]]
``(b) Special Rates of Pay for Cyber Positions.--
``(1) In general.--Notwithstanding subsection (c), the
Director of the National Security Agency may establish a
special rate of pay--
``(A) not to exceed the rate of basic pay payable for level
II of the Executive Schedule under section 5313 of title 5,
United States Code, if the Director certifies to the Under
Secretary of Defense for Intelligence, in consultation with
the Under Secretary of Defense for Personnel and Readiness,
that the rate of pay is for positions that perform functions
that execute the cyber mission of the Agency; or
``(B) not to exceed the rate of basic pay payable for the
Vice President of the United States under section 104 of
title 3, United States Code, if the Director certifies to the
Secretary of Defense, by name, individuals that have advanced
skills and competencies and that perform critical functions
that execute the cyber mission of the Agency.
``(2) Pay limitation.--Employees receiving a special rate
under paragraph (1) shall be subject to an aggregate pay
limitation that parallels the limitation established in
section 5307 of title 5, United States Code, except that--
``(A) any allowance, differential, bonus, award, or other
similar cash payment in addition to basic pay that is
authorized under title 10, United States Code, (or any other
applicable law in addition to title 5 of such Code, excluding
the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.))
shall also be counted as part of aggregate compensation; and
``(B) aggregate compensation may not exceed the rate
established for the Vice President of the United States under
section 104 of title 3, United States Code.
``(3) Limitation on number of recipients.--The number of
individuals who receive basic pay established under paragraph
(1)(B) may not exceed 100 at any time.
``(4) Limitation on use as comparative reference.--
Notwithstanding any other provision of law, special rates of
pay and the limitation established under paragraph (1)(B) may
not be used as comparative references for the purpose of
fixing the rates of basic pay or maximum pay limitations of
qualified positions under section 1599f of title 10, United
States Code, or section 226 of the Homeland Security Act of
2002 (6 U.S.C. 147).'';
(4) in subsection (c), as redesignated by paragraph (2), by
striking ``A minimum'' and inserting ``Except as provided in
subsection (b), a minimum'';
(5) in subsection (d), as redesignated by paragraph (2), by
inserting ``or (b)'' after ``by subsection (a)''; and
(6) in subsection (g), as redesignated by paragraph (2)--
(A) in paragraph (1), by striking ``Not later than 90 days
after the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2017'' and inserting ``Not
later than 90 days after the date of the enactment of the
Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018 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 Reform of the House of Representatives an
unredacted report describing the standards by which the
review was conducted and the outcome of the review.
SEC. 306. SUPPLY CHAIN AND COUNTERINTELLIGENCE RISK
MANAGEMENT TASK FORCE.
(a) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional intelligence committees.
(2) The Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(3) The Committee on Armed Services, the Committee on
Homeland Security, and the Committee on Oversight and Reform
of the House of Representatives.
(b) Requirement to Establish.--The Director of National
Intelligence shall establish a Supply Chain and
Counterintelligence Risk Management Task Force to standardize
information sharing between the intelligence community and
the acquisition community of the United States Government
with respect to the supply chain and counterintelligence
risks.
(c) Members.--The Supply Chain and Counterintelligence Risk
Management Task Force established under subsection (b) shall
be composed of--
(1) a representative of the Defense Security Service of the
Department of Defense;
(2) a representative of the General Services
Administration;
(3) a representative of the Office of Federal Procurement
Policy of the Office of Management and Budget;
(4) a representative of the Department of Homeland
Security;
(5) a representative of the Federal Bureau of
Investigation;
(6) the Director of the National Counterintelligence and
Security Center; and
(7) any other members the Director of National Intelligence
determines appropriate.
(d) Security Clearances.--Each member of the Supply Chain
and Counterintelligence Risk Management Task Force
established under subsection (b) shall have a security
clearance at the top secret level and be able to access
sensitive compartmented information.
(e) Annual Report.--The Supply Chain and
Counterintelligence Risk Management Task Force established
under subsection (b) shall submit to the appropriate
congressional committees an annual report that describes the
activities of the Task Force during the previous year,
including identification of the supply chain and
counterintelligence risks shared with the acquisition
community of the United States Government by the intelligence
community.
SEC. 307. CONSIDERATION OF ADVERSARIAL TELECOMMUNICATIONS AND
CYBERSECURITY INFRASTRUCTURE WHEN SHARING
INTELLIGENCE WITH FOREIGN GOVERNMENTS AND
ENTITIES.
Whenever the head of an element of the intelligence
community enters into an intelligence sharing agreement with
a foreign government or any other foreign entity, the head of
the element shall consider the pervasiveness of
telecommunications and cybersecurity infrastructure,
equipment, and services provided by adversaries of the United
States, particularly China and Russia, or entities of such
adversaries in the country or region of the foreign
government or other foreign entity entering into the
agreement.
SEC. 308. CYBER PROTECTION SUPPORT FOR THE PERSONNEL OF THE
INTELLIGENCE COMMUNITY IN POSITIONS HIGHLY
VULNERABLE TO CYBER ATTACK.
(a) Definitions.--In this section:
(1) Personal accounts.--The term ``personal accounts''
means accounts for online and telecommunications services,
including telephone, residential Internet access, email, text
and multimedia messaging, cloud computing, social media,
health care, and financial services, used by personnel of the
intelligence community outside of the scope of their
employment with elements of the intelligence community.
(2) Personal technology devices.--The term ``personal
technology devices'' means technology devices used by
personnel of the intelligence community outside of the scope
of their employment with elements of the intelligence
community, including networks to which such devices connect.
(b) Authority to Provide Cyber Protection Support.--
(1) In general.--Subject to a determination by the Director
of National Intelligence, the Director may provide cyber
protection support for the personal technology devices and
personal accounts of the personnel described in paragraph
(2).
(2) At-risk personnel.--The personnel described in this
paragraph are personnel of the intelligence community--
(A) who the Director determines to be highly vulnerable to
cyber attacks and hostile information collection activities
because of the positions occupied by such personnel in the
intelligence community; and
(B) whose personal technology devices or personal accounts
are highly vulnerable to cyber attacks and hostile
information collection activities.
(c) Nature of Cyber Protection Support.--Subject to the
availability of resources, the cyber protection support
provided to personnel under subsection (b) may include
training, advice, assistance, and other services relating to
cyber attacks and hostile information collection activities.
(d) Limitation on Support.--Nothing in this section shall
be construed--
(1) to encourage personnel of the intelligence community to
use personal technology devices for official business; or
(2) to authorize cyber protection support for senior
intelligence community personnel using personal devices,
networks, and personal accounts in an official capacity.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the
[[Page S3556]]
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 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
[[Page S3557]]
community information technology environment within the
proposed budget, including multiyear plans to implement the
long-term roadmap required by subsection (e).
(2) A uniform approach by which each element of the
intelligence community shall identify the cost of legacy
information technology or alternative capabilities where
services of the intelligence community information technology
environment will also be available.
(3) A uniform effort by which each element of the
intelligence community shall identify transition and
restructuring costs for new, existing, and retiring services
of the intelligence community information technology
environment, as well as services of such environment that
have changed designations as a core service.
(g) Quarterly Presentations.--Beginning not later than 180
days after the date of the enactment of this Act, the
Director of National Intelligence shall provide to the
congressional intelligence committees quarterly updates
regarding ongoing implementation of the intelligence
community information technology environment as compared to
the requirements in the most recently submitted security plan
required by subsection (d), long-term roadmap required by
subsection (e), and business plan required by subsection (f).
(h) Additional Notifications.--The Director of National
Intelligence shall provide timely notification to the
congressional intelligence committees regarding any policy
changes related to or affecting the intelligence community
information technology environment, new initiatives or
strategies related to or impacting such environment, and
changes or deficiencies in the execution of the security plan
required by subsection (d), long-term roadmap required by
subsection (e), and business plan required by subsection (f)
(i) Sunset.--The section shall have no effect on or after
September 30, 2024.
SEC. 313. REPORT ON DEVELOPMENT OF SECURE MOBILE VOICE
SOLUTION FOR INTELLIGENCE COMMUNITY.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in coordination with the Director of the
Central Intelligence Agency and the Director of the National
Security Agency, shall submit to the congressional
intelligence committees a classified report on the
feasibility, desirability, cost, and required schedule
associated with the implementation of a secure mobile voice
solution for the intelligence community.
(b) Contents.--The report required by subsection (a) shall
include, at a minimum, the following:
(1) The benefits and disadvantages of a secure mobile voice
solution.
(2) Whether the intelligence community could leverage
commercially available technology for classified voice
communications that operates on commercial mobile networks in
a secure manner and identifying the accompanying security
risks to such networks.
(3) A description of any policies or community guidance
that would be necessary to govern the potential solution,
such as a process for determining the appropriate use of a
secure mobile telephone and any limitations associated with
such use.
SEC. 314. POLICY ON MINIMUM INSIDER THREAT STANDARDS.
(a) Policy Required.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence shall establish a policy for minimum insider
threat standards that is consistent with the National Insider
Threat Policy and Minimum Standards for Executive Branch
Insider Threat Programs.
(b) Implementation.--Not later than 180 days after the date
of the enactment of this Act, the head of each element of the
intelligence community shall implement the policy established
under subsection (a).
SEC. 315. SUBMISSION OF INTELLIGENCE COMMUNITY POLICIES.
(a) Definitions.--In this section:
(1) Electronic repository.--The term ``electronic
repository'' means the electronic distribution mechanism, in
use as of the date of the enactment of this Act, or any
successor electronic distribution mechanism, by which the
Director of National Intelligence submits to the
congressional intelligence committees information.
(2) Policy.--The term ``policy'', with respect to the
intelligence community, includes unclassified or classified--
(A) directives, policy guidance, and policy memoranda of
the intelligence community;
(B) executive correspondence of the Director of National
Intelligence; and
(C) any equivalent successor policy instruments.
(b) Submission of Policies.--
(1) Current policy.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees using the electronic repository all nonpublicly
available policies issued by the Director of National
Intelligence for the intelligence community that are in
effect as of the date of the submission.
(2) Continuous updates.--Not later than 15 days after the
date on which the Director of National Intelligence issues,
modifies, or rescinds a policy of the intelligence community,
the Director shall--
(A) notify the congressional intelligence committees of
such addition, modification, or removal; and
(B) update the electronic repository with respect to such
addition, modification, or removal.
SEC. 316. EXPANSION OF INTELLIGENCE COMMUNITY RECRUITMENT
EFFORTS.
In order to further increase the diversity of the
intelligence community workforce, not later than 90 days
after the date of the enactment of this Act, the Director of
National Intelligence, in consultation with heads of elements
of the Intelligence Community, shall create, implement, and
submit to the congressional intelligence committees a written
plan to ensure that rural and underrepresented regions are
more fully and consistently represented in such elements'
employment recruitment efforts. Upon receipt of the plan, the
congressional committees shall have 60 days to submit
comments to the Director of National Intelligence before such
plan shall be implemented.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. AUTHORITY FOR PROTECTION OF CURRENT AND FORMER
EMPLOYEES OF THE OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE.
Section 5(a)(4) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3506(a)(4)) is amended by striking ``such
personnel of the Office of the Director of National
Intelligence as the Director of National Intelligence may
designate;'' and inserting ``current and former personnel of
the Office of the Director of National Intelligence and their
immediate families as the Director of National Intelligence
may designate;''.
SEC. 402. DESIGNATION OF THE PROGRAM MANAGER-INFORMATION
SHARING ENVIRONMENT.
(a) Information Sharing Environment.--Section 1016(b) of
the Intelligence Reform and Terrorism Prevention Act of 2004
(6 U.S.C. 485(b)) is amended--
(1) in paragraph (1), by striking ``President'' and
inserting ``Director of National Intelligence''; and
(2) in paragraph (2), by striking ``President'' both places
that term appears and inserting ``Director of National
Intelligence''.
(b) Program Manager.--Section 1016(f)(1) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6
U.S.C. 485(f)(1)) is amended by striking ``The individual
designated as the program manager shall serve as program
manager until removed from service or replaced by the
President (at the President's sole discretion).'' and
inserting ``Beginning on the date of the enactment of the
Damon Paul Nelson and Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018 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. 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.''.
[[Page S3558]]
SEC. 413. REPEAL OF FOREIGN LANGUAGE PROFICIENCY REQUIREMENT
FOR CERTAIN SENIOR LEVEL POSITIONS IN THE
CENTRAL INTELLIGENCE AGENCY.
(a) Repeal of Foreign Language Proficiency Requirement.--
Section 104A of the National Security Act of 1947 (50 U.S.C.
3036) is amended by striking subsection (g).
(b) Conforming Repeal of Report Requirement.--Section 611
of the Intelligence Authorization Act for Fiscal Year 2005
(Public Law 108-487) is amended by striking subsection (c).
Subtitle C--Office of Intelligence and Counterintelligence of
Department of Energy
SEC. 421. CONSOLIDATION OF DEPARTMENT OF ENERGY OFFICES OF
INTELLIGENCE AND COUNTERINTELLIGENCE.
(a) In General.--Section 215 of the Department of Energy
Organization Act (42 U.S.C. 7144b) is amended to read as
follows:
``office of intelligence and counterintelligence
``Sec. 215. (a) Definitions.--In this section, the terms
`intelligence community' and `National Intelligence Program'
have the meanings given such terms in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
``(b) In General.--There is in the Department an Office of
Intelligence and Counterintelligence. Such office shall be
under the National Intelligence Program.
``(c) Director.--(1) The head of the Office shall be the
Director of the Office of Intelligence and
Counterintelligence, who shall be an employee in the Senior
Executive Service, the Senior Intelligence Service, the
Senior National Intelligence Service, or any other Service
that the Secretary, in coordination with the Director of
National Intelligence, considers appropriate. The Director of
the Office shall report directly to the Secretary.
``(2) The Secretary shall select an individual to serve as
the Director from among individuals who have substantial
expertise in matters relating to the intelligence community,
including foreign intelligence and counterintelligence.
``(d) Duties.--(1) Subject to the authority, direction, and
control of the Secretary, the Director shall perform such
duties and exercise such powers as the Secretary may
prescribe.
``(2) The Director shall be responsible for establishing
policy for intelligence and counterintelligence programs and
activities at the Department.''.
(b) Conforming Repeal.--Section 216 of the Department of
Energy Organization Act (42 U.S.C. 7144c) is hereby repealed.
(c) Clerical Amendment.--The table of contents at the
beginning of the Department of Energy Organization Act is
amended by striking the items relating to sections 215 and
216 and inserting the following new item:
``215. Office of Intelligence and Counterintelligence.''.
SEC. 422. REPEAL OF DEPARTMENT OF ENERGY INTELLIGENCE
EXECUTIVE COMMITTEE AND BUDGET REPORTING
REQUIREMENT.
Section 214 of the Department of Energy Organization Act
(42 U.S.C. 7144a) is amended--
(1) by striking ``(a) Duty of Secretary.--''; and
(2) by striking subsections (b) and (c).
Subtitle D--Other Elements
SEC. 431. PLAN FOR DESIGNATION OF COUNTERINTELLIGENCE
COMPONENT OF DEFENSE SECURITY SERVICE AS AN
ELEMENT OF INTELLIGENCE COMMUNITY.
Not later than 90 days after the date of the enactment of
this Act, the Director of National Intelligence and Under
Secretary of Defense for Intelligence, in coordination with
the Director of the National Counterintelligence and Security
Center, shall submit to the congressional intelligence
committees, the Committee on Armed Services of the Senate,
and the Committee on Armed Services of the House of
Representatives a plan to designate the counterintelligence
component of the Defense Security Service of the Department
of Defense as an element of the intelligence community by not
later than January 1, 2019. Such plan shall--
(1) address the implications of such designation on the
authorities, governance, personnel, resources, information
technology, collection, analytic products, information
sharing, and business processes of the Defense Security
Service and the intelligence community; and
(2) not address the personnel security functions of the
Defense Security Service.
SEC. 432. NOTICE NOT REQUIRED FOR PRIVATE ENTITIES.
Section 3553 of title 44, United States Code, is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following:
``(j) Rule of Construction.--Nothing in this section shall
be construed to require the Secretary to provide notice to
any private entity before the Secretary issues a binding
operational directive under subsection (b)(2).''.
SEC. 433. FRAMEWORK FOR ROLES, MISSIONS, AND FUNCTIONS OF
DEFENSE INTELLIGENCE AGENCY.
(a) In General.--The Director of National Intelligence and
the Secretary of Defense shall jointly establish a framework
to ensure the appropriate balance of resources for the roles,
missions, and functions of the Defense Intelligence Agency in
its capacity as an element of the intelligence community and
as a combat support agency. The framework shall include
supporting processes to provide for the consistent and
regular reevaluation of the responsibilities and resources of
the Defense Intelligence Agency to prevent imbalanced
priorities, insufficient or misaligned resources, and the
unauthorized expansion of mission parameters.
(b) Matters for Inclusion.--The framework required under
subsection (a) shall include each of the following:
(1) A lexicon providing for consistent definitions of
relevant terms used by both the intelligence community and
the Department of Defense, including each of the following:
(A) Defense intelligence enterprise.
(B) Enterprise manager.
(C) Executive agent.
(D) Function.
(E) Functional manager.
(F) Mission.
(G) Mission manager.
(H) Responsibility.
(I) Role.
(J) Service of common concern.
(2) An assessment of the necessity of maintaining separate
designations for the intelligence community and the
Department of Defense for intelligence functional or
enterprise management constructs.
(3) A repeatable process for evaluating the addition,
transfer, or elimination of defense intelligence missions,
roles, and functions, currently performed or to be performed
in the future by the Defense Intelligence Agency, which
includes each of the following:
(A) A justification for the addition, transfer, or
elimination of a mission, role, or function.
(B) The identification of which, if any, element of the
Federal Government performs the considered mission, role, or
function.
(C) In the case of any new mission, role, or function--
(i) an assessment of the most appropriate agency or element
to perform such mission, role, or function, taking into
account the resource profiles, scope of responsibilities,
primary customers, and existing infrastructure necessary to
support such mission, role, or function; and
(ii) a determination of the appropriate resource profile
and an identification of the projected resources needed and
the proposed source of such resources over the future-years
defense program, to be provided in writing to any elements of
the intelligence community or the Department of Defense
affected by the assumption, transfer, or elimination of any
mission, role, or function.
(D) In the case of any mission, role, or function proposed
to be assumed, transferred, or eliminated, an assessment,
which shall be completed jointly by the heads of each element
affected by such assumption, transfer, or elimination, of the
risks that would be assumed by the intelligence community and
the Department if such mission, role, or function is assumed,
transferred, or eliminated.
(E) A description of how determinations are made regarding
the funding of programs and activities under the National
Intelligence Program and the Military Intelligence Program,
including--
(i) which programs or activities are funded under each such
Program;
(ii) which programs or activities should be jointly funded
under both such Programs and how determinations are made with
respect to funding allocations for such programs and
activities; and
(iii) the thresholds and process for changing a program or
activity from being funded under one such Program to being
funded under the other such Program.
SEC. 434. ESTABLISHMENT OF ADVISORY BOARD FOR NATIONAL
RECONNAISSANCE OFFICE.
(a) Establishment.--Section 106A of the National Security
Act of 1947 (50 U.S.C. 3041a) is amended by adding at the end
the following new subsection:
``(d) Advisory Board.--
``(1) Establishment.--There is established in the National
Reconnaissance Office an advisory board (in this section
referred to as the `Board').
``(2) Duties.--The Board shall--
``(A) study matters relating to the mission of the National
Reconnaissance Office, including with respect to promoting
innovation, competition, and resilience in space, overhead
reconnaissance, acquisition, and other matters; and
``(B) advise and report directly to the Director with
respect to such matters.
``(3) Members.--
``(A) Number and appointment.--
``(i) In general.--The Board shall be composed of 5 members
appointed by the Director from among individuals with
demonstrated academic, government, business, or other
expertise relevant to the mission and functions of the
National Reconnaissance Office.
``(ii) Notification.--Not later than 30 days after the date
on which the Director appoints a member to the Board, the
Director shall notify the congressional intelligence
committees and the congressional defense committees (as
defined in section 101(a) of title 10, United States Code) of
such appointment.
``(B) Terms.--Each member shall be appointed for a term of
2 years. Except as provided by subparagraph (C), a member may
not serve more than 3 terms.
[[Page S3559]]
``(C) Vacancy.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only
for the remainder of that term. A member may serve after the
expiration of that member's term until a successor has taken
office.
``(D) Chair.--The Board shall have a Chair, who shall be
appointed by the Director from among the members.
``(E) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
``(F) Executive secretary.--The Director may appoint an
executive secretary, who shall be an employee of the National
Reconnaissance Office, to support the Board.
``(4) Meetings.--The Board shall meet not less than
quarterly, but may meet more frequently at the call of the
Director.
``(5) Reports.--Not later than March 31 of each year, the
Board shall submit to the Director and to the congressional
intelligence committees a report on the activities and
significant findings of the Board during the preceding year.
``(6) Nonapplicability of certain requirements.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Board.
``(7) Termination.--The Board shall terminate on the date
that is 3 years after the date of the first meeting of the
Board.''.
(b) Initial Appointments.--Not later than 180 days after
the date of the enactment of this Act, the Director of the
National Reconnaissance Office shall appoint the initial 5
members to the advisory board under subsection (d) of section
106A of the National Security Act of 1947 (50 U.S.C. 3041a),
as added by subsection (a).
SEC. 435. COLLOCATION OF CERTAIN DEPARTMENT OF HOMELAND
SECURITY PERSONNEL AT FIELD LOCATIONS.
(a) Identification of Opportunities for Collocation.--Not
later than 60 days after the date of the enactment of this
Act, the Under Secretary of Homeland Security for
Intelligence and Analysis shall identify, in consultation
with the Commissioner of U.S. Customs and Border Protection,
the Administrator of the Transportation Security
Administration, the Director of U.S. Immigration and Customs
Enforcement, and the heads of such other elements of the
Department of Homeland Security as the Under Secretary
considers appropriate, opportunities for collocation of
officers of the Office of Intelligence and Analysis in the
field outside of the greater Washington, District of
Columbia, area in order to support operational units from
U.S. Customs and Border Protection, the Transportation
Security Administration, U.S. Immigration and Customs
Enforcement, and other elements of the Department of Homeland
Security.
(b) Plan for Collocation.--Not later than 120 days after
the date of the enactment of this Act, the Under Secretary
shall submit to the congressional intelligence committees a
report that includes a plan for collocation as described in
subsection (a).
TITLE V--ELECTION MATTERS
SEC. 501. REPORT ON CYBER ATTACKS BY FOREIGN GOVERNMENTS
AGAINST UNITED STATES ELECTION INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(C) the Committee on Homeland Security of the House of
Representatives;
(D) the Committee on Foreign Relations of the Senate; and
(E) the Committee on Foreign Affairs of the House of
Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of Representatives.
(3) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, and any territory or possession of the United
States.
(b) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Under Secretary of Homeland
Security for Intelligence and Analysis shall submit to
congressional leadership and the appropriate congressional
committees a report on cyber attacks and attempted cyber
attacks by foreign governments on United States election
infrastructure in States and localities in connection with
the 2016 Presidential election in the United States and such
cyber attacks or attempted cyber attacks as the Under
Secretary anticipates against such infrastructure. Such
report shall identify the States and localities affected and
shall include cyber attacks and attempted cyber attacks
against voter registration databases, voting machines,
voting-related computer networks, and the networks of
Secretaries of State and other election officials of the
various States.
(c) Form.--The report submitted under subsection (b) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 502. REVIEW OF INTELLIGENCE COMMUNITY'S POSTURE TO
COLLECT AGAINST AND ANALYZE RUSSIAN EFFORTS TO
INFLUENCE THE PRESIDENTIAL ELECTION.
(a) Review Required.--Not later than 1 year after the date
of the enactment of this Act, the Director of National
Intelligence shall--
(1) complete an after action review of the posture of the
intelligence community to collect against and analyze efforts
of the Government of Russia to interfere in the 2016
Presidential election in the United States; and
(2) submit to the congressional intelligence committees a
report on the findings of the Director with respect to such
review.
(b) Elements.--The review required by subsection (a) shall
include, with respect to the posture and efforts described in
paragraph (1) of such subsection, the following:
(1) An assessment of whether the resources of the
intelligence community were properly aligned to detect and
respond to the efforts described in subsection (a)(1).
(2) An assessment of the information sharing that occurred
within elements of the intelligence community.
(3) An assessment of the information sharing that occurred
between elements of the intelligence community.
(4) An assessment of applicable authorities necessary to
collect on any such efforts and any deficiencies in those
authorities.
(5) A review of the use of open source material to inform
analysis and warning of such efforts.
(6) A review of the use of alternative and predictive
analysis.
(c) Form of Report.--The report required by subsection
(a)(2) shall be submitted to the congressional intelligence
committees in a classified form.
SEC. 503. ASSESSMENT OF FOREIGN INTELLIGENCE THREATS TO
FEDERAL ELECTIONS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Homeland Security of the House of
Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of Representatives.
(3) Security vulnerability.--The term ``security
vulnerability'' has the meaning given such term in section
102 of the Cybersecurity Information Sharing Act of 2015 (6
U.S.C. 1501).
(b) In General.--The Director of National Intelligence, in
coordination with the Director of the Central Intelligence
Agency, the Director of the National Security Agency, the
Director of the Federal Bureau of Investigation, the
Secretary of Homeland Security, and the heads of other
relevant elements of the intelligence community, shall--
(1) commence not later than 1 year before any regularly
scheduled Federal election occurring after December 31, 2018,
and complete not later than 180 days before such election, an
assessment of security vulnerabilities of State election
systems; and
(2) not later than 180 days before any regularly scheduled
Federal election occurring after December 31, 2018, submit a
report on such security vulnerabilities and an assessment of
foreign intelligence threats to the election to--
(A) congressional leadership; and
(B) the appropriate congressional committees.
(c) Update.--Not later than 90 days before any regularly
scheduled Federal election occurring after December 31, 2018,
the Director of National Intelligence shall--
(1) update the assessment of foreign intelligence threats
to that election; and
(2) submit the updated assessment to--
(A) congressional leadership; and
(B) the appropriate congressional committees.
SEC. 504. STRATEGY FOR COUNTERING RUSSIAN CYBER THREATS TO
UNITED STATES ELECTIONS.
(a) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional intelligence committees.
(2) The Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(3) The Committee on Armed Services and the Committee on
Homeland Security of the House of Representatives.
(4) The Committee on Foreign Relations of the Senate.
(5) The Committee on Foreign Affairs of the House of
Representatives.
(b) Requirement for a Strategy.--Not later than 90 days
after the date of the enactment of this Act, the Director of
National Intelligence, in coordination with the Secretary of
Homeland Security, the Director of the Federal Bureau of
Investigation, the Director of the Central Intelligence
Agency, the Secretary of State, the Secretary of Defense, and
the Secretary of the Treasury,
[[Page S3560]]
shall develop a whole-of-government strategy for countering
the threat of Russian cyber attacks and attempted cyber
attacks against electoral systems and processes in the United
States, including Federal, State, and local election systems,
voter registration databases, voting tabulation equipment,
and equipment and processes for the secure transmission of
election results.
(c) Elements of the Strategy.--The strategy required by
subsection (b) shall include the following elements:
(1) A whole-of-government approach to protecting United
States electoral systems and processes that includes the
agencies and departments indicated in subsection (b) as well
as any other agencies and departments of the United States,
as determined appropriate by the Director of National
Intelligence and the Secretary of Homeland Security.
(2) Input solicited from Secretaries of State of the
various States and the chief election officials of the
States.
(3) Technical security measures, including auditable paper
trails for voting machines, securing wireless and Internet
connections, and other technical safeguards.
(4) Detection of cyber threats, including attacks and
attempted attacks by Russian government or nongovernment
cyber threat actors.
(5) Improvements in the identification and attribution of
Russian government or nongovernment cyber threat actors.
(6) Deterrence, including actions and measures that could
or should be undertaken against or communicated to the
Government of Russia or other entities to deter attacks
against, or interference with, United States election systems
and processes.
(7) Improvements in Federal Government communications with
State and local election officials.
(8) Public education and communication efforts.
(9) Benchmarks and milestones to enable the measurement of
concrete steps taken and progress made in the implementation
of the strategy.
(d) Congressional Briefing.--Not later than 90 days after
the date of the enactment of this Act, the Director of
National Intelligence and the Secretary of Homeland Security
shall jointly brief the appropriate congressional committees
on the strategy developed under subsection (b).
SEC. 505. ASSESSMENT OF SIGNIFICANT RUSSIAN INFLUENCE
CAMPAIGNS DIRECTED AT FOREIGN ELECTIONS AND
REFERENDA.
(a) Russian Influence Campaign Defined.--In this section,
the term ``Russian influence campaign'' means any effort,
covert or overt, and by any means, attributable to the
Russian Federation directed at an election, referendum, or
similar process in a country other than the Russian
Federation or the United States.
(b) Assessment Required.--Not later than 60 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report containing an analytical assessment of
the most significant Russian influence campaigns, if any,
conducted during the 3-year period preceding the date of the
enactment of this Act, as well as the most significant
current or planned such Russian influence campaigns, if any.
Such assessment shall include--
(1) a summary of such significant Russian influence
campaigns, including, at a minimum, the specific means by
which such campaigns were conducted, are being conducted, or
likely will be conducted, as appropriate, and the specific
goal of each such campaign;
(2) a summary of any defenses against or responses to such
Russian influence campaigns by the foreign state holding the
elections or referenda;
(3) a summary of any relevant activities by elements of the
intelligence community undertaken for the purpose of
assisting the government of such foreign state in defending
against or responding to such Russian influence campaigns;
and
(4) an assessment of the effectiveness of such defenses and
responses described in paragraphs (2) and (3).
(c) Form.--The report required by subsection (b) may be
submitted in classified form, but if so submitted, shall
contain an unclassified summary.
SEC. 506. FOREIGN COUNTERINTELLIGENCE AND CYBERSECURITY
THREATS TO FEDERAL ELECTION CAMPAIGNS.
(a) Reports Required.--
(1) In general.--As provided in paragraph (2), for each
Federal election, the Director of National Intelligence, in
coordination with the Under Secretary of Homeland Security
for Intelligence and Analysis and the Director of the Federal
Bureau of Investigation, shall make publicly available on an
Internet website an advisory report on foreign
counterintelligence and cybersecurity threats to election
campaigns for Federal offices. Each such report shall
include, consistent with the protection of sources and
methods, each of the following:
(A) A description of foreign counterintelligence and
cybersecurity threats to election campaigns for Federal
offices.
(B) A summary of best practices that election campaigns for
Federal offices can employ in seeking to counter such
threats.
(C) An identification of any publicly available resources,
including United States Government resources, for countering
such threats.
(2) Schedule for submittal.--A report under this subsection
shall be made available as follows:
(A) In the case of a report regarding an election held for
the office of Senator or Member of the House of
Representatives during 2018, not later than the date that is
60 days after the date of the enactment of this Act.
(B) In the case of a report regarding an election for a
Federal office during any subsequent year, not later than the
date that is 1 year before the date of the election.
(3) Information to be included.--A report under this
subsection shall reflect the most current information
available to the Director of National Intelligence regarding
foreign counterintelligence and cybersecurity threats.
(b) Treatment of Campaigns Subject to Heightened Threats.--
If the Director of the Federal Bureau of Investigation and
the Under Secretary of Homeland Security for Intelligence and
Analysis jointly determine that an election campaign for
Federal office is subject to a heightened foreign
counterintelligence or cybersecurity threat, the Director and
the Under Secretary, consistent with the protection of
sources and methods, may make available additional
information to the appropriate representatives of such
campaign.
SEC. 507. INFORMATION SHARING WITH STATE ELECTION OFFICIALS.
(a) State Defined.--In this section, the term ``State''
means any State of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, and any territory
or possession of the United States.
(b) Security Clearances.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Director of National
Intelligence shall support the Under Secretary of Homeland
Security for Intelligence and Analysis, and any other
official of the Department of Homeland Security designated by
the Secretary of Homeland Security, in sponsoring a security
clearance up to the top secret level for each eligible chief
election official of a State or the District of Columbia, and
additional eligible designees of such election official as
appropriate, at the time that such election official assumes
such position.
(2) Interim clearances.--Consistent with applicable
policies and directives, the Director of National
Intelligence may issue interim clearances, for a period to be
determined by the Director, to a chief election official as
described in paragraph (1) and up to 1 designee of such
official under such paragraph.
(c) Information Sharing.--
(1) In general.--The Director of National Intelligence
shall assist the Under Secretary of Homeland Security for
Intelligence and Analysis and the Under Secretary responsible
for overseeing critical infrastructure protection,
cybersecurity, and other related programs of the Department
(as specified in section 103(a)(1)(H) of the Homeland
Security Act of 2002 (6 U.S.C. 113(a)(1)(H))) with sharing
any appropriate classified information related to threats to
election systems and to the integrity of the election process
with chief election officials and such designees who have
received a security clearance under subsection (b).
(2) Coordination.--The Under Secretary of Homeland Security
for Intelligence and Analysis shall coordinate with the
Director of National Intelligence and the Under Secretary
responsible for overseeing critical infrastructure
protection, cybersecurity, and other related programs of the
Department (as specified in section 103(a)(1)(H) of the
Homeland Security Act of 2002 (6 U.S.C. 113(a)(1)(H))) to
facilitate the sharing of information to the affected
Secretaries of State or States.
SEC. 508. NOTIFICATION OF SIGNIFICANT FOREIGN CYBER
INTRUSIONS AND ACTIVE MEASURES CAMPAIGNS
DIRECTED AT ELECTIONS FOR FEDERAL OFFICES.
(a) Definitions.--In this section:
(1) Active measures campaign.--The term ``active measures
campaign'' means a foreign semi-covert or covert intelligence
operation.
(2) Candidate, election, and political party.--The terms
``candidate'', ``election'', and ``political party'' have the
meanings given those terms in section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101).
(3) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of Representatives.
(4) Cyber intrusion.--The term ``cyber intrusion'' means an
electronic occurrence that actually or imminently
jeopardizes, without lawful authority, electronic election
infrastructure, or the integrity, confidentiality, or
availability of information within such infrastructure.
(5) Electronic election infrastructure.--The term
``electronic election infrastructure'' means an electronic
information system of any of the following that is related to
an election for Federal office:
(A) The Federal Government.
(B) A State or local government.
(C) A political party.
(D) The election campaign of a candidate.
(6) Federal office.--The term ``Federal office'' has the
meaning given that term in section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101).
[[Page S3561]]
(7) High confidence.--The term ``high confidence'', with
respect to a determination, means that the determination is
based on high-quality information from multiple sources.
(8) Moderate confidence.--The term ``moderate confidence'',
with respect to a determination, means that a determination
is credibly sourced and plausible but not of sufficient
quality or corroborated sufficiently to warrant a higher
level of confidence.
(9) Other appropriate congressional committees.--The term
``other appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on
Homeland Security, and the Committee on Appropriations of the
House of Representatives.
(b) Determinations of Significant Foreign Cyber Intrusions
and Active Measures Campaigns.--The Director of National
Intelligence, the Director of the Federal Bureau of
Investigation, and the Secretary of Homeland Security shall
jointly carry out subsection (c) if such Directors and the
Secretary jointly determine--
(1) that on or after the date of the enactment of this Act,
a significant foreign cyber intrusion or active measures
campaign intended to influence an upcoming election for any
Federal office has occurred or is occurring; and
(2) with moderate or high confidence, that such intrusion
or campaign can be attributed to a foreign state or to a
foreign nonstate person, group, or other entity.
(c) Briefing.--
(1) In general.--Not later than 14 days after making a
determination under subsection (b), the Director of National
Intelligence, the Director of the Federal Bureau of
Investigation, and the Secretary of Homeland Security shall
jointly provide a briefing to the congressional leadership,
the congressional intelligence committees and, consistent
with the protection of sources and methods, the other
appropriate congressional committees. The briefing shall be
classified and address, at a minimum, the following:
(A) A description of the significant foreign cyber
intrusion or active measures campaign, as the case may be,
covered by the determination.
(B) An identification of the foreign state or foreign
nonstate person, group, or other entity, to which such
intrusion or campaign has been attributed.
(C) The desirability and feasibility of the public release
of information about the cyber intrusion or active measures
campaign.
(D) Any other information such Directors and the Secretary
jointly determine appropriate.
(2) Electronic election infrastructure briefings.--With
respect to a significant foreign cyber intrusion covered by a
determination under subsection (b), the Secretary of Homeland
Security, in consultation with the Director of National
Intelligence and the Director of the Federal Bureau of
Investigation, shall offer to the owner or operator of any
electronic election infrastructure directly affected by such
intrusion, a briefing on such intrusion, including steps that
may be taken to mitigate such intrusion. Such briefing may be
classified and made available only to individuals with
appropriate security clearances.
(3) Protection of sources and methods.--This subsection
shall be carried out in a manner that is consistent with the
protection of sources and methods.
SEC. 509. DESIGNATION OF COUNTERINTELLIGENCE OFFICER TO LEAD
ELECTION SECURITY MATTERS.
(a) In General.--The Director of National Intelligence
shall designate a national counterintelligence officer within
the National Counterintelligence and Security Center to lead,
manage, and coordinate counterintelligence matters relating
to election security.
(b) Additional Responsibilities.--The person designated
under subsection (a) shall also lead, manage, and coordinate
counterintelligence matters relating to risks posed by
interference from foreign powers (as defined in section 101
of the Foreign Intelligence Surveillance Act of 1978 (50
U.S.C. 1801)) to the following:
(1) The Federal Government election security supply chain.
(2) Election voting systems and software.
(3) Voter registration databases.
(4) Critical infrastructure related to elections.
(5) Such other Government goods and services as the
Director of National Intelligence considers appropriate.
TITLE VI--SECURITY CLEARANCES
SEC. 601. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(E) the Committee on Armed Services of the House of
Representatives;
(F) the Committee on Appropriations of the House of
Representatives;
(G) the Committee on Homeland Security of the House of
Representatives; and
(H) the Committee on Oversight and Reform of the House of
Representatives.
(2) Appropriate industry partners.--The term ``appropriate
industry partner'' means a contractor, licensee, or grantee
(as defined in section 101(a) of Executive Order 12829 (50
U.S.C. 3161 note; relating to National Industrial Security
Program)) that is participating in the National Industrial
Security Program established by such Executive Order.
(3) Continuous vetting.--The term ``continuous vetting''
has the meaning given such term in Executive Order 13467 (50
U.S.C. 3161 note; relating to reforming processes related to
suitability for government employment, fitness for contractor
employees, and eligibility for access to classified national
security information).
(4) Council.--The term ``Council'' means the Security,
Suitability, and Credentialing Performance Accountability
Council established pursuant to such Executive Order, or any
successor entity.
(5) Security executive agent.--The term ``Security
Executive Agent'' means the officer serving as the Security
Executive Agent pursuant to section 803 of the National
Security Act of 1947, as added by section 605.
(6) Suitability and credentialing executive agent.--The
term ``Suitability and Credentialing Executive Agent'' means
the Director of the Office of Personnel Management acting as
the Suitability and Credentialing Executive Agent in
accordance with Executive Order 13467 (50 U.S.C. 3161 note;
relating to reforming processes related to suitability for
government employment, fitness for contractor employees, and
eligibility for access to classified national security
information), or any successor entity.
SEC. 602. REPORTS AND PLANS RELATING TO SECURITY CLEARANCES
AND BACKGROUND INVESTIGATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) ensuring the trustworthiness and security of the
workforce, facilities, and information of the Federal
Government is of the highest priority to national security
and public safety;
(2) the President and Congress should prioritize the
modernization of the personnel security framework to improve
its efficiency, effectiveness, and accountability;
(3) the current system for security clearance, suitability
and fitness for employment, and credentialing lacks
efficiencies and capabilities to meet the current threat
environment, recruit and retain a trusted workforce, and
capitalize on modern technologies; and
(4) changes to policies or processes to improve this system
should be vetted through the Council to ensure
standardization, portability, and reciprocity in security
clearances across the Federal Government.
(b) Accountability Plans and Reports.--
(1) Plans.--Not later than 90 days after the date of the
enactment of this Act, the Council shall submit to the
appropriate congressional committees and make available to
appropriate industry partners the following:
(A) A plan, with milestones, to reduce the background
investigation inventory to 200,000, or an otherwise
sustainable steady-level, by the end of year 2020. Such plan
shall include notes of any required changes in investigative
and adjudicative standards or resources.
(B) A plan to consolidate the conduct of background
investigations associated with the processing for security
clearances in the most effective and efficient manner between
the National Background Investigation Bureau and the Defense
Security Service, or a successor organization. Such plan
shall address required funding, personnel, contracts,
information technology, field office structure, policy,
governance, schedule, transition costs, and effects on
stakeholders.
(2) Report on the future of personnel security.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Chairman of the Council, in
coordination with the members of the Council, shall submit to
the appropriate congressional committees and make available
to appropriate industry partners a report on the future of
personnel security to reflect changes in threats, the
workforce, and technology.
(B) Contents.--The report submitted under subparagraph (A)
shall include the following:
(i) A risk framework for granting and renewing access to
classified information.
(ii) A discussion of the use of technologies to prevent,
detect, and monitor threats.
(iii) A discussion of efforts to address reciprocity and
portability.
(iv) A discussion of the characteristics of effective
insider threat programs.
(v) An analysis of how to integrate data from continuous
evaluation, insider threat programs, and human resources
data.
(vi) Recommendations on interagency governance.
(3) Plan for implementation.--Not later than 180 days after
the date of the enactment of this Act, the Chairman of the
Council, in coordination with the members of the Council,
shall submit to the appropriate congressional committees and
make available to appropriate industry partners a plan to
implement the report's framework and recommendations
submitted under paragraph (2)(A).
[[Page S3562]]
(4) Congressional notifications.--Not less frequently than
quarterly, the Security Executive Agent shall make available
to the public a report regarding the status of the
disposition of requests received from departments and
agencies of the Federal Government for a change to, or
approval under, the Federal investigative standards, the
national adjudicative guidelines, continuous evaluation, or
other national policy regarding personnel security.
SEC. 603. IMPROVING THE PROCESS FOR SECURITY CLEARANCES.
(a) Reviews.--Not later than 180 days after the date of the
enactment of this Act, the Security Executive Agent, in
coordination with the members of the Council, shall submit to
the appropriate congressional committees and make available
to appropriate industry partners a report that includes the
following:
(1) A review of whether the information requested on the
Questionnaire for National Security Positions (Standard Form
86) and by the Federal Investigative Standards prescribed by
the Office of Personnel Management and the Office of the
Director of National Intelligence appropriately supports the
adjudicative guidelines under Security Executive Agent
Directive 4 (known as the ``National Security Adjudicative
Guidelines''). Such review shall include identification of
whether any such information currently collected is
unnecessary to support the adjudicative guidelines.
(2) An assessment of whether such Questionnaire, Standards,
and guidelines should be revised to account for the prospect
of a holder of a security clearance becoming an insider
threat.
(3) Recommendations to improve the background investigation
process by--
(A) simplifying the Questionnaire for National Security
Positions (Standard Form 86) and increasing customer support
to applicants completing such Questionnaire;
(B) using remote techniques and centralized locations to
support or replace field investigation work;
(C) using secure and reliable digitization of information
obtained during the clearance process;
(D) building the capacity of the background investigation
labor sector; and
(E) replacing periodic reinvestigations with continuous
evaluation techniques in all appropriate circumstances.
(b) Policy, Strategy, and Implementation.--Not later than
180 days after the date of the enactment of this Act, the
Security Executive Agent shall, in coordination with the
members of the Council, establish the following:
(1) A policy and implementation plan for the issuance of
interim security clearances.
(2) A policy and implementation plan to ensure contractors
are treated consistently in the security clearance process
across agencies and departments of the United States as
compared to employees of such agencies and departments. Such
policy shall address--
(A) prioritization of processing security clearances based
on the mission the contractors will be performing;
(B) standardization in the forms that agencies issue to
initiate the process for a security clearance;
(C) digitization of background investigation-related forms;
(D) use of the polygraph;
(E) the application of the adjudicative guidelines under
Security Executive Agent Directive 4 (known as the ``National
Security Adjudicative Guidelines'');
(F) reciprocal recognition of clearances across agencies
and departments of the United States, regardless of status of
periodic reinvestigation;
(G) tracking of clearance files as individuals move from
employment with an agency or department of the United States
to employment in the private sector;
(H) collection of timelines for movement of contractors
across agencies and departments;
(I) reporting on security incidents and job performance,
consistent with section 552a of title 5, United States Code
(commonly known as the ``Privacy Act of 1974''), that may
affect the ability to hold a security clearance;
(J) any recommended changes to the Federal Acquisition
Regulations (FAR) necessary to ensure that information
affecting contractor clearances or suitability is
appropriately and expeditiously shared between and among
agencies and contractors; and
(K) portability of contractor security clearances between
or among contracts at the same agency and between or among
contracts at different agencies that require the same level
of clearance.
(3) A strategy and implementation plan that--
(A) provides for periodic reinvestigations as part of a
security clearance determination only on an as-needed, risk-
based basis;
(B) includes actions to assess the extent to which
automated records checks and other continuous evaluation
methods may be used to expedite or focus reinvestigations;
and
(C) provides an exception for certain populations if the
Security Executive Agent--
(i) determines such populations require reinvestigations at
regular intervals; and
(ii) provides written justification to the appropriate
congressional committees for any such determination.
(4) A policy and implementation plan for agencies and
departments of the United States, as a part of the security
clearance process, to accept automated records checks
generated pursuant to a security clearance applicant's
employment with a prior employer.
(5) A policy for the use of certain background materials on
individuals collected by the private sector for background
investigation purposes.
(6) Uniform standards for agency continuous evaluation
programs to ensure quality and reciprocity in accepting
enrollment in a continuous vetting program as a substitute
for a periodic investigation for continued access to
classified information.
SEC. 604. GOALS FOR PROMPTNESS OF DETERMINATIONS REGARDING
SECURITY CLEARANCES.
(a) Reciprocity Defined.--In this section, the term
``reciprocity'' means reciprocal recognition by Federal
departments and agencies of eligibility for access to
classified information.
(b) In General.--The Council shall reform the security
clearance process with the objective that, by December 31,
2021, 90 percent of all determinations, other than
determinations regarding populations identified under section
603(b)(3)(C), regarding--
(1) security clearances--
(A) at the secret level are issued in 30 days or fewer; and
(B) at the top secret level are issued in 90 days or fewer;
and
(2) reciprocity of security clearances at the same level
are recognized in 2 weeks or fewer.
(c) Certain Reinvestigations.--The Council shall reform the
security clearance process with the goal that by December 31,
2021, reinvestigation on a set periodicity is not required
for more than 10 percent of the population that holds a
security clearance.
(d) Equivalent Metrics.--
(1) In general.--If the Council develops a set of
performance metrics that it certifies to the appropriate
congressional committees should achieve substantially
equivalent outcomes as those outlined in subsections (b) and
(c), the Council may use those metrics for purposes of
compliance within this provision.
(2) Notice.--If the Council uses the authority provided by
paragraph (1) to use metrics as described in such paragraph,
the Council shall, not later than 30 days after communicating
such metrics to departments and agencies, notify the
appropriate congressional committees that it is using such
authority.
(e) Plan.--Not later than 180 days after the date of the
enactment of this Act, the Council shall submit to the
appropriate congressional committees and make available to
appropriate industry partners a plan to carry out this
section. Such plan shall include recommended interim
milestones for the goals set forth in subsections (b) and (c)
for 2019, 2020, and 2021.
SEC. 605. SECURITY EXECUTIVE AGENT.
(a) In General.--Title VIII of the National Security Act of
1947 (50 U.S.C. 3161 et seq.) is amended--
(1) by redesignating sections 803 and 804 as sections 804
and 805, respectively; and
(2) by inserting after section 802 the following:
``SEC. 803. SECURITY EXECUTIVE AGENT.
``(a) In General.--The Director of National Intelligence,
or such other officer of the United States as the President
may designate, shall serve as the Security Executive Agent
for all departments and agencies of the United States.
``(b) Duties.--The duties of the Security Executive Agent
are as follows:
``(1) To direct the oversight of investigations,
reinvestigations, adjudications, and, as applicable,
polygraphs for eligibility for access to classified
information or eligibility to hold a sensitive position made
by any Federal agency.
``(2) To review the national security background
investigation and adjudication programs of Federal agencies
to determine whether such programs are being implemented in
accordance with this section.
``(3) To develop and issue uniform and consistent policies
and procedures to ensure the effective, efficient, timely,
and secure completion of investigations, polygraphs, and
adjudications relating to determinations of eligibility for
access to classified information or eligibility to hold a
sensitive position.
``(4) Unless otherwise designated by law, to serve as the
final authority to designate a Federal agency or agencies to
conduct investigations of persons who are proposed for access
to classified information or for eligibility to hold a
sensitive position to ascertain whether such persons satisfy
the criteria for obtaining and retaining access to classified
information or eligibility to hold a sensitive position, as
applicable.
``(5) Unless otherwise designated by law, to serve as the
final authority to designate a Federal agency or agencies to
determine eligibility for access to classified information or
eligibility to hold a sensitive position in accordance with
Executive Order 12968 (50 U.S.C. 3161 note; relating to
access to classified information).
``(6) To ensure reciprocal recognition of eligibility for
access to classified information or eligibility to hold a
sensitive position among Federal agencies, including acting
as the final authority to arbitrate and resolve disputes
among such agencies involving the reciprocity of
investigations and adjudications of eligibility.
``(7) To execute all other duties assigned to the Security
Executive Agent by law.
[[Page S3563]]
``(c) Authorities.--The Security Executive Agent shall--
``(1) issue guidelines and instructions to the heads of
Federal agencies to ensure appropriate uniformity,
centralization, efficiency, effectiveness, timeliness, and
security in processes relating to determinations by such
agencies of eligibility for access to classified information
or eligibility to hold a sensitive position, including such
matters as investigations, polygraphs, adjudications, and
reciprocity;
``(2) have the authority to grant exceptions to, or waivers
of, national security investigative requirements, including
issuing implementing or clarifying guidance, as necessary;
``(3) have the authority to assign, in whole or in part, to
the head of any Federal agency (solely or jointly) any of the
duties of the Security Executive Agent described in
subsection (b) or the authorities described in paragraphs (1)
and (2), provided that the exercise of such assigned duties
or authorities is subject to the oversight of the Security
Executive Agent, including such terms and conditions
(including approval by the Security Executive Agent) as the
Security Executive Agent determines appropriate; and
``(4) define and set standards for continuous evaluation
for continued access to classified information and for
eligibility to hold a sensitive position.''.
(b) Report on Recommendations for Revising Authorities.--
Not later than 30 days after the date on which the Chairman
of the Council submits to the appropriate congressional
committees the report required by section 602(b)(2)(A), the
Chairman shall submit to the appropriate congressional
committees such recommendations as the Chairman may have for
revising the authorities of the Security Executive Agent.
(c) Conforming Amendment.--Section 103H(j)(4)(A) of such
Act (50 U.S.C. 3033(j)(4)(A)) is amended by striking ``in
section 804'' and inserting ``in section 805''.
(d) Clerical Amendment.--The table of contents in the
matter preceding section 2 of such Act (50 U.S.C. 3002) is
amended by striking the items relating to sections 803 and
804 and inserting the following:
``Sec. 803. Security Executive Agent.
``Sec. 804. Exceptions.
``Sec. 805. Definitions.''.
SEC. 606. REPORT ON UNIFIED, SIMPLIFIED, GOVERNMENTWIDE
STANDARDS FOR POSITIONS OF TRUST AND SECURITY
CLEARANCES.
Not later than 90 days after the date of the enactment of
this Act, the Security Executive Agent and the Suitability
and Credentialing Executive Agent, in coordination with the
other members of the Council, shall jointly submit to the
appropriate congressional committees and make available to
appropriate industry partners a report regarding the
advisability and the risks, benefits, and costs to the
Government and to industry of consolidating to not more than
3 tiers for positions of trust and security clearances.
SEC. 607. REPORT ON CLEARANCE IN PERSON CONCEPT.
(a) Sense of Congress.--It is the sense of Congress that to
reflect the greater mobility of the modern workforce,
alternative methodologies merit analysis to allow greater
flexibility for individuals moving in and out of positions
that require access to classified information, while still
preserving security.
(b) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Security Executive Agent
shall submit to the appropriate congressional committees and
make available to appropriate industry partners a report that
describes the requirements, feasibility, and advisability of
implementing a clearance in person concept described in
subsection (c).
(c) Clearance in Person Concept.--The clearance in person
concept--
(1) permits an individual who once held a security
clearance to maintain his or her eligibility for access to
classified information, networks, and facilities for up to 3
years after the individual's eligibility for access to
classified information would otherwise lapse; and
(2) recognizes, unless otherwise directed by the Security
Executive Agent, an individual's security clearance and
background investigation as current, regardless of employment
status, contingent on enrollment in a continuous vetting
program.
(d) Contents.--The report required under subsection (b)
shall address--
(1) requirements for an individual to voluntarily remain in
a continuous evaluation program validated by the Security
Executive Agent even if the individual is not in a position
requiring access to classified information;
(2) appropriate safeguards for privacy;
(3) advantages to government and industry;
(4) the costs and savings associated with implementation;
(5) the risks of such implementation, including security
and counterintelligence risks;
(6) an appropriate funding model; and
(7) fairness to small companies and independent
contractors.
SEC. 608. BUDGET REQUEST DOCUMENTATION ON FUNDING FOR
BACKGROUND INVESTIGATIONS.
(a) In General.--As part of the fiscal year 2020 budget
request submitted to Congress pursuant to section 1105(a) of
title 31, United States Code, the President shall include
exhibits that identify the resources expended by each agency
during the prior fiscal year for processing background
investigations and continuous evaluation programs,
disaggregated by tier and whether the individual was a
Government employee or contractor.
(b) Contents.--Each exhibit submitted under subsection (a)
shall include details on--
(1) the costs of background investigations or
reinvestigations;
(2) the costs associated with background investigations for
Government or contract personnel;
(3) costs associated with continuous evaluation initiatives
monitoring for each person for whom a background
investigation or reinvestigation was conducted, other than
costs associated with adjudication;
(4) the average per person cost for each type of background
investigation; and
(5) a summary of transfers and reprogrammings that were
executed in the previous year to support the processing of
security clearances.
SEC. 609. REPORTS ON RECIPROCITY FOR SECURITY CLEARANCES
INSIDE OF DEPARTMENTS AND AGENCIES.
(a) Reciprocally Recognized Defined.--In this section, the
term ``reciprocally recognized'' means reciprocal recognition
by Federal departments and agencies of eligibility for access
to classified information.
(b) Reports to Security Executive Agent.--The head of each
Federal department or agency shall submit an annual report to
the Security Executive Agent that--
(1) identifies the number of individuals whose security
clearances take more than 2 weeks to be reciprocally
recognized after such individuals move to another part of
such department or agency; and
(2) breaks out the information described in paragraph (1)
by type of clearance and the reasons for any delays.
(c) Annual Report.--Not less frequently than once each
year, the Security Executive Agent shall submit to the
appropriate congressional committees and make available to
industry partners an annual report that summarizes the
information received pursuant to subsection (b) during the
period covered by such report.
SEC. 610. INTELLIGENCE COMMUNITY REPORTS ON SECURITY
CLEARANCES.
Section 506H of the National Security Act of 1947 (50
U.S.C. 3104) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)(ii), by adding ``and'' at the end;
(B) in subparagraph (B)(ii), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (C);
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following:
``(b) Intelligence Community Reports.--(1)(A) Not later
than March 1 of each year, the Director of National
Intelligence shall submit a report to the congressional
intelligence committees, the Committee on Homeland Security
and Governmental Affairs of the Senate, the Committee on
Homeland Security of the House of Representatives, and the
Committee on Oversight and Reform of the House of
Representatives regarding the security clearances processed
by each element of the intelligence community during the
preceding fiscal year.
``(B) The Director shall submit to the Committee on Armed
Services of the Senate and the Committee on Armed Services of
the House of Representatives such portions of the report
submitted under subparagraph (A) as the Director determines
address elements of the intelligence community that are
within the Department of Defense.
``(C) Each report submitted under this paragraph shall
separately identify security clearances processed for Federal
employees and contractor employees sponsored by each such
element.
``(2) Each report submitted under paragraph (1)(A) shall
include, for each element of the intelligence community for
the fiscal year covered by the report, the following:
``(A) The total number of initial security clearance
background investigations sponsored for new applicants.
``(B) The total number of security clearance periodic
reinvestigations sponsored for existing employees.
``(C) The total number of initial security clearance
background investigations for new applicants that were
adjudicated with notice of a determination provided to the
prospective applicant, including--
``(i) the total number of such adjudications that were
adjudicated favorably and granted access to classified
information; and
``(ii) the total number of such adjudications that were
adjudicated unfavorably and resulted in a denial or
revocation of a security clearance.
``(D) The total number of security clearance periodic
background investigations that were adjudicated with notice
of a determination provided to the existing employee,
including--
``(i) the total number of such adjudications that were
adjudicated favorably; and
``(ii) the total number of such adjudications that were
adjudicated unfavorably and resulted in a denial or
revocation of a security clearance.
``(E) The total number of pending security clearance
background investigations, including initial applicant
investigations and periodic reinvestigations, that were not
adjudicated as of the last day of such year and that remained
pending, categorized as follows:
[[Page S3564]]
``(i) For 180 days or shorter.
``(ii) For longer than 180 days, but shorter than 12
months.
``(iii) For 12 months or longer, but shorter than 18
months.
``(iv) For 18 months or longer, but shorter than 24 months.
``(v) For 24 months or longer.
``(F) For any security clearance determinations completed
or pending during the year preceding the year for which the
report is submitted that have taken longer than 12 months to
complete--
``(i) an explanation of the causes for the delays incurred
during the period covered by the report; and
``(ii) the number of such delays involving a polygraph
requirement.
``(G) The percentage of security clearance investigations,
including initial and periodic reinvestigations, that
resulted in a denial or revocation of a security clearance.
``(H) The percentage of security clearance investigations
that resulted in incomplete information.
``(I) The percentage of security clearance investigations
that did not result in enough information to make a decision
on potentially adverse information.
``(3) The report required under this subsection shall be
submitted in unclassified form, but may include a classified
annex.''; and
(4) in subsection (c), as redesignated, by striking
``subsection (a)(1)'' and inserting ``subsections (a)(1) and
(b)''.
SEC. 611. PERIODIC REPORT ON POSITIONS IN THE INTELLIGENCE
COMMUNITY THAT CAN BE CONDUCTED WITHOUT ACCESS
TO CLASSIFIED INFORMATION, NETWORKS, OR
FACILITIES.
Not later than 180 days after the date of the enactment of
this Act and not less frequently than once every 5 years
thereafter, the Director of National Intelligence shall
submit to the congressional intelligence committees a report
that reviews the intelligence community for which positions
can be conducted without access to classified information,
networks, or facilities, or may only require a security
clearance at the secret level.
SEC. 612. INFORMATION SHARING PROGRAM FOR POSITIONS OF TRUST
AND SECURITY CLEARANCES.
(a) Program Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Security Executive Agent and
the Suitability and Credentialing Executive Agent shall
establish and implement a program to share between and among
agencies of the Federal Government and industry partners of
the Federal Government relevant background information
regarding individuals applying for and currently occupying
national security positions and positions of trust, in order
to ensure the Federal Government maintains a trusted
workforce.
(2) Designation.--The program established under paragraph
(1) shall be known as the ``Trusted Information Provider
Program'' (in this section referred to as the ``Program'').
(b) Privacy Safeguards.--The Security Executive Agent and
the Suitability and Credentialing Executive Agent shall
ensure that the Program includes such safeguards for privacy
as the Security Executive Agent and the Suitability and
Credentialing Executive Agent consider appropriate.
(c) Provision of Information to the Federal Government.--
The Program shall include requirements that enable
investigative service providers and agencies of the Federal
Government to leverage certain pre-employment information
gathered during the employment or military recruiting
process, and other relevant security or human resources
information obtained during employment with or for the
Federal Government, that satisfy Federal investigative
standards, while safeguarding personnel privacy.
(d) Information and Records.--The information and records
considered under the Program shall include the following:
(1) Date and place of birth.
(2) Citizenship or immigration and naturalization
information.
(3) Education records.
(4) Employment records.
(5) Employment or social references.
(6) Military service records.
(7) State and local law enforcement checks.
(8) Criminal history checks.
(9) Financial records or information.
(10) Foreign travel, relatives, or associations.
(11) Social media checks.
(12) Such other information or records as may be relevant
to obtaining or maintaining national security, suitability,
fitness, or credentialing eligibility.
(e) Implementation Plan.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Security Executive Agent and
the Suitability and Credentialing Executive Agent shall
jointly submit to the appropriate congressional committees
and make available to appropriate industry partners a plan
for the implementation of the Program.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) Mechanisms that address privacy, national security,
suitability or fitness, credentialing, and human resources or
military recruitment processes.
(B) Such recommendations for legislative or administrative
action as the Security Executive Agent and the Suitability
and Credentialing Executive Agent consider appropriate to
carry out or improve the Program.
(f) Plan for Pilot Program on Two-way Information
Sharing.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Security Executive Agent and
the Suitability and Credentialing Executive Agent shall
jointly submit to the appropriate congressional committees
and make available to appropriate industry partners a plan
for the implementation of a pilot program to assess the
feasibility and advisability of expanding the Program to
include the sharing of information held by the Federal
Government related to contract personnel with the security
office of the employers of those contractor personnel.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) Mechanisms that address privacy, national security,
suitability or fitness, credentialing, and human resources or
military recruitment processes.
(B) Such recommendations for legislative or administrative
action as the Security Executive Agent and the Suitability
and Credentialing Executive Agent consider appropriate to
carry out or improve the pilot program.
(g) Review.--Not later than 1 year after the date of the
enactment of this Act, the Security Executive Agent and the
Suitability and Credentialing Executive Agent shall jointly
submit to the appropriate congressional committees and make
available to appropriate industry partners a review of the
plans submitted under subsections (e)(1) and (f)(1) and
utility and effectiveness of the programs described in such
plans.
SEC. 613. REPORT ON PROTECTIONS FOR CONFIDENTIALITY OF
WHISTLEBLOWER-RELATED COMMUNICATIONS.
Not later than 180 days after the date of the enactment of
this Act, the Security Executive Agent shall, in coordination
with the Inspector General of the Intelligence Community,
submit to the appropriate congressional committees a report
detailing the controls employed by the intelligence community
to ensure that continuous vetting programs, including those
involving user activity monitoring, protect the
confidentiality of whistleblower-related communications.
TITLE VII--REPORTS AND OTHER MATTERS
Subtitle A--Matters Relating to Russia and Other Foreign Powers
SEC. 701. LIMITATION RELATING TO ESTABLISHMENT OR SUPPORT OF
CYBERSECURITY UNIT WITH THE RUSSIAN FEDERATION.
(a) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives;
and
(3) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(b) Limitation.--
(1) In general.--No amount may be expended by the Federal
Government, other than the Department of Defense, to enter
into or implement any bilateral agreement between the United
States and the Russian Federation regarding cybersecurity,
including the establishment or support of any cybersecurity
unit, unless, at least 30 days prior to the conclusion of any
such agreement, the Director of National Intelligence submits
to the appropriate congressional committees a report on such
agreement that includes the elements required by subsection
(c).
(2) Department of defense agreements.--Any agreement
between the Department of Defense and the Russian Federation
regarding cybersecurity shall be conducted in accordance with
section 1232 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328), as amended by section
1231 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91).
(c) Elements.--If the Director submits a report under
subsection (b) with respect to an agreement, such report
shall include a description of each of the following:
(1) The purpose of the agreement.
(2) The nature of any intelligence to be shared pursuant to
the agreement.
(3) The expected value to national security resulting from
the implementation of the agreement.
(4) Such counterintelligence concerns associated with the
agreement as the Director may have and such measures as the
Director expects to be taken to mitigate such concerns.
(d) Rule of Construction.--This section shall not be
construed to affect any existing authority of the Director of
National Intelligence, the Director of the Central
Intelligence Agency, or another head of an element of the
intelligence community, to share or receive foreign
intelligence on a case-by-case basis.
SEC. 702. REPORT ON RETURNING RUSSIAN COMPOUNDS.
(a) Covered Compounds Defined.--In this section, the term
``covered compounds'' means the real property in New York,
the real property in Maryland, and the real property in San
Francisco, California, that were
[[Page S3565]]
under the control of the Government of Russia in 2016 and
were removed from such control in response to various
transgressions by the Government of Russia, including the
interference by the Government of Russia in the 2016 election
in the United States.
(b) Requirement for Report.--Not later than 180 days after
the date of the enactment of this Act, the Director of
National Intelligence shall submit to the congressional
intelligence committees, and the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs
of the House of Representatives (only with respect to the
unclassified report), a report on the intelligence risks of
returning the covered compounds to Russian control.
(c) Form of Report.--The report required by this section
shall be submitted in classified and unclassified forms.
SEC. 703. ASSESSMENT OF THREAT FINANCE RELATING TO RUSSIA.
(a) Threat Finance Defined.--In this section, the term
``threat finance'' means--
(1) the financing of cyber operations, global influence
campaigns, intelligence service activities, proliferation,
terrorism, or transnational crime and drug organizations;
(2) the methods and entities used to spend, store, move,
raise, conceal, or launder money or value, on behalf of
threat actors;
(3) sanctions evasion; and
(4) other forms of threat finance activity domestically or
internationally, as defined by the President.
(b) Report Required.--Not later than 60 days after the date
of the enactment of this Act, the Director of National
Intelligence, in coordination with the Assistant Secretary of
the Treasury for Intelligence and Analysis, shall submit to
the congressional intelligence committees a report containing
an assessment of Russian threat finance. The assessment shall
be based on intelligence from all sources, including from the
Office of Terrorism and Financial Intelligence of the
Department of the Treasury.
(c) Elements.--The report required by subsection (b) shall
include each of the following:
(1) A summary of leading examples from the 3-year period
preceding the date of the submittal of the report of threat
finance activities conducted by, for the benefit of, or at
the behest of--
(A) officials of the Government of Russia;
(B) persons subject to sanctions under any provision of law
imposing sanctions with respect to Russia;
(C) Russian nationals subject to sanctions under any other
provision of law; or
(D) Russian oligarchs or organized criminals.
(2) An assessment with respect to any trends or patterns in
threat finance activities relating to Russia, including
common methods of conducting such activities and global nodes
of money laundering used by Russian threat actors described
in paragraph (1) and associated entities.
(3) An assessment of any connections between Russian
individuals involved in money laundering and the Government
of Russia.
(4) A summary of engagement and coordination with
international partners on threat finance relating to Russia,
especially in Europe, including examples of such engagement
and coordination.
(5) An identification of any resource and collection gaps.
(6) An identification of--
(A) entry points of money laundering by Russian and
associated entities into the United States;
(B) any vulnerabilities within the United States legal and
financial system, including specific sectors, which have been
or could be exploited in connection with Russian threat
finance activities; and
(C) the counterintelligence threat posed by Russian money
laundering and other forms of threat finance, as well as the
threat to the United States financial system and United
States efforts to enforce sanctions and combat organized
crime.
(7) Any other matters the Director determines appropriate.
(d) Form of Report.--The report required under subsection
(b) may be submitted in classified form.
SEC. 704. NOTIFICATION OF AN ACTIVE MEASURES CAMPAIGN.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives;
and
(C) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of Representatives.
(b) Requirement for Notification.--The Director of National
Intelligence, in cooperation with the Director of the Federal
Bureau of Investigation and the head of any other relevant
agency, shall notify the congressional leadership and the
Chairman and Vice Chairman or Ranking Member of each of the
appropriate congressional committees, and of other relevant
committees of jurisdiction, each time the Director of
National Intelligence determines there is credible
information that a foreign power has, is, or will attempt to
employ a covert influence or active measures campaign with
regard to the modernization, employment, doctrine, or force
posture of the nuclear deterrent or missile defense.
(c) Content of Notification.--Each notification required by
subsection (b) shall include information concerning actions
taken by the United States to expose or halt an attempt
referred to in subsection (b).
SEC. 705. NOTIFICATION OF TRAVEL BY ACCREDITED DIPLOMATIC AND
CONSULAR PERSONNEL OF THE RUSSIAN FEDERATION IN
THE UNITED STATES.
In carrying out the advance notification requirements set
out in section 502 of the Intelligence Authorization Act for
Fiscal Year 2017 (division N of Public Law 115-31; 131 Stat.
825; 22 U.S.C. 254a note), the Secretary of State shall--
(1) ensure that the Russian Federation provides
notification to the Secretary of State at least 2 business
days in advance of all travel that is subject to such
requirements by accredited diplomatic and consular personnel
of the Russian Federation in the United States, and take
necessary action to secure full compliance by Russian
personnel and address any noncompliance; and
(2) provide notice of travel described in paragraph (1) to
the Director of National Intelligence and the Director of the
Federal Bureau of Investigation within 1 hour of receiving
notice of such travel.
SEC. 706. REPORT ON OUTREACH STRATEGY ADDRESSING THREATS FROM
UNITED STATES ADVERSARIES TO THE UNITED STATES
TECHNOLOGY SECTOR.
(a) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(3) the Committee on Armed Services, Committee on Homeland
Security, and the Committee on Oversight and Reform of the
House of Representatives.
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a report detailing outreach by the intelligence
community and the Defense Intelligence Enterprise to United
States industrial, commercial, scientific, technical, and
academic communities on matters relating to the efforts of
adversaries of the United States to acquire critical United
States technology, intellectual property, and research and
development information.
(c) Contents.--The report required by subsection (b) shall
include the following:
(1) A review of the current outreach efforts of the
intelligence community and the Defense Intelligence
Enterprise described in subsection (b), including the type of
information conveyed in the outreach.
(2) A determination of the appropriate element of the
intelligence community to lead such outreach efforts.
(3) An assessment of potential methods for improving the
effectiveness of such outreach, including an assessment of
the following:
(A) Those critical technologies, infrastructure, or related
supply chains that are at risk from the efforts of
adversaries described in subsection (b).
(B) The necessity and advisability of granting security
clearances to company or community leadership, when necessary
and appropriate, to allow for tailored classified briefings
on specific targeted threats.
(C) The advisability of partnering with entities of the
Federal Government that are not elements of the intelligence
community and relevant regulatory and industry groups
described in subsection (b), to convey key messages across
sectors targeted by United States adversaries.
(D) Strategies to assist affected elements of the
communities described in subparagraph (C) in mitigating,
deterring, and protecting against the broad range of threats
from the efforts of adversaries described in subsection (b),
with focus on producing information that enables private
entities to justify business decisions related to national
security concerns.
(E) The advisability of the establishment of a United
States Government-wide task force to coordinate outreach and
activities to combat the threats from efforts of adversaries
described in subsection (b).
(F) Such other matters as the Director of National
Intelligence may consider necessary.
(d) Consultation Encouraged.--In preparing the report
required by subsection (b), the Director is encouraged to
consult with other government agencies, think tanks,
academia, representatives of the financial industry, or such
other entities as the Director considers appropriate.
(e) Form.--The report required by subsection (b) shall be
submitted in unclassified form, but may include a classified
annex as necessary.
SEC. 707. REPORT ON IRANIAN SUPPORT OF PROXY FORCES IN SYRIA
AND LEBANON.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
[[Page S3566]]
(A) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives.
(2) Arms or related material.--The term ``arms or related
material'' means--
(A) nuclear, biological, chemical, or radiological weapons
or materials or components of such weapons;
(B) ballistic or cruise missile weapons or materials or
components of such weapons;
(C) destabilizing numbers and types of advanced
conventional weapons;
(D) defense articles or defense services, as those terms
are defined in paragraphs (3) and (4), respectively, of
section 47 of the Arms Export Control Act (22 U.S.C. 2794);
(E) defense information, as that term is defined in section
644 of the Foreign Assistance Act of 1961 (22 U.S.C. 2403);
or
(F) items designated by the President for purposes of the
United States Munitions List under section 38(a)(1) of the
Arms Export Control Act (22 U.S.C. 2778(a)(1)).
(b) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit to the appropriate committees of
Congress a report on Iranian support of proxy forces in Syria
and Lebanon and the threat posed to Israel, other United
States regional allies, and other specified interests of the
United States as a result of such support.
(c) Matters for Inclusion.--The report required under
subsection (b) shall include information relating to the
following matters with respect to both the strategic and
tactical implications for the United States and its allies:
(1) A description of arms or related materiel transferred
by Iran to Hizballah since March 2011, including the number
of such arms or related materiel and whether such transfer
was by land, sea, or air, as well as financial and additional
technological capabilities transferred by Iran to Hizballah.
(2) A description of Iranian and Iranian-controlled
personnel, including Hizballah, Shiite militias, and Iran's
Revolutionary Guard Corps forces, operating within Syria,
including the number and geographic distribution of such
personnel operating within 30 kilometers of the Israeli
borders with Syria and Lebanon.
(3) An assessment of Hizballah's operational lessons
learned based on its recent experiences in Syria.
(4) A description of any rocket-producing facilities in
Lebanon for nonstate actors, including whether such
facilities were assessed to be built at the direction of
Hizballah leadership, Iranian leadership, or in consultation
between Iranian leadership and Hizballah leadership.
(5) An analysis of the foreign and domestic supply chains
that significantly facilitate, support, or otherwise aid
Hizballah's acquisition or development of missile production
facilities, including the geographic distribution of such
foreign and domestic supply chains.
(6) An assessment of the provision of goods, services, or
technology transferred by Iran or its affiliates to Hizballah
to indigenously manufacture or otherwise produce missiles.
(7) An identification of foreign persons that are based on
credible information, facilitating the transfer of
significant financial support or arms or related materiel to
Hizballah.
(8) A description of the threat posed to Israel and other
United States allies in the Middle East by the transfer of
arms or related material or other support offered to
Hizballah and other proxies from Iran.
(d) Form of Report.--The report required under subsection
(b) shall be submitted in unclassified form, but may include
a classified annex.
SEC. 708. ANNUAL REPORT ON IRANIAN EXPENDITURES SUPPORTING
FOREIGN MILITARY AND TERRORIST ACTIVITIES.
(a) Annual Report Required.--Not later than 90 days after
the date of the enactment of this Act and not less frequently
than once each year thereafter, the Director of National
Intelligence shall submit to Congress a report describing
Iranian expenditures in the previous calendar year on
military and terrorist activities outside the country,
including each of the following:
(1) The amount spent in such calendar year on activities by
the Islamic Revolutionary Guard Corps, including activities
providing support for--
(A) Hizballah;
(B) Houthi rebels in Yemen;
(C) Hamas;
(D) proxy forces in Iraq and Syria; or
(E) any other entity or country the Director determines to
be relevant.
(2) The amount spent in such calendar year for ballistic
missile research and testing or other activities that the
Director determines are destabilizing to the Middle East
region.
(b) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a
classified annex.
SEC. 709. EXPANSION OF SCOPE OF COMMITTEE TO COUNTER ACTIVE
MEASURES AND REPORT ON ESTABLISHMENT OF FOREIGN
MALIGN INFLUENCE CENTER.
(a) Scope of Committee to Counter Active Measures.--
(1) In general.--Section 501 of the Intelligence
Authorization Act for Fiscal Year 2017 (Public Law 115-31; 50
U.S.C. 3001 note) is amended--
(A) in subsections (a) through (h)--
(i) by inserting ``, the People's Republic of China, the
Islamic Republic of Iran, the Democratic People's Republic of
Korea, or other nation state'' after ``Russian Federation''
each place it appears; and
(ii) by inserting ``, China, Iran, North Korea, or other
nation state'' after ``Russia'' each place it appears; and
(B) in the section heading, by inserting ``, the people's
republic of china, the islamic republic of iran, the
democratic people's republic of korea, or other nation
state'' after ``russian federation''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by striking the item relating to
section 501 and inserting the following new item:
``Sec. 501. Committee to counter active measures by the Russian
Federation, the People's Republic of China, the Islamic
Republic of Iran, the Democratic People's Republic of
Korea, and other nation states to exert covert influence
over peoples and governments.''.
(b) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in coordination with such elements of the
intelligence community as the Director considers relevant,
shall submit to the congressional intelligence committees a
report on the feasibility and advisability of establishing a
center, to be known as the ``Foreign Malign Influence
Response Center'', that--
(A) is comprised of analysts from all appropriate elements
of the intelligence community, including elements with
related diplomatic and law enforcement functions;
(B) has access to all intelligence and other reporting
acquired by the United States Government on foreign efforts
to influence, through overt and covert malign activities,
United States political processes and elections;
(C) provides comprehensive assessment, and indications and
warning, of such activities; and
(D) provides for enhanced dissemination of such assessment
to United States policy makers.
(2) Contents.--The Report required by paragraph (1) shall
include the following:
(A) A discussion of the desirability of the establishment
of such center and any barriers to such establishment.
(B) Such recommendations and other matters as the Director
considers appropriate.
Subtitle B--Reports
SEC. 711. TECHNICAL CORRECTION TO INSPECTOR GENERAL STUDY.
Section 11001(d) of title 5, United States Code, is
amended--
(1) in the subsection heading, by striking ``Audit'' and
inserting ``Review'';
(2) in paragraph (1), by striking ``audit'' and inserting
``review''; and
(3) in paragraph (2), by striking ``audit'' and inserting
``review''.
SEC. 712. REPORTS ON AUTHORITIES OF THE CHIEF INTELLIGENCE
OFFICER OF THE DEPARTMENT OF HOMELAND SECURITY.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(C) the Committee on Homeland Security of the House of
Representatives.
(2) Homeland security intelligence enterprise.--The term
``Homeland Security Intelligence Enterprise'' has the meaning
given such term in Department of Homeland Security
Instruction Number 264-01-001, or successor authority.
(b) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Homeland
Security, in consultation with the Under Secretary of
Homeland Security for Intelligence and Analysis, shall submit
to the appropriate committees of Congress a report on the
authorities of the Under Secretary.
(c) Elements.--The report required by subsection (b) shall
include each of the following:
(1) An analysis of whether the Under Secretary has the
legal and policy authority necessary to organize and lead the
Homeland Security Intelligence Enterprise, with respect to
intelligence, and, if not, a description of--
(A) the obstacles to exercising the authorities of the
Chief Intelligence Officer of the Department and the Homeland
Security Intelligence Council, of which the Chief
Intelligence Officer is the chair; and
(B) the legal and policy changes necessary to effectively
coordinate, organize, and lead intelligence activities of the
Department of Homeland Security.
(2) A description of the actions that the Secretary has
taken to address the inability of the Under Secretary to
require components of the Department, other than the Office
of Intelligence and Analysis of the Department to--
(A) coordinate intelligence programs; and
(B) integrate and standardize intelligence products
produced by such other components.
[[Page S3567]]
SEC. 713. REPORT ON CYBER EXCHANGE PROGRAM.
(a) Report.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees a
report on the potential establishment of a fully voluntary
exchange program between elements of the intelligence
community and private technology companies under which--
(1) an employee of an element of the intelligence community
with demonstrated expertise and work experience in
cybersecurity or related disciplines may elect to be
temporarily detailed to a private technology company that has
elected to receive the detailee; and
(2) an employee of a private technology company with
demonstrated expertise and work experience in cybersecurity
or related disciplines may elect to be temporarily detailed
to an element of the intelligence community that has elected
to receive the detailee.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) An assessment of the feasibility of establishing the
exchange program described in such subsection.
(2) Identification of any challenges in establishing the
exchange program.
(3) An evaluation of the benefits to the intelligence
community that would result from the exchange program.
SEC. 714. REVIEW OF INTELLIGENCE COMMUNITY WHISTLEBLOWER
MATTERS.
(a) Review of Whistleblower Matters.--The Inspector General
of the Intelligence Community, in consultation with the
inspectors general for the Central Intelligence Agency, the
National Security Agency, the National Geospatial-
Intelligence Agency, the Defense Intelligence Agency, and the
National Reconnaissance Office, shall conduct a review of the
authorities, policies, investigatory standards, and other
practices and procedures relating to intelligence community
whistleblower matters, with respect to such inspectors
general.
(b) Objective of Review.--The objective of the review
required under subsection (a) is to identify any
discrepancies, inconsistencies, or other issues, which
frustrate the timely and effective reporting of intelligence
community whistleblower matters to appropriate inspectors
general and to the congressional intelligence committees, and
the fair and expeditious investigation and resolution of such
matters.
(c) Conduct of Review.--The Inspector General of the
Intelligence Community shall take such measures as the
Inspector General determines necessary in order to ensure
that the review required by subsection (a) is conducted in an
independent and objective fashion.
(d) Report.--Not later than 270 days after the date of the
enactment of this Act, the Inspector General of the
Intelligence Community shall submit to the congressional
intelligence committees a written report containing the
results of the review required under subsection (a), along
with recommendations to improve the timely and effective
reporting of intelligence community whistleblower matters to
inspectors general and to the congressional intelligence
committees and the fair and expeditious investigation and
resolution of such matters.
SEC. 715. REPORT ON ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE
WITH RESPECT TO CERTAIN FOREIGN INVESTMENTS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence,
in consultation with the heads of the elements of the
intelligence community determined appropriate by the
Director, shall submit to the congressional intelligence
committees a report on the role of the Director in preparing
analytic materials in connection with the evaluation by the
Federal Government of national security risks associated with
potential foreign investments into the United States.
(b) Elements.--The report under subsection (a) shall
include--
(1) a description of the current process for the provision
of the analytic materials described in subsection (a);
(2) an identification of the most significant benefits and
drawbacks of such process with respect to the role of the
Director, including the sufficiency of resources and
personnel to prepare such materials; and
(3) recommendations to improve such process.
SEC. 716. REPORT ON SURVEILLANCE BY FOREIGN GOVERNMENTS
AGAINST UNITED STATES TELECOMMUNICATIONS
NETWORKS.
(a) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The congressional intelligence committees.
(2) The Committee on the Judiciary and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(3) The Committee on the Judiciary and the Committee on
Homeland Security of the House of Representatives.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence
shall, in coordination with the Director of the Central
Intelligence Agency, the Director of the National Security
Agency, the Director of the Federal Bureau of Investigation,
and the Secretary of Homeland Security, submit to the
appropriate congressional committees a report describing--
(1) any attempts known to the intelligence community by
foreign governments to exploit cybersecurity vulnerabilities
in United States telecommunications networks (including
Signaling System No. 7) to target for surveillance United
States persons, including employees of the Federal
Government; and
(2) any actions, as of the date of the enactment of this
Act, taken by the intelligence community to protect agencies
and personnel of the United States Government from
surveillance conducted by foreign governments.
SEC. 717. BIENNIAL REPORT ON FOREIGN INVESTMENT RISKS.
(a) Intelligence Community Interagency Working Group.--
(1) Requirement to establish.--The Director of National
Intelligence shall establish an intelligence community
interagency working group to prepare the biennial reports
required by subsection (b).
(2) Chairperson.--The Director of National Intelligence
shall serve as the chairperson of such interagency working
group.
(3) Membership.--Such interagency working group shall be
composed of representatives of each element of the
intelligence community that the Director of National
Intelligence determines appropriate.
(b) Biennial Report on Foreign Investment Risks.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act and not less frequently
than once every 2 years thereafter, the Director of National
Intelligence shall submit to the congressional intelligence
committees, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on
Homeland Security of the House of Representatives a report on
foreign investment risks prepared by the interagency working
group established under subsection (a).
(2) Elements.--Each report required by paragraph (1) shall
include identification, analysis, and explanation of the
following:
(A) Any current or projected major threats to the national
security of the United States with respect to foreign
investment.
(B) Any strategy used by a foreign country that such
interagency working group has identified to be a country of
special concern to use foreign investment to target the
acquisition of critical technologies, critical materials, or
critical infrastructure.
(C) Any economic espionage efforts directed at the United
States by a foreign country, particularly such a country of
special concern.
SEC. 718. MODIFICATION OF CERTAIN REPORTING REQUIREMENT ON
TRAVEL OF FOREIGN DIPLOMATS.
Section 502(d)(2) of the Intelligence Authorization Act for
Fiscal Year 2017 (Public Law 115-31) is amended by striking
``the number'' and inserting ``a best estimate''.
SEC. 719. SEMIANNUAL REPORTS ON INVESTIGATIONS OF
UNAUTHORIZED DISCLOSURES OF CLASSIFIED
INFORMATION.
(a) In General.--Title XI of the National Security Act of
1947 (50 U.S.C. 3231 et seq.) is amended by adding at the end
the following new section:
``SEC. 1105. SEMIANNUAL REPORTS ON INVESTIGATIONS OF
UNAUTHORIZED DISCLOSURES OF CLASSIFIED
INFORMATION.
``(a) Definitions.--In this section:
``(1) Covered official.--The term `covered official'
means--
``(A) the heads of each element of the intelligence
community; and
``(B) the inspectors general with oversight responsibility
for an element of the intelligence community.
``(2) Investigation.--The term `investigation' means any
inquiry, whether formal or informal, into the existence of an
unauthorized public disclosure of classified information.
``(3) Unauthorized disclosure of classified information.--
The term `unauthorized disclosure of classified information'
means any unauthorized disclosure of classified information
to any recipient.
``(4) Unauthorized public disclosure of classified
information.--The term `unauthorized public disclosure of
classified information' means the unauthorized disclosure of
classified information to a journalist or media organization.
``(b) Intelligence Community Reporting.--
``(1) In general.--Not less frequently than once every 6
months, each covered official shall submit to the
congressional intelligence committees a report on
investigations of unauthorized public disclosures of
classified information.
``(2) Elements.--Each report submitted under paragraph (1)
shall include, with respect to the preceding 6-month period,
the following:
``(A) The number of investigations opened by the covered
official regarding an unauthorized public disclosure of
classified information.
``(B) The number of investigations completed by the covered
official regarding an unauthorized public disclosure of
classified information.
``(C) Of the number of such completed investigations
identified under subparagraph (B), the number referred to the
Attorney General for criminal investigation.
[[Page S3568]]
``(c) Department of Justice Reporting.--
``(1) In general.--Not less frequently than once every 6
months, the Assistant Attorney General for National Security
of the Department of Justice, in consultation with the
Director of the Federal Bureau of Investigation, shall submit
to the congressional intelligence committees, the Committee
on the Judiciary of the Senate, and the Committee on the
Judiciary of the House of Representatives a report on the
status of each referral made to the Department of Justice
from any element of the intelligence community regarding an
unauthorized disclosure of classified information made during
the most recent 365-day period or any referral that has not
yet been closed, regardless of the date the referral was
made.
``(2) Contents.--Each report submitted under paragraph (1)
shall include, for each referral covered by the report, at a
minimum, the following:
``(A) The date the referral was received.
``(B) A statement indicating whether the alleged
unauthorized disclosure described in the referral was
substantiated by the Department of Justice.
``(C) A statement indicating the highest level of
classification of the information that was revealed in the
unauthorized disclosure.
``(D) A statement indicating whether an open criminal
investigation related to the referral is active.
``(E) A statement indicating whether any criminal charges
have been filed related to the referral.
``(F) A statement indicating whether the Department of
Justice has been able to attribute the unauthorized
disclosure to a particular entity or individual.
``(d) Form of Reports.--Each report submitted under this
section shall be submitted in unclassified form, but may have
a classified annex.''.
(b) Clerical Amendment.--The table of contents in the first
section of the National Security Act of 1947 is amended by
inserting after the item relating to section 1104 the
following new item:
``Sec. 1105. Semiannual reports on investigations of unauthorized
disclosures of classified information.''.
SEC. 720. CONGRESSIONAL NOTIFICATION OF DESIGNATION OF
COVERED INTELLIGENCE OFFICER AS PERSONA NON
GRATA.
(a) Covered Intelligence Officer Defined.--In this section,
the term ``covered intelligence officer'' means--
(1) a United States intelligence officer serving in a post
in a foreign country; or
(2) a known or suspected foreign intelligence officer
serving in a United States post.
(b) Requirement for Reports.--Not later than 72 hours after
a covered intelligence officer is designated as a persona non
grata, the Director of National Intelligence, in consultation
with the Secretary of State, shall submit to the
congressional intelligence committees, the Committee on
Foreign Relations of the Senate, and the Committee on Foreign
Affairs of the House of Representatives a notification of
that designation. Each such notification shall include--
(1) the date of the designation;
(2) the basis for the designation; and
(3) a justification for the expulsion.
SEC. 721. REPORTS ON INTELLIGENCE COMMUNITY PARTICIPATION IN
VULNERABILITIES EQUITIES PROCESS OF FEDERAL
GOVERNMENT.
(a) Definitions.--In this section:
(1) Vulnerabilities equities policy and process document.--
The term ``Vulnerabilities Equities Policy and Process
document'' means the executive branch document entitled
``Vulnerabilities Equities Policy and Process'' dated
November 15, 2017.
(2) Vulnerabilities equities process.--The term
``Vulnerabilities Equities Process'' means the interagency
review of vulnerabilities, pursuant to the Vulnerabilities
Equities Policy and Process document or any successor
document.
(3) Vulnerability.--The term ``vulnerability'' means a
weakness in an information system or its components (for
example, system security procedures, hardware design, and
internal controls) that could be exploited or could affect
confidentiality, integrity, or availability of information.
(b) Reports on Process and Criteria Under Vulnerabilities
Equities Policy and Process.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a written report describing--
(A) with respect to each element of the intelligence
community--
(i) the title of the official or officials responsible for
determining whether, pursuant to criteria contained in the
Vulnerabilities Equities Policy and Process document or any
successor document, a vulnerability must be submitted for
review under the Vulnerabilities Equities Process; and
(ii) the process used by such element to make such
determination; and
(B) the roles or responsibilities of that element during a
review of a vulnerability submitted to the Vulnerabilities
Equities Process.
(2) Changes to process or criteria.--Not later than 30 days
after any significant change is made to the process and
criteria used by any element of the intelligence community
for determining whether to submit a vulnerability for review
under the Vulnerabilities Equities Process, such element
shall submit to the congressional intelligence committees a
report describing such change.
(3) Form of reports.--Each report submitted under this
subsection shall be submitted in unclassified form, but may
include a classified annex.
(c) Annual Reports.--
(1) In general.--Not less frequently than once each
calendar year, the Director of National Intelligence shall
submit to the congressional intelligence committees a
classified report containing, with respect to the previous
year--
(A) the number of vulnerabilities submitted for review
under the Vulnerabilities Equities Process;
(B) the number of vulnerabilities described in subparagraph
(A) disclosed to each vendor responsible for correcting the
vulnerability, or to the public, pursuant to the
Vulnerabilities Equities Process; and
(C) the aggregate number, by category, of the
vulnerabilities excluded from review under the
Vulnerabilities Equities Process, as described in paragraph
5.4 of the Vulnerabilities Equities Policy and Process
document.
(2) Unclassified information.--Each report submitted under
paragraph (1) shall include an unclassified appendix that
contains--
(A) the aggregate number of vulnerabilities disclosed to
vendors or the public pursuant to the Vulnerabilities
Equities Process; and
(B) the aggregate number of vulnerabilities disclosed to
vendors or the public pursuant to the Vulnerabilities
Equities Process known to have been patched.
(3) Non-duplication.--The Director of National Intelligence
may forgo submission of an annual report required under this
subsection for a calendar year, if the Director notifies the
intelligence committees in writing that, with respect to the
same calendar year, an annual report required by paragraph
4.3 of the Vulnerabilities Equities Policy and Process
document already has been submitted to Congress, and such
annual report contains the information that would otherwise
be required to be included in an annual report under this
subsection.
SEC. 722. INSPECTORS GENERAL REPORTS ON CLASSIFICATION.
(a) Reports Required.--Not later than October 1, 2019, each
Inspector General listed in subsection (b) shall submit to
the congressional intelligence committees a report that
includes, with respect to the department or agency of the
Inspector General, analyses of the following:
(1) The accuracy of the application of classification and
handling markers on a representative sample of finished
reports, including such reports that are compartmented.
(2) Compliance with declassification procedures.
(3) The effectiveness of processes for identifying topics
of public or historical importance that merit prioritization
for a declassification review.
(b) Inspectors General Listed.--The Inspectors General
listed in this subsection are as follows:
(1) The Inspector General of the Intelligence Community.
(2) The Inspector General of the Central Intelligence
Agency.
(3) The Inspector General of the National Security Agency.
(4) The Inspector General of the Defense Intelligence
Agency.
(5) The Inspector General of the National Reconnaissance
Office.
(6) The Inspector General of the National Geospatial-
Intelligence Agency.
SEC. 723. REPORTS ON GLOBAL WATER INSECURITY AND NATIONAL
SECURITY IMPLICATIONS AND BRIEFING ON EMERGING
INFECTIOUS DISEASE AND PANDEMICS.
(a) Reports on Global Water Insecurity and National
Security Implications.--
(1) Reports required.--Not later than 180 days after the
date of the enactment of this Act and not less frequently
than once every 5 years thereafter, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report on the implications of water insecurity
on the national security interest of the United States,
including consideration of social, economic, agricultural,
and environmental factors.
(2) Assessment scope and focus.--Each report submitted
under paragraph (1) shall include an assessment of water
insecurity described in such subsection with a global scope,
but focus on areas of the world--
(A) of strategic, economic, or humanitarian interest to the
United States--
(i) that are, as of the date of the report, at the greatest
risk of instability, conflict, human insecurity, or mass
displacement; or
(ii) where challenges relating to water insecurity are
likely to emerge and become significant during the 5-year or
the 20-year period beginning on the date of the report; and
(B) where challenges relating to water insecurity are
likely to imperil the national security interests of the
United States or allies of the United States.
(3) Consultation.--In researching a report required by
paragraph (1), the Director shall consult with--
[[Page S3569]]
(A) such stakeholders within the intelligence community,
the Department of Defense, and the Department of State as the
Director considers appropriate; and
(B) such additional Federal agencies and persons in the
private sector as the Director considers appropriate.
(4) Form.--Each report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
(b) Briefing on Emerging Infectious Disease and
Pandemics.--
(1) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Affairs, the Committee on
Armed Services, and the Committee on Appropriations of the
House of Representatives; and
(C) the Committee on Foreign Relations, the Committee on
Armed Services, and the Committee on Appropriations of the
Senate.
(2) Briefing.--Not later than 120 days after the date of
the enactment of this Act, the Director of National
Intelligence shall provide to the appropriate congressional
committees a briefing on the anticipated geopolitical effects
of emerging infectious disease (including deliberate,
accidental, and naturally occurring infectious disease
threats) and pandemics, and their implications on the
national security of the United States.
(3) Content.--The briefing under paragraph (2) shall
include an assessment of--
(A) the economic, social, political, and security risks,
costs, and impacts of emerging infectious diseases on the
United States and the international political and economic
system;
(B) the economic, social, political, and security risks,
costs, and impacts of a major transnational pandemic on the
United States and the international political and economic
system; and
(C) contributing trends and factors to the matters assessed
under subparagraphs (A) and (B).
(4) Examination of response capacity.--In examining the
risks, costs, and impacts of emerging infectious disease and
a possible transnational pandemic under paragraph (3), the
Director of National Intelligence shall also examine in the
briefing under paragraph (2) the response capacity within
affected countries and the international system. In
considering response capacity, the Director shall include--
(A) the ability of affected nations to effectively detect
and manage emerging infectious diseases and a possible
transnational pandemic;
(B) the role and capacity of international organizations
and nongovernmental organizations to respond to emerging
infectious disease and a possible pandemic, and their ability
to coordinate with affected and donor nations; and
(C) the effectiveness of current international frameworks,
agreements, and health systems to respond to emerging
infectious diseases and a possible transnational pandemic.
(5) Form.--The briefing under paragraph (2) may be
classified.
SEC. 724. ANNUAL REPORT ON MEMORANDA OF UNDERSTANDING BETWEEN
ELEMENTS OF INTELLIGENCE COMMUNITY AND OTHER
ENTITIES OF THE UNITED STATES GOVERNMENT
REGARDING SIGNIFICANT OPERATIONAL ACTIVITIES OR
POLICY.
Section 311 of the Intelligence Authorization Act for
Fiscal Year 2017 (50 U.S.C. 3313) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by striking subsection (a) and inserting the following:
``(a) In General.--Each year, concurrent with the annual
budget request submitted by the President to Congress under
section 1105 of title 31, United States Code, each head of an
element of the intelligence community shall submit to the
congressional intelligence committees a report that lists
each memorandum of understanding or other agreement regarding
significant operational activities or policy entered into
during the most recently completed fiscal year between or
among such element and any other entity of the United States
Government.
``(b) Provision of Documents.--Each head of an element of
an intelligence community who receives a request from the
Select Committee on Intelligence of the Senate or the
Permanent Select Committee on Intelligence of the House of
Representatives for a copy of a memorandum of understanding
or other document listed in a report submitted by the head
under subsection (a) shall submit to such committee the
requested copy as soon as practicable after receiving such
request.''.
SEC. 725. STUDY ON THE FEASIBILITY OF ENCRYPTING UNCLASSIFIED
WIRELINE AND WIRELESS TELEPHONE CALLS.
(a) Study Required.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall complete a study on the feasibility of
encrypting unclassified wireline and wireless telephone calls
between personnel in the intelligence community.
(b) Report.--Not later than 90 days after the date on which
the Director completes the study required by subsection (a),
the Director shall submit to the congressional intelligence
committees a report on the Director's findings with respect
to such study.
SEC. 726. MODIFICATION OF REQUIREMENT FOR ANNUAL REPORT ON
HIRING AND RETENTION OF MINORITY EMPLOYEES.
(a) Expansion of Period of Report.--Subsection (a) of
section 114 of the National Security Act of 1947 (50 U.S.C.
3050) is amended by inserting ``and the preceding 5 fiscal
years'' after ``fiscal year''.
(b) Clarification on Disaggregation of Data.--Subsection
(b) of such section is amended, in the matter before
paragraph (1), by striking ``disaggregated data by category
of covered person from each element of the intelligence
community'' and inserting ``data, disaggregated by category
of covered person and by element of the intelligence
community,''.
SEC. 727. REPORTS ON INTELLIGENCE COMMUNITY LOAN REPAYMENT
AND RELATED PROGRAMS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) there should be established, through the issuing of an
Intelligence Community Directive or otherwise, an
intelligence community-wide program for student loan
repayment, student loan forgiveness, financial counseling,
and related matters, for employees of the intelligence
community;
(2) creating such a program would enhance the ability of
the elements of the intelligence community to recruit, hire,
and retain highly qualified personnel, including with respect
to mission-critical and hard-to-fill positions;
(3) such a program, including with respect to eligibility
requirements, should be designed so as to maximize the
ability of the elements of the intelligence community to
recruit, hire, and retain highly qualified personnel,
including with respect to mission-critical and hard-to-fill
positions; and
(4) to the extent possible, such a program should be
uniform throughout the intelligence community and publicly
promoted by each element of the intelligence community to
both current employees of the element as well as to
prospective employees of the element.
(b) Report on Potential Intelligence Community-wide
Program.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in cooperation with the heads of the elements
of the intelligence community and the heads of any other
appropriate department or agency of the Federal Government,
shall submit to the congressional intelligence committees a
report on potentially establishing and carrying out an
intelligence community-wide program for student loan
repayment, student loan forgiveness, financial counseling,
and related matters, as described in subsection (a).
(2) Matters included.--The report under paragraph (1) shall
include, at a minimum, the following:
(A) A description of the financial resources that the
elements of the intelligence community would require to
establish and initially carry out the program specified in
paragraph (1).
(B) A description of the practical steps to establish and
carry out such a program.
(C) The identification of any legislative action the
Director determines necessary to establish and carry out such
a program.
(c) Annual Reports on Established Programs.--
(1) Covered programs defined.--In this subsection, the term
``covered programs'' means any loan repayment program, loan
forgiveness program, financial counseling program, or similar
program, established pursuant to title X of the National
Security Act of 1947 (50 U.S.C. 3191 et seq.) or any other
provision of law that may be administered or used by an
element of the intelligence community.
(2) Annual reports required.--Not less frequently than once
each year, the Director of National Intelligence shall submit
to the congressional intelligence committees a report on the
covered programs. Each such report shall include, with
respect to the period covered by the report, the following:
(A) The number of personnel from each element of the
intelligence community who used each covered program.
(B) The total amount of funds each element expended for
each such program.
(C) A description of the efforts made by each element to
promote each covered program pursuant to both the personnel
of the element of the intelligence community and to
prospective personnel.
SEC. 728. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) Correcting Long-standing Material Weaknesses.--Section
368 of the Intelligence Authorization Act for Fiscal Year
2010 (Public Law 110-259; 50 U.S.C. 3051 note) is hereby
repealed.
(b) Interagency Threat Assessment and Coordination Group.--
Section 210D of the Homeland Security Act of 2002 (6 U.S.C.
124k) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) through (i) as
subsections (c) through (h), respectively; and
(3) in subsection (c), as so redesignated--
(A) in paragraph (8), by striking ``; and'' and inserting a
period; and
(B) by striking paragraph (9).
(c) Inspector General Report.--Section 8H of the Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(1) by striking subsection (g); and
[[Page S3570]]
(2) by redesignating subsections (h) and (i) as subsections
(g) and (h), respectively.
SEC. 729. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY
REPORT ON SENIOR EXECUTIVES OF THE OFFICE OF
THE DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Senior Executive Service Position Defined.--In this
section, the term ``Senior Executive Service position'' has
the meaning given that term in section 3132(a)(2) of title 5,
United States Code, and includes any position above the GS-
15, step 10, level of the General Schedule under section 5332
of such title.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Inspector General of the
Intelligence Community shall submit to the congressional
intelligence committees a report on the number of Senior
Executive Service positions in the Office of the Director of
National Intelligence.
(c) Matters Included.--The report under subsection (b)
shall include the following:
(1) The number of required Senior Executive Service
positions for the Office of the Director of National
Intelligence.
(2) Whether such requirements are reasonably based on the
mission of the Office.
(3) A discussion of how the number of the Senior Executive
Service positions in the Office compare to the number of
senior positions at comparable organizations.
(d) Cooperation.--The Director of National Intelligence
shall provide to the Inspector General of the Intelligence
Community any information requested by the Inspector General
of the Intelligence Community that is necessary to carry out
this section by not later than 14 calendar days after the
date on which the Inspector General of the Intelligence
Community makes such request.
SEC. 730. BRIEFING ON FEDERAL BUREAU OF INVESTIGATION
OFFERING PERMANENT RESIDENCE TO SOURCES AND
COOPERATORS.
Not later than 30 days after the date of the enactment of
this Act, the Director of the Federal Bureau of Investigation
shall provide to the congressional intelligence committees a
briefing on the ability of the Federal Bureau of
Investigation to offer, as an inducement to assisting the
Bureau, permanent residence within the United States to
foreign individuals who are sources or cooperators in
counterintelligence or other national security-related
investigations. The briefing shall address the following:
(1) The extent to which the Bureau may make such offers,
whether independently or in conjunction with other agencies
and departments of the United States Government, including a
discussion of the authorities provided by section
101(a)(15)(S) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(S)), section 7 of the Central Intelligence
Agency Act (50 U.S.C. 3508), and any other provision of law
under which the Bureau may make such offers.
(2) An overview of the policies and operational practices
of the Bureau with respect to making such offers.
(3) The sufficiency of such policies and practices with
respect to inducing individuals to cooperate with, serve as
sources for such investigations, or both.
(4) Whether the Director recommends any legislative actions
to improve such policies and practices, particularly with
respect to the counterintelligence efforts of the Bureau.
SEC. 731. INTELLIGENCE ASSESSMENT OF NORTH KOREA REVENUE
SOURCES.
(a) Assessment Required.--Not later than 180 days after the
date of the enactment of this Act, the Director of National
Intelligence, in coordination with the Assistant Secretary of
State for Intelligence and Research and the Assistant
Secretary of the Treasury for Intelligence and Analysis,
shall produce an intelligence assessment of the revenue
sources of the North Korean regime. Such assessment shall
include revenue from the following sources:
(1) Trade in coal, iron, and iron ore.
(2) The provision of fishing rights to North Korean
territorial waters.
(3) Trade in gold, titanium ore, vanadium ore, copper,
silver, nickel, zinc, or rare earth minerals, and other
stores of value.
(4) Trade in textiles.
(5) Sales of conventional defense articles and services.
(6) Sales of controlled goods, ballistic missiles, and
other associated items.
(7) Other types of manufacturing for export, as the
Director of National Intelligence considers appropriate.
(8) The exportation of workers from North Korea in a manner
intended to generate significant revenue, directly or
indirectly, for use by the government of North Korea.
(9) The provision of nonhumanitarian goods (such as food,
medicine, and medical devices) and services by other
countries.
(10) The provision of services, including banking and other
support, including by entities located in the Russian
Federation, China, and Iran.
(11) Online commercial activities of the Government of
North Korea, including online gambling.
(12) Criminal activities, including cyber-enabled crime and
counterfeit goods.
(b) Elements.--The assessment required under subsection (a)
shall include an identification of each of the following:
(1) The sources of North Korea's funding.
(2) Financial and non-financial networks, including supply
chain management, transportation, and facilitation, through
which North Korea accesses the United States and
international financial systems and repatriates and exports
capital, goods, and services; and
(3) the global financial institutions, money services
business, and payment systems that assist North Korea with
financial transactions.
(c) Submittal to Congress.--Upon completion of the
assessment required under subsection (a), the Director of
National Intelligence shall submit to the congressional
intelligence committees a copy of such assessment.
SEC. 732. REPORT ON POSSIBLE EXPLOITATION OF VIRTUAL
CURRENCIES BY TERRORIST ACTORS.
(a) Short Title.--This section may be cited as the ``Stop
Terrorist Use of Virtual Currencies Act''.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Director of National Intelligence,
in consultation with the Secretary of the Treasury, shall
submit to Congress a report on the possible exploitation of
virtual currencies by terrorist actors. Such report shall
include the following elements:
(1) An assessment of the means and methods by which
international terrorist organizations and State sponsors of
terrorism use virtual currencies.
(2) An assessment of the use by terrorist organizations and
State sponsors of terrorism of virtual currencies compared to
the use by such organizations and States of other forms of
financing to support operations, including an assessment of
the collection posture of the intelligence community on the
use of virtual currencies by such organizations and States.
(3) A description of any existing legal impediments that
inhibit or prevent the intelligence community from collecting
information on or helping prevent the use of virtual
currencies by international terrorist organizations and State
sponsors of terrorism and an identification of any gaps in
existing law that could be exploited for illicit funding by
such organizations and States.
(c) Form of Report.--The report required by subsection (b)
shall be submitted in unclassified form, but may include a
classified annex.
Subtitle C--Other Matters
SEC. 741. PUBLIC INTEREST DECLASSIFICATION BOARD.
Section 710(b) of the Public Interest Declassification Act
of 2000 (Public Law 106-567; 50 U.S.C. 3161 note) is amended
by striking ``December 31, 2018'' and inserting ``December
31, 2028''.
SEC. 742. SECURING ENERGY INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and Governmental
Affairs and the Committee on Energy and Natural Resources of
the Senate; and
(C) the Committee on Homeland Security and the Committee on
Energy and Commerce of the House of Representatives.
(2) Covered entity.--The term ``covered entity'' means an
entity identified pursuant to section 9(a) of Executive Order
13636 of February 12, 2013 (78 Fed. Reg. 11742), relating to
identification of critical infrastructure where a
cybersecurity incident could reasonably result in
catastrophic regional or national effects on public health or
safety, economic security, or national security.
(3) Exploit.--The term ``exploit'' means a software tool
designed to take advantage of a security vulnerability.
(4) Industrial control system.--The term ``industrial
control system'' means an operational technology used to
measure, control, or manage industrial functions, and
includes supervisory control and data acquisition systems,
distributed control systems, and programmable logic or
embedded controllers.
(5) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(6) Program.--The term ``Program'' means the pilot program
established under subsection (b).
(7) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of Energy.
(8) Security vulnerability.--The term ``security
vulnerability'' means any attribute of hardware, software,
process, or procedure that could enable or facilitate the
defeat of a security control.
(b) Pilot Program for Securing Energy Infrastructure.--Not
later than 180 days after the date of the enactment of this
Act, the Secretary shall establish a 2-year control systems
implementation pilot program within the National Laboratories
for the purposes of--
(1) partnering with covered entities in the energy sector
(including critical component manufacturers in the supply
chain) that voluntarily participate in the Program to
identify new classes of security vulnerabilities of the
covered entities; and
(2) evaluating technology and standards, in partnership
with covered entities, to isolate and defend industrial
control systems of covered entities from security
vulnerabilities and exploits in the most critical systems of
the covered entities, including--
(A) analog and nondigital control systems;
[[Page S3571]]
(B) purpose-built control systems; and
(C) physical controls.
(c) Working Group to Evaluate Program Standards and Develop
Strategy.--
(1) Establishment.--The Secretary shall establish a working
group--
(A) to evaluate the technology and standards used in the
Program under subsection (b)(2); and
(B) to develop a national cyber-informed engineering
strategy to isolate and defend covered entities from security
vulnerabilities and exploits in the most critical systems of
the covered entities.
(2) Membership.--The working group established under
paragraph (1) shall be composed of not fewer than 10 members,
to be appointed by the Secretary, at least 1 member of which
shall represent each of the following:
(A) The Department of Energy.
(B) The energy industry, including electric utilities and
manufacturers recommended by the Energy Sector coordinating
councils.
(C)(i) The Department of Homeland Security; or
(ii) the Industrial Control Systems Cyber Emergency
Response Team.
(D) The North American Electric Reliability Corporation.
(E) The Nuclear Regulatory Commission.
(F)(i) The Office of the Director of National Intelligence;
or
(ii) the intelligence community (as defined in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003)).
(G)(i) The Department of Defense; or
(ii) the Assistant Secretary of Defense for Homeland
Security and America's Security Affairs.
(H) A State or regional energy agency.
(I) A national research body or academic institution.
(J) The National Laboratories.
(d) Reports on the Program.--
(1) Interim report.--Not later than 180 days after the date
on which funds are first disbursed under the Program, the
Secretary shall submit to the appropriate congressional
committees an interim report that--
(A) describes the results of the Program;
(B) includes an analysis of the feasibility of each method
studied under the Program; and
(C) describes the results of the evaluations conducted by
the working group established under subsection (c)(1).
(2) Final report.--Not later than 2 years after the date on
which funds are first disbursed under the Program, the
Secretary shall submit to the appropriate congressional
committees a final report that--
(A) describes the results of the Program;
(B) includes an analysis of the feasibility of each method
studied under the Program; and
(C) describes the results of the evaluations conducted by
the working group established under subsection (c)(1).
(e) Exemption From Disclosure.--Information shared by or
with the Federal Government or a State, Tribal, or local
government under this section--
(1) shall be deemed to be voluntarily shared information;
(2) shall be exempt from disclosure under section 552 of
title 5, United States Code, or any provision of any State,
Tribal, or local freedom of information law, open government
law, open meetings law, open records law, sunshine law, or
similar law requiring the disclosure of information or
records; and
(3) shall be withheld from the public, without discretion,
under section 552(b)(3) of title 5, United States Code, and
any provision of any State, Tribal, or local law requiring
the disclosure of information or records.
(f) Protection From Liability.--
(1) In general.--A cause of action against a covered entity
for engaging in the voluntary activities authorized under
subsection (b)--
(A) shall not lie or be maintained in any court; and
(B) shall be promptly dismissed by the applicable court.
(2) Voluntary activities.--Nothing in this section subjects
any covered entity to liability for not engaging in the
voluntary activities authorized under subsection (b).
(g) No New Regulatory Authority for Federal Agencies.--
Nothing in this section authorizes the Secretary or the head
of any other department or agency of the Federal Government
to issue new regulations.
(h) Authorization of Appropriations.--
(1) Pilot program.--There is authorized to be appropriated
$10,000,000 to carry out subsection (b).
(2) Working group and report.--There is authorized to be
appropriated $1,500,000 to carry out subsections (c) and (d).
(3) Availability.--Amounts made available under paragraphs
(1) and (2) shall remain available until expended.
SEC. 743. BUG BOUNTY PROGRAMS.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(C) the Committee on Armed Services and the Committee on
Homeland Security of the House of Representatives.
(2) Bug bounty program.--The term ``bug bounty program''
means a program under which an approved computer security
specialist or security researcher is temporarily authorized
to identify and report vulnerabilities within the information
system of an agency or department of the United States in
exchange for compensation.
(3) Information system.--The term ``information system''
has the meaning given that term in section 3502 of title 44,
United States Code.
(b) Bug Bounty Program Plan.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland
Security, in consultation with the Secretary of Defense,
shall submit to appropriate committees of Congress a
strategic plan for appropriate agencies and departments of
the United States to implement bug bounty programs.
(2) Contents.--The plan required by paragraph (1) shall
include--
(A) an assessment of--
(i) the ``Hack the Pentagon'' pilot program carried out by
the Department of Defense in 2016 and subsequent bug bounty
programs in identifying and reporting vulnerabilities within
the information systems of the Department of Defense; and
(ii) private sector bug bounty programs, including such
programs implemented by leading technology companies in the
United States; and
(B) recommendations on the feasibility of initiating bug
bounty programs at appropriate agencies and departments of
the United States.
SEC. 744. MODIFICATION OF AUTHORITIES RELATING TO THE
NATIONAL INTELLIGENCE UNIVERSITY.
(a) Civilian Faculty Members; Employment and
Compensation.--
(1) In general.--Section 1595(c) of title 10, United States
Code, is amended by adding at the end the following:
``(5) The National Intelligence University.''.
(2) Compensation plan.--The Secretary of Defense shall
provide each person employed as a full-time professor,
instructor, or lecturer at the National Intelligence
University on the date of the enactment of this Act an
opportunity to elect to be paid under the compensation plan
in effect on the day before the date of the enactment of this
Act (with no reduction in pay) or under the authority of
section 1595 of title 10, United States Code, as amended by
paragraph (1).
(b) Acceptance of Faculty Research Grants.--Section 2161 of
such title is amended by adding at the end the following:
``(d) Acceptance of Faculty Research Grants.--The Secretary
of Defense may authorize the President of the National
Intelligence University to accept qualifying research grants
in the same manner and to the same degree as the President of
the National Defense University under section 2165(e) of this
title.''.
(c) Pilot Program on Admission of Private Sector Civilians
to Receive Instruction.--
(1) Pilot program required.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
commence carrying out a pilot program to assess the
feasability and advisability of permitting eligible private
sector employees who work in organizations relevant to
national security to receive instruction at the National
Intelligence University.
(B) Duration.--The Secretary shall carry out the pilot
program during the 3-year period beginning on the date of the
commencement of the pilot program.
(C) Existing program.--The Secretary shall carry out the
pilot program in a manner that is consistent with section
2167 of title 10, United States Code.
(D) Number of participants.--No more than the equivalent of
35 full-time student positions may be filled at any one time
by private sector employees enrolled under the pilot program.
(E) Diplomas and degrees.--Upon successful completion of
the course of instruction in which enrolled, any such private
sector employee may be awarded an appropriate diploma or
degree under section 2161 of title 10, United States Code.
(2) Eligible private sector employees.--
(A) In general.--For purposes of this subsection, an
eligible private sector employee is an individual employed by
a private firm that is engaged in providing to the Department
of Defense, the intelligence community, or other Government
departments or agencies significant and substantial
intelligence or defense-related systems, products, or
services or whose work product is relevant to national
security policy or strategy.
(B) Limitation.--Under this subsection, a private sector
employee admitted for instruction at the National
Intelligence University remains eligible for such instruction
only so long as that person remains employed by the same
firm, holds appropriate security clearances, and complies
with any other applicable security protocols.
(3) Annual certification by secretary of defense.--Under
the pilot program, private sector employees may receive
instruction at the National Intelligence University during
any academic year only if, before the start of that academic
year, the Secretary of Defense determines, and certifies to
the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives,
that providing instruction to private sector employees under
this section during that year will further the national
security interests of the United States.
[[Page S3572]]
(4) Pilot program requirements.--The Secretary of Defense
shall ensure that--
(A) the curriculum in which private sector employees may be
enrolled under the pilot program is not readily available
through other schools and concentrates on national security-
relevant issues; and
(B) the course offerings at the National Intelligence
University are determined by the needs of the Department of
Defense and the intelligence community.
(5) Tuition.--The President of the National Intelligence
University shall charge students enrolled under the pilot
program a rate that--
(A) is at least the rate charged for employees of the
United States outside the Department of Defense, less
infrastructure costs; and
(B) considers the value to the school and course of the
private sector student.
(6) Standards of conduct.--While receiving instruction at
the National Intelligence University, students enrolled under
the pilot program, to the extent practicable, are subject to
the same regulations governing academic performance,
attendance, norms of behavior, and enrollment as apply to
Government civilian employees receiving instruction at the
university.
(7) Use of funds.--
(A) In general.--Amounts received by the National
Intelligence University for instruction of students enrolled
under the pilot program shall be retained by the university
to defray the costs of such instruction.
(B) Records.--The source, and the disposition, of such
funds shall be specifically identified in records of the
university.
(8) Reports.--
(A) Annual reports.--Each academic year in which the pilot
program is carried out, the Secretary shall submit to the
congressional intelligence committees, the Committee on Armed
Services of the Senate, and the Committee on Armed Services
of the House of Representatives a report on the number of
eligible private sector employees participating in the pilot
program.
(B) Final report.--Not later than 90 days after the date of
the conclusion of the pilot program, the Secretary shall
submit to the congressional intelligence committees, the
Committee on Armed Services of the Senate, and the Committee
on Armed Services of the House of Representatives a report on
the findings of the Secretary with respect to the pilot
program. Such report shall include--
(i) the findings of the Secretary with respect to the
feasability and advisability of permitting eligible private
sector employees who work in organizations relevant to
national security to receive instruction at the National
Intelligence University; and
(ii) a recommendation as to whether the pilot program
should be extended.
SEC. 745. TECHNICAL AND CLERICAL AMENDMENTS TO THE NATIONAL
SECURITY ACT OF 1947.
(a) Table of Contents.--The table of contents at the
beginning of the National Security Act of 1947 (50 U.S.C.
3001 et seq.) is amended--
(1) by inserting after the item relating to section 2 the
following new item:
``Sec. 3. Definitions.'';
(2) by striking the item relating to section 107;
(3) by striking the item relating to section 113B and
inserting the following new item:
``Sec. 113B. Special pay authority for science, technology,
engineering, or mathematics positions.'';
(4) by striking the items relating to sections 202, 203,
204, 208, 209, 210, 211, 212, 213, and 214; and
(5) by inserting after the item relating to section 311 the
following new item:
``Sec. 312. Repealing and saving provisions.''.
(b) Other Technical Corrections.--Such Act is further
amended--
(1) in section 102A--
(A) in subparagraph (G) of paragraph (1) of subsection (g),
by moving the margins of such subparagraph 2 ems to the left;
and
(B) in paragraph (3) of subsection (v), by moving the
margins of such paragraph 2 ems to the left;
(2) in section 106--
(A) by inserting ``sec. 106'' before ``(a)''; and
(B) in subparagraph (I) of paragraph (2) of subsection (b),
by moving the margins of such subparagraph 2 ems to the left;
(3) by striking section 107;
(4) in section 108(c), by striking ``in both a classified
and an unclassified form'' and inserting ``to Congress in
classified form, but may include an unclassified summary'';
(5) in section 112(c)(1), by striking ``section 103(c)(7)''
and inserting ``section 102A(i)'';
(6) by amending section 201 to read as follows:
``SEC. 201. DEPARTMENT OF DEFENSE.
``Except to the extent inconsistent with the provisions of
this Act or other provisions of law, the provisions of title
5, United States Code, shall be applicable to the Department
of Defense.'';
(7) in section 205, by redesignating subsections (b) and
(c) as subsections (a) and (b), respectively;
(8) in section 206, by striking ``(a)'';
(9) in section 207, by striking ``(c)'';
(10) in section 308(a), by striking ``this Act'' and
inserting ``sections 2, 101, 102, 103, and 303 of this Act'';
(11) by redesignating section 411 as section 312;
(12) in section 503--
(A) in paragraph (5) of subsection (c)--
(i) by moving the margins of such paragraph 2 ems to the
left; and
(ii) by moving the margins of subparagraph (B) of such
paragraph 2 ems to the left; and
(B) in paragraph (2) of subsection (d), by moving the
margins of such paragraph 2 ems to the left; and
(13) in subparagraph (B) of paragraph (3) of subsection (a)
of section 504, by moving the margins of such subparagraph 2
ems to the right.
SEC. 746. TECHNICAL AMENDMENTS RELATED TO THE DEPARTMENT OF
ENERGY.
(a) National Nuclear Security Administration Act.--Section
3233(b) of the National Nuclear Security Administration Act
(50 U.S.C. 2423(b)) is amended--
(1) by striking ``Administration'' and inserting
``Department''; and
(2) 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--
[[Page S3573]]
(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.
______