[House Report 115-251]
[From the U.S. Government Publishing Office]


115th Congress   }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                     {      115-251

======================================================================



 
          INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2018

                                _______
                                

 July 24, 2017.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

    Mr. Nunes, from the Permanent Select Committee on Intelligence, 
                        submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 3180]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Permanent Select Committee on 
Intelligence, to whom was referred the bill (H.R. 3180) to 
authorize appropriations for fiscal year 2018 for intelligence 
and intelligence-related activities of the United States 
Government, the Community Management Account, and the Central 
Intelligence Agency Retirement and Disability System, and for 
other purposes, having considered the same, report favorably 
thereon with an amendment and recommend that the bill as 
amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Intelligence 
Authorization Act for Fiscal Year 2018''.
  (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

                    TITLE I--INTELLIGENCE ACTIVITIES

Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

Sec. 201. Authorization of appropriations.
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. Congressional oversight of intelligence community 
contractors.
Sec. 304. Enhanced personnel security programs.

  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 correction to the executive schedule.

                       Subtitle B--Other Elements

Sec. 411. Requirements relating to appointment of General Counsel of 
National Security Agency.
Sec. 412. Transfer or elimination of certain components and functions 
of the Defense Intelligence Agency.
Sec. 413. Technical amendments related to the Department of Energy.

             TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES

Sec. 501. Assessment of significant Russian influence campaigns 
directed at foreign elections and referenda.
Sec. 502. Foreign counterintelligence and cybersecurity threats to 
Federal election campaigns.
Sec. 503. Assessment of threat finance relating to the Russian 
Federation.

                  TITLE VI--REPORTS AND OTHER MATTERS

Sec. 601. Period of overseas assignments for certain foreign service 
officers.
Sec. 602. Semiannual reports on investigations of unauthorized public 
disclosures of classified information.
Sec. 603. Intelligence community reports on security clearances.
Sec. 604. Report on expansion of Security Protective Services 
jurisdiction.
Sec. 605. Report on role of Director of National Intelligence with 
respect to certain foreign investments.
Sec. 606. Report on Cyber Exchange Program.
Sec. 607. Review of intelligence community participation in 
vulnerabilities equities process.
Sec. 608. Review of Intelligence Community whistleblower matters.
Sec. 609. Sense of Congress on notifications of certain disclosures of 
classified information.

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Congressional intelligence committees.--The term 
        ``congressional intelligence committees'' means--
                  (A) the Select Committee on Intelligence of the 
                Senate; and
                  (B) the Permanent Select Committee on Intelligence of 
                the House of Representatives.
          (2) Intelligence community.--The term ``intelligence 
        community'' has the meaning given that term in section 3(4) of 
        the National Security Act of 1947 (50 U.S.C. 3003(4)).

                    TITLE I--INTELLIGENCE ACTIVITIES

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

  Funds are hereby authorized to be appropriated for fiscal year 2018 
for the conduct of the intelligence and intelligence-related activities 
of the following elements of the United States Government:
          (1) The Office of the Director of National Intelligence.
          (2) The Central Intelligence Agency.
          (3) The Department of Defense.
          (4) The Defense Intelligence Agency.
          (5) The National Security Agency.
          (6) The Department of the Army, the Department of the Navy, 
        and the Department of the Air Force.
          (7) The Coast Guard.
          (8) The Department of State.
          (9) The Department of the Treasury.
          (10) The Department of Energy.
          (11) The Department of Justice.
          (12) The Federal Bureau of Investigation.
          (13) The Drug Enforcement Administration.
          (14) The National Reconnaissance Office.
          (15) The National Geospatial-Intelligence Agency.
          (16) The Department of Homeland Security.

SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.

  (a) Specifications of Amounts.--The amounts authorized to be 
appropriated under section 101 and, subject to section 103, the 
authorized personnel ceilings as of September 30, 2018, for the conduct 
of the intelligence activities of the elements listed in paragraphs (1) 
through (16) of section 101, are those specified in the classified 
Schedule of Authorizations prepared to accompany this Act.
  (b) Availability of Classified Schedule of Authorizations.--
          (1) Availability.--The classified Schedule of Authorizations 
        referred to in subsection (a) shall be made available to the 
        Committee on Appropriations of the Senate, the Committee on 
        Appropriations of the House of Representatives, and 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. PERSONNEL CEILING ADJUSTMENTS.

  (a) Authority for Increases.--The Director of National Intelligence 
may authorize employment of civilian personnel in excess of the number 
authorized for fiscal year 2018 by the classified Schedule of 
Authorizations referred to in section 102(a) if the Director of 
National Intelligence determines that such action is necessary to the 
performance of important intelligence functions, except that the number 
of personnel employed in excess of the number authorized under such 
section may not, for any element of the intelligence community, exceed 
3 percent of the number of civilian personnel authorized under such 
schedule for such element.
  (b) Treatment of Certain Personnel.--The Director of National 
Intelligence shall establish guidelines that govern, for each element 
of the intelligence community, the treatment under the personnel levels 
authorized under section 102(a), including any exemption from such 
personnel levels, of employment or assignment in--
          (1) a student program, trainee program, or similar program;
          (2) a reserve corps or as a reemployed annuitant; or
          (3) details, joint duty, or long-term, full-time training.
  (c) Notice to Congressional Intelligence Committees.--The Director of 
National Intelligence shall notify the congressional intelligence 
committees in writing at least 15 days prior to each exercise of an 
authority described in subsection (a).

SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.

  (a) Authorization of Appropriations.--There is authorized to be 
appropriated for the Intelligence Community Management Account of the 
Director of National Intelligence for fiscal year 2018 the sum of 
$526,900,000. Within such amount, funds identified in the classified 
Schedule of Authorizations referred to in section 102(a) for advanced 
research and development shall remain available until September 30, 
2019.
  (b) Authorized Personnel Levels.--The elements within the 
Intelligence Community Management Account of the Director of National 
Intelligence are authorized 804 positions as of September 30, 2018. 
Personnel serving in such elements may be permanent employees of the 
Office of the Director of National Intelligence or personnel detailed 
from other elements of the United States Government.
  (c) Classified Authorizations.--
          (1) Authorization of appropriations.--In addition to amounts 
        authorized to be appropriated for the Intelligence Community 
        Management Account by subsection (a), there are authorized to 
        be appropriated for the Intelligence Community Management 
        Account for fiscal year 2018 such additional amounts as are 
        specified in the classified Schedule of Authorizations referred 
        to in section 102(a). Such additional amounts made available 
        for advanced research and development shall remain available 
        until September 30, 2019.
          (2) Authorization of personnel.--In addition to the personnel 
        authorized by subsection (b) for elements of the Intelligence 
        Community Management Account as of September 30, 2018, there 
        are authorized such additional personnel for the Community 
        Management Account as of that date as are specified in the 
        classified Schedule of Authorizations referred to in section 
        102(a).

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

SEC. 201. AUTHORIZATION OF APPROPRIATIONS.

  There is authorized to be appropriated for the Central Intelligence 
Agency Retirement and Disability Fund for fiscal year 2018 the sum of 
$514,000,000.

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 which is reduced under this 
        subsection shall, effective the first day of the month 
        following the death of the designated individual, be recomputed 
        and paid as if the annuity had not been so reduced.''.
          (2) Conforming amendments.--
                  (A) Central intelligence agency retirement act.--The 
                Central Intelligence Agency Retirement Act (50 U.S.C. 
                2001 et seq.) is amended--
                          (i) in section 232(b)(1) (50 U.S.C. 
                        2052(b)(1)), by striking ``221(h),'' and 
                        inserting ``221(i),''; and
                          (ii) in section 252(h)(4) (50 U.S.C. 
                        2082(h)(4)), by striking ``221(k)'' and 
                        inserting ``221(l)''.
                  (B) Central intelligence agency act of 1949.--
                Subsection (a) of section 14 of the Central 
                Intelligence Agency Act of 1949 (50 U.S.C. 3514(a)) is 
                amended by striking ``221(h)(2), 221(i), 221(l),'' and 
                inserting ``221(i)(2), 221(j), 221(m),''.
  (b) Annuities for Former Spouses.--Subparagraph (B) of section 
222(b)(5) of the Central Intelligence Agency Retirement Act (50 U.S.C. 
2032(b)(5)(B)) is amended by striking ``one year'' and inserting ``two 
years''.
  (c) Prior Service Credit.--Subparagraph (A) of section 252(b)(3) of 
the Central Intelligence Agency Retirement Act (50 U.S.C. 
2082(b)(3)(A)) is amended by striking ``October 1, 1990'' both places 
that term appears and inserting ``March 31, 1991''.
  (d) Reemployment Compensation.--Section 273 of the Central 
Intelligence Agency Retirement Act (50 U.S.C. 2113) is amended--
          (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively; and
          (2) by inserting after subsection (a) the following:
  ``(b) Part-time Reemployed Annuitants.--The Director shall have the 
authority to reemploy an annuitant in 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 Act shall not be deemed 
to constitute authority for the conduct of any intelligence activity 
which is not otherwise authorized by the Constitution or the laws of 
the United States.

SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY 
                    LAW.

  Appropriations authorized by this Act for salary, pay, retirement, 
and other benefits for Federal employees may be increased by such 
additional or supplemental amounts as may be necessary for increases in 
such compensation or benefits authorized by law.

SEC. 303. CONGRESSIONAL OVERSIGHT OF INTELLIGENCE COMMUNITY 
                    CONTRACTORS.

  (a) Oversight by Congress.--
          (1) In general.--Title V of the National Security Act of 1947 
        (50 U.S.C. 3091 et seq.) is amended by inserting after section 
        506J the following new section:

``SEC. 506K. OVERSIGHT OF INTELLIGENCE COMMUNITY CONTRACTORS.

  ``Notwithstanding the terms of any contract awarded by the head of an 
element of the intelligence community, the head may not--
          ``(1) prohibit a contractor of such element from contacting 
        or meeting with either of the congressional intelligence 
        committees (including a member or an employee thereof) to 
        discuss matters relating to a contract;
          ``(2) take any adverse action against a contractor of such 
        element, including by suspending or debarring the contractor or 
        terminating a contract, based on the contractor contacting or 
        meeting with either of the congressional intelligence 
        committees (including a member or an employee thereof) to 
        discuss matters relating to a contract; or
          ``(3) require the approval of the head before a contractor of 
        such element contacts or meets with either of the congressional 
        intelligence committees (including a member or an employee 
        thereof) to discuss matters relating to a contract.''.
          (2) 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 506J the following 
        new item:

``Sec. 506K. Oversight of intelligence community contractors.''.

  (b) Application.--The amendment made by subsection (a)(1) shall apply 
with respect to a contract awarded by the head of an element of the 
intelligence community on or after the date of the enactment of this 
Act.

SEC. 304. ENHANCED PERSONNEL SECURITY PROGRAMS.

  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''.

  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) of the Intelligence Reform and 
Terrorism Prevention Act of 2004 (6 U.S.C. 485(f)) is amended by 
striking ``The individual designated as the program manager shall serve 
as program manager until removed from service or replaced by the 
President (at the President's sole discretion).'' and inserting 
``Beginning on the date of the enactment of the Intelligence 
Authorization Act for Fiscal Year 2018, each individual designated as 
the program manager shall be appointed by the Director of National 
Intelligence.''.

SEC. 403. TECHNICAL CORRECTION TO THE EXECUTIVE SCHEDULE.

  Section 5313 of title 5, United States Code, is amended by adding at 
the end the following:
  ``Director of the National Counterintelligence and Security.''.

                       Subtitle B--Other Elements

SEC. 411. REQUIREMENTS RELATING TO APPOINTMENT OF GENERAL COUNSEL OF 
                    NATIONAL SECURITY AGENCY.

  (a) In General.--Section 2 of the National Security Agency Act of 
1959 (Public Law 86-36; 50 U.S.C. 3602) is amended by adding at the end 
the following new subsection:
  ``(c)(1) There is a General Counsel of the National Security Agency.
  ``(2) The General Counsel of the National Security Agency shall be 
appointed by the President, by and with the advice and consent of the 
Senate.''.
  (b) Effective Date.--Subsection (c) of section 2 of the National 
Security Agency Act of 1959 (Public Law 86-36; 50 U.S.C. 3602) shall 
apply with respect to any person who is appointed to serve as General 
Counsel of the National Security Agency on or after January 21, 2021.

SEC. 412. TRANSFER OR ELIMINATION OF CERTAIN COMPONENTS AND FUNCTIONS 
                    OF THE DEFENSE INTELLIGENCE AGENCY.

  (a) Information Review Task Force.--
          (1) Transfer required.--Effective on the date that is 180 
        days after the date of the enactment of this Act, there is 
        transferred from the Director of the Defense Intelligence 
        Agency to the Chairman of the Joint Chiefs of Staff all 
        functions performed by the Information Review Task Force and 
        all assigned responsibilities performed by the Information 
        Review Task Force. Upon such transfer, such Task Force shall be 
        designated as a chairman's controlled activity.
          (2) Transition plan.--
                  (A) Congressional briefing.--Not later than 60 days 
                after the date of the enactment of this Act, the 
                Director of the Defense Intelligence Agency and the 
                Chairman of the Joint Chiefs of Staff shall jointly 
                brief the congressional intelligence committees and the 
                congressional defense committees on the plan to carry 
                out the transfer required under paragraph (1).
                  (B) Submittal of formal plan.--Not later than 90 days 
                after the date of the enactment of this Act, the 
                Director of the Defense Intelligence Agency and the 
                Chairman of the Joint Chiefs of Staff shall jointly 
                submit to the congressional intelligence committees and 
                the congressional defense committees a formal plan for 
                the transfer required under paragraph (1).
          (3) Limitation on use of funds.--The Director of the Defense 
        Intelligence Agency may not obligate or expend any funds 
        authorized to be appropriated for the Information Review Task 
        Force for fiscal year 2018 after the date that is 180 days 
        after the date of the enactment of this Act. Any such funds 
        that are unobligated or unexpended as of such date shall be 
        transferred to the Chairman of the Joint Chiefs of Staff.
  (b) Identity Intelligence Project Office.--
          (1) Elimination.--Effective on the date that is 180 days 
        after the date of the enactment of this Act, the Director of 
        the Defense Intelligence Agency shall eliminate the Identity 
        Intelligence Project Office, including all functions and 
        assigned responsibilities performed by the Identity 
        Intelligence Project Office. All personnel and assets 
        pertaining to such Office shall be transferred to other 
        elements of the Defense Intelligence Agency, as determined by 
        the Director.
          (2) Transition plan.--
                  (A) Congressional briefing.--Not later than 60 days 
                after the date of the enactment of this Act, the 
                Director of the Defense Intelligence Agency shall brief 
                the congressional intelligence committees and the 
                congressional defense committees on the plan to carry 
                out the elimination required under paragraph (1).
                  (B) Submittal of formal plan.--Not later than 90 days 
                after the date of the enactment of this Act, the 
                Director of the Defense Intelligence Agency shall 
                submit to the congressional intelligence committees and 
                the congressional defense committees a formal plan for 
                the elimination required under paragraph (1).
          (3) Limitation on use of funds.--The Director of the Defense 
        Intelligence Agency may not obligate or expend any funds 
        authorized to be appropriated for the Identity Intelligence 
        Project Office for fiscal year 2018 after the date that is 180 
        days after the date of the enactment of this Act. Any such 
        funds that are unobligated or unexpended as of such date shall 
        be transferred to other elements of the Defense Intelligence 
        Agency, as determined by the Director.
  (c) Watchlisting Branch.--
          (1) Transfer required.--Effective on the date that is 180 
        days after the date of the enactment of this Act, there is 
        transferred from the Director of the Defense Intelligence 
        Agency to the Director for Intelligence of the Joint Staff all 
        functions and all assigned responsibilities performed by the 
        Watchlisting Branch.
          (2) Transition plan.--
                  (A) Congressional briefing.--Not later than 60 days 
                after the date of the enactment of this Act, the 
                Director of the Defense Intelligence Agency and the 
                Director for Intelligence of the Joint Staff shall 
                jointly brief the congressional intelligence committees 
                and the congressional defense committees on the plan to 
                carry out the transfer required under paragraph (1).
                  (B) Submittal of formal plan.--Not later than 90 days 
                after the date of the enactment of this Act, the 
                Director of the Defense Intelligence Agency and the 
                Director for Intelligence of the Joint Staff shall 
                jointly submit to the congressional intelligence 
                committees and the congressional defense committees a 
                formal plan for the transfer required under paragraph 
                (1).
          (3) Limitation on use of funds.--The Director of the Defense 
        Intelligence Agency may not obligate or expend any funds 
        authorized to be appropriated for the Watchlisting Branch for 
        fiscal year 2018 after the date that is 180 days after the date 
        of the enactment of this Act. Any such funds that are 
        unobligated or unexpended as of such date shall be transferred 
        to the Director for Intelligence of the Joint Staff.
  (d) Counter-Threat Finance.--
          (1) Elimination.--Not later than 180 days after the date of 
        the enactment of this Act, the Director of the Defense 
        Intelligence Agency shall eliminate the Counter-Threat Finance 
        analysis function of the Defense Intelligence Agency. All 
        personnel and assets pertaining to such function shall be 
        transferred to other elements of the Defense Intelligence 
        Agency, as determined by the Director.
          (2) Transition plan.--
                  (A) Congressional briefing.--Not later than 60 days 
                after the date of the enactment of this Act, the 
                Director of the Defense Intelligence Agency shall brief 
                the congressional intelligence committees and the 
                congressional defense committees on the plan to 
                eliminate the Counter-Threat Finance analysis function 
                under paragraph (1).
                  (B) Submittal of formal plan.--Not later than 90 days 
                after the date of the enactment of this Act, the 
                Director of the Defense Intelligence Agency shall 
                submit to the congressional intelligence committees and 
                the congressional defense committees a formal plan to 
                eliminate such function under paragraph (1).
          (3) Limitation on use of funds.--The Director of the Defense 
        Intelligence Agency may not obligate or expend any funds 
        authorized to be appropriated for the Counter-Threat Finance 
        analysis function for fiscal year 2018 after the date that is 
        180 days after the date of the enactment of this Act. Any such 
        funds that are unobligated or unexpended as of such date shall 
        be transferred to other elements of the Defense Intelligence 
        Agency, as determined by the Director.
  (e) National Intelligence University.--
          (1) Transfer required.--Effective on October 1, 2020, there 
        is transferred from the Director of the Defense Intelligence 
        Agency to the Director of National Intelligence all functions 
        and all assigned responsibilities performed by the National 
        Intelligence University.
          (2) Transition plan.--
                  (A) Congressional briefing.--Not later than October 
                1, 2018, the Director of the Defense Intelligence 
                Agency and the Director of National Intelligence shall 
                jointly brief the congressional intelligence committees 
                and the congressional defense committees on the plan to 
                carry out the transfer required under paragraph (1).
                  (B) Submittal of formal plan.--Not later than April 
                1, 2019, the Director of the Defense Intelligence 
                Agency and the Director of National Intelligence shall 
                jointly submit to the congressional intelligence 
                committees and the congressional defense committees a 
                formal plan for the transfer required under paragraph 
                (1).
          (3) Limitation on use of funds.--The Director of the Defense 
        Intelligence Agency may not obligate or expend any funds 
        authorized to be appropriated for the National Intelligence 
        University after October 1, 2020. Any such funds that are 
        unobligated or unexpended as of such date shall be transferred 
        to the Director of National Intelligence.
  (f) Congressional Notice for Reprogramming.--Not later than 30 days 
before transferring any funds relating to transferring or eliminating 
any function under this section, the Director of the Defense 
Intelligence Agency shall submit to the congressional intelligence 
committees and the congressional defense committees notice in writing 
of such transfer.
  (g) Treatment of Certain Functions and Responsibilities.--
          (1) In general.--In the case of any function or executive 
        agent responsibility that is transferred to the Director of 
        National Intelligence pursuant to this section, the Director of 
        National Intelligence may not delegate such function or 
        responsibility to another element of the intelligence 
        community.
          (2) Executive agent responsibility.--In this subsection, the 
        term ``executive agent responsibility'' means the specific 
        responsibilities, functions, and authorities assigned by the 
        Director of National Intelligence to the head of an 
        intelligence community element to provide defined levels of 
        support for intelligence operations, or administrative or other 
        designated activities.
  (h) Deadline for Policy Updates.--Not later than October 1, 2020, the 
Director of National Intelligence, the Under Secretary of Defense for 
Intelligence, and the Chairman of the Joint Chiefs of Staff shall 
ensure that all relevant policies of the intelligence community and 
Department of Defense are updated to reflect the transfers required to 
be made pursuant to this section.
  (i) Treatment of Transferred Functions.--No transferred functions or 
assigned responsibility referred to in subsection (a), (c), or (e) 
shall be considered a new start by the receiving element, including in 
the case of any lapse of appropriation for such transferred function or 
assigned responsibility.
  (j) Reports on Other Elements of Defense Intelligence Agency.--
          (1) National center for credibility assessment.--
                  (A) Sense of congress.--It is the sense of Congress 
                that--
                          (i) the assignment of executive agency for 
                        the National Center for Credibility Assessment 
                        to the Director of the Defense Intelligence 
                        Agency may be limiting the ability of the 
                        Center to effectively serve the Federal 
                        customer base of the Center;
                          (ii) the failure of the Director of National 
                        Intelligence, in the role of the Director as 
                        security executive for the Federal Government, 
                        to define in policy the term ``Executive 
                        Agent'' may be further limiting the ability of 
                        the Center to receive sufficient resources to 
                        carry out the critical Federal mission of the 
                        Center; and
                          (iii) the evolution of the Center from an 
                        organization of the Army to an organization 
                        serving 27 departments and agencies and 
                        responsible for all Federal credibility 
                        assessment training, oversight, and research 
                        and development, has resulted in a convoluted 
                        oversight structure based on legacy reporting 
                        requirements.
                  (B) Report.--Not later than October 1, 2018, the 
                Director of the Defense Intelligence Agency, the 
                Director of National Intelligence, and the Secretary of 
                Defense shall jointly submit to the congressional 
                intelligence committees and the congressional defense 
                committees a report on--
                          (i) the current and projected missions and 
                        functions of the National Center for 
                        Credibility Assessment;
                          (ii) the effectiveness of the current 
                        organizational assignment of the Center to the 
                        Director of the Defense Intelligence Agency;
                          (iii) the effectiveness of the current 
                        oversight structure between the Center, the 
                        Defense Intelligence Agency, the Under 
                        Secretary of Defense for Intelligence, and the 
                        Director of National Intelligence; and
                          (iv) the resources and authorities necessary 
                        to most effectively execute the missions and 
                        functions of the Center.
          (2) Underground facilities analysis center.--
                  (A) Sense of congress.--It is the sense of Congress 
                that--
                          (i) the assignment of executive agency for 
                        the Underground Facilities Analysis Center to 
                        the Director of the Defense Intelligence Agency 
                        may be limiting the ability of the Center to 
                        effectively serve the broader intelligence 
                        community customer base of the Center;
                          (ii) the failure of the Director of National 
                        Intelligence to define in policy the term 
                        ``Executive Agent'' may be further limiting the 
                        ability of the Center to receive sufficient 
                        resources to carry out the critical mission of 
                        the Center; and
                          (iii) the requirements of the intelligence 
                        community and Department of Defense with 
                        respect to underground facilities are not 
                        adequately being met given the scale and 
                        complexity of the problem set and the 
                        relatively small amount of funding currently 
                        received by the Center.
                  (B) Report.--Not later than October 1, 2018, the 
                Director of the Defense Intelligence Agency, the 
                Director of National Intelligence, and the Chairman of 
                the Joint Chiefs of Staff shall jointly submit to the 
                congressional intelligence committees and the 
                congressional defense committees a report on--
                          (i) the missions and functions of the 
                        Underground Facilities Analysis Center;
                          (ii) the state of the requirements of the 
                        intelligence community and Department of 
                        Defense with respect to underground facilities 
                        and the ability of the Center to meet such 
                        requirements;
                          (iii) the effectiveness of the current 
                        organizational assignment of the Center to the 
                        Director of the Defense Intelligence Agency;
                          (iv) the effectiveness of the current 
                        oversight structure between the Center, the 
                        Defense Intelligence Agency, the Secretary of 
                        Defense, and the Director of National 
                        Intelligence; and
                          (v) the resources and authorities necessary 
                        to most effectively execute the missions and 
                        functions of the Center.
  (k) Congressional Defense Committees Defined.--In this section, the 
term ``congressional defense committees'' means--
          (1) the Committees on Armed Services of the Senate and House 
        of Representatives; and
          (2) the Committees on Appropriations of the Senate and House 
        of Representatives.

SEC. 413. TECHNICAL AMENDMENTS RELATED TO THE DEPARTMENT OF ENERGY.

  (a) 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''.
  (b) 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 redesignated by paragraph (3), by 
        realigning the margin of such subparagraph two ems to the left.

             TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES

SEC. 501. ASSESSMENT OF SIGNIFICANT RUSSIAN INFLUENCE CAMPAIGNS 
                    DIRECTED AT FOREIGN ELECTIONS AND REFERENDA.

  (a) Assessment Required.--Not later than 60 days after the date of 
the enactment of this Act, the Director of National Intelligence shall 
submit to the congressional intelligence committees a report containing 
an analytical assessment of the most significant Russian influence 
campaigns, if any, conducted during the 3-year period preceding the 
date of the enactment of this Act, as well as the most significant 
current or planned such Russian influence campaigns, if any. Such 
assessment shall include--
          (1) a summary of such significant Russian influence 
        campaigns, including, at a minimum, the specific means by which 
        such campaigns were conducted, are being conducted, or likely 
        will be conducted, as appropriate, and the specific goal of 
        each such campaign;
          (2) a summary of any defenses against or responses to such 
        Russian influence campaigns by the foreign state holding the 
        elections or referenda;
          (3) a summary of any relevant activities by elements of the 
        intelligence community undertaken for the purpose of assisting 
        the government of such foreign state in defending against or 
        responding to such Russian influence campaigns; and
          (4) an assessment of the effectiveness of such defenses and 
        responses described in paragraphs (2) and (3).
  (b) Form.--The report required by subsection (a) may be submitted in 
classified form, but if so submitted, shall contain an unclassified 
summary.
  (c) Russian Influence Campaign Defined.--In this section, the term 
``Russian influence campaign'' means any effort, covert or overt, and 
by any means, attributable to the Russian Federation directed at an 
election, referendum, or similar process in a country other than the 
Russian Federation or the United States.

SEC. 502. 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 one 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. 503. ASSESSMENT OF THREAT FINANCE RELATING TO THE RUSSIAN 
                    FEDERATION.

  (a) Report.--Not later than 60 days after the date of the enactment 
of this Act, the Director of National Intelligence, acting through the 
National Intelligence Manager for Threat Finance, shall submit to the 
congressional intelligence committees a report containing an assessment 
of the financing of threat activity by the Russian Federation.
  (b) Matters Included.--The report under subsection (a) shall include, 
at a minimum, the following:
          (1) A summary of leading examples from the 3-year period 
        prior to the date of the report of any threat finance 
        activities conducted by, for the benefit of, or at the behest 
        of officials of the Government of Russia, persons subject to 
        sanctions under any provision of law imposing sanctions with 
        respect to Russia, or Russian nationals subject to sanctions 
        under any other provision of law.
          (2) An assessment with respect to any trends or patterns in 
        threat finance activities relating to Russia, including common 
        methods of conducting such activities.
          (3) 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.
          (4) An identification of any resource and collection gaps.
  (c) Form.--The report submitted under subsection (a) may be submitted 
in classified form.
  (d) Threat Finance Defined.--In this section, the term ``threat 
finance'' means--
          (1) the financing of cyber operations, global influence 
        campaigns, intelligence service activities, proliferation, 
        terrorism, or transnational crime and drug organizations;
          (2) the methods and entities used to spend, store, move, 
        raise, or conceal money or value on behalf of threat actors;
          (3) sanctions evasion; or
          (4) other forms of threat financing domestically or 
        internationally, as defined by the President.

                  TITLE VI--REPORTS AND OTHER MATTERS

SEC. 601. PERIOD OF OVERSEAS ASSIGNMENTS FOR CERTAIN FOREIGN SERVICE 
                    OFFICERS.

  (a) Length of Period of Assignment.--Subsection (a) of section 502 of 
the Foreign Service Act of 1980 (22 U.S.C. 3982) is amended by adding 
at the end the following new paragraph:
  ``(3) In making assignments under paragraph (1), and in accordance 
with section 903, and, if applicable, section 503, the Secretary shall 
assure that a member of the Service may serve at a post for a period of 
not more than six consecutive years.''.
  (b) Foreign Language Deployment Requirements.--Section 702 of the 
Foreign Service Act of 1980 (22 U.S.C. 4022) is amended by--
          (1) redesignating subsection (c) as subsection (d); and
          (2) by inserting after subsection (b) the following new 
        subsection:
  ``(c) Foreign Language Deployment Requirements.--
          ``(1) In general.--The Secretary of State, with the 
        assistance of other relevant officials, shall require all 
        members of the Service who receive foreign language training in 
        Arabic, Farsi, Chinese (Mandarin or Cantonese), Turkish, 
        Korean, and Japanese by the institution or otherwise in 
        accordance with subsection (b) to serve three successive tours 
        in positions in which the acquired language is both relevant 
        and determined to be a benefit to the Department.
          ``(2) Overseas deployments.--In carrying out paragraph (1), 
        at least one of the three successive tours referred to in such 
        paragraph shall be an overseas deployment.
          ``(3) Waiver.--The Secretary of State may waive the 
        application of paragraph (1) for medical or family hardship or 
        in the interest of national security.
          ``(4) Congressional notification.--The Secretary of State 
        shall notify the Committees on Appropriations and Foreign 
        Affairs of the House of Representatives and Committees on 
        Appropriations and Foreign Relations of the Senate at the end 
        of each fiscal year of any instances during the prior twelve 
        months in which the waiver authority described in paragraph (3) 
        was invoked.''.

SEC. 602. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED PUBLIC 
                    DISCLOSURES OF CLASSIFIED INFORMATION.

  (a) In General.--Title XI of the National Security Act of 1947 (50 
U.S.C. 3091 et seq.) is amended by adding at the end the following new 
section:

``SEC. 1105. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED 
                    PUBLIC DISCLOSURES OF CLASSIFIED INFORMATION.

  ``(a) In General.--On a semiannual basis, each covered official shall 
submit to the congressional intelligence committees a report that 
includes, with respect to the preceding 6-month period--
          ``(1) the number of investigations opened by the covered 
        official regarding an unauthorized public disclosure of 
        classified information;
          ``(2) the number of investigations completed by the covered 
        official regarding an unauthorized public disclosure of 
        classified information; and
          ``(3) of the number of such completed investigations 
        identified under paragraph (2), the number referred to the 
        Attorney General for criminal investigation.
  ``(b) Definitions.--In this section:
          ``(1) 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) The term `investigation' means any inquiry, whether 
        formal or informal, into the existence of an unauthorized 
        public disclosure of classified information.
          ``(3) The term `unauthorized public disclosure of classified 
        information' means the unauthorized disclosure of classified 
        information to a journalist or media organization.''.
  (b) Clerical Amendment.--The table of contents in the first section 
of the National Security Act of 1947 is amended by inserting after the 
item relating to section 1104 the following new item:

``Sec. 1105. Semiannual reports on investigations of unauthorized 
public disclosures of classified information.''.

SEC. 603. 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 inserting ``and'' 
                after the semicolon;
                  (B) in subparagraph (B)(ii), by striking ``; and'' 
                and inserting a period; and
                  (C) by striking subparagraph (C);
          (2) by redesignating subsection (b) as subsection (c);
          (3) by inserting after subsection (a) the following new 
        subsection (b):
  ``(b) Intelligence Community Reports.--(1) Not later than March 1 of 
each year, the Director of National Intelligence shall submit to the 
congressional intelligence committees a report on the security 
clearances processed by each element of the intelligence community 
during the preceding calendar year. Each such report shall separately 
identify security clearances processed by each such element and shall 
cover Federal employees and contractor employees.
  ``(2) Each report submitted under paragraph (1) shall include each of 
the following for each element of the intelligence community for the 
year covered by the report:
          ``(A) The total number of initial security clearance 
        background investigations opened for new applicants.
          ``(B) The total number of security clearance periodic re-
        investigations opened for existing employees.
          ``(C) The total number of initial security clearance 
        background investigations for new applicants that were 
        finalized and adjudicated with notice of a determination 
        provided to the prospective applicant, including--
                  ``(i) the total number that were adjudicated 
                favorably and granted access to classified information; 
                and
                  ``(ii) the total number that were adjudicated 
                unfavorably and resulted in a denial or revocation of a 
                security clearance.
          ``(D) The total number of security clearance periodic 
        background investigations that were finalized and adjudicated 
        with notice of a determination provided to the existing 
        employee, including--
                  ``(i) the total number that were adjudicated 
                favorably; and
                  ``(ii) the total number that were adjudicated 
                unfavorably and resulted in a denial or revocation of a 
                security clearance.
          ``(E) The total number of pending security clearance 
        background investigations, including initial applicant 
        investigations and periodic re-investigations, that were not 
        finalized and adjudicated as of the last day of such year and 
        that remained pending as follows:
                  ``(i) For 180 days or less.
                  ``(ii) For 180 days or longer, but less than 12 
                months.
                  ``(iii) For 12 months or longer, but less than 18 
                months.
                  ``(iv) For 18 months or longer, but less than 24 
                months.
                  ``(v) For 24 months or longer.
          ``(F) In the case of security clearance determinations 
        completed or pending during the year preceding the year for 
        which the report is submitted that have taken longer than 12 
        months to complete--
                  ``(i) the cause of the delay for such determinations; 
                and
                  ``(ii) the number of such determinations for which 
                polygraph examinations were required.
          ``(G) The percentage of security clearance investigations, 
        including initial and periodic re-investigations, that resulted 
        in a denial or revocation of a security clearance.
          ``(H) The percentage of security clearance investigations 
        that resulted in incomplete information.
          ``(I) The percentage of security clearance investigations 
        that did not result in enough information to make a decision on 
        potentially adverse information.
  ``(3) The report required under this subsection shall be submitted in 
unclassified form, but may include a classified annex.''; and
          (4) in subsection (c), as redesignated by paragraph (2), by 
        inserting ``and (b)'' after ``subsection (a)(1)''.

SEC. 604. REPORT ON EXPANSION OF SECURITY PROTECTIVE SERVICES 
                    JURISDICTION.

  (a) Report.--Not later than 60 days after the date of the enactment 
of this Act, the Director of the Central Intelligence Agency shall 
submit to the congressional intelligence committees a report on the 
feasibility, justification, costs, and benefits of expanding the 
jurisdiction of the protective services of the Central Intelligence 
Agency under section 15(a)(1) of the Central Intelligence Agency Act of 
1949 (50 U.S.C. 3515(a)). The report shall include--
          (1) an explanation of the need for expanding such 
        jurisdiction beyond the 500-feet limit specified in such 
        section 15(a)(1); and
          (2) an identification of any comparable departments or 
        agencies of the Federal Government in the Washington 
        metropolitan region (as defined in section 8301 of title 40, 
        United States Code) whose protective services jurisdictions 
        exceed 500 feet.
  (b) Form.--The report under subsection (a) may be submitted in 
classified form.

SEC. 605. 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) Matters Included.--The report under subsection (a) shall--
          (1) describe the current process for the provision of the 
        analytic materials described in subsection (a);
          (2) identify the most significant benefits and drawbacks of 
        such process with respect to the role of the Director, 
        including any benefits or drawbacks relating to the time 
        allotted to the Director to prepare such materials; and
          (3) include recommendations to improve such process.

SEC. 606. 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) Matters Included.--The report under subsection (a) shall include 
the following:
          (1) 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. 607. REVIEW OF INTELLIGENCE COMMUNITY PARTICIPATION IN 
                    VULNERABILITIES EQUITIES PROCESS.

  (a) Review.--Not later than 180 days after the date of the enactment 
of this Act, the Inspector General of the Intelligence Community shall 
review, with respect to the 3-year period preceding the date of the 
review, the roles and responsibilities of the elements of the 
intelligence community in the process of the Federal Government for 
determining whether, when, how, and to whom information about a 
vulnerability that is not publicly known will be shared with or 
released to a non-Federal entity or the public.
  (b) Report.--
          (1) Submission.--Not later than 240 days after the date of 
        the enactment of this Act, the Inspector General shall submit 
        to the congressional intelligence committees a report on the 
        results of the review under subsection (a).
          (2) Elements.--The report under paragraph (1) shall include 
        the following:
                  (A) A description of the roles and responsibilities 
                of the elements of the intelligence community in the 
                process of determining whether, when, how, and to whom 
                information about a vulnerability that is not publicly 
                known will be shared or released to a non-Federal 
                entity or the public.
                  (B) The criteria used by the Federal Government, 
                including elements of the intelligence community, in 
                making such determination.
                  (C) With respect to the period covered by the 
                review--
                          (i) a summary of vulnerabilities known to 
                        elements of the intelligence community that 
                        were reviewed by the Federal Government 
                        pursuant to such process, including--
                                  (I) the number of vulnerabilities 
                                known to the intelligence community 
                                that were reviewed; and
                                  (II) of such number of reviewed 
                                vulnerabilities, the number for which 
                                information was shared with or released 
                                to a non-Federal entity or the public;
                          (ii) an assessment of whether there were any 
                        vulnerabilities known to elements of the 
                        intelligence community that were not reviewed 
                        pursuant to such process, and if so, the basis 
                        and rationale for not conducting such a review; 
                        and
                          (iii) a summary of the most significant 
                        incidents in which a vulnerability known to the 
                        intelligence community, but not shared with or 
                        released to a non-Federal entity or the public, 
                        was exploited by an individual, an entity, or a 
                        foreign country in the course of carrying out a 
                        cyber intrusion.
                  (D) A description of any current mechanisms for 
                overseeing such process.
                  (E) Recommendations to improve the efficiency, 
                effectiveness, accountability, and, consistent with 
                national security, transparency of such process.
                  (F) Any other matters the Inspector General 
                determines appropriate.
          (3) Form.--The report may be submitted in classified form.
  (c) Vulnerability Defined.--In this section, the term 
``vulnerability'' means, with respect to information technology, a 
design, configuration, or implementation weakness in a technology, 
product, system, service, or application that can be exploited or 
triggered to cause unexpected or unintended behavior.

SEC. 608. 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. 609. SENSE OF CONGRESS ON NOTIFICATIONS OF CERTAIN DISCLOSURES OF 
                    CLASSIFIED INFORMATION.

  (a) Findings.--Congress finds that section 502 of the National 
Security Act of 1947 (50 U.S.C. 3092) requires elements of the 
intelligence community to keep the congressional intelligence 
committees ``fully and currently informed'' about all ``intelligence 
activities'' of the United States, and to ``furnish to the 
congressional intelligence committees any information or material 
concerning intelligence activities. . .which is requested by either of 
the congressional intelligence committees in order to carry out its 
authorized responsibilities.''.
  (b) Sense of Congress.--It is the sense of Congress that--
          (1) the authorities described in subsection (a), together 
        with other intelligence community authorities, obligate an 
        element of the intelligence community to submit to the 
        congressional intelligence committees written notification, by 
        not later than 7 days after becoming aware, that an individual 
        in the executive branch has disclosed covered classified 
        information to an official of an adversary foreign government 
        using methods other than established intelligence channels; and
          (2) each such notification should include--
                  (A) the date and place of the disclosure of 
                classified information covered by the notification;
                  (B) a description of such classified information;
                  (C) identification of the individual who made such 
                disclosure and the individual to whom such disclosure 
                was made; and
                  (D) a summary of the circumstances of such 
                disclosure.
  (c) Definitions.--In this section:
          (1) 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) 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) 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) 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).

                                Purpose

    The purpose of H.R. 3180 is to authorize the intelligence 
and intelligence-related activities of the United States 
Government for Fiscal Year 2018. These activities enhance the 
national security of the United States, support and assist the 
armed forces of the United States, and support the President in 
the execution of the foreign policy of the United States.

                 Classified Annex and Committee Intent

    The classified annex to this report includes the classified 
schedule of authorizations and associated explanatory language. 
The Committee views the classified annex as an integral part of 
this legislation. The classified annex contains thorough 
discussions of the issues considered by the Committee 
underlying the funding authorizations found in the classified 
schedules of authorizations. All intelligence programs 
discussed in the classified annex to this report will follow 
the guidance and limitations set forth as associated language 
therein. The classified schedule of authorizations is 
incorporated directly into this legislation by virtue of 
Section 102 of the bill. The classified annex is available for 
review by all Members of the House of Representatives, subject 
to the requirements of clause 13 of rule XXIII of the Rules of 
the House of Representatives and rule 14 of the Rules of 
Procedure for the House Permanent Select Committee on 
Intelligence.

                       Scope of Committee Review

    The bill authorizes U.S. intelligence and intelligence-
related activities within the jurisdiction of the Committee, 
including the National Intelligence Program (NIP) and the 
Military Intelligence Program (MIP), the Homeland Security 
Intelligence Program (HSIP), and the Information Systems 
Security Program (ISSP). The NIP consists of all activities of 
the Office of the Director of National Intelligence (ODNI), as 
well as intelligence, intelligence-related, and 
counterintelligence activities conducted by: the Central 
Intelligence Agency; the Department of Defense, including the 
Defense Intelligence Agency, the National Security Agency, the 
National Geospatial-Intelligence Agency, the National 
Reconnaissance Office, and certain activities of the 
Departments of the Army, Navy, and Air Force; the Department of 
Energy; the Department of Justice, including the Federal Bureau 
of Investigation and the Drug Enforcement Administration; the 
Department of Homeland Security, including the U.S. Coast Guard 
and intelligence elements of DHS; Department of State; and the 
Department of the Treasury. The Committee has exclusive 
legislative, authorizing, and oversight jurisdiction of these 
programs.

                     Committee Statement and Views

    H.R. 3180, the Intelligence Authorization Act for Fiscal 
Year 2018 (the Act) authorizes the activities of, and funding 
for, the 17 agencies that comprise the U.S. Intelligence 
Community (IC). These activities include: deterring nation 
state adversaries like Russia and China; countering an 
increasingly provocative North Korea; countering proliferators 
of weapons of mass destruction; defeating the Islamic State of 
Iraq and Syria (ISIS) and other terrorist groups; defending 
against world-wide cyber-attacks; and protecting the Homeland 
from overseas threats.
    The Act authorizes the resources necessary to face these 
challenges and provides for needed future capabilities. The 
total funding levels authorized by the classified Schedule of 
Authorizations are slightly below the Administration's budget 
request, balancing fiscal discipline and national security. 
However, the Committee remains concerned that the funding 
levels for Fiscal Year 2019 and beyond specified in the Budget 
Control Act of 2011 could prevent the IC from fully carrying 
out its missions at a time when the United States and its 
allies face increasingly complex security challenges.
    The provisions of the Act consist of changes to statute and 
direction to the IC to enable effective, efficient, and 
constitutional intelligence activities. Because most of the 
intelligence budget involves classified programs, the bulk of 
the Committee's recommendations each year are found in the 
classified annex accompanying the bill. H.R. 3180 funds high-
priority initiatives not included in the President's budget 
request, trims requested increases that lack clear 
justifications, and reflects the Committee's determinations of 
which programs represent the best value for intelligence 
dollars. Specific recommendations for the MIP and ISSP are 
consistent with H.R. 2810, the Committee on Armed Services 
(HASC)-passed National Defense Authorization Act for Fiscal 
Year 2018 (FY 2018 NDAA).
    Ultimately, H.R. 3180 ensures that during Fiscal Year 2018, 
the dedicated men and women of the IC have the funding, 
authorities, and support they need to carry out their mission 
and keep America safe, while ensuring accountability and strict 
oversight of intelligence programs and activities.

Defense Intelligence Agency (DIA)--Roles and missions review

    In the last 70 years, many reform efforts have targeted 
defense intelligence within the Department of Defense (DoD), 
but today's defense intelligence apparatus is cumbersome, 
duplicative, and expensive. As a result, the Committee is 
examining the defense intelligence enterprise, beginning with a 
review of Defense Intelligence Agency (DIA) roles and missions.
    DIA was created in 1961 to de-conflict, coordinate, and 
oversee DoD intelligence functions executed independently by 
the military services. Its purpose was to achieve unity of 
effort in the production of military intelligence while 
realizing significant cost savings through more effective 
management of DoD intelligence resources. However, in recent 
years, DIA's roles and missions have expanded from 19 discrete 
functions to more than 100. Moreover, DIA continues to receive 
a variety of administrative and enterprise management 
responsibilities. The Committee believes these assigned tasks 
and functions have detracted from DIA's ability to execute its 
primary mission: providing intelligence on foreign militaries 
and operating environments that delivers an information 
advantage to prevent and decisively win wars.
    Based on initial findings from its review of DIA roles and 
missions, the Committee has determined that several functions 
currently assigned to DIA should be eliminated or transferred 
to other IC or DoD components. The Committee selected the 
following functions and organizations for transfer or 
elimination because they are tangential to DIA's core missions 
and responsibilities in support of the DoD and IC, or are 
duplicative of functions conducted elsewhere:
          1. The Information Review Task Force (IRTF). The IRTF 
        was originally established in August 2010 by the 
        Secretary of Defense to lead a comprehensive 
        department-wide review and determine the impact of a 
        mass unauthorized disclosure and public release of 
        classified information. The Task Force, which is now 
        responsible for impact assessments for multiple 
        unauthorized disclosures and related leaks affecting 
        DoD, should be transferred to the Chairman of the Joint 
        Chiefs of Staff as a Chairman's Controlled Activity.
          2. The Identity Intelligence Project Office (I2PO). 
        Housed within the Defense Combating Terrorism Center 
        (DCTC), I2PO is DIA's focal point for DoD identity 
        intelligence and coordinates DoD identity intelligence 
        requirements and capabilities. Sufficient processes are 
        in place for DoD identity intelligence management. The 
        existence of a separate office that serves solely as a 
        coordinating body for this function is unnecessary and 
        should be eliminated.
          3. Watchlisting Branch. DCTCs Watchlisting Branch is 
        responsible for submitting Terrorism Identity 
        Nominations for DoD. This function should be 
        transferred to the Director for Intelligence of the 
        Joint Staff because it better aligns with the Joint 
        Staff's warning mission.
          4. Counter Threat Finance (CTF) Branch. The CTF 
        Branch within DIA's Americas Regional Center should be 
        eliminated because CTF is not a core defense 
        intelligence mission and is redundant of identical 
        functions performed by other DoD components and IC 
        agencies, including the Department of the Treasury.
          5. National Intelligence University (NIU). NIU is the 
        IC's sole accredited, federal degree-granting 
        institution. NIU focuses on the profession of 
        intelligence and is the only institution of higher 
        education in the nation that allows its students to 
        study and complete research in the Top Secret/Sensitive 
        Compartmented Information (TS/SCI) domain. Since NIU 
        operates in support of the entire IC, it should be 
        transferred back to the Office of the Director of 
        National Intelligence (ODNI).
    In addition, the Committee has concerns regarding the 
assignment of two other IC Centers to DIA and has asked the IC 
and DoD to provide a report to the congressional intelligence 
and defense committees on their missions and effectiveness:
          1. The Underground Facilities Analysis Center (UFAC). 
        UFAC uses national intelligence and non-intelligence 
        resources to find, characterize, and assess underground 
        facilities used by adversarial state and non-state 
        actors.
          2. The National Center for Credibility Assessment 
        (NCCA). Located at Fort Jackson, South Carolina, NCCA 
        is the federal center responsible for polygraph 
        examiner education and training, continuing education 
        certification, quality assurance, and credibility 
        assessment research and development.

Unauthorized disclosures of classified information

    The Committee is extremely concerned by the widespread, 
recent media reports that purport to contain unauthorized 
disclosures of classified information. Protecting the nation's 
secrets from unauthorized disclosure is essential to 
safeguarding our nation's intelligence sources and methods. An 
unlawful disclosure of classified information can destroy 
sensitive collection capabilities and endanger American lives, 
including those individuals who take great personal risks to 
assist the United States in collecting vital foreign 
intelligence.
    Federal law prohibits the unauthorized disclosure of 
classified information, but enforcement is often lacking or 
inconsistent. Accordingly, the Committee desires to better 
understand the number of potential unauthorized disclosures 
discovered and investigated on a routine basis. Moreover, the 
Committee has little visibility into the number of 
investigations initiated by each IC agency or the number of 
criminal referrals to the Department of Justice. Accordingly, 
Section 602 of the Act requires all IC agencies to provide the 
congressional intelligence committees with a semi-annual report 
of the number of investigations of unauthorized disclosures to 
journalists or media organizations, including subsequent 
referrals to the Attorney General.
    Additionally, the Committee also wishes to better 
understand the role of Inspectors General (IGs) within elements 
of the IC, with respect to unauthorized disclosures of 
classified information at those elements.
    Therefore, the Committee directs the IC IG, within 180 days 
of enactment of this Act, to provide the congressional 
intelligence committees with a report regarding the role of IGs 
with respect to unauthorized disclosures. The report shall 
address: the roles of IC elements' security personnel and law 
enforcement regarding unauthorized disclosures; thedisclosures; 
the current role of IGs within IC elements regarding such disclosures; 
what, if any, specific actions could be taken by such IGs to increase 
their involvement in the investigation of such matters; any laws, rules 
or procedures that currently prevent IGs from increasing their 
involvement; and the benefits and drawbacks of increased IG 
involvement, to include potential impacts to IG's roles and missions.

Security clearance investigation delays

    Although the Committee understands and supports fully 
vetting IC civilian employees and contractors for access to 
classified information, the Committee remains concerned about 
the continued backlog of security clearance cases for both sets 
of personnel. Some IC agencies are experiencing delays in 
excess of one year for processing new security clearances. 
Further complicating this growing backlog is the fact that many 
IC agencies refuse to accept active, adjudicated security 
clearances from other agencies. The inability of various IC 
elements to timely grant new security clearances or accept 
existing ones leaves funded billets unmanned, and causes 
agencies to lose top talent who are unwilling or unable to wait 
a year or more to begin new careers in the IC. Moreover, lost 
government and contractor efforts hinder IC missions 
threatening our national security. While the recently 
established National Background Investigative Bureau (NBIB) is 
working to reduce the security clearance backlog at the Office 
of Personnel Management (OPM), processes at various IC agencies 
that utilize OPM remain inefficient.
    Therefore, in addition to the requirements of Section 602, 
the Committee directs ODNI, within 90 days of enactment of this 
Act, to brief the congressional intelligence and defense 
committees on the amount of time required for processing 
initial security clearances, periodic re-investigations, and 
reciprocal actions for IC agencies started during fiscal years 
2016 and 2017. Such briefing shall include the average time 
required for each of the following:
          1. Passage of the Standard Form (SF)-86 or security 
        clearance questionnaire package to OPM or other 
        applicable investigative service provider;
          2. The completion of the investigation by OPM or the 
        applicable investigative service provider;
          3. The completion of final adjudication; and
          4. Notification to the applicant or employee that the 
        clearance request was granted or denied.

Presidential Policy Guidance

    The Presidential Policy Guidance (PPG) dated May 22, 2013, 
and entitled ``Procedures for Approving Direct Action Against 
Terrorist Targets Located Outside the United States and Areas 
of Active Hostilities'' provides for the participation by 
elements of the IC in reviews of certain proposed 
counterterrorism operations. The Committee desires to remain 
fully and currently informed about the status of the PPG and 
its implementation.
    Therefore, the Committee directs ODNI, within five days of 
any change to the PPG, or to any successor policy guidance, to 
submit to the congressional intelligence committees a written 
notification thereof, that shall include a summary of the 
change and the specific legal and policy justification(s) for 
the change.

Foreign service officer tour lengths

    Committee members and staff frequently meet with foreign 
service officers worldwide during oversight travel and 
recognize the difficulties faced by the Department of State in 
staffing embassies and consulates with officers with the 
necessary language and cultural expertise. The Committee 
believes that the current standard tour length for foreign 
service officers exacerbates these challenges by moving 
officers with significant language and cultural experience 
after only two years of service in each country, and therefore 
must be lengthened. The Committee further believes that the 
Department of State could achieve significant cost savings by 
reducing the number of permanent-changes-of-station and 
extending the tour length of officers overseas.
    Therefore, consistent with H.R. 6271, The Foreign Service 
Optimization Act of 2016, introduced by Chairman Nunes in the 
114th Congress, Section 601 of the Act amends the Foreign 
Service Act of 1980 to permit the Secretary of State to allow 
foreign service officers to serve at an overseas post for a 
period of not more than six consecutive years. In addition, it 
requires the Secretary of State, with the assistance of other 
relevant officials, to require all members of the foreign 
service who receive language training in Arabic, Farsi, Chinese 
(Mandarin or Cantonese), Turkish, Korean, and Japanese to serve 
three successive tours in positions in which the acquired 
language is both relevant and determined to be a benefit to the 
Department of State--though the Secretary of State may waive 
that requirement for medical or family hardship reasons, or in 
the interest of national security.

Centers for Academic Excellence

    The Committee commends the commitment demonstrated by 
ODNI's Centers for Academic Excellence (CAE) program managers, 
IC agencies that sponsored CAE interns, and all other personnel 
who contributed to making the inaugural edition of the CAE 
Internship Program a reality in summer 2017. The Committee 
expects the CAE Program to build on this foundation by showing 
measurable, swift progress, and ultimately fulfilling 
Congress's intent that the Program serve as a pipeline of the 
next generation of IC professionals.
    Therefore, the Committee directs that the IC take all 
viable action to expand the CAE Program by increasing, to the 
fullest extent possible:
          1. The number and racial and gender diversity of CAE 
        interns;
          2. The number of CAE academic institutions and their 
        qualified internship candidates participating in the 
        Program; and
          3. The number of IC elements that sponsor CAE 
        interns.

Report on violent extremist groups

    Violent extremist groups like ISIS continue to exploit the 
Internet for nefarious purposes: to inspire lone wolves; to 
spread propaganda; to recruit foreign fighters; and to plan and 
publicize atrocities. As the Director of the National 
Counterterrorism Center (NCTC) has stated publicly:

          [W]e need to counter our adversaries' successful use 
        of social media platforms to advance their propaganda 
        goals, raise funds, recruit, coordinate travel and 
        attack plans, and facilitate operations. . . . Our 
        future work must focus on denying our adversaries the 
        capability to spread their messages to at-risk 
        populations that they can reach through the use of 
        these platforms.

    Section 403 of the Intelligence Authorization Act for 
Fiscal Year 2017 required the Director of National Intelligence 
(DNI), consistent with the protection of sources and methods, 
to assist public and private sector entities in recognizing 
online violent extremist content--specifically, by making 
publicly available a list of insignias and logos associated 
with foreign extremist groups designated by the Secretary of 
State. The Committee believes that further steps can be taken.
    Therefore, the Committee directs the Director of NCTC, in 
coordination with appropriate other officials designated by the 
DNI, within 180 days of enactment of this Act, to brief the 
congressional intelligence committees on options for a pilot 
program to develop and continually update best practices for 
private technology companies to quickly recognize and lawfully 
take down violent extremist content online.
    Such briefing shall address:
          1. The feasibility, risks, costs, and benefits of 
        such a program;
          2. The U.S. Government agencies and private sector 
        entities that would participate; and
          3. Any additional authorities that would be required 
        by the program's establishment.

South China Sea

    The South China Sea is an area of great geostrategic 
importance to the United States and its allies. However, 
China's controversial territorial claims and other actions 
stand to undercut international norms and erode the region's 
stability. It is thus imperative the United States uphold 
respect for international law in the South China Sea. 
Fulfilling that objective in turn will require an optimal 
intelligence collection posture.
    Therefore, the Committee directs DoD, in coordination with 
DNI, within 30 days of enactment of this Act, to brief the 
congressional intelligence and defense committees on known 
intelligence collection gaps, if any, with respect to adversary 
operations and aims in the South China Sea. The briefing shall 
identify the gaps and whether those gaps are driven by lack of 
access, lack of necessary collection capabilities or legal or 
policy authorities, or by other factors. The briefing shall 
also identify IC assessments that assess which intelligence 
disciplines would be best-suited to answer the existing gaps, 
and current plans to address the gaps over the Future Years 
Defense Program.

Improving analytic automation

    The Committee continues to support efforts that gather, 
analyze, manage, and store large amounts of intelligence, 
surveillance, and reconnaissance (ISR) data from remote 
sources. Managing data by making information discoverable to 
analysts across the globe while reducing storage and analytical 
access costs are critical steps in DoD's efforts to leverage 
commercial best practices in big data analytics. NGA is at the 
forefront of such efforts, but the Committee is concerned by 
DoD's slow pace in developing formal requirements for big data 
analytic capabilities.
    The Committee understands that DoD faces challenges in 
addressing its ISR requirements, and DoD is investing in new 
collection capabilities that are producing growing volumes of 
data. However, investments in ground processing, automation, 
and alert functions need further attention. For example, wide 
area motion imagery collection capabilities have evolved with 
technology and are producing extremely valuable ISR data, but 
processing and integration of this data is labor intensive. DoD 
continues to struggle to apply commercially available data 
analysis and machine learning capabilities. The Committee 
recognizes that DoD's processing, exploitation and 
dissemination (PED) challenges cannot be addressed without 
integrating commercial data processing and access techniques, 
and automating as much of the PED workflow as possible.
    Therefore, the Committee directs that the Under Secretary 
of Defense for Intelligence, in coordination with the Secretary 
of the Army, Secretary of the Air Force, Secretary of the Navy, 
and the DNI, no later than December 1, 2017, brief the 
congressional intelligence and defense committees on efforts 
that allow for rapid adoption of data storage, access, and 
automated processing and machine learning technologies and 
techniques.

Project MAVEN

    In recent years, there has been an exponential growth in 
the volume of data available for DoD intelligence professionals 
to manage, process, exploit, and disseminate. Analysts are in 
dire need of tools that will support simultaneous access to, 
and analysis of, data from a multitude of sources and 
disciplines.
    The massive quantities of available digital data hold 
significant promise for improving data analytics, producing 
more actionable intelligence, and contributing to the 
employment of a more lethal force. It is critical that DoD 
invest in new technologies that will bring artificial 
intelligence, deep learning, and computer vision to streamline 
the process of object detection, identification, and tracking--
and allow analysts to focus their valuable cognitive capacity 
on the hardest and highest priority problems.
    The Committee believes Project MAVEN provides DoD with a 
critical path to the integration of big data, artificial 
intelligence, and machine learning across the full spectrum of 
military intelligence to ensure our warfighters maintain 
advantages over increasingly capable adversaries. Although DoD 
has taken tentative steps to explore the potential of 
artificial intelligence, big data, deep learning, and machine 
learning, the Committee believes Project MAVEN will accelerate 
DoD's efforts to process the enormous volume of data.
    Therefore, the Committee directs the Secretary of Defense, 
in coordination with NGA and other relevant IC and DoD 
agencies, within 90 days of enactment of this Act, to brief the 
congressional intelligence and defense committees on Project 
MAVEN. Such briefing shall address:
          1. Schedule and strategy for labeling classified and 
        unclassified data;
          2. Algorithm development, production, and deployment 
        strategy;
          3. Coordination of integration efforts with other DoD 
        and IC elements;
          4. Plan to implement the technologies developed by 
        Project MAVEN technology throughout the defense 
        intelligence enterprise;
          5. Additional areas this technological advance can be 
        implemented; and
          6. Validated funding requirements and efforts that 
        ensure spending practices are focused and efficient.

Report on geospatial commercial activities for basic and applied 
        research and development

    The Committee directs the Director of NGA, in coordination 
with the DNI, the Director of the Central Intelligence Agency, 
and the Director of the National Reconnaissance Office, within 
90 days of enactment of this Act, to submit to the 
congressional intelligence and defense committees a report on 
the feasibility, risks, costs, and benefits of providing the 
private sector and academia, on a need-driven and limited 
basis--consistent with the protection of sources and methods, 
as well as privacy and civil liberties--access to data in the 
possession of the NGA for the purpose of assisting the efforts 
of the private sector and academia in basic research, applied 
research, data transfers, and the development of automation, 
artificial intelligence, and associated algorithms. Such report 
shall include:
          1. Identification of any additional authorities that 
        the Director of NGA would require to provide the 
        private sector and academia with access to relevant 
        data on a need-driven and limited basis, consistent 
        with applicable laws and procedures relating to the 
        protection of sources, methods, privacy and civil 
        liberties; and
          2. Market research to assess the commercial and 
        academic interest in such data and determine likely 
        private-sector entities and institutions of higher 
        education interested in public-private partnerships 
        relating to such data.

Military Occupational Specialty-to-Degree program

    The Committee supports the Military Occupational Specialty 
(MOS)-to-Degree program, which is an innovative framework that 
enables enlisted Marines to receive credits towards an 
associate's or a bachelor's degree while earning required MOS 
credentials. The program partners with colleges and 
universities to map a Marine's experience and training to 
equivalent credit, and provides Marines with an awareness of 
tuition assistance and scholarship programs to enable them to 
complete the remaining credits towards their degree. The 
Committee encourages the Marine Corps to expand the MOS-to-
Degree program through further curriculum development and 
enhanced management of the program.
    Therefore, the Committee directs the Marine Corps 
Intelligence Activity (MCIA), within 90 days of the enactment 
of this Act, to brief the congressional intelligence and 
defense committees on the Marine Corps' progress towards 
expanding the MOS-to-Degree program.

Unmanned aircraft system pilot retention

    The Committee supports the Marine Corps' vision to grow a 
more diverse, lethal, amphibious, and middleweight 
expeditionary force by leveraging emerging technologies, 
particularly in the area of unmanned and manned-unmanned 
teaming. Additionally, the Committee is enthusiastic about the 
Marine Corps' efforts to equip operating forces down to the 
squad level with a Small Unit Remote Scouting System (SURSS) 
Family of Small Unmanned Aerial Systems (UAS) (FoSUAS) capable 
of operating in all weather conditions across the full spectrum 
of conflict. The Committee is also aware of the service's 
concept for a Marine Air Ground Task Force Unmanned 
Expeditionary (MUX) capability.
    However, the Committee is concerned with the projected cost 
and delays associated with developing this new technology and 
believes the Marine Corps is ill-prepared to address the 
growing deficiency in expertise and the manpower challenges 
that will accompany expansion of the unmanned fleet. Based on 
observations of the Air Force's and Army's efforts, the 
Committee believes the Marine Corps' UAS programs will 
experience pilot and maintainer shortages based on inadequate 
training, lack of reliable equipment, and the absence of 
incentive.
    Therefore, the Committee directs the Deputy Commandant of 
Aviation, within 120 days of enactment of this Act, to brief 
the congressional intelligence and defense committees on 
potential interim solutions to the gap exposed by the long 
development time for MUX. Such briefing should also address the 
Marine Corps' UAS talent management plan, including a strategy 
for pilot retention and a plan to unify unmanned training that 
will build a base of instructors and encourage the 
professionalism of the community.

Remotely Piloted Aircraft training strategy

    Consistent with the committee report accompanying H.R. 
2810, the HASC-passed FY 2018 NDAA (H. Rept. 115-200), the 
Committee directs the Secretary of the Air Force, no later than 
September 28, 2017, to brief the congressional intelligence and 
defense committees on the Air Force's approach to Remotely 
Piloted Aircraft (RPA) aircrew training, with a particular 
focus on how the Air Force plans to field simulator capability 
and training capacity among Active and Reserve Component units 
supporting RPA operations.

Wide-area motion imagery intelligence capability

    Consistent with the committee report accompanying H.R. 
2810, the HASC-passed FY 2018 NDAA (H. Rept. 115-200), the 
Committee directs the Secretary of the Air Force no later than 
March 1, 2018, to provide to the congressional intelligence and 
defense committees a report that describes in detail the 
lifecycle weapon system sustainment and modernization strategy 
for maintaining an enduring wide-area motion imagery capability 
for the geographic combatant commanders.

MQ-4C Triton unmanned aircraft system

    Consistent with the committee report accompanying H.R. 
2810, the HASC-passed FY 2018 NDAA (H. Rept. 115-200), the 
Committee directs the Secretary of the Navy, no later than 
November 15, 2017, to brief the congressional intelligence and 
defense committees on MQ-4C mission execution and tasking, 
collection, processing, exploitation, and dissemination (TCPED) 
processes. The briefing shall include or explain:
          1. A framework description of the manning, equipping, 
        and training requirements for the MQ-4C system;
          2. A description of the baseline architecture of the 
        mission support infrastructure required to support MQ-
        4C operations;
          3. How the Navy plans to support and execute the 
        TCPED processes;
          4. How the Navy plans to support flying operations 
        from either line-of-sight or beyond-line-of-sight 
        locations;
          5. How many aircraft the Navy plans to dedicate 
        annually to the ISR Global Force Management Allocation 
        Process of the DoD; and
          6. How many hours of collection the MQ-4C will be 
        able to provide annually in each of the intelligence 
        disciplines for combatant commanders.

MQ-25 unmanned air system

    Consistent with the committee report accompanying H.R. 
2810, the HASC-passed FY 2018 NDAA (H. Rept. 115-200), the 
Committee directs the Comptroller General of the United States, 
no later than March 1, 2018, to provide the congressional 
intelligence and defense committees with a report on the Navy's 
carrier based unmanned aircraft acquisition program(s), with 
specific focus on the MQ-25, that takes into account the 
revised capability development document. The report shall 
include:
          1. The extent to which the program(s) have 
        established cost, schedule, and performance goals, 
        including test, production, and fielding plans; and
          2. An assessment of program progress toward meeting 
        those goals.

E-8C Joint Surveillance and Target Attack Radar System

    Consistent with the committee report accompanying H.R. 
2810, the HASC-passed FY 2018 NDAA (H. Rept. 115-200), the 
Committee directs the Secretary of the Air Force, no later than 
March 1, 2019, to provide to the congressional intelligence and 
defense committees a report that explains in detail all aspects 
of how and when the Air Force will transition from legacy Joint 
Surveillance and Target Attack Radar System (JSTARS) aircraft 
capability to JSTARS Recapitalization aircraft capability.

Acceleration of Increment 2 of Warfighter Information Network-Tactical 
        program

    Consistent with Section 111 of H.R. 2810, the HASC-passed 
FY 2018 NDAA, the Committee directs the Secretary of the Army, 
no later than January 30, 2018, to submit to the congressional 
intelligence and defense committees a report detailing 
potential options for the acceleration of procurement and 
fielding of the Warfighter Information Network-Tactical 
Increment 2 program.

Cost-benefit analysis of upgrades to MQ-9

    Consistent with Section 134 of H.R. 2810, the HASC-passed 
FY 2018 NDAA, the Committee directs the Secretary of Defense, 
in coordination with the Secretary of the Air Force, within 180 
days of enactment of this Act, to provide the congressional 
intelligence and defense committees an analysis that compares 
the costs and benefits of the following:
          1. Upgrading fielded MQ-9 Reaper aircraft to a Block 
        5 configuration; and
          2. Proceeding with the procurement of MQ-9B aircraft 
        instead of upgrading fielded MQ-9 Reaper aircraft to a 
        Block 5 configuration.

Limitation on divestment of U-2 or RQ-4 aircraft

    The Committee recognizes that both piloted U-2 Dragon Lady 
and the remotely piloted RQ-4 Global Hawk fleets of aircraft 
provide essential and extremely sought after high-altitude 
airborne ISR capabilities for geographic combatant commanders. 
These platforms have been viewed as competitors for resources, 
with stakeholders trying to decide which should remain within 
the Air Force inventory for the long-term.
    Although the U-2 and RQ-4 have differing attributes that 
may make one platform preferable depending on requirements, 
maintaining both platforms provides critical, complementary 
capabilities within DoD's portfolio of high-altitude ISR 
assets. Furthermore, retiring either aircraft would exacerbate 
an existing and significant capability shortfall in meeting 
combatant commanders' requirements.
    The Committee expects the Secretary of the Air Force to 
continue current and future modernization efforts and upgrades 
for the U-2 and RQ-4 to increase capability, generate synergy, 
and foster commonality within the high-altitude airborne ISR 
portfolio. The Committee discourages the Secretary of the Air 
Force or the Chief of Staff of the Air Force from planning in 
the future or proposing to Congress any aircraft retirement 
that would create an ISR capability deficit or capacity 
shortfalls from existing levels until a sufficient replacement 
reaches full operational capability.
    Therefore, consistent with Section 1034 of H.R. 2810, the 
HASC-passed FY 2018 NDAA, the Committee directs that none of 
the funds authorized to be appropriated by the Act, or 
otherwise made available for the DoD for any fiscal year before 
Fiscal Year 2024, may be obligated or expended to prepare to 
divest, place in storage, or place in a status awaiting further 
disposition of the possessing commander any U-2 or RQ-4 
aircraft for the DoD. This prohibition shall not apply to an 
individual U-2 or RQ-4 aircraft that the Secretary of the Air 
Force determines, on a case-by-case basis, to be non-returnable 
to flying service due to any mishap, other damage, or being 
uneconomical to repair.

Nonconventional assisted recovery

    Consistent with Section 1053 of H.R. 2810, the HASC-passed 
FY 2018 NDAA, the Committee directs the Secretary of Defense, 
no later than March 1, 2018, to submit to the congressional 
intelligence and defense committees the written review and 
assessment of personnel recovery and nonconventional assisted 
recovery programs. The assessment shall include:
          1. An overall strategy defining personnel recovery 
        and nonconventional assisted recovery programs and 
        activities, including how such programs and activities 
        support the requirements of the geographic combatant 
        commanders;
          2. A comprehensive review and assessment of statutory 
        authorities, policies, and interagency coordination 
        mechanisms, including limitations and shortfalls, for 
        personnel recovery and nonconventional assisted 
        recovery programs and activities;
          3. A comprehensive description of current and 
        anticipated future personnel recovery and 
        nonconventional assisted recovery requirements across 
        the Future Years Defense Program, as validated by the 
        Joint Staff; and
          4. An overview of validated current and expected 
        future force structure requirements necessary to meet 
        near-, mid-, and long-term personnel recovery and 
        nonconventional assisted recovery programs and 
        activities of the geographic combatant commanders.
    The Committee further directs the Comptroller General of 
the United States, within 90 days of the date on which the 
assessment is submitted, to submit to the congressional 
intelligence and defense committees a review of such 
assessment.

              Committee Consideration and Roll Call Votes

    On July 13, 2017, the Committee met in open session to 
consider H.R. 3180 and ordered the bill favorably reported.
    In open session, the Committee considered an amendment in 
the nature of a substitute, offered by Mr. Nunes to H.R. 3180. 
The amendment was adopted by a voice vote.
    Mr. Nunes then moved to make the classified Fiscal Year 
2018 schedule of authorizations available for Members of the 
House to review. The motion was agreed to by a recorded vote of 
21 ayes to 0 noes:
          Voting aye: Mr. Nunes (Chairman), Mr. Conaway, Mr. 
        King, Mr. LoBiondo, Ms. Ros-Lehtinen, Mr. Turner, Mr. 
        Wenstrup, Mr. Stewart, Mr. Crawford, Mr. Gowdy, Ms. 
        Stefanik, Mr. Hurd, Mr. Schiff, Mr. Himes, Ms. Sewell, 
        Mr. Carson, Ms. Speier, Mr. Quigley, Mr. Swalwell, Mr. 
        Castro, and Mr. Heck.
          Voting no: None
    The Committee then agreed to a motion by the Chairman to 
favorably report H.R. 3180, as amended, to the House, including 
by reference the classified schedules of authorizations. The 
motion was agreed to by a unanimous voice vote.

        Section-by-Section Analysis and Explanation of Amendment


Section 1--Short title; table of contents

    Section 1 lists the title and table of contents of the 
Intelligence Authorization Act for Fiscal Year 2018 (the Act).

Section 2--Definitions

    Section 2 defines the terms ``congressional intelligence 
committees'' and the ``Intelligence Community'' (IC) that will 
be used in the Act.

                    TITLE I--INTELLIGENCE ACTIVITIES


Section 101--Authorization of appropriations

    Section 101 lists the U.S. Government departments, 
agencies, and other elements for which the Act authorizes 
appropriations for intelligence and intelligence-related 
activities for Fiscal Year 2018.

Section 102--Classified schedule of authorizations

    Section 102 provides that the amounts authorized to be 
appropriated for intelligence and intelligence-related 
activities and the personnel levels for Fiscal Year 2018 are 
contained in the classified Schedule of Authorizations and that 
the classified Schedule of Authorizations shall be made 
available to the Committees on Appropriations of the Senate and 
House of Representatives and to the President.

Section 103--Personnel ceiling adjustments

    Section 103 provides that the Director of National 
Intelligence (DNI) may authorize employment of civilian 
personnel in Fiscal Year 2018 in excess of the number of 
authorized positions by an amount not exceeding three percent 
of the total limit applicable to each IC element under Section 
102. The DNI may do so only if necessary to the performance of 
important intelligence functions.

Section 104--Intelligence Community Management Account

    Section 104 authorizes appropriations for the Intelligence 
Community Management Account (ICMA) of the DNI and sets the 
authorized personnel levels for the elements within the ICMA 
for Fiscal Year 2018.

 TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM


Section 201--Authorization of appropriations

    Section 201 authorizes appropriations in the amount of 
$514,000,000 for Fiscal Year 2018 for the Central Intelligence 
Agency (CIA) Retirement and Disability Fund.

Section 202--Computation of annuities for employees of the Central 
        Intelligence Agency

    Section 202 makes technical changes to the CIA Retirement 
Act to conform with various statutes governing the Civil 
Service Retirement System.

                     TITLE III--GENERAL PROVISIONS


Section 301--Restriction on conduct of intelligence activities

    Section 301 provides that the authorization of 
appropriations by the Act shall not be deemed to constitute 
authority for the conduct of any intelligence activity that is 
not otherwise authorized by the Constitution or laws of the 
United States.

Section 302--Increase in employee compensation and benefits authorized 
        by law

    Section 302 provides that funds authorized to be 
appropriated by the Act for salary, pay, retirement, and other 
benefits for federal employees may be increased by such 
additional or supplemental amounts as may be necessary for 
increases in compensation or benefits authorized by law.

Section 303--Congressional oversight of Intelligence Community 
        contractors

    Section 303 prohibits the head of an element of the IC from 
prohibiting a contractor with such element from contacting or 
meeting with the congressional intelligence committees, 
conditioning such contacts or meetings on the element's prior 
approval, or taking any adverse action based on such contacts 
or meetings.

Section 304--Enhanced personnel security programs

    Section 304 contains a technical correction to 5 U.S.C. 
11001 that replaces ``audit'' with ``review.''

  TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY


      subtitle a--office of the director of national intelligence


Section 401--Authority for protection of current and former employees 
        of the Office of the Director of the National Intelligence

    Section 401 amends Section 5 of the CIA Act of 1949 to 
authorize the protection of current and former personnel of the 
Office of the Director of National Intelligence (ODNI) and 
their immediate families.

Section 402--Designation of the Program Manager-Information Sharing 
        Environment

    Section 402 makes technical changes to the Intelligence 
Reform and Terrorism Protection Act of 2004 to permit the DNI 
to designate the Program Manager-Information Sharing 
Environment (PM-ISE).

Section 403--Technical correction to the executive schedule

    Section 403 makes a technical change to 5 U.S.C. 5313, by 
adding the Director of Counterintelligence and Security to the 
list of positions included at Level II of the Executive 
Schedule.

                       subtitle b--other elements


Section 411--Requirements relating to appointment of General Counsel of 
        National Security Agency

    Section 411 requires the General Counsel of the National 
Security Agency (NSA) to be appointed by the President, by and 
with the advice and consent of the Senate. The change shall 
apply with respect to any person appointed after January 21, 
2021.

Section 412--Transfer or elimination of certain components and 
        functions of the Defense Intelligence Agency

    Section 412 transfers and eliminates several DIA components 
and functions, while requiring reports as to other DIA 
components and functions.

Section 413--Technical amendments related to the Department of Energy

    Section 413 makes technical changes in the Atomic Energy 
Defense Act and in the National Security Act of 1947 regarding 
references to the Department of Energy's Office of Intelligence 
and Counterintelligence.

             TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES


Section 501--Assessment of significant Russian influence campaigns 
        directed at foreign elections and referenda

    Section 501 requires the DNI to provide a report assessing 
past and ongoing Russian influence campaigns against foreign 
elections and referenda, to include a summary of the means by 
which such influence campaigns have been or are likely to be 
conducted, a summary of defenses against or responses to such 
Russian influence campaigns, a summary of IC activities to 
assist foreign governments against such campaigns, and an 
assessment of the effectiveness of such foreign defenses and 
responses.

Section 502--Foreign counterintelligence and cybersecurity threats to 
        federal election campaigns

    Section 502 requires the Director of National Intelligence, 
in coordination with the Under Secretary of Homeland Security 
for Intelligence and Analysis (I&A) and the Director of the 
Federal Bureau of Investigation, to publish regular public 
advisory reports on foreign counterintelligence and 
cybersecurity threats to federal election campaigns before 
those elections take place. Additional information may be 
provided to the appropriate representatives of campaigns if the 
FBI Director and the DHS Under Secretary for I&A jointly 
determine that an election campaign for federal office is 
subject to a heightened foreign counterintelligence or 
cybersecurity threat.

Section 503--Assessment of threat finance relating to the Russian 
        federation

    Section 503 requires the IC to conduct an assessment of 
Russia's threat finance activities globally, to include an 
assessment of trends or patterns in such threat finance 
activity, a summary of engagement with international partners 
on Russian threat finance, and an identification of any 
resource and collection gaps.

                  TITLE VI--REPORTS AND OTHER MATTERS


Section 601--Period of overseas assignments for certain foreign service 
        officers

    Section 601 optimizes various aspects of the assignment 
system for foreign service officers within the Department of 
State.

Section 602--Semi-annual reports on investigations of unauthorized 
        public disclosures of classified information

    Section 602 directs IC elements to submit a semi-annual 
report on the number of investigations opened and completed by 
each agency regarding an unauthorized public disclosure of 
classified information to the media, and the number of 
completed investigations referred to the Attorney General.

Section 603--Intelligence community reports on security clearances

    Section 603 amends the National Security Act to require 
improved reporting on IC security clearance processing.

Section 604--Report on expansion of security protective services 
        jurisdiction

    Section 604 directs CIA to submit a report on the 
feasibility, justification, cost, and benefits of expanding 
CIA's protective services jurisdiction beyond the current limit 
of 500 feet from CIA's Headquarters Compound.

Section 605--Report on the role of Director of National Intelligence 
        with respect to certain foreign investments

    Section 605 directs the DNI to submit a report on ODNI's 
role in preparing analytic materials in connection with the 
U.S. Government's evaluation of national security risks 
associated with potential foreign investments.

Section 606--Report on cyber exchange program

    Section 606 directs the DNI to submit a report on the 
potential establishment of a voluntary cyber exchange program 
between the IC and private technology companies.

Section 607--Report on Intelligence Community participation in 
        vulnerabilities equities process

    Section 607 directs the Inspector General of the IC to 
conduct a review of the process by which the IC and executive 
branch agencies determine whether, when, how, and to whom 
information about a vulnerability that is not publicly known 
will be shared with a non-federal entity or the public.

Section 608--Review of Intelligence Community Whistleblower Matters

    Section 608 directs the IC IG, in consultations with the 
IGs of other IC agencies, to conduct a review of practices and 
procedures relating to IC whistleblower matters.

Section 609--Sense of Congress on Notification of Certain Disclosures 
        of Classified Information

    Section 609 expresses the sense of Congress that, pursuant 
to the requirement for the IC to keep the congressional 
intelligence committees ``fully and currently informed'' in 
Section 502 of the National Security Act, IC agencies must 
submit prompt written notification after becoming aware that an 
individual in the executive branch has disclosed certain 
classified information outside established intelligence 
channels to adversary foreign governments--North Korea, Iran, 
China, Russia, or Cuba.

                 Oversight Findings and Recommendations

    With respect to clause 3(c)(1) of rule XIII of the Rules of 
the House of Representatives, the Committee held multiple 
hearings on the classified budgetary issues raised by H.R. 
3180. The bill, as reported by the Committee, reflects 
conclusions reached by the Committee in light of this oversight 
activity.

                General Performance Goals and Objectives

    The goals and objectives of H.R. 3180 are to authorize the 
intelligence and intelligence-related activities of the United 
States Government for Fiscal Year 2018. These activities 
enhance the national security of the United States, support and 
assist the armed forces of the United States, and support the 
President in the execution of the foreign policy of the United 
States.
    The classified annex that accompanies this report reflects 
in great detail the Committee's specific performance goals and 
objectives at the programmatic level with respect to classified 
programs.

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement of 
whether the provisions of the reported bill include unfunded 
mandates. In compliance with this requirement, the Committee 
has received a letter from the Congressional Budget Office 
included herein.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 18, 2017.
Hon. Devin Nunes,
Chairman, Permanent Select Committee on Intelligence,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3180, the 
Intelligence Authorization Act for Fiscal Year 2018.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is William Ma.
            Sincerely,
                                            Mark P. Hadley,
                                                  (For Keith Hall).
    Enclosure.

H.R. 3180--Intelligence Authorization Act for Fiscal Year 2018

    Summary: H.R. 3180 would authorize appropriations for 
fiscal year 2018 for intelligence activities of the U.S. 
government, the Intelligence Community Management Account 
(ICMA), and the Central Intelligence Agency Retirement and 
Disability System (CIARDS). The bill also would modify other 
programs across the intelligence community.
    CBO does not provide estimates for classified programs; 
therefore, this estimate addresses only the unclassified 
aspects of the bill. On that limited basis, CBO estimates that 
implementing the unclassified provisions of the bill would cost 
$520 million over the 2018-2022 period, subject to 
appropriation of the specified amounts.
    In addition, enacting the bill also would affect direct 
spending by making changes to CIARDS that would enhance the 
benefits offered to certain annuitants; therefore, pay-as-you 
procedures apply. However, CBO estimates that those effects 
would be less than $500,000 over the 2018-2027 period.
    CBO estimates that enacting H.R. 3180 would not 
significantly increase net direct spending or on-budget 
deficits in any of the four consecutive 10-year periods 
beginning in 2028.
    H.R. 3180 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would not affect the budgets of state, local, or tribal 
governments.
    Estimated cost to the federal government: The estimated 
budgetary effect of H.R. 3180 is shown in the following table. 
The costs of this legislation fall within budget function 050 
(national defense).

----------------------------------------------------------------------------------------------------------------
                                                             By fiscal year, in millions of dollars--
                                                ----------------------------------------------------------------
                                                   2017     2018     2019     2020     2021     2022   2017-2022
----------------------------------------------------------------------------------------------------------------
                                 INCREASES IN SPENDING SUBJECT TO APPROPRIATION
 
Intelligence Community Management Account:
    Authorization Level........................        0      527        0        0        0        0       527
    Estimated Outlays..........................        0      343      148       18        8        3       520
----------------------------------------------------------------------------------------------------------------
Note: In addition to the budgetary effects shown above, enacting H.R. 3180 would increase direct spending by
  less than $500,000 over the 2018-2027 period.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
3180 will be enacted by the end of 2017, that the specified 
amounts will be appropriated, and that outlays will follow 
historical spending patterns for existing or similar programs.

Spending subject to appropriation

    H.R. 3180 would authorize appropriations for the ICMA for 
fiscal year 2018 and would make other changes.
    Intelligence Community Management Account. Section 104 
would authorize the appropriation of $527 million for fiscal 
year 2018 for the ICMA. That amount is about 2 percent higher 
than the $516 million appropriated for that account for fiscal 
year 2017. The ICMA is the principal source of funding for the 
Office of the Director of National Intelligence and for 
managing the intelligence agencies. CBO estimates that 
implementing section 104 would cost $520 million over the 2018-
2022 period.
    Defense Intelligence Agency Responsibilities. Section 412 
would require certain functions currently performed by the 
Defense Intelligence Agency (DIA) to be transferred to the 
Director of National Intelligence or other elements within the 
Department of Defense. The bill also would eliminate other 
responsibilities of the DIA. On the basis of information about 
the number of personnel currently performing the activities 
that would be affected by this section, CBO estimates that once 
those activities are transferred, only a small number of them 
would need to move from their current work location to another 
location within the National Capital Region. Any costs incurred 
from those moves, however, would be offset by the savings from 
the day-to-day operating budgets of theeliminated functions. On 
net, CBO estimates that implementing this section would have a 
negligible effect on spending subject to appropriation over the 2018-
2022 period.

Direct spending

    H.R. 3180 would make changes to CIARDS that would enhance 
the benefits offered to certain annuitants and authorize 
appropriations for 2018.
    CIARDS Benefits Adjustments. Section 202 would make a 
number of changes to CIARDS to align the benefits offered to 
employees, retirees, or survivors under CIARDS with the 
benefits currently offered to employees, retirees, or survivors 
under the Civil Service Retirement System. For example, the 
bill would alter the way retirement benefits are calculated for 
employees who worked for the CIA before April, 7, 1986, and, at 
some point during their career, worked on a part-time basis. 
The bill also would allow married employees retiring under 
CIARDS after enactment to provide a survivor annuity to someone 
with an insurable interest. (An insurable interest exists when 
an individual derives financial benefit from the retiring 
employee continuing to be alive.) On the basis of information 
from the CIA, CBO estimates that only a small number of 
individuals would benefit from the changes in section 202 and 
that the net increase in direct spending from enacting the 
section would be less than $500,000 over the 2018-2027 period.
    CIARDS Fund Payment. Section 201 would authorize the 
appropriation of $514 million for CIARDS for fiscal year 2018 
to maintain the proper funding level for operating that 
retirement and disability system. Appropriations to CIARDS are 
treated as direct spending in the budget and are projected to 
continue in CBO's baseline. Therefore, CBO does not ascribe any 
additional cost to enacting this provision.
    Increase in long-term direct spending and deficits: CBO 
estimates that enacting H.R. 3180 would not significantly 
increase net direct spending or on-budget deficits in any of 
the four consecutive 10-year periods beginning in 2028.
    Intergovernmental and private-sector impact: H.R. 3180 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would not affect the budgets of state, 
local, or tribal governments.
    Estimate prepared by: Federal costs: William Ma; Impact on 
state, local, and tribal governments: Jon Sperl; Impact on the 
private sector: Paige Piper-Bach.
    Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                  Statement on Congressional Earmarks

    Pursuant to clause 9 of rule XXI of the Rules of the House 
of Representatives, the Committee states that the bill as 
reported contains no congressional earmarks, limited tax 
benefits, or limited tariff benefits.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

               CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT




           *       *       *       *       *       *       *
  TITLE II--THE CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY 
SYSTEM

           *       *       *       *       *       *       *


                    Part C--Computation of Annuities

SEC. 221. COMPUTATION OF ANNUITIES.

  (a) Annuity of Participant.--
          (1) Computation of annuity.--The annuity of a 
        participant is the product of--
                  (A) the participant's high-3 average pay (as 
                defined in paragraph (4)); and
                  (B) the number of years, not exceeding 35, of 
                service credit (determined in accordance with 
                sections 251 and 252) multiplied by 2 percent.
          (2) Credit for unused sick leave.--The total service 
        of a participant who retires on an immediate annuity 
        (except under section 231) or who dies leaving a 
        survivor or survivors entitled to an annuity shall 
        include (without regard to the 35-year limitation 
        prescribed in paragraph (1)) the days of unused sick 
        leave to the credit of the participant. Days of unused 
        sick leave may not be counted in determining average 
        basic pay or eligibility for an annuity under this 
        title. A deposit shall not be required for days of 
        unused sick leave credited under this paragraph.
          (3) Crediting of part-time service.--
                  (A) In general.--In the case of a participant 
                whose service includes service on a part-time 
                basis performed after April 6, 1986, the 
                participant's annuity shall be the sum of the 
                amounts determined under subparagraphs (B) and 
                (C).
                  (B) Computation of pre-april 7, 1986, 
                annuity.--The portion of an annuity referred to 
                in subparagraph (A) with respect to service 
                before April 7, 1986, shall be the amount 
                computed under paragraph (1) using the 
                participant's length of service before that 
                date (increased by the unused sick leave to the 
                credit of the participant at the time of 
                retirement) and the participant's high-3 
                average pay[.], as determined by using the 
                annual rate of basic pay that would be payable 
                for full-time service in that position.
                  (C) Computation of post-april 6, 1986, 
                annuity.--The portion of an annuity referred to 
                in subparagraph (A) with respect to service 
                after April 6, 1986, shall be the product of--
                          (i) the amount computed under 
                        paragraph (1), using the participant's 
                        length of service after that date and 
                        the participant's high-3 average pay, 
                        as determined by using the annual rate 
                        of basic pay that would be payable for 
                        full-time service; and
                          (ii) the ratio which the 
                        participant's actual service after 
                        April 6, 1986 (as determined by 
                        prorating the participant's total 
                        service after that date to reflect the 
                        service that was performed on a part-
                        time basis) bears to the total service 
                        after that date that would be 
                        creditable for the participant if all 
                        the service had been performed on a 
                        full-time basis.
                  (D) Treatment of employment on temporary or 
                intermittent basis.--Employment on a temporary 
                or intermittent basis shall not be considered 
                to be service on a part-time basis for purposes 
                of this paragraph.
          (4) High-3 average pay defined.--For purposes of this 
        subsection, a participant's high-3 average pay is the 
        amount of the participant's average basic pay for the 
        highest 3 consecutive years of the participant's 
        service for which full contributions have been made to 
        the fund.
          (5) Computation of service.--In determining the 
        aggregate period of service upon which an annuity is to 
        be based, any fractional part of a month shall not be 
        counted.
  (b) Spouse or Former Spouse Survivor Annuity.--
          (1) Reduction in participant's annuity to provide 
        spouse or former spouse survivor annuity.--
                  (A) General rule.--Except to the extent 
                provided otherwise under a written election 
                under subparagraph (B) or (C), if at the time 
                of retirement a participant or former 
                participant is married (or has a former spouse 
                who has not remarried before attaining age 55), 
                the participant shall receive a reduced annuity 
                and provide a survivor annuity for the 
                participant's spouse under this subsection or 
                former spouse under section 222(b), or a 
                combination of such annuities, as the case may 
                be.
                  (B) Joint election for waiver or reduction of 
                spouse survivor annuity.--A married participant 
                or former participant and the participant's 
                spouse may jointly elect in writing at the time 
                of retirement to waive a survivor annuity for 
                that spouse under this section or to reduce 
                such survivor annuity under this section by 
                designating a portion of the annuity of the 
                participant as the base for the survivor 
                annuity. If the marriage is dissolved following 
                an election for such a reduced annuity and the 
                spouse qualifies as a former spouse, the base 
                used in calculating any annuity of the former 
                spouse under section 222(b) may not exceed the 
                portion of the participant's annuity designated 
                under this subparagraph.
                  (C) Joint election of participant and former 
                spouse.--If a participant or former participant 
                has a former spouse, such participant and the 
                participant's former spouse may jointly elect 
                by spousal agreement under section 264(b) to 
                waive, reduce, or increase a survivor annuity 
                under section 222(b) for that former spouse. 
                Any such election must be made (i) before the 
                end of the [12-month] 2-year period beginning 
                on the date on which the divorce or annulment 
                involving that former spouse becomes final, or 
                (ii) at the time of retirement of the 
                participant, whichever is later.
                  (D) Unilateral elections in absence of spouse 
                or former spouse.--The Director may prescribe 
                regulations under which a participant or former 
                participant may make an election under 
                subparagraph (B) or (C) without the 
                participant's spouse or former spouse if the 
                participant establishes to the satisfaction of 
                the Director that the participant does not 
                know, and has taken all reasonable steps to 
                determine, the whereabouts of the spouse or 
                former spouse.
          (2) Amount of reduction in participant's annuity.--
        The annuity of a participant or former participant 
        providing a survivor annuity under this section (or 
        section 222(b)), excluding any portion of the annuity 
        not designated or committed as a base for any survivor 
        annuity, shall be reduced by 2\1/2\ percent of the 
        first $3,600 plus 10 percent of any amount over $3,600. 
        The reduction under this paragraph shall be calculated 
        before any reduction under section 222(a)(5).
          (3) Amount of surviving spouse annuity.--
                  (A) In general.--If a retired participant 
                receiving a reduced annuity under this 
                subsection dies and is survived by a spouse, a 
                survivor annuity shall be paid to the surviving 
                spouse. The amount of the annuity shall be 
                equal to 55 percent of (i) the full amount of 
                the participant's annuity computed under 
                subsection (a), or (ii) any lesser amount 
                elected as the base for the survivor annuity 
                under paragraph (1)(B).
                  (B) Limitation.--Notwithstanding subparagraph 
                (A), the amount of the annuity calculated under 
                subparagraph (A) for a surviving spouse in any 
                case in which there is also a surviving former 
                spouse of the retired participant who qualifies 
                for an annuity under section 222(b) may not 
                exceed 55 percent of the portion (if any) of 
                the base for survivor annuities which remains 
                available under section 222(b)(4)(B).
                  (C) Effective date and termination of 
                annuity.--An annuity payable from the fund to a 
                surviving spouse under this paragraph shall 
                commence on the day after the retired 
                participant dies and shall terminate on the 
                last day of the month before the surviving 
                spouse's death or remarriage before attaining 
                age 55. If such survivor annuity is terminated 
                because of remarriage, it shall be restored at 
                the same rate commencing on the date such 
                remarriage is dissolved by death, annulment, or 
                divorce if any lump sum paid upon termination 
                of the annuity is returned to the fund.
  (c)  18-Month Open Period After Retirement To Provide Spouse 
Coverage.--
          (1) Survivor annuity elections.--
                  (A) Election when spouse coverage waived at 
                time of retirement.--A participant or former 
                participant who retires after March 31, 1992 
                and who--
                          (i) is married at the time of 
                        retirement; and
                          (ii) elects at that time (in 
                        accordance with subsection (b)) to 
                        waive a survivor annuity for the 
                        spouse,
                may, during the 18-month period beginning on 
                the date of the retirement of the participant, 
                elect to have a reduction under subsection (b) 
                made in the annuity of the participant (or in 
                such portion thereof as the participant may 
                designate) in order to provide a survivor 
                annuity for the participant's spouse.
                  (B) Election when reduced spouse annuity 
                elected.--A participant or former participant 
                who retires after March 31, 1992, and--
                          (i) who, at the time of retirement, 
                        is married, and
                          (ii) who, at that time designates (in 
                        accordance with subsection (b)) that a 
                        portion of the annuity of such 
                        participant is to be used as the base 
                        for a survivor annuity,
                may, during the 18-month period beginning on 
                the date of the retirement of such participant, 
                elect to have a greater portion of the annuity 
                of such participant so used.
          (2) Deposit required.--
                  (A) Requirement.--An election under paragraph 
                (1) shall not be effective unless the amount 
                specified in subparagraph (B) is deposited into 
                the fund before the end of that 18-month 
                period.
                  (B) Amount of deposit.--The amount to be 
                deposited with respect to an election under 
                this subsection is the amount equal to the sum 
                of the following:
                          (i) Additional cost to system.--The 
                        additional cost to the system that is 
                        associated with providing a survivor 
                        annuity under subsection (b) and that 
                        results from such election, taking into 
                        account--
                                  (I) the difference (for the 
                                period between the date on 
                                which the annuity of the 
                                participant or former 
                                participant commences and the 
                                date of the election) between 
                                the amount paid to such 
                                participant or former 
                                participant under this title 
                                and the amount which would have 
                                been paid if such election had 
                                been made at the time the 
                                participant or former 
                                participant applied for the 
                                annuity; and
                                  (II) the costs associated 
                                with providing for the later 
                                election.
                          (ii) Interest.--Interest on the 
                        additional cost determined under clause 
                        (i), computed using the interest rate 
                        specified or determined under section 
                        8334(e) of title 5, United States Code, 
                        for the calendar year in which the 
                        amount to be deposited is determined.
          (3) Voiding of previous elections.--An election by a 
        participant or former participant under this subsection 
        voids prospectively any election previously made in the 
        case of such participant under subsection (b).
          (4) Reductions in annuity.--An annuity that is 
        reduced in connection with an election under this 
        subsection shall be reduced by the same percentage 
        reductions as were in effect at the time of the 
        retirement of the participant or former participant 
        whose annuity is so reduced.
          (5) Rights and obligations resulting from reduced 
        annuity election.--Rights and obligations resulting 
        from the election of a reduced annuity under this 
        subsection shall be the same as the rights and 
        obligations that would have resulted had the 
        participant involved elected such annuity at the time 
        of retirement.
  (d) Annuities for Surviving Children.--
          (1) Participants dying before april 1, 1992.--In the 
        case of a retired participant who died before April 1, 
        1992, and who is survived by a child or children--
                  (A) if the retired participant was survived 
                by a spouse, there shall be paid from the fund 
                to or on behalf of each such surviving child an 
                annuity determined under paragraph (3)(A); and
                  (B) if the retired participant was not 
                survived by a spouse, there shall be paid from 
                the fund to or on behalf of each such surviving 
                child an annuity determined under paragraph 
                (3)(B).
          (2) Participants dying on or after april 1, 1992.--In 
        the case of a retired participant who dies on or after 
        April 1, 1992, and who is survived by a child or 
        children--
                  (A) if the retired participant is survived by 
                a spouse or former spouse who is the natural or 
                adoptive parent of a surviving child of the 
                participant, there shall be paid from the fund 
                to or on behalf of each such surviving child an 
                annuity determined under paragraph (3)(A); and
                  (B) if the retired participant is not 
                survived by a spouse or former spouse who is 
                the natural or adoptive parent of a surviving 
                child of the participant, there shall be paid 
                to or on behalf of each such surviving child an 
                annuity determined under paragraph (3)(B).
          (3) Amount of annuity.--
                  (A) The annual amount of an annuity for the 
                surviving child of a participant covered by 
                paragraph (1)(A) or (2)(A) of this subsection 
                (or covered by paragraph (1)(A) or (2)(A) of 
                section 232(c)) is the smallest of the 
                following:
                          (i) 60 percent of the participant's 
                        high-3 average pay, as determined under 
                        subsection (a)(4), divided by the 
                        number of children.
                          (ii) $900, as adjusted under section 
                        291.
                          (iii) $2,700, as adjusted under 
                        section 291, divided by the number of 
                        children.
                  (B) The amount of an annuity for the 
                surviving child of a participant covered by 
                paragraph (1)(B) or (2)(B) of this subsection 
                (or covered by paragraph (1)(B) or (2)(B) of 
                section 232(c)) is the smallest of the 
                following:
                          (i) 75 percent of the participant's 
                        high-3 average pay, as determined under 
                        subsection (a)(4), divided by the 
                        number of children.
                          (ii) $1,080, as adjusted under 
                        section 291.
                          (iii) $3,240, as adjusted under 
                        section 291, divided by the number of 
                        children.
          (4) Recomputation of child annuities.--
                  (A) In the case of a child annuity payable 
                under paragraph (1), upon the death of a 
                surviving spouse or the termination of the 
                annuity of a child, the annuities of any 
                remaining children shall be recomputed and paid 
                as though the spouse or child had not survived 
                the retired participant.
                  (B) In the case of a child annuity payable 
                under paragraph (2), upon the death of a 
                surviving spouse or former spouse or 
                termination of the annuity of a child, the 
                annuities of any remaining children shall be 
                recomputed and paid as though the spouse, 
                former spouse, or child had not survived the 
                retired participant. If the annuity of a 
                surviving child who has not been receiving an 
                annuity is initiated or resumed, the annuities 
                of any other children shall be recomputed and 
                paid from that date as though the annuities of 
                all currently eligible children were then being 
                initiated.
          (5) Definition of former spouse.--For purposes of 
        this subsection, the term ``former spouse'' includes 
        any former wife or husband of the retired participant, 
        regardless of the length of marriage or the amount of 
        creditable service completed by the participant.
  (e) Commencement and Termination of Child Annuities.--
          (1) Commencement.--An annuity payable to a child 
        under subsection (d), or under section 232(c), shall 
        begin on the day after the date on which the 
        participant or retired participant dies or, in the case 
        of an individual over the age of 18 who is not a child 
        within the meaning of section 102(b), shall begin or 
        resume on the first day of the month in which the 
        individual later becomes or again becomes a student as 
        described in section 102(b). Such annuity may not 
        commence until any lump-sum that has been paid is 
        returned to the fund.
          (2) Termination.--Such an annuity shall terminate on 
        the last day of the month before the month in which the 
        recipient of the annuity dies or no longer qualifies as 
        a child (as defined in section 102(b)).
  (f) Participants Not Married at Time of Retirement.--
          (1) Designation of persons with insurable interest.--
                  (A) Authority to make designation.--Subject 
                to the rights of former spouses under sections 
                221(b) and 222, at the time of retirement an 
                unmarried participant found by the Director to 
                be in good health may elect to receive an 
                annuity reduced in accordance with subparagraph 
                (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. The amount of such an 
                annuity shall be equal to 55 percent of the 
                participant's reduced annuity.
                  (B) 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.
                  (C) 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.
                  (D) Recomputation of participant's annuity on 
                death of designated individual.--An annuity 
                which is reduced under this paragraph 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) Election of survivor annuity upon subsequent 
        marriage.--A participant who is unmarried at the time 
        of retirement and who later marries may irrevocably 
        elect, in a signed writing received by the Director 
        within [one year] two years after the marriage, to 
        receive a reduced annuity as provided in section 
        221(b). Such election and reduction shall be effective 
        on the first day of the month beginning 9 months after 
        the date of marriage. The election voids prospectively 
        any election previously made under paragraph (1).
  (g) Effect of Divorce After Retirement.--
          (1) Recomputation of retired participant's annuity 
        upon divorce.--An annuity which is reduced under this 
        section (or any similar prior provision of law) to 
        provide a survivor annuity for a spouse shall, if the 
        marriage of the retired participant to such spouse is 
        dissolved, be recomputed and paid for each full month 
        during which a retired participant is not married (or 
        is remarried, if there is no election in effect under 
        paragraph (2)) as if the annuity had not been so 
        reduced, subject to any reduction required to provide a 
        survivor annuity under subsection (b) or (c) of section 
        222 or under section 226.
          (2) Election of survivor annuity upon subsequent 
        remarriage.--
                  (A) In general.--Upon remarriage, the retired 
                participant may irrevocably elect, by means of 
                a signed writing received by the Director 
                within [one year] two years after such 
                remarriage, to receive a reduced annuity for 
                the purpose of providing an annuity for the new 
                spouse of the retired participant in the event 
                such spouse survives the retired participant. 
                Such reduction shall be equal to the reduction 
                in effect immediately before the dissolution of 
                the previous marriage (unless such reduction is 
                adjusted under section 222(b)(5) or elected 
                under subparagraph (B)).
                  (B) When annuity previously not (or not 
                fully) reduced.--
                          (i) Election.--If the retired 
                        participant's annuity was not reduced 
                        (or was not fully reduced) to provide a 
                        survivor annuity for the participant's 
                        spouse or former spouse as of the time 
                        of retirement, the retired participant 
                        may make an election under the first 
                        sentence of subparagraph (A) upon 
                        remarriage to a spouse other than the 
                        spouse at the time of retirement. For 
                        any remarriage that occurred before 
                        August 14, 1991, the retired 
                        participant may make such an election 
                        within 2 years after such date.
                          (ii) Deposit required.--
                                  (I) The retired participant 
                                shall, within [one year] two 
                                years after the date of the 
                                remarriage (or by August 14, 
                                1993 for any remarriage that 
                                occurred before August 14, 
                                1991), deposit in the fund an 
                                amount determined by the 
                                Director, as nearly as may be 
                                administratively feasible, to 
                                reflect the amount by which the 
                                retired participant's annuity 
                                would have been reduced if the 
                                election had been in effect 
                                since the date the annuity 
                                commenced, plus interest.
                                  (II) The annual rate of 
                                interest for each year during 
                                which the retired participant's 
                                annuity would have been reduced 
                                if the election had been in 
                                effect since the date the 
                                annuity commenced shall be 6 
                                percent.
                                  (III) If the retired 
                                participant does not make the 
                                deposit, the Director shall 
                                collect such amount by offset 
                                against the participant's 
                                annuity, up to a maximum of 25 
                                percent of the net annuity 
                                otherwise payable to the 
                                retired participant, and the 
                                retired participant is deemed 
                                to consent to such offset.
                                  (IV) The deposit required by 
                                this subparagraph may be made 
                                by the surviving spouse of the 
                                retired participant.
                  (C) Effects of election.--An election under 
                this paragraph and the reduction in the 
                participant's annuity shall be effective on the 
                first day of the month beginning 9 months after 
                the date of remarriage. A survivor annuity 
                elected under this paragraph shall be treated 
                in all respects as a survivor annuity under 
                subsection (b).
  (h) Conditional Election of Insurable Interest Survivor 
Annuity by Participants Married at the Time of Retirement.--
          (1)  Authority to make designation.--Subject to the 
        rights of former spouses under subsection (b) and 
        section 222, at the time of retirement a married 
        participant found by the Director to be in good health 
        may elect to receive an annuity reduced in accordance 
        with subsection (f)(1)(B) and designate in writing an 
        individual having an insurable interest in the 
        participant to receive an annuity under the system 
        after the participant's death, except that any such 
        election to provide an insurable interest survivor 
        annuity to the participant's spouse shall only be 
        effective if the participant's spouse waives the 
        spousal right to a survivor annuity under this Act. The 
        amount of the annuity shall be equal to 55 percent of 
        the participant's reduced annuity.
          (2) Reduction in participant's annuity.--The annuity 
        payable to the participant making such election shall 
        be reduced by 10 percent of an annuity computed under 
        subsection (a) and by an additional 5 percent for each 
        full 5 years the designated individual is younger than 
        the participant. The total reduction under this 
        subparagraph may not exceed 40 percent.
          (3) Commencement of survivor annuity.--The annuity 
        payable to the designated individual shall begin on the 
        day after the retired participant dies and terminate on 
        the last day of the month before the designated 
        individual dies.
          (4) Recomputation of participant's annuity on death 
        of designated individual.--An annuity which is reduced 
        under this subsection shall, effective the first day of 
        the month following the death of the designated 
        individual, be recomputed and paid as if the annuity 
        had not been so reduced.
  [(h)] (i) Coordination of Annuities.--
          (1) Surviving spouse.--A surviving spouse whose 
        survivor annuity was terminated because of remarriage 
        before attaining age 55 shall not be entitled under 
        subsection (b)(3)(C) to the restoration of that 
        survivor annuity payable from the fund unless the 
        surviving spouse elects to receive it instead of any 
        other survivor annuity to which the surviving spouse 
        may be entitled under the system or any other 
        retirement system for Government employees by reason of 
        the remarriage.
          (2) Former spouse.--A surviving former spouse of a 
        participant or retired participant shall not become 
        entitled under section 222(b) or 224 to a survivor 
        annuity or to the restoration of a survivor annuity 
        payable from the fund unless the surviving former 
        spouse elects to receive it instead of any other 
        survivor annuity to which the surviving former spouse 
        may be entitled under this or any other retirement 
        system for Government employees on the basis of a 
        marriage to someone other than the participant.
          (3) Surviving spouse of post-retirement marriage.--A 
        surviving spouse who married a participant after the 
        participant's retirement shall be entitled to a 
        survivor annuity payable from the fund only upon 
        electing that annuity instead of any other survivor 
        annuity to which the surviving spouse may be entitled 
        under this or any other retirement system for 
        Government employees on the basis of a marriage to 
        someone other than the retired participant.
  [(i)] (j) Supplemental Survivor Annuities.--
          (1) Spouse of recalled annuitant.--A married recalled 
        annuitant who reverts to retired status with 
        entitlement to a supplemental annuity under section 
        271(b) shall, unless the annuitant and the annuitant's 
        spouse jointly elect in writing to the contrary at the 
        time of reversion to retired status, have the 
        supplemental annuity reduced by 10 percent to provide a 
        supplemental survivor annuity for the annuitant's 
        spouse. Such supplemental survivor annuity shall be 
        equal to 55 percent of the supplemental annuity of the 
        annuitant.
          (2) Regulations.--The Director shall prescribe 
        regulations to provide for the application of paragraph 
        (1) of this subsection and of subsection (b) of section 
        271 in any case in which an annuitant has a former 
        spouse who was married to the recalled annuitant at any 
        time during the period of recall service and who 
        qualifies for an annuity under section 222(b).
  [(j)] (k) Offset of Annuities by Amount of Social Security 
Benefit.--Notwithstanding any other provision of this title, an 
annuity (including a disability annuity) payable under this 
title to an individual described in sections 211(d)(1) and 
301(c)(1) and any survivor annuity payable under this title on 
the basis of the service of such individual shall be reduced in 
a manner consistent with section 8349 of title 5, United States 
Code, under conditions consistent with the conditions 
prescribed in that section.
  [(k)] (l) Information From Other Agencies.--
          (1) Other agencies.--For the purpose of ensuring the 
        accuracy of the information used in the determination 
        of eligibility for and the computation of annuities 
        payable from the fund under this title, at the request 
        of the Director--
                  (A) the Secretary of Defense shall provide 
                information on retired or retainer pay paid 
                under title 10, United States Code;
                  (B) the Secretary of Veterans Affairs shall 
                provide information on pensions or compensation 
                paid under title 38, United States Code;
                  (C) the Secretary of Health and Human 
                Services shall provide information contained in 
                the records of the Social Security 
                Administration; and
                  (D) the Secretary of Labor shall provide 
                information on benefits paid under subchapter I 
                of chapter 81 of title 5, United States Code.
          (2) Limitation on information requested.--The 
        Director shall request only such information as the 
        Director determines is necessary.
          (3) Limitation on uses of information.--The Director, 
        in consultation with the officials from whom 
        information is requested, shall ensure that information 
        made available under this subsection is used only for 
        the purposes authorized.
  [(l)] (m) Information on Rights Under the System.--The 
Director shall, on an annual basis--
          (1) inform each retired participant of the 
        participant's right of election under subsections (c), 
        (f)(2), and (g); and
          (2) to the maximum extent practicable, inform spouses 
        and former spouses of participants, former 
        participants, and retired participants of their rights 
        under this Act.

SEC. 222. ANNUITIES FOR FORMER SPOUSES.

  (a) Former Spouse Share of Participant's Annuity.--
          (1) Pro rata share.--Unless otherwise expressly 
        provided by a spousal agreement or court order under 
        section 264(b), a former spouse of a participant, 
        former participant, or retired participant is entitled 
        to an annuity--
                  (A) if married to the participant, former 
                participant, or retired participant throughout 
                the creditable service of the participant, 
                equal to 50 percent of the annuity of the 
                participant; or
                  (B) if not married to the participant 
                throughout such creditable service, equal to 
                that proportion of 50 percent of such annuity 
                that is the proportion that the number of days 
                of the marriage of the former spouse to the 
                participant during periods of creditable 
                service of such participant under this title 
                bears to the total number of days of such 
                creditable service.
          (2) Disqualification upon remarriage before age 55.--
        A former spouse is not qualified for an annuity under 
        this subsection if before the commencement of that 
        annuity the former spouse remarries before becoming 55 
        years of age.
          (3) Commencement of annuity.--The annuity of a former 
        spouse under this subsection commences on the day the 
        participant upon whose service the annuity is based 
        becomes entitled to an annuity under this title or on 
        the first day of the month after the divorce or 
        annulment involved becomes final, whichever is later.
          (4) Termination of annuity.--The annuity of such 
        former spouse and the right thereto terminate on--
                  (A) the last day of the month before the 
                month in which the former spouse dies or 
                remarries before 55 years of age; or
                  (B) the date on which the annuity of the 
                participant terminates (except in the case of 
                an annuity subject to paragraph (5)(B)).
          (5) Treatment of participant's annuity.--
                  (A) Reduction in participant's annuity.--The 
                annuity payable to any participant shall be 
                reduced by the amount of an annuity under this 
                subsection paid to any former spouse based upon 
                the service of that participant. Such reduction 
                shall be disregarded in calculating--
                          (i) the survivor annuity for any 
                        spouse, former spouse, or other 
                        survivor under this title; and
                          (ii) any reduction in the annuity of 
                        the participant to provide survivor 
                        benefits under subsection (b) or under 
                        section 221(b).
                  (B) Treatment when annuitant returns to 
                service.--If an annuitant whose annuity is 
                reduced under subparagraph (A) is recalled to 
                service under section 271, or reinstated or 
                reappointed, in the case of a recovered 
                disability annuitant, or if any annuitant is 
                reemployed as provided for under sections 272 
                and 273, the pay of that annuitant shall be 
                reduced by the same amount as the annuity would 
                have been reduced if it had continued. Amounts 
                equal to the reductions under this subparagraph 
                shall be deposited in the Treasury of the 
                United States to the credit of the fund.
          (6) Disability annuitant.--Notwithstanding paragraph 
        (3), in the case of a former spouse of a disability 
        annuitant--
                  (A) the annuity of that former spouse shall 
                commence on the date on which the participant 
                would qualify on the basis of the participant's 
                creditable service for an annuity under this 
                title (other than a disability annuity) or the 
                date on which the disability annuity begins, 
                whichever is later, and
                  (B) the amount of the annuity of the former 
                spouse shall be calculated on the basis of the 
                annuity for which the participant would 
                otherwise so qualify.
          (7) Election of benefits.--A former spouse of a 
        participant, former participant, or retired participant 
        shall not become entitled under this subsection to an 
        annuity payable from the fund unless the former spouse 
        elects to receive it instead of any survivor annuity to 
        which the former spouse may be entitled under this or 
        any other retirement system for Government employees on 
        the basis of a marriage to someone other than the 
        participant.
          (8) Limitation in case of multiple former spouse 
        annuities.--No spousal agreement or court order under 
        section 264(b) involving a participant may provide for 
        an annuity or a combination of annuities under this 
        subsection that exceeds the annuity of the participant.
  (b) Former Spouse Survivor Annuity.--
          (1) Pro rata share.--Subject to any election under 
        section 221(b)(1)(B) and (C) and unless otherwise 
        expressly provided by a spousal agreement or court 
        order under section 264(b), if an annuitant is survived 
        by a former spouse, the former spouse shall be 
        entitled--
                  (A) if married to the annuitant throughout 
                the creditable service of the annuitant, to a 
                survivor annuity equal to 55 percent of the 
                unreduced amount of the annuitant's annuity, as 
                computed under section 221(a); and
                  (B) if not married to the annuitant 
                throughout such creditable service, to a 
                survivor annuity equal to that proportion of 55 
                percent of the unreduced amount of such annuity 
                that is the proportion that the number of days 
                of the marriage of the former spouse to the 
                participant during periods of creditable 
                service of such participant under this title 
                bears to the total number of days of such 
                creditable service.
          (2) Disqualification upon remarriage before age 55.--
        A former spouse shall not be qualified for an annuity 
        under this subsection if before the commencement of 
        that annuity the former spouse remarries before 
        becoming 55 years of age.
          (3) Commencement, termination, and restoration of 
        annuity.--An annuity payable from the fund under this 
        title to a surviving former spouse under this 
        subsection shall commence on the day after the 
        annuitant dies and shall terminate on the last day of 
        the month before the former spouse's death or 
        remarriage before attaining age 55. If such a survivor 
        annuity is terminated because of remarriage, it shall 
        be restored at the same rate commencing on the date 
        such remarriage is dissolved by death, annulment, or 
        divorce if any lump sum paid upon termination of the 
        annuity is returned to the fund.
          (4) Survivor annuity amount.--
                  (A) Maximum amount.--The maximum survivor 
                annuity or combination of survivor annuities 
                under this subsection (and section 221(b)(3)) 
                with respect to any participant may not exceed 
                55 percent of the full amount of the 
                participant's annuity, as calculated under 
                section 221(a).
                  (B) Limitation on other survivor annuities 
                based on service of same participant.--Once a 
                survivor annuity has been provided under this 
                subsection for any former spouse, a survivor 
                annuity for another individual may thereafter 
                be provided under this subsection (or section 
                221(b)(3)) with respect to the participant only 
                for that portion (if any) of the maximum 
                available which is not committed for survivor 
                benefits for any former spouse whose 
                prospective right to such annuity has not 
                terminated by reason of death or remarriage.
                  (C) Finality of court order upon death of 
                participant.--After the death of a participant 
                or retired participant, a court order under 
                section 264(b) may not adjust the amount of the 
                annuity of a former spouse of that participant 
                or retired participant under this section.
          (5) Effect of termination of former spouse 
        entitlement.--
                  (A) Recomputation of participant's annuity.--
                If a former spouse of a retired participant 
                dies or remarries before attaining age 55, the 
                annuity of the retired participant, if reduced 
                to provide a survivor annuity for that former 
                spouse, shall be recomputed and paid, effective 
                on the first day of the month beginning after 
                such death or remarriage, as if the annuity had 
                not been so reduced, unless an election is in 
                effect under subparagraph (B).
                  (B) Election of spouse annuity.--Subject to 
                paragraph (4)(B), the participant may elect in 
                writing within [one year] two years after 
                receipt of notice of the death or remarriage of 
                the former spouse to continue the reduction in 
                order to provide a higher survivor annuity 
                under section 221(b)(3) for any spouse of the 
                participant.
  (c) Optional Additional Survivor Annuities for Other Former 
Spouse or Surviving Spouse.--
          (1) In general.--In the case of any participant 
        providing a survivor annuity under subsection (b) for a 
        former spouse--
                  (A) such participant may elect, or
                  (B) a spousal agreement or court order under 
                section 264(b) may provide for,
        an additional survivor annuity under this subsection 
        for any other former spouse or spouse surviving the 
        participant, if the participant satisfactorily passes a 
        physical examination as prescribed by the Director.
          (2) Limitation.--Neither the total amount of survivor 
        annuity or annuities under this subsection with respect 
        to any participant, nor the survivor annuity or 
        annuities for any one surviving spouse or former spouse 
        of such participant under this section or section 221, 
        may exceed 55 percent of the unreduced amount of the 
        participant's annuity, as computed under section 
        221(a).
          (3) Contribution for additional annuities.--
                  (A) Provision of additional survivor 
                annuity.--In accordance with regulations which 
                the Director shall prescribe, the participant 
                involved may provide for any annuity under this 
                subsection--
                          (i) by a reduction in the annuity or 
                        an allotment from the basic pay of the 
                        participant;
                          (ii) by a lump-sum payment or 
                        installment payments to the fund; or
                          (iii) by any combination thereof.
                  (B) Actuarial equivalence to benefit.--The 
                present value of the total amount to accrue to 
                the fund under subparagraph (A) to provide any 
                annuity under this subsection shall be 
                actuarially equivalent in value to such 
                annuity, as calculated upon such tables of 
                mortality as may from time to time be 
                prescribed for this purpose by the Director.
                  (C) Effect of former spouse's death or 
                disqualification.--If a former spouse 
                predeceases the participant or remarries before 
                attaining age 55 (or, in the case of a spouse, 
                the spouse predeceases the participant or does 
                not qualify as a former spouse upon dissolution 
                of the marriage)--
                          (i) if an annuity reduction or pay 
                        allotment under subparagraph (A) is in 
                        effect for that spouse or former 
                        spouse, the annuity shall be recomputed 
                        and paid as if it had not been reduced 
                        or the pay allotment terminated, as the 
                        case may be; and
                          (ii) any amount accruing to the fund 
                        under subparagraph (A) shall be 
                        refunded, but only to the extent that 
                        such amount may have exceeded the 
                        actuarial cost of providing benefits 
                        under this subsection for the period 
                        such benefits were provided, as 
                        determined under regulations prescribed 
                        by the Director.
                  (D) Recomputation upon death or remarriage of 
                former spouse.--Under regulations prescribed by 
                the Director, an annuity shall be recomputed 
                (or a pay allotment terminated or adjusted), 
                and a refund provided (if appropriate), in a 
                manner comparable to that provided under 
                subparagraph (C), in order to reflect a 
                termination or reduction of future benefits 
                under this subsection for a spouse in the event 
                a former spouse of the participant dies or 
                remarries before attaining age 55 and an 
                increased annuity is provided for that spouse 
                in accordance with this section.
          (4) Commencement and termination of additional 
        survivor annuity.--An annuity payable under this 
        subsection to a spouse or former spouse shall commence 
        on the day after the participant dies and shall 
        terminate on the last day of the month before the 
        spouse's or the former spouse's death or remarriage 
        before attaining age 55.
          (5) Nonapplicability of cola provision.--Section 291 
        does not apply to an annuity under this subsection, 
        unless authorized under regulations prescribed by the 
        Director.

           *       *       *       *       *       *       *


Part D--Benefits Accruing to Certain Participants

           *       *       *       *       *       *       *


SEC. 232. DEATH IN SERVICE.

  (a) Return of Contributions When No Annuity Payable.--If a 
participant dies and no claim for an annuity is payable under 
this title, the participant's lump-sum credit and any voluntary 
contributions made under section 281, with interest, shall be 
paid in the order of precedence shown in section 241(c).
  (b) Survivor Annuity for Surviving Spouse or Former Spouse.--
          (1) In general.--If a participant dies before 
        separation or retirement from the Agency and is 
        survived by a spouse or by a former spouse qualifying 
        for a survivor annuity under section 222(b), such 
        surviving spouse shall be entitled to an annuity equal 
        to 55 percent of the annuity computed in accordance 
        with paragraphs (2) and (3) of this subsection and 
        section 221(a), and any such surviving former spouse 
        shall be entitled to an annuity computed in accordance 
        with section 222(b) and paragraph (2) of this 
        subsection as if the participant died after being 
        entitled to an annuity under this title. The annuity of 
        such surviving spouse or former spouse shall commence 
        on the day after the participant dies and shall 
        terminate on the last day of the month before the death 
        or remarriage before attaining age 55 of the surviving 
        spouse or former spouse (subject to the payment and 
        restoration provisions of sections 221(b)(3)(C), 
        [221(h),] 221(i), and 222(b)(3)).
          (2) Computation.--The annuity payable under paragraph 
        (1) shall be computed in accordance with section 
        221(a), except that the computation of the annuity of 
        the participant under such section shall be at least 
        the smaller of (A) 40 percent of the participant's 
        high-3 average pay, or (B) the sum obtained under such 
        section after increasing the participant's length of 
        service by the difference between the participant's age 
        at the time of death and age 60.
          (3) Limitation.--Notwithstanding paragraph (1), if 
        the participant had a former spouse qualifying for an 
        annuity under section 222(b), the annuity of a 
        surviving spouse under this section shall be subject to 
        the limitation of section 221(b)(3)(B), and the annuity 
        of a former spouse under this section shall be subject 
        to the limitation of section 222(b)(4)(B).
          (4) Precedence of section 224 survivor annuity over 
        death-in-service annuity.--If a former spouse who is 
        eligible for a death-in-service annuity under this 
        section is or becomes eligible for an annuity under 
        section 224, the annuity provided under this section 
        shall not be payable and shall be superseded by the 
        annuity under section 224.
  (c) Annuities for Surviving Children.--
          (1) Participants dying before april 1, 1992.--In the 
        case of a participant who before April 1, 1992, died 
        before separation or retirement from the Agency and who 
        was survived by a child or children--
                  (A) if the participant was survived by a 
                spouse, there shall be paid from the fund to or 
                on behalf of each such surviving child an 
                annuity determined under section 221(d)(3)(A); 
                and
                  (B) if the participant was not survived by a 
                spouse, there shall be paid from the fund to or 
                on behalf of each such surviving child an 
                annuity determined under section 221(d)(3)(B).
          (2) Participants dying on or after april 1, 1992.--In 
        the case of a participant who on or after April 1, 
        1992, dies before separation or retirement from the 
        Agency and who is survived by a child or children--
                  (A) if the participant is survived by a 
                spouse or former spouse who is the natural or 
                adoptive parent of a surviving child of the 
                participant, there shall be paid from the fund 
                to or on behalf of each such surviving child an 
                annuity determined under section 221(d)(3)(A); 
                and
                  (B) if the participant is not survived by a 
                spouse or former spouse who is the natural or 
                adoptive parent of a surviving child of the 
                participant, there shall be paid to or on 
                behalf of each such surviving child an annuity 
                determined under section 221(d)(3)(B).
          (3) Former spouse defined.--For purposes of this 
        subsection, the term ``former spouse'' includes any 
        former wife or husband of a participant, regardless of 
        the length of marriage or the amount of creditable 
        service completed by the participant.

           *       *       *       *       *       *       *


Part F--Period of Service for Annuities

           *       *       *       *       *       *       *


SEC. 252. PRIOR SERVICE CREDIT.

  (a) In General.--A participant may, subject to the provisions 
of this section, include in the participant's period of 
service--
          (1) civilian service in the Government before 
        becoming a participant that would be creditable toward 
        retirement under subchapter III of chapter 83 of title 
        5, United States Code (as determined under section 
        8332(b) of such title); and
          (2) honorable active service in the Armed Forces 
        before the date of the separation upon which 
        eligibility for an annuity is based, or honorable 
        active service in the Regular or Reserve Corps of the 
        Public Health Service after June 30, 1960, or as a 
        commissioned officer of the National Oceanic and 
        Atmospheric Administration after June 30, 1961.
  (b) Limitations.--
          (1) In general.--Except as provided in paragraphs (2) 
        and (3), the total service of any participant shall 
        exclude--
                  (A) any period of civilian service on or 
                after October 1, 1982, for which retirement 
                deductions or deposits have not been made,
                  (B) any period of service for which a refund 
                of contributions has been made, or
                  (C) any period of service for which 
                contributions were not transferred pursuant to 
                subsection (c)(1);
        unless the participant makes a deposit to the fund in 
        an amount equal to the percentages of basic pay 
        received for such service as specified in the table 
        contained in section 8334(c) of title 5, United States 
        Code, together with interest computed in accordance 
        with section 8334(e) of such title. The deposit may be 
        made in one or more installments (including by 
        allotment from pay), as determined by the Director.
          (2) Effect of retirement deductions not made.--If a 
        participant has not paid a deposit for civilian service 
        performed before October 1, 1982, for which retirement 
        deductions were not made, such participant's annuity 
        shall be reduced by 10 percent of the deposit described 
        in paragraph (1) remaining unpaid, unless the 
        participant elects to eliminate the service involved 
        for the purpose of the annuity computation.
          (3) Effect of refund of retirement contributions.--A 
        participant who received a refund of retirement 
        contributions under this or any other retirement system 
        for Government employees covering service for which the 
        participant may be allowed credit under this title may 
        deposit the amount received, with interest computed 
        under paragraph (1). Credit may not be allowed for the 
        service covered by the refund until the deposit is 
        made, except that a participant who--
                  (A) separated from Government service before 
                [October 1, 1990] March 31, 1991, and received 
                a refund of the participant's retirement 
                contributions covering a period of service 
                ending before [October 1, 1990] March 31, 1991;
                  (B) is entitled to an annuity under this 
                title (other than a disability annuity) which 
                commences after December 1, 1992; and
                  (C) does not make the deposit required to 
                receive credit for the service covered by the 
                refund;
        shall be entitled to an annuity actuarially reduced in 
        accordance with section 8334(d)(2)(B) of title 5, 
        United States Code.
          (4) Entitlement under another system.--Credit toward 
        retirement under the system shall not be allowed for 
        any period of civilian service on the basis of which 
        the participant is receiving (or will in the future be 
        entitled to receive) an annuity under another 
        retirement system for Government employees, unless the 
        right to such annuity is waived and a deposit is made 
        under paragraph (1) covering that period of service, or 
        a transfer is made pursuant to subsection (c).
  (c) Transfer From Other Government Retirement Systems.--
          (1) In general.--If an employee who is under another 
        retirement system for Government employees becomes a 
        participant in the system by direct transfer, the 
        Government's contributions (including interest accrued 
        thereon computed in accordance with section 8334(e) of 
        title 5, United States Code) under such retirement 
        system on behalf of the employee as well as such 
        employee's total contributions and deposits (including 
        interest accrued thereon), except voluntary 
        contributions, shall be transferred to the employee's 
        credit in the fund effective as of the date such 
        employee becomes a participant in the system.
          (2) Consent of employee.--Each such employee shall be 
        deemed to consent to the transfer of such funds, and 
        such transfer shall be a complete discharge and 
        acquittance of all claims and demands against the other 
        Government retirement fund on account of service 
        rendered before becoming a participant in the system.
          (3) Additional contributions; refunds.--A participant 
        whose contributions are transferred pursuant to 
        paragraph (1) shall not be required to make additional 
        contributions for periods of service for which full 
        contributions were made to the other Government 
        retirement fund, nor shall any refund be made to any 
        such participant on account of contributions made 
        during any period to the other Government retirement 
        fund at a higher rate than that fixed for employees by 
        section 8334(c) of title 5, United States Code, for 
        contributions to the fund.
  (d) Transfer to Other Government Retirement Systems.--
          (1) In general.--If a participant in the system 
        becomes an employee under another Government retirement 
        system by direct transfer to employment covered by such 
        system, the Government's contributions (including 
        interest accrued thereon computed in accordance with 
        section 8334(e) of title 5, United States Code) to the 
        fund on the participant's behalf as well as the 
        participant's total contributions and deposits 
        (including interest accrued thereon), except voluntary 
        contributions, shall be transferred to the 
        participant's credit in the fund of such other 
        retirement system effective as of the date on which the 
        participant becomes eligible to participate in such 
        other retirement system.
          (2) Consent of employee.--Each such employee shall be 
        deemed to consent to the transfer of such funds, and 
        such transfer shall be a complete discharge and 
        acquittance of all claims and demands against the fund 
        on account of service rendered before the participant's 
        becoming eligible for participation in that other 
        system.
  (e) Prior Military Service Credit.--
          (1) Application to obtain credit.--If a deposit 
        required to obtain credit for prior military service 
        described in subsection (a)(2) was not made to another 
        Government retirement fund and transferred under 
        subsection (c)(1), the participant may obtain credit 
        for such military service, subject to the provisions of 
        this subsection and subsections (f) through (h), by 
        applying for it to the Director before retirement or 
        separation from the Agency.
          (2) Employment starting before, on, or after october 
        1, 1982.--Except as provided in paragraph (3)--
                  (A) the service of a participant who first 
                became a Federal employee before October 1, 
                1982, shall include credit for each period of 
                military service performed before the date of 
                separation on which entitlement to an annuity 
                under this title is based, subject to section 
                252(f); and
                  (B) the service of a participant who first 
                becomes a Federal employee on or after October 
                1, 1982, shall include credit for--
                          (i) each period of military service 
                        performed before January 1, 1957, and
                          (ii) each period of military service 
                        performed after December 31, 1956, and 
                        before the separation on which 
                        entitlement to an annuity under this 
                        title is based, only if a deposit (with 
                        interest, if any) is made with respect 
                        to that period, as provided in 
                        subsection (h).
          (3) Effect of receipt of military retired pay.--In 
        the case of a participant who is entitled to retired 
        pay based on a period of military service, the 
        participant's service may not include credit for such 
        period of military service unless the retired pay is 
        paid--
                  (A) on account of a service-connected 
                disability--
                          (i) incurred in combat with an enemy 
                        of the United States; or
                          (ii) caused by an instrumentality of 
                        war and incurred in the line of duty 
                        during a period of war (as defined in 
                        section 1101 of title 38, United States 
                        Code); or
                  (B) under chapter 67 of title 10, United 
                States Code.
          (4) Survivor annuity.--Notwithstanding paragraph (3), 
        the survivor annuity of a survivor of a participant--
                  (A) who was awarded retired pay based on any 
                period of military service, and
                  (B) whose death occurs before separation from 
                the Agency,
        shall be computed in accordance with section 8332(c)(3) 
        of title 5, United States Code.
  (f) Effect of Entitlement to Social Security Benefits.--
          (1) In general.--Notwithstanding any other provision 
        of this section (except paragraph (3) of this 
        subsection) or section 253, any military service (other 
        than military service covered by military leave with 
        pay from a civilian position) performed by a 
        participant after December 1956 shall be excluded in 
        determining the aggregate period of service on which an 
        annuity payable under this title to such participant or 
        to the participant's spouse, former spouse, previous 
        spouse, or child is based, if such participant, spouse, 
        former spouse, previous spouse, or child is entitled 
        (or would upon proper application be entitled), at the 
        time of such determination, to monthly old-age or 
        survivors' insurance benefits under section 202 of the 
        Social Security Act (42 U.S.C. 402), based on such 
        participant's wages and self-employment income. If the 
        military service is not excluded under the preceding 
        sentence, but upon attaining age 62, the participant or 
        spouse, former spouse, or previous spouse becomes 
        entitled (or would upon proper application be entitled) 
        to such benefits, the aggregate period of service on 
        which the annuity is based shall be redetermined, 
        effective as of the first day of the month in which the 
        participant or spouse, former spouse, or previous 
        spouse attains age 62, so as to exclude such service.
          (2) Limitation.--The provisions of paragraph (1) 
        relating to credit for military service do not apply 
        to--
                  (A) any period of military service of a 
                participant with respect to which the 
                participant has made a deposit with interest, 
                if any, under subsection (h); or
                  (B) the military service of any participant 
                described in subsection (e)(2)(B).
          (3) Effect of entitlement before september 8, 1982.--
        (A) The annuity recomputation required by paragraph (1) 
        shall not apply to any participant who was entitled to 
        an annuity under this title on or before September 8, 
        1982, or who is entitled to a deferred annuity based on 
        separation from the Agency occurring on or before such 
        date. Instead of an annuity recomputation, the annuity 
        of such participant shall be reduced at age 62 by an 
        amount equal to a fraction of the participant's old-age 
        or survivors' insurance benefits under section 202 of 
        the Social Security Act. The reduction shall be 
        determined by multiplying the participant's monthly 
        Social Security benefit by a fraction, the numerator of 
        which is the participant's total military wages and 
        deemed additional wages (within the meaning of section 
        229 of the Social Security Act (42 U.S.C. 429)) that 
        were subject to Social Security deductions and the 
        denominator of which is the total of all the 
        participant's wages, including military wages, and all 
        self-employment income that were subject to Social 
        Security deductions before the calendar year in which 
        the determination month occurs.
          (B) The reduction determined in accordance with 
        subparagraph (A) shall not be greater than the 
        reduction that would be required under paragraph (1) if 
        such paragraph applied to the participant. The new 
        formula shall be applicable to any annuity payment 
        payable after October 1, 1982, including annuity 
        payments to participants who had previously reached age 
        62 and whose annuities had already been recomputed.
          (C) For purposes of this paragraph, the term 
        ``determination month'' means--
                  (i) the first month for which the participant 
                is entitled to old-age or survivors' insurance 
                benefits (or would be entitled to such benefits 
                upon application therefor); or
                  (ii) October 1982, in the case of any 
                participant entitled to such benefits for that 
                month.
  (g) Deposits Paid by Survivors.--For the purpose of survivor 
annuities, deposits authorized by subsections (b) and (h) may 
also be made by the survivor of a participant.
  (h)(1)(A) Each participant who has performed military service 
before the date of separation on which entitlement to an 
annuity under this title is based may pay to the Agency an 
amount equal to 7 percent of the amount of basic pay paid under 
section 204 of title 37, United States Code, to the participant 
for each period of military service after December 1956; 
except, the amount to be paid for military service performed 
beginning on January 1, 1999, through December 31, 2000, shall 
be as follows:


                                7.25 percent of basic   January 1, 1999, to December 31, 1999.
                                 pay.
                                7.4 percent of basic    January 1, 2000, to December 31, 2000.
                                 pay.
 

  (B) The amount of such payments shall be based on such 
evidence of basic pay for military service as the participant 
may provide or, if the Director determines sufficient evidence 
has not been provided to adequately determine basic pay for 
military service, such payment shall be based upon estimates of 
such basic pay provided to the Director under paragraph (4).
          (2) Any deposit made under paragraph (1) more than 
        two years after the later of--
                  (A) October 1, 1983, or
                  (B) the date on which the participant making 
                the deposit first becomes an employee of the 
                Federal Government,
        shall include interest on such amount computed and 
        compounded annually beginning on the date of expiration 
        of the two-year period. The interest rate that is 
        applicable in computing interest in any year under this 
        paragraph shall be equal to the interest rate that is 
        applicable for such year under section 8334(e) of title 
        5, United States Code.
          (3) Any payment received by the Director under this 
        subsection shall be deposited in the Treasury of the 
        United States to the credit of the fund.
          (4) The provisions of section [221(k)] 221(l) shall 
        apply with respect to such information as the Director 
        determines to be necessary for the administration of 
        this subsection in the same manner that such section 
        applies concerning information described in that 
        section.

           *       *       *       *       *       *       *


 Part H--Retired Participants Recalled, Reinstated, or Reappointed in 
the Agency or Reemployed in the Government

           *       *       *       *       *       *       *


SEC. 273. REEMPLOYMENT COMPENSATION.

  (a) Deduction From Basic Pay.--An annuitant who has retired 
under this title and who is reemployed in the Federal 
Government service in any appointive position (either on a 
part-time or full-time basis) shall be entitled to receive the 
annuity payable under this title, but there shall be deducted 
from the annuitant's basic pay a sum equal to the annuity 
allocable to the period of actual employment.
  (b) Part-time Reemployed Annuitants.--The Director shall have 
the authority to reemploy an annuitant in a part-time basis in 
accordance with section 8344(l) of title 5, United States Code.
  [(b)] (c) Recovery of Overpayments.--In the event of an 
overpayment under this section, the amount of the overpayment 
shall be recovered by withholding the amount involved from the 
basic pay payable to such reemployed annuitant or from any 
other moneys, including the annuitant's annuity, payable in 
accordance with this title.
  [(c)] (d) Deposit in the Fund.--Sums deducted from the basic 
pay of a reemployed annuitant under this section shall be 
deposited in the Treasury of the United States to the credit of 
the fund.

           *       *       *       *       *       *       *

                              ----------                              


                CENTRAL INTELLIGENCE AGENCY ACT OF 1949



           *       *       *       *       *       *       *
                          general authorities

  Sec. 5. (a) In General.--In the performance of its functions, 
the Central Intelligence Agency is authorized to--
  (1) Transfer to and receive from other Government agencies 
such sums as may be approved by the Office of Management and 
Budget, for the performance of any of the functions or 
activities authorized under section 104A of the National 
Security Act of 1947 (50 U.S.C. 403-4a)., and any other 
Government agency is authorized to transfer to or receive from 
the Agency such sums without regard to any provisions of law 
limiting or prohibiting transfers between appropriations. Sums 
transferred to the Agency in accordance with this paragraph may 
be expended for the purposes and under the authority of this 
Act without regard to limitations of appropriations from which 
transferred;
  (2) Exchange funds without regard to section 3651 Revised 
Statutes (31 U.S.C. 543);
  (3) Reimburse other Government agencies for services of 
personnel assigned to the Agency, and such other Government 
agencies are hereby authorized, without regard to provisions of 
law to the contrary, so to assign or detail any officer or 
employee for duty with the Agency;
  (4) Authorize personnel designated by the Director to carry 
firearms to the extent necessary for the performance of the 
Agency's authorized functions, except that, within the United 
States, such authority shall be limited to the purposes of 
protection of classified materials and information, the 
training of Agency personnel and other authorized persons in 
the use of firearms, the protection of Agency installations and 
property, the protection of current and former Agency personnel 
and their immediate families, defectors and their immediate 
families, and other persons in the United States under Agency 
auspices, and the protection of the Director of National 
Intelligence and [such personnel of the Office of the Director 
of National Intelligence as the Director of National 
Intelligence may designate;] 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;
  (5) Make alterations, improvements, and repairs on premises 
rented by the Agency, and pay rent therefor;
  (6) Determine and fix the minimum and maximum limits of age 
within which an original appointment may be made to an 
operational position within the Agency, notwithstanding the 
provision of any other law, in accordance with such criteria as 
the Director, in his discretion, may prescribe; and
          (7) Notwithstanding section 1341(a)(1) of title 31, 
        United States Code, enter into multiyear leases for up 
        to 15 years.
  (b) Scope of Authority for Expenditure.--(1) The authority to 
enter into a multiyear lease under subsection (a)(7) shall be 
subject to appropriations provided in advance for--
          (A) the entire lease; or
          (B) the first 12 months of the lease and the 
        Government's estimated termination liability.
  (2) In the case of any such lease entered into under 
subparagraph (B) of paragraph (1)--
          (A) such lease shall include a clause that provides 
        that the contract shall be terminated if budget 
        authority (as defined by section 3(2) of the 
        Congressional Budget and Impoundment Control Act of 
        1974 (2 U.S.C. 622(2))) is not provided specifically 
        for that project in an appropriations Act in advance of 
        an obligation of funds in respect thereto;
          (B) notwithstanding section 1552 of title 31, United 
        States Code, amounts obligated for paying termination 
        costs with respect to such lease shall remain available 
        until the costs associated with termination of such 
        lease are paid;
          (C) funds available for termination liability shall 
        remain available to satisfy rental obligations with 
        respect to such lease in subsequent fiscal years in the 
        event such lease is not terminated early, but only to 
        the extent those funds are in excess of the amount of 
        termination liability at the time of their use to 
        satisfy such rental obligations; and
          (D) funds appropriated for a fiscal year may be used 
        to make payments on such lease, for a maximum of 12 
        months, beginning any time during such fiscal year.
  (c) Transfers for Acquisition of Land.--(1) Sums appropriated 
or otherwise made available to the Agency for the acquisition 
of land that are transferred to another department or agency 
for that purpose shall remain available for 3 years.
  (2) The Director shall submit to the Select Committee on 
Intelligence of the Senate and the Permanent Select Committee 
on Intelligence of the House of Representatives a report on the 
transfer of sums described in paragraph (1) each time that 
authority is exercised.

           *       *       *       *       *       *       *


           retirement equity for spouses of certain employees

  Sec. 14. (a) The provisions of sections 102, 221(b) (1)-(3), 
221(f), 221(g), [221(h)(2), 221(i), 221(l),] 221(i)(2), 221(j), 
221(m), 222, 223, 224, 225, 232(b), 241(b), 241(d), and 264(b) 
of the Central Intelligence Agency Retirement Act (50 U.S.C. 
403 note) establishing certain requirements, limitations, 
rights, entitlements, and benefits relating to retirement 
annuities, survivor benefits, and lump-sum payments for a 
spouse or former spouse of an Agency employee who is a 
participant in the Central Intelligence Agency Retirement and 
Disability System shall apply in the same manner and to the 
same extent in the case of an Agency employee who is a 
participant in the Civil Service Retirement and Disability 
System.
  (b) The Director of the Office of Personnel Management, in 
consultation with the Director of the Central Intelligence 
Agency, shall prescribe such regulations as may be necessary to 
implement the provisions of this section.

           *       *       *       *       *       *       *

                              ----------                              


                     NATIONAL SECURITY ACT OF 1947

                              short title

  That this Act may be cited as the ``National Security Act of 
1947''.

                            TABLE OF CONTENTS

Sec. 2. Declaration of policy.
     * * * * * * *

           Title V--Accountability for Intelligence Activities

     * * * * * * *
Sec. 506K. Oversight of intelligence community contractors.
     * * * * * * *

                       TITLE XI--OTHER PROVISIONS

     * * * * * * *
Sec. 1105. Semiannual reports on investigations of unauthorized public 
          disclosures of classified information.

           *       *       *       *       *       *       *


TITLE I--COORDINATION FOR NATIONAL SECURITY

           *       *       *       *       *       *       *


     appointment of officials responsible for intelligence-related 
                               activities

  Sec. 106. (a) Recommendation of DNI in Certain 
Appointments.--(1) In the event of a vacancy in a position 
referred to in paragraph (2), the Director of National 
Intelligence shall recommend to the President an individual for 
nomination to fill the vacancy.
  (2) Paragraph (1) applies to the following positions:
          (A) The Principal Deputy Director of National 
        Intelligence.
          (B) The Director of the Central Intelligence Agency.
  (b) Concurrence of DNI in Appointments to Positions in the 
Intelligence Community.--(1) In the event of a vacancy in a 
position referred to in paragraph (2), the head of the 
department or agency having jurisdiction over the position 
shall obtain the concurrence of the Director of National 
Intelligence before appointing an individual to fill the 
vacancy or recommending to the President an individual to be 
nominated to fill the vacancy. If the Director does not concur 
in the recommendation, the head of the department or agency 
concerned may not fill the vacancy or make the recommendation 
to the President (as the case may be). In the case in which the 
Director does not concur in such a recommendation, the Director 
and the head of the department or agency concerned may advise 
the President directly of the intention to withhold concurrence 
or to make a recommendation, as the case may be.
  (2) Paragraph (1) applies to the following positions:
          (A) The Director of the National Security Agency.
          (B) The Director of the National Reconnaissance 
        Office.
          (C) The Director of the National Geospatial-
        Intelligence Agency.
          (D) The Assistant Secretary of State for Intelligence 
        and Research.
          (E) The Director of the Office of Intelligence and 
        Counterintelligence of the Department of Energy.
          [(F) The Director of the Office of 
        Counterintelligence of the Department of Energy.]
          [(G)] (F) The Assistant Secretary for Intelligence 
        and Analysis of the Department of the Treasury.
          [(H)] (G) The Executive Assistant Director for 
        Intelligence of the Federal Bureau of Investigation or 
        any successor to that position.
          [(I)] (H) The Under Secretary of Homeland Security 
        for Intelligence and Analysis.
  (c) Consultation With DNI in Certain Positions.--(1) In the 
event of a vacancy in a position referred to in paragraph (2), 
the head of the department or agency having jurisdiction over 
the position shall consult with the Director of National 
Intelligence before appointing an individual to fill the 
vacancy or recommending to the President an individual to be 
nominated to fill the vacancy.
  (2) Paragraph (1) applies to the following positions:
          (A) The Director of the Defense Intelligence Agency.
          (B) The Assistant Commandant of the Coast Guard for 
        Intelligence.
          (C) The Assistant Attorney General designated as the 
        Assistant Attorney General for National Security under 
        section 507A of title 28, United States Code.

           *       *       *       *       *       *       *


TITLE V--ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

           *       *       *       *       *       *       *


                     reports on security clearances

  Sec. 506H. (a) Report on Security Clearance Determinations.--
(1) Not later than February 1 of each year, the President shall 
submit to Congress a report on the security clearance process. 
Such report shall include, for each security clearance level--
          (A) the number of employees of the United States 
        Government who--
                  (i) held a security clearance at such level 
                as of October 1 of the preceding year; and
                  (ii) were approved for a security clearance 
                at such level during the preceding fiscal year; 
                and
          (B) the number of contractors to the United States 
        Government who--
                  (i) held a security clearance at such level 
                as of October 1 of the preceding year; and
                  (ii) were approved for a security clearance 
                at such level during the preceding fiscal 
                year[; and].
          [(C) for each element of the intelligence community--
                  [(i) the total amount of time it took to 
                process the security clearance determination 
                for such level that--
                          [(I) was among the 80 percent of 
                        security clearance determinations made 
                        during the preceding fiscal year that 
                        took the shortest amount of time to 
                        complete; and
                          [(II) took the longest amount of time 
                        to complete;
                  [(ii) the total amount of time it took to 
                process the security clearance determination 
                for such level that--
                          [(I) was among the 90 percent of 
                        security clearance determinations made 
                        during the preceding fiscal year that 
                        took the shortest amount of time to 
                        complete; and
                          [(II) took the longest amount of time 
                        to complete;
                  [(iii) the number of pending security 
                clearance investigations for such level as of 
                October 1 of the preceding year that have 
                remained pending for--
                          [(I) 4 months or less;
                          [(II) between 4 months and 8 months;
                          [(III) between 8 months and one year; 
                        and
                          [(IV) more than one year;
                  [(iv) the percentage of reviews during the 
                preceding fiscal year that resulted in a denial 
                or revocation of a security clearance;
                  [(v) the percentage of investigations during 
                the preceding fiscal year that resulted in 
                incomplete information;
                  [(vi) the percentage of investigations during 
                the preceding fiscal year that did not result 
                in enough information to make a decision on 
                potentially adverse information; and
                  [(vii) for security clearance determinations 
                completed or pending during the preceding 
                fiscal year that have taken longer than one 
                year to complete--
                          [(I) the number of security clearance 
                        determinations for positions as 
                        employees of the United States 
                        Government that required more than one 
                        year to complete;
                          [(II) the number of security 
                        clearance determinations for 
                        contractors that required more than one 
                        year to complete;
                          [(III) the agencies that investigated 
                        and adjudicated such determinations; 
                        and
                          [(IV) the cause of significant delays 
                        in such determinations.]
  (2) For purposes of paragraph (1), the President may 
consider--
          (A) security clearances at the level of confidential 
        and secret as one security clearance level; and
          (B) security clearances at the level of top secret or 
        higher as one security clearance level.
  (b) Intelligence Community Reports.--(1) Not later than March 
1 of each year, the Director of National Intelligence shall 
submit to the congressional intelligence committees a report on 
the security clearances processed by each element of the 
intelligence community during the preceding calendar year. Each 
such report shall separately identify security clearances 
processed by each such element and shall cover Federal 
employees and contractor employees.
  (2) Each report submitted under paragraph (1) shall include 
each of the following for each element of the intelligence 
community for the year covered by the report:
          (A) The total number of initial security clearance 
        background investigations opened for new applicants.
          (B) The total number of security clearance periodic 
        re-investigations opened for existing employees.
          (C) The total number of initial security clearance 
        background investigations for new applicants that were 
        finalized and adjudicated with notice of a 
        determination provided to the prospective applicant, 
        including--
                  (i) the total number that were adjudicated 
                favorably and granted access to classified 
                information; and
                  (ii) the total number that were adjudicated 
                unfavorably and resulted in a denial or 
                revocation of a security clearance.
          (D) The total number of security clearance periodic 
        background investigations that were finalized and 
        adjudicated with notice of a determination provided to 
        the existing employee, including--
                  (i) the total number that were adjudicated 
                favorably; and
                  (ii) the total number that were adjudicated 
                unfavorably and resulted in a denial or 
                revocation of a security clearance.
          (E) The total number of pending security clearance 
        background investigations, including initial applicant 
        investigations and periodic re-investigations, that 
        were not finalized and adjudicated as of the last day 
        of such year and that remained pending as follows:
                  (i) For 180 days or less.
                  (ii) For 180 days or longer, but less than 12 
                months.
                  (iii) For 12 months or longer, but less than 
                18 months.
                  (iv) For 18 months or longer, but less than 
                24 months.
                  (v) For 24 months or longer.
          (F) In the case of security clearance determinations 
        completed or pending during the year preceding the year 
        for which the report is submitted that have taken 
        longer than 12 months to complete--
                  (i) the cause of the delay for such 
                determinations; and
                  (ii) the number of such determinations for 
                which polygraph examinations were required.
          (G) The percentage of security clearance 
        investigations, including initial and periodic re-
        investigations, 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.
  [(b)] (c) Form.--The reports required under subsection (a)(1) 
and (b) shall be submitted in unclassified form, but may 
include a classified annex.

           *       *       *       *       *       *       *


SEC. 506K. OVERSIGHT OF INTELLIGENCE COMMUNITY CONTRACTORS.

  Notwithstanding the terms of any contract awarded by the head 
of an element of the intelligence community, the head may not--
          (1) prohibit a contractor of such element from 
        contacting or meeting with either of the congressional 
        intelligence committees (including a member or an 
        employee thereof) to discuss matters relating to a 
        contract;
          (2) take any adverse action against a contractor of 
        such element, including by suspending or debarring the 
        contractor or terminating a contract, based on the 
        contractor contacting or meeting with either of the 
        congressional intelligence committees (including a 
        member or an employee thereof) to discuss matters 
        relating to a contract; or
          (3) require the approval of the head before a 
        contractor of such element contacts or meets with 
        either of the congressional intelligence committees 
        (including a member or an employee thereof) to discuss 
        matters relating to a contract.

           *       *       *       *       *       *       *


TITLE XI--ADDITIONAL MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *


SEC. 1105. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED PUBLIC 
                    DISCLOSURES OF CLASSIFIED INFORMATION.

  (a) In General.--On a semiannual basis, each covered official 
shall submit to the congressional intelligence committees a 
report that includes, with respect to the preceding 6-month 
period--
          (1) the number of investigations opened by the 
        covered official regarding an unauthorized public 
        disclosure of classified information;
          (2) the number of investigations completed by the 
        covered official regarding an unauthorized public 
        disclosure of classified information; and
          (3) of the number of such completed investigations 
        identified under paragraph (2), the number referred to 
        the Attorney General for criminal investigation.
  (b) Definitions.--In this section:
          (1) 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) The term ``investigation'' means any inquiry, 
        whether formal or informal, into the existence of an 
        unauthorized public disclosure of classified 
        information.
          (3) The term ``unauthorized public disclosure of 
        classified information'' means the unauthorized 
        disclosure of classified information to a journalist or 
        media organization.
                              ----------                              


                      TITLE 5, UNITED STATES CODE



           *       *       *       *       *       *       *
PART III--EMPLOYEES

           *       *       *       *       *       *       *


SUBPART D--PAY AND ALLOWANCES

           *       *       *       *       *       *       *


CHAPTER 53--PAY RATES AND SYSTEMS

           *       *       *       *       *       *       *


SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES

           *       *       *       *       *       *       *


Sec. 5313. Positions at level II

  Level II of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
          Deputy Secretary of Defense.
          Deputy Secretary of State.
          Deputy Secretary of State for Management and 
        Resources.
          Administrator, Agency for International Development.
          Administrator of the National Aeronautics and Space 
        Administration.
          Deputy Secretary of Veterans Affairs.
          Deputy Secretary of Homeland Security.
          Under Secretary of Homeland Security for Management.
          Deputy Secretary of the Treasury.
          Deputy Secretary of Transportation.
          Chairman, Nuclear Regulatory Commission.
          Chairman, Council of Economic Advisers.
          Director of the Office of Science and Technology.
          Director of the Central Intelligence Agency.
          Secretary of the Air Force.
          Secretary of the Army.
          Secretary of the Navy.
          Administrator, Federal Aviation Administration.
          Director of the National Science Foundation.
          Deputy Attorney General.
          Deputy Secretary of Energy.
          Deputy Secretary of Agriculture.
          Director of the Office of Personnel Management.
          Administrator, Federal Highway Administration.
          Administrator of the Environmental Protection Agency.
          Under Secretary of Defense for Acquisition, 
        Technology, and Logistics.
          Deputy Secretary of Labor.
          Deputy Director of the Office of Management and 
        Budget.
          Independent Members, Thrift Depositor Protection 
        Oversight Board.
          Deputy Secretary of Health and Human Services.
          Deputy Secretary of the Interior.
          Deputy Secretary of Education.
          Deputy Secretary of Housing and Urban Development.
          Deputy Director for Management, Office of Management 
        and Budget.
          Director of the Federal Housing Finance Agency.
          Deputy Commissioner of Social Security, Social 
        Security Administration.
          Administrator of the Community Development Financial 
        Institutions Fund.
          Deputy Director of National Drug Control Policy.
          Members, Board of Governors of the Federal Reserve 
        System.
          Under Secretary of Transportation for Policy.
          Chief Executive Officer, Millennium Challenge 
        Corporation.
          Principal Deputy Director of National Intelligence.
          Director of the National Counterterrorism Center.
          Administrator of the Federal Emergency Management 
        Agency.
          Federal Transit Administrator.
          Director of the National Counterintelligence and 
        Security.

           *       *       *       *       *       *       *


SUBPART J--ENHANCED PERSONNEL SECURITY PROGRAMS

           *       *       *       *       *       *       *


CHAPTER 110--ENHANCED PERSONNEL SECURITY PROGRAMS

           *       *       *       *       *       *       *


Sec. 11001. Enhanced personnel security programs

  (a) Enhanced Personnel Security Program.--The Director of 
National Intelligence shall direct each agency to implement a 
program to provide enhanced security review of covered 
individuals--
          (1) in accordance with this section; and
          (2) not later than the earlier of--
                  (A) the date that is 5 years after the date 
                of the enactment of the Intelligence 
                Authorization Act for Fiscal Year 2016; or
                  (B) the date on which the backlog of overdue 
                periodic reinvestigations of covered 
                individuals is eliminated, as determined by the 
                Director of National Intelligence.
  (b) Comprehensiveness.--
          (1) Sources of information.--The enhanced personnel 
        security program of an agency shall integrate relevant 
        and appropriate information from various sources, 
        including government, publicly available, and 
        commercial data sources, consumer reporting agencies, 
        social media, and such other sources as determined by 
        the Director of National Intelligence.
          (2) Types of information.--Information obtained and 
        integrated from sources described in paragraph (1) may 
        include--
                  (A) information relating to any criminal or 
                civil legal proceeding;
                  (B) financial information relating to the 
                covered individual, including the credit 
                worthiness of the covered individual;
                  (C) publicly available information, whether 
                electronic, printed, or other form, including 
                relevant security or counterintelligence 
                information about the covered individual or 
                information that may suggest ill intent, 
                vulnerability to blackmail, compulsive 
                behavior, allegiance to another country, change 
                in ideology, or that the covered individual 
                lacks good judgment, reliability, or 
                trustworthiness; and
                  (D) data maintained on any terrorist or 
                criminal watch list maintained by any agency, 
                State or local government, or international 
                organization.
  (c) Reviews of Covered Individuals.--
          (1) Reviews.--
                  (A) In general.--The enhanced personnel 
                security program of an agency shall require 
                that, not less than 2 times every 5 years, the 
                head of the agency shall conduct or request the 
                conduct of automated record checks and checks 
                of information from sources under subsection 
                (b) to ensure the continued eligibility of each 
                covered individual to access classified 
                information and hold a sensitive position 
                unless more frequent reviews of automated 
                record checks and checks of information from 
                sources under subsection (b) are conducted on 
                the covered individual.
                  (B) Scope of reviews.--Except for a covered 
                individual who is subject to more frequent 
                reviews to ensure the continued eligibility of 
                the covered individual to access classified 
                information and hold a sensitive position, the 
                reviews under subparagraph (A) shall consist of 
                random or aperiodic checks of covered 
                individuals, such that each covered individual 
                is subject to at least 2 reviews during the 5-
                year period beginning on the date on which the 
                agency implements the enhanced personnel 
                security program of an agency, and during each 
                5-year period thereafter.
                  (C) Individual reviews.--A review of the 
                information relating to the continued 
                eligibility of a covered individual to access 
                classified information and hold a sensitive 
                position under subparagraph (A) may not be 
                conducted until after the end of the 120-day 
                period beginning on the date the covered 
                individual receives the notification required 
                under paragraph (3).
          (2) Results.--The head of an agency shall take 
        appropriate action if a review under paragraph (1) 
        finds relevant information that may affect the 
        continued eligibility of a covered individual to access 
        classified information and hold a sensitive position.
          (3) Information for covered individuals.--The head of 
        an agency shall ensure that each covered individual is 
        adequately advised of the types of relevant security or 
        counterintelligence information the covered individual 
        is required to report to the head of the agency.
          (4) Limitation.--Nothing in this subsection shall be 
        construed to affect the authority of an agency to 
        determine the appropriate weight to be given to 
        information relating to a covered individual in 
        evaluating the continued eligibility of the covered 
        individual.
          (5) Authority of the president.--Nothing in this 
        subsection shall be construed as limiting the authority 
        of the President to direct or perpetuate periodic 
        reinvestigations of a more comprehensive nature or to 
        delegate the authority to direct or perpetuate such 
        reinvestigations.
          (6) Effect on other reviews.--Reviews conducted under 
        paragraph (1) are in addition to investigations and 
        reinvestigations conducted pursuant to section 3001 of 
        the Intelligence Reform and Terrorism Prevention Act of 
        2004 (50 U.S.C. 3341).
  (d)  [Audit] Review._
          (1) In general.--Beginning 2 years after the date of 
        the implementation of the enhanced personnel security 
        program of an agency under subsection (a), the 
        Inspector General of the agency shall conduct at least 
        1 [audit] review to assess the effectiveness and 
        fairness, which shall be determined in accordance with 
        performance measures and standards established by the 
        Director of National Intelligence, to covered 
        individuals of the enhanced personnel security program 
        of the agency.
          (2) Submissions to dni.--The results of each [audit] 
        review conducted under paragraph (1) shall be submitted 
        to the Director of National Intelligence to assess the 
        effectiveness and fairness of the enhanced personnel 
        security programs across the Federal Government.
  (e) Definitions.--In this section--
          (1) the term ``agency'' has the meaning given that 
        term in section 3001 of the Intelligence Reform and 
        Terrorism Prevention Act of 2004 (50 U.S.C. 3341);
          (2) the term ``consumer reporting agency'' has the 
        meaning given that term in section 603 of the Fair 
        Credit Reporting Act (15 U.S.C. 1681a);
          (3) the term ``covered individual'' means an 
        individual employed by an agency or a contractor of an 
        agency who has been determined eligible for access to 
        classified information or eligible to hold a sensitive 
        position;?
          (4) the term ``enhanced personnel security program'' 
        means a program implemented by an agency at the 
        direction of the Director of National Intelligence 
        under subsection (a); and?

           *       *       *       *       *       *       *

                              ----------                              


        INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004



           *       *       *       *       *       *       *
TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY

           *       *       *       *       *       *       *


SEC. 1016. INFORMATION SHARING.

  (a) Definitions.--In this section:
          (1) Homeland security information.--The term 
        ``homeland security information'' has the meaning given 
        that term in section 892(f) of the Homeland Security 
        Act of 2002 (6 U.S.C. 482(f)).
          (2) Information sharing council.--The term 
        ``Information Sharing Council'' means the Information 
        Systems Council established by Executive Order 13356, 
        or any successor body designated by the President, and 
        referred to under subsection (g).
          (3) Information sharing environment.--The terms 
        ``information sharing environment'' and ``ISE'' mean an 
        approach that facilitates the sharing of terrorism and 
        homeland security information, which may include any 
        method determined necessary and appropriate for 
        carrying out this section.
          (4) Program manager.--The term ``program manager'' 
        means the program manager designated under subsection 
        (f).
          (5) Terrorism information.--The term ``terrorism 
        information''--
                  (A) means all information, whether collected, 
                produced, or distributed by intelligence, law 
                enforcement, military, homeland security, or 
                other activities relating to--
                          (i) the existence, organization, 
                        capabilities, plans, intentions, 
                        vulnerabilities, means of finance or 
                        material support, or activities of 
                        foreign or international terrorist 
                        groups or individuals, or of domestic 
                        groups or individuals involved in 
                        transnational terrorism;
                          (ii) threats posed by such groups or 
                        individuals to the United States, 
                        United States persons, or United States 
                        interests, or to those of other 
                        nations;
                          (iii) communications of or by such 
                        groups or individuals; or
                          (iv) groups or individuals reasonably 
                        believed to be assisting or associated 
                        with such groups or individuals; and
                  (B) includes weapons of mass destruction 
                information.
          (6) Weapons of mass destruction information.--The 
        term ``weapons of mass destruction information'' means 
        information that could reasonably be expected to assist 
        in the development, proliferation, or use of a weapon 
        of mass destruction (including a chemical, biological, 
        radiological, or nuclear weapon) that could be used by 
        a terrorist or a terrorist organization against the 
        United States, including information about the location 
        of any stockpile of nuclear materials that could be 
        exploited for use in such a weapon that could be used 
        by a terrorist or a terrorist organization against the 
        United States.
  (b) Information Sharing Environment.--
          (1) Establishment.--The [President] Director of 
        National Intelligence shall--
                  (A) create an information sharing environment 
                for the sharing of terrorism information in a 
                manner consistent with national security and 
                with applicable legal standards relating to 
                privacy and civil liberties;
                  (B) designate the organizational and 
                management structures that will be used to 
                operate and manage the ISE; and
                  (C) determine and enforce the policies, 
                directives, and rules that will govern the 
                content and usage of the ISE.
          (2) Attributes.--The [President] Director of National 
        Intelligence shall, through the structures described in 
        subparagraphs (B) and (C) of paragraph (1), ensure that 
        the ISE provides and facilitates the means for sharing 
        terrorism information among all appropriate Federal, 
        State, local, and tribal entities, and the private 
        sector through the use of policy guidelines and 
        technologies. The [President] Director of National 
        Intelligence shall, to the greatest extent practicable, 
        ensure that the ISE provides the functional equivalent 
        of, or otherwise supports, a decentralized, 
        distributed, and coordinated environment that--
                  (A) connects existing systems, where 
                appropriate, provides no single points of 
                failure, and allows users to share information 
                among agencies, between levels of government, 
                and, as appropriate, with the private sector;
                  (B) ensures direct and continuous online 
                electronic access to information;
                  (C) facilitates the availability of 
                information in a form and manner that 
                facilitates its use in analysis, investigations 
                and operations;
                  (D) builds upon existing systems capabilities 
                currently in use across the Government;
                  (E) employs an information access management 
                approach that controls access to data rather 
                than just systems and networks, without 
                sacrificing security;
                  (F) facilitates the sharing of information at 
                and across all levels of security;
                  (G) provides directory services, or the 
                functional equivalent, for locating people and 
                information;
                  (H) incorporates protections for individuals' 
                privacy and civil liberties;
                  (I) incorporates strong mechanisms to enhance 
                accountability and facilitate oversight, 
                including audits, authentication, and access 
                controls;
                  (J) integrates the information within the 
                scope of the information sharing environment, 
                including any such information in legacy 
                technologies;
                  (K) integrates technologies, including all 
                legacy technologies, through Internet-based 
                services, consistent with appropriate security 
                protocols and safeguards, to enable 
                connectivity among required users at the 
                Federal, State, and local levels;
                  (L) allows the full range of analytic and 
                operational activities without the need to 
                centralize information within the scope of the 
                information sharing environment;
                  (M) permits analysts to collaborate both 
                independently and in a group (commonly known as 
                ``collective and noncollective 
                collaboration''), and across multiple levels of 
                national security information and controlled 
                unclassified information;
                  (N) provides a resolution process that 
                enables changes by authorized officials 
                regarding rules and policies for the access, 
                use, and retention of information within the 
                scope of the information sharing environment; 
                and
                  (O) incorporates continuous, real-time, and 
                immutable audit capabilities, to the maximum 
                extent practicable.
  (c) Preliminary Report.--Not later than 180 days after the 
date of the enactment of this Act, the program manager shall, 
in consultation with the Information Sharing Council--
          (1) submit to the President and Congress a 
        description of the technological, legal, and policy 
        issues presented by the creation of the ISE, and the 
        way in which these issues will be addressed;
          (2) establish an initial capability to provide 
        electronic directory services, or the functional 
        equivalent, to assist in locating in the Federal 
        Government intelligence and terrorism information and 
        people with relevant knowledge about intelligence and 
        terrorism information; and
          (3) conduct a review of relevant current Federal 
        agency capabilities, databases, and systems for sharing 
        information.
  (d) Guidelines and Requirements.--As soon as possible, but in 
no event later than 270 days after the date of the enactment of 
this Act, the President shall--
          (1) leverage all ongoing efforts consistent with 
        establishing the ISE and issue guidelines for 
        acquiring, accessing, sharing, and using information, 
        including guidelines to ensure that information is 
        provided in its most shareable form, such as by using 
        tearlines to separate out data from the sources and 
        methods by which the data are obtained;
          (2) in consultation with the Privacy and Civil 
        Liberties Oversight Board established under section 
        1061, issue guidelines that--
                  (A) protect privacy and civil liberties in 
                the development and use of the ISE; and
                  (B) shall be made public, unless 
                nondisclosure is clearly necessary to protect 
                national security; and
          (3) require the heads of Federal departments and 
        agencies to promote a culture of information sharing 
        by--
                  (A) reducing disincentives to information 
                sharing, including over-classification of 
                information and unnecessary requirements for 
                originator approval, consistent with applicable 
                laws and regulations; and
                  (B) providing affirmative incentives for 
                information sharing.
  (e) Implementation Plan Report.--Not later than one year 
after the date of the enactment of this Act, the President 
shall, with the assistance of the program manager, submit to 
Congress a report containing an implementation plan for the 
ISE. The report shall include the following:
          (1) A description of the functions, capabilities, 
        resources, and conceptual design of the ISE, including 
        standards.
          (2) A description of the impact on enterprise 
        architectures of participating agencies.
          (3) A budget estimate that identifies the incremental 
        costs associated with designing, testing, integrating, 
        deploying, and operating the ISE.
          (4) A project plan for designing, testing, 
        integrating, deploying, and operating the ISE.
          (5) The policies and directives referred to in 
        subsection (b)(1)(C), as well as the metrics and 
        enforcement mechanisms that will be utilized.
          (6) Objective, systemwide performance measures to 
        enable the assessment of progress toward achieving the 
        full implementation of the ISE.
          (7) A description of the training requirements needed 
        to ensure that the ISE will be adequately implemented 
        and properly utilized.
          (8) A description of the means by which privacy and 
        civil liberties will be protected in the design and 
        operation of the ISE.
          (9) The recommendations of the program manager, in 
        consultation with the Information Sharing Council, 
        regarding whether, and under what conditions, the ISE 
        should be expanded to include other intelligence 
        information.
          (10) A delineation of the roles of the Federal 
        departments and agencies that will participate in the 
        ISE, including an identification of the agencies that 
        will deliver the infrastructure needed to operate and 
        manage the ISE (as distinct from individual department 
        or agency components that are part of the ISE), with 
        such delineation of roles to be consistent with--
                  (A) the authority of the Director of National 
                Intelligence under this title, and the 
                amendments made by this title, to set standards 
                for information sharing throughout the 
                intelligence community; and
                  (B) the authority of the Secretary of 
                Homeland Security and the Attorney General, and 
                the role of the Department of Homeland Security 
                and the Department of Justice, in coordinating 
                with State, local, and tribal officials and the 
                private sector.
          (11) The recommendations of the program manager, in 
        consultation with the Information Sharing Council, for 
        a future management structure for the ISE, including 
        whether the position of program manager should continue 
        to remain in existence.
  (f) Program Manager.--
          (1) Designation.--Not later than 120 days after the 
        date of the enactment of this Act, with notification to 
        Congress, the President shall designate an individual 
        as the program manager responsible for information 
        sharing across the Federal Government. [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).] 
        Beginning on the date of the enactment of the 
        Intelligence Authorization Act for Fiscal Year 2018, 
        each individual designated as the program manager shall 
        be appointed by the Director of National Intelligence. 
        The program manager, in consultation with the head of 
        any affected department or agency, shall have and 
        exercise governmentwide authority over the sharing of 
        information within the scope of the information sharing 
        environment, including homeland security information, 
        terrorism information, and weapons of mass destruction 
        information, by all Federal departments, agencies, and 
        components, irrespective of the Federal department, 
        agency, or component in which the program manager may 
        be administratively located, except as otherwise 
        expressly provided by law.
          (2) Duties and responsibilities.--
                  (A) In general.--The program manager shall, 
                in consultation with the Information Sharing 
                Council--
                          (i) plan for and oversee the 
                        implementation of, and manage, the ISE;
                          (ii) assist in the development of 
                        policies, as appropriate, to foster the 
                        development and proper operation of the 
                        ISE;
                          (iii) consistent with the direction 
                        and policies issued by the President, 
                        the Director of National Intelligence, 
                        and the Director of the Office of 
                        Management and Budget, issue 
                        governmentwide procedures, guidelines, 
                        instructions, and functional standards, 
                        as appropriate, for the management, 
                        development, and proper operation of 
                        the ISE;
                          (iv) identify and resolve information 
                        sharing disputes between Federal 
                        departments, agencies, and components; 
                        and
                          (v) assist, monitor, and assess the 
                        implementation of the ISE by Federal 
                        departments and agencies to ensure 
                        adequate progress, technological 
                        consistency and policy compliance; and 
                        regularly report the findings to 
                        Congress.
                  (B) Content of policies, procedures, 
                guidelines, rules, and standards.--The 
                policies, procedures, guidelines, rules, and 
                standards under subparagraph (A)(ii) shall--
                          (i) take into account the varying 
                        missions and security requirements of 
                        agencies participating in the ISE;
                          (ii) address development, 
                        implementation, and oversight of 
                        technical standards and requirements;
                          (iii) take into account ongoing and 
                        planned efforts that support 
                        development, implementation and 
                        management of the ISE;
                          (iv) address and facilitate 
                        information sharing between and among 
                        departments and agencies of the 
                        intelligence community, the Department 
                        of Defense, the homeland security 
                        community and the law enforcement 
                        community;
                          (v) address and facilitate 
                        information sharing between Federal 
                        departments and agencies and State, 
                        tribal, and local governments;
                          (vi) address and facilitate, as 
                        appropriate, information sharing 
                        between Federal departments and 
                        agencies and the private sector;
                          (vii) address and facilitate, as 
                        appropriate, information sharing 
                        between Federal departments and 
                        agencies with foreign partners and 
                        allies; and
                          (viii) ensure the protection of 
                        privacy and civil liberties.
  (g) Information Sharing Council.--
          (1) Establishment.--There is established an 
        Information Sharing Council that shall assist the 
        President and the program manager in their duties under 
        this section. The Information Sharing Council shall 
        serve until removed from service or replaced by the 
        President (at the sole discretion of the President) 
        with a successor body.
          (2) Specific duties.--In assisting the President and 
        the program manager in their duties under this section, 
        the Information Sharing Council shall--
                  (A) advise the President and the program 
                manager in developing policies, procedures, 
                guidelines, roles, and standards necessary to 
                establish, implement, and maintain the ISE;
                  (B) work to ensure coordination among the 
                Federal departments and agencies participating 
                in the ISE in the establishment, 
                implementation, and maintenance of the ISE;
                  (C) identify and, as appropriate, recommend 
                the consolidation and elimination of current 
                programs, systems, and processes used by 
                Federal departments and agencies to share 
                information, and recommend, as appropriate, the 
                redirection of existing resources to support 
                the ISE;
                  (D) identify gaps, if any, between existing 
                technologies, programs and systems used by 
                Federal departments and agencies to share 
                information and the parameters of the proposed 
                information sharing environment;
                  (E) recommend solutions to address any gaps 
                identified under subparagraph (D);
                  (F) recommend means by which the ISE can be 
                extended to allow interchange of information 
                between Federal departments and agencies and 
                appropriate authorities of State and local 
                governments;
                  (G) assist the program manager in identifying 
                and resolving information sharing disputes 
                between Federal departments, agencies, and 
                components;
                  (H) identify appropriate personnel for 
                assignment to the program manager to support 
                staffing needs identified by the program 
                manager; and
                  (I) recommend whether or not, and by which 
                means, the ISE should be expanded so as to 
                allow future expansion encompassing other 
                relevant categories of information.
          (3) Consultation.--In performing its duties, the 
        Information Sharing Council shall consider input from 
        persons and entities outside the Federal Government 
        having significant experience and expertise in policy, 
        technical matters, and operational matters relating to 
        the ISE.
          (4) Inapplicability of federal advisory committee 
        act.--The Information Sharing Council (including any 
        subsidiary group of the Information Sharing Council) 
        shall not be subject to the requirements of the Federal 
        Advisory Committee Act (5 U.S.C. App.).
          (5) Detailees.--Upon a request by the Director of 
        National Intelligence, the departments and agencies 
        represented on the Information Sharing Council shall 
        detail to the program manager, on a reimbursable basis, 
        appropriate personnel identified under paragraph 
        (2)(H).
  (h) Performance Management Reports.--
          (1) In general.--Not later than two years after the 
        date of the enactment of this Act, and not later than 
        June 30 of each year thereafter, the President shall 
        submit to Congress a report on the state of the ISE and 
        of information sharing across the Federal Government.
          (2) Content.--Each report under this subsection shall 
        include--
                  (A) a progress report on the extent to which 
                the ISE has been implemented, including how the 
                ISE has fared on the performance measures and 
                whether the performance goals set in the 
                preceding year have been met;
                  (B) objective system-wide performance goals 
                for the following year;
                  (C) an accounting of how much was spent on 
                the ISE in the preceding year;
                  (D) actions taken to ensure that procurement 
                of and investments in systems and technology 
                are consistent with the implementation plan for 
                the ISE;
                  (E) the extent to which all terrorism watch 
                lists are available for combined searching in 
                real time through the ISE and whether there are 
                consistent standards for placing individuals 
                on, and removing individuals from, the watch 
                lists, including the availability of processes 
                for correcting errors;
                  (F) the extent to which State, tribal, and 
                local officials are participating in the ISE;
                  (G) the extent to which private sector data, 
                including information from owners and operators 
                of critical infrastructure, is incorporated in 
                the ISE, and the extent to which individuals 
                and entities outside the government are 
                receiving information through the ISE;
                  (H) the measures taken by the Federal 
                government to ensure the accuracy of 
                information in the ISE, in particular the 
                accuracy of information about individuals;
                  (I) an assessment of the privacy and civil 
                liberties protections of the ISE, including 
                actions taken in the preceding year to 
                implement or enforce privacy and civil 
                liberties protections; and
                  (J) an assessment of the security protections 
                used in the ISE.
  (i) Agency Responsibilities.--The head of each department or 
agency that possesses or uses intelligence or terrorism 
information, operates a system in the ISE, or otherwise 
participates (or expects to participate) in the ISE shall--
          (1) ensure full department or agency compliance with 
        information sharing policies, procedures, guidelines, 
        rules, and standards established under subsections (b) 
        and (f);
          (2) ensure the provision of adequate resources for 
        systems and activities supporting operation of and 
        participation in the ISE;
          (3) ensure full department or agency cooperation in 
        the development of the ISE to implement governmentwide 
        information sharing; and
          (4) submit, at the request of the President or the 
        program manager, any reports on the implementation of 
        the requirements of the ISE within such department or 
        agency.
  (j) Report on the Information Sharing Environment.--
          (1) In general.--Not later than 180 days after the 
        date of enactment of the Implementing Recommendations 
        of the 9/11 Commission Act of 2007, the President shall 
        report to the Committee on Homeland Security and 
        Governmental Affairs of the Senate, the Select 
        Committee on Intelligence of the Senate, the Committee 
        on Homeland Security of the House of Representatives, 
        and the Permanent Select Committee on Intelligence of 
        the House of Representatives on the feasibility of--
                  (A) eliminating the use of any marking or 
                process (including ``Originator Control'') 
                intended to, or having the effect of, 
                restricting the sharing of information within 
                the scope of the information sharing 
                environment, including homeland security 
                information, terrorism information, and weapons 
                of mass destruction information, between and 
                among participants in the information sharing 
                environment, unless the President has--
                          (i) specifically exempted categories 
                        of information from such elimination; 
                        and
                          (ii) reported that exemption to the 
                        committees of Congress described in the 
                        matter preceding this subparagraph; and
                  (B) continuing to use Federal agency 
                standards in effect on such date of enactment 
                for the collection, sharing, and access to 
                information within the scope of the information 
                sharing environment, including homeland 
                security information, terrorism information, 
                and weapons of mass destruction information, 
                relating to citizens and lawful permanent 
                residents;
                  (C) replacing the standards described in 
                subparagraph (B) with a standard that would 
                allow mission-based or threat-based permission 
                to access or share information within the scope 
                of the information sharing environment, 
                including homeland security information, 
                terrorism information, and weapons of mass 
                destruction information, for a particular 
                purpose that the Federal Government, through an 
                appropriate process established in consultation 
                with the Privacy and Civil Liberties Oversight 
                Board established under section 1061, has 
                determined to be lawfully permissible for a 
                particular agency, component, or employee 
                (commonly known as an ``authorized use'' 
                standard); and
                  (D) the use of anonymized data by Federal 
                departments, agencies, or components 
                collecting, possessing, disseminating, or 
                handling information within the scope of the 
                information sharing environment, including 
                homeland security information, terrorism 
                information, and weapons of mass destruction 
                information, in any cases in which--
                          (i) the use of such information is 
                        reasonably expected to produce results 
                        materially equivalent to the use of 
                        information that is transferred or 
                        stored in a non-anonymized form; and
                          (ii) such use is consistent with any 
                        mission of that department, agency, or 
                        component (including any mission under 
                        a Federal statute or directive of the 
                        President) that involves the storage, 
                        retention, sharing, or exchange of 
                        personally identifiable information.
          (2) Definition.--In this subsection, the term 
        ``anonymized data'' means data in which the individual 
        to whom the data pertains is not identifiable with 
        reasonable efforts, including information that has been 
        encrypted or hidden through the use of other 
        technology.
  (k) Additional Positions.--The program manager is authorized 
to hire not more than 40 full-time employees to assist the 
program manager in--
          (1) activities associated with the implementation of 
        the information sharing environment, including--
                  (A) implementing the requirements under 
                subsection (b)(2); and
                  (B) any additional implementation initiatives 
                to enhance and expedite the creation of the 
                information sharing environment; and
          (2) identifying and resolving information sharing 
        disputes between Federal departments, agencies, and 
        components under subsection (f)(2)(A)(iv).
  (l) Authorization of Appropriations.--There is authorized to 
be appropriated to carry out this section $30,000,000 for each 
of fiscal years 2008 and 2009.

           *       *       *       *       *       *       *

                              ----------                              


                  NATIONAL SECURITY AGENCY ACT OF 1959



           *       *       *       *       *       *       *
  Sec. 2. (a)(1) There is a Director of the National Security 
Agency.
  (2) The Director of the National Security Agency shall be 
appointed by the President, by and with the advice and consent 
of the Senate.
  (3) The Director of the National Security Agency shall be the 
head of the National Security Agency and shall discharge such 
functions and duties as are provided by this Act or otherwise 
by law or executive order.
  (b) There is a Director of Compliance of the National 
Security Agency, who shall be appointed by the Director of the 
National Security Agency and who shall be responsible for the 
programs of compliance over mission activities of the National 
Security Agency.
  (c)(1) There is a General Counsel of the National Security 
Agency.
  (2) The General Counsel of the National Security Agency shall 
be appointed by the President, by and with the advice and 
consent of the Senate.

           *       *       *       *       *       *       *

                              ----------                              


                       ATOMIC ENERGY DEFENSE ACT



           *       *       *       *       *       *       *
DIVISION D--ATOMIC ENERGY DEFENSE PROVISIONS

           *       *       *       *       *       *       *


TITLE XLV--SAFEGUARDS AND SECURITY MATTERS

           *       *       *       *       *       *       *


Subtitle B--Classified Information

           *       *       *       *       *       *       *


SEC. 4524. PROTECTION OF CLASSIFIED INFORMATION DURING LABORATORY-TO-
                    LABORATORY EXCHANGES.

  (a) Provision of Training.--The Secretary of Energy shall 
ensure that all Department of Energy employees and Department 
of Energy contractor employees participating in laboratory-to-
laboratory cooperative exchange activities are fully trained in 
matters relating to the protection of classified information 
and to potential espionage and counterintelligence threats.
  (b) Countering of Espionage and Intelligence-Gathering 
Abroad.--(1) The Secretary shall establish a pool of Department 
employees and Department contractor employees who are specially 
trained to counter threats of espionage and intelligence-
gathering by foreign nationals against Department employees and 
Department contractor employees who travel abroad for 
laboratory-to-laboratory exchange activities or other 
cooperative exchange activities on behalf of the Department.
  (2) The Director of Intelligence and Counterintelligence of 
the Department of Energy may assign at least one employee from 
the pool established under paragraph (1) to accompany a group 
of Department employees or Department contractor employees who 
travel to any nation designated to be a sensitive country for 
laboratory-to-laboratory exchange activities or other 
cooperative exchange activities on behalf of the Department.

           *       *       *       *       *       *       *

                              ----------                              


                      FOREIGN SERVICE ACT OF 1980



           *       *       *       *       *       *       *
TITLE I--THE FOREIGN SERVICE OF THE UNITED STATES

           *       *       *       *       *       *       *


Chapter 5--Classification of Positions and Assignments

           *       *       *       *       *       *       *


  Sec. 502. Assignments to Foreign Service Positions.--(a)(1) 
The Secretary (with the concurrence of the agency concerned) 
may assign a member of the Service to any position classified 
under section 501 in which that member is eligible to serve 
(other than as chief of mission or ambassador at large), and 
may assign a member from one such position to another such 
position as the needs of the Service may require.
  (2) In making assignments under paragraph (1), the Secretary 
shall assure that a member of the Service is not assigned to or 
prohibited from being assigned to a position at a post in a 
particular geographic area on the basis of the race, ethnicity, 
or religion of that member.
  (3) In making assignments under paragraph (1), and in 
accordance with section 903, and, if applicable, section 503, 
the Secretary shall assure that a member of the Service may 
serve at a post for a period of not more than six consecutive 
years.
  (b) Positions designated as Foreign Service positions 
normally shall be filled by the assignment of members of the 
Service to those positions. Subject to that limitation--
          (1) Foreign Service positions may be filled by the 
        assignment for specified tours of duty of employees of 
        the Department and, under interagency agreements, 
        employees of other agencies; and
          (2) Senior Foreign Service positions may also be 
        filled by other members of the Service.
  (c) The President may assign a career member of the Service 
to serve as charge d'affaires or otherwise as the head of a 
mission (or as the head of a United States office abroad which 
is designated under section 102(a)(3) by the Secretary of State 
as diplomatic in nature) for such period as the public interest 
may require.
  (d) The Secretary of State, in conjunction with the heads of 
the other agencies utilizing the Foreign Service personnel 
system, shall implement policies and procedures to insure that 
Foreign Service officers and members of the Senior Foreign 
Service of all agencies are able to compete for chief of 
mission positions and have opportunities on an equal basis to 
compete for assignments outside their areas of specialization.

           *       *       *       *       *       *       *


Chapter 7--Career Development, Training, and Orientation

           *       *       *       *       *       *       *


  Sec. 702. Foreign Language Requirements.--(a) The Secretary 
shall establish foreign language proficiency requirements for 
members of the Service who are to be assigned abroad in order 
that Foreign Service posts abroad will be staffed by 
individuals having a useful knowledge of the language or 
dialect common to the country in which the post is located.
  (b) The Secretary of State shall arrange for appropriate 
language training of members of the Service by the institution 
or otherwise in order to assist in meeting the requirements 
established under subsection (a).
  (c) Foreign Language Deployment Requirements.--
          (1) In general.--The Secretary of State, with the 
        assistance of other relevant officials, shall require 
        all members of the Service who receive foreign language 
        training in Arabic, Farsi, Chinese (Mandarin or 
        Cantonese), Turkish, Korean, and Japanese by the 
        institution or otherwise in accordance with subsection 
        (b) to serve three successive tours in positions in 
        which the acquired language is both relevant and 
        determined to be a benefit to the Department.
          (2) Overseas deployments.--In carrying out paragraph 
        (1), at least one of the three successive tours 
        referred to in such paragraph shall be an overseas 
        deployment.
          (3) Waiver.--The Secretary of State may waive the 
        application of paragraph (1) for medical or family 
        hardship or in the interest of national security.
          (4) Congressional notification.--The Secretary of 
        State shall notify the Committees on Appropriations and 
        Foreign Affairs of the House of Representatives and 
        Committees on Appropriations and Foreign Relations of 
        the Senate at the end of each fiscal year of any 
        instances during the prior twelve months in which the 
        waiver authority described in paragraph (3) was 
        invoked.
  [(c)] (d) Not later than January 31 of each year, the 
Director General of the Foreign Service shall submit a report 
to the Committee on Foreign Relations of the Senate and the 
Committee on International Relations of the House of 
Representatives summarizing the number of positions in each 
overseas mission requiring foreign language competence that--
          (1) became vacant during the previous fiscal year; 
        and
          (2) were filled by individuals having the required 
        foreign language competence.

           *       *       *       *       *       *       *


                   Disclosure of Directed Rule Making

    H.R. 3180 does not specifically direct any rule makings 
within the meaning of 5 U.S.C. 551.

                    Duplication of Federal Programs

    H.R. 3180 does not duplicate or reauthorize an established 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                             MINORITY VIEWS

    The Committee's Minority Members support the Intelligence 
Authorization Act for Fiscal Year 2018, a bipartisan measure 
which the Committee approved by a unanimous voice vote on July 
13, 2017.
    Below are Minority Views which highlight some of the 
legislation's significant features, as well as oversight issues 
of ongoing Minority interest.
Countering Russia and protecting U.S. elections
    A longstanding and bipartisan Committee initiative has been 
countering the threat posed by the Russian government--a threat 
well recognized by the prior Administration, as reflected in 
its resource requests to the Committee. The FY18 IAA contains 
strong provisions regarding the Russian government, many of 
which were authored by Minority Members. This includes language 
requiring the Director of National Intelligence to make 
publicly available a report on foreign cybersecurity and 
counterintelligence threats to campaigns for federal office, 
and a provision requiring an assessment of any Russian 
government influence campaigns directed at elections or 
referenda in foreign states.
    The IAA does not comment on Russian Federation President 
Putin and President Trump's reported discussion of establishing 
a framework for bilateral cooperation on cybersecurity issues 
and non-interference in states' internal affairs. But the 
Russian government has a well-established track record of 
interfering in those affairs, whether through cyberattacks or 
other means. According to a January 2017 declassified U.S. 
Intelligence Community assessment, Putin himself ``ordered an 
influence campaign in 2016 aimed at the US presidential 
election.'' Part of that campaign comprised cyber intrusions 
directed against U.S. political organizations.
    We thus can be certain that Moscow will exploit the Trump 
Administration's openness to cooperation with Russia's 
government, possibly on cyber issues or other matters; and just 
as certain that Moscow will view the Administration's 
equivocation about the Russian government's responsibility for 
the cyberattack on our 2016 election as a passive acceptance 
or, worse, a validation of its assault on the United States' 
democratic process.
    The Committee will continue to closely oversee the 
Administration's activities, and will ensure that the White 
House does not reward Moscow's misconduct.
Ensuring the effectiveness, transparency and legitimacy of U.S. 
        counterterrorism activities
    The Committee Report to the FY18 IAA contains important 
language furthering this Minority priority. This language 
obligates the Director of National Intelligence to notify the 
intelligence committees five days after any changes are made to 
important Presidential Policy Guidance (PPG) regarding direct 
action against terrorists outside of warzones, or to any 
successor guidance. The PPG is one part of a legal and policy 
architecture developed by the prior Administration, which has 
served to maximize the effectiveness, transparency and 
legitimacy of U.S. counterterrorism activities--and for which 
Minority will continue to advocate forcefully.
    The Committee Report language is thus a positive step. But 
Congress can and should go further to lock in and refine the 
prior Administration's counterterrorism reforms. In particular, 
the notification requirement described above ought to be 
codified in statute. Congress likewise should make permanent, 
and build upon, an important Obama Administration executive 
order that called for the public release of substantial data on 
the total number of combatants and noncombatant civilians 
killed or injured as a result of counterterrorism action.
Understanding the intelligence implications of climate change
    President Trump's FY18 budget request sought no resources 
at all with respect to the intelligence aspects of climate 
change--part of his Administration's shortsighted effort to 
deny a broad and empirically-based consensus among scientists.
    The ongoing, global rise in temperatures, brought about and 
accelerated by human activity, has serious implications for 
U.S. national security. Whole populations--some in areas of 
strategic importance to the United States--will be forced to 
relocate. Rising sea levels and hotter climates will cause food 
and water shortages. Conflicts not yet considered may appear 
along traditional fault lines, or new ones.
    The Intelligence Community, and U.S. policymakers, must not 
ignore these intelligence challenges. Instead we must be 
positioned to understand and respond to them. The Minority will 
continue to press the Congress and the Administration to give 
the IC the resources necessary to do so on issues related to 
climate change.
Encouraging and protecting lawful Intelligence Community whistleblowing
    The FY18 IAA enhances the ability of Intelligence Community 
contractors to communicate with the intelligence committees 
unilaterally--by proclaiming that an IC element cannot 
condition its contractor's approach to those committees on the 
element's prior approval, otherwise prohibit the contractor 
from meeting or communicating with the committees, or take 
adverse action against the contractor as a consequence of such 
a meeting or communication. This language builds on provisions 
in recent IAAs, which have enhanced the intelligence 
committees' ability to detect and stamp out waste, fraud and 
abuse, and codified protections for IC whistleblowers.
    Last fiscal year's IAA directed the Inspector General of 
the Intelligence Community to study and report back on the 
challenges and potential benefits associated with applying the 
same protections to employees of IC contractors as apply to IC 
employees under existing law. The Committee looks forward to 
the results of this review, and to taking appropriate action.
    The Minority will continue to do its utmost to ensure that 
whistleblowers are encouraged to come forward through lawful 
channels, and that they are protected from reprisals.
Supporting the Privacy and Civil Liberties Oversight Board
    The Privacy and Civil Liberties Board has long played a 
critical role in ensuring that the Nation's counterterrorism 
programs vigorously safeguard civil liberties while also 
protecting the American people. Among other things, the Board's 
widely-noted report, affirming the value and lawfulness of IC 
activities conducted under Section 702 of the Foreign 
Intelligence Surveillance Act, was especially useful in 
explaining Section 702's mechanics and operation to Congress 
and the public. The report has proven to be a valuable 
resource, in advance of Section 702's coming reauthorization 
later this year.
    Unfortunately, the Board currently has only one Member 
serving: The position of Chair is vacant, as are positions for 
three other Members. This greatly impairs the Board's 
functioning, and hampers its ability to conduct necessary 
oversight. The Minority therefore urges the Administration to 
nominate qualified personnel to the Board immediately, and will 
continue to support the Board's important oversight work.
                                   Adam B. Schiff,
                                           Ranking Member.
                                   James A. Himes.
                                   Terri A. Sewell.
                                   Andre Carson.
                                   Jackie Speier.
                                   Mike Quigley.
                                   Eric Swalwell.
                                   Joaquin Castro.
                                   Denny Heck.

                                  [all]