Bill Summary
This legislation aims to improve national security by establishing various agencies and programs, coordinating efforts to combat foreign threats, and analyzing the impact of climate change on national security. It also focuses on transparency in intelligence operations and includes technical amendments and clarifications to existing laws related to intelligence and national security.
Possible Impacts
1. The establishment of the Foreign Threat Response Center will have a direct impact on personnel who are assigned to work in foreign countries, as their death benefits will now be provided for by the Director of the Central Intelligence Agency in the event of their death.
2. The legislation also requires the collection and analysis of workforce data in the intelligence community, which will affect the hiring and management of personnel in this sector.
3. The establishment of the Energy Infrastructure Security Center and the Supply Chain and Counterintelligence Risk Management Taskforce will have a significant impact on the energy sector, as covered entities will now be able to partner with National Laboratories to defend against security vulnerabilities and exploits in critical systems.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3494 Referred in Senate (RFS)]
<DOC>
116th CONGRESS
1st Session
H. R. 3494
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 18, 2019
Received; read twice and referred to the Select Committee on
Intelligence
_______________________________________________________________________
AN ACT
To authorize appropriations for fiscal years 2018, 2019, and 2020 for
intelligence and intelligence-related activities of the United States
Government, the Community Management Account, and the Central
Intelligence Agency Retirement and Disability System, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Damon Paul Nelson and Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and
2020''.
SEC. 2. DIVISIONS AND TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into two divisions as
follows:
(1) Division A--Intelligence Authorizations for Fiscal Year
2020.
(2) Division B--Intelligence Authorizations for Fiscal
Years 2018 and 2019.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Divisions and table of contents.
Sec. 3. Definitions.
DIVISION A--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2020
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified schedule of authorizations.
Sec. 103. Intelligence community management account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
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. Paid parental leave.
Sec. 304. Unfunded requirements of the intelligence community.
Sec. 305. Extending the Intelligence Identities Protection Act of 1982.
Sec. 306. Intelligence community public-private talent exchange.
Sec. 307. Assessment of contracting practices to identify certain
security and counterintelligence concerns.
Sec. 308. Required counterintelligence briefings and notifications.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Sec. 401. Establishment of Climate Security Advisory Council.
Sec. 402. Transfer of National Intelligence University to the Office of
the Director of National Intelligence.
Sec. 403. Death benefits for survivors of Central Intelligence Agency
personnel.
Sec. 404. Foreign Threat Response Center.
TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES
Sec. 501. Annual reports on influence operations and campaigns in the
United States by the Communist Party of
China.
Sec. 502. Report on repression of ethnic Muslim minorities in the
Xinjiang region of the People's Republic of
China.
Sec. 503. Report on efforts by People's Republic of China to influence
election in Taiwan.
Sec. 504. Assessment of legitimate and illegitimate financial and other
assets of Vladimir Putin.
Sec. 505. Assessments of intentions of political leadership of the
Russian Federation.
Sec. 506. Report on death of Jamal Khashoggi.
Sec. 507. Assessments regarding the Northern Triangle and Mexico.
Sec. 508. Sense of Congress and report on Iranian efforts in Syria.
Sec. 509. Annual reports on influence operations and campaigns in the
United States by the Russian Federation.
TITLE VI--FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM
Sec. 601. Definitions.
Sec. 602. Annual strategic intelligence assessment of and comprehensive
report on domestic terrorism.
Sec. 603. Report characterizing domestic terrorism activity within the
United States.
TITLE VII--REPORTS AND OTHER MATTERS
Sec. 701. Modification of requirements for submission to Congress of
certain reports.
Sec. 702. Increased transparency regarding counterterrorism budget of
the United States.
Sec. 703. Task force on illicit financing of espionage and foreign
influence operations.
Sec. 704. Study on role of retired and former personnel of intelligence
community with respect to certain foreign
intelligence operations.
Sec. 705. Report by Director of National Intelligence on fifth-
generation wireless network technology.
Sec. 706. Establishment of 5G prize competition.
Sec. 707. Establishment of deepfakes prize competition.
Sec. 708. Removal and neutralization of IMSI catchers.
Sec. 709. Plan for strengthening the supply chain intelligence
function.
Sec. 710. Securing energy infrastructure.
Sec. 711. Collection, analysis, and dissemination of workforce data.
Sec. 712. Report on best practices to protect privacy and civil
liberties of Chinese Americans.
Sec. 713. Intelligence assessment of relationship between women and
violent extremism.
Sec. 714. Report on use by intelligence community of facial recognition
technology.
Sec. 715. Report on deepfake technology, foreign weaponization of
deepfakes, and related notifications.
Sec. 716. Rule of construction with respect to certain crimes relating
to terrorism.
Sec. 717. Report on international mobile subscriber identity-catchers
and United States national security.
Sec. 718. Whistleblower disclosures to Congress and committees of
Congress.
Sec. 719. Report containing threat assessment on terrorist use of
conventional and advanced conventional
weapons.
Sec. 720. Assessment of homeland security vulnerabilities associated
with certain retired and former personnel
of the intelligence community.
Sec. 721. Expansion of availability of financial assets of Iran to
victims of terrorism.
Sec. 722. Report on terrorist screening database.
Sec. 723. Sense of Congress on Americans and foreign individuals who
contribute to the national security of the
United States who are held captive.
DIVISION B--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018 AND 2019
TITLE XXI--INTELLIGENCE ACTIVITIES
Sec. 2101. Authorization of appropriations.
Sec. 2102. Classified Schedule of Authorizations.
Sec. 2103. Intelligence Community Management Account.
TITLE XXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM
Sec. 2201. Authorization of appropriations.
Sec. 2202. Computation of annuities for employees of the Central
Intelligence Agency.
TITLE XXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 2301. Restriction on conduct of intelligence activities.
Sec. 2302. Increase in employee compensation and benefits authorized by
law.
Sec. 2303. Modification of special pay authority for science,
technology, engineering, or mathematics
positions and addition of special pay
authority for cyber positions.
Sec. 2304. Modification of appointment of Chief Information Officer of
the Intelligence Community.
Sec. 2305. Director of National Intelligence review of placement of
positions within the intelligence community
on the Executive Schedule.
Sec. 2306. Supply Chain and Counterintelligence Risk Management Task
Force.
Sec. 2307. Consideration of adversarial telecommunications and
cybersecurity infrastructure when sharing
intelligence with foreign governments and
entities.
Sec. 2308. Cyber protection support for the personnel of the
intelligence community in positions highly
vulnerable to cyber attack.
Sec. 2309. Elimination of sunset of authority relating to management of
supply-chain risk.
Sec. 2310. Limitations on determinations regarding certain security
classifications.
Sec. 2311. Joint Intelligence Community Council.
Sec. 2312. Intelligence community information technology environment.
Sec. 2313. Report on development of secure mobile voice solution for
intelligence community.
Sec. 2314. Policy on minimum insider threat standards.
Sec. 2315. Submission of intelligence community policies.
Sec. 2316. Expansion of intelligence community recruitment efforts.
TITLE XXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 2401. Authority for protection of current and former employees of
the Office of the Director of National
Intelligence.
Sec. 2402. Designation of the program manager-information sharing
environment.
Sec. 2403. Technical modification to the executive schedule.
Sec. 2404. Chief Financial Officer of the Intelligence Community.
Sec. 2405. Chief Information Officer of the Intelligence Community.
Subtitle B--Central Intelligence Agency
Sec. 2411. Central Intelligence Agency subsistence for personnel
assigned to austere locations.
Sec. 2412. Special rules for certain monthly workers' compensation
payments and other payments for Central
Intelligence Agency personnel.
Sec. 2413. Expansion of security protective service jurisdiction of the
Central Intelligence Agency.
Sec. 2414. Repeal of foreign language proficiency requirement for
certain senior level positions in the
Central Intelligence Agency.
Subtitle C--Office of Intelligence and Counterintelligence of
Department of Energy
Sec. 2421. Consolidation of Department of Energy Offices of
Intelligence and Counterintelligence.
Sec. 2422. Establishment of Energy Infrastructure Security Center.
Sec. 2423. Repeal of Department of Energy Intelligence Executive
Committee and budget reporting requirement.
Subtitle D--Other Elements
Sec. 2431. Plan for designation of counterintelligence component of
Defense Security Service as an element of
intelligence community.
Sec. 2432. Notice not required for private entities.
Sec. 2433. Establishment of advisory board for National Reconnaissance
Office.
Sec. 2434. Collocation of certain Department of Homeland Security
personnel at field locations.
TITLE XXV--ELECTION MATTERS
Sec. 2501. Report on cyber attacks by foreign governments against
United States election infrastructure.
Sec. 2502. Review of intelligence community's posture to collect
against and analyze Russian efforts to
influence the Presidential election.
Sec. 2503. Assessment of foreign intelligence threats to Federal
elections.
Sec. 2504. Strategy for countering Russian cyber threats to United
States elections.
Sec. 2505. Assessment of significant Russian influence campaigns
directed at foreign elections and
referenda.
Sec. 2506. Information sharing with State election officials.
Sec. 2507. Notification of significant foreign cyber intrusions and
active measures campaigns directed at
elections for Federal offices.
Sec. 2508. Designation of counterintelligence officer to lead election
security matters.
TITLE XXVI--SECURITY CLEARANCES
Sec. 2601. Definitions.
Sec. 2602. Reports and plans relating to security clearances and
background investigations.
Sec. 2603. Improving the process for security clearances.
Sec. 2604. Goals for promptness of determinations regarding security
clearances.
Sec. 2605. Security Executive Agent.
Sec. 2606. Report on unified, simplified, Governmentwide standards for
positions of trust and security clearances.
Sec. 2607. Report on clearance in person concept.
Sec. 2608. Reports on reciprocity for security clearances inside of
departments and agencies.
Sec. 2609. Intelligence community reports on security clearances.
Sec. 2610. Periodic report on positions in the intelligence community
that can be conducted without access to
classified information, networks, or
facilities.
Sec. 2611. Information sharing program for positions of trust and
security clearances.
Sec. 2612. Report on protections for confidentiality of whistleblower-
related communications.
TITLE XXVII--REPORTS AND OTHER MATTERS
Subtitle A--Matters Relating to Russia and Other Foreign Powers
Sec. 2701. Limitation relating to establishment or support of
cybersecurity unit with the Russian
Federation.
Sec. 2702. Report on returning Russian compounds.
Sec. 2703. Assessment of threat finance relating to Russia.
Sec. 2704. Notification of an active measures campaign.
Sec. 2705. Notification of travel by accredited diplomatic and consular
personnel of the Russian Federation in the
United States.
Sec. 2706. Report on outreach strategy addressing threats from United
States adversaries to the United States
technology sector.
Sec. 2707. Report on Iranian support of proxy forces in Syria and
Lebanon.
Sec. 2708. Annual report on Iranian expenditures supporting foreign
military and terrorist activities.
Sec. 2709. Expansion of scope of committee to counter active measures
and report on establishment of Foreign
Malign Influence Center.
Subtitle B--Reports
Sec. 2711. Technical correction to Inspector General study.
Sec. 2712. Reports on authorities of the Chief Intelligence Officer of
the Department of Homeland Security.
Sec. 2713. Review of intelligence community whistleblower matters.
Sec. 2714. Report on role of Director of National Intelligence with
respect to certain foreign investments.
Sec. 2715. Report on surveillance by foreign governments against United
States telecommunications networks.
Sec. 2716. Biennial report on foreign investment risks.
Sec. 2717. Modification of certain reporting requirement on travel of
foreign diplomats.
Sec. 2718. Semiannual reports on investigations of unauthorized
disclosures of classified information.
Sec. 2719. Congressional notification of designation of covered
intelligence officer as persona non grata.
Sec. 2720. Reports on intelligence community participation in
vulnerabilities equities process of Federal
Government.
Sec. 2721. Inspectors General reports on classification.
Sec. 2722. Reports on global water insecurity and national security
implications and briefing on emerging
infectious disease and pandemics.
Sec. 2723. Annual report on memoranda of understanding between elements
of intelligence community and other
entities of the United States Government
regarding significant operational
activities or policy.
Sec. 2724. Study on the feasibility of encrypting unclassified wireline
and wireless telephone calls.
Sec. 2725. Modification of requirement for annual report on hiring and
retention of minority employees.
Sec. 2726. Reports on intelligence community loan repayment and related
programs.
Sec. 2727. Repeal of certain reporting requirements.
Sec. 2728. Inspector General of the Intelligence Community report on
senior executives of the Office of the
Director of National Intelligence.
Sec. 2729. Briefing on Federal Bureau of Investigation offering
permanent residence to sources and
cooperators.
Sec. 2730. Intelligence assessment of North Korea revenue sources.
Sec. 2731. Report on possible exploitation of virtual currencies by
terrorist actors.
Subtitle C--Other Matters
Sec. 2741. Public Interest Declassification Board.
Sec. 2742. Technical and clerical amendments to the National Security
Act of 1947.
Sec. 2743. Technical amendments related to the Department of Energy.
Sec. 2744. Sense of Congress on notification of certain disclosures of
classified information.
Sec. 2745. Sense of Congress on consideration of espionage activities
when considering whether or not to provide
visas to foreign individuals to be
accredited to a United Nations mission in
the United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' has the meaning given
such term in section 3 of the National Security Act of 1947 (50
U.S.C. 3003).
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
DIVISION A--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 2020
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2020
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be
appropriated under section 101 for the conduct of the intelligence
activities of the elements listed in paragraphs (1) through (16) of
section 101, are those specified in the classified Schedule of
Authorizations prepared to accompany this 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. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2020 the sum of
$565,637,000.
(b) Classified Authorization of Appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are authorized to be
appropriated for the Intelligence Community Management Account for
fiscal year 2020 such additional amounts as are specified in the
classified Schedule of Authorizations referred to in section 102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability fund $514,000,000 for fiscal year
2020.
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. PAID PARENTAL LEAVE.
(a) Purpose.--The purpose of this section is to--
(1) help the intelligence community recruit and retain a
dynamic, multi-talented, and diverse workforce capable of
meeting the security goals of the United States; and
(2) establish best practices and processes for other
elements of the Federal Government seeking to pursue similar
policies.
(b) Authorization of Paid Parental Leave for Intelligence Community
Employees.--
(1) In general.--Title III of the National Security Act of
1947 (50 U.S.C. 3071 et seq.) is amended by inserting after
section 304 the following:
``SEC. 305. PAID PARENTAL LEAVE.
``(a) Paid Parental Leave.--Notwithstanding any other provision of
law, a civilian employee of an element of the intelligence community
shall have available a total of 12 administrative workweeks of paid
parental leave in the event of the birth of a child of the employee, or
placement of a child with the employee for adoption or foster care in
order to care for such son or daughter. Such paid parental leave shall
be used during the 12-month period beginning on the date of the birth
or placement. Nothing in this section shall be construed to modify or
otherwise affect the eligibility of an employee of an element of the
intelligence community for benefits relating to leave under any other
provision of law.
``(b) Treatment of Parental Leave Request.--Notwithstanding any
other provision of law--
``(1) an element of the intelligence community shall
accommodate an employee's leave request under subsection (a),
including a request to use such leave intermittently or to
create a reduced work schedule, to the extent that the
requested leave schedule does not unduly disrupt operations;
and
``(2) to the extent that an employee's requested leave
described in paragraph (1) arises out of medical necessity
related to a serious health condition connected to the birth of
a child, the employing element shall handle the scheduling
consistent with the treatment of employees who are using leave
under subparagraph (C) or (D) of section 6382(a)(1) of title 5,
United States Code.
``(c) Rules Relating to Paid Leave.--Notwithstanding any other
provision of law--
``(1) an employee may not be required to first use all or
any portion of any unpaid leave available to the employee
before being allowed to use the paid parental leave described
in subsection (a); and
``(2) paid parental leave under subsection (a)--
``(A) shall be payable from any appropriation or
fund available for salaries or expenses for positions
within the employing element;
``(B) may not be considered to be annual or
vacation leave for purposes of section 5551 or 5552 of
title 5, United States Code, or for any other purpose;
``(C) if not used by the employee before the end of
the 12-month period described in subsection (a) to
which the leave relates, may not be available for any
subsequent use and may not be converted into a cash
payment;
``(D) may be granted only to the extent that the
employee does not receive a total of more than 12 weeks
of paid parental leave in any 12-month period beginning
on the date of a birth or placement;
``(E) may not be granted--
``(i) in excess of a lifetime aggregate
total of 30 administrative workweeks based on
placements of a foster child for any individual
employee; or
``(ii) in connection with temporary foster
care placements expected to last less than 1
year;
``(F) may not be granted for a child being placed
for foster care or adoption if such leave was
previously granted to the same employee when the same
child was placed with the employee for foster care in
the past;
``(G) shall be used in increments of hours (or
fractions thereof), with 12 administrative workweeks
equal to 480 hours for employees with a regular full-
time work schedule and converted to a proportional
number of hours for employees with part-time, seasonal,
or uncommon tours of duty; and
``(H) may not be used during off-season (nonpay
status) periods for employees with seasonal work
schedules.
``(d) Implementation Plan.--Not later than 1 year after the date of
the enactment of this section, the Director of National Intelligence
shall submit to the congressional intelligence committees an
implementation plan that includes--
``(1) processes and procedures for implementing the paid
parental leave policies under subsections (a) through (c);
``(2) an explanation of how the implementation of
subsections (a) through (c) will be reconciled with policies of
other elements of the Federal Government, including the impact
on elements funded by the National Intelligence Program that
are housed within agencies outside the intelligence community;
and
``(3) all costs or operational expenses associated with the
implementation of subsections (a) through (c).
``(e) Directive.--Not later than 180 days after the Director of
National Intelligence submits the implementation plan under subsection
(d), the Director of National Intelligence shall issue a written
directive to implement this section, which directive shall take effect
on the date of issuance.
``(f) Annual Report.--The Director of National Intelligence shall
submit to the congressional intelligence committees an annual report
that--
``(1) details the number of employees of each element of
the intelligence community who applied for and took paid
parental leave under subsection (a) during the year covered by
the report;
``(2) details the number of--
``(A) employees of each element of the intelligence
community stationed abroad who applied for and took
paid parental leave under subsection (a) during the
year covered by the report; and
``(B) employees of each element of the intelligence
community stationed abroad who applied for paid
parental leave but such application was not granted
because of an undue impact on operations as specified
in subsection (b)(1); and
``(3) includes updates on major implementation challenges
or costs associated with paid parental leave.
``(g) Definition of Child.--For purposes of this section, the term
`child' means a biological, adopted, or foster child, a stepchild, a
legal ward, or a child of a person standing in loco parentis, who is--
``(1) under 18 years of age; or
``(2) 18 years of age or older and incapable of self-care
because of a mental or physical disability.''.
(2) Clerical amendment.--The table of contents in the
matter preceding section 2 of the National Security Act of 1947
(50 U.S.C. 3002) is amended by inserting after the item
relating to section 304 the following:
``Sec. 305. Paid parental leave.''.
(c) Applicability.--Section 305 of the National Security Act of
1947, as added by subsection (b), shall apply with respect to leave
taken in connection with the birth or placement of a child that occurs
on or after the date on which the Director of National Intelligence
issues the written directive under subsection (e) of such section 305.
SEC. 304. UNFUNDED REQUIREMENTS OF THE INTELLIGENCE COMMUNITY.
(a) In General.--Title V 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. 512. UNFUNDED PRIORITIES OF THE INTELLIGENCE COMMUNITY.
``(a) Briefings.--Upon the request of an appropriate congressional
committee, the Director of National Intelligence shall provide to the
committee a briefing on the unfunded priorities of an element of the
intelligence community.
``(b) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the congressional intelligence committees;
and
``(B) the Committees on Appropriations of the House
of Representatives and the Senate.
``(2) Unfunded priority.--The term `unfunded priority', in
the case of a fiscal year, means a program, activity, or other
initiative of an element of the intelligence community that--
``(A) was submitted by the head of the element to
the Director of National Intelligence in the budget
proposal for the element for that fiscal year, but was
not included by the Director in the consolidated budget
proposal submitted to the President for that fiscal
year; or
``(B) was submitted by the Director in the
consolidated budget proposal submitted to the President
for that fiscal year, but was not included in the
budget of the President submitted to Congress for that
fiscal year pursuant to section 1105 of title 31,
United States Code.''.
(b) Clerical Amendment.--The table of sections in the first section
of such Act is amended by inserting after the item relating to section
511 the following new item:
``Sec. 512. Unfunded priorities of the intelligence community.''.
SEC. 305. EXTENDING THE INTELLIGENCE IDENTITIES PROTECTION ACT OF 1982.
Section 605(4) of the National Security Act of 1947 (50 U.S.C.
3126(4)) is amended--
(1) in subparagraph (A)--
(A) by striking clause (ii);
(B) in clause (i), by striking ``, and'' and
inserting ``;''; and
(C) by striking ``agency--'' and all that follows
through ``whose identity'' and inserting ``agency whose
identity''; and
(2) in subparagraph (B)(i), by striking ``resides and acts
outside the United States'' and inserting ``acts''.
SEC. 306. INTELLIGENCE COMMUNITY PUBLIC-PRIVATE TALENT EXCHANGE.
(a) Policies, Processes, and Procedures Required.--Not later than
270 days after the date of the enactment of this Act, the Director of
National Intelligence shall develop policies, processes, and procedures
to facilitate the rotation of personnel of the intelligence community
to the private sector, and personnel from the private sector to the
intelligence community.
(b) Detail Authority.--Under policies developed by the Director
pursuant to subsection (a), pursuant to a written agreement with a
private-sector organization, and with the consent of the employee, a
head of an element of the intelligence community may arrange for the
temporary detail of an employee of such element to such private-sector
organization, or from such private-sector organization to such element
under this section.
(c) Agreements.--
(1) In general.--A head of an element of the intelligence
community exercising the authority of the head under subsection
(a) shall provide for a written agreement among the element of
the intelligence community, the private-sector organization,
and the employee concerned regarding the terms and conditions
of the employee's detail under this section. The agreement--
(A) shall require that the employee of the element,
upon completion of the detail, serve in the element, or
elsewhere in the civil service if approved by the head
of the element, for a period that is at least equal to
the length of the detail;
(B) shall provide that if the employee of the
element fails to carry out the agreement, such employee
shall be liable to the United States for payment of all
non-salary and benefit expenses of the detail, unless
that failure was for good and sufficient reason, as
determined by the head of the element;
(C) shall contain language informing such employee
of the prohibition on sharing, using, or otherwise
improperly handling classified of unclassified non-
public information for the benefit or advantage of the
private-sector organization;
(D) shall contain language governing the handling
of classified information by such employee during the
detail; and
(E) shall contain language requiring the employee
to acknowledge the obligations of the employee under
section 1905 of title 18, United States Code.
(2) Amount of liability.--An amount for which an employee
is liable under paragraph (1) shall be treated as a debt due
the United States.
(3) Waiver.--The head of an element of the intelligence
community may waive, in whole or in part, collection of a debt
described in paragraph (2) based on a determination that the
collection would be against equity and good conscience and not
in the best interests of the United States, after taking into
account any indication of fraud, misrepresentation, fault, or
lack of good faith on the part of the employee.
(d) Termination.--A detail under this section may, at any time and
for any reason, be terminated by the head of the element of the
intelligence community concerned or the private-sector organization
concerned.
(e) Duration.--
(1) In general.--A detail under this section shall be for a
period of not less than 3 months and not more than 2 years,
renewable up to a total of 3 years.
(2) Longer periods.--A detail under this section may be for
a period in excess of 2 years, but not more than 3 years, if
the head of the element making the detail determines that such
detail is necessary to meet critical mission or program
requirements.
(3) Limitation.--No employee of an element of the
intelligence community may be detailed under this section for
more than a total of 5 years, inclusive of all such details.
(f) Status of Federal Employees Detailed to Private-Sector
Organizations.--
(1) In general.--An employee of an element of the
intelligence community who is detailed to a private-sector
organization under this section shall be considered, during the
period of detail, to be on a regular work assignment in the
element. The written agreement established under subsection
(c)(1) shall address the specific terms and conditions related
to the employee's continued status as a Federal employee.
(2) Requirements.--In establishing a temporary detail of an
employee of an element of the intelligence community to a
private-sector organization, the head of the element shall--
(A) certify that the temporary detail of such
employee shall not have an adverse or negative impact
on mission attainment or organizational capabilities
associated with the detail; and
(B) in the case of an element of the intelligence
community in the Department of Defense, ensure that the
normal duties and functions of such employees are not,
as a result of and during the course of such temporary
detail, performed or augmented by contractor personnel
in violation of the provisions of section 2461 of title
10, United States Code.
(g) Terms and Conditions for Private-Sector Employees.--An employee
of a private-sector organization who is detailed to an element of the
intelligence community under this section--
(1) shall continue to receive pay and benefits from the
private-sector organization from which such employee is
detailed and shall not receive pay or benefits from the
element, except as provided in paragraph (2);
(2) is deemed to be an employee of the element for the
purposes of--
(A) chapters 73 and 81 of title 5, United States
Code;
(B) sections 201, 203, 205, 207, 208, 209, 603,
606, 607, 643, 654, 1905, and 1913 of title 18, United
States Code;
(C) sections 1343, 1344, and 1349(b) of title 31,
United States Code;
(D) chapter 171 of title 28, United States Code
(commonly known as the ``Federal Tort Claims Act'') and
any other Federal tort liability statute;
(E) the Ethics in Government Act of 1978 (5 U.S.C.
App.); and
(F) chapter 21 of title 41, United States Code;
(3) may perform work that is considered inherently
governmental in nature only when requested in writing by the
head of the element;
(4) may not be used to circumvent any limitation or
restriction on the size of the workforce of the element;
(5) shall be subject to the same requirements applicable to
an employee performing the same functions and duties proposed
for performance by the private sector employee; and
(6) in the case of an element of the intelligence community
in the Department of Defense, may not be used to circumvent the
provisions of section 2461 of title 10, United States Code.
(h) Prohibition Against Charging Certain Costs to the Federal
Government.--A private-sector organization may not charge an element of
the intelligence community or any other agency of the Federal
Government, as direct costs under a Federal contract, the costs of pay
or benefits paid by the organization to an employee detailed to an
element of the intelligence community under this section for the period
of the detail and any subsequent renewal periods.
(i) Additional Administrative Matters.--In carrying out this
section, the Director, pursuant to procedures developed under
subsection (a)--
(1) shall, to the degree practicable, ensure that small
business concerns are represented with respect to details
authorized by this section;
(2) may, notwithstanding any other provision of law,
establish criteria for elements of the intelligence community
to use appropriated funds to reimburse small business concerns
for the salaries and benefits of its employees during the
periods when the small business concern agrees to detail its
employees to the intelligence community under this section;
(3) shall take into consideration the question of how
details under this section might best be used to help meet the
needs of the intelligence community, including with respect to
the training of employees;
(4) shall take into consideration areas of private-sector
expertise that are critical to the intelligence community; and
(5) shall establish oversight mechanisms to determine
whether the public-private exchange authorized by this section
improves the efficiency and effectiveness of the intelligence
community.
(j) Definitions.--In this section:
(1) Detail.--The term ``detail'' means, as appropriate in
the context in which such term is used--
(A) the assignment or loan of an employee of an
element of the intelligence community to a private-
sector organization without a change of position from
the intelligence community element that employs the
individual; or
(B) the assignment or loan of an employee of a
private-sector organization to an element of the
intelligence community without a change of position
from the private-sector organization that employs the
individual.
(2) Private-sector organization.--The term ``private-sector
organization'' means--
(A) a for-profit organization; or
(B) a not-for-profit organization.
(3) Small business concern.--The term ``small business
concern'' has the meaning given such term in section 3703(e)(2)
of title 5, United States Code.
SEC. 307. ASSESSMENT OF CONTRACTING PRACTICES TO IDENTIFY CERTAIN
SECURITY AND COUNTERINTELLIGENCE CONCERNS.
(a) Assessment.--
(1) Contracting practices.--The Director of National
Intelligence shall conduct an assessment of the authorities,
policies, processes, and standards used by the elements of the
intelligence community to ensure that the elements
appropriately weigh security and counterintelligence risks in
awarding a contract to a contractor that--
(A) carries out any joint research and development
activities with a covered foreign country; or
(B) performs any contract or other agreement
entered into with a covered foreign country.
(2) Elements.--The assessment under paragraph (1) shall
include the following:
(A) An assessment of whether the authorities,
policies, processes, and standards specified in
paragraph (1) sufficiently identify security and
counterintelligence concerns.
(B) Identification of any authority gaps in such
authorities, policies, processes, and standards that
prevent the intelligence community from considering the
activities specified in subparagraphs (A) and (B) of
paragraph (1) when evaluating offers for a contract.
(3) Consultation.--In carrying out paragraph (1), the
Director shall consult with each head of an element of the
intelligence community.
(b) Report.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the Director shall submit to the
congressional intelligence committees a report on the
assessment under subsection (a)(1).
(2) Matters included.--The report under paragraph (1) shall
include the following:
(A) The assessment under subsection (a)(1).
(B) An identification of any known contractors that
have--
(i) carried out activities specified in
subparagraphs (A) and (B) of subsection (a)(1);
and
(ii) submitted an offer for a contract with
an element of the intelligence community.
(C) A description of the steps that the Director
and the heads of the elements of the intelligence
community took to identify contractors under
subparagraph (B).
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Covered Foreign Country Defined.--In this section, the term
``covered foreign country'' means the government, or any entity
affiliated with the military or intelligence services of, the following
foreign countries:
(1) The People's Republic of China.
(2) The Russian Federation.
(3) The Democratic People's Republic of Korea.
(4) The Islamic Republic of Iran.
SEC. 308. REQUIRED COUNTERINTELLIGENCE BRIEFINGS AND NOTIFICATIONS.
(a) Foreign Counterintelligence and Cybersecurity Threats to
Federal Election Campaigns.--
(1) Reports required.--
(A) In general.--As provided in subparagraph (B),
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:
(i) A description of foreign
counterintelligence and cybersecurity threats
to election campaigns for Federal offices.
(ii) A summary of best practices that
election campaigns for Federal offices can
employ in seeking to counter such threats.
(iii) An identification of any publicly
available resources, including United States
Government resources, for countering such
threats.
(B) Schedule for submittal.--A report under this
subsection shall be made available as follows:
(i) 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.
(ii) In the case of a report regarding an
election for a Federal office during any
subsequent year, not later than the date that
is 1 year before the date of the election.
(C) 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.
(2) 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.
(b) Briefings on Counterintelligence Activities of the Federal
Bureau of Investigation.--
(1) In general.--Title V of the National Security Act of
1947 (50 U.S.C. 3091 et seq.), as amended by section 304, is
further amended by adding at the end the following new section:
``SEC. 513. BRIEFINGS AND NOTIFICATIONS ON COUNTERINTELLIGENCE
ACTIVITIES OF THE FEDERAL BUREAU OF INVESTIGATION.
``(a) Quarterly Briefings.--In addition to, and without any
derogation of, the requirement under section 501 to keep the
congressional intelligence committees fully and currently informed of
the intelligence and counterintelligence activities of the United
States, not less frequently than once each quarter, the Director of the
Federal Bureau of Investigation shall provide to the congressional
intelligence committees a briefing on the counterintelligence
activities of the Federal Bureau of Investigation. Such briefings shall
include, at a minimum, an overview and update of--
``(1) the counterintelligence posture of the Bureau;
``(2) counterintelligence investigations; and
``(3) any other information relating to the
counterintelligence activities of the Bureau that the Director
determines necessary.
``(b) Notifications.--In addition to the quarterly briefings under
subsection (a), the Director of the Federal Bureau of Investigation
shall promptly notify the congressional intelligence committees of any
counterintelligence investigation carried out by the Bureau with
respect to any counterintelligence risk or threat that is related to an
election or campaign for Federal office.
``(c) Guidelines.--
``(1) Development and consultation.--The Director shall
develop guidelines governing the scope of the briefings
provided under subsection (a), the notifications provided under
subsection (b), and the information required by section
308(a)(2) of the Damon Paul Nelson and Matthew Young Pollard
Intelligence Authorization Act for Fiscal Years 2018, 2019, and
2020. The Director shall consult the congressional intelligence
committees during such development.
``(2) Submission.--The Director shall submit to the
congressional intelligence committees--
``(A) the guidelines under paragraph (1) upon
issuance; and
``(B) any updates to such guidelines by not later
than 15 days after making such update.''.
(2) Clerical amendment.--The table of contents at the
beginning of such Act, as amended by section 304, is further
amended by inserting after the item relating to section 512 the
following new item:
``Sec. 513. Briefings and notifications on counterintelligence
activities of the Federal Bureau of
Investigation.''.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
SEC. 401. ESTABLISHMENT OF CLIMATE SECURITY ADVISORY COUNCIL.
(a) Establishment.--Title I of the National Security Act of 1947
(50 U.S.C. 3021 et seq.) is amended by adding at the end the following
new section:
``SEC. 120. CLIMATE SECURITY ADVISORY COUNCIL.
``(a) Establishment.--The Director of National Intelligence shall
establish a Climate Security Advisory Council for the purpose of--
``(1) assisting intelligence analysts of various elements
of the intelligence community with respect to analysis of
climate security and its impact on the areas of focus of such
analysts;
``(2) facilitating coordination between the elements of the
intelligence community and elements of the Federal Government
that are not elements of the intelligence community in
collecting data on, and conducting analysis of, climate change
and climate security; and
``(3) ensuring that the intelligence community is
adequately prioritizing climate change in carrying out its
activities.
``(b) Composition of Council.--
``(1) Members.--The Council shall be composed of the
following individuals appointed by the Director of National
Intelligence:
``(A) An appropriate official from the National
Intelligence Council, who shall chair the Council.
``(B) The lead official with respect to climate and
environmental security analysis from--
``(i) the Central Intelligence Agency;
``(ii) the Bureau of Intelligence and
Research of the Department of State;
``(iii) the National Geospatial-
Intelligence Agency;
``(iv) the Office of Intelligence and
Counterintelligence of the Department of
Energy;
``(v) the Office of the Under Secretary of
Defense for Intelligence; and
``(vi) the Defense Intelligence Agency.
``(C) Three appropriate officials from elements of
the Federal Government that are not elements of the
intelligence community that are responsible for--
``(i) providing decision-makers with a
predictive understanding of the climate;
``(ii) making observations of our Earth
system that can be used by the public,
policymakers, and to support strategic
decisions; or
``(iii) coordinating Federal research and
investments in understanding the forces shaping
the global environment, both human and natural,
and their impacts on society.
``(D) Any other officials as the Director of
National Intelligence or the chair of the Council may
determine appropriate.
``(2) Responsibilities of chair.--The chair of the Council
shall have responsibility for--
``(A) identifying agencies to supply individuals
from elements of the Federal Government that are not
elements of the intelligence community;
``(B) securing the permission of the relevant
agency heads for the participation of such individuals
on the Council; and
``(C) any other duties that the Director of
National Intelligence may direct.
``(c) Duties and Responsibilities of Council.--The Council shall
carry out the following duties and responsibilities:
``(1) To meet at least quarterly to--
``(A) exchange appropriate data between elements of
the intelligence community and elements of the Federal
Government that are not elements of the intelligence
community;
``(B) discuss processes for the routine exchange of
such data and implementation of such processes; and
``(C) prepare summaries of the business conducted
at each meeting.
``(2) To assess and determine best practices with respect
to the analysis of climate security, including identifying
publicly available information and intelligence acquired
through clandestine means that enables such analysis.
``(3) To assess and identify best practices with respect to
prior efforts of the intelligence community to analyze climate
security.
``(4) To assess and describe best practices for identifying
and disseminating climate security indicators and warnings.
``(5) To recommend methods of incorporating analysis of
climate security and the best practices identified under
paragraphs (2) through (4) into existing analytic training
programs.
``(6) To consult, as appropriate, with other elements of
the intelligence community that conduct analysis of climate
change or climate security and elements of the Federal
Government that are not elements of the intelligence community
that conduct analysis of climate change or climate security,
for the purpose of sharing information about ongoing efforts
and avoiding duplication of existing efforts.
``(7) To work with elements of the intelligence community
that conduct analysis of climate change or climate security and
elements of the Federal Government that are not elements of the
intelligence community that conduct analysis of climate change
or climate security--
``(A) to exchange appropriate data between such
elements, establish processes, procedures and practices
for the routine exchange of such data, discuss the
implementation of such processes; and
``(B) to enable and facilitate the sharing of
findings and analysis between such elements.
``(8) To assess whether the elements of the intelligence
community that conduct analysis of climate change or climate
security may inform the research direction of academic work and
the sponsored work of the United States Government.
``(9) At the discretion of the chair of the Council, to
convene conferences of analysts and non-intelligence community
personnel working on climate change or climate security on
subjects that the chair shall direct.
``(d) Sunset.--The Council shall terminate on the date that is 4
years after the date of the enactment of this section.
``(e) Definitions.--In this section:
``(1) Climate security.--The term `climate security' means
the effects of climate change on the following:
``(A) The national security of the United States,
including national security infrastructure.
``(B) Subnational, national, and regional political
stability.
``(C) The security of allies and partners of the
United States.
``(D) Ongoing or potential political violence,
including unrest, rioting, guerrilla warfare,
insurgency, terrorism, rebellion, revolution, civil
war, and interstate war.
``(2) Climate intelligence indications and warnings.--The
term `climate intelligence indications and warnings' means
developments relating to climate security with the potential
to--
``(A) imminently and substantially alter the
political stability or degree of human security in a
country or region; or
``(B) imminently and substantially threaten--
``(i) the national security of the United
States;
``(ii) the military, political, or economic
interests of allies and partners of the United
States; or
``(iii) citizens of the United States
abroad.''.
(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 119B the following new item:
``Sec. 120. Climate Security Advisory Council.''.
(c) Initial Appointments.--Not later than 90 days after the date of
the enactment of this Act, the Director of National Intelligence shall
appoint the members of the Council under section 120 of the National
Security Act of 1947, as added by subsection (a).
SEC. 402. TRANSFER OF NATIONAL INTELLIGENCE UNIVERSITY TO THE OFFICE OF
THE DIRECTOR OF NATIONAL INTELLIGENCE.
(a) Transfer.--Not later than 90 days after the date of the
enactment of this Act, the Director of the Defense Intelligence Agency
shall transfer to the Director of National Intelligence the National
Intelligence University, including the functions, personnel, assets,
and liabilities of the University.
(b) Degree-Granting Authority.--
(1) Regulations.--Under regulations prescribed by the
Director of National Intelligence, the President of the
National Intelligence University may, upon the recommendation
of the faculty of the University, confer appropriate degrees
upon graduates who meet the degree requirements.
(2) Limitation.--A degree may not be conferred under this
section unless--
(A) the appropriate head of a Department of the
Federal Government has recommended approval of the
degree in accordance with any Federal policy applicable
to the granting of academic degrees by departments and
agencies of the Federal Government; and
(B) the University is accredited by the appropriate
civilian academic accrediting agency or organization to
award the degree, as determined by such appropriate
head of a Department.
(c) Congressional Notification Requirements.--
(1) Notification.--When seeking to establish degree-
granting authority under this section, the Director shall
submit to the congressional intelligence committees--
(A) a copy of the self-assessment questionnaire
required by the Federal policy specified in subsection
(b)(2)(A); and
(B) any subsequent recommendations and rationale of
the appropriate head of a Department specified in such
subsection regarding establishing such degree-granting
authority.
(2) Modification.--Upon any modification or redesignation
of existing degree-granting authority, the Director shall
submit to the congressional intelligence committees a report
containing the rationale for the proposed modification or
redesignation and any subsequent recommendation described in
paragraph (1)(B) with respect to the proposed modification or
redesignation.
(3) Actions on nonaccreditation.--The Director shall submit
to the congressional intelligence committees a report
containing an explanation of any action by the appropriate
academic accrediting agency or organization not to accredit the
University to award any new or existing degree.
(d) Conforming Repeal.--Effective 90 days after the date of the
enactment of this Act, section 2161 of title 10, United States Code, is
repealed, and the table of sections at the beginning of chapter 108 of
such title is amended by striking the item relating to such section
2161.
SEC. 403. DEATH BENEFITS FOR SURVIVORS OF CENTRAL INTELLIGENCE AGENCY
PERSONNEL.
(a) Sense of Congress.--It is the sense of Congress that--
(1) officers of the Central Intelligence Agency who die
during a period of assignment to a duty station in a foreign
country should receive death benefits, regardless of whether
the officers--
(A) were killed on or off duty;
(B) were killed due to an act of terrorism; or
(C) have surviving dependents;
(2) section 8 of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3510) has provided the Agency an appropriate
authority for compensating officers who die abroad who fall
into any gaps in existing death benefit regulations of the
Agency, even before the clarifying amendments made by this Act;
(3) notwithstanding that the improved authority provided by
section 11(c) of such Act (50 U.S.C. 3511(c)), as added by
subsection (c) of this section, is permissive, the Director of
the Agency should promptly use such authority to modify the
regulations on death benefits of the Agency to implement such
section 11(c);
(4) the Director should not modify such regulations in a
manner that limits or reduces the individuals covered by such
regulations as in effect on the day before the date of the
enactment of this Act; and
(5) upon modifying such regulations, the Director should
submit such regulations to the congressional intelligence
committees pursuant to section 11(b) of such Act.
(b) Clarification of Current Authority.--Section 8 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3510) is amended by
inserting before ``rental of'' the following: ``payment of death
benefits in cases in which the circumstances of the death of an
employee of the Agency is not covered by section 11, other similar
provisions of Federal law, or any regulation issued by the Director
providing death benefits, but that the Director determines such payment
appropriate;''.
(c) Improvements to Benefits.--
(1) Requirements.--Section 11 of such Act (50 U.S.C. 3511)
is amended by adding at the end the following new subsections:
``(c) Payments.--(1) In carrying out subsection (a), the Director
may pay to the survivor of a deceased covered individual an amount
equal to 1 year's salary at level II of the Executive Schedule under
section 5313 of title 5, United States Code.
``(2) A covered individual may designate one or more persons to
receive all or a portion of the amount payable to a survivor under
paragraph (1). The designation of a person to receive a portion of the
amount shall indicate the percentage of the amount, to be specified
only in 10 percent increments, that the designated person may receive.
The balance of the amount, if any, shall be paid in accordance with
subsection (f)(2)(B).
``(d) Exception.--The Director may not make a payment under
subsection (a) if the Director determines that the death was by reason
of willful misconduct by the decedent.
``(e) Finality.--Any determination made by the Director under this
section is final and may not be reviewed.
``(f) Definitions.--In this section:
``(1) The term `covered individual' means any of the
following individuals who die during a period of assignment to
a duty station in a foreign country, regardless of whether the
death is the result of injuries sustained while in the
performance of duty:
``(A) An employee of the Agency.
``(B) An employee of an element of the Federal
Government other than the Agency who is detailed or
assigned to the Agency at the time of death.
``(C) An individual affiliated with the Agency, as
determined by the Director.
``(2) The term `State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
Commonwealth of the Northern Mariana Islands, and any territory
or possession of the United States.
``(3) The term `survivor' means, with respect to the death
of a covered individual--
``(A) a person designated by the covered individual
under subsection (c)(2); or
``(B) if a covered individual does not make such a
designation--
``(i) the surviving spouse of the covered
individual, if any;
``(ii) if there is no surviving spouse, any
surviving children of the covered individual
and the descendants of any deceased children by
representation;
``(iii) if there is none of the above, the
surviving parents of the covered individual or
the survivor of the parents.
``(iv) if there is none of the above, the
duly-appointed executor or administrator of the
estate of the covered individual; or
``(v) if there is none of the above, other
next of kin of the covered individual entitled
under the laws of the last State in which the
covered individual was domiciled before the
covered individual's death.''.
(2) Application.--Section 11 of such Act, as amended by
paragraph (1), shall apply with respect to the following:
(A) Deaths occurring during the period beginning on
September 11, 2001, and ending on the day before the
date of the enactment of this Act for which the
Director of the Central Intelligence Agency has not
paid a death benefit to the survivors of the decedent
equal to or greater than the amount specified in
subsection (c)(1) of such section 11, except that the
total of any such death benefits may not exceed such
amount specified in subsection (c)(1) of such section
11.
(B) Deaths occurring on or after the date of the
enactment of this Act.
(3) Designations.--If the Director carries out subsection
(c) of section 11 of such Act, as added by paragraph (1), the
Director shall--
(A) request all covered individuals (as defined in
such section 11) to make a designation under paragraph
(2) of such subsection (c); and
(B) ensure that any new covered individual may make
such a designation at the time at which the individual
becomes a covered individual.
(d) Briefing on Provision of VA and DOD Health Care Services to CIA
Officers.--
(1) Findings.--Congress finds that officers of the Central
Intelligence Agency--
(A) serve, and have served, overseas in dangerous
areas or austere environments;
(B) may be wounded, incur brain or psychological
trauma, or suffer from other chronic injuries as a
result of such service; and
(C) face challenges in getting the expert medical
and psychological care the officers need when the
officers return to the United States.
(2) Requirement.--Not later than 180 days after the date of
the enactment of this Act, the General Counsel of the Central
Intelligence Agency and the Deputy Director of the Agency for
Operations, in coordination with the Under Secretary of
Veterans Affairs for Health and the Director of the Defense
Health Agency of the Department of Defense, shall jointly
provide to the appropriate congressional committees a briefing
on--
(A) the extent to which the Director of the Agency
believes that the officers of the Agency could benefit
from health care services provided by the Secretary of
Veterans Affairs, the Secretary of Defense, or both;
(B) the legal and policy constraints with respect
to providing such services to such officers; and
(C) recommendations with respect to the legislative
or regulatory actions that Congress, the Secretary of
Veterans Affairs, and the Secretary of Defense could
implement to facilitate the provision of such services.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services and the
Committee on Veterans' Affairs of the House of
Representatives; and
(C) the Committee on Armed Services and the
Committee on Veterans' Affairs of the Senate.
SEC. 404. FOREIGN THREAT RESPONSE CENTER.
(a) Establishment.--The National Security Act of 1947 (50 U.S.C.
3001 et seq.) is amended by inserting after section 119B the following
new section:
``SEC. 119C. FOREIGN THREAT RESPONSE CENTER.
``(a) Establishment.--There is within the Office of the Director of
National Intelligence a Foreign Threat Response Center (in this section
referred to as the `Center').
``(b) Mission.--The primary missions of the Center shall be as
follows:
``(1) To serve as the primary organization in the United
States Government for analyzing and integrating all
intelligence possessed or acquired by the United States
Government pertaining to foreign threats.
``(2) To synchronize the efforts of the intelligence
community with respect to countering foreign efforts to
undermine the national security, political sovereignty, and
economic activity of the United States and the allies of the
United States, including by--
``(A) ensuring that each such element is aware of
and coordinating on such efforts; and
``(B) overseeing the development and implementation
of comprehensive and integrated policy responses to
such efforts.
``(3) In coordination with the relevant elements of the
Department of State, the Department of Defense, the Federal
Bureau of Investigation, the intelligence community, and other
departments and agencies of the United States--
``(A) to develop policy recommendations for the
President to detect, deter, and respond to foreign
threats, including with respect to covert activities
pursuant to section 503; and
``(B) to monitor and assess foreign efforts to
carry out such threats.
``(4) In coordination with the head of the Global
Engagement Center established by section 1287 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328), to examine current and emerging foreign efforts to use
propaganda and information operations relating to the threats
described in paragraph (1).
``(5) To identify and close gaps across the departments and
agencies of the Federal Government with respect to expertise,
readiness, and planning to address foreign threats.
``(c) Director.--
``(1) Appointment.--There is a Director of the Center, who
shall be the head of the Center, and who shall be appointed by
the Director of National Intelligence, with the concurrence of
the Secretary of State. The Director may not simultaneously
serve in any other capacity in the executive branch.
``(2) Reporting.--The Director of the Center shall directly
report to the Director of National Intelligence.
``(3) Responsibilities.--The Director of the Center shall--
``(A) ensure that the relevant departments and
agencies of the Federal Government participate in the
mission of the Center, including by recruiting
detailees from such departments and agencies in
accordance with subsection (e)(1); and
``(B) have primary responsibility within the United
States Government, in coordination with the Director of
National Intelligence, for establishing requirements
for the collection of intelligence related to, or
regarding, foreign threats, in accordance with
applicable provisions of law and Executive orders.
``(d) Annual Reports.--
``(1) In general.--At the direction of the Director of
National Intelligence, but not less than once each year, the
Director of the Center shall submit to the appropriate
congressional committees a report on foreign threats.
``(2) Matters included.--Each report under paragraph (1)
shall include, with respect to the period covered by the
report, a discussion of the following:
``(A) The nature of the foreign threats.
``(B) The ability of the United States Government
to address such threats.
``(C) The progress of the Center in achieving its
missions.
``(D) Recommendations the Director determines
necessary for legislative actions to improve the
ability of the Center to achieve its missions.
``(3) Form.--Each report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
``(e) Employees.--
``(1) Detailees.--Any Federal Government employee may be
detailed to the Center on a reimbursable or nonreimbursable
basis, and such detail shall be without interruption or loss of
civil service status or privilege for a period of not more than
8 years.
``(2) Personal service contractors.--The Director of
National Intelligence, in consultation with the Secretary of
State, may hire United States citizens or aliens as personal
services contractors for purposes of personnel resources of the
Center, if--
``(A) the Director of National Intelligence
determines that existing personnel resources are
insufficient;
``(B) the period in which services are provided by
a personal services contractor, including options, does
not exceed 3 years, unless the Director of National
Intelligence determines that exceptional circumstances
justify an extension of up to 1 additional year;
``(C) not more than 10 United States citizens or
aliens are employed as personal services contractors
under the authority of this paragraph at any time; and
``(D) the authority of this paragraph is only used
to obtain specialized skills or experience or to
respond to urgent needs.
``(3) Security clearances.--Each employee detailed to the
Center and contractor of the Center shall have the security
clearance appropriate for the assigned duties of the employee
or contractor.
``(f) Board.--
``(1) Establishment.--There is established a Board of the
Foreign Threat Response Center (in this section referred to as
the `Board').
``(2) Functions.--The Board shall conduct oversight of the
Center to ensure the Center is achieving the missions of the
Center. In conducting such oversight, upon a majority vote of
the members of the Board, the Board may recommend to the
Director of National Intelligence that the Director of the
Center should be removed for failing to achieve such missions.
``(3) Membership.--
``(A) Appointment.--The Board shall consist of
seven members. The head of each department or agency of
the Federal Government specified in subparagraph (B)
shall appoint a senior official from that department or
agency, who shall be a member of the Senior Executive
Service, as a member.
``(B) Departments and agencies represented.--The
department or agency of the Federal Government
specified in this subparagraph are the following:
``(i) The Department of State.
``(ii) The Department of Defense.
``(iii) The Department of Justice.
``(iv) The Department of the Treasury.
``(v) The Department of Homeland Security.
``(vi) The Central Intelligence Agency.
``(vii) The Federal Bureau of
Investigation.
``(4) Meetings.--The Board shall meet not less than
biannually and shall be convened by the member appointed by the
Secretary of State.
``(g) International Engagement.--The Director of the Center may
convene biannual conferences to coordinate international efforts
against foreign threats.
``(h) Termination.--The Center shall terminate on the date that is
8 years after the date of the enactment of this section.
``(i) Definitions.--In this section:
``(1) Appropriate congressional committees.--the term
`appropriate congressional committees' means--
``(A) the congressional intelligence committees;
``(B) the Committee on Foreign Affairs and the
Committee on Armed Services of the House of
Representatives; and
``(C) the Committee on Foreign Relations and the
Committee on Armed Services of the Senate.
``(2) Foreign threats.--The term `foreign threats' means
efforts to influence, through overt or covert malign
activities, the national security, political sovereignty, or
economic activity of the United States or the allies of the
United States, made by the government of any of the following
foreign countries:
``(A) Russia.
``(B) Iran.
``(C) North Korea.
``(D) China.
``(E) Any other foreign country that the Director
determines appropriate for purposes of this section.''.
(b) Clerical Amendment.--The table of contents at the beginning of
such Act is amended by inserting after the item relating to section
119B the following new item:
``Sec. 119C. Foreign Threat Response Center.''.
(c) Conforming Amendment.--Section 507(a) of such Act (50 U.S.C.
3106) is amended by adding at the end the following new paragraph:
``(6) An annual report submitted under section
119C(d)(1).''.
TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES
SEC. 501. ANNUAL REPORTS ON INFLUENCE OPERATIONS AND CAMPAIGNS IN THE
UNITED STATES BY THE COMMUNIST PARTY OF CHINA.
(a) Reports.--Title XI of the National Security Act of 1947 (50
U.S.C. 3231 et seq.), as amended by section 2718, is further amended by
adding at the end the following new section:
``SEC. 1106. ANNUAL REPORTS ON INFLUENCE OPERATIONS AND CAMPAIGNS IN
THE UNITED STATES BY THE COMMUNIST PARTY OF CHINA.
``(a) Requirement.--On an annual basis, consistent with the
protection of intelligence sources and methods, the Director of the
National Counterintelligence and Security Center shall submit to the
congressional intelligence committees, the Committee on Foreign Affairs
of the House of Representatives, and the Committee on Foreign Relations
of the Senate a report on the influence operations and campaigns in the
United States conducted by the Communist Party of China.
``(b) Contents.--Each report under subsection (a) shall include the
following:
``(1) A description of the organization of the United Front
Work Department of the People's Republic of China, or the
successors of the United Front Work Department, and the links
between the United Front Work Department and the Central
Committee of the Communist Party of China.
``(2) An assessment of the degree to which organizations
that are associated with or receive funding from the United
Front Work Department, particularly such entities operating in
the United States, are formally tasked by the Chinese Communist
Party or the Government of China.
``(3) A description of the efforts by the United Front Work
Department and subsidiary organizations of the United Front
Work Department to target, coerce, and influence foreign
populations, particularly those of ethnic Chinese descent.
``(4) An assessment of attempts by the Chinese Embassy,
consulates, and organizations affiliated with the Chinese
Communist Party (including, at a minimum, the United Front Work
Department) to influence the United States-based Chinese
Student Scholar Associations.
``(5) A description of the evolution of the role of the
United Front Work Department under the leadership of the
President of China.
``(6) An assessment of the activities of the United Front
Work Department designed to influence the opinions of elected
leaders of the United States, or candidates for elections in
the United States, with respect to issues of importance to the
Chinese Communist Party.
``(7) A listing of all known organizations affiliated with
the United Front Work Department that are operating in the
United States as of the date of the report.
``(8) With respect to reports submitted after the first
report, an assessment of the change in goals, tactics,
techniques, and procedures of the influence operations and
campaigns conducted by the Chinese Communist Party.
``(c) Coordination.--In carrying out subsection (a), the Director
shall coordinate with the Director of the Federal Bureau of
Investigation, the Director of the Central Intelligence Agency, the
Director of the National Security Agency, and any other relevant head
of an element of the intelligence community.
``(d) Form.--Each report submitted under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.''.
(b) Clerical Amendment.--The table of contents in the first section
of the National Security Act of 1947, as amended by section 2718, is
further amended by inserting after the item relating to section 1105
the following new item:
``Sec. 1106. Annual reports on influence operations and campaigns in
the United States by the Communist Party of
China.''.
(c) Initial Report.--The Director of the National
Counterintelligence and Security Center shall submit to the
congressional intelligence committees, the Committee on Foreign Affairs
of the House of Representatives, and the Committee on Foreign Relations
of the Senate the first report under section 1106 of the National
Security Act of 1947, as added by subsection (a), by not later than 180
days after the date of the enactment of this Act.
SEC. 502. REPORT ON REPRESSION OF ETHNIC MUSLIM MINORITIES IN THE
XINJIANG REGION OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) Report.--Not later than 150 days after the date of the
enactment of this Act, consistent with the protection of intelligence
sources and methods, the Director of National Intelligence shall submit
to the congressional intelligence committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on Foreign
Relations of the Senate a report on activity by the People's Republic
of China to repress ethnic Muslim minorities in the Xinjiang region of
China.
(b) Contents.--The report under subsection (a) shall include the
following:
(1) An assessment of the number of individuals detained in
``political reeducation camps'', and the conditions in such
camps for detainees, in the Xinjiang region of China, including
whether detainees endure torture, forced renunciation of faith,
or other mistreatment.
(2) A description, as possible, of the geographic location
of such camps.
(3) A description, as possible, of the methods used by
China to ``reeducate'' detainees and the elements of China
responsible for such ``reeducation''.
(4) A description of any forced labor in such camps, and
any labor performed in regional factories for low wages under
the threat of being sent back to ``political reeducation
camps''.
(5) An assessment of the level of access China grants to
foreign persons observing the situation in Xinjiang and a
description of measures used to impede efforts to monitor the
conditions in Xinjiang.
(6) An assessment of the surveillance, detection, and
control methods used by China to target ethnic minorities,
including new ``high-tech'' policing models and a description
of any civil liberties or privacy protections provided under
such models.
(7) An assessment and identification of the technological
and financial support provided by United States-based
companies, including technological support for the development
of facial recognition capabilities or technologies for digital
surveillance, social control, or censorship, and financial
support, including from financial institutions, investment
vehicles, and pension funds, to China-based companies or
Chinese government entities providing material support to the
digital surveillance or repression of Uyghur and other ethnic
minorities in Xinjiang by the Xinjiang authorities.
(c) Coordination.--The Director of National Intelligence shall
carry out subsection (a) in coordination with the Director of the
Central Intelligence Agency, the Director of the National Security
Agency, the Director of the National Geospatial-Intelligence Agency,
and the head of any other agency of the Federal Government that the
Director of National Intelligence determines appropriate.
(d) Form.--The report submitted under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 503. REPORT ON EFFORTS BY PEOPLE'S REPUBLIC OF CHINA TO INFLUENCE
ELECTION IN TAIWAN.
(a) Report.--Consistent with section 3(c) of the Taiwan Relations
Act (Public Law 96-8; 22 U.S.C. 3302(c)), and consistent with the
protection of intelligence sources and methods, not later than 45 days
after the date of the election for the President and Vice President of
Taiwan in 2020, the Director of National Intelligence shall submit to
the congressional intelligence committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on Foreign
Relations of the Senate a report on any--
(1) influence operations conducted by China to interfere in
or undermine such election; and
(2) efforts by the United States to disrupt such
operations.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) A description of any significant efforts by the
intelligence community to coordinate technical and material
support for Taiwan to identify, disrupt, and combat influence
operations specified in subsection (a)(1).
(2) A description of any efforts by the United States
Government to build the capacity of Taiwan to disrupt external
efforts that degrade a free and fair election process.
(3) An assessment of whether and to what extent China
conducted influence operations specified in subsection (a)(1),
and, if such operations occurred--
(A) a comprehensive list of specific governmental
and nongovernmental entities of China that were
involved in supporting such operations and a
description of the role of each such entity; and
(B) an identification of any tactics, techniques,
and procedures used in such operations.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 504. ASSESSMENT OF LEGITIMATE AND ILLEGITIMATE FINANCIAL AND OTHER
ASSETS OF VLADIMIR PUTIN.
(a) Sense of Congress.--It is the sense of Congress that the United
States should do more to expose the corruption of Vladimir Putin, whose
ill-gotten wealth is perhaps the most powerful global symbol of his
dishonesty and his persistent efforts to undermine the rule of law and
democracy in the Russian Federation.
(b) Assessment.--Not later than 180 days after the date of the
enactment of this Act, consistent with the protection of intelligence
sources and methods, the Director of National Intelligence shall submit
to the appropriate congressional committees an assessment, based on all
sources of intelligence, on the net worth and financial and other
assets, legitimate as well as illegitimate, of Russian President
Vladimir Putin and his family members, including--
(1) the estimated net worth of Vladimir Putin and his
family members;
(2) a description of their legitimately and illegitimately
obtained assets, including all real, personal, and intellectual
property, bank or investment or similar accounts, and any other
financial or business interests or holdings, including those
outside of Russia;
(3) the details of the legitimately and illegitimately
obtained assets, including real, personal, and intellectual
property, bank or investment or similar accounts, and any other
financial or business interests or holdings, including those
outside of Russia, that are owned or controlled by, accessible
to, or otherwise maintained for the benefit of Vladimir Putin,
including their nature, location, manner of acquisition, value,
and publicly named owner (if other than Vladimir Putin);
(4) the methods used by Vladimir Putin or others acting at
his direction, with his knowledge, or for his benefit, to
conceal Putin's interest in his accounts, holdings, or other
assets, including the establishment of ``front'' or shell
companies and the use of intermediaries; and
(5) an identification of the most significant senior
Russian political figures, oligarchs, and any other persons who
have engaged in activity intended to conceal the true financial
condition of Vladimir Putin.
(c) Form.--The assessment required under subsection (b) shall be
submitted either--
(1) in unclassified form to the extent consistent with the
protection of intelligence sources and methods, and may include
a classified annex; or
(2) simultaneously as both an unclassified version and a
classified version.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Select Committee on Intelligence, the Committee on
Foreign Relations, the Committee on Banking, Housing, and Urban
Affairs, and the Committee on Finance of the Senate; and
(2) the Permanent Select Committee on Intelligence,
Committee on Foreign Affairs, the Committee on Financial
Services, and the Committee on Ways and Means of the House of
Representatives.
SEC. 505. ASSESSMENTS OF INTENTIONS OF POLITICAL LEADERSHIP OF THE
RUSSIAN FEDERATION.
(a) In General.--Not later than 90 days after the date of the
enactment of this Act, consistent with the protection of intelligence
sources and methods, the Director of National Intelligence, and the
head of any element of the intelligence community that the Director
determines appropriate, shall submit to the appropriate congressional
committees each of the assessments described in subsection (b).
(b) Assessments Described.--The assessments described in this
subsection are assessments based on intelligence obtained from all
sources that assess the current intentions of the political leadership
of the Russian Federation with respect to the following:
(1) Potential military action against members of the North
Atlantic Treaty Organization (NATO).
(2) Potential responses to an enlarged United States or
NATO military presence in eastern Europe or to increased United
States military support for allies and partners in the region,
such as the provision of additional lethal military equipment
to Ukraine or Georgia.
(3) Potential actions taken for the purpose of exploiting
perceived divisions among the governments of Russia's Western
adversaries.
(c) Form.--Each assessment required under subsection (a) may be
submitted in classified form but shall also include an unclassified
executive summary, consistent with the protection of intelligence
sources and methods.
(d) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Permanent Select Committee on Intelligence, the
Committee on Foreign Affairs, and the Committee on Armed
Services of the House of Representatives; and
(2) the Select Committee on Intelligence, the Committee on
Foreign Relations, and the Committee on Armed Services of the
Senate.
SEC. 506. REPORT ON DEATH OF JAMAL KHASHOGGI.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, consistent with the protection of intelligence
sources and methods, the Director of National Intelligence shall submit
to the congressional intelligence committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on Foreign
Relations of the Senate a report on the death of Jamal Khashoggi. Such
report shall include identification of those who carried out,
participated in, ordered, or were otherwise complicit in or responsible
for the death of Jamal Khashoggi, to the extent consistent with the
protection of sources and methods.
(b) Form.--The report submitted under subsection (a) shall be
submitted in unclassified form.
SEC. 507. ASSESSMENTS REGARDING THE NORTHERN TRIANGLE AND MEXICO.
(a) Assessments of Activities by Drug Trafficking Organizations in
the Northern Triangle and Mexico.--
(1) Report.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence,
in coordination with the Chief of Intelligence of the Drug
Enforcement Administration and the Assistant Secretary of State
for Intelligence and Research, shall submit to the appropriate
congressional committees a report containing an analytical
assessment of the activities of drug trafficking organizations
in the Northern Triangle and Mexico. Such assessment shall
include, at a minimum--
(A) an assessment of the effect of drug trafficking
organizations on the security and economic situation in
the Northern Triangle;
(B) an assessment of the effect of the activities
of drug trafficking organizations on the migration of
persons from the Northern Triangle to the United
States-Mexico border;
(C) a summary of any relevant activities by
elements of the intelligence community in relation to
drug trafficking organizations in the Northern Triangle
and Mexico;
(D) a summary of key methods and routes used by
drug trafficking organizations in the Northern Triangle
and Mexico to the United States;
(E) an assessment of the intersection between the
activities of drug trafficking organizations, human
traffickers and human smugglers, and other organized
criminal groups in the Northern Triangle and Mexico;
and
(F) an assessment of the illicit funds and
financial transactions that support the activities of
drug trafficking organizations and connected criminal
enterprises in the Northern Triangle and Mexico.
(2) Form.--The report required by paragraph (2) may be
submitted in classified form, but if so submitted, shall
contain an unclassified summary.
(3) Availability.--The report under paragraph (1), or the
unclassified summary of the report described in paragraph (2),
shall be made publicly available.
(b) Assessment of Human Trafficking and Smuggling From the Northern
Triangle to the United States-Mexico Border.--
(1) Report required.--Not later than 90 days after the date
of the enactment of this Act, the Director of National
Intelligence, in coordination with the Under Secretary of
Homeland Security for Intelligence and Analysis and the
Assistant Secretary of State for Intelligence and Research,
shall submit to the appropriate congressional committees a
report containing an analytical assessment of human trafficking
and human smuggling by individuals and organizations in the
Northern Triangle and Mexico. Such assessment shall include, at
a minimum--
(A) an assessment of the effect of human
trafficking and human smuggling on the security and
economic situation in the Northern Triangle;
(B) a summary of any relevant activities by
elements of the intelligence community in relation to
human trafficking and human smuggling in the Northern
Triangle and Mexico;
(C) an assessment of the methods and routes used by
human traffickers and human smuggler organizations to
move persons from the Northern Triangle to the United
States-Mexico border;
(D) an assessment of the intersection between the
activities of human traffickers and human smugglers,
drug trafficking organizations, and other organized
criminal groups in the Northern Triangle and Mexico;
and
(E) an assessment of the illicit funds and
financial transactions that support the activities of
human traffickers and human smugglers and connected
criminal enterprises in the Northern Triangle and
Mexico.
(2) Form.--The report required by paragraph (1) may be
submitted in classified form, but if so submitted, shall
contain an unclassified summary.
(3) Availability.--The report under paragraph (1), or the
unclassified summary of the report described in paragraph (2),
shall be made publicly available.
(c) Prioritization of Intelligence Resources for the Northern
Triangle and Mexico.--
(1) Review of intelligence community efforts in northern
triangle and mexico.--The Director of National Intelligence, in
coordination with the Under Secretary of Homeland Security for
Intelligence and Analysis, the Assistant Secretary of State for
Intelligence and Research, the Chief of Intelligence of the
Drug Enforcement Administration, and other appropriate
officials in the intelligence community, shall carry out a
comprehensive review of the current intelligence collection
priorities of the intelligence community for the Northern
Triangle and Mexico in order to identify whether such
priorities are appropriate and sufficient in light of the
threat posed by the activities of drug trafficking
organizations and human traffickers and human smugglers to the
security of the United States and the Western Hemisphere.
(2) Report and briefings.--
(A) Report on initial review.--Not later than 120
days after the date of the enactment of this Act, the
Director of National Intelligence shall submit to the
congressional intelligence committees a comprehensive
description of the results of the review required by
paragraph (1), including whether the priorities
described in that paragraph are appropriate and
sufficient in light of the threat posed by the
activities of drug trafficking organizations and human
traffickers and human smugglers to the security of the
United States and the Western Hemisphere. If the report
concludes that such priorities are not so appropriate
and sufficient, the report shall also include a
description of the actions to be taken to modify such
priorities in order to assure that such priorities are
so appropriate and sufficient.
(B) Quarterly briefings.--Not later than 90 days
after the date on which the report under subparagraph
(A) is submitted, and every 90 days thereafter for a 5-
year period, the Director of National Intelligence
shall provide to the congressional intelligence
committees a briefing on the intelligence community's
collection priorities and activities in the Northern
Triangle and Mexico with a focus on the threat posed by
the activities of drug trafficking organizations and
human traffickers and human smugglers to the security
of the United States and the Western Hemisphere. The
first briefing under this subparagraph shall also
include a description of the amount of funds expended
by the intelligence community to the efforts described
in paragraph (1) during each of fiscal years 2018 and
2019.
(3) Form.--The report and briefings required by paragraph
(2) may be submitted or provided in classified form, but if so
submitted or provided, shall include an unclassified summary.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee
on Homeland Security, and the Permanent Select
Committee on Intelligence of the House of
Representatives; and
(B) the Committee on Foreign Relations, the
Committee on Homeland Security and Governmental
Affairs, and the Select Committee on Intelligence of
the Senate.
(2) Human trafficking.--The term ``human trafficking'' has
the meaning given the term ``severe forms of trafficking in
persons'' by section 103 of the Victims of Trafficking and
Violence Protection Act of 2000 (22 U.S.C. 7102).
(3) Northern triangle.--The term ``Northern Triangle''
means El Salvador, Guatemala, and Honduras.
SEC. 508. SENSE OF CONGRESS AND REPORT ON IRANIAN EFFORTS IN SYRIA.
(a) Sense of Congress.--It is the sense of Congress that,
regardless of the ultimate number of United States military personnel
deployed to Syria, it is a vital interest of the United States to
prevent the Islamic Republic of Iran, Hizbollah, and other Iranian-
backed forces from establishing a strong and enduring presence in Syria
that can be used to project power in the region and threaten the United
States and its allies, including Israel.
(b) Report.--
(1) Report required.--Not later than 180 days after the
date of enactment of this Act, the Director of National
Intelligence, in coordination with the Secretary of State and
the Secretary of Defense, shall submit to the appropriate
congressional committees a report that assesses--
(A) efforts by Iran to establish long-term
influence in Syria through military, political,
economic, social, and cultural means; and
(B) the threat posed by such efforts to United
States interests and allies.
(2) Elements.--The report under paragraph (1) shall include
each of the following:
(A) An assessment of--
(i) how Iran and Iranian-backed forces,
including the Islamic Revolutionary Guard Corps
and Hizbollah, have provided or are currently
providing manpower, training, weapons,
equipment, and funding to the Syrian government
led by President Bashar al-Assad;
(ii) the support provided by Iran and
Hizbollah to Shia militias operating in Syria
that are composed of domestic fighters from
Syria and foreign fighters from countries like
Afghanistan, Iraq, Lebanon, and Pakistan;
(iii) the threat posed by Iran and Iranian-
backed forces to the al-Tanf garrison and to
areas of northeast Syria that are currently
controlled by local partner forces of the
United States;
(iv) the degree to which efforts of the
United States to sustain and strengthen Kurdish
forces in Syria may undermine the influence of
Iran and Iranian-backed forces in Syria;
(v) how Iran and Iranian-backed forces seek
to enhance the long-term influence of such
entities in Syria through non-military means
such as purchasing strategic real estate in
Syria, constructing Shia religious centers and
schools, securing loyalty from Sunni tribes in
exchange for material assistance, and inducing
the Assad government to open Farsi-language
departments at Syrian universities; and
(vi) whether the prominent role of Iran in
Syria, including the influence of Iran over
government institutions, may increase the
likelihood of the reconstitution of the Islamic
State of Iraq and Syria in Syria.
(B) An analysis of--
(i) how Iran is working with the Russian
Federation, Turkey, and other countries to
increase the influence of Iran in Syria; and
(ii) the goals of Iran in Syria, including,
but not limited to, protecting the Assad
government, increasing the regional influence
of Iran, threatening Israel from a more
proximate location, building weapon-production
facilities and other military infrastructure,
and securing a land bridge to connect Iran
through Iraq and Syria to the stronghold of
Hizbollah in southern Lebanon.
(C) A description of--
(i) how the efforts of Iran to transfer
advanced weapons to Hizbollah and to establish
a military presence in Syria has led to direct
and repeated confrontations with Israel; and
(ii) the intelligence and military support
that the United States provides to Israel to
help Israel identify and appropriately address
specific threats to Israel from Iran and
Iranian-backed forces in Syria.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(4) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Permanent Select Committee
on Intelligence of the House of Representatives.
SEC. 509. ANNUAL REPORTS ON INFLUENCE OPERATIONS AND CAMPAIGNS IN THE
UNITED STATES BY THE RUSSIAN FEDERATION.
(a) Reports.--Title XI of the National Security Act of 1947 (50
U.S.C. 3231 et seq.), as amended by section 501, is further amended by
adding at the end the following new section:
``SEC. 1107. ANNUAL REPORTS ON INFLUENCE OPERATIONS AND CAMPAIGNS IN
THE UNITED STATES BY THE RUSSIAN FEDERATION.
``(a) Requirement.--On an annual basis, the Director of the
National Counterintelligence and Security Center shall submit to the
congressional intelligence committees a report on the influence
operations and campaigns in the United States conducted by the Russian
Federation.
``(b) Contents.--Each report under subsection (a) shall include the
following:
``(1) A description and listing of the Russian
organizations and persons involved in influence operations and
campaigns operating in the United States as of the date of the
report.
``(2) An assessment of organizations that are associated
with or receive funding from organizations and persons
identified in paragraph (1), particularly such entities
operating in the United States.
``(3) A description of the efforts by the organizations and
persons identified in paragraph (1) to target, coerce, and
influence populations within the United States.
``(4) An assessment of the activities of the organizations
and persons identified in paragraph (1) designed to influence
the opinions of elected leaders of the United States or
candidates for election in the United States.
``(5) With respect to reports submitted after the first
report, an assessment of the change in goals, tactics,
techniques, and procedures of the influence operations and
campaigns conducted by the organizations and persons identified
in paragraph (1).
``(c) Coordination.--In carrying out subsection (a), the Director
shall coordinate with the Director of the Federal Bureau of
Investigation, the Director of the Central Intelligence Agency, the
Director of the National Security Agency, and any other relevant head
of an element of the intelligence community.
``(d) Form.--Each report submitted under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.''.
(b) Clerical Amendment.--The table of contents in the first section
of the National Security Act of 1947, as amended by section 501, is
further amended by inserting after the item relating to section 1106
the following new item:
``Sec. 1107. Annual reports on influence operations and campaigns in
the United States by the Russian
Federation.''.
(c) Initial Report.--The Director of the National
Counterintelligence and Security Center shall submit to the
congressional intelligence committees the first report under section
1107 of the National Security Act of 1947, as added by subsection (a),
by not later than 180 days after the date of the enactment of this Act.
TITLE VI--FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM
SEC. 601. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Permanent Select Committee on Intelligence,
the Committee on Homeland Security, and the Committee
on the Judiciary of the House of Representatives; and
(B) the Select Committee on Intelligence, the
Committee on Homeland Security and Governmental
Affairs, and the Committee on the Judiciary of the
Senate.
(2) Domestic terrorism.--The term ``domestic terrorism''
has the meaning given that term in section 2331 of title 18,
United States Code.
(3) Hate crime.--The term ``hate crime'' means a criminal
offense under--
(A) sections 241, 245, 247, and 249 of title 18,
United States Code; and
(B) section 3631 of title 42, United States Code.
(4) International terrorism.--The term ``international
terrorism'' has the meaning given that term in section 2331 of
title 18, United States Code.
(5) Terms in attorney general's guidelines for domestic fbi
operations.--The terms ``assessments'', ``full
investigations'', ``enterprise investigations'',``predicated
investigations'', and ``preliminary investigations'' have the
meanings given those terms in the most recent, approved version
of the Attorney General's Guidelines for Domestic FBI
Operations (or successor).
(6) Terms in fbi budget materials.--The terms
``Consolidated Strategy Guide'', ``Field Office Strategic
Plan'', ``Integrated Program Management Process'', and ``Threat
Review and Prioritization'' have the meanings given those terms
in the materials submitted to Congress by the Attorney General
in support of the Federal Bureau of Investigation budget for
fiscal year 2020.
(7) Terrorism.--The term ``terrorism'' includes domestic
terrorism and international terrorism.
(8) Terrorism information.--The term ``terrorism
information'' has the meaning given that term in section
1016(a) of the Intelligence Reform and Terrorism Prevention Act
of 2004 (6 U.S.C. 485).
(9) Time utilization and recordkeeping data.--The term
``time utilization and recordkeeping data'' means data
collected on resource utilization and workload activity of
personnel of the Federal Bureau of Investigation in accordance
with Federal law.
SEC. 602. ANNUAL STRATEGIC INTELLIGENCE ASSESSMENT OF AND COMPREHENSIVE
REPORT ON DOMESTIC TERRORISM.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter through
2025, the Director of National Intelligence, the Director of
the Federal Bureau of Investigation, and the Under Secretary of
Homeland Security for Intelligence and Analysis shall jointly
submit to the appropriate congressional committees a report on
domestic terrorism containing the following:
(A) Strategic intelligence assessment under
subsection (b).
(B) Discussion of activities under subsection (c).
(C) Data on domestic terrorism under subsection
(d).
(2) Responsibilities.--
(A) Coordination of reports and integration of
information.--The Director of National Intelligence,
acting through the Director of the National
Counterterrorism Center, shall be the lead official for
coordinating the production of and integrating
terrorism information into--
(i) each report under paragraph (1); and
(ii) each strategic intelligence assessment
under subsection (b).
(B) Information sharing.--The Director of the
Federal Bureau of Investigation and the Under Secretary
of Homeland Security for Intelligence and Analysis
shall provide to the Director of the National
Counterterrorism Center all appropriate information
requested by the Director of the National
Counterterrorism Center to carry out this section.
(b) Strategic Intelligence Assessment.--The Director of National
Intelligence, the Director of the Federal Bureau of Investigation, and
the Under Secretary of Homeland Security for Intelligence and Analysis
shall include--
(1) in the first report under subsection (a)(1), a
strategic intelligence assessment of domestic terrorism in the
United States during fiscal years 2017, 2018, and 2019; and
(2) in each subsequent report under such subsection, a
strategic intelligence assessment of domestic terrorism in the
United States during the prior fiscal year.
(c) Discussion of Activities.--Each report under subsection (a)(1)
shall discuss and compare the following:
(1) The criteria for opening, managing, and closing
domestic and international terrorism investigations by the
Federal Government.
(2) Standards and procedures for the Federal Bureau of
Investigation, the Office of Intelligence and Analysis of the
Department of Homeland Security, and the National
Counterterrorism Center, with respect to the review,
prioritization, and mitigation of domestic and international
terrorism threats in the United States.
(3) The planning, development, production, analysis, and
evaluation by the United States Government of intelligence
products relating to terrorism, including both raw and finished
intelligence.
(4) The sharing of information relating to domestic and
international terrorism by and between--
(A) the Federal Government;
(B) State, local, Tribal, territorial, and foreign
governments;
(C) the appropriate congressional committees;
(D) non-governmental organizations; and
(E) the private sector.
(5) The criteria and methodology used by the Federal Bureau
of Investigation, the Office of Intelligence and Analysis of
the Department of Homeland Security, and the National
Counterterrorism Center, to identify or assign terrorism
classifications to incidents of terrorism or investigations of
terrorism, including--
(A) a comparison of the criteria and methodology
used with respect to domestic terrorism and
international terrorism;
(B) the identification of any changes made to
investigative classifications; and
(C) a discussion of the rationale for any changes
identified under subparagraph (B).
(6) Applicable Federal requirements and compliance by the
Federal Government with privacy, civil rights, and civil
liberties policies and protections with respect to the
production of the report, including protections against the
public release of names or other personally identifiable
information of individuals involved in incidents,
investigations, indictments, prosecutions, or convictions for
which data is reported under this section.
(7) Information regarding any training or resources
provided by the Federal Bureau of Investigation, the Department
of Homeland Security, or the National Counterterrorism Center,
to assist Federal, State, local, and Tribal law enforcement
agencies in understanding, detecting, deterring, and
investigating acts of domestic terrorism, including the date,
type, subject, and recipient agencies of such training or
resources.
(d) Data on Domestic Terrorism.--
(1) Data required.--The Director of National Intelligence,
the Director of the Federal Bureau of Investigation, and the
Under Secretary of Homeland Security for Intelligence and
Analysis shall include in each report under subsection (a)(1)
the following data:
(A) For each completed or attempted incident of
domestic terrorism that has occurred in the United
States during the applicable period--
(i) a description of such incident;
(ii) the date and location of such
incident;
(iii) the number and type of completed and
attempted Federal non-violent crimes committed
during such incident;
(iv) the number and type of completed and
attempted Federal and State property crimes
committed during such incident, including an
estimate of economic damages resulting from
such crimes; and
(v) the number and type of completed and
attempted Federal violent crimes committed
during such incident, including the number of
people injured or killed as a result of such
crimes.
(B) For the applicable period--
(i) an identification of each assessment,
preliminary investigation, full investigation,
and enterprise investigation with a nexus to
domestic terrorism opened, pending, or closed
by the Federal Bureau of Investigation;
(ii) the number of assessments or
investigations identified under clause (i)
associated with each domestic terrorism
investigative classification (including
subcategories);
(iii) the number and domestic terrorism
investigative classification (including
subcategories) with respect to such
investigations initiated as a result of a
referral or investigation by a State, local,
Tribal, territorial, or foreign government of a
hate crime;
(iv) the number of Federal criminal charges
with a nexus to domestic terrorism, including
the number of indictments and complaints
associated with each domestic terrorism
investigative classification (including
subcategories), a summary of the allegations
contained in each such indictment, the
disposition of the prosecution, and, if
applicable, the sentence imposed as a result of
a conviction on such charges;
(v) referrals of incidents of domestic
terrorism by State, local, Tribal, or
territorial governments to departments or
agencies of the Federal Government for
investigation or prosecution, including the
number of such referrals associated with each
domestic terrorism investigation classification
(including any subcategories), and a summary of
each such referral that includes the rationale
for such referral and the disposition of the
applicable Federal investigation or
prosecution;
(vi) intelligence products produced by the
intelligence community relating to domestic
terrorism, including--
(I) the number of such products
associated with each domestic terrorism
investigative classification (including
any subcategories); and
(II) with respect to the Federal
Bureau of Investigation, at a minimum,
all relevant data available through the
Integrated Program Management Process;
(vii) with respect to the National
Counterterrorism Center, the number of staff
(expressed in terms of full-time equivalents
and positions) working on matters relating to
domestic terrorism described in clauses (i)
through (vi);
(viii) with respect to the Federal Bureau
of Investigation--
(I) the number of staff (expressed
in terms of full-time equivalents and
positions) working on matters relating
to domestic terrorism described in
clauses (i) through (vi); and
(II) a summary of time utilization
and recordkeeping data for personnel
working on such matters, including the
number or percentage of such personnel
associated with each domestic terrorism
investigative classification (including
any subcategories) in the FBI
Headquarters Operational Divisions and
Field Divisions; and
(ix) with respect to the Office of
Intelligence and Analysis of the Department of
Homeland Security, the number of staff
(expressed in terms of full-time equivalents
and positions) working on matters relating to
domestic terrorism described in clauses (i)
through (vi).
(2) Applicable period.--For purposes of this subsection,
the applicable period is the following:
(A) For the first report required under subsection
(a)(1)--
(i) with respect to the data described in
paragraph (1)(A) of this subsection, the period
on or after April 19, 1995; and
(ii) with respect to the data described in
paragraph (1)(B) of this subsection, each of
fiscal years 2017, 2018, and 2019.
(B) For each subsequent report required under
subsection (a)(1), the prior fiscal year.
(e) Provision of Other Documents and Materials.--
(1) In general.--Together with each report under subsection
(a)(1), the Director of National Intelligence, the Director of
the Federal Bureau of Investigation, and the Under Secretary of
Homeland Security for Intelligence and Analysis shall also
submit to the appropriate congressional committees the
following documents and materials:
(A) With respect to the Federal Bureau of
Investigation, at a minimum, the most recent, approved
versions of--
(i) the Attorney General's Guidelines for
Domestic FBI Operations (or any successor);
(ii) the FBI Domestic Investigations and
Operations Guide (or any successor);
(iii) the FBI Counterterrorism Policy Guide
(or any successor);
(iv) materials relating to terrorism within
the Threat Review and Prioritization process
for the headquarters and field divisions of the
Federal Bureau of Investigation;
(v) the Consolidated Strategy Guide (or any
successor); and
(vi) the Field Office Strategic Plans (or
any successor).
(B) With respect to the intelligence community,
each finished intelligence product described in
subsection (d)(1)(B)(vi).
(2) Nonduplication.--If any documents or materials required
under paragraph (1) have been previously submitted to the
appropriate congressional committees under such paragraph and
have not been modified since such submission, the Director of
National Intelligence, the Director of the Federal Bureau of
Investigation, and the Under Secretary of Homeland Security for
Intelligence and Analysis may provide a list of such documents
or materials in lieu of making the submission under paragraph
(1) for those documents or materials.
(f) Format.--The information required under subsection (d) may be
provided in a format that uses the marking associated with the Central
Records System (or any successor system) of the Federal Bureau of
Investigation.
(g) Classification and Public Release.--Each report under
subsection (a) shall be--
(1) unclassified, but may contain a classified annex;
(2) with respect to the unclassified portion of the report,
made available on the public internet websites of the National
Counterterrorism Center, Federal Bureau of Investigation, and
Department of Homeland Security--
(A) not later than 30 days after submission to the
appropriate congressional committees; and
(B) in an electronic format that is fully indexed
and searchable; and
(3) with respect to a classified annex, submitted to the
appropriate congressional committees in an electronic format
that is fully indexed and searchable.
(h) Information Quality.--Each report submitted under subsection
(a), to the extent applicable, shall comply with the guidelines issued
by the Director of the Office of Management and Budget pursuant to
section 515 of title V of the Consolidated Appropriations Act, 2001
(Public Law 106-554; 114 Stat. 2763A-154).
SEC. 603. REPORT CHARACTERIZING DOMESTIC TERRORISM ACTIVITY WITHIN THE
UNITED STATES.
(a) Report.--Not later than 150 days after the date of the
enactment of this Act, the Director of the Federal Bureau of
Investigation, in coordination with the Under Secretary of Homeland
Security for Intelligence and Analysis, shall submit to the
congressional intelligence committees a report on domestic terrorism
activity within the United States.
(b) Contents.--The report under subsection (a) shall include the
following:
(1) Activities conducted by domestic terrorist groups to
restrict free speech using violence or intimidation.
(2) Activities conducted by domestic terrorist groups that
are dangerous to human life and are a violation of the criminal
laws of the United States or of any State.
(3) The prevalence of any domestic terrorist group's
activities within the United States and abroad.
(c) Coordination.--The Director shall carry out subsection (a) in
coordination with the head of any other agency of the Federal
Government that the Director determines appropriate.
(d) Form.--The report submitted under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
TITLE VII--REPORTS AND OTHER MATTERS
SEC. 701. MODIFICATION OF REQUIREMENTS FOR SUBMISSION TO CONGRESS OF
CERTAIN REPORTS.
(a) Modification of Reports Relating to Guantanamo Bay.--
(1) Modification.--Section 506I(b) of the National Security
Act of 1947 (50 U.S.C. 3105(b)) is amended by striking ``once
every 6 months'' and inserting ``annually''.
(2) Modification.--Section 319(a) of the Supplemental
Appropriations Act, 2009 (10 U.S.C. 801 note) is amended by
striking ``every 90 days'' and inserting ``annually''.
(3) Repeal.--Section 601 of the Intelligence Authorization
Act for Fiscal Year 2017 (division N of Public Law 115-31; 131
Stat. 827) is repealed.
(b) Modification to Reports on Analytic Integrity.--Subsection (c)
of section 1019 of the Intelligence Reform and Terrorism Prevention Act
of 2004 (50 U.S.C. 3364) is amended--
(1) in the heading, by striking ``Reports'' and inserting
``Briefings''; and
(2) by striking ``submit to the congressional intelligence
committees, the heads of the relevant elements of the
intelligence community, and the heads of analytic training
departments a report containing'' and inserting ``provide to
the congressional intelligence committees, the heads of the
relevant elements of the intelligence community, and the heads
of analytic training departments a briefing with''.
(c) Repeal of Reports Relating to Intelligence Functions.--Section
506J of the National Security Act of 1947 (50 U.S.C. 3105a) is repealed
and the table of contents in the first section of such Act is amended
by striking the item relating to section 506J.
(d) Repeal of Reports Relating to Cuba.--Section 108 of the Cuban
Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 (22 U.S.C.
6038) is repealed.
(e) Repeal of Reports Relating to Entertainment Industry.--Section
308 of the Intelligence Authorization Act for Fiscal Year 2017 (50
U.S.C. 3332) is amended--
(1) in subsection (b)(2)--
(A) by striking ``paragraph (1) shall--'' and all
that follows through ``permit an element'' and insert
``paragraph (1) shall permit an element'';
(B) by striking ``approval; and'' and inserting
``approval.''; and
(C) by striking subparagraph (B); and
(2) by striking subsection (c).
SEC. 702. INCREASED TRANSPARENCY REGARDING COUNTERTERRORISM BUDGET OF
THE UNITED STATES.
(a) Findings.--Congress finds the following:
(1) Consistent with section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
3306(a)), the recent practice of the intelligence community has
been to release to the public--
(A) around the date on which the President submits
to Congress a budget for a fiscal year pursuant to
section 1105 of title 31, United States Code, the
``top-line'' amount of total funding requested for the
National Intelligence Program for such fiscal year; and
(B) the amount of requested and appropriated funds
for the National Intelligence Program and Military
Intelligence Program for certain prior fiscal years,
consistent with the protection of intelligence sources
and methods.
(2) The Directorate of Strategic Operational Planning of
the National Counterterrorism Center is responsible for
producing an annual National Counterterrorism Budget report,
which examines the alignment of intelligence and other
resources in the applicable fiscal year budget with the
counterterrorism goals and areas of focus in the National
Strategy for Counterterrorism.
(b) Sense of Congress.--It is the sense of Congress that--
(1) despite the difficulty of compiling and releasing to
the public comprehensive information on the resource
commitments of the United States to counterterrorism activities
and programs, including with respect to such activities and
programs of the intelligence community, the United States
Government could take additional steps to enhance the
understanding of the public with respect to such resource
commitments, in a manner consistent with the protection of
intelligence sources and methods and other national security
interests; and
(2) the United States Government should release to the
public as much information as possible regarding the funding of
counterterrorism activities and programs, including activities
and programs of the intelligence community, in a manner
consistent with the protection of intelligence sources and
methods and other national security interests.
(c) Briefing on Public Release of Information.--
(1) Requirement.--Not later than 90 days after the date of
the enactment of this Act, and not later than 90 days after the
beginning of each fiscal year thereafter, the President shall
ensure that the congressional intelligence committees receive a
briefing from appropriate personnel of the United States
Government on the feasibility of releasing to the public
additional information relating to counterterrorism efforts of
the intelligence community.
(2) Elements.--Each briefing required by paragraph (1)
shall include a discussion of the feasibility of--
(A) subject to paragraph (3), releasing to the
public the National Counterterrorism Budget report
described in subsection (a)(2) for the prior fiscal
year; and
(B) declassifying other reports, documents, or
activities of the intelligence community relating to
counterterrorism and releasing such information to the
public in a manner consistent with the protection of
intelligence sources and methods and other national
security interests.
(3) Release of national counterterrorism budget report.--
The President may satisfy the requirement under paragraph
(2)(A) during a fiscal year by, not later than 90 days after
the beginning of the fiscal year, releasing to the public the
National Counterterrorism Budget report (with any redactions
the Director determines necessary to protect intelligence
sources and methods and other national security interests) for
the prior fiscal year.
SEC. 703. TASK FORCE ON ILLICIT FINANCING OF ESPIONAGE AND FOREIGN
INFLUENCE OPERATIONS.
(a) Establishment.--Not later than 30 days after the date of the
enactment of this Act, the Director of National Intelligence shall
establish a task force to study and assess the illicit financing of
espionage and foreign influence operations directed at the United
States.
(b) Membership.--The task force shall be composed of the following
individuals (or designees of the individual):
(1) The Director of the Central Intelligence Agency.
(2) The Director of the Federal Bureau of Investigation.
(3) The Assistant Secretary of the Treasury for
Intelligence and Analysis.
(4) The Assistant Secretary of State for Intelligence and
Research.
(5) Such other heads of the elements of the intelligence
community that the Director of National Intelligence determines
appropriate.
(c) Chairperson; Meetings.--
(1) Chairperson.--The Director of National Intelligence
shall appoint a senior official within the Office of the
Director of National Intelligence to serve as the chairperson
of the task force.
(2) Meetings.--The task force shall meet regularly but not
less frequently than on a quarterly basis.
(d) Reports.--
(1) Initial report.--Not later than 180 days after the date
of the enactment of this Act, the task force shall submit to
the appropriate congressional committees a report on the
illicit financing of espionage and foreign influence operations
directed at the United States. The report shall address the
following:
(A) The extent of the collection by the
intelligence community, from all sources (including the
governments of foreign countries), of intelligence and
information relating to illicit financing of espionage
and foreign influence operations directed at the United
States, and any gaps in such collection.
(B) Any specific legal, regulatory, policy, or
other prohibitions, or financial, human, technical, or
other resource limitations or constraints, that have
affected the ability of the Director of National
Intelligence or other heads of relevant elements of the
intelligence community in collecting or analyzing
intelligence or information relating to illicit
financing of espionage and foreign influence operations
directed at the United States.
(C) The methods, as of the date of the report, by
which hostile governments of foreign countries or
foreign organizations, and any groups or persons acting
on behalf of or with the support of such governments or
organizations, seek to disguise or obscure
relationships between such governments, organizations,
groups, or persons and United States persons, for the
purpose of conducting espionage or foreign influence
operations directed at the United States, including by
exploiting financial laws, systems, or instruments, of
the United States.
(D) The existing practices of the intelligence
community for ensuring that intelligence and
information relating to the illicit financing of
espionage and foreign influence operations is analyzed
and shared with other elements of the intelligence
community, and any recommendations for improving such
analysis and sharing.
(2) Annual update.--Not later than November 1, 2020, and
each year thereafter through the date specified in subsection
(e), the task force shall submit to the appropriate
congressional committees an update on the report under
paragraph (1).
(3) Form.--Each report submitted under this subsection may
be submitted in classified form, but if submitted in such form,
shall include an unclassified summary.
(e) Termination.--The task force shall terminate on January 1,
2025.
(f) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional intelligence committees.
(2) The Committee on Foreign Affairs and the Committee on
Financial Services of the House of Representatives.
(3) The Committee on Foreign Relations and the Committee on
Banking, Housing, and Urban Affairs of the Senate.
SEC. 704. STUDY ON ROLE OF RETIRED AND FORMER PERSONNEL OF INTELLIGENCE
COMMUNITY WITH RESPECT TO CERTAIN FOREIGN INTELLIGENCE
OPERATIONS.
(a) Study.--The Director of National Intelligence shall conduct a
study on former intelligence personnel providing covered intelligence
assistance.
(b) Elements.--The study under subsection (a) shall include the
following:
(1) An identification of, and discussion of the
effectiveness of, existing laws, policies, procedures, and
other measures relevant to the ability of elements of the
intelligence community to prevent former intelligence personnel
from providing covered intelligence assistance--
(A) without proper authorization; or
(B) in a manner that would violate legal or policy
controls if the personnel performed such assistance
while working for the United States Government; and
(2) Make recommendations for such legislative, regulatory,
policy, or other changes as may be necessary to ensure that the
United States consistently meets the objectives described in
paragraph (1).
(c) Report and Plan.--Not later than 90 days after the date of the
enactment of this Act, the Director shall submit to the congressional
intelligence committees, the Committee on Homeland Security and
Governmental Affairs of the Senate, and the Committee on Homeland
Security of the House of Representatives--
(1) a report on the findings of the Director with respect
to each element of the study under subsection (a); and
(2) a plan to implement any recommendations made by the
Director that the Director may implement without changes to
Federal law.
(d) Form.--The report and plan under subsection (c) may be
submitted in classified form.
(e) Definitions.--In this section:
(1) Covered intelligence assistance.--The term ``covered
intelligence assistance'' means assistance--
(A) provided by former intelligence personnel
directly to, or for the benefit of, the government of a
foreign country or indirectly to, or for the benefit
of, such a government through a company or other
entity; and
(B) that relates to intelligence or law enforcement
activities of a foreign country, including with respect
to operations that involve abuses of human rights,
violations of the laws of the United States, or
infringements on the privacy rights of United States
persons.
(2) Former intelligence personnel.--The term ``former
intelligence personnel'' means retired or former personnel of
the intelligence community, including civilian employees of
elements of the intelligence community, members of the Armed
Forces, and contractors of elements of the intelligence
community.
SEC. 705. REPORT BY DIRECTOR OF NATIONAL INTELLIGENCE ON FIFTH-
GENERATION WIRELESS NETWORK TECHNOLOGY.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report on--
(1) the threat to the national security of the United
States posed by the global and regional adoption of fifth-
generation wireless network (in this section referred to as
``5G wireless network'') technology built by foreign companies;
(2) the threat to the national security of the United
States posed by telecommunications companies that are subject
to the jurisdiction of a foreign adversary; and
(3) possible efforts to mitigate the threat.
(b) Contents.--The report under subsection (a) shall include--
(1) the timeline and scale of global and regional adoption
of foreign 5G wireless network technology;
(2) the implications of such global and regional adoption
on the cyber and espionage threat to the United States, the
interests of the United States, and the cyber and collection
capabilities of the United States;
(3) the threat to the national security of the United
States from acquisition, importation, transfer, installation,
or use of any communications technology by any person subject
to the jurisdiction of the United States that involves
communications technology designed, developed, manufactured or
supplied by, controlled by, or subject to, the jurisdiction of
a foreign adversary; and
(4) the effect of possible mitigation efforts, including
with respect to--
(A) a policy of the United States Government
promoting the use of strong, end-to-end encryption for
data transmitted over 5G wireless networks;
(B) a policy of the United States Government
promoting or funding free, open-source implementation
of 5G wireless network technology;
(C) subsidies or incentives provided by the United
States Government that could be used to promote the
adoption of secure 5G wireless network technology
developed by companies of the United States or
companies of allies of the United States; and
(D) a strategy by the United States Government to
reduce foreign influence and political pressure in
international standard-setting bodies.
(c) Form.--The report submitted under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 706. ESTABLISHMENT OF 5G PRIZE COMPETITION.
(a) Prize Competition.--Pursuant to section 24 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the Director
of National Intelligence, acting through the Director of the
Intelligence Advanced Research Projects Agency, shall carry out a
program to award prizes competitively to stimulate research and
development relevant to 5G technology.
(b) Prize Amount.--In carrying out the program under subsection
(a), the Director may award not more than a total of $5,000,000 to one
or more winners of the prize competition.
(c) Consultation.--In carrying out the program under subsection
(a), the Director may consult with the heads of relevant departments
and agencies of the Federal Government.
(d) 5G Technology Defined.--In this section, the term ``5G
technology'' means hardware, software, or other technologies relating
to fifth-generation wireless networks.
SEC. 707. ESTABLISHMENT OF DEEPFAKES PRIZE COMPETITION.
(a) Prize Competition.--Pursuant to section 24 of the Stevenson-
Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the Director
of National Intelligence, acting through the Director of the
Intelligence Advanced Research Projects Agency, shall carry out a
program to award prizes competitively to stimulate the research,
development, or commercialization of technologies to automatically
detect machine-manipulated media.
(b) Prize Amount.--In carrying out the program under subsection
(a), the Director may award not more than a total of $5,000,000 to one
or more winners of the prize competition.
(c) Consultation.--In carrying out the program under subsection
(a), the Director may consult with the heads of relevant departments
and agencies of the Federal Government.
(d) Machine-Manipulated Media Defined.--In this section, the term
``machine-manipulated media'' means video, image, or audio recordings
generated or substantially modified using machine-learning techniques
in order to falsely depict events, to falsely depict the speech or
conduct of an individual, or to depict individuals who do not exist.
SEC. 708. REMOVAL AND NEUTRALIZATION OF IMSI CATCHERS.
(a) In General.--The Secretary of Homeland Security, in
collaboration with the Director of National Intelligence, the Chairman
of the Federal Communications Commission, and the heads of such other
Federal agencies as the Secretary determines appropriate, and following
consultation with appropriate private entities, shall--
(1) undertake an effort to remove or neutralize
unauthorized IMSI catchers installed by foreign entities or
that have an unknown attribution, with prioritization given to
IMSI catchers identified in the National Capital Region; and
(2) conduct further assessments, not less than once every
90 days, to identify new IMSI catchers for removal or
neutralization.
(b) IMSI Catcher Defined.--The term ``IMSI catcher'' means an
international mobile subscriber identity-catcher or other device used
for intercepting mobile phone identifying information and location
data.
SEC. 709. PLAN FOR STRENGTHENING THE SUPPLY CHAIN INTELLIGENCE
FUNCTION.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of the National Counterintelligence
and Security Center, in coordination with the Director of the Defense
Counterintelligence and Security Agency and other interagency partners,
shall submit to Congress a plan for strengthening the supply chain
intelligence function.
(b) Elements.--The plan submitted under subsection (a) shall
address the following:
(1) The appropriate workforce model, including size, mix,
and seniority, from the elements of the intelligence community
and other interagency partners.
(2) The budgetary resources necessary to implement the
plan.
(3) The appropriate governance structure within the
intelligence community and with interagency partners.
(4) The authorities necessary to implement the plan.
SEC. 710. SECURING ENERGY INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and
Governmental Affairs and the Committee on Energy and
Natural Resources of the Senate; and
(C) the Committee on Homeland Security and the
Committee on Energy and Commerce of the House of
Representatives.
(2) Covered entity.--The term ``covered entity'' means an
entity identified pursuant to section 9(a) of Executive Order
No. 13636 of February 12, 2013 (78 Fed. Reg. 11742), relating
to identification of critical infrastructure where a
cybersecurity incident could reasonably result in catastrophic
regional or national effects on public health or safety,
economic security, or national security.
(3) Exploit.--The term ``exploit'' means a software tool
designed to take advantage of a security vulnerability.
(4) Industrial control system.--The term ``industrial
control system'' means an operational technology used to
measure, control, or manage industrial functions, and includes
supervisory control and data acquisition systems, distributed
control systems, and programmable logic or embedded
controllers.
(5) National laboratory.--The term ``National Laboratory''
has the meaning given the term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(6) Program.--The term ``Program'' means the pilot program
established under subsection (b).
(7) Secretary.--Except as otherwise specifically provided,
the term ``Secretary'' means the Secretary of Energy.
(8) Security vulnerability.--The term ``security
vulnerability'' means any attribute of hardware, software,
process, or procedure that could enable or facilitate the
defeat of a security control.
(b) Pilot Program for Securing Energy Infrastructure.--Not later
than 180 days after the date of the enactment of this Act, the
Secretary shall establish a 2-year control systems implementation pilot
program within the National Laboratories for the purposes of--
(1) partnering with covered entities in the energy sector
(including critical component manufacturers in the supply
chain) that voluntarily participate in the Program to identify
new classes of security vulnerabilities of the covered
entities; and
(2) evaluating technology and standards, in partnership
with covered entities, to isolate and defend industrial control
systems of covered entities from security vulnerabilities and
exploits in the most critical systems of the covered entities,
including--
(A) analog and nondigital control systems;
(B) purpose-built control systems; and
(C) physical controls.
(c) Working Group To Evaluate Program Standards and Develop
Strategy.--
(1) Establishment.--The Secretary shall establish a working
group--
(A) to evaluate the technology and standards used
in the Program under subsection (b)(2); and
(B) to develop a national cyber-informed
engineering strategy to isolate and defend covered
entities from security vulnerabilities and exploits in
the most critical systems of the covered entities.
(2) Membership.--The working group established under
paragraph (1) shall be composed of not fewer than 10 members,
to be appointed by the Secretary, at least 1 member of which
shall represent each of the following:
(A) The Department of Energy.
(B) The energy industry, including electric
utilities and manufacturers recommended by the Energy
Sector coordinating councils.
(C)(i) The Department of Homeland Security; or
(ii) the Industrial Control Systems Cyber Emergency
Response Team.
(D) The North American Electric Reliability
Corporation.
(E) The Nuclear Regulatory Commission.
(F)(i) The Office of the Director of National
Intelligence; or
(ii) the intelligence community (as defined in
section 3 of the National Security Act of 1947 (50
U.S.C. 3003)).
(G)(i) The Department of Defense; or
(ii) the Assistant Secretary of Defense for
Homeland Security and America's Security Affairs.
(H) A State or regional energy agency.
(I) A national research body or academic
institution.
(J) The National Laboratories.
(d) Reports on the Program.--
(1) Interim report.--Not later than 180 days after the date
on which funds are first disbursed under the Program, the
Secretary shall submit to the appropriate congressional
committees an interim report that--
(A) describes the results of the Program;
(B) includes an analysis of the feasibility of each
method studied under the Program; and
(C) describes the results of the evaluations
conducted by the working group established under
subsection (c)(1).
(2) Final report.--Not later than 2 years after the date on
which funds are first disbursed under the Program, the
Secretary shall submit to the appropriate congressional
committees a final report that--
(A) describes the results of the Program;
(B) includes an analysis of the feasibility of each
method studied under the Program; and
(C) describes the results of the evaluations
conducted by the working group established under
subsection (c)(1).
(e) Exemption From Disclosure.--Information shared by or with the
Federal Government or a State, Tribal, or local government under this
section--
(1) shall be deemed to be voluntarily shared information;
(2) shall be exempt from disclosure under section 552 of
title 5, United States Code, or any provision of any State,
Tribal, or local freedom of information law, open government
law, open meetings law, open records law, sunshine law, or
similar law requiring the disclosure of information or records;
and
(3) shall be withheld from the public, without discretion,
under section 552(b)(3) of title 5, United States Code, and any
provision of any State, Tribal, or local law requiring the
disclosure of information or records.
(f) Protection From Liability.--
(1) In general.--A cause of action against a covered entity
for engaging in the voluntary activities authorized under
subsection (b)--
(A) shall not lie or be maintained in any court;
and
(B) shall be promptly dismissed by the applicable
court.
(2) Voluntary activities.--Nothing in this section subjects
any covered entity to liability for not engaging in the
voluntary activities authorized under subsection (b).
(g) No New Regulatory Authority for Federal Agencies.--Nothing in
this section authorizes the Secretary or the head of any other
department or agency of the Federal Government to issue new
regulations.
(h) Authorization of Appropriations.--
(1) Pilot program.--There is authorized to be appropriated
$10,000,000 to carry out subsection (b).
(2) Working group and report.--There is authorized to be
appropriated $1,500,000 to carry out subsections (c) and (d).
(3) Availability.--Amounts made available under paragraphs
(1) and (2) shall remain available until expended.
SEC. 711. COLLECTION, ANALYSIS, AND DISSEMINATION OF WORKFORCE DATA.
(a) Initial Reporting.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and subject to paragraph (3), the
Director of National Intelligence shall make available to the
public, the appropriate congressional committees, and the
workforce of the intelligence community a report which includes
aggregate demographic data and other information regarding the
diversity and inclusion efforts of the workforce of the
intelligence community.
(2) Contents.--A report made available under paragraph
(1)--
(A) shall include unclassified reports and barrier
analyses relating to diversity and inclusion efforts;
(B) shall include aggregate demographic data--
(i) by segment of the workforce of the
intelligence community and grade or rank;
(ii) relating to attrition and promotion
rates;
(iii) that addresses the compliance of the
intelligence community with validated inclusion
metrics, such as the New Inclusion Quotient
index score; and
(iv) that provides demographic comparisons
to the relevant nongovernmental labor force and
the relevant civilian labor force;
(C) shall include an analysis of applicant flow
data, including the percentage and level of positions
for which data are collected, and a discussion of any
resulting policy changes or recommendations;
(D) shall include demographic data relating to
participants in professional development programs of
the intelligence community and the rate of placement
into senior positions for participants in such
programs;
(E) shall include any voluntarily collected
demographic data relating to the membership of any
external advisory committee or board to which
individuals in senior positions in the intelligence
community appoint members; and
(F) may include data in proportions or percentages
to account for concerns relating to the protection of
classified information.
(b) Updates.--After making available a report under subsection (a),
the Director of National Intelligence shall annually provide a report
(which may be provided as part of an annual report required under
another provision of law) to the workforce of the intelligence
community (including senior leadership), the public, and the
appropriate congressional committees that includes--
(1) demographic data and information on the status of
diversity and inclusion efforts of the intelligence community;
(2) an analysis of applicant flow data, including the
percentage and level of positions for which data are collected,
and a discussion of any resulting policy changes or
recommendations; and
(3) demographic data relating to participants in
professional development programs of the intelligence community
and the rate of placement into senior positions for
participants in such programs.
(c) Expand the Collection and Analysis of Voluntary Applicant Flow
Data.--
(1) In general.--The Director of National Intelligence
shall develop a system to collect and analyze applicant flow
data for as many positions within the intelligence community as
practicable, in order to identify areas for improvement in
attracting diverse talent, with particular attention to senior
and management positions.
(2) Phased implementation.--The collection of applicant
flow data may be implemented by the Director of National
Intelligence in a phased approach commensurate with the
resources available to the intelligence community.
(d) Identify Additional Categories for Voluntary Data Collection of
Current Employees.--
(1) In general.--The Director of National Intelligence may
submit to the Office of Management and Budget and to the
appropriate congressional committees a recommendation regarding
whether the intelligence community should voluntarily collect
more detailed data on demographic categories in addition to the
race and ethnicity categories specified in the statistical
policy directive issued by the Office of Management and Budget
entitled ``Standards for Maintaining, Collecting, and
Presenting Federal Data on Race and Ethnicity''.
(2) Process.--In making a recommendation under paragraph
(1), the Director of National Intelligence shall--
(A) engage in close consultation with internal
stakeholders, such as employee resource or affinity
groups;
(B) ensure that there is clear communication with
the workforce of the intelligence community--
(i) to explain the purpose of the potential
collection of such data; and
(ii) regarding legal protections relating
to any anticipated use of such data; and
(C) ensure adherence to relevant standards and
guidance issued by the Federal Government.
(e) Definitions.--In this section:
(1) Applicant flow data.--The term ``applicant flow data''
means data that tracks the rate of applications for job
positions among demographic categories.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the
Committee on Armed Services, the Committee on Homeland
Security and Governmental Affairs, the Select Committee
on Intelligence, and the Committee on Appropriations of
the Senate; and
(B) the Committee on Foreign Affairs, the Committee
on Armed Services, the Committee on Homeland Security,
the Permanent Select Committee on Intelligence, and the
Committee on Appropriations of the House of
Representatives.
(3) Diversity.--The term ``diversity'' means diversity of
persons based on gender, race, ethnicity, disability status,
veteran status, sexual orientation, gender identity, national
origin, and other demographic categories.
SEC. 712. REPORT ON BEST PRACTICES TO PROTECT PRIVACY AND CIVIL
LIBERTIES OF CHINESE AMERICANS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the People's Republic of China appears to be
specifically targeting the Chinese-American community for
intelligence purposes;
(2) such targeting carries a substantial risk that the
loyalty of such Americans may be generally questioned and lead
to unacceptable stereotyping, targeting and racial profiling;
(3) the United States Government has a duty to warn and
protect all Americans including those of Chinese descent from
these intelligence efforts by the People's Republic of China;
(4) the broad stereotyping, targeting and racial profiling
of Americans of Chinese descent is contrary to the values of
the United States and reinforces the flawed narrative
perpetuated by the People's Republic of China that ethnically
Chinese individuals worldwide have a duty to support the
People's Republic of China; and
(5) the United States efforts to combat the People's
Republic of China's intelligence activities should actively
safeguard and promote the constitutional rights of all Chinese
Americans.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, acting
through the Office of Civil Liberties, Privacy, and Transparency, in
coordination with the civil liberties and privacy officers of the
elements of the intelligence community, shall submit a report to the
congressional intelligence committees containing--
(1) a review of how the policies, procedures, and practices
of the intelligence community that govern the intelligence
activities and operations targeting the People's Republic of
China affect policies, procedures, and practices relating to
the privacy and civil liberties of Americans of Chinese descent
who may be targets of espionage and influence operations by
China; and
(2) recommendations to ensure that the privacy and civil
liberties of Americans of Chinese descent are sufficiently
protected.
(c) Form.--The report under subsection (b) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 713. INTELLIGENCE ASSESSMENT OF RELATIONSHIP BETWEEN WOMEN AND
VIOLENT EXTREMISM.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the Director of
National Intelligence, in consultation with the Secretary of Defense,
the Secretary of State, and the head of any element of the intelligence
community the Director determines appropriate, shall submit to the
appropriate congressional committees an intelligence assessment on the
relationship between women and violent extremism and terrorism
throughout the world, including an assessment of--
(1) the historical trends and current state of women's
varied roles worldwide in all aspects of violent extremism and
terrorism, including as recruiters, sympathizers, perpetrators,
and combatants, as well as peace-builders and preventers;
(2) how women's roles in all aspects of violent extremism
and terrorism are likely to change in the near- and medium-
term;
(3) the extent to which the unequal status of women affects
the ability of armed combatants and terrorist groups to enlist
or conscript women as combatants and perpetrators of violence;
(4) how terrorist groups violate the rights of women and
girls, including child, early, and forced marriage, abduction,
sexual violence, and human trafficking, and the extent to which
such violations contribute to the spread of conflict and
terrorist activities; and
(5) opportunities to address the security risk posed by
female extremists and leverage the roles of women in
counterterrorism efforts.
(b) Form.--The assessment required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Select Committee on Intelligence, the Committee on
Foreign Relations, and the Committee on Armed Services, of the
Senate; and
(2) the Permanent Select Committee on Intelligence, the
Committee on Foreign Affairs, and the Committee on Armed
Services, of the House of Representatives.
SEC. 714. REPORT ON USE BY INTELLIGENCE COMMUNITY OF FACIAL RECOGNITION
TECHNOLOGY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the use of facial recognition technology for the
purpose of suppressing or burdening criticism or dissent, or
for disadvantaging persons based on their ethnicity, race,
gender, sexual orientation, or religion, is contrary to the
values of the United States;
(2) the United States Government should not engage in the
sale or transfer of facial recognition technology to any
country that is using such technology for the suppression of
human rights; and
(3) it is incumbent upon the intelligence community to
develop clear policies and procedures that prevent the abuse of
facial recognition technology.
(b) Report Required.--Not later than 1 year 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 use
of facial recognition technology by the intelligence community. Such
report shall include each of the following:
(1) An analysis of the current use of facial recognition
technology by the intelligence community.
(2) An analysis of the accuracy of facial recognition
technology, including a discussion of the appropriate threshold
for use, and data disaggregated by race, gender, ethnicity, and
age.
(3) Whether the Government has adequate procedures in place
to audit or test technology they purchase to assess its
accuracy, including on the basis of race, gender, ethnicity,
and age.
(4) The extent to which the intelligence community has
codified policies governing the use of facial recognition
technology that adequately prevent adverse impacts on privacy,
civil rights, and civil liberties.
(5) An analysis of the ability of the intelligence
community to use facial recognition technology to identify
individuals in a way that respects constitutional rights, civil
rights, civil liberties, and privacy of such individuals.
(6) Identification of risks and safeguards to uphold the
constitutional rights, civil rights, civil liberties, and
privacy of individuals, including for communities of color and
religious minorities.
(7) Whether such technology is deployed in public areas or
on photos of public areas in a manner that could raise First
Amendment concerns.
(8) An identification of existing policies, procedures, or
practices that permit the sharing of facial recognition data
and technology with foreign governments or other non-United
States Government entities.
(9) An identification of measures in place to protect data
security.
(10) An identification of any redress procedures to address
complaints in cases where the use of facial recognition
resulted in harm to an individual.
(11) An analysis of existing transparency, oversight, and
audits of the use of facial recognition to measure the efficacy
of the technology on an ongoing basis, as measured against the
cost and impact on individual rights.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(d) Facial Recognition Data Defined.--In this section, the term
``facial recognition data'' means any unique attribute or feature of
the face of an end user that is used by facial recognition technology
to assign a unique, persistent identifier, or for the unique personal
identification of a specific individual.
SEC. 715. REPORT ON DEEPFAKE TECHNOLOGY, FOREIGN WEAPONIZATION OF
DEEPFAKES, AND RELATED NOTIFICATIONS.
(a) Report on Foreign Weaponization of Deepfakes and Deepfake
Technology.--
(1) Report required.--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--
(A) the potential national security impacts of
machine-manipulated media (commonly known as
``deepfakes''); and
(B) the actual or potential use of machine-
manipulated media by foreign governments to spread
disinformation or engage in other malign activities.
(2) Matters to be included.--The report under subsection
(a) shall include the following:
(A) An assessment of the technical capabilities of
foreign governments, including foreign intelligence
services, foreign government-affiliated entities, and
foreign individuals, with respect to machine-
manipulated media, machine-generated text, generative
adversarial networks, and related machine-learning
technologies, including--
(i) an assessment of the technical
capabilities of the People's Republic of China
and the Russian Federation with respect to the
production and detection of machine-manipulated
media; and
(ii) an annex describing those governmental
elements within China and Russia known to have
supported or facilitated machine-manipulated
media research, development, or dissemination,
as well as any civil-military fusion, private-
sector, academic, or non-governmental entities
which have meaningfully participated in such
activities.
(B) An updated assessment of how foreign
governments, including foreign intelligence services,
foreign government-affiliated entities, and foreign
individuals, could use or are using machine-manipulated
media and machine-generated text to harm the national
security interests of the United States, including an
assessment of the historic, current, or potential
future efforts of China and Russia to use machine-
manipulated media, including with respect to--
(i) the overseas or domestic dissemination
of misinformation;
(ii) the attempted discrediting of
political opponents or disfavored populations;
and
(iii) intelligence or influence operations
directed against the United States, allies or
partners of the United States, or other
jurisdictions believed to be subject to Chinese
or Russian interference.
(C) An updated identification of the counter-
technologies that have been or could be developed and
deployed by the United States Government, or by the
private sector with Government support, to deter,
detect, and attribute the use of machine-manipulated
media and machine-generated text by foreign
governments, foreign-government affiliates, or foreign
individuals, along with an analysis of the benefits,
limitations and drawbacks of such identified counter-
technologies, including any emerging concerns related
to privacy.
(D) An identification of the offices within the
elements of the intelligence community that have, or
should have, lead responsibility for monitoring the
development of, use of, and response to machine-
manipulated media and machine-generated text,
including--
(i) a description of the coordination of
such efforts across the intelligence community;
(ii) a detailed description of the existing
capabilities, tools, and relevant expertise of
such elements to determine whether a piece of
media has been machine manipulated or machine
generated, including the speed at which such
determination can be made, the confidence level
of the element in the ability to make such a
determination accurately, and how increasing
volume and improved quality of machine-
manipulated media or machine-generated text may
negatively impact such capabilities; and
(iii) a detailed description of planned or
ongoing research and development efforts
intended to improve the ability of the
intelligence community to detect machine-
manipulated media and machine-generated text.
(E) A description of any research and development
activities carried out or under consideration to be
carried out by the intelligence community, including
the Intelligence Advanced Research Projects Activity,
relevant to machine-manipulated media and machine-
generated text detection technologies.
(F) Updated recommendations regarding whether the
intelligence community requires additional legal
authorities, financial resources, or specialized
personnel to address the national security threat posed
by machine-manipulated media and machine generated
text.
(G) Other additional information the Director
determines appropriate.
(b) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
(c) Requirement for Notification.--The Director of National
Intelligence, in cooperation with the heads of any other relevant
departments or agencies of the Federal Government, shall notify the
congressional intelligence committees each time the Director of
National Intelligence determines--
(1) there is credible information or intelligence that a
foreign entity has attempted, is attempting, or will attempt to
deploy machine-manipulated media or machine-generated text
aimed at the elections or domestic political processes of the
United States; and
(2) that such intrusion or campaign can be attributed to a
foreign government, a foreign government-affiliated entity, or
a foreign individual.
(d) Annual Update.--Upon submission of the report in subsection
(a), on an annual basis, 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 any significant updates with
respect to the matters described in subsection (a).
(e) Definitions.--
(1) Machine-generated text.--The term ``machine-generated
text'' means text generated using machine-learning techniques
in order to resemble writing in natural language.
(2) Machine-manipulated media.--The term ``machine-
manipulated media'' has the meaning given that term in section
707.
SEC. 716. RULE OF CONSTRUCTION WITH RESPECT TO CERTAIN CRIMES RELATING
TO TERRORISM.
Nothing in this Act, or the amendments made by this Act, shall be
construed to contradict chapter 113B of title 18, United States Code,
including with respect to--
(1) section 2332b (relating to acts of terrorism
transcending national boundaries);
(2) section 2339 (relating to harboring or concealing
terrorists); and
(3) section 2339A (relating to providing material support
to terrorists).
SEC. 717. REPORT ON INTERNATIONAL MOBILE SUBSCRIBER IDENTITY-CATCHERS
AND UNITED STATES NATIONAL SECURITY.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the Secretary of Homeland Security, the Director of
the Federal Bureau of Investigation, and the heads of other agencies
the Director of National Intelligence determines appropriate, shall
submit to the congressional intelligence committees a report
describing--
(1) the threats that international mobile subscriber
identity-catchers pose to national security and, specifically,
the safety and security of Government personnel;
(2) the prevalence of international mobile subscriber
identity-catchers used by both foreign actors and domestic law
enforcement within the United States;
(3) actions taken by Federal agencies, as of the date of
the report, to remove or neutralize international mobile
subscriber identity-catchers installed by foreign entities,
with a primary focus on the National Capital Region (as defined
in section 2674(f) of title 10, United States Code);
(4) policy recommendations for Congress to consider that
would empower law enforcement and the intelligence community to
counter such foreign intelligence operations while minimizing
interference with legitimate domestic law enforcement
operations;
(5) the extent to which private entities, as well as
Federal entities not primarily responsible for national
security or homeland security, are able to remove, neutralize,
or otherwise render ineffective international mobile subscriber
identity-catchers; and
(6) recommendations for new software programs, or the
hardening of existing software programs, to reduce mobile phone
susceptibility to international mobile subscriber identity-
catchers.
(b) Form.--To the extent practicable, the report shall be submitted
in an unclassified, law enforcement sensitive form for the purposes of
distribution to other congressional committees, but may also include a
classified annex.
SEC. 718. WHISTLEBLOWER DISCLOSURES TO CONGRESS AND COMMITTEES OF
CONGRESS.
Section 2302 of title 5, United States Code, is amended--
(1) in subsection (b)(8)(B), by inserting ``Congress
(including any committee of Congress),'' before ``the Special
Counsel''; and
(2) in subsection (c)(2)(C)(iii)(III), by inserting after
``Congress'' the following: ``(including any committee of
Congress)''.
SEC. 719. REPORT CONTAINING THREAT ASSESSMENT ON TERRORIST USE OF
CONVENTIONAL AND ADVANCED CONVENTIONAL WEAPONS.
(a) Report Required.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for a period of 4 years,
the Under Secretary of Homeland Security for Intelligence and Analysis,
in coordination with the Director of the Federal Bureau of
Investigation, shall develop and submit to the entities in accordance
with subsection (b) a report containing a threat assessment regarding
the availability of conventional weapons, including conventional
weapons lacking serial numbers, and advanced conventional weapons, for
use in furthering acts of terrorism, including the provision of
material support or resources to a foreign terrorist organization and
to individuals or groups supporting or engaging in domestic terrorism.
(b) Dissemination of Report.--Consistent with the protection of
classified and confidential unclassified information, the Under
Secretary shall--
(1) submit the initial report required under subsection (a)
to Federal, State, local, and Tribal law enforcement officials,
including officials who operate within State, local, and
regional fusion centers under the Department of Homeland
Security State, Local, and Regional Fusion Center Initiative
established by section 210A of the Homeland Security Act of
2002 (6 U.S.C. 124h); and
(2) submit each report required under subsection (a) to the
appropriate congressional committees.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Permanent Select Committee on Intelligence,
the Committee on Homeland Security, and the Committee
on the Judiciary of the House of Representatives; and
(B) the Select Committee on Intelligence, the
Committee on Homeland Security and Governmental
Affairs, and the Committee on the Judiciary of the
Senate.
(2) Domestic terrorism.--The term ``domestic terrorism''
has the meaning given that term in section 2331 of title 18,
United States Code.
(3) Foreign terrorist organization.--The term ``foreign
terrorist organization'' means an organization designated as a
foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
SEC. 720. ASSESSMENT OF HOMELAND SECURITY VULNERABILITIES ASSOCIATED
WITH CERTAIN RETIRED AND FORMER PERSONNEL OF THE
INTELLIGENCE COMMUNITY.
(a) Assessment Required.--Not later than the date that is 120 days
after submission of the report required under section 704 of this Act,
and annually thereafter, the Director of National Intelligence, in
coordination with the Under Secretary of Homeland Security for
Intelligence and Analysis, the Director of the Federal Bureau of
Investigation, the Director of the Central Intelligence Agency, and the
Director of the Defense Counterintelligence and Security Agency, shall
submit to the appropriate congressional committees an assessment of the
homeland security vulnerabilities associated with retired and former
personnel of intelligence community providing covered intelligence
assistance.
(b) Form.--The assessment under subsection (a) may be submitted in
classified form.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(C) the Committee on Homeland Security of the House
of Representatives.
(2) Covered intelligence assistance.--The term ``covered
intelligence assistance'' has the meaning given that term in
section 704 of this Act.
SEC. 721. EXPANSION OF AVAILABILITY OF FINANCIAL ASSETS OF IRAN TO
VICTIMS OF TERRORISM.
(a) Findings.--Congress makes the following findings:
(1) On October 23, 1983, terrorists sponsored by the
Government of Iran bombed the United States Marine barracks in
Beirut, Lebanon. The terrorists killed 241 servicemen and
injured scores more.
(2) Those servicemen were killed or injured while on a
peacekeeping mission.
(3) Terrorism sponsored by the Government of Iran threatens
the national security of the United States.
(4) The United States has a vital interest in ensuring that
members of the Armed Forces killed or injured by such
terrorism, and the family members of such members, are able to
seek justice.
(b) Amendments.--Section 502 of the Iran Threat Reduction and Syria
Human Rights Act of 2012 (22 U.S.C. 8772) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A), by striking ``in the
United States'' the first place it appears and
inserting ``by or'';
(B) in subparagraph (B), by inserting ``, or an
asset that would be blocked if the asset were located
in the United States,'' after ``unblocked)''; and
(C) in the flush text at the end--
(i) by inserting after ``in aid of
execution'' the following: ``, or to an order
directing that the asset be brought to the
State in which the court is located and
subsequently to execution or attachment in aid
of execution,''; and
(ii) by inserting ``, without regard to
concerns relating to international comity''
after ``resources for such an act''; and
(2) in subsection (b)--
(A) by striking ``that are identified'' and
inserting the following: ``that are--
``(1) identified'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(2) identified in and the subject of proceedings in the
United States District Court for the Southern District of New
York in Peterson et al. v. Islamic Republic of Iran et al.,
Case No. 13 Civ. 9195 (LAP).''.
(c) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to Congress a report on threats
against the United States military and defense interests,
personnel, and their families, posed by organizations that are
designated by the Secretary of State as a foreign terrorist
organization pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189) with connections to the
Government of Iran, as determined by the Director.
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may contain a classified
annex.
SEC. 722. REPORT ON TERRORIST SCREENING DATABASE.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence and the
Secretary of State shall jointly submit to the congressional
intelligence committees, the Committee on Foreign Affairs of the House
of Representatives, and the Committee on Foreign Relations of the
Senate a report on the terrorist screening database of the Federal
Bureau of Investigation.
(b) Matters Included.--The report under subsection (a) shall
identify the following:
(1) Which foreign countries receive access to the terrorist
screening database.
(2) Which foreign countries have successfully petitioned to
add individuals to the terrorist screening database.
(3) What standards exist for determining which countries
get access to the terrorist screening database.
(4) The extent to which the human rights record of the
government of a foreign country is considered in the
determination to give the country access to the terrorist
screening database.
(5) What procedures, if any, exist to remove access to the
terrorist screening database from a foreign country.
(6) What procedures, if any, exist to inform an individual,
or the legal counsel of an individual, of the placement of the
individual on the terrorist screening database.
(c) Form.--The report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
SEC. 723. SENSE OF CONGRESS ON AMERICANS AND FOREIGN INDIVIDUALS WHO
CONTRIBUTE TO THE NATIONAL SECURITY OF THE UNITED STATES
WHO ARE HELD CAPTIVE.
It is the sense of Congress that the United States Government
should--
(1) prioritize the safety and protection for all Americans,
including citizens of the United States who are wrongfully
detained by foreign governments;
(2) make every effort to bring these Americans back home;
and
(3) provide assistance to and, as appropriate, advocate on
behalf of foreign individuals detained abroad who contributed
directly to the national security of the United States.
DIVISION B--INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEARS 2018 AND 2019
TITLE XXI--INTELLIGENCE ACTIVITIES
SEC. 2101. AUTHORIZATION OF APPROPRIATIONS.
(a) Fiscal Year 2019.--Funds are hereby authorized to be
appropriated for fiscal year 2019 for the conduct of the intelligence
and intelligence-related activities of the following elements of the
United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
(b) Fiscal Year 2018.--Funds that were appropriated for fiscal year
2018 for the conduct of the intelligence and intelligence-related
activities of the elements of the United States set forth in subsection
(a) are hereby authorized.
SEC. 2102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be
appropriated under section 2101 for the conduct of the intelligence
activities of the elements listed in paragraphs (1) through (16) of
section 2101, 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. 2103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2019 the sum of
$522,424,000.
(b) Classified Authorization of Appropriations.--In addition to
amounts authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are authorized to be
appropriated for the Intelligence Community Management Account for
fiscal year 2019 such additional amounts as are specified in the
classified Schedule of Authorizations referred to in section 2102(a).
TITLE XXII--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM
SEC. 2201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund $514,000,000 for fiscal year
2019.
SEC. 2202. COMPUTATION OF ANNUITIES FOR EMPLOYEES OF THE CENTRAL
INTELLIGENCE AGENCY.
(a) Computation of Annuities.--
(1) In general.--Section 221 of the Central Intelligence
Agency Retirement Act (50 U.S.C. 2031) is amended--
(A) in subsection (a)(3)(B), by striking the period
at the end and inserting ``, as determined by using the
annual rate of basic pay that would be payable for
full-time service in that position.'';
(B) in subsection (b)(1)(C)(i), by striking ``12-
month'' and inserting ``2-year'';
(C) in subsection (f)(2), by striking ``one year''
and inserting ``two years'';
(D) in subsection (g)(2), by striking ``one year''
each place such term appears and inserting ``two
years'';
(E) by redesignating subsections (h), (i), (j),
(k), and (l) as subsections (i), (j), (k), (l), and
(m), respectively; and
(F) by inserting after subsection (g) the
following:
``(h) Conditional Election of Insurable Interest Survivor Annuity
by Participants Married at the Time of Retirement.--
``(1) Authority to make designation.--Subject to the
rights of former spouses under subsection (b) and section 222,
at the time of retirement a married participant found by the
Director to be in good health may elect to receive an annuity
reduced in accordance with subsection (f)(1)(B) and designate
in writing an individual having an insurable interest in the
participant to receive an annuity under the system after the
participant's death, except that any such election to provide
an insurable interest survivor annuity to the participant's
spouse shall only be effective if the participant's spouse
waives the spousal right to a survivor annuity under this Act.
The amount of the annuity shall be equal to 55 percent of the
participant's reduced annuity.
``(2) Reduction in participant's annuity.--The annuity
payable to the participant making such election shall be
reduced by 10 percent of an annuity computed under subsection
(a) and by an additional 5 percent for each full 5 years the
designated individual is younger than the participant. The
total reduction under this subparagraph may not exceed 40
percent.
``(3) Commencement of survivor annuity.--The annuity
payable to the designated individual shall begin on the day
after the retired participant dies and terminate on the last
day of the month before the designated individual dies.
``(4) Recomputation of participant's annuity on death of
designated individual.--An annuity that is reduced under this
subsection shall, effective the first day of the month
following the death of the designated individual, be recomputed
and paid as if the annuity had not been so reduced.''.
(2) Conforming amendments.--
(A) Central intelligence agency retirement act.--
The Central Intelligence Agency Retirement Act (50
U.S.C. 2001 et seq.) is amended--
(i) in section 232(b)(1) (50 U.S.C.
2052(b)(1)), by striking ``221(h),'' and
inserting ``221(i),''; and
(ii) in section 252(h)(4) (50 U.S.C.
2082(h)(4)), by striking ``221(k)'' and
inserting ``221(l)''.
(B) Central intelligence agency act of 1949.--
Subsection (a) of section 14 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3514(a)) is
amended by striking ``221(h)(2), 221(i), 221(l),'' and
inserting ``221(i)(2), 221(j), 221(m),''.
(b) Annuities for Former Spouses.--Subparagraph (B) of section
222(b)(5) of the Central Intelligence Agency Retirement Act (50 U.S.C.
2032(b)(5)(B)) is amended by striking ``one year'' and inserting ``two
years''.
(c) Prior Service Credit.--Subparagraph (A) of section 252(b)(3) of
the Central Intelligence Agency Retirement Act (50 U.S.C.
2082(b)(3)(A)) is amended by striking ``October 1, 1990'' both places
that term appears and inserting ``March 31, 1991''.
(d) Reemployment Compensation.--Section 273 of the Central
Intelligence Agency Retirement Act (50 U.S.C. 2113) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Part-Time Reemployed Annuitants.--The Director shall have the
authority to reemploy an annuitant on a part-time basis in accordance
with section 8344(l) of title 5, United States Code.''.
(e) Effective Date and Application.--The amendments made by
subsection (a)(1)(A) and subsection (c) shall take effect as if enacted
on October 28, 2009, and shall apply to computations or participants,
respectively, as of such date.
TITLE XXIII--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 2301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this division shall not be
deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or the
laws of the United States.
SEC. 2302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be increased
by such additional or supplemental amounts as may be necessary for
increases in such compensation or benefits authorized by law.
SEC. 2303. MODIFICATION OF SPECIAL PAY AUTHORITY FOR SCIENCE,
TECHNOLOGY, ENGINEERING, OR MATHEMATICS POSITIONS AND
ADDITION OF SPECIAL PAY AUTHORITY FOR CYBER POSITIONS.
Section 113B of the National Security Act of 1947 (50 U.S.C. 3049a)
is amended--
(1) by amending subsection (a) to read as follows:
``(a) Special Rates of Pay for Positions Requiring Expertise in
Science, Technology, Engineering, or Mathematics.--
``(1) In general.--Notwithstanding part III of title 5,
United States Code, the head of each element of the
intelligence community may, for one or more categories of
positions in such element that require expertise in science,
technology, engineering, or mathematics--
``(A) establish higher minimum rates of pay; and
``(B) make corresponding increases in all rates of
pay of the pay range for each grade or level, subject
to subsection (b) or (c), as applicable.
``(2) Treatment.--The special rate supplements resulting
from the establishment of higher rates under paragraph (1)
shall be basic pay for the same or similar purposes as those
specified in section 5305(j) of title 5, United States Code.'';
(2) by redesignating subsections (b) through (f) as
subsections (c) through (g), respectively;
(3) by inserting after subsection (a) the following:
``(b) Special Rates of Pay for Cyber Positions.--
``(1) In general.--Notwithstanding subsection (c), the
Director of the National Security Agency may establish a
special rate of pay--
``(A) not to exceed the rate of basic pay payable
for level II of the Executive Schedule under section
5313 of title 5, United States Code, if the Director
certifies to the Under Secretary of Defense for
Intelligence, in consultation with the Under Secretary
of Defense for Personnel and Readiness, that the rate
of pay is for positions that perform functions that
execute the cyber mission of the Agency; or
``(B) not to exceed the rate of basic pay payable
for the Vice President of the United States under
section 104 of title 3, United States Code, if the
Director certifies to the Secretary of Defense, by
name, individuals that have advanced skills and
competencies and that perform critical functions that
execute the cyber mission of the Agency.
``(2) Pay limitation.--Employees receiving a special rate
under paragraph (1) shall be subject to an aggregate pay
limitation that parallels the limitation established in section
5307 of title 5, United States Code, except that--
``(A) any allowance, differential, bonus, award, or
other similar cash payment in addition to basic pay
that is authorized under title 10, United States Code,
(or any other applicable law in addition to title 5 of
such Code, excluding the Fair Labor Standards Act of
1938 (29 U.S.C. 201 et seq.)) shall also be counted as
part of aggregate compensation; and
``(B) aggregate compensation may not exceed the
rate established for the Vice President of the United
States under section 104 of title 3, United States
Code.
``(3) Limitation on number of recipients.--The number of
individuals who receive basic pay established under paragraph
(1)(B) may not exceed 100 at any time.
``(4) Limitation on use as comparative reference.--
Notwithstanding any other provision of law, special rates of
pay and the limitation established under paragraph (1)(B) may
not be used as comparative references for the purpose of fixing
the rates of basic pay or maximum pay limitations of qualified
positions under section 1599f of title 10, United States Code,
or section 226 of the Homeland Security Act of 2002 (6 U.S.C.
147).'';
(4) in subsection (c), as redesignated by paragraph (2), by
striking ``A minimum'' and inserting ``Except as provided in
subsection (b), a minimum'';
(5) in subsection (d), as redesignated by paragraph (2), by
inserting ``or (b)'' after ``by subsection (a)''; and
(6) in subsection (g), as redesignated by paragraph (2)--
(A) in paragraph (1), by striking ``Not later than
90 days after the date of the enactment of the
Intelligence Authorization Act for Fiscal Year 2017''
and inserting ``Not later than 90 days after the date
of the enactment of the Damon Paul Nelson and Matthew
Young Pollard Intelligence Authorization Act for Fiscal
Years 2018 and 2019''; and
(B) in paragraph (2)(A), by inserting ``or (b)''
after ``subsection (a)''.
SEC. 2304. MODIFICATION OF APPOINTMENT OF CHIEF INFORMATION OFFICER OF
THE INTELLIGENCE COMMUNITY.
Section 103G(a) of the National Security Act of 1947 (50 U.S.C.
3032(a)) is amended by striking ``President'' and inserting
``Director''.
SEC. 2305. DIRECTOR OF NATIONAL INTELLIGENCE REVIEW OF PLACEMENT OF
POSITIONS WITHIN THE INTELLIGENCE COMMUNITY ON THE
EXECUTIVE SCHEDULE.
(a) Review.--The Director of National Intelligence, in coordination
with the Director of the Office of Personnel Management, shall conduct
a review of positions within the intelligence community regarding the
placement of such positions on the Executive Schedule under subchapter
II of chapter 53 of title 5, United States Code. In carrying out such
review, the Director of National Intelligence, in coordination with the
Director of the Office of Personnel Management, shall determine--
(1) the standards under which such review will be
conducted;
(2) which positions should or should not be on the
Executive Schedule; and
(3) for those positions that should be on the Executive
Schedule, the level of the Executive Schedule at which such
positions should be placed.
(b) Report.--Not later than 60 days after the date on which the
review under subsection (a) is completed, the Director of National
Intelligence shall submit to the congressional intelligence committees,
the Committee on Homeland Security and Governmental Affairs of the
Senate, and the Committee on Oversight and Reform of the House of
Representatives an unredacted report describing the standards by which
the review was conducted and the outcome of the review.
SEC. 2306. SUPPLY CHAIN AND COUNTERINTELLIGENCE RISK MANAGEMENT TASK
FORCE.
(a) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional intelligence committees.
(2) The Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(3) The Committee on Armed Services, the Committee on
Homeland Security, and the Committee on Oversight and Reform of
the House of Representatives.
(b) Requirement To Establish.--The Director of National
Intelligence shall establish a Supply Chain and Counterintelligence
Risk Management Task Force to standardize information sharing between
the intelligence community and the acquisition community of the United
States Government with respect to the supply chain and
counterintelligence risks.
(c) Members.--The Supply Chain and Counterintelligence Risk
Management Task Force established under subsection (b) shall be
composed of--
(1) a representative of the Defense Security Service of the
Department of Defense;
(2) a representative of the General Services
Administration;
(3) a representative of the Office of Federal Procurement
Policy of the Office of Management and Budget;
(4) a representative of the Department of Homeland
Security;
(5) a representative of the Federal Bureau of
Investigation;
(6) the Director of the National Counterintelligence and
Security Center; and
(7) any other members the Director of National Intelligence
determines appropriate.
(d) Security Clearances.--Each member of the Supply Chain and
Counterintelligence Risk Management Task Force established under
subsection (b) shall have a security clearance at the top secret level
and be able to access sensitive compartmented information.
(e) Annual Report.--The Supply Chain and Counterintelligence Risk
Management Task Force established under subsection (b) shall submit to
the appropriate congressional committees an annual report that
describes the activities of the Task Force during the previous year,
including identification of the supply chain and counterintelligence
risks shared with the acquisition community of the United States
Government by the intelligence community.
SEC. 2307. CONSIDERATION OF ADVERSARIAL TELECOMMUNICATIONS AND
CYBERSECURITY INFRASTRUCTURE WHEN SHARING INTELLIGENCE
WITH FOREIGN GOVERNMENTS AND ENTITIES.
Whenever the head of an element of the intelligence community
enters into an intelligence sharing agreement with a foreign government
or any other foreign entity, the head of the element shall consider the
pervasiveness of telecommunications and cybersecurity infrastructure,
equipment, and services provided by adversaries of the United States,
particularly China and Russia, or entities of such adversaries in the
country or region of the foreign government or other foreign entity
entering into the agreement.
SEC. 2308. CYBER PROTECTION SUPPORT FOR THE PERSONNEL OF THE
INTELLIGENCE COMMUNITY IN POSITIONS HIGHLY VULNERABLE TO
CYBER ATTACK.
(a) Definitions.--In this section:
(1) Personal accounts.--The term ``personal accounts''
means accounts for online and telecommunications services,
including telephone, residential Internet access, email, text
and multimedia messaging, cloud computing, social media, health
care, and financial services, used by personnel of the
intelligence community outside of the scope of their employment
with elements of the intelligence community.
(2) Personal technology devices.--The term ``personal
technology devices'' means technology devices used by personnel
of the intelligence community outside of the scope of their
employment with elements of the intelligence community,
including networks to which such devices connect.
(b) Authority To Provide Cyber Protection Support.--
(1) In general.--Subject to a determination by the Director
of National Intelligence, the Director may provide cyber
protection support for the personal technology devices and
personal accounts of the personnel described in paragraph (2).
(2) At-risk personnel.--The personnel described in this
paragraph are personnel of the intelligence community--
(A) who the Director determines to be highly
vulnerable to cyber attacks and hostile information
collection activities because of the positions occupied
by such personnel in the intelligence community; and
(B) whose personal technology devices or personal
accounts are highly vulnerable to cyber attacks and
hostile information collection activities.
(c) Nature of Cyber Protection Support.--Subject to the
availability of resources, the cyber protection support provided to
personnel under subsection (b) may include training, advice,
assistance, and other services relating to cyber attacks and hostile
information collection activities.
(d) Limitation on Support.--Nothing in this section shall be
construed--
(1) to encourage personnel of the intelligence community to
use personal technology devices for official business; or
(2) to authorize cyber protection support for senior
intelligence community personnel using personal devices,
networks, and personal accounts in an official capacity.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director shall submit to the congressional
intelligence committees a report on the provision of cyber protection
support under subsection (b). The report shall include--
(1) a description of the methodology used to make the
determination under subsection (b)(2); and
(2) guidance for the use of cyber protection support and
tracking of support requests for personnel receiving cyber
protection support under subsection (b).
SEC. 2309. ELIMINATION OF SUNSET OF AUTHORITY RELATING TO MANAGEMENT OF
SUPPLY-CHAIN RISK.
Section 309 of the Intelligence Authorization Act for Fiscal Year
2012 (Public Law 112-87; 50 U.S.C. 3329 note) is amended by striking
subsection (g).
SEC. 2310. LIMITATIONS ON DETERMINATIONS REGARDING CERTAIN SECURITY
CLASSIFICATIONS.
(a) Prohibition.--An officer of an element of the intelligence
community who has been nominated by the President for a position that
requires the advice and consent of the Senate may not make a
classification decision with respect to information related to such
officer's nomination.
(b) Classification Determinations.--
(1) In general.--Except as provided in paragraph (2), in a
case in which an officer described in subsection (a) has been
nominated as described in such subsection and classification
authority rests with the officer or another officer who reports
directly to such officer, a classification decision with
respect to information relating to the officer shall be made by
the Director of National Intelligence.
(2) Nominations of director of national intelligence.--In a
case described in paragraph (1) in which the officer nominated
is the Director of National Intelligence, the classification
decision shall be made by the Principal Deputy Director of
National Intelligence.
(c) Reports.--Whenever the Director or the Principal Deputy
Director makes a decision under subsection (b), the Director or the
Principal Deputy Director, as the case may be, shall submit to the
congressional intelligence committees a report detailing the reasons
for the decision.
SEC. 2311. JOINT INTELLIGENCE COMMUNITY COUNCIL.
(a) Meetings.--Section 101A(d) of the National Security Act of 1947
(50 U.S.C. 3022(d)) is amended--
(1) by striking ``regular''; and
(2) by inserting ``as the Director considers appropriate''
after ``Council''.
(b) Report on Function and Utility of the Joint Intelligence
Community Council.--
(1) In general.--No later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in coordination with the Executive Office of the
President and members of the Joint Intelligence Community
Council, shall submit to the congressional intelligence
committees a report on the function and utility of the Joint
Intelligence Community Council.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) The number of physical or virtual meetings held
by the Council per year since the Council's inception.
(B) A description of the effect and accomplishments
of the Council.
(C) An explanation of the unique role of the
Council relative to other entities, including with
respect to the National Security Council and the
Executive Committee of the intelligence community.
(D) Recommendations for the future role and
operation of the Council.
(E) Such other matters relating to the function and
utility of the Council as the Director considers
appropriate.
(3) Form.--The report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
SEC. 2312. INTELLIGENCE COMMUNITY INFORMATION TECHNOLOGY ENVIRONMENT.
(a) Definitions.--In this section:
(1) Core service.--The term ``core service'' means a
capability that is available to multiple elements of the
intelligence community and required for consistent operation of
the intelligence community information technology environment.
(2) Intelligence community information technology
environment.--The term ``intelligence community information
technology environment'' means all of the information
technology services across the intelligence community,
including the data sharing and protection environment across
multiple classification domains.
(b) Roles and Responsibilities.--
(1) Director of national intelligence.--The Director of
National Intelligence shall be responsible for coordinating the
performance by elements of the intelligence community of the
intelligence community information technology environment,
including each of the following:
(A) Ensuring compliance with all applicable
environment rules and regulations of such environment.
(B) Ensuring measurable performance goals exist for
such environment.
(C) Documenting standards and practices of such
environment.
(D) Acting as an arbiter among elements of the
intelligence community related to any disagreements
arising out of the implementation of such environment.
(E) Delegating responsibilities to the elements of
the intelligence community and carrying out such other
responsibilities as are necessary for the effective
implementation of such environment.
(2) Core service providers.--Providers of core services
shall be responsible for--
(A) providing core services, in coordination with
the Director of National Intelligence; and
(B) providing the Director with information
requested and required to fulfill the responsibilities
of the Director under paragraph (1).
(3) Use of core services.--
(A) In general.--Except as provided in subparagraph
(B), each element of the intelligence community shall
use core services when such services are available.
(B) Exception.--The Director of National
Intelligence may provide for a written exception to the
requirement under subparagraph (A) if the Director
determines there is a compelling financial or mission
need for such exception.
(c) Management Accountability.--Not later than 90 days after the
date of the enactment of this Act, the Director of National
Intelligence shall designate and maintain one or more accountable
executives of the intelligence community information technology
environment to be responsible for--
(1) management, financial control, and integration of such
environment;
(2) overseeing the performance of each core service,
including establishing measurable service requirements and
schedules;
(3) to the degree feasible, ensuring testing of each core
service of such environment, including testing by the intended
users, to evaluate performance against measurable service
requirements and to ensure the capability meets user
requirements; and
(4) coordinate transition or restructuring efforts of such
environment, including phaseout of legacy systems.
(d) Security Plan.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
develop and maintain a security plan for the intelligence community
information technology environment.
(e) Long-Term Roadmap.--Not later than 180 days after the date of
the enactment of this Act, and during each of the second and fourth
fiscal quarters thereafter, the Director of National Intelligence shall
submit to the congressional intelligence committees a long-term roadmap
that shall include each of the following:
(1) A description of the minimum required and desired core
service requirements, including--
(A) key performance parameters; and
(B) an assessment of current, measured performance.
(2) implementation milestones for the intelligence
community information technology environment, including each of
the following:
(A) A schedule for expected deliveries of core
service capabilities during each of the following
phases:
(i) Concept refinement and technology
maturity demonstration.
(ii) Development, integration, and
demonstration.
(iii) Production, deployment, and
sustainment.
(iv) System retirement.
(B) Dependencies of such core service capabilities.
(C) Plans for the transition or restructuring
necessary to incorporate core service capabilities.
(D) A description of any legacy systems and
discontinued capabilities to be phased out.
(3) Such other matters as the Director determines
appropriate.
(f) Business Plan.--Not later than 180 days after the date of the
enactment of this Act, and during each of the second and fourth fiscal
quarters thereafter, the Director of National Intelligence shall submit
to the congressional intelligence committees a business plan that
includes each of the following:
(1) A systematic approach to identify core service funding
requests for the intelligence community information technology
environment within the proposed budget, including multiyear
plans to implement the long-term roadmap required by subsection
(e).
(2) A uniform approach by which each element of the
intelligence community shall identify the cost of legacy
information technology or alternative capabilities where
services of the intelligence community information technology
environment will also be available.
(3) A uniform effort by which each element of the
intelligence community shall identify transition and
restructuring costs for new, existing, and retiring services of
the intelligence community information technology environment,
as well as services of such environment that have changed
designations as a core service.
(g) Quarterly Presentations.--Beginning not later than 180 days
after the date of the enactment of this Act, the Director of National
Intelligence shall provide to the congressional intelligence committees
quarterly updates regarding ongoing implementation of the intelligence
community information technology environment as compared to the
requirements in the most recently submitted security plan required by
subsection (d), long-term roadmap required by subsection (e), and
business plan required by subsection (f).
(h) Additional Notifications.--The Director of National
Intelligence shall provide timely notification to the congressional
intelligence committees regarding any policy changes related to or
affecting the intelligence community information technology
environment, new initiatives or strategies related to or impacting such
environment, and changes or deficiencies in the execution of the
security plan required by subsection (d), long-term roadmap required by
subsection (e), and business plan required by subsection (f).
(i) Sunset.--The section shall have no effect on or after September
30, 2024.
SEC. 2313. REPORT ON DEVELOPMENT OF SECURE MOBILE VOICE SOLUTION FOR
INTELLIGENCE COMMUNITY.
(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Director of the Central Intelligence Agency and
the Director of the National Security Agency, shall submit to the
congressional intelligence committees a classified report on the
feasibility, desirability, cost, and required schedule associated with
the implementation of a secure mobile voice solution for the
intelligence community.
(b) Contents.--The report required by subsection (a) shall include,
at a minimum, the following:
(1) The benefits and disadvantages of a secure mobile voice
solution.
(2) Whether the intelligence community could leverage
commercially available technology for classified voice
communications that operates on commercial mobile networks in a
secure manner and identifying the accompanying security risks
to such networks.
(3) A description of any policies or community guidance
that would be necessary to govern the potential solution, such
as a process for determining the appropriate use of a secure
mobile telephone and any limitations associated with such use.
SEC. 2314. POLICY ON MINIMUM INSIDER THREAT STANDARDS.
(a) Policy Required.--Not later than 60 days after the date of the
enactment of this Act, the Director of National Intelligence shall
establish a policy for minimum insider threat standards that is
consistent with the National Insider Threat Policy and Minimum
Standards for Executive Branch Insider Threat Programs.
(b) Implementation.--Not later than 180 days after the date of the
enactment of this Act, the head of each element of the intelligence
community shall implement the policy established under subsection (a).
SEC. 2315. SUBMISSION OF INTELLIGENCE COMMUNITY POLICIES.
(a) Definitions.--In this section:
(1) Electronic repository.--The term ``electronic
repository'' means the electronic distribution mechanism, in
use as of the date of the enactment of this Act, or any
successor electronic distribution mechanism, by which the
Director of National Intelligence submits to the congressional
intelligence committees information.
(2) Policy.--The term ``policy'', with respect to the
intelligence community, includes unclassified or classified--
(A) directives, policy guidance, and policy
memoranda of the intelligence community;
(B) executive correspondence of the Director of
National Intelligence; and
(C) any equivalent successor policy instruments.
(b) Submission of Policies.--
(1) Current policy.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees using the electronic repository all nonpublicly
available policies issued by the Director of National
Intelligence for the intelligence community that are in effect
as of the date of the submission.
(2) Continuous updates.--Not later than 15 days after the
date on which the Director of National Intelligence issues,
modifies, or rescinds a policy of the intelligence community,
the Director shall--
(A) notify the congressional intelligence
committees of such addition, modification, or removal;
and
(B) update the electronic repository with respect
to such addition, modification, or removal.
SEC. 2316. EXPANSION OF INTELLIGENCE COMMUNITY RECRUITMENT EFFORTS.
In order to further increase the diversity of the intelligence
community workforce, not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with heads of elements of the Intelligence Community,
shall create, implement, and submit to the congressional intelligence
committees a written plan to ensure that rural and underrepresented
regions are more fully and consistently represented in such elements'
employment recruitment efforts. Upon receipt of the plan, the
congressional committees shall have 60 days to submit comments to the
Director of National Intelligence before such plan shall be
implemented.
TITLE XXIV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 2401. 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. 2402. DESIGNATION OF THE PROGRAM MANAGER-INFORMATION SHARING
ENVIRONMENT.
(a) Information Sharing Environment.--Section 1016(b) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
485(b)) is amended--
(1) in paragraph (1), by striking ``President'' and
inserting ``Director of National Intelligence''; and
(2) in paragraph (2), by striking ``President'' both places
that term appears and inserting ``Director of National
Intelligence''.
(b) Program Manager.--Section 1016(f)(1) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C. 485(f)(1)) is amended by
striking ``The individual designated as the program manager shall serve
as program manager until removed from service or replaced by the
President (at the President's sole discretion).'' and inserting
``Beginning on the date of the enactment of the Damon Paul Nelson and
Matthew Young Pollard Intelligence Authorization Act for Fiscal Years
2018, 2019 and 2020, each individual designated as the program manager
shall be appointed by the Director of National Intelligence.''.
SEC. 2403. TECHNICAL MODIFICATION TO THE EXECUTIVE SCHEDULE.
Section 5315 of title 5, United States Code, is amended by adding
at the end the following:
``Director of the National Counterintelligence and Security
Center.''.
SEC. 2404. CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE COMMUNITY.
Section 103I(a) of the National Security Act of 1947 (50 U.S.C.
3034(a)) is amended by adding at the end the following new sentence:
``The Chief Financial Officer shall report directly to the Director of
National Intelligence.''.
SEC. 2405. CHIEF INFORMATION OFFICER OF THE INTELLIGENCE COMMUNITY.
Section 103G(a) of the National Security Act of 1947 (50 U.S.C.
3032(a)) is amended by adding at the end the following new sentence:
``The Chief Information Officer shall report directly to the Director
of National Intelligence.''.
Subtitle B--Central Intelligence Agency
SEC. 2411. CENTRAL INTELLIGENCE AGENCY SUBSISTENCE FOR PERSONNEL
ASSIGNED TO AUSTERE LOCATIONS.
Subsection (a) of section 5 of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 3506) is amended--
(1) in paragraph (1), by striking ``(50 U.S.C. 403-4a).,''
and inserting ``(50 U.S.C. 403-4a),'';
(2) in paragraph (6), by striking ``and'' at the end;
(3) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following new paragraph:
``(8) Upon the approval of the Director, provide, during
any fiscal year, with or without reimbursement, subsistence to
any personnel assigned to an overseas location designated by
the Agency as an austere location.''.
SEC. 2412. SPECIAL RULES FOR CERTAIN MONTHLY WORKERS' COMPENSATION
PAYMENTS AND OTHER PAYMENTS FOR CENTRAL INTELLIGENCE
AGENCY PERSONNEL.
(a) In General.--The Central Intelligence Agency Act of 1949 (50
U.S.C. 3501 et seq.) is amended by inserting after section 19 the
following new section:
``SEC. 19A. SPECIAL RULES FOR CERTAIN INDIVIDUALS INJURED BY REASON OF
WAR, INSURGENCY, HOSTILE ACT, OR TERRORIST ACTIVITIES.
``(a) Definitions.--In this section:
``(1) Covered dependent.--The term `covered dependent'
means a family member (as defined by the Director) of a covered
employee who, on or after September 11, 2001--
``(A) accompanies the covered employee to an
assigned duty station in a foreign country; and
``(B) becomes injured by reason of a qualifying
injury.
``(2) Covered employee.--The term `covered employee' means
an officer or employee of the Central Intelligence Agency who,
on or after September 11, 2001, becomes injured by reason of a
qualifying injury.
``(3) Covered individual.--The term `covered individual'
means an individual who--
``(A)(i) is detailed to the Central Intelligence
Agency from other agencies of the United States
Government or from the Armed Forces; or
``(ii) is affiliated with the Central Intelligence
Agency, as determined by the Director; and
``(B) who, on or after September 11, 2001, becomes
injured by reason of a qualifying injury.
``(4) Qualifying injury.--The term `qualifying injury'
means the following:
``(A) With respect to a covered dependent, an
injury incurred--
``(i) during a period in which the covered
dependent is accompanying the covered employee
to an assigned duty station in a foreign
country;
``(ii) in connection with war, insurgency,
hostile act, terrorist activity, or other
incident designated by the Director; and
``(iii) that was not the result of the
willful misconduct of the covered dependent.
``(B) With respect to a covered employee or a
covered individual, an injury incurred--
``(i) during a period of assignment to a
duty station in a foreign country;
``(ii) in connection with a war,
insurgency, hostile act, terrorist activity, or
other incident designated by the Director; and
``(iii) that was not the result of the
willful misconduct of the covered employee or
the covered individual.
``(b) Adjustment of Compensation for Certain Injuries.--
``(1) Increase.--The Director may increase the amount of
monthly compensation paid to a covered employee under section
8105 of title 5, United States Code. Subject to paragraph (2),
the Director may determine the amount of each such increase by
taking into account--
``(A) the severity of the qualifying injury;
``(B) the circumstances by which the covered
employee became injured; and
``(C) the seniority of the covered employee.
``(2) Maximum.--Notwithstanding chapter 81 of title 5,
United States Code, the total amount of monthly compensation
increased under paragraph (1) may not exceed the monthly pay of
the maximum rate of basic pay for GS-15 of the General Schedule
under section 5332 of such title.
``(c) Costs for Treating Qualifying Injuries.--The Director may pay
the costs of treating a qualifying injury of a covered employee, a
covered individual, or a covered dependent, or may reimburse a covered
employee, a covered individual, or a covered dependent for such costs,
that are not otherwise covered by chapter 81 of title 5, United States
Code, or other provision of Federal law.
``(d) Treatment of Amounts.--For purposes of section 104 of the
Internal Revenue Code of 1986, amounts paid pursuant to this section
shall be treated as amounts paid under chapter 81 of title 5, United
States Code.''.
(b) Regulations.--Not later than 120 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency
shall--
(1) prescribe regulations ensuring the fair and equitable
implementation of section 19A of the Central Intelligence
Agency Act of 1949, as added by subsection (a); and
(2) submit to the congressional intelligence committees
such regulations.
(c) Application.--Section 19A of the Central Intelligence Agency
Act of 1949, as added by subsection (a), shall apply with respect to--
(1) payments made to covered employees (as defined in such
section) under section 8105 of title 5, United States Code,
beginning on or after the date of the enactment of this Act;
and
(2) treatment described in subsection (b) of such section
19A occurring on or after the date of the enactment of this
Act.
SEC. 2413. EXPANSION OF SECURITY PROTECTIVE SERVICE JURISDICTION OF THE
CENTRAL INTELLIGENCE AGENCY.
Subsection (a)(1) of section 15 of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 3515(a)) is amended--
(1) in subparagraph (B), by striking ``500 feet;'' and
inserting ``500 yards;''; and
(2) in subparagraph (D), by striking ``500 feet.'' and
inserting ``500 yards.''.
SEC. 2414. REPEAL OF FOREIGN LANGUAGE PROFICIENCY REQUIREMENT FOR
CERTAIN SENIOR LEVEL POSITIONS IN THE CENTRAL
INTELLIGENCE AGENCY.
(a) Repeal of Foreign Language Proficiency Requirement.--Section
104A of the National Security Act of 1947 (50 U.S.C. 3036) is amended
by striking subsection (g).
(b) Conforming Repeal of Report Requirement.--Section 611 of the
Intelligence Authorization Act for Fiscal Year 2005 (Public Law 108-
487) is amended by striking subsection (c).
Subtitle C--Office of Intelligence and Counterintelligence of
Department of Energy
SEC. 2421. CONSOLIDATION OF DEPARTMENT OF ENERGY OFFICES OF
INTELLIGENCE AND COUNTERINTELLIGENCE.
(a) In General.--Section 215 of the Department of Energy
Organization Act (42 U.S.C. 7144b) is amended to read as follows:
``office of intelligence and counterintelligence
``Sec. 215. (a) Definitions.--In this section, the terms
`intelligence community' and `National Intelligence Program' have the
meanings given such terms in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
``(b) In General.--There is in the Department an Office of
Intelligence and Counterintelligence. Such office shall be under the
National Intelligence Program.
``(c) Director.--(1) The head of the Office shall be the Director
of the Office of Intelligence and Counterintelligence, who shall be an
employee in the Senior Executive Service, the Senior Intelligence
Service, the Senior National Intelligence Service, or any other Service
that the Secretary, in coordination with the Director of National
Intelligence, considers appropriate. The Director of the Office shall
report directly to the Secretary.
``(2) The Secretary shall select an individual to serve as the
Director from among individuals who have substantial expertise in
matters relating to the intelligence community, including foreign
intelligence and counterintelligence.
``(d) Duties.--(1) Subject to the authority, direction, and control
of the Secretary, the Director shall perform such duties and exercise
such powers as the Secretary may prescribe.
``(2) The Director shall be responsible for establishing policy for
intelligence and counterintelligence programs and activities at the
Department.''.
(b) Conforming Repeal.--Section 216 of the Department of Energy
Organization Act (42 U.S.C. 7144c) is hereby repealed.
(c) Clerical Amendment.--The table of contents at the beginning of
the Department of Energy Organization Act is amended by striking the
items relating to sections 215 and 216 and inserting the following new
item:
``Sec. 215. Office of Intelligence and Counterintelligence.''.
SEC. 2422. ESTABLISHMENT OF ENERGY INFRASTRUCTURE SECURITY CENTER.
Section 215 of the Department of Energy Organization Act (42 U.S.C.
7144b), as amended by section 2421, is further amended by adding at the
end the following:
``(e) Energy Infrastructure Security Center.--(1)(A) The President
shall establish an Energy Infrastructure Security Center, taking into
account all appropriate government tools to analyze and disseminate
intelligence relating to the security of the energy infrastructure of
the United States.
``(B) The Director of Intelligence and Counterintelligence shall
appoint the head of the Energy Infrastructure Security Center.
``(C) The Energy Infrastructure Security Center shall be located
within the Office of Intelligence and Counterintelligence.
``(2) In establishing the Energy Infrastructure Security Center,
the Director of the Office of Intelligence and Counterintelligence
shall address the following missions and objectives to coordinate and
disseminate intelligence relating to the security of the energy
infrastructure of the United States:
``(A) Establishing a primary organization within the United
States Government for analyzing and integrating all
intelligence possessed or acquired by the United States
pertaining to the security of the energy infrastructure of the
United States.
``(B) Ensuring that appropriate departments and agencies
have full access to and receive intelligence support needed to
execute the plans or activities of the agencies, and perform
independent, alternative analyses.
``(C) Establishing a central repository on known and
suspected foreign threats to the energy infrastructure of the
United States, including with respect to any individuals,
groups, or entities engaged in activities targeting such
infrastructure, and the goals, strategies, capabilities, and
networks of such individuals, groups, or entities.
``(D) Disseminating intelligence information relating to
the security of the energy infrastructure of the United States,
including threats and analyses, to the President, to the
appropriate departments and agencies, and to the appropriate
committees of Congress.
``(3) The President may waive the requirements of this subsection,
and any parts thereof, if the President determines that such
requirements do not materially improve the ability of the United States
Government to prevent and halt attacks against the energy
infrastructure of the United States. Such waiver shall be made in
writing to Congress and shall include a description of how the missions
and objectives in paragraph (2) are being met.
``(4) If the President decides not to exercise the waiver authority
granted by paragraph (3), the President shall submit to Congress from
time to time updates and plans regarding the establishment of an Energy
Infrastructure Security Center.''.
SEC. 2423. REPEAL OF DEPARTMENT OF ENERGY INTELLIGENCE EXECUTIVE
COMMITTEE AND BUDGET REPORTING REQUIREMENT.
Section 214 of the Department of Energy Organization Act (42 U.S.C.
7144a) is amended--
(1) by striking ``(a)''; and
(2) by striking subsections (b) and (c).
Subtitle D--Other Elements
SEC. 2431. PLAN FOR DESIGNATION OF COUNTERINTELLIGENCE COMPONENT OF
DEFENSE SECURITY SERVICE AS AN ELEMENT OF INTELLIGENCE
COMMUNITY.
Not later than 90 days after the date of the enactment of this Act,
the Director of National Intelligence and Under Secretary of Defense
for Intelligence, in coordination with the Director of the National
Counterintelligence and Security Center, shall submit to the
congressional intelligence committees, the Committee on Armed Services
of the Senate, and the Committee on Armed Services of the House of
Representatives a plan to designate the counterintelligence component
of the Defense Security Service of the Department of Defense as an
element of the intelligence community by not later than January 1,
2021. Such plan shall--
(1) address the implications of such designation on the
authorities, governance, personnel, resources, information
technology, collection, analytic products, information sharing,
and business processes of the Defense Security Service and the
intelligence community; and
(2) not address the personnel security functions of the
Defense Security Service.
SEC. 2432. NOTICE NOT REQUIRED FOR PRIVATE ENTITIES.
Section 3553 of title 44, United States Code, is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following:
``(j) Rule of Construction.--Nothing in this section shall be
construed to require the Secretary to provide notice to any private
entity before the Secretary issues a binding operational directive
under subsection (b)(2).''.
SEC. 2433. ESTABLISHMENT OF ADVISORY BOARD FOR NATIONAL RECONNAISSANCE
OFFICE.
(a) Establishment.--Section 106A of the National Security Act of
1947 (50 U.S.C. 3041a) is amended by adding at the end the following
new subsection:
``(d) Advisory Board.--
``(1) Establishment.--There is established in the National
Reconnaissance Office an advisory board (in this section
referred to as the `Board').
``(2) Duties.--The Board shall--
``(A) study matters relating to the mission of the
National Reconnaissance Office, including with respect
to promoting innovation, competition, and resilience in
space, overhead reconnaissance, acquisition, and other
matters; and
``(B) advise and report directly to the Director
with respect to such matters.
``(3) Members.--
``(A) Number and appointment.--
``(i) In general.--The Board shall be
composed of five members appointed by the
Director from among individuals with
demonstrated academic, government, business, or
other expertise relevant to the mission and
functions of the National Reconnaissance
Office.
``(ii) Notification.--Not later than 30
days after the date on which the Director
appoints a member to the Board, the Director
shall notify the congressional intelligence
committees and the congressional defense
committees (as defined in section 101(a) of
title 10, United States Code) of such
appointment.
``(B) Terms.--Each member shall be appointed for a
term of 2 years. Except as provided by subparagraph
(C), a member may not serve more than three terms.
``(C) Vacancy.--Any member appointed to fill a
vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be
appointed only for the remainder of that term. A member
may serve after the expiration of that member's term
until a successor has taken office.
``(D) Chair.--The Board shall have a Chair, who
shall be appointed by the Director from among the
members.
``(E) Travel expenses.--Each member shall receive
travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions
under subchapter I of chapter 57 of title 5, United
States Code.
``(F) Executive secretary.--The Director may
appoint an executive secretary, who shall be an
employee of the National Reconnaissance Office, to
support the Board.
``(4) Meetings.--The Board shall meet not less than
quarterly, but may meet more frequently at the call of the
Director.
``(5) Reports.--Not later than March 31 of each year, the
Board shall submit to the Director and to the congressional
intelligence committees a report on the activities and
significant findings of the Board during the preceding year.
``(6) Nonapplicability of certain requirements.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the Board.
``(7) Termination.--The Board shall terminate on the date
that is 3 years after the date of the first meeting of the
Board.''.
(b) Initial Appointments.--Not later than 180 days after the date
of the enactment of this Act, the Director of the National
Reconnaissance Office shall appoint the initial five members to the
advisory board under subsection (d) of section 106A of the National
Security Act of 1947 (50 U.S.C. 3041a), as added by subsection (a).
SEC. 2434. COLLOCATION OF CERTAIN DEPARTMENT OF HOMELAND SECURITY
PERSONNEL AT FIELD LOCATIONS.
(a) Identification of Opportunities for Collocation.--Not later
than 60 days after the date of the enactment of this Act, the Under
Secretary of Homeland Security for Intelligence and Analysis shall
identify, in consultation with the Commissioner of U.S. Customs and
Border Protection, the Administrator of the Transportation Security
Administration, the Director of U.S. Immigration and Customs
Enforcement, and the heads of such other elements of the Department of
Homeland Security as the Under Secretary considers appropriate,
opportunities for collocation of officers of the Office of Intelligence
and Analysis in the field outside of the greater Washington, District
of Columbia, area in order to support operational units from U.S.
Customs and Border Protection, the Transportation Security
Administration, U.S. Immigration and Customs Enforcement, and other
elements of the Department of Homeland Security.
(b) Plan for Collocation.--Not later than 120 days after the date
of the enactment of this Act, the Under Secretary shall submit to the
congressional intelligence committees a report that includes a plan for
collocation as described in subsection (a).
TITLE XXV--ELECTION MATTERS
SEC. 2501. REPORT ON CYBER ATTACKS BY FOREIGN GOVERNMENTS AGAINST
UNITED STATES ELECTION INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Committee on Homeland Security of the House
of Representatives;
(D) the Committee on Foreign Relations of the
Senate; and
(E) the Committee on Foreign Affairs of the House
of Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of
Representatives.
(3) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, and any territory or possession of the United
States.
(b) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Under Secretary of Homeland Security for
Intelligence and Analysis shall submit to congressional leadership and
the appropriate congressional committees a report on cyber attacks and
attempted cyber attacks by foreign governments on United States
election infrastructure in States and localities in connection with the
2016 Presidential election in the United States and such cyber attacks
or attempted cyber attacks as the Under Secretary anticipates against
such infrastructure. Such report shall identify the States and
localities affected and shall include cyber attacks and attempted cyber
attacks against voter registration databases, voting machines, voting-
related computer networks, and the networks of Secretaries of State and
other election officials of the various States.
(c) Form.--The report submitted under subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 2502. REVIEW OF INTELLIGENCE COMMUNITY'S POSTURE TO COLLECT
AGAINST AND ANALYZE RUSSIAN EFFORTS TO INFLUENCE THE
PRESIDENTIAL ELECTION.
(a) Review Required.--Not later than 1 year after the date of the
enactment of this Act, the Director of National Intelligence shall--
(1) complete an after action review of the posture of the
intelligence community to collect against and analyze efforts
of the Government of Russia to interfere in the 2016
Presidential election in the United States; and
(2) submit to the congressional intelligence committees a
report on the findings of the Director with respect to such
review.
(b) Elements.--The review required by subsection (a) shall include,
with respect to the posture and efforts described in paragraph (1) of
such subsection, the following:
(1) An assessment of whether the resources of the
intelligence community were properly aligned to detect and
respond to the efforts described in subsection (a)(1).
(2) An assessment of the information sharing that occurred
within elements of the intelligence community.
(3) An assessment of the information sharing that occurred
between elements of the intelligence community.
(4) An assessment of applicable authorities necessary to
collect on any such efforts and any deficiencies in those
authorities.
(5) A review of the use of open source material to inform
analysis and warning of such efforts.
(6) A review of the use of alternative and predictive
analysis.
(c) Form of Report.--The report required by subsection (a)(2) shall
be submitted to the congressional intelligence committees in a
classified form.
SEC. 2503. ASSESSMENT OF FOREIGN INTELLIGENCE THREATS TO FEDERAL
ELECTIONS.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(C) the Committee on Homeland Security of the House
of Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of
Representatives.
(3) Security vulnerability.--The term ``security
vulnerability'' has the meaning given such term in section 102
of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C.
1501).
(b) In General.--The Director of National Intelligence, in
coordination with the Director of the Central Intelligence Agency, the
Director of the National Security Agency, the Director of the Federal
Bureau of Investigation, the Secretary of Homeland Security, and the
heads of other relevant elements of the intelligence community, shall--
(1) commence not later than 1 year before any regularly
scheduled Federal election occurring after December 31, 2018,
and complete not later than 180 days before such election, an
assessment of security vulnerabilities of State election
systems; and
(2) not later than 180 days before any regularly scheduled
Federal election occurring after December 31, 2018, submit a
report on such security vulnerabilities and an assessment of
foreign intelligence threats to the election to--
(A) congressional leadership; and
(B) the appropriate congressional committees.
(c) Update.--Not later than 90 days before any regularly scheduled
Federal election occurring after December 31, 2018, the Director of
National Intelligence shall--
(1) update the assessment of foreign intelligence threats
to that election; and
(2) submit the updated assessment to--
(A) congressional leadership; and
(B) the appropriate congressional committees.
SEC. 2504. STRATEGY FOR COUNTERING RUSSIAN CYBER THREATS TO UNITED
STATES ELECTIONS.
(a) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional intelligence committees.
(2) The Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(3) The Committee on Armed Services and the Committee on
Homeland Security of the House of Representatives.
(4) The Committee on Foreign Relations of the Senate.
(5) The Committee on Foreign Affairs of the House of
Representatives.
(b) Requirement for a Strategy.--Not later than 90 days after the
date of the enactment of this Act, the Director of National
Intelligence, in coordination with the Secretary of Homeland Security,
the Director of the Federal Bureau of Investigation, the Director of
the Central Intelligence Agency, the Secretary of State, the Secretary
of Defense, and the Secretary of the Treasury, shall develop a whole-
of-government strategy for countering the threat of Russian cyber
attacks and attempted cyber attacks against electoral systems and
processes in the United States, including Federal, State, and local
election systems, voter registration databases, voting tabulation
equipment, and equipment and processes for the secure transmission of
election results.
(c) Elements of the Strategy.--The strategy required by subsection
(b) shall include the following elements:
(1) A whole-of-government approach to protecting United
States electoral systems and processes that includes the
agencies and departments indicated in subsection (b) as well as
any other agencies and departments of the United States, as
determined appropriate by the Director of National Intelligence
and the Secretary of Homeland Security.
(2) Input solicited from Secretaries of State of the
various States and the chief election officials of the States.
(3) Technical security measures, including auditable paper
trails for voting machines, securing wireless and Internet
connections, and other technical safeguards.
(4) Detection of cyber threats, including attacks and
attempted attacks by Russian government or nongovernment cyber
threat actors.
(5) Improvements in the identification and attribution of
Russian government or nongovernment cyber threat actors.
(6) Deterrence, including actions and measures that could
or should be undertaken against or communicated to the
Government of Russia or other entities to deter attacks
against, or interference with, United States election systems
and processes.
(7) Improvements in Federal Government communications with
State and local election officials.
(8) Public education and communication efforts.
(9) Benchmarks and milestones to enable the measurement of
concrete steps taken and progress made in the implementation of
the strategy.
(d) Congressional Briefing.--Not later than 90 days after the date
of the enactment of this Act, the Director of National Intelligence and
the Secretary of Homeland Security shall jointly brief the appropriate
congressional committees on the strategy developed under subsection
(b).
SEC. 2505. ASSESSMENT OF SIGNIFICANT RUSSIAN INFLUENCE CAMPAIGNS
DIRECTED AT FOREIGN ELECTIONS AND REFERENDA.
(a) Russian Influence Campaign Defined.--In this section, the term
``Russian influence campaign'' means any effort, covert or overt, and
by any means, attributable to the Russian Federation directed at an
election, referendum, or similar process in a country other than the
Russian Federation or the United States.
(b) Assessment Required.--Not later than 60 days after the date of
the enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report containing
an analytical assessment of the most significant Russian influence
campaigns, if any, conducted during the 3-year period preceding the
date of the enactment of this Act, as well as the most significant
current or planned such Russian influence campaigns, if any. Such
assessment shall include--
(1) a summary of such significant Russian influence
campaigns, including, at a minimum, the specific means by which
such campaigns were conducted, are being conducted, or likely
will be conducted, as appropriate, and the specific goal of
each such campaign;
(2) a summary of any defenses against or responses to such
Russian influence campaigns by the foreign state holding the
elections or referenda;
(3) a summary of any relevant activities by elements of the
intelligence community undertaken for the purpose of assisting
the government of such foreign state in defending against or
responding to such Russian influence campaigns; and
(4) an assessment of the effectiveness of such defenses and
responses described in paragraphs (2) and (3).
(c) Form.--The report required by subsection (b) may be submitted
in classified form, but if so submitted, shall contain an unclassified
summary.
SEC. 2506. INFORMATION SHARING WITH STATE ELECTION OFFICIALS.
(a) State Defined.--In this section, the term ``State'' means any
State of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, and any territory or possession of the United States.
(b) Security Clearances.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Director of National
Intelligence shall support the Under Secretary of Homeland
Security for Intelligence and Analysis, and any other official
of the Department of Homeland Security designated by the
Secretary of Homeland Security, in sponsoring a security
clearance up to the top secret level for each eligible chief
election official of a State or the District of Columbia, and
additional eligible designees of such election official as
appropriate, at the time that such election official assumes
such position.
(2) Interim clearances.--Consistent with applicable
policies and directives, the Director of National Intelligence
may issue interim clearances, for a period to be determined by
the Director, to a chief election official as described in
paragraph (1) and up to one designee of such official under
such paragraph.
(c) Information Sharing.--
(1) In general.--The Director of National Intelligence
shall assist the Under Secretary of Homeland Security for
Intelligence and Analysis and the Under Secretary responsible
for overseeing critical infrastructure protection,
cybersecurity, and other related programs of the Department (as
specified in section 103(a)(1)(H) of the Homeland Security Act
of 2002 (6 U.S.C. 113(a)(1)(H))) with sharing any appropriate
classified information related to threats to election systems
and to the integrity of the election process with chief
election officials and such designees who have received a
security clearance under subsection (b).
(2) Coordination.--The Under Secretary of Homeland Security
for Intelligence and Analysis shall coordinate with the
Director of National Intelligence and the Under Secretary
responsible for overseeing critical infrastructure protection,
cybersecurity, and other related programs of the Department (as
specified in section 103(a)(1)(H) of the Homeland Security Act
of 2002 (6 U.S.C. 113(a)(1)(H))) to facilitate the sharing of
information to the affected Secretaries of State or States.
SEC. 2507. NOTIFICATION OF SIGNIFICANT FOREIGN CYBER INTRUSIONS AND
ACTIVE MEASURES CAMPAIGNS DIRECTED AT ELECTIONS FOR
FEDERAL OFFICES.
(a) Definitions.--In this section:
(1) Active measures campaign.--The term ``active measures
campaign'' means a foreign semi-covert or covert intelligence
operation.
(2) Candidate, election, and political party.--The terms
``candidate'', ``election'', and ``political party'' have the
meanings given those terms in section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101).
(3) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of
Representatives.
(4) Cyber intrusion.--The term ``cyber intrusion'' means an
electronic occurrence that actually or imminently jeopardizes,
without lawful authority, electronic election infrastructure,
or the integrity, confidentiality, or availability of
information within such infrastructure.
(5) Electronic election infrastructure.--The term
``electronic election infrastructure'' means an electronic
information system of any of the following that is related to
an election for Federal office:
(A) The Federal Government.
(B) A State or local government.
(C) A political party.
(D) The election campaign of a candidate.
(6) Federal office.--The term ``Federal office'' has the
meaning given that term in section 301 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101).
(7) High confidence.--The term ``high confidence'', with
respect to a determination, means that the determination is
based on high-quality information from multiple sources.
(8) Moderate confidence.--The term ``moderate confidence'',
with respect to a determination, means that a determination is
credibly sourced and plausible but not of sufficient quality or
corroborated sufficiently to warrant a higher level of
confidence.
(9) Other appropriate congressional committees.--The term
``other appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee
on Homeland Security and Governmental Affairs, and the
Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee
on Homeland Security, and the Committee on
Appropriations of the House of Representatives.
(b) Determinations of Significant Foreign Cyber Intrusions and
Active Measures Campaigns.--The Director of National Intelligence, the
Director of the Federal Bureau of Investigation, and the Secretary of
Homeland Security shall jointly carry out subsection (c) if such
Directors and the Secretary jointly determine--
(1) that on or after the date of the enactment of this Act,
a significant foreign cyber intrusion or active measures
campaign intended to influence an upcoming election for any
Federal office has occurred or is occurring; and
(2) with moderate or high confidence, that such intrusion
or campaign can be attributed to a foreign state or to a
foreign nonstate person, group, or other entity.
(c) Briefing.--
(1) In general.--Not later than 14 days after making a
determination under subsection (b), the Director of National
Intelligence, the Director of the Federal Bureau of
Investigation, and the Secretary of Homeland Security shall
jointly provide a briefing to the congressional leadership, the
congressional intelligence committees and, consistent with the
protection of sources and methods, the other appropriate
congressional committees. The briefing shall be classified and
address, at a minimum, the following:
(A) A description of the significant foreign cyber
intrusion or active measures campaign, as the case may
be, covered by the determination.
(B) An identification of the foreign state or
foreign nonstate person, group, or other entity, to
which such intrusion or campaign has been attributed.
(C) The desirability and feasibility of the public
release of information about the cyber intrusion or
active measures campaign.
(D) Any other information such Directors and the
Secretary jointly determine appropriate.
(2) Electronic election infrastructure briefings.--With
respect to a significant foreign cyber intrusion covered by a
determination under subsection (b), the Secretary of Homeland
Security, in consultation with the Director of National
Intelligence and the Director of the Federal Bureau of
Investigation, shall offer to the owner or operator of any
electronic election infrastructure directly affected by such
intrusion, a briefing on such intrusion, including steps that
may be taken to mitigate such intrusion. Such briefing may be
classified and made available only to individuals with
appropriate security clearances.
(3) Protection of sources and methods.--This subsection
shall be carried out in a manner that is consistent with the
protection of sources and methods.
SEC. 2508. DESIGNATION OF COUNTERINTELLIGENCE OFFICER TO LEAD ELECTION
SECURITY MATTERS.
(a) In General.--The Director of National Intelligence shall
designate a national counterintelligence officer within the National
Counterintelligence and Security Center to lead, manage, and coordinate
counterintelligence matters relating to election security.
(b) Additional Responsibilities.--The person designated under
subsection (a) shall also lead, manage, and coordinate
counterintelligence matters relating to risks posed by interference
from foreign powers (as defined in section 101 of the Foreign
Intelligence Surveillance Act of 1978 (50 U.S.C. 1801)) to the
following:
(1) The Federal Government election security supply chain.
(2) Election voting systems and software.
(3) Voter registration databases.
(4) Critical infrastructure related to elections.
(5) Such other Government goods and services as the
Director of National Intelligence considers appropriate.
TITLE XXVI--SECURITY CLEARANCES
SEC. 2601. DEFINITIONS.
In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(E) the Committee on Armed Services of the House of
Representatives;
(F) the Committee on Appropriations of the House of
Representatives;
(G) the Committee on Homeland Security of the House
of Representatives; and
(H) the Committee on Oversight and Reform of the
House of Representatives.
(2) Appropriate industry partners.--The term ``appropriate
industry partner'' means a contractor, licensee, or grantee (as
defined in section 101(a) of Executive Order No. 12829 (50
U.S.C. 3161 note; relating to National Industrial Security
Program)) that is participating in the National Industrial
Security Program established by such Executive order.
(3) Continuous vetting.--The term ``continuous vetting''
has the meaning given such term in Executive Order No. 13467
(50 U.S.C. 3161 note; relating to reforming processes related
to suitability for government employment, fitness for
contractor employees, and eligibility for access to classified
national security information).
(4) Council.--The term ``Council'' means the Security,
Suitability, and Credentialing Performance Accountability
Council established pursuant to such Executive order, or any
successor entity.
(5) Security executive agent.--The term ``Security
Executive Agent'' means the officer serving as the Security
Executive Agent pursuant to section 803 of the National
Security Act of 1947, as added by section 2605.
(6) Suitability and credentialing executive agent.--The
term ``Suitability and Credentialing Executive Agent'' means
the Director of the Office of Personnel Management acting as
the Suitability and Credentialing Executive Agent in accordance
with Executive Order No. 13467 (50 U.S.C. 3161 note; relating
to reforming processes related to suitability for government
employment, fitness for contractor employees, and eligibility
for access to classified national security information), or any
successor entity.
SEC. 2602. REPORTS AND PLANS RELATING TO SECURITY CLEARANCES AND
BACKGROUND INVESTIGATIONS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) ensuring the trustworthiness and security of the
workforce, facilities, and information of the Federal
Government is of the highest priority to national security and
public safety;
(2) the President and Congress should prioritize the
modernization of the personnel security framework to improve
its efficiency, effectiveness, and accountability;
(3) the current system for security clearance, suitability
and fitness for employment, and credentialing lacks
efficiencies and capabilities to meet the current threat
environment, recruit and retain a trusted workforce, and
capitalize on modern technologies; and
(4) changes to policies or processes to improve this system
should be vetted through the Council to ensure standardization,
portability, and reciprocity in security clearances across the
Federal Government.
(b) Accountability Plans and Reports.--
(1) Plans.--Not later than 90 days after the date of the
enactment of this Act, the Council shall submit to the
appropriate congressional committees and make available to
appropriate industry partners the following:
(A) A plan, with milestones, to reduce the
background investigation inventory to 200,000, or an
otherwise sustainable steady-level, by the end of year
2020. Such plan shall include notes of any required
changes in investigative and adjudicative standards or
resources.
(B) A plan to consolidate the conduct of background
investigations associated with the processing for
security clearances in the most effective and efficient
manner between the National Background Investigation
Bureau and the Defense Security Service, or a successor
organization. Such plan shall address required funding,
personnel, contracts, information technology, field
office structure, policy, governance, schedule,
transition costs, and effects on stakeholders.
(2) Report on the future of personnel security.--
(A) In general.--Not later than 180 days after the
date of the enactment of this Act, the Chairman of the
Council, in coordination with the members of the
Council, shall submit to the appropriate congressional
committees and make available to appropriate industry
partners a report on the future of personnel security
to reflect changes in threats, the workforce, and
technology.
(B) Contents.--The report submitted under
subparagraph (A) shall include the following:
(i) A risk framework for granting and
renewing access to classified information.
(ii) A discussion of the use of
technologies to prevent, detect, and monitor
threats.
(iii) A discussion of efforts to address
reciprocity and portability.
(iv) A discussion of the characteristics of
effective insider threat programs.
(v) An analysis of how to integrate data
from continuous evaluation, insider threat
programs, and human resources data.
(vi) Recommendations on interagency
governance.
(3) Plan for implementation.--Not later than 180 days after
the date of the enactment of this Act, the Chairman of the
Council, in coordination with the members of the Council, shall
submit to the appropriate congressional committees and make
available to appropriate industry partners a plan to implement
the report's framework and recommendations submitted under
paragraph (2)(A).
(4) Congressional notifications.--Not less frequently than
quarterly, the Security Executive Agent shall make available to
the public a report regarding the status of the disposition of
requests received from departments and agencies of the Federal
Government for a change to, or approval under, the Federal
investigative standards, the national adjudicative guidelines,
continuous evaluation, or other national policy regarding
personnel security.
SEC. 2603. IMPROVING THE PROCESS FOR SECURITY CLEARANCES.
(a) Reviews.--Not later than 180 days after the date of the
enactment of this Act, the Security Executive Agent, in coordination
with the members of the Council, shall submit to the appropriate
congressional committees and make available to appropriate industry
partners a report that includes the following:
(1) A review of whether the information requested on the
Questionnaire for National Security Positions (Standard Form
86) and by the Federal Investigative Standards prescribed by
the Office of Personnel Management and the Office of the
Director of National Intelligence appropriately supports the
adjudicative guidelines under Security Executive Agent
Directive 4 (known as the ``National Security Adjudicative
Guidelines''). Such review shall include identification of
whether any such information currently collected is unnecessary
to support the adjudicative guidelines.
(2) An assessment of whether such Questionnaire, Standards,
and guidelines should be revised to account for the prospect of
a holder of a security clearance becoming an insider threat.
(3) Recommendations to improve the background investigation
process by--
(A) simplifying the Questionnaire for National
Security Positions (Standard Form 86) and increasing
customer support to applicants completing such
Questionnaire;
(B) using remote techniques and centralized
locations to support or replace field investigation
work;
(C) using secure and reliable digitization of
information obtained during the clearance process;
(D) building the capacity of the background
investigation labor sector; and
(E) replacing periodic reinvestigations with
continuous evaluation techniques in all appropriate
circumstances.
(b) Policy, Strategy, and Implementation.--Not later than 180 days
after the date of the enactment of this Act, the Security Executive
Agent shall, in coordination with the members of the Council, establish
the following:
(1) A policy and implementation plan for the issuance of
interim security clearances.
(2) A policy and implementation plan to ensure contractors
are treated consistently in the security clearance process
across agencies and departments of the United States as
compared to employees of such agencies and departments. Such
policy shall address--
(A) prioritization of processing security
clearances based on the mission the contractors will be
performing;
(B) standardization in the forms that agencies
issue to initiate the process for a security clearance;
(C) digitization of background investigation-
related forms;
(D) use of the polygraph;
(E) the application of the adjudicative guidelines
under Security Executive Agent Directive 4 (known as
the ``National Security Adjudicative Guidelines'');
(F) reciprocal recognition of clearances across
agencies and departments of the United States,
regardless of status of periodic reinvestigation;
(G) tracking of clearance files as individuals move
from employment with an agency or department of the
United States to employment in the private sector;
(H) collection of timelines for movement of
contractors across agencies and departments;
(I) reporting on security incidents and job
performance, consistent with section 552a of title 5,
United States Code (commonly known as the ``Privacy Act
of 1974''), that may affect the ability to hold a
security clearance;
(J) any recommended changes to the Federal
Acquisition Regulations (FAR) necessary to ensure that
information affecting contractor clearances or
suitability is appropriately and expeditiously shared
between and among agencies and contractors; and
(K) portability of contractor security clearances
between or among contracts at the same agency and
between or among contracts at different agencies that
require the same level of clearance.
(3) A strategy and implementation plan that--
(A) provides for periodic reinvestigations as part
of a security clearance determination only on an as-
needed, risk-based basis;
(B) includes actions to assess the extent to which
automated records checks and other continuous
evaluation methods may be used to expedite or focus
reinvestigations; and
(C) provides an exception for certain populations
if the Security Executive Agent--
(i) determines such populations require
reinvestigations at regular intervals; and
(ii) provides written justification to the
appropriate congressional committees for any
such determination.
(4) A policy and implementation plan for agencies and
departments of the United States, as a part of the security
clearance process, to accept automated records checks generated
pursuant to a security clearance applicant's employment with a
prior employer.
(5) A policy for the use of certain background materials on
individuals collected by the private sector for background
investigation purposes.
(6) Uniform standards for agency continuous evaluation
programs to ensure quality and reciprocity in accepting
enrollment in a continuous vetting program as a substitute for
a periodic investigation for continued access to classified
information.
SEC. 2604. GOALS FOR PROMPTNESS OF DETERMINATIONS REGARDING SECURITY
CLEARANCES.
(a) Reciprocity Defined.--In this section, the term ``reciprocity''
means reciprocal recognition by Federal departments and agencies of
eligibility for access to classified information.
(b) In General.--The Council shall reform the security clearance
process with the objective that, by December 31, 2021, 90 percent of
all determinations, other than determinations regarding populations
identified under section 2603(b)(3)(C), regarding--
(1) security clearances--
(A) at the secret level are issued in 30 days or
fewer; and
(B) at the top secret level are issued in 90 days
or fewer; and
(2) reciprocity of security clearances at the same level
are recognized in 2 weeks or fewer.
(c) Certain Reinvestigations.--The Council shall reform the
security clearance process with the goal that by December 31, 2021,
reinvestigation on a set periodicity is not required for more than 10
percent of the population that holds a security clearance.
(d) Equivalent Metrics.--
(1) In general.--If the Council develops a set of
performance metrics that it certifies to the appropriate
congressional committees should achieve substantially
equivalent outcomes as those outlined in subsections (b) and
(c), the Council may use those metrics for purposes of
compliance within this provision.
(2) Notice.--If the Council uses the authority provided by
paragraph (1) to use metrics as described in such paragraph,
the Council shall, not later than 30 days after communicating
such metrics to departments and agencies, notify the
appropriate congressional committees that it is using such
authority.
(e) Plan.--Not later than 180 days after the date of the enactment
of this Act, the Council shall submit to the appropriate congressional
committees and make available to appropriate industry partners a plan
to carry out this section. Such plan shall include recommended interim
milestones for the goals set forth in subsections (b) and (c) for 2019,
2020, and 2021.
SEC. 2605. SECURITY EXECUTIVE AGENT.
(a) In General.--Title VIII of the National Security Act of 1947
(50 U.S.C. 3161 et seq.) is amended--
(1) by redesignating sections 803 and 804 as sections 804
and 805, respectively; and
(2) by inserting after section 802 the following:
``SEC. 803. SECURITY EXECUTIVE AGENT.
``(a) In General.--The Director of National Intelligence, or such
other officer of the United States as the President may designate,
shall serve as the Security Executive Agent for all departments and
agencies of the United States.
``(b) Duties.--The duties of the Security Executive Agent are as
follows:
``(1) To direct the oversight of investigations,
reinvestigations, adjudications, and, as applicable, polygraphs
for eligibility for access to classified information or
eligibility to hold a sensitive position made by any Federal
agency.
``(2) To review the national security background
investigation and adjudication programs of Federal agencies to
determine whether such programs are being implemented in
accordance with this section.
``(3) To develop and issue uniform and consistent policies
and procedures to ensure the effective, efficient, timely, and
secure completion of investigations, polygraphs, and
adjudications relating to determinations of eligibility for
access to classified information or eligibility to hold a
sensitive position.
``(4) Unless otherwise designated by law, to serve as the
final authority to designate a Federal agency or agencies to
conduct investigations of persons who are proposed for access
to classified information or for eligibility to hold a
sensitive position to ascertain whether such persons satisfy
the criteria for obtaining and retaining access to classified
information or eligibility to hold a sensitive position, as
applicable.
``(5) Unless otherwise designated by law, to serve as the
final authority to designate a Federal agency or agencies to
determine eligibility for access to classified information or
eligibility to hold a sensitive position in accordance with
Executive Order No. 12968 (50 U.S.C. 3161 note; relating to
access to classified information).
``(6) To ensure reciprocal recognition of eligibility for
access to classified information or eligibility to hold a
sensitive position among Federal agencies, including acting as
the final authority to arbitrate and resolve disputes among
such agencies involving the reciprocity of investigations and
adjudications of eligibility.
``(7) To execute all other duties assigned to the Security
Executive Agent by law.
``(c) Authorities.--The Security Executive Agent shall--
``(1) issue guidelines and instructions to the heads of
Federal agencies to ensure appropriate uniformity,
centralization, efficiency, effectiveness, timeliness, and
security in processes relating to determinations by such
agencies of eligibility for access to classified information or
eligibility to hold a sensitive position, including such
matters as investigations, polygraphs, adjudications, and
reciprocity;
``(2) have the authority to grant exceptions to, or waivers
of, national security investigative requirements, including
issuing implementing or clarifying guidance, as necessary;
``(3) have the authority to assign, in whole or in part, to
the head of any Federal agency (solely or jointly) any of the
duties of the Security Executive Agent described in subsection
(b) or the authorities described in paragraphs (1) and (2),
provided that the exercise of such assigned duties or
authorities is subject to the oversight of the Security
Executive Agent, including such terms and conditions (including
approval by the Security Executive Agent) as the Security
Executive Agent determines appropriate; and
``(4) define and set standards for continuous evaluation
for continued access to classified information and for
eligibility to hold a sensitive position.''.
(b) Report on Recommendations for Revising Authorities.--Not later
than 30 days after the date on which the Chairman of the Council
submits to the appropriate congressional committees the report required
by section 2602(b)(2)(A), the Chairman shall submit to the appropriate
congressional committees such recommendations as the Chairman may have
for revising the authorities of the Security Executive Agent.
(c) Conforming Amendment.--Section 103H(j)(4)(A) of such Act (50
U.S.C. 3033(j)(4)(A)) is amended by striking ``in section 804'' and
inserting ``in section 805''.
(d) Clerical Amendment.--The table of contents in the matter
preceding section 2 of such Act (50 U.S.C. 3002) is amended by striking
the items relating to sections 803 and 804 and inserting the following:
``Sec. 803. Security Executive Agent.
``Sec. 804. Exceptions.
``Sec. 805. Definitions.''.
SEC. 2606. REPORT ON UNIFIED, SIMPLIFIED, GOVERNMENTWIDE STANDARDS FOR
POSITIONS OF TRUST AND SECURITY CLEARANCES.
Not later than 90 days after the date of the enactment of this Act,
the Security Executive Agent and the Suitability and Credentialing
Executive Agent, in coordination with the other members of the Council,
shall jointly submit to the appropriate congressional committees and
make available to appropriate industry partners a report regarding the
advisability and the risks, benefits, and costs to the Government and
to industry of consolidating to not more than three tiers for positions
of trust and security clearances.
SEC. 2607. REPORT ON CLEARANCE IN PERSON CONCEPT.
(a) Sense of Congress.--It is the sense of Congress that to reflect
the greater mobility of the modern workforce, alternative methodologies
merit analysis to allow greater flexibility for individuals moving in
and out of positions that require access to classified information,
while still preserving security.
(b) Report Required.--Not later than 90 days after the date of the
enactment of this Act, the Security Executive Agent shall submit to the
appropriate congressional committees and make available to appropriate
industry partners a report that describes the requirements,
feasibility, and advisability of implementing a clearance in person
concept described in subsection (c).
(c) Clearance in Person Concept.--The clearance in person concept--
(1) permits an individual who once held a security
clearance to maintain his or her eligibility for access to
classified information, networks, and facilities for up to 3
years after the individual's eligibility for access to
classified information would otherwise lapse; and
(2) recognizes, unless otherwise directed by the Security
Executive Agent, an individual's security clearance and
background investigation as current, regardless of employment
status, contingent on enrollment in a continuous vetting
program.
(d) Contents.--The report required under subsection (b) shall
address--
(1) requirements for an individual to voluntarily remain in
a continuous evaluation program validated by the Security
Executive Agent even if the individual is not in a position
requiring access to classified information;
(2) appropriate safeguards for privacy;
(3) advantages to government and industry;
(4) the costs and savings associated with implementation;
(5) the risks of such implementation, including security
and counterintelligence risks;
(6) an appropriate funding model; and
(7) fairness to small companies and independent
contractors.
SEC. 2608. REPORTS ON RECIPROCITY FOR SECURITY CLEARANCES INSIDE OF
DEPARTMENTS AND AGENCIES.
(a) Reciprocally Recognized Defined.--In this section, the term
``reciprocally recognized'' means reciprocal recognition by Federal
departments and agencies of eligibility for access to classified
information.
(b) Reports to Security Executive Agent.--The head of each Federal
department or agency shall submit an annual report to the Security
Executive Agent that--
(1) identifies the number of individuals whose security
clearances take more than 2 weeks to be reciprocally recognized
after such individuals move to another part of such department
or agency; and
(2) breaks out the information described in paragraph (1)
by type of clearance and the reasons for any delays.
(c) Annual Report.--Not less frequently than once each year, the
Security Executive Agent shall submit to the appropriate congressional
committees and make available to industry partners an annual report
that summarizes the information received pursuant to subsection (b)
during the period covered by such report.
SEC. 2609. INTELLIGENCE COMMUNITY REPORTS ON SECURITY CLEARANCES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) despite sustained efforts by Congress and the executive
branch, an unacceptable backlog in processing and adjudicating
security clearances persists, both within elements of the
intelligence community and in other departments of the Federal
Government, with some processing times exceeding a year or even
more;
(2) the protracted clearance timetable threatens the
ability of elements of the intelligence community to hire and
retain highly qualified individuals, and thus to fulfill the
missions of such elements;
(3) the prospect of a lengthy clearance process deters some
such individuals from seeking employment with the intelligence
community in the first place, and, when faced with a long wait
time, those with conditional offers of employment may opt to
discontinue the security clearance process and pursue different
opportunities;
(4) now more than ever, therefore, the broken security
clearance process badly needs fundamental reform; and
(5) in the meantime, to ensure the ability of elements of
the intelligence community to hire and retain highly qualified
personnel, elements should consider, to the extent possible and
consistent with national security, permitting new employees to
enter on duty immediately or nearly so, and to perform, on a
temporary basis pending final adjudication of their security
clearances, work that either does not require a security
clearance or requires only a low-level interim clearance.
(b) In General.--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, the Committee on Homeland
Security and Governmental Affairs of the Senate, and the Committee on
Homeland Security of the House of Representatives a report on the
security clearances processed by each element of the intelligence
community during the preceding fiscal year. Each such report shall
separately identify security clearances processed for Federal employees
and contractor employees sponsored by each such element.
``(2) Each report submitted under paragraph (1) shall include each
of the following for each element of the intelligence community for the
fiscal year covered by the report:
``(A) The total number of initial security clearance
background investigations sponsored for new applicants.
``(B) The total number of security clearance periodic
reinvestigations sponsored for existing employees.
``(C) The total number of initial security clearance
background investigations for new applicants that were
adjudicated with notice of a determination provided to the
prospective applicant, including--
``(i) the total number 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 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 reinvestigations, that were not
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) an explanation of the causes for the delays
incurred during the period covered by the report; and
``(ii) the number of such delays involving a
polygraph requirement.
``(G) The percentage of security clearance investigations,
including initial and periodic reinvestigations, that resulted
in a denial or revocation of a security clearance.
``(H) The percentage of security clearance investigations
that resulted in incomplete information.
``(I) The percentage of security clearance investigations
that did not result in enough information to make a decision on
potentially adverse information.
``(3) The report required under this subsection shall be submitted
in unclassified form, but may include a classified annex.''; and
(4) in subsection (c), as redesignated by paragraph (2), by
striking ``subsection (a)(1)'' and inserting ``subsections
(a)(1) and (b)''.
SEC. 2610. PERIODIC REPORT ON POSITIONS IN THE INTELLIGENCE COMMUNITY
THAT CAN BE CONDUCTED WITHOUT ACCESS TO CLASSIFIED
INFORMATION, NETWORKS, OR FACILITIES.
Not later than 180 days after the date of the enactment of this Act
and not less frequently than once every 5 years thereafter, the
Director of National Intelligence shall submit to the congressional
intelligence committees a report that reviews the intelligence
community for which positions can be conducted without access to
classified information, networks, or facilities, or may only require a
security clearance at the secret level.
SEC. 2611. INFORMATION SHARING PROGRAM FOR POSITIONS OF TRUST AND
SECURITY CLEARANCES.
(a) Program Required.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Security Executive Agent and the
Suitability and Credentialing Executive Agent shall establish
and implement a program to share between and among agencies of
the Federal Government and industry partners of the Federal
Government relevant background information regarding
individuals applying for and currently occupying national
security positions and positions of trust, in order to ensure
the Federal Government maintains a trusted workforce.
(2) Designation.--The program established under paragraph
(1) shall be known as the ``Trusted Information Provider
Program'' (in this section referred to as the ``Program'').
(b) Privacy Safeguards.--The Security Executive Agent and the
Suitability and Credentialing Executive Agent shall ensure that the
Program includes such safeguards for privacy as the Security Executive
Agent and the Suitability and Credentialing Executive Agent consider
appropriate.
(c) Provision of Information to the Federal Government.--The
Program shall include requirements that enable investigative service
providers and agencies of the Federal Government to leverage certain
pre-employment information gathered during the employment or military
recruiting process, and other relevant security or human resources
information obtained during employment with or for the Federal
Government, that satisfy Federal investigative standards, while
safeguarding personnel privacy.
(d) Information and Records.--The information and records
considered under the Program shall include the following:
(1) Date and place of birth.
(2) Citizenship or immigration and naturalization
information.
(3) Education records.
(4) Employment records.
(5) Employment or social references.
(6) Military service records.
(7) State and local law enforcement checks.
(8) Criminal history checks.
(9) Financial records or information.
(10) Foreign travel, relatives, or associations.
(11) Social media checks.
(12) Such other information or records as may be relevant
to obtaining or maintaining national security, suitability,
fitness, or credentialing eligibility.
(e) Implementation Plan.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Security Executive Agent and the
Suitability and Credentialing Executive Agent shall jointly
submit to the appropriate congressional committees and make
available to appropriate industry partners a plan for the
implementation of the Program.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) Mechanisms that address privacy, national
security, suitability or fitness, credentialing, and
human resources or military recruitment processes.
(B) Such recommendations for legislative or
administrative action as the Security Executive Agent
and the Suitability and Credentialing Executive Agent
consider appropriate to carry out or improve the
Program.
(f) Plan for Pilot Program on Two-Way Information Sharing.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Security Executive Agent and the
Suitability and Credentialing Executive Agent shall jointly
submit to the appropriate congressional committees and make
available to appropriate industry partners a plan for the
implementation of a pilot program to assess the feasibility and
advisability of expanding the Program to include the sharing of
information held by the Federal Government related to contract
personnel with the security office of the employers of those
contractor personnel.
(2) Elements.--The plan required by paragraph (1) shall
include the following:
(A) Mechanisms that address privacy, national
security, suitability or fitness, credentialing, and
human resources or military recruitment processes.
(B) Such recommendations for legislative or
administrative action as the Security Executive Agent
and the Suitability and Credentialing Executive Agent
consider appropriate to carry out or improve the pilot
program.
(g) Review.--Not later than 1 year after the date of the enactment
of this Act, the Security Executive Agent and the Suitability and
Credentialing Executive Agent shall jointly submit to the appropriate
congressional committees and make available to appropriate industry
partners a review of the plans submitted under subsections (e)(1) and
(f)(1) and utility and effectiveness of the programs described in such
plans.
SEC. 2612. REPORT ON PROTECTIONS FOR CONFIDENTIALITY OF WHISTLEBLOWER-
RELATED COMMUNICATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Security Executive Agent shall, in coordination with the
Inspector General of the Intelligence Community, submit to the
appropriate congressional committees a report detailing the controls
employed by the intelligence community to ensure that continuous
vetting programs, including those involving user activity monitoring,
protect the confidentiality of whistleblower-related communications.
TITLE XXVII--REPORTS AND OTHER MATTERS
Subtitle A--Matters Relating to Russia and Other Foreign Powers
SEC. 2701. LIMITATION RELATING TO ESTABLISHMENT OR SUPPORT OF
CYBERSECURITY UNIT WITH THE RUSSIAN FEDERATION.
(a) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services of the Senate and the
Committee on Armed Services of the House of Representatives;
and
(3) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
(b) Limitation.--
(1) In general.--No amount may be expended by the Federal
Government, other than the Department of Defense, to enter into
or implement any bilateral agreement between the United States
and the Russian Federation regarding cybersecurity, including
the establishment or support of any cybersecurity unit, unless,
at least 30 days prior to the conclusion of any such agreement,
the Director of National Intelligence submits to the
appropriate congressional committees a report on such agreement
that includes the elements required by subsection (c).
(2) Department of defense agreements.--Any agreement
between the Department of Defense and the Russian Federation
regarding cybersecurity shall be conducted in accordance with
section 1232 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328), as amended by section
1231 of the National Defense Authorization Act for Fiscal Year
2018 (Public Law 115-91).
(c) Elements.--If the Director submits a report under subsection
(b) with respect to an agreement, such report shall include a
description of each of the following:
(1) The purpose of the agreement.
(2) The nature of any intelligence to be shared pursuant to
the agreement.
(3) The expected value to national security resulting from
the implementation of the agreement.
(4) Such counterintelligence concerns associated with the
agreement as the Director may have and such measures as the
Director expects to be taken to mitigate such concerns.
(d) Rule of Construction.--This section shall not be construed to
affect any existing authority of the Director of National Intelligence,
the Director of the Central Intelligence Agency, or another head of an
element of the intelligence community, to share or receive foreign
intelligence on a case-by-case basis.
SEC. 2702. REPORT ON RETURNING RUSSIAN COMPOUNDS.
(a) Covered Compounds Defined.--In this section, the term ``covered
compounds'' means the real property in New York, the real property in
Maryland, and the real property in San Francisco, California, that were
under the control of the Government of Russia in 2016 and were removed
from such control in response to various transgressions by the
Government of Russia, including the interference by the Government of
Russia in the 2016 election in the United States.
(b) Requirement for Report.--Not later than 180 days after the date
of the enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees, and the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives (only with respect to
the unclassified report), a report on the intelligence risks of
returning the covered compounds to Russian control.
(c) Form of Report.--The report required by this section shall be
submitted in classified and unclassified forms.
SEC. 2703. ASSESSMENT OF THREAT FINANCE RELATING TO RUSSIA.
(a) Threat Finance Defined.--In this section, the term ``threat
finance'' means--
(1) the financing of cyber operations, global influence
campaigns, intelligence service activities, proliferation,
terrorism, or transnational crime and drug organizations;
(2) the methods and entities used to spend, store, move,
raise, conceal, or launder money or value, on behalf of threat
actors;
(3) sanctions evasion; and
(4) other forms of threat finance activity domestically or
internationally, as defined by the President.
(b) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Assistant Secretary of the Treasury for
Intelligence and Analysis, shall submit to the congressional
intelligence committees a report containing an assessment of Russian
threat finance. The assessment shall be based on intelligence from all
sources, including from the Office of Terrorism and Financial
Intelligence of the Department of the Treasury.
(c) Elements.--The report required by subsection (b) shall include
each of the following:
(1) A summary of leading examples from the 3-year period
preceding the date of the submittal of the report of threat
finance activities conducted by, for the benefit of, or at the
behest of--
(A) officials of the Government of Russia;
(B) persons subject to sanctions under any
provision of law imposing sanctions with respect to
Russia;
(C) Russian nationals subject to sanctions under
any other provision of law; or
(D) Russian oligarchs or organized criminals.
(2) An assessment with respect to any trends or patterns in
threat finance activities relating to Russia, including common
methods of conducting such activities and global nodes of money
laundering used by Russian threat actors described in paragraph
(1) and associated entities.
(3) An assessment of any connections between Russian
individuals involved in money laundering and the Government of
Russia.
(4) A summary of engagement and coordination with
international partners on threat finance relating to Russia,
especially in Europe, including examples of such engagement and
coordination.
(5) An identification of any resource and collection gaps.
(6) An identification of--
(A) entry points of money laundering by Russian and
associated entities into the United States;
(B) any vulnerabilities within the United States
legal and financial system, including specific sectors,
which have been or could be exploited in connection
with Russian threat finance activities; and
(C) the counterintelligence threat posed by Russian
money laundering and other forms of threat finance, as
well as the threat to the United States financial
system and United States efforts to enforce sanctions
and combat organized crime.
(7) Any other matters the Director determines appropriate.
(d) Form of Report.--The report required under subsection (b) may
be submitted in classified form.
SEC. 2704. NOTIFICATION OF AN ACTIVE MEASURES CAMPAIGN.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services of the Senate
and the Committee on Armed Services of the House of
Representatives; and
(C) the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the
House of Representatives.
(2) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of
Representatives.
(b) Requirement for Notification.--The Director of National
Intelligence, in cooperation with the Director of the Federal Bureau of
Investigation and the head of any other relevant agency, shall notify
the congressional leadership and the Chairman and Vice Chairman or
Ranking Member of each of the appropriate congressional committees, and
of other relevant committees of jurisdiction, each time the Director of
National Intelligence determines there is credible information that a
foreign power has, is, or will attempt to employ a covert influence or
active measures campaign with regard to the modernization, employment,
doctrine, or force posture of the nuclear deterrent or missile defense.
(c) Content of Notification.--Each notification required by
subsection (b) shall include information concerning actions taken by
the United States to expose or halt an attempt referred to in
subsection (b).
SEC. 2705. NOTIFICATION OF TRAVEL BY ACCREDITED DIPLOMATIC AND CONSULAR
PERSONNEL OF THE RUSSIAN FEDERATION IN THE UNITED STATES.
In carrying out the advance notification requirements set out in
section 502 of the Intelligence Authorization Act for Fiscal Year 2017
(division N of Public Law 115-31; 131 Stat. 825; 22 U.S.C. 254a note),
the Secretary of State shall--
(1) ensure that the Russian Federation provides
notification to the Secretary of State at least 2 business days
in advance of all travel that is subject to such requirements
by accredited diplomatic and consular personnel of the Russian
Federation in the United States, and take necessary action to
secure full compliance by Russian personnel and address any
noncompliance; and
(2) provide notice of travel described in paragraph (1) to
the Director of National Intelligence and the Director of the
Federal Bureau of Investigation within 1 hour of receiving
notice of such travel.
SEC. 2706. REPORT ON OUTREACH STRATEGY ADDRESSING THREATS FROM UNITED
STATES ADVERSARIES TO THE UNITED STATES TECHNOLOGY
SECTOR.
(a) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Armed Services and the Committee on
Homeland Security and Governmental Affairs of the Senate; and
(3) the Committee on Armed Services, Committee on Homeland
Security, and the Committee on Oversight and Reform of the
House of Representatives.
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate committees of Congress a report detailing
outreach by the intelligence community and the Defense Intelligence
Enterprise to United States industrial, commercial, scientific,
technical, and academic communities on matters relating to the efforts
of adversaries of the United States to acquire critical United States
technology, intellectual property, and research and development
information.
(c) Contents.--The report required by subsection (b) shall include
the following:
(1) A review of the current outreach efforts of the
intelligence community and the Defense Intelligence Enterprise
described in subsection (b), including the type of information
conveyed in the outreach.
(2) A determination of the appropriate element of the
intelligence community to lead such outreach efforts.
(3) An assessment of potential methods for improving the
effectiveness of such outreach, including an assessment of the
following:
(A) Those critical technologies, infrastructure, or
related supply chains that are at risk from the efforts
of adversaries described in subsection (b).
(B) The necessity and advisability of granting
security clearances to company or community leadership,
when necessary and appropriate, to allow for tailored
classified briefings on specific targeted threats.
(C) The advisability of partnering with entities of
the Federal Government that are not elements of the
intelligence community and relevant regulatory and
industry groups described in subsection (b), to convey
key messages across sectors targeted by United States
adversaries.
(D) Strategies to assist affected elements of the
communities described in subparagraph (C) in
mitigating, deterring, and protecting against the broad
range of threats from the efforts of adversaries
described in subsection (b), with focus on producing
information that enables private entities to justify
business decisions related to national security
concerns.
(E) The advisability of the establishment of a
United States Government-wide task force to coordinate
outreach and activities to combat the threats from
efforts of adversaries described in subsection (b).
(F) Such other matters as the Director of National
Intelligence may consider necessary.
(d) Consultation Encouraged.--In preparing the report required by
subsection (b), the Director is encouraged to consult with other
government agencies, think tanks, academia, representatives of the
financial industry, or such other entities as the Director considers
appropriate.
(e) Form.--The report required by subsection (b) shall be submitted
in unclassified form, but may include a classified annex as necessary.
SEC. 2707. REPORT ON IRANIAN SUPPORT OF PROXY FORCES IN SYRIA AND
LEBANON.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Armed Services, the Committee
on Foreign Relations, and the Select Committee on
Intelligence of the Senate; and
(B) the Committee on Armed Services, the Committee
on Foreign Affairs, and the Permanent Select Committee
on Intelligence of the House of Representatives.
(2) Arms or related material.--The term ``arms or related
material'' means--
(A) nuclear, biological, chemical, or radiological
weapons or materials or components of such weapons;
(B) ballistic or cruise missile weapons or
materials or components of such weapons;
(C) destabilizing numbers and types of advanced
conventional weapons;
(D) defense articles or defense services, as those
terms are defined in paragraphs (3) and (4),
respectively, of section 47 of the Arms Export Control
Act (22 U.S.C. 2794);
(E) defense information, as that term is defined in
section 644 of the Foreign Assistance Act of 1961 (22
U.S.C. 2403); or
(F) items designated by the President for purposes
of the United States Munitions List under section
38(a)(1) of the Arms Export Control Act (22 U.S.C.
2778(a)(1)).
(b) Report Required.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the appropriate committees of Congress a report on Iranian
support of proxy forces in Syria and Lebanon and the threat posed to
Israel, other United States regional allies, and other specified
interests of the United States as a result of such support.
(c) Matters for Inclusion.--The report required under subsection
(b) shall include information relating to the following matters with
respect to both the strategic and tactical implications for the United
States and its allies:
(1) A description of arms or related materiel transferred
by Iran to Hizballah since March 2011, including the number of
such arms or related materiel and whether such transfer was by
land, sea, or air, as well as financial and additional
technological capabilities transferred by Iran to Hizballah.
(2) A description of Iranian and Iranian-controlled
personnel, including Hizballah, Shiite militias, and Iran's
Revolutionary Guard Corps forces, operating within Syria,
including the number and geographic distribution of such
personnel operating within 30 kilometers of the Israeli borders
with Syria and Lebanon.
(3) An assessment of Hizballah's operational lessons
learned based on its recent experiences in Syria.
(4) A description of any rocket-producing facilities in
Lebanon for nonstate actors, including whether such facilities
were assessed to be built at the direction of Hizballah
leadership, Iranian leadership, or in consultation between
Iranian leadership and Hizballah leadership.
(5) An analysis of the foreign and domestic supply chains
that significantly facilitate, support, or otherwise aid
Hizballah's acquisition or development of missile production
facilities, including the geographic distribution of such
foreign and domestic supply chains.
(6) An assessment of the provision of goods, services, or
technology transferred by Iran or its affiliates to Hizballah
to indigenously manufacture or otherwise produce missiles.
(7) An identification of foreign persons that are based on
credible information, facilitating the transfer of significant
financial support or arms or related materiel to Hizballah.
(8) A description of the threat posed to Israel and other
United States allies in the Middle East by the transfer of arms
or related material or other support offered to Hizballah and
other proxies from Iran.
(d) Form of Report.--The report required under subsection (b) shall
be submitted in unclassified form, but may include a classified annex.
SEC. 2708. ANNUAL REPORT ON IRANIAN EXPENDITURES SUPPORTING FOREIGN
MILITARY AND TERRORIST ACTIVITIES.
(a) Annual Report Required.--Not later than 90 days after the date
of the enactment of this Act and not less frequently than once each
year thereafter, the Director of National Intelligence shall submit to
Congress a report describing Iranian expenditures in the previous
calendar year on military and terrorist activities outside the country,
including each of the following:
(1) The amount spent in such calendar year on activities by
the Islamic Revolutionary Guard Corps, including activities
providing support for--
(A) Hizballah;
(B) Houthi rebels in Yemen;
(C) Hamas;
(D) proxy forces in Iraq and Syria; or
(E) any other entity or country the Director
determines to be relevant.
(2) The amount spent in such calendar year for ballistic
missile research and testing or other activities that the
Director determines are destabilizing to the Middle East
region.
(b) Form.--The report required under subsection (a) shall be
submitted in unclassified form, but may include a classified annex.
SEC. 2709. EXPANSION OF SCOPE OF COMMITTEE TO COUNTER ACTIVE MEASURES
AND REPORT ON ESTABLISHMENT OF FOREIGN MALIGN INFLUENCE
CENTER.
(a) Scope of Committee To Counter Active Measures.--
(1) In general.--Section 501 of the Intelligence
Authorization Act for Fiscal Year 2017 (Public Law 115-31; 50
U.S.C. 3001 note) is amended--
(A) in subsections (a) through (h)--
(i) by inserting ``, the People's Republic
of China, the Islamic Republic of Iran, the
Democratic People's Republic of Korea, or other
nation state'' after ``Russian Federation''
each place it appears; and
(ii) by inserting ``, China, Iran, North
Korea, or other nation state'' after ``Russia''
each place it appears; and
(B) in the section heading, by inserting ``, the
people's republic of china, the islamic republic of
iran, the democratic people's republic of korea, or
other nation state'' after ``russian federation''.
(2) Clerical amendment.--The table of contents in section
1(b) of such Act is amended by striking the item relating to
section 501 and inserting the following new item:
``Sec. 501. Committee to counter active measures by the Russian
Federation, the People's Republic of China,
the Islamic Republic of Iran, the
Democratic People's Republic of Korea, or
other nation states to exert covert
influence over peoples and governments.''.
(b) Report on Foreign Malign Influence Response.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in coordination with such elements of the
intelligence community as the Director considers relevant,
shall submit to the congressional intelligence committees a
report on the feasibility and advisability of establishing a
center, to be known as the ``Foreign Malign Influence Response
Center'', that--
(A) is comprised of analysts from all appropriate
elements of the intelligence community, including
elements with related diplomatic and law enforcement
functions;
(B) has access to all intelligence and other
reporting acquired by the United States Government on
foreign efforts to influence, through overt and covert
malign activities, United States political processes
and elections;
(C) provides comprehensive assessment, and
indications and warning, of such activities; and
(D) provides for enhanced dissemination of such
assessment to United States policy makers.
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) A discussion of the desirability of the
establishment of such center and any barriers to such
establishment.
(B) Such recommendations and other matters as the
Director considers appropriate.
(c) Report on Ability To Identify Foreign Influence Efforts.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report concerning the ability of the intelligence
community to--
(A) identify foreign influence efforts aimed at
sowing discord or interfering, or both, in the
political processes of the United States; and
(B) report such efforts to appropriate authorities.
(2) Contents.--The report under paragraph (1) shall include
the following:
(A) A description of the current level of ongoing
communication and coordination across the intelligence
community and law enforcement, including the Department
of Justice, the Department of State, the Department of
Homeland Security, and the Federal Bureau of
Investigation, with respect to combating foreign
influence efforts described in subparagraph (A) of such
paragraph.
(B) Identification of the offices or components of
the departments and agencies of the Federal Government
that are tasked with any responsibility with respect to
combating such foreign influence efforts.
(C) Identification of the number of personnel
within each element of the intelligence community and
other elements of the Federal Government that are
focused on combating such foreign influence efforts,
whether on a temporary or permanent basis.
(D) Identification of the legal authorities that
are most relevant to combating such foreign influence
efforts, including--
(i) which such legal authorities pose
challenges or barriers to effectively combat
such foreign influence efforts and a
description of the reasons for such challenges
or barriers; and
(ii) which such legal authorities pose
challenges or barriers with respect to elements
of the intelligence community and other
elements of the Federal Government working
together to combat such foreign influence
efforts and a description of the reasons for
such challenges or barriers.
(E) A description of the current level of
communication or engagement between the intelligence
community and private internet-platforms or social
media companies with respect to combating such foreign
influence efforts.
(F) A description of the additional resources the
Director determines is necessary to effectively
identify such foreign influence efforts, and the roles
and responsibilities across the intelligence community
that would best support the shared objective of
identifying such foreign influence efforts.
(G) Any other matters the Director determines
appropriate.
(3) Form.--The report under paragraph (1) may be submitted
in classified form.
Subtitle B--Reports
SEC. 2711. TECHNICAL CORRECTION TO INSPECTOR GENERAL STUDY.
Section 11001(d) of title 5, United States Code, is amended--
(1) in the subsection heading, by striking ``Audit'' and
inserting ``Review'';
(2) in paragraph (1), by striking ``audit'' and inserting
``review''; and
(3) in paragraph (2), by striking ``audit'' and inserting
``review''.
SEC. 2712. REPORTS ON AUTHORITIES OF THE CHIEF INTELLIGENCE OFFICER OF
THE DEPARTMENT OF HOMELAND SECURITY.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(C) the Committee on Homeland Security of the House
of Representatives.
(2) Homeland security intelligence enterprise.--The term
``Homeland Security Intelligence Enterprise'' has the meaning
given such term in Department of Homeland Security Instruction
Number 264-01-001, or successor authority.
(b) Report Required.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Homeland Security, in
consultation with the Under Secretary of Homeland Security for
Intelligence and Analysis, shall submit to the appropriate committees
of Congress a report on the authorities of the Under Secretary.
(c) Elements.--The report required by subsection (b) shall include
each of the following:
(1) An analysis of whether the Under Secretary has the
legal and policy authority necessary to organize and lead the
Homeland Security Intelligence Enterprise, with respect to
intelligence, and, if not, a description of--
(A) the obstacles to exercising the authorities of
the Chief Intelligence Officer of the Department and
the Homeland Security Intelligence Council, of which
the Chief Intelligence Officer is the chair; and
(B) the legal and policy changes necessary to
effectively coordinate, organize, and lead intelligence
activities of the Department of Homeland Security.
(2) A description of the actions that the Secretary has
taken to address the inability of the Under Secretary to
require components of the Department, other than the Office of
Intelligence and Analysis of the Department to--
(A) coordinate intelligence programs; and
(B) integrate and standardize intelligence products
produced by such other components.
SEC. 2713. 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. 2714. REPORT ON ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE WITH
RESPECT TO CERTAIN FOREIGN INVESTMENTS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence, in
consultation with the heads of the elements of the intelligence
community determined appropriate by the Director, shall submit to the
congressional intelligence committees a report on the role of the
Director in preparing analytic materials in connection with the
evaluation by the Federal Government of national security risks
associated with potential foreign investments into the United States.
(b) Elements.--The report under subsection (a) shall include--
(1) a description of the current process for the provision
of the analytic materials described in subsection (a);
(2) an identification of the most significant benefits and
drawbacks of such process with respect to the role of the
Director, including the sufficiency of resources and personnel
to prepare such materials; and
(3) recommendations to improve such process.
SEC. 2715. REPORT ON SURVEILLANCE BY FOREIGN GOVERNMENTS AGAINST UNITED
STATES TELECOMMUNICATIONS NETWORKS.
(a) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means the following:
(1) The congressional intelligence committees.
(2) The Committee on the Judiciary and the Committee on
Homeland Security and Governmental Affairs of the Senate.
(3) The Committee on the Judiciary and the Committee on
Homeland Security of the House of Representatives.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall, in
coordination with the Director of the Central Intelligence Agency, the
Director of the National Security Agency, the Director of the Federal
Bureau of Investigation, and the Secretary of Homeland Security, submit
to the appropriate congressional committees a report describing--
(1) any attempts known to the intelligence community by
foreign governments to exploit cybersecurity vulnerabilities in
United States telecommunications networks (including Signaling
System No. 7) to target for surveillance United States persons,
including employees of the Federal Government; and
(2) any actions, as of the date of the enactment of this
Act, taken by the intelligence community to protect agencies
and personnel of the United States Government from surveillance
conducted by foreign governments.
SEC. 2716. BIENNIAL REPORT ON FOREIGN INVESTMENT RISKS.
(a) Intelligence Community Interagency Working Group.--
(1) Requirement to establish.--The Director of National
Intelligence shall establish an intelligence community
interagency working group to prepare the biennial reports
required by subsection (b).
(2) Chairperson.--The Director of National Intelligence
shall serve as the chairperson of such interagency working
group.
(3) Membership.--Such interagency working group shall be
composed of representatives of each element of the intelligence
community that the Director of National Intelligence determines
appropriate.
(b) Biennial Report on Foreign Investment Risks.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act and not less frequently than
once every 2 years thereafter, the Director of National
Intelligence shall submit to the congressional intelligence
committees, the Committee on Homeland Security and Governmental
Affairs of the Senate, and the Committee on Homeland Security
of the House of Representatives a report on foreign investment
risks prepared by the interagency working group established
under subsection (a).
(2) Elements.--Each report required by paragraph (1) shall
include identification, analysis, and explanation of the
following:
(A) Any current or projected major threats to the
national security of the United States with respect to
foreign investment.
(B) Any strategy used by a foreign country that
such interagency working group has identified to be a
country of special concern to use foreign investment to
target the acquisition of critical technologies,
critical materials, or critical infrastructure.
(C) Any economic espionage efforts directed at the
United States by a foreign country, particularly such a
country of special concern.
SEC. 2717. MODIFICATION OF CERTAIN REPORTING REQUIREMENT ON TRAVEL OF
FOREIGN DIPLOMATS.
Section 502(d)(2) of the Intelligence Authorization Act for Fiscal
Year 2017 (Public Law 115-31) is amended by striking ``the number'' and
inserting ``a best estimate''.
SEC. 2718. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED
DISCLOSURES OF CLASSIFIED INFORMATION.
(a) In General.--Title XI of the National Security Act of 1947 (50
U.S.C. 3231 et seq.) is amended by adding at the end the following new
section:
``SEC. 1105. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED
DISCLOSURES OF CLASSIFIED INFORMATION.
``(a) Definitions.--In this section:
``(1) Covered official.--The term `covered official'
means--
``(A) the heads of each element of the intelligence
community; and
``(B) the inspectors general with oversight
responsibility for an element of the intelligence
community.
``(2) Investigation.--The term `investigation' means any
inquiry, whether formal or informal, into the existence of an
unauthorized public disclosure of classified information.
``(3) Unauthorized disclosure of classified information.--
The term `unauthorized disclosure of classified information'
means any unauthorized disclosure of classified information to
any recipient.
``(4) Unauthorized public disclosure of classified
information.--The term `unauthorized public disclosure of
classified information' means the unauthorized disclosure of
classified information to a journalist or media organization.
``(b) Intelligence Community Reporting.--
``(1) In general.--Not less frequently than once every 6
months, each covered official shall submit to the congressional
intelligence committees a report on investigations of
unauthorized public disclosures of classified information.
``(2) Elements.--Each report submitted under paragraph (1)
shall include, with respect to the preceding 6-month period,
the following:
``(A) The number of investigations opened by the
covered official regarding an unauthorized public
disclosure of classified information.
``(B) The number of investigations completed by the
covered official regarding an unauthorized public
disclosure of classified information.
``(C) Of the number of such completed
investigations identified under subparagraph (B), the
number referred to the Attorney General for criminal
investigation.
``(c) Department of Justice Reporting.--
``(1) In general.--Not less frequently than once every 6
months, the Assistant Attorney General for National Security of
the Department of Justice, in consultation with the Director of
the Federal Bureau of Investigation, shall submit to the
congressional intelligence committees, the Committee on the
Judiciary of the Senate, and the Committee on the Judiciary of
the House of Representatives a report on the status of each
referral made to the Department of Justice from any element of
the intelligence community regarding an unauthorized disclosure
of classified information made during the most recent 365-day
period or any referral that has not yet been closed, regardless
of the date the referral was made.
``(2) Contents.--Each report submitted under paragraph (1)
shall include, for each referral covered by the report, at a
minimum, the following:
``(A) The date the referral was received.
``(B) A statement indicating whether the alleged
unauthorized disclosure described in the referral was
substantiated by the Department of Justice.
``(C) A statement indicating the highest level of
classification of the information that was revealed in
the unauthorized disclosure.
``(D) A statement indicating whether an open
criminal investigation related to the referral is
active.
``(E) A statement indicating whether any criminal
charges have been filed related to the referral.
``(F) A statement indicating whether the Department
of Justice has been able to attribute the unauthorized
disclosure to a particular entity or individual.
``(d) Form of Reports.--Each report submitted under this section
shall be submitted in unclassified form, but may have a classified
annex.''.
(b) Clerical Amendment.--The table of contents in the first section
of the National Security Act of 1947 is amended by inserting after the
item relating to section 1104 the following new item:
``Sec. 1105. Semiannual reports on investigations of unauthorized
disclosures of classified information.''.
SEC. 2719. CONGRESSIONAL NOTIFICATION OF DESIGNATION OF COVERED
INTELLIGENCE OFFICER AS PERSONA NON GRATA.
(a) Covered Intelligence Officer Defined.--In this section, the
term ``covered intelligence officer'' means--
(1) a United States intelligence officer serving in a post
in a foreign country; or
(2) a known or suspected foreign intelligence officer
serving in a United States post.
(b) Requirement for Reports.--Not later than 72 hours after a
covered intelligence officer is designated as a persona non grata, the
Director of National Intelligence, in consultation with the Secretary
of State, shall submit to the congressional intelligence committees,
the Committee on Foreign Relations of the Senate, and the Committee on
Foreign Affairs of the House of Representatives a notification of that
designation. Each such notification shall include--
(1) the date of the designation;
(2) the basis for the designation; and
(3) a justification for the expulsion.
SEC. 2720. REPORTS ON INTELLIGENCE COMMUNITY PARTICIPATION IN
VULNERABILITIES EQUITIES PROCESS OF FEDERAL GOVERNMENT.
(a) Definitions.--In this section:
(1) Vulnerabilities equities policy and process document.--
The term ``Vulnerabilities Equities Policy and Process
document'' means the executive branch document entitled
``Vulnerabilities Equities Policy and Process'' dated November
15, 2017.
(2) Vulnerabilities equities process.--The term
``Vulnerabilities Equities Process'' means the interagency
review of vulnerabilities, pursuant to the Vulnerabilities
Equities Policy and Process document or any successor document.
(3) Vulnerability.--The term ``vulnerability'' means a
weakness in an information system or its components (for
example, system security procedures, hardware design, and
internal controls) that could be exploited or could affect
confidentiality, integrity, or availability of information.
(b) Reports on Process and Criteria Under Vulnerabilities Equities
Policy and Process.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees a written report describing--
(A) with respect to each element of the
intelligence community--
(i) the title of the official or officials
responsible for determining whether, pursuant
to criteria contained in the Vulnerabilities
Equities Policy and Process document or any
successor document, a vulnerability must be
submitted for review under the Vulnerabilities
Equities Process; and
(ii) the process used by such element to
make such determination; and
(B) the roles or responsibilities of that element
during a review of a vulnerability submitted to the
Vulnerabilities Equities Process.
(2) Changes to process or criteria.--Not later than 30 days
after any significant change is made to the process and
criteria used by any element of the intelligence community for
determining whether to submit a vulnerability for review under
the Vulnerabilities Equities Process, such element shall submit
to the congressional intelligence committees a report
describing such change.
(3) Form of reports.--Each report submitted under this
subsection shall be submitted in unclassified form, but may
include a classified annex.
(c) Annual Reports.--
(1) In general.--Not less frequently than once each
calendar year, the Director of National Intelligence shall
submit to the congressional intelligence committees a
classified report containing, with respect to the previous
year--
(A) the number of vulnerabilities submitted for
review under the Vulnerabilities Equities Process;
(B) the number of vulnerabilities described in
subparagraph (A) disclosed to each vendor responsible
for correcting the vulnerability, or to the public,
pursuant to the Vulnerabilities Equities Process; and
(C) the aggregate number, by category, of the
vulnerabilities excluded from review under the
Vulnerabilities Equities Process, as described in
paragraph 5.4 of the Vulnerabilities Equities Policy
and Process document.
(2) Unclassified information.--Each report submitted under
paragraph (1) shall include an unclassified appendix that
contains--
(A) the aggregate number of vulnerabilities
disclosed to vendors or the public pursuant to the
Vulnerabilities Equities Process; and
(B) the aggregate number of vulnerabilities
disclosed to vendors or the public pursuant to the
Vulnerabilities Equities Process known to have been
patched.
(3) Non-duplication.--The Director of National Intelligence
may forgo submission of an annual report required under this
subsection for a calendar year, if the Director notifies the
intelligence committees in writing that, with respect to the
same calendar year, an annual report required by paragraph 4.3
of the Vulnerabilities Equities Policy and Process document
already has been submitted to Congress, and such annual report
contains the information that would otherwise be required to be
included in an annual report under this subsection.
SEC. 2721. INSPECTORS GENERAL REPORTS ON CLASSIFICATION.
(a) Reports Required.--Not later than October 1, 2019, each
Inspector General listed in subsection (b) shall submit to the
congressional intelligence committees a report that includes, with
respect to the department or agency of the Inspector General, analyses
of the following:
(1) The accuracy of the application of classification and
handling markers on a representative sample of finished
reports, including such reports that are compartmented.
(2) Compliance with declassification procedures.
(3) The effectiveness of processes for identifying topics
of public or historical importance that merit prioritization
for a declassification review.
(b) Inspectors General Listed.--The Inspectors General listed in
this subsection are as follows:
(1) The Inspector General of the Intelligence Community.
(2) The Inspector General of the Central Intelligence
Agency.
(3) The Inspector General of the National Security Agency.
(4) The Inspector General of the Defense Intelligence
Agency.
(5) The Inspector General of the National Reconnaissance
Office.
(6) The Inspector General of the National Geospatial-
Intelligence Agency.
SEC. 2722. REPORTS ON GLOBAL WATER INSECURITY AND NATIONAL SECURITY
IMPLICATIONS AND BRIEFING ON EMERGING INFECTIOUS DISEASE
AND PANDEMICS.
(a) Reports on Global Water Insecurity and National Security
Implications.--
(1) Reports required.--Not later than 180 days after the
date of the enactment of this Act and not less frequently than
once every 5 years thereafter, the Director of National
Intelligence shall submit to the congressional intelligence
committees a report on the implications of water insecurity on
the national security interest of the United States, including
consideration of social, economic, agricultural, and
environmental factors.
(2) Assessment scope and focus.--Each report submitted
under paragraph (1) shall include an assessment of water
insecurity described in such subsection with a global scope,
but focus on areas of the world--
(A) of strategic, economic, or humanitarian
interest to the United States--
(i) that are, as of the date of the report,
at the greatest risk of instability, conflict,
human insecurity, or mass displacement; or
(ii) where challenges relating to water
insecurity are likely to emerge and become
significant during the 5-year or the 20-year
period beginning on the date of the report; and
(B) where challenges relating to water insecurity
are likely to imperil the national security interests
of the United States or allies of the United States.
(3) Consultation.--In researching a report required by
paragraph (1), the Director shall consult with--
(A) such stakeholders within the intelligence
community, the Department of Defense, and the
Department of State as the Director considers
appropriate; and
(B) such additional Federal agencies and persons in
the private sector as the Director considers
appropriate.
(4) Form.--Each report submitted under paragraph (1) shall
be submitted in unclassified form, but may include a classified
annex.
(b) Briefing on Emerging Infectious Disease and Pandemics.--
(1) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the congressional intelligence committees;
(B) the Committee on Foreign Affairs, the Committee
on Armed Services, the Committee on Energy and
Commerce, and the Committee on Appropriations of the
House of Representatives; and
(C) the Committee on Foreign Relations, the
Committee on Armed Services, the Committee on Health,
Education, Labor, and Pensions, and the Committee on
Appropriations of the Senate.
(2) Briefing.--Not later than 120 days after the date of
the enactment of this Act, the Director of National
Intelligence shall provide to the appropriate congressional
committees a briefing on the anticipated geopolitical effects
of emerging infectious disease (including deliberate,
accidental, and naturally occurring infectious disease threats)
and pandemics, and their implications on the national security
of the United States.
(3) Content.--The briefing under paragraph (2) shall
include an assessment of--
(A) the economic, social, political, and security
risks, costs, and impacts of emerging infectious
diseases on the United States and the international
political and economic system;
(B) the economic, social, political, and security
risks, costs, and impacts of a major transnational
pandemic on the United States and the international
political and economic system; and
(C) contributing trends and factors to the matters
assessed under subparagraphs (A) and (B).
(4) Examination of response capacity.--In examining the
risks, costs, and impacts of emerging infectious disease and a
possible transnational pandemic under paragraph (3), the
Director of National Intelligence shall also examine in the
briefing under paragraph (2) the response capacity within
affected countries and the international system. In considering
response capacity, the Director shall include--
(A) the ability of affected nations to effectively
detect and manage emerging infectious diseases and a
possible transnational pandemic;
(B) the role and capacity of international
organizations and nongovernmental organizations to
respond to emerging infectious disease and a possible
pandemic, and their ability to coordinate with affected
and donor nations; and
(C) the effectiveness of current international
frameworks, agreements, and health systems to respond
to emerging infectious diseases and a possible
transnational pandemic.
(5) Form.--The briefing under paragraph (2) may be
classified.
SEC. 2723. ANNUAL REPORT ON MEMORANDA OF UNDERSTANDING BETWEEN ELEMENTS
OF INTELLIGENCE COMMUNITY AND OTHER ENTITIES OF THE
UNITED STATES GOVERNMENT REGARDING SIGNIFICANT
OPERATIONAL ACTIVITIES OR POLICY.
Section 311 of the Intelligence Authorization Act for Fiscal Year
2017 (50 U.S.C. 3313) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by striking subsection (a) and inserting the following:
``(a) In General.--Each year, concurrent with the annual budget
request submitted by the President to Congress under section 1105 of
title 31, United States Code, each head of an element of the
intelligence community shall submit to the congressional intelligence
committees a report that lists each memorandum of understanding or
other agreement regarding significant operational activities or policy
entered into during the most recently completed fiscal year between or
among such element and any other entity of the United States
Government.
``(b) Provision of Documents.--Each head of an element of an
intelligence community who receives a request from the Select Committee
on Intelligence of the Senate or the Permanent Select Committee on
Intelligence of the House of Representatives for a copy of a memorandum
of understanding or other document listed in a report submitted by the
head under subsection (a) shall submit to such committee the requested
copy as soon as practicable after receiving such request.''.
SEC. 2724. STUDY ON THE FEASIBILITY OF ENCRYPTING UNCLASSIFIED WIRELINE
AND WIRELESS TELEPHONE CALLS.
(a) Study Required.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
complete a study on the feasibility of encrypting unclassified wireline
and wireless telephone calls between personnel in the intelligence
community.
(b) Report.--Not later than 90 days after the date on which the
Director completes the study required by subsection (a), the Director
shall submit to the congressional intelligence committees a report on
the Director's findings with respect to such study.
SEC. 2725. MODIFICATION OF REQUIREMENT FOR ANNUAL REPORT ON HIRING AND
RETENTION OF MINORITY EMPLOYEES.
(a) Expansion of Period of Report.--Subsection (a) of section 114
of the National Security Act of 1947 (50 U.S.C. 3050) is amended by
inserting ``and the preceding 5 fiscal years'' after ``fiscal year''.
(b) Clarification on Disaggregation of Data.--Subsection (b) of
such section is amended, in the matter before paragraph (1), by
striking ``disaggregated data by category of covered person from each
element of the intelligence community'' and inserting ``data,
disaggregated by category of covered person and by element of the
intelligence community,''.
SEC. 2726. REPORTS ON INTELLIGENCE COMMUNITY LOAN REPAYMENT AND RELATED
PROGRAMS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) there should be established, through the issuing of an
Intelligence Community Directive or otherwise, an intelligence
community-wide program for student loan repayment, student loan
forgiveness, financial counseling, and related matters, for
employees of the intelligence community;
(2) creating such a program would enhance the ability of
the elements of the intelligence community to recruit, hire,
and retain highly qualified personnel, including with respect
to mission-critical and hard-to-fill positions;
(3) such a program, including with respect to eligibility
requirements, should be designed so as to maximize the ability
of the elements of the intelligence community to recruit, hire,
and retain highly qualified personnel, including with respect
to mission-critical and hard-to-fill positions; and
(4) to the extent possible, such a program should be
uniform throughout the intelligence community and publicly
promoted by each element of the intelligence community to both
current employees of the element as well as to prospective
employees of the element.
(b) Report on Potential Intelligence Community-Wide Program.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in cooperation with the heads of the elements of
the intelligence community and the heads of any other
appropriate department or agency of the Federal Government,
shall submit to the congressional intelligence committees a
report on potentially establishing and carrying out an
intelligence community-wide program for student loan repayment,
student loan forgiveness, financial counseling, and related
matters, as described in subsection (a).
(2) Matters included.--The report under paragraph (1) shall
include, at a minimum, the following:
(A) A description of the financial resources that
the elements of the intelligence community would
require to establish and initially carry out the
program specified in paragraph (1).
(B) A description of the practical steps to
establish and carry out such a program.
(C) The identification of any legislative action
the Director determines necessary to establish and
carry out such a program.
(c) Annual Reports on Established Programs.--
(1) Covered programs defined.--In this subsection, the term
``covered programs'' means any loan repayment program, loan
forgiveness program, financial counseling program, or similar
program, established pursuant to title X of the National
Security Act of 1947 (50 U.S.C. 3191 et seq.) or any other
provision of law that may be administered or used by an element
of the intelligence community.
(2) Annual reports required.--Not less frequently than once
each year, the Director of National Intelligence shall submit
to the congressional intelligence committees a report on the
covered programs. Each such report shall include, with respect
to the period covered by the report, the following:
(A) The number of personnel from each element of
the intelligence community who used each covered
program.
(B) The total amount of funds each element expended
for each such program.
(C) A description of the efforts made by each
element to promote each covered program pursuant to
both the personnel of the element of the intelligence
community and to prospective personnel.
SEC. 2727. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) Correcting Long-Standing Material Weaknesses.--Section 368 of
the Intelligence Authorization Act for Fiscal Year 2010 (Public Law
110-259; 50 U.S.C. 3051 note) is hereby repealed.
(b) Interagency Threat Assessment and Coordination Group.--Section
210D of the Homeland Security Act of 2002 (6 U.S.C. 124k) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) through (i) as
subsections (c) through (h), respectively; and
(3) in subsection (c), as so redesignated--
(A) in paragraph (8), by striking ``; and'' and
inserting a period; and
(B) by striking paragraph (9).
(c) Inspector General Report.--Section 8H of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended--
(1) by striking subsection (g); and
(2) by redesignating subsections (h) and (i) as subsections
(g) and (h), respectively.
SEC. 2728. INSPECTOR GENERAL OF THE INTELLIGENCE COMMUNITY REPORT ON
SENIOR EXECUTIVES OF THE OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE.
(a) Senior Executive Service Position Defined.--In this section,
the term ``Senior Executive Service position'' has the meaning given
that term in section 3132(a)(2) of title 5, United States Code, and
includes any position above the GS-15, step 10, level of the General
Schedule under section 5332 of such title.
(b) Report.--Not later than 90 days after the date of the enactment
of this Act, the Inspector General of the Intelligence Community shall
submit to the congressional intelligence committees a report on the
number of Senior Executive Service positions in the Office of the
Director of National Intelligence.
(c) Matters Included.--The report under subsection (b) shall
include the following:
(1) The number of required Senior Executive Service
positions for the Office of the Director of National
Intelligence.
(2) Whether such requirements are reasonably based on the
mission of the Office.
(3) A discussion of how the number of the Senior Executive
Service positions in the Office compare to the number of senior
positions at comparable organizations.
(d) Cooperation.--The Director of National Intelligence shall
provide to the Inspector General of the Intelligence Community any
information requested by the Inspector General of the Intelligence
Community that is necessary to carry out this section by not later than
14 calendar days after the date on which the Inspector General of the
Intelligence Community makes such request.
SEC. 2729. BRIEFING ON FEDERAL BUREAU OF INVESTIGATION OFFERING
PERMANENT RESIDENCE TO SOURCES AND COOPERATORS.
Not later than 30 days after the date of the enactment of this Act,
the Director of the Federal Bureau of Investigation shall provide to
the congressional intelligence committees a briefing on the ability of
the Federal Bureau of Investigation to offer, as an inducement to
assisting the Bureau, permanent residence within the United States to
foreign individuals who are sources or cooperators in
counterintelligence or other national security-related investigations.
The briefing shall address the following:
(1) The extent to which the Bureau may make such offers,
whether independently or in conjunction with other agencies and
departments of the United States Government, including a
discussion of the authorities provided by section 101(a)(15)(S)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(S)), section 7 of the Central Intelligence Agency
Act (50 U.S.C. 3508), and any other provision of law under
which the Bureau may make such offers.
(2) An overview of the policies and operational practices
of the Bureau with respect to making such offers.
(3) The sufficiency of such policies and practices with
respect to inducing individuals to cooperate with, serve as
sources for such investigations, or both.
(4) Whether the Director recommends any legislative actions
to improve such policies and practices, particularly with
respect to the counterintelligence efforts of the Bureau.
SEC. 2730. INTELLIGENCE ASSESSMENT OF NORTH KOREA REVENUE SOURCES.
(a) Assessment Required.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence, in
coordination with the Assistant Secretary of State for Intelligence and
Research and the Assistant Secretary of the Treasury for Intelligence
and Analysis, shall produce an intelligence assessment of the revenue
sources of the North Korean regime. Such assessment shall include
revenue from the following sources:
(1) Trade in coal, iron, and iron ore.
(2) The provision of fishing rights to North Korean
territorial waters.
(3) Trade in gold, titanium ore, vanadium ore, copper,
silver, nickel, zinc, or rare earth minerals, and other stores
of value.
(4) Trade in textiles.
(5) Sales of conventional defense articles and services.
(6) Sales of controlled goods, ballistic missiles, and
other associated items.
(7) Other types of manufacturing for export, as the
Director of National Intelligence considers appropriate.
(8) The exportation of workers from North Korea in a manner
intended to generate significant revenue, directly or
indirectly, for use by the government of North Korea.
(9) The provision of nonhumanitarian goods (such as food,
medicine, and medical devices) and services by other countries.
(10) The provision of services, including banking and other
support, including by entities located in the Russian
Federation, China, and Iran.
(11) Online commercial activities of the Government of
North Korea, including online gambling.
(12) Criminal activities, including cyber-enabled crime and
counterfeit goods.
(b) Elements.--The assessment required under subsection (a) shall
include an identification of each of the following:
(1) The sources of North Korea's funding.
(2) Financial and non-financial networks, including supply
chain management, transportation, and facilitation, through
which North Korea accesses the United States and international
financial systems and repatriates and exports capital, goods,
and services; and
(3) the global financial institutions, money services
business, and payment systems that assist North Korea with
financial transactions.
(c) Submittal to Congress.--Upon completion of the assessment
required under subsection (a), the Director of National Intelligence
shall submit to the congressional intelligence committees a copy of
such assessment.
SEC. 2731. REPORT ON POSSIBLE EXPLOITATION OF VIRTUAL CURRENCIES BY
TERRORIST ACTORS.
(a) Short Title.--This section may be cited as the ``Stop Terrorist
Use of Virtual Currencies Act''.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Director of National Intelligence, in consultation
with the Secretary of the Treasury and the Under Secretary of Homeland
Security for Intelligence and Analysis, shall submit to Congress a
report on the possible exploitation of virtual currencies by terrorist
actors. Such report shall include the following elements:
(1) An assessment of the means and methods by which
international terrorist organizations and State sponsors of
terrorism use virtual currencies.
(2) An assessment of the use by terrorist organizations and
State sponsors of terrorism of virtual currencies compared to
the use by such organizations and States of other forms of
financing to support operations, including an assessment of the
collection posture of the intelligence community on the use of
virtual currencies by such organizations and States.
(3) A description of any existing legal impediments that
inhibit or prevent the intelligence community from collecting
information on or helping prevent the use of virtual currencies
by international terrorist organizations and State sponsors of
terrorism and an identification of any gaps in existing law
that could be exploited for illicit funding by such
organizations and States.
(c) Form of Report.--The report required by subsection (b) shall be
submitted in unclassified form, but may include a classified annex.
(d) Dissemination to State and Local Partners.--Consistent with the
protection of classified and confidential unclassified information, the
Under Secretary shall share the report required by subsection (b) with
State, local, and regional officials who operate within State, local,
and regional fusion centers through the Department of Homeland Security
State, Local, and Regional Fusion Center Initiative established in
section 210A of the Homeland Security Act of 2002 (6 U.S.C. 124h).
Subtitle C--Other Matters
SEC. 2741. PUBLIC INTEREST DECLASSIFICATION BOARD.
Section 710(b) of the Public Interest Declassification Act of 2000
(Public Law 106-567; 50 U.S.C. 3161 note) is amended by striking
``December 31, 2018'' and inserting ``December 31, 2028''.
SEC. 2742. TECHNICAL AND CLERICAL AMENDMENTS TO THE NATIONAL SECURITY
ACT OF 1947.
(a) Table of Contents.--The table of contents at the beginning of
the National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended--
(1) by inserting after the item relating to section 2 the
following new item:
``Sec. 3. Definitions.'';
(2) by striking the item relating to section 107;
(3) by striking the item relating to section 113B and
inserting the following new item:
``Sec. 113B. Special pay authority for science, technology,
engineering, or mathematics positions.'';
(4) by striking the items relating to sections 202, 203,
204, 208, 209, 210, 211, 212, 213, and 214; and
(5) by inserting after the item relating to section 311 the
following new item:
``Sec. 312. Repealing and saving provisions.''.
(b) Other Technical Corrections.--Such Act is further amended--
(1) in section 102A--
(A) in subparagraph (G) of paragraph (1) of
subsection (g), by moving the margins of such
subparagraph 2 ems to the left; and
(B) in paragraph (3) of subsection (v), by moving
the margins of such paragraph 2 ems to the left;
(2) in section 106--
(A) by inserting ``sec. 106.'' before ``(a)''; and
(B) in subparagraph (I) of paragraph (2) of
subsection (b), by moving the margins of such
subparagraph 2 ems to the left;
(3) by striking section 107;
(4) in section 108(c), by striking ``in both a classified
and an unclassified form'' and inserting ``to Congress in
classified form, but may include an unclassified summary'';
(5) in section 112(c)(1), by striking ``section 103(c)(7)''
and inserting ``section 102A(i)'';
(6) by amending section 201 to read as follows:
``SEC. 201. DEPARTMENT OF DEFENSE.
``Except to the extent inconsistent with the provisions of this Act
or other provisions of law, the provisions of title 5, United States
Code, shall be applicable to the Department of Defense.'';
(7) in section 205, by redesignating subsections (b) and
(c) as subsections (a) and (b), respectively;
(8) in section 206, by striking ``(a)'';
(9) in section 207, by striking ``(c)'';
(10) in section 308(a), by striking ``this Act'' and
inserting ``sections 2, 101, 102, 103, and 303 of this Act'';
(11) by redesignating section 411 as section 312;
(12) in section 503--
(A) in paragraph (5) of subsection (c)--
(i) by moving the margins of such paragraph
2 ems to the left; and
(ii) by moving the margins of subparagraph
(B) of such paragraph 2 ems to the left; and
(B) in paragraph (2) of subsection (d), by moving
the margins of such paragraph 2 ems to the left; and
(13) in subparagraph (B) of paragraph (3) of subsection (a)
of section 504, by moving the margins of such subparagraph 2
ems to the right.
SEC. 2743. TECHNICAL AMENDMENTS RELATED TO THE DEPARTMENT OF ENERGY.
(a) National Nuclear Security Administration Act.--
(1) Clarification of functions of the administrator for
nuclear security.--Subsection (b) of section 3212 of the
National Nuclear Security Administration Act (50 U.S.C.
2402(b)) is amended--
(A) by striking paragraphs (11) and (12); and
(B) by redesignating paragraphs (13) through (19)
as paragraphs (11) through (17), respectively.
(2) Counterintelligence programs.--Section 3233(b) of the
National Nuclear Security Administration Act (50 U.S.C.
2423(b)) is amended--
(A) by striking ``Administration'' and inserting
``Department''; and
(B) by inserting ``Intelligence and'' after ``the
Office of''.
(b) Atomic Energy Defense Act.--Section 4524(b)(2) of the Atomic
Energy Defense Act (50 U.S.C. 2674(b)(2)) is amended by inserting
``Intelligence and'' after ``The Director of''.
(c) National Security Act of 1947.--Paragraph (2) of section 106(b)
of the National Security Act of 1947 (50 U.S.C. 3041(b)(2)) is
amended--
(1) in subparagraph (E), by inserting ``and
Counterintelligence'' after ``Office of Intelligence'';
(2) by striking subparagraph (F); and
(3) by redesignating subparagraphs (G), (H), and (I) as
subparagraphs (F), (G), and (H), respectively.
SEC. 2744. SENSE OF CONGRESS ON NOTIFICATION OF CERTAIN DISCLOSURES OF
CLASSIFIED INFORMATION.
(a) Definitions.--In this section:
(1) Adversary foreign government.--The term ``adversary
foreign government'' means the government of any of the
following foreign countries:
(A) North Korea.
(B) Iran.
(C) China.
(D) Russia.
(E) Cuba.
(2) Covered classified information.--The term ``covered
classified information'' means classified information that
was--
(A) collected by an element of the intelligence
community; or
(B) provided by the intelligence service or
military of a foreign country to an element of the
intelligence community.
(3) Established intelligence channels.--The term
``established intelligence channels'' means methods to exchange
intelligence to coordinate foreign intelligence relationships,
as established pursuant to law by the Director of National
Intelligence, the Director of the Central Intelligence Agency,
the Director of the National Security Agency, or other head of
an element of the intelligence community.
(4) Individual in the executive branch.--The term
``individual in the executive branch'' means any officer or
employee of the executive branch, including individuals--
(A) occupying a position specified in article II of
the Constitution;
(B) appointed to a position by an individual
described in subparagraph (A); or
(C) serving in the civil service or the Senior
Executive Service (or similar service for senior
executives of particular departments or agencies).
(b) Findings.--Congress finds that section 502 of the National
Security Act of 1947 (50 U.S.C. 3092) requires elements of the
intelligence community to keep the congressional intelligence
committees ``fully and currently informed'' about all ``intelligence
activities'' of the United States, and to ``furnish to the
congressional intelligence committees any information or material
concerning intelligence activities * * * which is requested by either
of the congressional intelligence committees in order to carry out its
authorized responsibilities.''.
(c) Sense of Congress.--It is the sense of Congress that--
(1) section 502 of the National Security Act of 1947 (50
U.S.C. 3092), together with other intelligence community
authorities, obligates an element of the intelligence community
to submit to the congressional intelligence committees written
notification, by not later than 7 days after becoming aware,
that an individual in the executive branch has disclosed
covered classified information to an official of an adversary
foreign government using methods other than established
intelligence channels; and
(2) each such notification should include--
(A) the date and place of the disclosure of
classified information covered by the notification;
(B) a description of such classified information;
(C) identification of the individual who made such
disclosure and the individual to whom such disclosure
was made; and
(D) a summary of the circumstances of such
disclosure.
SEC. 2745. SENSE OF CONGRESS ON CONSIDERATION OF ESPIONAGE ACTIVITIES
WHEN CONSIDERING WHETHER OR NOT TO PROVIDE VISAS TO
FOREIGN INDIVIDUALS TO BE ACCREDITED TO A UNITED NATIONS
MISSION IN THE UNITED STATES.
It is the sense of the Congress that the Secretary of State, in
considering whether or not to provide a visa to a foreign individual to
be accredited to a United Nations mission in the United States, should
consider--
(1) known and suspected intelligence activities, espionage
activities, including activities constituting precursors to
espionage, carried out by the individual against the United
States, foreign allies of the United States, or foreign
partners of the United States; and
(2) the status of an individual as a known or suspected
intelligence officer for a foreign adversary.
Passed the House of Representatives July 17, 2019.
Attest:
CHERYL L. JOHNSON,
Clerk.