69–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–251 

INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 

2018 

JULY 24, 2017.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. NUNES, from the Permanent Select Committee on Intelligence, 

submitted the following 

R E P O R T 

together with 

MINORITY VIEWS 

[To accompany H.R. 3180] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Permanent Select Committee on Intelligence, 

to whom was referred the bill (H.R. 3180) to authorize appropriations for fiscal year 2018 for intelligence and intelligence-related 

activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement 

and Disability System, and for other purposes, having considered 

the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Intelligence Authorization Act 

for Fiscal Year 2018’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—INTELLIGENCE ACTIVITIES 

Sec. 101. Authorization of appropriations. 

Sec. 102. Classified Schedule of Authorizations. 

Sec. 103. Personnel ceiling adjustments. 

Sec. 104. Intelligence Community Management Account. 

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TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM 

Sec. 201. Authorization of appropriations. 

Sec. 202. Computation of annuities for employees of the Central Intelligence Agency. 

TITLE III—GENERAL INTELLIGENCE COMMUNITY MATTERS 

Sec. 301. Restriction on conduct of intelligence activities. 

Sec. 302. Increase in employee compensation and benefits authorized by law. 

Sec. 303. Congressional oversight of intelligence community contractors. 

Sec. 304. Enhanced personnel security programs. 

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY 

Subtitle A—Office of the Director of National Intelligence 

Sec. 401. Authority for protection of current and former employees of the Office of the Director of National Intelligence. 

Sec. 402. Designation of the program manager-information sharing environment. 

Sec. 403. Technical correction to the executive schedule. 

Subtitle B—Other Elements 

Sec. 411. Requirements relating to appointment of General Counsel of National Security Agency. 

Sec. 412. Transfer or elimination of certain components and functions of the Defense Intelligence Agency. 

Sec. 413. Technical amendments related to the Department of Energy. 

TITLE V—MATTERS RELATING TO FOREIGN COUNTRIES 

Sec. 501. Assessment of significant Russian influence campaigns directed at foreign elections and referenda. 

Sec. 502. Foreign counterintelligence and cybersecurity threats to Federal election campaigns. 

Sec. 503. Assessment of threat finance relating to the Russian Federation. 

TITLE VI—REPORTS AND OTHER MATTERS 

Sec. 601. Period of overseas assignments for certain foreign service officers. 

Sec. 602. Semiannual reports on investigations of unauthorized public disclosures of classified information. 

Sec. 603. Intelligence community reports on security clearances. 

Sec. 604. Report on expansion of Security Protective Services jurisdiction. 

Sec. 605. Report on role of Director of National Intelligence with respect to certain foreign investments. 

Sec. 606. Report on Cyber Exchange Program. 

Sec. 607. Review of intelligence community participation in vulnerabilities equities process. 

Sec. 608. Review of Intelligence Community whistleblower matters. 

Sec. 609. Sense of Congress on notifications of certain disclosures of classified information. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.—The term ‘‘congressional intelligence committees’’ means— 

(A) the Select Committee on Intelligence of the Senate; and 

(B) the Permanent Select Committee on Intelligence of the House of Representatives. 

(2) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence community’’ has the 

meaning given that term in section 3(4) of the National Security Act of 1947 

(50 U.S.C. 3003(4)). 

TITLE I—INTELLIGENCE ACTIVITIES 

SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

Funds are hereby authorized to be appropriated for fiscal year 2018 for the conduct of the intelligence and intelligence-related activities of the following elements 

of the United States Government: 

(1) The Office of the Director of National Intelligence. 

(2) The Central Intelligence Agency. 

(3) The Department of Defense. 

(4) The Defense Intelligence Agency. 

(5) The National Security Agency. 

(6) The Department of the Army, the Department of the Navy, and the Department of the Air Force. 

(7) The Coast Guard. 

(8) The Department of State. 

(9) The Department of the Treasury. 

(10) The Department of Energy. 

(11) The Department of Justice. 

(12) The Federal Bureau of Investigation. 

(13) The Drug Enforcement Administration. 

(14) The National Reconnaissance Office. 

(15) The National Geospatial-Intelligence Agency. 

(16) The Department of Homeland Security. 

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SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

(a) SPECIFICATIONS OF AMOUNTS.—The amounts authorized to be appropriated 

under section 101 and, subject to section 103, the authorized personnel ceilings as 

of September 30, 2018, for the conduct of the intelligence activities of the elements 

listed in paragraphs (1) through (16) of section 101, are those specified in the classified Schedule of Authorizations prepared to accompany this Act. 

(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZATIONS.— 

(1) AVAILABILITY.—The classified Schedule of Authorizations referred to in 

subsection (a) shall be made available to the Committee on Appropriations of 

the Senate, the Committee on Appropriations of the House of Representatives, 

and to the President. 

(2) DISTRIBUTION BY THE PRESIDENT.—Subject to paragraph (3), the President 

shall provide for suitable distribution of the classified Schedule of Authorizations referred to in subsection (a), or of appropriate portions of such Schedule, 

within the executive branch. 

(3) LIMITS ON DISCLOSURE.—The President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except— 

(A) as provided in section 601(a) of the Implementing Recommendations 

of the 9/11 Commission Act of 2007 (50 U.S.C. 3306(a)); 

(B) to the extent necessary to implement the budget; or 

(C) as otherwise required by law. 

SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 

(a) AUTHORITY FOR INCREASES.—The Director of National Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal 

year 2018 by the classified Schedule of Authorizations referred to in section 102(a) 

if the Director of National Intelligence determines that such action is necessary to 

the performance of important intelligence functions, except that the number of personnel employed in excess of the number authorized under such section may not, 

for any element of the intelligence community, exceed 3 percent of the number of 

civilian personnel authorized under such schedule for such element. 

(b) TREATMENT OF CERTAIN PERSONNEL.—The Director of National Intelligence 

shall establish guidelines that govern, for each element of the intelligence community, the treatment under the personnel levels authorized under section 102(a), including any exemption from such personnel levels, of employment or assignment 

in— 

(1) a student program, trainee program, or similar program; 

(2) a reserve corps or as a reemployed annuitant; or 

(3) details, joint duty, or long-term, full-time training. 

(c) NOTICE TO CONGRESSIONAL INTELLIGENCE COMMITTEES.—The Director of National Intelligence shall notify the congressional intelligence committees in writing 

at least 15 days prior to each exercise of an authority described in subsection (a). 

SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT. 

(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated 

for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2018 the sum of $526,900,000. Within such amount, funds 

identified in the classified Schedule of Authorizations referred to in section 102(a) 

for advanced research and development shall remain available until September 30, 

2019. 

(b) AUTHORIZED PERSONNEL LEVELS.—The elements within the Intelligence Community Management Account of the Director of National Intelligence are authorized 

804 positions as of September 30, 2018. Personnel serving in such elements may be 

permanent employees of the Office of the Director of National Intelligence or personnel detailed from other elements of the United States Government. 

(c) CLASSIFIED AUTHORIZATIONS.— 

(1) AUTHORIZATION OF APPROPRIATIONS.—In addition to amounts authorized to 

be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Intelligence Community Management Account for fiscal year 2018 such additional amounts as are 

specified in the classified Schedule of Authorizations referred to in section 

102(a). Such additional amounts made available for advanced research and development shall remain available until September 30, 2019. 

(2) AUTHORIZATION OF PERSONNEL.—In addition to the personnel authorized 

by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 2018, there are authorized such additional personnel 

for the Community Management Account as of that date as are specified in the 

classified Schedule of Authorizations referred to in section 102(a). 

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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 Retire- ment and Disability Fund for fiscal year 2018 the sum of $514,000,000. 

SEC. 202. COMPUTATION OF ANNUITIES FOR EMPLOYEES OF THE CENTRAL INTELLIGENCE 

AGENCY. 

(a) COMPUTATION OF ANNUITIES.— (1) IN GENERAL.—Section 221 of the Central Intelligence Agency Retirement 

Act (50 U.S.C. 2031) is amended— 

(A) in subsection (a)(3)(B), by striking the period at the end and inserting 

‘‘, as determined by using the annual rate of basic pay that would be payable for full-time service in that position.’’; 

(B) in subsection (b)(1)(C)(i), by striking ‘‘12-month’’ and inserting ‘‘2- 

year’’; 

(C) in subsection (f)(2), by striking ‘‘one year’’ and inserting ‘‘two years’’; 

(D) in subsection (g)(2), by striking ‘‘one year’’ each place such term appears and inserting ‘‘two years’’; 

(E) by redesignating subsections (h), (i), (j), (k), and (l) as subsections (i), 

(j), (k), (l), and (m), respectively; and 

(F) by inserting after subsection (g) the following: 

‘‘(h) CONDITIONAL ELECTION OF INSURABLE INTEREST SURVIVOR ANNUITY BY PAR- TICIPANTS MARRIED AT THE TIME OF RETIREMENT.— ‘‘(1) AUTHORITY TO MAKE DESIGNATION.—Subject to the rights of former 

spouses under subsection (b) and section 222, at the time of retirement a married participant found by the Director to be in good health may elect to receive 

an annuity reduced in accordance with subsection (f)(1)(B) and designate in 

writing an individual having an insurable interest in the participant to receive 

an annuity under the system after the participant’s death, except that any such 

election to provide an insurable interest survivor annuity to the participant’s 

spouse shall only be effective if the participant’s spouse waives the spousal right 

to a survivor annuity under this Act. The amount of the annuity shall be equal 

to 55 percent of the participant’s reduced annuity. 

‘‘(2) REDUCTION IN PARTICIPANT’S ANNUITY.—The annuity payable to the participant making such election shall be reduced by 10 percent of an annuity computed under subsection (a) and by an additional 5 percent for each full 5 years 

the designated individual is younger than the participant. The total reduction 

under this subparagraph may not exceed 40 percent. 

‘‘(3) COMMENCEMENT OF SURVIVOR ANNUITY.—The annuity payable to the designated individual shall begin on the day after the retired participant dies and 

terminate on the last day of the month before the designated individual dies. 

‘‘(4) RECOMPUTATION OF PARTICIPANT’S ANNUITY ON DEATH OF DESIGNATED INDIVIDUAL.—An annuity which is reduced under this subsection shall, effective 

the first day of the month following the death of the designated individual, be 

recomputed and paid as if the annuity had not been so reduced.’’. 

(2) CONFORMING AMENDMENTS.— 

(A) CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT.—The Central Intelligence Agency Retirement Act (50 U.S.C. 2001 et seq.) is amended— 

(i) in section 232(b)(1) (50 U.S.C. 2052(b)(1)), by striking ‘‘221(h),’’ 

and inserting ‘‘221(i),’’; and 

(ii) in section 252(h)(4) (50 U.S.C. 2082(h)(4)), by striking ‘‘221(k)’’ 

and inserting ‘‘221(l)’’. 

(B) CENTRAL INTELLIGENCE AGENCY ACT OF 1949.—Subsection (a) of section 14 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3514(a)) 

is amended by striking ‘‘221(h)(2), 221(i), 221(l),’’ and inserting ‘‘221(i)(2), 

221(j), 221(m),’’. 

(b) ANNUITIES FOR FORMER SPOUSES.—Subparagraph (B) of section 222(b)(5) of 

the Central Intelligence Agency Retirement Act (50 U.S.C. 2032(b)(5)(B)) is amended by striking ‘‘one year’’ and inserting ‘‘two years’’. 

(c) PRIOR SERVICE CREDIT.—Subparagraph (A) of section 252(b)(3) of the Central 

Intelligence Agency Retirement Act (50 U.S.C. 2082(b)(3)(A)) is amended by striking 

‘‘October 1, 1990’’ both places that term appears and inserting ‘‘March 31, 1991’’. 

(d) REEMPLOYMENT COMPENSATION.—Section 273 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2113) is amended— 

(1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and 

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(2) by inserting after subsection (a) the following: 

‘‘(b) PART-TIME REEMPLOYED ANNUITANTS.—The Director shall have the authority 

to reemploy an annuitant in a part-time basis in accordance with section 8344(l) of 

title 5, United States Code.’’. 

(e) EFFECTIVE DATE AND APPLICATION.—The amendments made by subsection 

(a)(1)(A) and subsection (c) shall take effect as if enacted on October 28, 2009, and 

shall apply to computations or participants, respectively, as of such date. 

TITLE III—GENERAL INTELLIGENCE 

COMMUNITY MATTERS 

SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES. 

The authorization of appropriations by this Act shall not be deemed to constitute 

authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States. 

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

Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental 

amounts as may be necessary for increases in such compensation or benefits authorized by law. 

SEC. 303. CONGRESSIONAL OVERSIGHT OF INTELLIGENCE COMMUNITY CONTRACTORS. 

(a) OVERSIGHT BY CONGRESS.— 

(1) IN GENERAL.—Title V of the National Security Act of 1947 (50 U.S.C. 3091 

et seq.) is amended by inserting after section 506J the following new section: 

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

‘‘Notwithstanding the terms of any contract awarded by the head of an element 

of the intelligence community, the head may not— 

‘‘(1) prohibit a contractor of such element from contacting or meeting with either of the congressional intelligence committees (including a member or an employee thereof) to discuss matters relating to a contract; 

‘‘(2) take any adverse action against a contractor of such element, including 

by suspending or debarring the contractor or terminating a contract, based on 

the contractor contacting or meeting with either of the congressional intelligence committees (including a member or an employee thereof) to discuss matters relating to a contract; or 

‘‘(3) require the approval of the head before a contractor of such element contacts or meets with either of the congressional intelligence committees (including a member or an employee thereof) to discuss matters relating to a contract.’’. 

(2) CLERICAL AMENDMENT.—The table of contents in the first section of the 

National Security Act of 1947 is amended by inserting after the item relating 

to section 506J the following new item: 

‘‘Sec. 506K. Oversight of intelligence community contractors.’’. 

(b) APPLICATION.—The amendment made by subsection (a)(1) shall apply with respect to a contract awarded by the head of an element of the intelligence community 

on or after the date of the enactment of this Act. 

SEC. 304. ENHANCED PERSONNEL SECURITY PROGRAMS. 

Section 11001(d) of title 5, United States Code, is amended— 

(1) in the subsection heading, by striking ‘‘AUDIT’’ and inserting ‘‘REVIEW’’; 

(2) in paragraph (1), by striking ‘‘audit’’ and inserting ‘‘review’’; and 

(3) in paragraph (2), by striking ‘‘audit’’ and inserting ‘‘review’’. 

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TITLE IV—MATTERS RELATING TO ELEMENTS 

OF THE INTELLIGENCE COMMUNITY 

Subtitle A—Office of the Director of National 

Intelligence 

SEC. 401. AUTHORITY FOR PROTECTION OF CURRENT AND FORMER EMPLOYEES OF THE OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE. 

Section 5(a)(4) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 

3506(a)(4)) is amended by striking ‘‘such personnel of the Office of the Director of 

National Intelligence as the Director of National Intelligence may designate;’’ and 

inserting ‘‘current and former personnel of the Office of the Director of National Intelligence and their immediate families as the Director of National Intelligence may 

designate;’’. 

SEC. 402. DESIGNATION OF THE PROGRAM MANAGER-INFORMATION SHARING ENVIRONMENT. 

(a) INFORMATION SHARING ENVIRONMENT.—Section 1016(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485(b)) is amended— 

(1) in paragraph (1), by striking ‘‘President’’ and inserting ‘‘Director of National Intelligence’’; and 

(2) in paragraph (2), by striking ‘‘President’’ both places that term appears 

and inserting ‘‘Director of National Intelligence’’. 

(b) PROGRAM MANAGER.—Section 1016(f) of the Intelligence Reform and Terrorism 

Prevention Act of 2004 (6 U.S.C. 485(f)) is amended by striking ‘‘The individual designated as the program manager shall serve as program manager until removed 

from service or replaced by the President (at the President’s sole discretion).’’ and 

inserting ‘‘Beginning on the date of the enactment of the Intelligence Authorization 

Act for Fiscal Year 2018, each individual designated as the program manager shall 

be appointed by the Director of National Intelligence.’’. 

SEC. 403. TECHNICAL CORRECTION TO THE EXECUTIVE SCHEDULE. 

Section 5313 of title 5, United States Code, is amended by adding at the end the 

following: 

‘‘Director of the National Counterintelligence and Security.’’. 

Subtitle B—Other Elements 

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

SECURITY AGENCY. 

(a) IN GENERAL.—Section 2 of the National Security Agency Act of 1959 (Public 

Law 86–36; 50 U.S.C. 3602) is amended by adding at the end the following new subsection: 

‘‘(c)(1) There is a General Counsel of the National Security Agency. 

‘‘(2) The General Counsel of the National Security Agency shall be appointed by 

the President, by and with the advice and consent of the Senate.’’. 

(b) EFFECTIVE DATE.—Subsection (c) of section 2 of the National Security Agency 

Act of 1959 (Public Law 86–36; 50 U.S.C. 3602) shall apply with respect to any person who is appointed to serve as General Counsel of the National Security Agency 

on or after January 21, 2021. 

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

DEFENSE INTELLIGENCE AGENCY. 

(a) INFORMATION REVIEW TASK FORCE.— 

(1) TRANSFER REQUIRED.—Effective on the date that is 180 days after the date 

of the enactment of this Act, there is transferred from the Director of the Defense Intelligence Agency to the Chairman of the Joint Chiefs of Staff all functions performed by the Information Review Task Force and all assigned responsibilities performed by the Information Review Task Force. Upon such transfer, 

such Task Force shall be designated as a chairman’s controlled activity. 

(2) TRANSITION PLAN.— 

(A) CONGRESSIONAL BRIEFING.—Not later than 60 days after the date of 

the enactment of this Act, the Director of the Defense Intelligence Agency 

and the Chairman of the Joint Chiefs of Staff shall jointly brief the congressional intelligence committees and the congressional defense committees on 

the plan to carry out the transfer required under paragraph (1). 

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(B) SUBMITTAL OF FORMAL PLAN.—Not later than 90 days after the date 

of the enactment of this Act, the Director of the Defense Intelligence Agency 

and the Chairman of the Joint Chiefs of Staff shall jointly submit to the 

congressional intelligence committees and the congressional defense committees a formal plan for the transfer required under paragraph (1). 

(3) LIMITATION ON USE OF FUNDS.—The Director of the Defense Intelligence 

Agency may not obligate or expend any funds authorized to be appropriated for 

the Information Review Task Force for fiscal year 2018 after the date that is 

180 days after the date of the enactment of this Act. Any such funds that are 

unobligated or unexpended as of such date shall be transferred to the Chairman 

of the Joint Chiefs of Staff. 

(b) IDENTITY INTELLIGENCE PROJECT OFFICE.— (1) ELIMINATION.—Effective on the date that is 180 days after the date of the 

enactment of this Act, the Director of the Defense Intelligence Agency shall 

eliminate the Identity Intelligence Project Office, including all functions and assigned responsibilities performed by the Identity Intelligence Project Office. All 

personnel and assets pertaining to such Office shall be transferred to other elements of the Defense Intelligence Agency, as determined by the Director. 

(2) TRANSITION PLAN.— (A) CONGRESSIONAL BRIEFING.—Not later than 60 days after the date of 

the enactment of this Act, the Director of the Defense Intelligence Agency 

shall brief the congressional intelligence committees and the congressional 

defense committees on the plan to carry out the elimination required under 

paragraph (1). 

(B) SUBMITTAL OF FORMAL PLAN.—Not later than 90 days after the date 

of the enactment of this Act, the Director of the Defense Intelligence Agency 

shall submit to the congressional intelligence committees and the congressional defense committees a formal plan for the elimination required under 

paragraph (1). 

(3) LIMITATION ON USE OF FUNDS.—The Director of the Defense Intelligence 

Agency may not obligate or expend any funds authorized to be appropriated for 

the Identity Intelligence Project Office for fiscal year 2018 after the date that 

is 180 days after the date of the enactment of this Act. Any such funds that 

are unobligated or unexpended as of such date shall be transferred to other elements of the Defense Intelligence Agency, as determined by the Director. 

(c) WATCHLISTING BRANCH.— 

(1) TRANSFER REQUIRED.—Effective on the date that is 180 days after the date 

of the enactment of this Act, there is transferred from the Director of the Defense Intelligence Agency to the Director for Intelligence of the Joint Staff all 

functions and all assigned responsibilities performed by the Watchlisting 

Branch. 

(2) TRANSITION PLAN.— 

(A) CONGRESSIONAL BRIEFING.—Not later than 60 days after the date of 

the enactment of this Act, the Director of the Defense Intelligence Agency 

and the Director for Intelligence of the Joint Staff shall jointly brief the 

congressional intelligence committees and the congressional defense committees on the plan to carry out the transfer required under paragraph (1). 

(B) SUBMITTAL OF FORMAL PLAN.—Not later than 90 days after the date 

of the enactment of this Act, the Director of the Defense Intelligence Agency 

and the Director for Intelligence of the Joint Staff shall jointly submit to 

the congressional intelligence committees and the congressional defense 

committees a formal plan for the transfer required under paragraph (1). 

(3) LIMITATION ON USE OF FUNDS.—The Director of the Defense Intelligence 

Agency may not obligate or expend any funds authorized to be appropriated for 

the Watchlisting Branch for fiscal year 2018 after the date that is 180 days 

after the date of the enactment of this Act. Any such funds that are unobligated 

or unexpended as of such date shall be transferred to the Director for Intelligence of the Joint Staff. 

(d) COUNTER-THREAT FINANCE.— 

(1) ELIMINATION.—Not later than 180 days after the date of the enactment 

of this Act, the Director of the Defense Intelligence Agency shall eliminate the 

Counter-Threat Finance analysis function of the Defense Intelligence Agency. 

All personnel and assets pertaining to such function shall be transferred to 

other elements of the Defense Intelligence Agency, as determined by the Director. 

(2) TRANSITION PLAN.— 

(A) CONGRESSIONAL BRIEFING.—Not later than 60 days after the date of 

the enactment of this Act, the Director of the Defense Intelligence Agency 

shall brief the congressional intelligence committees and the congressional 

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defense committees on the plan to eliminate the Counter-Threat Finance 

analysis function under paragraph (1). 

(B) SUBMITTAL OF FORMAL PLAN.—Not later than 90 days after the date 

of the enactment of this Act, the Director of the Defense Intelligence Agency 

shall submit to the congressional intelligence committees and the congressional defense committees a formal plan to eliminate such function under 

paragraph (1). 

(3) LIMITATION ON USE OF FUNDS.—The Director of the Defense Intelligence 

Agency may not obligate or expend any funds authorized to be appropriated for 

the Counter-Threat Finance analysis function for fiscal year 2018 after the date 

that is 180 days after the date of the enactment of this Act. Any such funds 

that are unobligated or unexpended as of such date shall be transferred to other 

elements of the Defense Intelligence Agency, as determined by the Director. 

(e) NATIONAL INTELLIGENCE UNIVERSITY.— 

(1) TRANSFER REQUIRED.—Effective on October 1, 2020, there is transferred 

from the Director of the Defense Intelligence Agency to the Director of National 

Intelligence all functions and all assigned responsibilities performed by the National Intelligence University. 

(2) TRANSITION PLAN.— 

(A) CONGRESSIONAL BRIEFING.—Not later than October 1, 2018, the Director of the Defense Intelligence Agency and the Director of National Intelligence shall jointly brief the congressional intelligence committees and the 

congressional defense committees on the plan to carry out the transfer required under paragraph (1). 

(B) SUBMITTAL OF FORMAL PLAN.—Not later than April 1, 2019, the Director of the Defense Intelligence Agency and the Director of National Intelligence shall jointly submit to the congressional intelligence committees and 

the congressional defense committees a formal plan for the transfer required under paragraph (1). 

(3) LIMITATION ON USE OF FUNDS.—The Director of the Defense Intelligence 

Agency may not obligate or expend any funds authorized to be appropriated for 

the National Intelligence University after October 1, 2020. Any such funds that 

are unobligated or unexpended as of such date shall be transferred to the Director of National Intelligence. 

(f) CONGRESSIONAL NOTICE FOR REPROGRAMMING.—Not later than 30 days before 

transferring any funds relating to transferring or eliminating any function under 

this section, the Director of the Defense Intelligence Agency shall submit to the congressional intelligence committees and the congressional defense committees notice 

in writing of such transfer. 

(g) TREATMENT OF CERTAIN FUNCTIONS AND RESPONSIBILITIES.— 

(1) IN GENERAL.—In the case of any function or executive agent responsibility 

that is transferred to the Director of National Intelligence pursuant to this section, the Director of National Intelligence may not delegate such function or responsibility to another element of the intelligence community. 

(2) EXECUTIVE AGENT RESPONSIBILITY.—In this subsection, the term ‘‘executive 

agent responsibility’’ means the specific responsibilities, functions, and authorities assigned by the Director of National Intelligence to the head of an intelligence community element to provide defined levels of support for intelligence 

operations, or administrative or other designated activities. 

(h) DEADLINE FOR POLICY UPDATES.—Not later than October 1, 2020, the Director 

of National Intelligence, the Under Secretary of Defense for Intelligence, and the 

Chairman of the Joint Chiefs of Staff shall ensure that all relevant policies of the 

intelligence community and Department of Defense are updated to reflect the transfers required to be made pursuant to this section. 

(i) TREATMENT OF TRANSFERRED FUNCTIONS.—No transferred functions or assigned responsibility referred to in subsection (a), (c), or (e) shall be considered a 

new start by the receiving element, including in the case of any lapse of appropriation for such transferred function or assigned responsibility. 

(j) REPORTS ON OTHER ELEMENTS OF DEFENSE INTELLIGENCE AGENCY.— 

(1) NATIONAL CENTER FOR CREDIBILITY ASSESSMENT.— 

(A) SENSE OF CONGRESS.—It is the sense of Congress that— 

(i) the assignment of executive agency for the National Center for 

Credibility Assessment to the Director of the Defense Intelligence 

Agency may be limiting the ability of the Center to effectively serve the 

Federal customer base of the Center; 

(ii) the failure of the Director of National Intelligence, in the role of 

the Director as security executive for the Federal Government, to define 

in policy the term ‘‘Executive Agent’’ may be further limiting the ability 

9 

of the Center to receive sufficient resources to carry out the critical 

Federal mission of the Center; and 

(iii) the evolution of the Center from an organization of the Army to 

an organization serving 27 departments and agencies and responsible 

for all Federal credibility assessment training, oversight, and research 

and development, has resulted in a convoluted oversight structure 

based on legacy reporting requirements. 

(B) REPORT.—Not later than October 1, 2018, the Director of the Defense 

Intelligence Agency, the Director of National Intelligence, and the Secretary 

of Defense shall jointly submit to the congressional intelligence committees 

and the congressional defense committees a report on— 

(i) the current and projected missions and functions of the National 

Center for Credibility Assessment; 

(ii) the effectiveness of the current organizational assignment of the 

Center to the Director of the Defense Intelligence Agency; 

(iii) the effectiveness of the current oversight structure between the 

Center, the Defense Intelligence Agency, the Under Secretary of Defense for Intelligence, and the Director of National Intelligence; and 

(iv) the resources and authorities necessary to most effectively execute the missions and functions of the Center. 

(2) UNDERGROUND FACILITIES ANALYSIS CENTER.— 

(A) SENSE OF CONGRESS.—It is the sense of Congress that— 

(i) the assignment of executive agency for the Underground Facilities 

Analysis Center to the Director of the Defense Intelligence Agency may 

be limiting the ability of the Center to effectively serve the broader intelligence community customer base of the Center; 

(ii) the failure of the Director of National Intelligence to define in policy the term ‘‘Executive Agent’’ may be further limiting the ability of 

the Center to receive sufficient resources to carry out the critical mission of the Center; and 

(iii) the requirements of the intelligence community and Department 

of Defense with respect to underground facilities are not adequately 

being met given the scale and complexity of the problem set and the 

relatively small amount of funding currently received by the Center. 

(B) REPORT.—Not later than October 1, 2018, the Director of the Defense 

Intelligence Agency, the Director of National Intelligence, and the Chairman of the Joint Chiefs of Staff shall jointly submit to the congressional 

intelligence committees and the congressional defense committees a report 

on— 

(i) the missions and functions of the Underground Facilities Analysis 

Center; 

(ii) the state of the requirements of the intelligence community and 

Department of Defense with respect to underground facilities and the 

ability of the Center to meet such requirements; 

(iii) the effectiveness of the current organizational assignment of the 

Center to the Director of the Defense Intelligence Agency; 

(iv) the effectiveness of the current oversight structure between the 

Center, the Defense Intelligence Agency, the Secretary of Defense, and 

the Director of National Intelligence; and 

(v) the resources and authorities necessary to most effectively execute 

the missions and functions of the Center. 

(k) CONGRESSIONAL DEFENSE COMMITTEES DEFINED.—In this section, the term 

‘‘congressional defense committees’’ means— 

(1) the Committees on Armed Services of the Senate and House of Representatives; and 

(2) the Committees on Appropriations of the Senate and House of Representatives. 

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

(a) ATOMIC ENERGY DEFENSE ACT.—Section 4524(b)(2) of the Atomic Energy Defense Act (50 U.S.C. 2674(b)(2)) is amended by inserting ‘‘Intelligence and’’ after 

‘‘The Director of’’. 

(b) NATIONAL SECURITY ACT OF 1947.—Paragraph (2) of section 106(b) of the National Security Act of 1947 (50 U.S.C. 3041(b)(2)) is amended— 

(1) in subparagraph (E), by inserting ‘‘and Counterintelligence’’ after ‘‘Office 

of Intelligence’’; 

(2) by striking subparagraph (F); 

(3) by redesignating subparagraphs (G), (H), and (I) as subparagraphs (F), 

(G), and (H), respectively; and 

10 

(4) in subparagraph (H), as redesignated by paragraph (3), by realigning the 

margin of such subparagraph two ems to the left. 

TITLE V—MATTERS RELATING TO FOREIGN 

COUNTRIES 

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

(a) ASSESSMENT REQUIRED.—Not later than 60 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report containing an analytical assessment of the 

most significant Russian influence campaigns, if any, conducted during the 3-year 

period preceding the date of the enactment of this Act, as well as the most significant current or planned such Russian influence campaigns, if any. Such assessment 

shall include— 

(1) a summary of such significant Russian influence campaigns, including, at 

a minimum, the specific means by which such campaigns were conducted, are 

being conducted, or likely will be conducted, as appropriate, and the specific 

goal of each such campaign; 

(2) a summary of any defenses against or responses to such Russian influence 

campaigns by the foreign state holding the elections or referenda; 

(3) a summary of any relevant activities by elements of the intelligence community undertaken for the purpose of assisting the government of such foreign 

state in defending against or responding to such Russian influence campaigns; 

and 

(4) an assessment of the effectiveness of such defenses and responses described in paragraphs (2) and (3). 

(b) FORM.—The report required by subsection (a) may be submitted in classified 

form, but if so submitted, shall contain an unclassified summary. 

(c) RUSSIAN INFLUENCE CAMPAIGN DEFINED.—In this section, the term ‘‘Russian 

influence campaign’’ means any effort, covert or overt, and by any means, attributable to the Russian Federation directed at an election, referendum, or similar 

process in a country other than the Russian Federation or the United States. 

SEC. 502. FOREIGN COUNTERINTELLIGENCE AND CYBERSECURITY THREATS TO FEDERAL 

ELECTION CAMPAIGNS. 

(a) REPORTS REQUIRED.— (1) IN GENERAL.—As provided in paragraph (2), for each Federal election, the 

Director of National Intelligence, in coordination with the Under Secretary of 

Homeland Security for Intelligence and Analysis and the Director of the Federal 

Bureau of Investigation, shall make publicly available on an internet website 

an advisory report on foreign counterintelligence and cybersecurity threats to 

election campaigns for Federal offices. Each such report shall include, consistent 

with the protection of sources and methods, each of the following: 

(A) A description of foreign counterintelligence and cybersecurity threats 

to election campaigns for Federal offices. 

(B) A summary of best practices that election campaigns for Federal offices can employ in seeking to counter such threats. 

(C) An identification of any publicly available resources, including United 

States Government resources, for countering such threats. 

(2) SCHEDULE FOR SUBMITTAL.—A report under this subsection shall be made 

available as follows: 

(A) In the case of a report regarding an election held for the office of Senator or Member of the House of Representatives during 2018, not later than 

the date that is 60 days after the date of the enactment of this Act. 

(B) In the case of a report regarding an election for a Federal office during any subsequent year, not later than the date that is one year before 

the date of the election. 

(3) INFORMATION TO BE INCLUDED.—A report under this subsection shall reflect the most current information available to the Director of National Intelligence regarding foreign counterintelligence and cybersecurity threats. 

(b) TREATMENT OF CAMPAIGNS SUBJECT TO HEIGHTENED THREATS.—If the Director 

of the Federal Bureau of Investigation and the Under Secretary of Homeland Security for Intelligence and Analysis jointly determine that an election campaign for 

Federal office is subject to a heightened foreign counterintelligence or cybersecurity 

threat, the Director and the Under Secretary, consistent with the protection of 

sources and methods, may make available additional information to the appropriate 

representatives of such campaign. 

11 

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

(a) REPORT.—Not later than 60 days after the date of the enactment of this Act, 

the Director of National Intelligence, acting through the National Intelligence Manager for Threat Finance, shall submit to the congressional intelligence committees 

a report containing an assessment of the financing of threat activity by the Russian 

Federation. 

(b) MATTERS INCLUDED.—The report under subsection (a) shall include, at a minimum, the following: 

(1) A summary of leading examples from the 3-year period prior to the date 

of the report of any threat finance activities conducted by, for the benefit of, or 

at the behest of officials of the Government of Russia, persons subject to sanctions under any provision of law imposing sanctions with respect to Russia, or 

Russian nationals subject to sanctions under any other provision of law. 

(2) An assessment with respect to any trends or patterns in threat finance 

activities relating to Russia, including common methods of conducting such activities. 

(3) A summary of engagement and coordination with international partners 

on threat finance relating to Russia, especially in Europe, including examples 

of such engagement and coordination. 

(4) An identification of any resource and collection gaps. 

(c) FORM.—The report submitted under subsection (a) may be submitted in classified form. 

(d) THREAT FINANCE DEFINED.—In this section, the term ‘‘threat finance’’ means— 

(1) the financing of cyber operations, global influence campaigns, intelligence 

service activities, proliferation, terrorism, or transnational crime and drug organizations; 

(2) the methods and entities used to spend, store, move, raise, or conceal 

money or value on behalf of threat actors; 

(3) sanctions evasion; or 

(4) other forms of threat financing domestically or internationally, as defined 

by the President. 

TITLE VI—REPORTS AND OTHER MATTERS 

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

(a) LENGTH OF PERIOD OF ASSIGNMENT.—Subsection (a) of section 502 of the Foreign Service Act of 1980 (22 U.S.C. 3982) is amended by adding at the end the following new paragraph: 

‘‘(3) In making assignments under paragraph (1), and in accordance with section 

903, and, if applicable, section 503, the Secretary shall assure that a member of the 

Service may serve at a post for a period of not more than six consecutive years.’’. 

(b) FOREIGN LANGUAGE DEPLOYMENT REQUIREMENTS.—Section 702 of the Foreign 

Service Act of 1980 (22 U.S.C. 4022) is amended by— 

(1) redesignating subsection (c) as subsection (d); and 

(2) by inserting after subsection (b) the following new subsection: 

‘‘(c) FOREIGN LANGUAGE DEPLOYMENT REQUIREMENTS.— 

‘‘(1) IN GENERAL.—The Secretary of State, with the assistance of other relevant officials, shall require all members of the Service who receive foreign language training in Arabic, Farsi, Chinese (Mandarin or Cantonese), Turkish, Korean, and Japanese by the institution or otherwise in accordance with subsection (b) to serve three successive tours in positions in which the acquired language is both relevant and determined to be a benefit to the Department. 

‘‘(2) OVERSEAS DEPLOYMENTS.—In carrying out paragraph (1), at least one of 

the three successive tours referred to in such paragraph shall be an overseas 

deployment. 

‘‘(3) WAIVER.—The Secretary of State may waive the application of paragraph 

(1) for medical or family hardship or in the interest of national security. 

‘‘(4) CONGRESSIONAL NOTIFICATION.—The Secretary of State shall notify the 

Committees on Appropriations and Foreign Affairs of the House of Representatives and Committees on Appropriations and Foreign Relations of the Senate at 

the end of each fiscal year of any instances during the prior twelve months in 

which the waiver authority described in paragraph (3) was invoked.’’. 

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

(a) IN GENERAL.—Title XI of the National Security Act of 1947 (50 U.S.C. 3091 

et seq.) is amended by adding at the end the following new section: 

12 

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

‘‘(a) IN GENERAL.—On a semiannual basis, each covered official shall submit to 

the congressional intelligence committees a report that includes, with respect to the 

preceding 6-month period— 

‘‘(1) the number of investigations opened by the covered official regarding an 

unauthorized public disclosure of classified information; 

‘‘(2) the number of investigations completed by the covered official regarding 

an unauthorized public disclosure of classified information; and 

‘‘(3) of the number of such completed investigations identified under paragraph (2), the number referred to the Attorney General for criminal investigation. 

‘‘(b) DEFINITIONS.—In this section: 

‘‘(1) The term ‘covered official’ means— 

‘‘(A) the heads of each element of the intelligence community; and 

‘‘(B) the inspectors general with oversight responsibility for an element of 

the intelligence community. 

‘‘(2) The term ‘investigation’ means any inquiry, whether formal or informal, 

into the existence of an unauthorized public disclosure of classified information. 

‘‘(3) The term ‘unauthorized public disclosure of classified information’ means 

the unauthorized disclosure of classified information to a journalist or media organization.’’. 

(b) CLERICAL AMENDMENT.—The table of contents in the first section of the National Security Act of 1947 is amended by inserting after the item relating to section 

1104 the following new item: 

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

SEC. 603. INTELLIGENCE COMMUNITY REPORTS ON SECURITY CLEARANCES. 

Section 506H of the National Security Act of 1947 (50 U.S.C. 3104) is amended— 

(1) in subsection (a)(1)— 

(A) in subparagraph (A)(ii), by inserting ‘‘and’’ after the semicolon; 

(B) in subparagraph (B)(ii), by striking ‘‘; and’’ and inserting a period; and 

(C) by striking subparagraph (C); 

(2) by redesignating subsection (b) as subsection (c); 

(3) by inserting after subsection (a) the following new subsection (b): 

‘‘(b) INTELLIGENCE COMMUNITY REPORTS.—(1) Not later than March 1 of each 

year, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the security clearances processed by each element 

of the intelligence community during the preceding calendar year. Each such report 

shall separately identify security clearances processed by each such element and 

shall cover Federal employees and contractor employees. 

‘‘(2) Each report submitted under paragraph (1) shall include each of the following 

for each element of the intelligence community for the year covered by the report: 

‘‘(A) The total number of initial security clearance background investigations 

opened for new applicants. 

‘‘(B) The total number of security clearance periodic re-investigations opened 

for existing employees. 

‘‘(C) The total number of initial security clearance background investigations 

for new applicants that were finalized and adjudicated with notice of a determination provided to the prospective applicant, including— 

‘‘(i) the total number that were adjudicated favorably and granted access 

to classified information; and 

‘‘(ii) the total number that were adjudicated unfavorably and resulted in 

a denial or revocation of a security clearance. 

‘‘(D) The total number of security clearance periodic background investigations that were finalized and adjudicated with notice of a determination provided to the existing employee, including— 

‘‘(i) the total number that were adjudicated favorably; and 

‘‘(ii) the total number that were adjudicated unfavorably and resulted in 

a denial or revocation of a security clearance. 

‘‘(E) The total number of pending security clearance background investigations, including initial applicant investigations and periodic re-investigations, 

that were not finalized and adjudicated as of the last day of such year and that 

remained pending as follows: 

‘‘(i) For 180 days or less. 

‘‘(ii) For 180 days or longer, but less than 12 months. 

‘‘(iii) For 12 months or longer, but less than 18 months. 

‘‘(iv) For 18 months or longer, but less than 24 months. 

‘‘(v) For 24 months or longer. 

13 

‘‘(F) In the case of security clearance determinations completed or pending 

during the year preceding the year for which the report is submitted that have 

taken longer than 12 months to complete— 

‘‘(i) the cause of the delay for such determinations; and 

‘‘(ii) the number of such determinations for which polygraph examinations 

were required. 

‘‘(G) The percentage of security clearance investigations, including initial and 

periodic re-investigations, that resulted in a denial or revocation of a security 

clearance. 

‘‘(H) The percentage of security clearance investigations that resulted in incomplete information. 

‘‘(I) The percentage of security clearance investigations that did not result in 

enough information to make a decision on potentially adverse information. 

‘‘(3) The report required under this subsection shall be submitted in unclassified 

form, but may include a classified annex.’’; and 

(4) in subsection (c), as redesignated by paragraph (2), by inserting ‘‘and (b)’’ 

after ‘‘subsection (a)(1)’’. 

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

(a) REPORT.—Not later than 60 days after the date of the enactment of this Act, 

the Director of the Central Intelligence Agency shall submit to the congressional intelligence committees a report on the feasibility, justification, costs, and benefits of 

expanding the jurisdiction of the protective services of the Central Intelligence 

Agency under section 15(a)(1) of the Central Intelligence Agency Act of 1949 (50 

U.S.C. 3515(a)). The report shall include— 

(1) an explanation of the need for expanding such jurisdiction beyond the 500- 

feet limit specified in such section 15(a)(1); and 

(2) an identification of any comparable departments or agencies of the Federal 

Government in the Washington metropolitan region (as defined in section 8301 

of title 40, United States Code) whose protective services jurisdictions exceed 

500 feet. 

(b) FORM.—The report under subsection (a) may be submitted in classified form. 

SEC. 605. REPORT ON ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE WITH RESPECT TO 

CERTAIN FOREIGN INVESTMENTS. 

(a) REPORT.—Not later than 180 days after the date of the enactment of this Act, 

the Director of National Intelligence, in consultation with the heads of the elements 

of the intelligence community determined appropriate by the Director, shall submit 

to the congressional intelligence committees a report on the role of the Director in 

preparing analytic materials in connection with the evaluation by the Federal Government of national security risks associated with potential foreign investments into 

the United States. 

(b) MATTERS INCLUDED.—The report under subsection (a) shall— 

(1) describe the current process for the provision of the analytic materials described in subsection (a); 

(2) identify the most significant benefits and drawbacks of such process with 

respect to the role of the Director, including any benefits or drawbacks relating 

to the time allotted to the Director to prepare such materials; and 

(3) include recommendations to improve such process. 

SEC. 606. REPORT ON CYBER EXCHANGE PROGRAM. 

(a) REPORT.—Not later than 90 days after the date of the enactment of this Act, 

the Director of National Intelligence shall submit to the congressional intelligence 

committees a report on the potential establishment of a fully voluntary exchange 

program between elements of the intelligence community and private technology 

companies under which— 

(1) an employee of an element of the intelligence community with demonstrated expertise and work experience in cybersecurity or related disciplines 

may elect to be temporarily detailed to a private technology company that has 

elected to receive the detailee; and 

(2) an employee of a private technology company with demonstrated expertise 

and work experience in cybersecurity or related disciplines may elect to be temporarily detailed to an element of the intelligence community that has elected 

to receive the detailee. 

(b) MATTERS INCLUDED.—The report under subsection (a) shall include the following: 

(1) The feasibility of establishing the exchange program described in such 

subsection. 

(2) Identification of any challenges in establishing the exchange program. 

14 

(3) An evaluation of the benefits to the intelligence community that would result from the exchange program. 

SEC. 607. REVIEW OF INTELLIGENCE COMMUNITY PARTICIPATION IN VULNERABILITIES EQUITIES PROCESS. 

(a) REVIEW.—Not later than 180 days after the date of the enactment of this Act, 

the Inspector General of the Intelligence Community shall review, with respect to 

the 3-year period preceding the date of the review, the roles and responsibilities of 

the elements of the intelligence community in the process of the Federal Government for determining whether, when, how, and to whom information about a vulnerability that is not publicly known will be shared with or released to a non-Federal 

entity or the public. 

(b) REPORT.— (1) SUBMISSION.—Not later than 240 days after the date of the enactment of 

this Act, the Inspector General shall submit to the congressional intelligence 

committees a report on the results of the review under subsection (a). 

(2) ELEMENTS.—The report under paragraph (1) shall include the following: 

(A) A description of the roles and responsibilities of the elements of the 

intelligence community in the process of determining whether, when, how, 

and to whom information about a vulnerability that is not publicly known 

will be shared or released to a non-Federal entity or the public. 

(B) The criteria used by the Federal Government, including elements of 

the intelligence community, in making such determination. 

(C) With respect to the period covered by the review— 

(i) a summary of vulnerabilities known to elements of the intelligence 

community that were reviewed by the Federal Government pursuant to 

such process, including— 

(I) the number of vulnerabilities known to the intelligence community that were reviewed; and 

(II) of such number of reviewed vulnerabilities, the number for 

which information was shared with or released to a non-Federal 

entity or the public; 

(ii) an assessment of whether there were any vulnerabilities known 

to elements of the intelligence community that were not reviewed pursuant to such process, and if so, the basis and rationale for not conducting such a review; and 

(iii) a summary of the most significant incidents in which a vulnerability known to the intelligence community, but not shared with or released to a non-Federal entity or the public, was exploited by an individual, an entity, or a foreign country in the course of carrying out a 

cyber intrusion. 

(D) A description of any current mechanisms for overseeing such process. 

(E) Recommendations to improve the efficiency, effectiveness, accountability, and, consistent with national security, transparency of such process. 

(F) Any other matters the Inspector General determines appropriate. 

(3) FORM.—The report may be submitted in classified form. 

(c) VULNERABILITY DEFINED.—In this section, the term ‘‘vulnerability’’ means, 

with respect to information technology, a design, configuration, or implementation 

weakness in a technology, product, system, service, or application that can be exploited or triggered to cause unexpected or unintended behavior. 

SEC. 608. REVIEW OF INTELLIGENCE COMMUNITY WHISTLEBLOWER MATTERS. 

(a) REVIEW OF WHISTLEBLOWER MATTERS.—The Inspector General of the Intelligence Community, in consultation with the inspectors general for the Central Intelligence Agency, the National Security Agency, the National Geospatial-Intelligence Agency, the Defense Intelligence Agency, and the National Reconnaissance 

Office, shall conduct a review of the authorities, policies, investigatory standards, 

and other practices and procedures relating to intelligence community whistleblower 

matters, with respect to such inspectors general. 

(b) OBJECTIVE OF REVIEW.—The objective of the review required under subsection 

(a) is to identify any discrepancies, inconsistencies, or other issues, which frustrate 

the timely and effective reporting of intelligence community whistleblower matters 

to appropriate inspectors general and to the congressional intelligence committees, 

and the fair and expeditious investigation and resolution of such matters. 

(c) CONDUCT OF REVIEW.—The Inspector General of the Intelligence Community 

shall take such measures as the Inspector General determines necessary in order 

to ensure that the review required by subsection (a) is conducted in an independent 

and objective fashion. 

(d) REPORT.—Not later than 270 days after the date of the enactment of this Act, 

the Inspector General of the Intelligence Community shall submit to the congresVerDate Sep 11 2014 06:59 Jul 26, 2017 Jkt 069006 PO 00000 Frm 00014 Fmt 6659 Sfmt 6621 E:\HR\OC\HR251.XXX HR251
15 

sional intelligence committees a written report containing the results of the review 

required under subsection (a), along with recommendations to improve the timely 

and effective reporting of Intelligence Community whistleblower matters to inspectors general and to the congressional intelligence committees and the fair and expeditious investigation and resolution of such matters. 

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

(a) FINDINGS.—Congress finds that section 502 of the National Security Act of 

1947 (50 U.S.C. 3092) requires elements of the intelligence community to keep the 

congressional intelligence committees ‘‘fully and currently informed’’ about all ‘‘intelligence activities’’ of the United States, and to ‘‘furnish to the congressional intelligence committees any information or material concerning intelligence activities. . .which is requested by either of the congressional intelligence committees in 

order to carry out its authorized responsibilities.’’. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the authorities described in subsection (a), together with other intelligence 

community authorities, obligate an element of the intelligence community to 

submit to the congressional intelligence committees written notification, by not 

later than 7 days after becoming aware, that an individual in the executive 

branch has disclosed covered classified information to an official of an adversary 

foreign government using methods other than established intelligence channels; 

and 

(2) each such notification should include— 

(A) the date and place of the disclosure of classified information covered 

by the notification; 

(B) a description of such classified information; 

(C) identification of the individual who made such disclosure and the individual to whom such disclosure was made; and 

(D) a summary of the circumstances of such disclosure. 

(c) DEFINITIONS.—In this section: 

(1) The term ‘‘adversary foreign government’’ means the government of any 

of the following foreign countries: 

(A) North Korea. 

(B) Iran. 

(C) China. 

(D) Russia. 

(E) Cuba. 

(2) The term ‘‘covered classified information’’ means classified information 

that was— 

(A) collected by an element of the intelligence community; or 

(B) provided by the intelligence service or military of a foreign country 

to an element of the intelligence community. 

(3) The term ‘‘established intelligence channels’’ means methods to exchange 

intelligence to coordinate foreign intelligence relationships, as established pursuant to law by the Director of National Intelligence, the Director of the Central 

Intelligence Agency, the Director of the National Security Agency, or other head 

of an element of the intelligence community. 

(4) The term ‘‘individual in the executive branch’’ means any officer or employee of the executive branch, including individuals— 

(A) occupying a position specified in article II of the Constitution; 

(B) appointed to a position by an individual described in subparagraph 

(A); or 

(C) serving in the civil service or the senior executive service (or similar 

service for senior executives of particular departments or agencies). 

PURPOSE

The purpose of H.R. 3180 is to authorize the intelligence and intelligence-related activities of the United States Government for 

Fiscal Year 2018. These activities enhance the national security of 

the United States, support and assist the armed forces of the 

United States, and support the President in the execution of the 

foreign policy of the United States. 

16 

CLASSIFIED ANNEX AND COMMITTEE INTENT

The classified annex to this report includes the classified schedule of authorizations and associated explanatory language. The 

Committee views the classified annex as an integral part of this 

legislation. The classified annex contains thorough discussions of 

the issues considered by the Committee underlying the funding authorizations found in the classified schedules of authorizations. All 

intelligence programs discussed in the classified annex to this report will follow the guidance and limitations set forth as associated 

language therein. The classified schedule of authorizations is incorporated directly into this legislation by virtue of Section 102 of the 

bill. The classified annex is available for review by all Members of 

the House of Representatives, subject to the requirements of clause 

13 of rule XXIII of the Rules of the House of Representatives and 

rule 14 of the Rules of Procedure for the House Permanent Select 

Committee on Intelligence. 

SCOPE OF COMMITTEE REVIEW

The bill authorizes U.S. intelligence and intelligence-related activities within the jurisdiction of the Committee, including the National Intelligence Program (NIP) and the Military Intelligence Program (MIP), the Homeland Security Intelligence Program (HSIP), 

and the Information Systems Security Program (ISSP). The NIP 

consists of all activities of the Office of the Director of National Intelligence (ODNI), as well as intelligence, intelligence-related, and 

counterintelligence activities conducted by: the Central Intelligence 

Agency; the Department of Defense, including the Defense Intelligence Agency, the National Security Agency, the National 

Geospatial-Intelligence Agency, the National Reconnaissance Office, and certain activities of the Departments of the Army, Navy, 

and Air Force; the Department of Energy; the Department of Justice, including the Federal Bureau of Investigation and the Drug 

Enforcement Administration; the Department of Homeland Security, including the U.S. Coast Guard and intelligence elements of 

DHS; Department of State; and the Department of the Treasury. 

The Committee has exclusive legislative, authorizing, and oversight 

jurisdiction of these programs. 

COMMITTEE STATEMENT AND VIEWS

H.R. 3180, the Intelligence Authorization Act for Fiscal Year 

2018 (the Act) authorizes the activities of, and funding for, the 17 

agencies that comprise the U.S. Intelligence Community (IC). 

These activities include: deterring nation state adversaries like 

Russia and China; countering an increasingly provocative North 

Korea; countering proliferators of weapons of mass destruction; defeating the Islamic State of Iraq and Syria (ISIS) and other terrorist groups; defending against world-wide cyber-attacks; and protecting the Homeland from overseas threats. 

The Act authorizes the resources necessary to face these challenges and provides for needed future capabilities. The total funding levels authorized by the classified Schedule of Authorizations 

are slightly below the Administration’s budget request, balancing 

fiscal discipline and national security. However, the Committee remains concerned that the funding levels for Fiscal Year 2019 and 

17 

beyond specified in the Budget Control Act of 2011 could prevent 

the IC from fully carrying out its missions at a time when the 

United States and its allies face increasingly complex security challenges. 

The provisions of the Act consist of changes to statute and direction to the IC to enable effective, efficient, and constitutional intelligence activities. Because most of the intelligence budget involves 

classified programs, the bulk of the Committee’s recommendations 

each year are found in the classified annex accompanying the bill. 

H.R. 3180 funds high-priority initiatives not included in the President’s budget request, trims requested increases that lack clear justifications, and reflects the Committee’s determinations of which 

programs represent the best value for intelligence dollars. Specific 

recommendations for the MIP and ISSP are consistent with H.R. 

2810, the Committee on Armed Services (HASC)-passed National 

Defense Authorization Act for Fiscal Year 2018 (FY 2018 NDAA). 

Ultimately, H.R. 3180 ensures that during Fiscal Year 2018, the 

dedicated men and women of the IC have the funding, authorities, 

and support they need to carry out their mission and keep America 

safe, while ensuring accountability and strict oversight of intelligence programs and activities. 

Defense Intelligence Agency (DIA)—Roles and missions review 

In the last 70 years, many reform efforts have targeted defense 

intelligence within the Department of Defense (DoD), but today’s 

defense intelligence apparatus is cumbersome, duplicative, and expensive. As a result, the Committee is examining the defense intelligence enterprise, beginning with a review of Defense Intelligence 

Agency (DIA) roles and missions. 

DIA was created in 1961 to de-conflict, coordinate, and oversee 

DoD intelligence functions executed independently by the military 

services. Its purpose was to achieve unity of effort in the production of military intelligence while realizing significant cost savings 

through more effective management of DoD intelligence resources. 

However, in recent years, DIA’s roles and missions have expanded 

from 19 discrete functions to more than 100. Moreover, DIA continues to receive a variety of administrative and enterprise management responsibilities. The Committee believes these assigned 

tasks and functions have detracted from DIA’s ability to execute its 

primary mission: providing intelligence on foreign militaries and 

operating environments that delivers an information advantage to 

prevent and decisively win wars. 

Based on initial findings from its review of DIA roles and missions, the Committee has determined that several functions currently assigned to DIA should be eliminated or transferred to other 

IC or DoD components. The Committee selected the following functions and organizations for transfer or elimination because they are 

tangential to DIA’s core missions and responsibilities in support of 

the DoD and IC, or are duplicative of functions conducted elsewhere: 

1. The Information Review Task Force (IRTF). The IRTF 

was originally established in August 2010 by the Secretary of 

Defense to lead a comprehensive department-wide review and 

determine the impact of a mass unauthorized disclosure and 

public release of classified information. The Task Force, which 

18 

is now responsible for impact assessments for multiple unauthorized disclosures and related leaks affecting DoD, should be 

transferred to the Chairman of the Joint Chiefs of Staff as a 

Chairman’s Controlled Activity. 

2. The Identity Intelligence Project Office (I2PO). Housed 

within the Defense Combating Terrorism Center (DCTC), I2PO 

is DIA’s focal point for DoD identity intelligence and coordinates DoD identity intelligence requirements and capabilities. 

Sufficient processes are in place for DoD identity intelligence 

management. The existence of a separate office that serves 

solely as a coordinating body for this function is unnecessary 

and should be eliminated. 

3. Watchlisting Branch. DCTCs Watchlisting Branch is responsible for submitting Terrorism Identity Nominations for 

DoD. This function should be transferred to the Director for Intelligence of the Joint Staff because it better aligns with the 

Joint Staff’s warning mission. 

4. Counter Threat Finance (CTF) Branch. The CTF Branch 

within DIA’s Americas Regional Center should be eliminated 

because CTF is not a core defense intelligence mission and is 

redundant of identical functions performed by other DoD components and IC agencies, including the Department of the 

Treasury. 

5. National Intelligence University (NIU). NIU is the IC’s 

sole accredited, federal degree-granting institution. NIU focuses on the profession of intelligence and is the only institution of higher education in the nation that allows its students 

to study and complete research in the Top Secret/Sensitive 

Compartmented Information (TS/SCI) domain. Since NIU operates in support of the entire IC, it should be transferred back 

to the Office of the Director of National Intelligence (ODNI). 

In addition, the Committee has concerns regarding the assignment of two other IC Centers to DIA and has asked the IC and 

DoD to provide a report to the congressional intelligence and defense committees on their missions and effectiveness: 

1. The Underground Facilities Analysis Center (UFAC). 

UFAC uses national intelligence and non-intelligence resources 

to find, characterize, and assess underground facilities used by 

adversarial state and non-state actors. 

2. The National Center for Credibility Assessment (NCCA). 

Located at Fort Jackson, South Carolina, NCCA is the federal 

center responsible for polygraph examiner education and training, continuing education certification, quality assurance, and 

credibility assessment research and development. 

Unauthorized disclosures of classified information 

The Committee is extremely concerned by the widespread, recent 

media reports that purport to contain unauthorized disclosures of 

classified information. Protecting the nation’s secrets from unauthorized disclosure is essential to safeguarding our nation’s intelligence sources and methods. An unlawful disclosure of classified 

information can destroy sensitive collection capabilities and endanger American lives, including those individuals who take great personal risks to assist the United States in collecting vital foreign intelligence. 

19 

Federal law prohibits the unauthorized disclosure of classified information, but enforcement is often lacking or inconsistent. Accordingly, the Committee desires to better understand the number of 

potential unauthorized disclosures discovered and investigated on a 

routine basis. Moreover, the Committee has little visibility into the 

number of investigations initiated by each IC agency or the number 

of criminal referrals to the Department of Justice. Accordingly, Section 602 of the Act requires all IC agencies to provide the congressional intelligence committees with a semi-annual report of the 

number of investigations of unauthorized disclosures to journalists 

or media organizations, including subsequent referrals to the Attorney General. 

Additionally, the Committee also wishes to better understand the 

role of Inspectors General (IGs) within elements of the IC, with respect to unauthorized disclosures of classified information at those 

elements. 

Therefore, the Committee directs the IC IG, within 180 days of 

enactment of this Act, to provide the congressional intelligence 

committees with a report regarding the role of IGs with respect to 

unauthorized disclosures. The report shall address: the roles of IC 

elements’ security personnel and law enforcement regarding unauthorized disclosures; the disclosures; the current role of IGs within 

IC elements regarding such disclosures; what, if any, specific actions could be taken by such IGs to increase their involvement in 

the investigation of such matters; any laws, rules or procedures 

that currently prevent IGs from increasing their involvement; and 

the benefits and drawbacks of increased IG involvement, to include 

potential impacts to IG’s roles and missions. 

Security clearance investigation delays 

Although the Committee understands and supports fully vetting 

IC civilian employees and contractors for access to classified information, the Committee remains concerned about the continued 

backlog of security clearance cases for both sets of personnel. Some 

IC agencies are experiencing delays in excess of one year for processing new security clearances. Further complicating this growing 

backlog is the fact that many IC agencies refuse to accept active, 

adjudicated security clearances from other agencies. The inability 

of various IC elements to timely grant new security clearances or 

accept existing ones leaves funded billets unmanned, and causes 

agencies to lose top talent who are unwilling or unable to wait a 

year or more to begin new careers in the IC. Moreover, lost government and contractor efforts hinder IC missions threatening our national security. While the recently established National Background Investigative Bureau (NBIB) is working to reduce the security clearance backlog at the Office of Personnel Management 

(OPM), processes at various IC agencies that utilize OPM remain 

inefficient. 

Therefore, in addition to the requirements of Section 602, the 

Committee directs ODNI, within 90 days of enactment of this Act, 

to brief the congressional intelligence and defense committees on 

the amount of time required for processing initial security clearances, periodic re-investigations, and reciprocal actions for IC agencies started during fiscal years 2016 and 2017. Such briefing shall 

include the average time required for each of the following: 

20 

1. Passage of the Standard Form (SF)–86 or security clearance questionnaire package to OPM or other applicable investigative service provider; 

2. The completion of the investigation by OPM or the applicable investigative service provider; 

3. The completion of final adjudication; and 

4. Notification to the applicant or employee that the clearance request was granted or denied. 

Presidential Policy Guidance 

The Presidential Policy Guidance (PPG) dated May 22, 2013, and 

entitled ‘‘Procedures for Approving Direct Action Against Terrorist 

Targets Located Outside the United States and Areas of Active Hostilities’’ provides for the participation by elements of the IC in reviews of certain proposed counterterrorism operations. The Committee desires to remain fully and currently informed about the 

status of the PPG and its implementation. 

Therefore, the Committee directs ODNI, within five days of any 

change to the PPG, or to any successor policy guidance, to submit 

to the congressional intelligence committees a written notification 

thereof, that shall include a summary of the change and the specific legal and policy justification(s) for the change. 

Foreign service officer tour lengths 

Committee members and staff frequently meet with foreign service officers worldwide during oversight travel and recognize the difficulties faced by the Department of State in staffing embassies 

and consulates with officers with the necessary language and cultural expertise. The Committee believes that the current standard 

tour length for foreign service officers exacerbates these challenges 

by moving officers with significant language and cultural experience after only two years of service in each country, and therefore 

must be lengthened. The Committee further believes that the Department of State could achieve significant cost savings by reducing the number of permanent-changes-of-station and extending the 

tour length of officers overseas. 

Therefore, consistent with H.R. 6271, The Foreign Service Optimization Act of 2016, introduced by Chairman Nunes in the 114th 

Congress, Section 601 of the Act amends the Foreign Service Act 

of 1980 to permit the Secretary of State to allow foreign service officers to serve at an overseas post for a period of not more than 

six consecutive years. In addition, it requires the Secretary of 

State, with the assistance of other relevant officials, to require all 

members of the foreign service who receive language training in 

Arabic, Farsi, Chinese (Mandarin or Cantonese), Turkish, Korean, 

and Japanese to serve three successive tours in positions in which 

the acquired language is both relevant and determined to be a benefit to the Department of State—though the Secretary of State may 

waive that requirement for medical or family hardship reasons, or 

in the interest of national security. 

Centers for Academic Excellence 

The Committee commends the commitment demonstrated by 

ODNI’s Centers for Academic Excellence (CAE) program managers, 

IC agencies that sponsored CAE interns, and all other personnel 

21 

who contributed to making the inaugural edition of the CAE Internship Program a reality in summer 2017. The Committee expects the CAE Program to build on this foundation by showing 

measurable, swift progress, and ultimately fulfilling Congress’s intent that the Program serve as a pipeline of the next generation 

of IC professionals. 

Therefore, the Committee directs that the IC take all viable action to expand the CAE Program by increasing, to the fullest extent 

possible: 

1. The number and racial and gender diversity of CAE interns; 

2. The number of CAE academic institutions and their qualified internship candidates participating in the Program; and 

3. The number of IC elements that sponsor CAE interns. 

Report on violent extremist groups 

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

(NCTC) has stated publicly: 

[W]e need to counter our adversaries’ successful use of 

social media platforms to advance their propaganda goals, 

raise funds, recruit, coordinate travel and attack plans, 

and facilitate operations. . . . Our future work must focus 

on denying our adversaries the capability to spread their 

messages to at-risk populations that they can reach 

through the use of these platforms. 

Section 403 of the Intelligence Authorization Act for Fiscal Year 

2017 required the Director of National Intelligence (DNI), consistent with the protection of sources and methods, to assist public 

and private sector entities in recognizing online violent extremist 

content—specifically, by making publicly available a list of insignias and logos associated with foreign extremist groups designated 

by the Secretary of State. The Committee believes that further 

steps can be taken. 

Therefore, the Committee directs the Director of NCTC, in coordination with appropriate other officials designated by the DNI, 

within 180 days of enactment of this Act, to brief the congressional 

intelligence committees on options for a pilot program to develop 

and continually update best practices for private technology companies to quickly recognize and lawfully take down violent extremist 

content online. 

Such briefing shall address: 

1. The feasibility, risks, costs, and benefits of such a program; 

2. The U.S. Government agencies and private sector entities 

that would participate; and 

3. Any additional authorities that would be required by the 

program’s establishment. 

South China Sea 

The South China Sea is an area of great geostrategic importance 

to the United States and its allies. However, China’s controversial 

22 

territorial claims and other actions stand to undercut international 

norms and erode the region’s stability. It is thus imperative the 

United States uphold respect for international law in the South 

China Sea. Fulfilling that objective in turn will require an optimal 

intelligence collection posture. 

Therefore, the Committee directs DoD, in coordination with DNI, 

within 30 days of enactment of this Act, to brief the congressional 

intelligence and defense committees on known intelligence collection gaps, if any, with respect to adversary operations and aims in 

the South China Sea. The briefing shall identify the gaps and 

whether those gaps are driven by lack of access, lack of necessary 

collection capabilities or legal or policy authorities, or by other factors. The briefing shall also identify IC assessments that assess 

which intelligence disciplines would be best-suited to answer the 

existing gaps, and current plans to address the gaps over the Future Years Defense Program. 

Improving analytic automation 

The Committee continues to support efforts that gather, analyze, 

manage, and store large amounts of intelligence, surveillance, and 

reconnaissance (ISR) data from remote sources. Managing data by 

making information discoverable to analysts across the globe while 

reducing storage and analytical access costs are critical steps in 

DoD’s efforts to leverage commercial best practices in big data analytics. NGA is at the forefront of such efforts, but the Committee 

is concerned by DoD’s slow pace in developing formal requirements 

for big data analytic capabilities. 

The Committee understands that DoD faces challenges in addressing its ISR requirements, and DoD is investing in new collection capabilities that are producing growing volumes of data. However, investments in ground processing, automation, and alert functions need further attention. For example, wide area motion imagery collection capabilities have evolved with technology and are 

producing extremely valuable ISR data, but processing and integration of this data is labor intensive. DoD continues to struggle to 

apply commercially available data analysis and machine learning 

capabilities. The Committee recognizes that DoD’s processing, exploitation and dissemination (PED) challenges cannot be addressed 

without integrating commercial data processing and access techniques, and automating as much of the PED workflow as possible. 

Therefore, the Committee directs that the Under Secretary of Defense for Intelligence, in coordination with the Secretary of the 

Army, Secretary of the Air Force, Secretary of the Navy, and the 

DNI, no later than December 1, 2017, brief the congressional intelligence and defense committees on efforts that allow for rapid adoption of data storage, access, and automated processing and machine 

learning technologies and techniques. 

Project MAVEN 

In recent years, there has been an exponential growth in the volume of data available for DoD intelligence professionals to manage, 

process, exploit, and disseminate. Analysts are in dire need of tools 

that will support simultaneous access to, and analysis of, data from 

a multitude of sources and disciplines. 

23 

The massive quantities of available digital data hold significant 

promise for improving data analytics, producing more actionable 

intelligence, and contributing to the employment of a more lethal 

force. It is critical that DoD invest in new technologies that will 

bring artificial intelligence, deep learning, and computer vision to 

streamline the process of object detection, identification, and tracking—and allow analysts to focus their valuable cognitive capacity 

on the hardest and highest priority problems. 

The Committee believes Project MAVEN provides DoD with a 

critical path to the integration of big data, artificial intelligence, 

and machine learning across the full spectrum of military intelligence to ensure our warfighters maintain advantages over increasingly capable adversaries. Although DoD has taken tentative 

steps to explore the potential of artificial intelligence, big data, 

deep learning, and machine learning, the Committee believes 

Project MAVEN will accelerate DoD’s efforts to process the enormous volume of data. 

Therefore, the Committee directs the Secretary of Defense, in coordination with NGA and other relevant IC and DoD agencies, 

within 90 days of enactment of this Act, to brief the congressional 

intelligence and defense committees on Project MAVEN. Such 

briefing shall address: 

1. Schedule and strategy for labeling classified and unclassified data; 

2. Algorithm development, production, and deployment 

strategy; 

3. Coordination of integration efforts with other DoD and IC 

elements; 

4. Plan to implement the technologies developed by Project 

MAVEN technology throughout the defense intelligence enterprise; 

5. Additional areas this technological advance can be implemented; and 

6. Validated funding requirements and efforts that ensure 

spending practices are focused and efficient. 

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

The Committee directs the Director of NGA, in coordination with 

the DNI, the Director of the Central Intelligence Agency, and the 

Director of the National Reconnaissance Office, within 90 days of 

enactment of this Act, to submit to the congressional intelligence 

and defense committees a report on the feasibility, risks, costs, and 

benefits of providing the private sector and academia, on a needdriven and limited basis—consistent with the protection of sources 

and methods, as well as privacy and civil liberties—access to data 

in the possession of the NGA for the purpose of assisting the efforts 

of the private sector and academia in basic research, applied research, data transfers, and the development of automation, artificial intelligence, and associated algorithms. Such report shall include: 

1. Identification of any additional authorities that the Director of NGA would require to provide the private sector and academia with access to relevant data on a need-driven and limited basis, consistent with applicable laws and procedures reVerDate Sep 11 2014 06:59 Jul 26, 2017 Jkt 069006 PO 00000 Frm 00023 Fmt 6659 Sfmt 6602 E:\HR\OC\HR251.XXX HR251
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lating to the protection of sources, methods, privacy and civil 

liberties; and 

2. Market research to assess the commercial and academic 

interest in such data and determine likely private-sector entities and institutions of higher education interested in publicprivate partnerships relating to such data. 

Military Occupational Specialty-to-Degree program 

The Committee supports the Military Occupational Specialty 

(MOS)-to-Degree program, which is an innovative framework that 

enables enlisted Marines to receive credits towards an associate’s 

or a bachelor’s degree while earning required MOS credentials. The 

program partners with colleges and universities to map a Marine’s 

experience and training to equivalent credit, and provides Marines 

with an awareness of tuition assistance and scholarship programs 

to enable them to complete the remaining credits towards their degree. The Committee encourages the Marine Corps to expand the 

MOS-to-Degree program through further curriculum development 

and enhanced management of the program. 

Therefore, the Committee directs the Marine Corps Intelligence 

Activity (MCIA), within 90 days of the enactment of this Act, to 

brief the congressional intelligence and defense committees on the 

Marine Corps’ progress towards expanding the MOS-to-Degree program. 

Unmanned aircraft system pilot retention 

The Committee supports the Marine Corps’ vision to grow a more 

diverse, lethal, amphibious, and middleweight expeditionary force 

by leveraging emerging technologies, particularly in the area of unmanned and manned-unmanned teaming. Additionally, the Committee is enthusiastic about the Marine Corps’ efforts to equip operating forces down to the squad level with a Small Unit Remote 

Scouting System (SURSS) Family of Small Unmanned Aerial Systems (UAS) (FoSUAS) capable of operating in all weather conditions across the full spectrum of conflict. The Committee is also 

aware of the service’s concept for a Marine Air Ground Task Force 

Unmanned Expeditionary (MUX) capability. 

However, the Committee is concerned with the projected cost and 

delays associated with developing this new technology and believes 

the Marine Corps is ill-prepared to address the growing deficiency 

in expertise and the manpower challenges that will accompany expansion of the unmanned fleet. Based on observations of the Air 

Force’s and Army’s efforts, the Committee believes the Marine 

Corps’ UAS programs will experience pilot and maintainer shortages based on inadequate training, lack of reliable equipment, and 

the absence of incentive. 

Therefore, the Committee directs the Deputy Commandant of 

Aviation, within 120 days of enactment of this Act, to brief the congressional intelligence and defense committees on potential interim 

solutions to the gap exposed by the long development time for 

MUX. Such briefing should also address the Marine Corps’ UAS 

talent management plan, including a strategy for pilot retention 

and a plan to unify unmanned training that will build a base of 

instructors and encourage the professionalism of the community. 

25 

Remotely Piloted Aircraft training strategy 

Consistent with the committee report accompanying H.R. 2810, 

the HASC-passed FY 2018 NDAA (H. Rept. 115–200), the Committee directs the Secretary of the Air Force, no later than September 28, 2017, to brief the congressional intelligence and defense 

committees on the Air Force’s approach to Remotely Piloted Aircraft (RPA) aircrew training, with a particular focus on how the Air 

Force plans to field simulator capability and training capacity 

among Active and Reserve Component units supporting RPA operations. 

Wide-area motion imagery intelligence capability 

Consistent with the committee report accompanying H.R. 2810, 

the HASC-passed FY 2018 NDAA (H. Rept. 115–200), the Committee directs the Secretary of the Air Force no later than March 

1, 2018, to provide to the congressional intelligence and defense 

committees a report that describes in detail the lifecycle weapon 

system sustainment and modernization strategy for maintaining an 

enduring wide-area motion imagery capability for the geographic 

combatant commanders. 

MQ–4C Triton unmanned aircraft system 

Consistent with the committee report accompanying H.R. 2810, 

the HASC-passed FY 2018 NDAA (H. Rept. 115–200), the Committee directs the Secretary of the Navy, no later than November 

15, 2017, to brief the congressional intelligence and defense committees on MQ–4C mission execution and tasking, collection, processing, exploitation, and dissemination (TCPED) processes. The 

briefing shall include or explain: 

1. A framework description of the manning, equipping, and 

training requirements for the MQ–4C system; 

2. A description of the baseline architecture of the mission 

support infrastructure required to support MQ–4C operations; 

3. How the Navy plans to support and execute the TCPED 

processes; 

4. How the Navy plans to support flying operations from either line-of-sight or beyond-line-of-sight locations; 

5. How many aircraft the Navy plans to dedicate annually 

to the ISR Global Force Management Allocation Process of the 

DoD; and 

6. How many hours of collection the MQ–4C will be able to 

provide annually in each of the intelligence disciplines for combatant commanders. 

MQ–25 unmanned air system 

Consistent with the committee report accompanying H.R. 2810, 

the HASC-passed FY 2018 NDAA (H. Rept. 115–200), the Committee directs the Comptroller General of the United States, no 

later than March 1, 2018, to provide the congressional intelligence 

and defense committees with a report on the Navy’s carrier based 

unmanned aircraft acquisition program(s), with specific focus on 

the MQ–25, that takes into account the revised capability development document. The report shall include: 

26 

1. The extent to which the program(s) have established cost, 

schedule, and performance goals, including test, production, 

and fielding plans; and 

2. An assessment of program progress toward meeting those 

goals. 

E–8C Joint Surveillance and Target Attack Radar System 

Consistent with the committee report accompanying H.R. 2810, 

the HASC-passed FY 2018 NDAA (H. Rept. 115–200), the Committee directs the Secretary of the Air Force, no later than March 

1, 2019, to provide to the congressional intelligence and defense 

committees a report that explains in detail all aspects of how and 

when the Air Force will transition from legacy Joint Surveillance 

and Target Attack Radar System (JSTARS) aircraft capability to 

JSTARS Recapitalization aircraft capability. 

Acceleration of Increment 2 of Warfighter Information Network-Tactical program 

Consistent with Section 111 of H.R. 2810, the HASC-passed FY 

2018 NDAA, the Committee directs the Secretary of the Army, no 

later than January 30, 2018, to submit to the congressional intelligence and defense committees a report detailing potential options 

for the acceleration of procurement and fielding of the Warfighter 

Information Network-Tactical Increment 2 program. 

Cost-benefit analysis of upgrades to MQ–9 

Consistent with Section 134 of H.R. 2810, the HASC-passed FY 

2018 NDAA, the Committee directs the Secretary of Defense, in coordination with the Secretary of the Air Force, within 180 days of 

enactment of this Act, to provide the congressional intelligence and 

defense committees an analysis that compares the costs and benefits of the following: 

1. Upgrading fielded MQ–9 Reaper aircraft to a Block 5 configuration; and 

2. Proceeding with the procurement of MQ–9B aircraft instead of upgrading fielded MQ–9 Reaper aircraft to a Block 5 

configuration. 

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

The Committee recognizes that both piloted U–2 Dragon Lady 

and the remotely piloted RQ–4 Global Hawk fleets of aircraft provide essential and extremely sought after high-altitude airborne 

ISR capabilities for geographic combatant commanders. These platforms have been viewed as competitors for resources, with stakeholders trying to decide which should remain within the Air Force 

inventory for the long-term. 

Although the U–2 and RQ–4 have differing attributes that may 

make one platform preferable depending on requirements, maintaining both platforms provides critical, complementary capabilities 

within DoD’s portfolio of high-altitude ISR assets. Furthermore, retiring either aircraft would exacerbate an existing and significant 

capability shortfall in meeting combatant commanders’ requirements. 

The Committee expects the Secretary of the Air Force to continue 

current and future modernization efforts and upgrades for the U– 

27 

2 and RQ–4 to increase capability, generate synergy, and foster 

commonality within the high-altitude airborne ISR portfolio. The 

Committee discourages the Secretary of the Air Force or the Chief 

of Staff of the Air Force from planning in the future or proposing 

to Congress any aircraft retirement that would create an ISR capability deficit or capacity shortfalls from existing levels until a sufficient replacement reaches full operational capability. 

Therefore, consistent with Section 1034 of H.R. 2810, the HASCpassed FY 2018 NDAA, the Committee directs that none of the 

funds authorized to be appropriated by the Act, or otherwise made 

available for the DoD for any fiscal year before Fiscal Year 2024, 

may be obligated or expended to prepare to divest, place in storage, 

or place in a status awaiting further disposition of the possessing 

commander any U–2 or RQ–4 aircraft for the DoD. This prohibition 

shall not apply to an individual U–2 or RQ–4 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be 

non-returnable to flying service due to any mishap, other damage, 

or being uneconomical to repair. 

Nonconventional assisted recovery 

Consistent with Section 1053 of H.R. 2810, the HASC-passed FY 

2018 NDAA, the Committee directs the Secretary of Defense, no 

later than March 1, 2018, to submit to the congressional intelligence and defense committees the written review and assessment 

of personnel recovery and nonconventional assisted recovery programs. The assessment shall include: 

1. An overall strategy defining personnel recovery and nonconventional assisted recovery programs and activities, including how such programs and activities support the requirements 

of the geographic combatant commanders; 

2. A comprehensive review and assessment of statutory authorities, policies, and interagency coordination mechanisms, 

including limitations and shortfalls, for personnel recovery and 

nonconventional assisted recovery programs and activities; 

3. A comprehensive description of current and anticipated future personnel recovery and nonconventional assisted recovery 

requirements across the Future Years Defense Program, as 

validated by the Joint Staff; and 

4. An overview of validated current and expected future force 

structure requirements necessary to meet near-, mid-, and 

long-term personnel recovery and nonconventional assisted recovery programs and activities of the geographic combatant 

commanders. 

The Committee further directs the Comptroller General of the 

United States, within 90 days of the date on which the assessment 

is submitted, to submit to the congressional intelligence and defense committees a review of such assessment. 

COMMITTEE CONSIDERATION AND ROLL CALL VOTES

On July 13, 2017, the Committee met in open session to consider 

H.R. 3180 and ordered the bill favorably reported. 

In open session, the Committee considered an amendment in the 

nature of a substitute, offered by Mr. Nunes to H.R. 3180. The 

amendment was adopted by a voice vote. 

28 

Mr. Nunes then moved to make the classified Fiscal Year 2018 

schedule of authorizations available for Members of the House to 

review. The motion was agreed to by a recorded vote of 21 ayes to 

0 noes: 

Voting aye: Mr. Nunes (Chairman), Mr. Conaway, Mr. King, 

Mr. LoBiondo, Ms. Ros-Lehtinen, Mr. Turner, Mr. Wenstrup, 

Mr. Stewart, Mr. Crawford, Mr. Gowdy, Ms. Stefanik, Mr. 

Hurd, Mr. Schiff, Mr. Himes, Ms. Sewell, Mr. Carson, Ms. 

Speier, Mr. Quigley, Mr. Swalwell, Mr. Castro, and Mr. Heck. 

Voting no: None 

The Committee then agreed to a motion by the Chairman to favorably report H.R. 3180, as amended, to the House, including by 

reference the classified schedules of authorizations. The motion 

was agreed to by a unanimous voice vote. 

SECTION-BY-SECTION ANALYSIS AND EXPLANATION OF AMENDMENT

Section 1—Short title; table of contents 

Section 1 lists the title and table of contents of the Intelligence 

Authorization Act for Fiscal Year 2018 (the Act). 

Section 2—Definitions 

Section 2 defines the terms ‘‘congressional intelligence committees’’ and the ‘‘Intelligence Community’’ (IC) that will be used in 

the Act. 

TITLE I—INTELLIGENCE ACTIVITIES 

Section 101—Authorization of appropriations 

Section 101 lists the U.S. Government departments, agencies, 

and other elements for which the Act authorizes appropriations for 

intelligence and intelligence-related activities for Fiscal Year 2018. 

Section 102—Classified schedule of authorizations 

Section 102 provides that the amounts authorized to be appropriated for intelligence and intelligence-related activities and the 

personnel levels for Fiscal Year 2018 are contained in the classified 

Schedule of Authorizations and that the classified Schedule of Authorizations shall be made available to the Committees on Appropriations of the Senate and House of Representatives and to the 

President. 

Section 103—Personnel ceiling adjustments 

Section 103 provides that the Director of National Intelligence 

(DNI) may authorize employment of civilian personnel in Fiscal 

Year 2018 in excess of the number of authorized positions by an 

amount not exceeding three percent of the total limit applicable to 

each IC element under Section 102. The DNI may do so only if necessary to the performance of important intelligence functions. 

Section 104—Intelligence Community Management Account 

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

29 

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT 

AND DISABILITY SYSTEM 

Section 201—Authorization of appropriations 

Section 201 authorizes appropriations in the amount of 

$514,000,000 for Fiscal Year 2018 for the Central Intelligence 

Agency (CIA) Retirement and Disability Fund. 

Section 202—Computation of annuities for employees of the Central 

Intelligence Agency 

Section 202 makes technical changes to the CIA Retirement Act 

to conform with various statutes governing the Civil Service Retirement System. 

TITLE III—GENERAL PROVISIONS 

Section 301—Restriction on conduct of intelligence activities 

Section 301 provides that the authorization of appropriations by 

the Act shall not be deemed to constitute authority for the conduct 

of any intelligence activity that is not otherwise authorized by the 

Constitution or laws of the United States. 

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

Section 302 provides that funds authorized to be appropriated by 

the Act for salary, pay, retirement, and other benefits for federal 

employees may be increased by such additional or supplemental 

amounts as may be necessary for increases in compensation or benefits authorized by law. 

Section 303—Congressional oversight of Intelligence Community 

contractors 

Section 303 prohibits the head of an element of the IC from prohibiting a contractor with such element from contacting or meeting 

with the congressional intelligence committees, conditioning such 

contacts or meetings on the element’s prior approval, or taking any 

adverse action based on such contacts or meetings. 

Section 304—Enhanced personnel security programs 

Section 304 contains a technical correction to 5 U.S.C. 11001 that 

replaces ‘‘audit’’ with ‘‘review.’’ 

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE 

INTELLIGENCE COMMUNITY 

SUBTITLE A—OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE

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

Section 401 amends Section 5 of the CIA Act of 1949 to authorize 

the protection of current and former personnel of the Office of the 

Director of National Intelligence (ODNI) and their immediate families. 

30 

Section 402—Designation of the Program Manager-Information 

Sharing Environment 

Section 402 makes technical changes to the Intelligence Reform 

and Terrorism Protection Act of 2004 to permit the DNI to designate the Program Manager-Information Sharing Environment 

(PM–ISE). 

Section 403—Technical correction to the executive schedule 

Section 403 makes a technical change to 5 U.S.C. 5313, by adding the Director of Counterintelligence and Security to the list of 

positions included at Level II of the Executive Schedule. 

SUBTITLE B—OTHER ELEMENTS

Section 411—Requirements relating to appointment of General 

Counsel of National Security Agency 

Section 411 requires the General Counsel of the National Security Agency (NSA) to be appointed by the President, by and with 

the advice and consent of the Senate. The change shall apply with 

respect to any person appointed after January 21, 2021. 

Section 412—Transfer or elimination of certain components and 

functions of the Defense Intelligence Agency 

Section 412 transfers and eliminates several DIA components 

and functions, while requiring reports as to other DIA components 

and functions. 

Section 413—Technical amendments related to the Department of 

Energy 

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

Counterintelligence. 

TITLE V—MATTERS RELATING TO FOREIGN COUNTRIES 

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

Section 501 requires the DNI to provide a report assessing past 

and ongoing Russian influence campaigns against foreign elections 

and referenda, to include a summary of the means by which such 

influence campaigns have been or are likely to be conducted, a 

summary of defenses against or responses to such Russian influence campaigns, a summary of IC activities to assist foreign governments against such campaigns, and an assessment of the effectiveness of such foreign defenses and responses. 

Section 502—Foreign counterintelligence and cybersecurity threats 

to federal election campaigns 

Section 502 requires the Director of National Intelligence, in coordination with the Under Secretary of Homeland Security for Intelligence and Analysis (I&A) and the Director of the Federal Bureau of Investigation, to publish regular public advisory reports on 

foreign counterintelligence and cybersecurity threats to federal 

election campaigns before those elections take place. Additional inVerDate Sep 11 2014 06:59 Jul 26, 2017 Jkt 069006 PO 00000 Frm 00030 Fmt 6659 Sfmt 6602 E:\HR\OC\HR251.XXX HR251
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formation may be provided to the appropriate representatives of 

campaigns if the FBI Director and the DHS Under Secretary for 

I&A jointly determine that an election campaign for federal office 

is subject to a heightened foreign counterintelligence or cybersecurity threat. 

Section 503—Assessment of threat finance relating to the Russian 

federation 

Section 503 requires the IC to conduct an assessment of Russia’s 

threat finance activities globally, to include an assessment of 

trends or patterns in such threat finance activity, a summary of engagement with international partners on Russian threat finance, 

and an identification of any resource and collection gaps. 

TITLE VI—REPORTS AND OTHER MATTERS 

Section 601—Period of overseas assignments for certain foreign 

service officers 

Section 601 optimizes various aspects of the assignment system 

for foreign service officers within the Department of State. 

Section 602—Semi-annual reports on investigations of unauthorized 

public disclosures of classified information 

Section 602 directs IC elements to submit a semi-annual report 

on the number of investigations opened and completed by each 

agency regarding an unauthorized public disclosure of classified information to the media, and the number of completed investigations referred to the Attorney General. 

Section 603—Intelligence community reports on security clearances 

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

Section 604—Report on expansion of security protective services jurisdiction 

Section 604 directs CIA to submit a report on the feasibility, justification, cost, and benefits of expanding CIA’s protective services 

jurisdiction beyond the current limit of 500 feet from CIA’s Headquarters Compound. 

Section 605—Report on the role of Director of National Intelligence 

with respect to certain foreign investments 

Section 605 directs the DNI to submit a report on ODNI’s role 

in preparing analytic materials in connection with the U.S. Government’s evaluation of national security risks associated with potential foreign investments. 

Section 606—Report on cyber exchange program 

Section 606 directs the DNI to submit a report on the potential 

establishment of a voluntary cyber exchange program between the 

IC and private technology companies. 

32 

Section 607—Report on Intelligence Community participation in 

vulnerabilities equities process 

Section 607 directs the Inspector General of the IC to conduct a 

review of the process by which the IC and executive branch agencies determine whether, when, how, and to whom information 

about a vulnerability that is not publicly known will be shared with 

a non-federal entity or the public. 

Section 608—Review of Intelligence Community Whistleblower Matters 

Section 608 directs the IC IG, in consultations with the IGs of 

other IC agencies, to conduct a review of practices and procedures 

relating to IC whistleblower matters. 

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

Section 609 expresses the sense of Congress that, pursuant to the 

requirement for the IC to keep the congressional intelligence committees ‘‘fully and currently informed’’ in Section 502 of the National Security Act, IC agencies must submit prompt written notification after becoming aware that an individual in the executive 

branch has disclosed certain classified information outside established intelligence channels to adversary foreign governments— 

North Korea, Iran, China, Russia, or Cuba. 

OVERSIGHT FINDINGS AND RECOMMENDATIONS

With respect to clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee held multiple hearings on 

the classified budgetary issues raised by H.R. 3180. The bill, as reported by the Committee, reflects conclusions reached by the Committee in light of this oversight activity. 

GENERAL PERFORMANCE GOALS AND OBJECTIVES

The goals and objectives of H.R. 3180 are to authorize the intelligence and intelligence-related activities of the United States Government for Fiscal Year 2018. These activities enhance the national security of the United States, support and assist the armed 

forces of the United States, and support the President in the execution of the foreign policy of the United States. 

The classified annex that accompanies this report reflects in 

great detail the Committee’s specific performance goals and objectives at the programmatic level with respect to classified programs. 

UNFUNDED MANDATE STATEMENT

Section 423 of the Congressional Budget and Impoundment Control Act (as amended by Section 101(a)(2) of the Unfunded Mandates Reform Act, P.L. 104–4) requires a statement of whether the 

provisions of the reported bill include unfunded mandates. In compliance with this requirement, the Committee has received a letter 

from the Congressional Budget Office included herein. 

33 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, July 18, 2017. 

Hon. DEVIN NUNES, 

Chairman, Permanent Select Committee on Intelligence, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3180, the Intelligence Authorization Act for Fiscal Year 2018. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is William Ma. 

Sincerely, 

MARK P. HADLEY, 

(For Keith Hall). 

Enclosure. 

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

Summary: H.R. 3180 would authorize appropriations for fiscal 

year 2018 for intelligence activities of the U.S. government, the Intelligence Community Management Account (ICMA), and the Central Intelligence Agency Retirement and Disability System 

(CIARDS). The bill also would modify other programs across the intelligence community. 

CBO does not provide estimates for classified programs; therefore, this estimate addresses only the unclassified aspects of the 

bill. On that limited basis, CBO estimates that implementing the 

unclassified provisions of the bill would cost $520 million over the 

2018–2022 period, subject to appropriation of the specified 

amounts. 

In addition, enacting the bill also would affect direct spending by 

making changes to CIARDS that would enhance the benefits offered to certain annuitants; therefore, pay-as-you procedures apply. 

However, CBO estimates that those effects would be less than 

$500,000 over the 2018–2027 period. 

CBO estimates that enacting H.R. 3180 would not significantly 

increase net direct spending or on-budget deficits in any of the four 

consecutive 10-year periods beginning in 2028. 

H.R. 3180 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would not affect the budgets of state, local, or tribal governments. 

Estimated cost to the federal government: The estimated budgetary effect of H.R. 3180 is shown in the following table. The costs 

of this legislation fall within budget function 050 (national defense). 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2017– 

2022 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Intelligence Community Management Account: 

Authorization Level ............................................. 0 527 0 0 0 0 527 

Estimated Outlays .............................................. 0 343 148 18 8 3 520 

Note: In addition to the budgetary effects shown above, enacting H.R. 3180 would increase direct spending by less than $500,000 over the 

2018–2027 period. 

34 

Basis of estimate: For this estimate, CBO assumes that H.R. 

3180 will be enacted by the end of 2017, that the specified amounts 

will be appropriated, and that outlays will follow historical spending patterns for existing or similar programs. 

Spending subject to appropriation 

H.R. 3180 would authorize appropriations for the ICMA for fiscal 

year 2018 and would make other changes. 

Intelligence Community Management Account. Section 104 would authorize the appropriation of $527 million for fiscal year 

2018 for the ICMA. That amount is about 2 percent higher than 

the $516 million appropriated for that account for fiscal year 2017. 

The ICMA is the principal source of funding for the Office of the 

Director of National Intelligence and for managing the intelligence 

agencies. CBO estimates that implementing section 104 would cost 

$520 million over the 2018–2022 period. 

Defense Intelligence Agency Responsibilities. Section 412 would 

require certain functions currently performed by the Defense Intelligence Agency (DIA) to be transferred to the Director of National 

Intelligence or other elements within the Department of Defense. 

The bill also would eliminate other responsibilities of the DIA. On 

the basis of information about the number of personnel currently 

performing the activities that would be affected by this section, 

CBO estimates that once those activities are transferred, only a 

small number of them would need to move from their current work 

location to another location within the National Capital Region. 

Any costs incurred from those moves, however, would be offset by 

the savings from the day-to-day operating budgets of the eliminated functions. On net, CBO estimates that implementing this 

section would have a negligible effect on spending subject to appropriation over the 2018–2022 period. 

Direct spending 

H.R. 3180 would make changes to CIARDS that would enhance 

the benefits offered to certain annuitants and authorize appropriations for 2018. 

CIARDS Benefits Adjustments. Section 202 would make a number of changes to CIARDS to align the benefits offered to employees, retirees, or survivors under CIARDS with the benefits currently offered to employees, retirees, or survivors under the Civil 

Service Retirement System. For example, the bill would alter the 

way retirement benefits are calculated for employees who worked 

for the CIA before April, 7, 1986, and, at some point during their 

career, worked on a part-time basis. The bill also would allow married employees retiring under CIARDS after enactment to provide 

a survivor annuity to someone with an insurable interest. (An insurable interest exists when an individual derives financial benefit 

from the retiring employee continuing to be alive.) On the basis of 

information from the CIA, CBO estimates that only a small number of individuals would benefit from the changes in section 202 

and that the net increase in direct spending from enacting the section would be less than $500,000 over the 2018–2027 period. 

CIARDS Fund Payment. Section 201 would authorize the appropriation of $514 million for CIARDS for fiscal year 2018 to maintain the proper funding level for operating that retirement and disVerDate Sep 11 2014 06:59 Jul 26, 2017 Jkt 069006 PO 00000 Frm 00034 Fmt 6659 Sfmt 6602 E:\HR\OC\HR251.XXX HR251
35 

ability system. Appropriations to CIARDS are treated as direct 

spending in the budget and are projected to continue in CBO’s 

baseline. Therefore, CBO does not ascribe any additional cost to enacting this provision. 

Increase in long-term direct spending and deficits: CBO estimates that enacting H.R. 3180 would not significantly increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2028. 

Intergovernmental and private-sector impact: H.R. 3180 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would not affect the budgets of state, local, or tribal 

governments. 

Estimate prepared by: Federal costs: William Ma; Impact on 

state, local, and tribal governments: Jon Sperl; Impact on the private sector: Paige Piper-Bach. 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

STATEMENT ON CONGRESSIONAL EARMARKS

Pursuant to clause 9 of rule XXI of the Rules of the House of 

Representatives, the Committee states that the bill as reported 

contains no congressional earmarks, limited tax benefits, or limited 

tariff benefits. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT 

* * * * * * * 

TITLE II—THE CENTRAL INTELLIGENCE 

AGENCY RETIREMENT AND DISABILITY SYSTEM 

* * * * * * * 

Part C—Computation of Annuities 

SEC. 221. COMPUTATION OF ANNUITIES. 

(a) ANNUITY OF PARTICIPANT.— 

(1) COMPUTATION OF ANNUITY.—The annuity of a participant 

is the product of— 

(A) the participant’s high-3 average pay (as defined in 

paragraph (4)); and 

36 

(B) the number of years, not exceeding 35, of service 

credit (determined in accordance with sections 251 and 

252) multiplied by 2 percent. 

(2) CREDIT FOR UNUSED SICK LEAVE.—The total service of a 

participant who retires on an immediate annuity (except under 

section 231) or who dies leaving a survivor or survivors entitled to an annuity shall include (without regard to the 35-year 

limitation prescribed in paragraph (1)) the days of unused sick 

leave to the credit of the participant. Days of unused sick leave 

may not be counted in determining average basic pay or eligibility for an annuity under this title. A deposit shall not be required for days of unused sick leave credited under this paragraph. 

(3) CREDITING OF PART-TIME SERVICE.— 

(A) IN GENERAL.—In the case of a participant whose 

service includes service on a part-time basis performed 

after April 6, 1986, the participant’s annuity shall be the 

sum of the amounts determined under subparagraphs (B) 

and (C). 

(B) COMPUTATION OF PRE-APRIL 7, 1986, ANNUITY.—The 

portion of an annuity referred to in subparagraph (A) with 

respect to service before April 7, 1986, shall be the amount 

computed under paragraph (1) using the participant’s 

length of service before that date (increased by the unused 

sick leave to the credit of the participant at the time of retirement) and the participant’s high-3 average payø.¿, as 

determined by using the annual rate of basic pay that 

would be payable for full-time service in that position. 

(C) COMPUTATION OF POST-APRIL 6, 1986, ANNUITY.—The 

portion of an annuity referred to in subparagraph (A) with 

respect to service after April 6, 1986, shall be the product 

of— 

(i) the amount computed under paragraph (1), using 

the participant’s length of service after that date and 

the participant’s high-3 average pay, as determined by 

using the annual rate of basic pay that would be payable for full-time service; and 

(ii) the ratio which the participant’s actual service 

after April 6, 1986 (as determined by prorating the 

participant’s total service after that date to reflect the 

service that was performed on a part-time basis) bears 

to the total service after that date that would be creditable for the participant if all the service had been 

performed on a full-time basis. 

(D) TREATMENT OF EMPLOYMENT ON TEMPORARY OR

INTERMITTENT BASIS.—Employment on a temporary or 

intermittent basis shall not be considered to be service on 

a part-time basis for purposes of this paragraph. 

(4) HIGH-3 AVERAGE PAY DEFINED.—For purposes of this subsection, a participant’s high-3 average pay is the amount of the 

participant’s average basic pay for the highest 3 consecutive 

years of the participant’s service for which full contributions 

have been made to the fund. 

37 

(5) COMPUTATION OF SERVICE.—In determining the aggregate 

period of service upon which an annuity is to be based, any 

fractional part of a month shall not be counted. 

(b) SPOUSE OR FORMER SPOUSE SURVIVOR ANNUITY.— 

(1) REDUCTION IN PARTICIPANT’S ANNUITY TO PROVIDE SPOUSE

OR FORMER SPOUSE SURVIVOR ANNUITY.— 

(A) GENERAL RULE.—Except to the extent provided otherwise under a written election under subparagraph (B) or 

(C), if at the time of retirement a participant or former 

participant is married (or has a former spouse who has not 

remarried before attaining age 55), the participant shall 

receive a reduced annuity and provide a survivor annuity 

for the participant’s spouse under this subsection or former 

spouse under section 222(b), or a combination of such annuities, as the case may be. 

(B) JOINT ELECTION FOR WAIVER OR REDUCTION OF

SPOUSE SURVIVOR ANNUITY.—A married participant or 

former participant and the participant’s spouse may jointly 

elect in writing at the time of retirement to waive a survivor annuity for that spouse under this section or to reduce such survivor annuity under this section by designating a portion of the annuity of the participant as the 

base for the survivor annuity. If the marriage is dissolved 

following an election for such a reduced annuity and the 

spouse qualifies as a former spouse, the base used in calculating any annuity of the former spouse under section 

222(b) may not exceed the portion of the participant’s annuity designated under this subparagraph. 

(C) JOINT ELECTION OF PARTICIPANT AND FORMER

SPOUSE.—If a participant or former participant has a 

former spouse, such participant and the participant’s 

former spouse may jointly elect by spousal agreement 

under section 264(b) to waive, reduce, or increase a survivor annuity under section 222(b) for that former spouse. 

Any such election must be made (i) before the end of the 

ø12-month¿ 2-year period beginning on the date on which 

the divorce or annulment involving that former spouse becomes final, or (ii) at the time of retirement of the participant, whichever is later. 

(D) UNILATERAL ELECTIONS IN ABSENCE OF SPOUSE OR

FORMER SPOUSE.—The Director may prescribe regulations 

under which a participant or former participant may make 

an election under subparagraph (B) or (C) without the participant’s spouse or former spouse if the participant establishes to the satisfaction of the Director that the participant does not know, and has taken all reasonable steps to 

determine, the whereabouts of the spouse or former 

spouse. 

(2) AMOUNT OF REDUCTION IN PARTICIPANT’S ANNUITY.—The 

annuity of a participant or former participant providing a survivor annuity under this section (or section 222(b)), excluding 

any portion of the annuity not designated or committed as a 

base for any survivor annuity, shall be reduced by 21⁄2 percent 

of the first $3,600 plus 10 percent of any amount over $3,600. 

38 

The reduction under this paragraph shall be calculated before 

any reduction under section 222(a)(5). 

(3) AMOUNT OF SURVIVING SPOUSE ANNUITY.— 

(A) IN GENERAL.—If a retired participant receiving a reduced annuity under this subsection dies and is survived 

by a spouse, a survivor annuity shall be paid to the surviving spouse. The amount of the annuity shall be equal 

to 55 percent of (i) the full amount of the participant’s annuity computed under subsection (a), or (ii) any lesser 

amount elected as the base for the survivor annuity under 

paragraph (1)(B). 

(B) LIMITATION.—Notwithstanding subparagraph (A), 

the amount of the annuity calculated under subparagraph 

(A) for a surviving spouse in any case in which there is 

also a surviving former spouse of the retired participant 

who qualifies for an annuity under section 222(b) may not 

exceed 55 percent of the portion (if any) of the base for survivor annuities which remains available under section 

222(b)(4)(B). 

(C) EFFECTIVE DATE AND TERMINATION OF ANNUITY.—An 

annuity payable from the fund to a surviving spouse under 

this paragraph shall commence on the day after the retired 

participant dies and shall terminate on the last day of the 

month before the surviving spouse’s death or remarriage 

before attaining age 55. If such survivor annuity is terminated because of remarriage, it shall be restored at the 

same rate commencing on the date such remarriage is dissolved by death, annulment, or divorce if any lump sum 

paid upon termination of the annuity is returned to the 

fund. 

(c) 18–MONTH OPEN PERIOD AFTER RETIREMENT TO PROVIDE

SPOUSE COVERAGE.— 

(1) SURVIVOR ANNUITY ELECTIONS.— 

(A) ELECTION WHEN SPOUSE COVERAGE WAIVED AT TIME

OF RETIREMENT.—A participant or former participant who 

retires after March 31, 1992 and who— 

(i) is married at the time of retirement; and 

(ii) elects at that time (in accordance with subsection 

(b)) to waive a survivor annuity for the spouse, 

may, during the 18-month period beginning on the date of 

the retirement of the participant, elect to have a reduction 

under subsection (b) made in the annuity of the participant (or in such portion thereof as the participant may 

designate) in order to provide a survivor annuity for the 

participant’s spouse. 

(B) ELECTION WHEN REDUCED SPOUSE ANNUITY ELECTED.—A participant or former participant who retires after 

March 31, 1992, and— 

(i) who, at the time of retirement, is married, and 

(ii) who, at that time designates (in accordance with 

subsection (b)) that a portion of the annuity of such 

participant is to be used as the base for a survivor annuity, 

39 

may, during the 18-month period beginning on the date of 

the retirement of such participant, elect to have a greater 

portion of the annuity of such participant so used. 

(2) DEPOSIT REQUIRED.— (A) REQUIREMENT.—An election under paragraph (1) 

shall not be effective unless the amount specified in subparagraph (B) is deposited into the fund before the end of 

that 18-month period. 

(B) AMOUNT OF DEPOSIT.—The amount to be deposited 

with respect to an election under this subsection is the 

amount equal to the sum of the following: 

(i) ADDITIONAL COST TO SYSTEM.—The additional 

cost to the system that is associated with providing a 

survivor annuity under subsection (b) and that results 

from such election, taking into account— 

(I) the difference (for the period between the 

date on which the annuity of the participant or 

former participant commences and the date of the 

election) between the amount paid to such participant or former participant under this title and the 

amount which would have been paid if such election had been made at the time the participant or 

former participant applied for the annuity; and 

(II) the costs associated with providing for the 

later election. 

(ii) INTEREST.—Interest on the additional cost determined under clause (i), computed using the interest 

rate specified or determined under section 8334(e) of 

title 5, United States Code, for the calendar year in 

which the amount to be deposited is determined. 

(3) VOIDING OF PREVIOUS ELECTIONS.—An election by a participant or former participant under this subsection voids prospectively any election previously made in the case of such participant under subsection (b). 

(4) REDUCTIONS IN ANNUITY.—An annuity that is reduced in 

connection with an election under this subsection shall be reduced by the same percentage reductions as were in effect at 

the time of the retirement of the participant or former participant whose annuity is so reduced. 

(5) RIGHTS AND OBLIGATIONS RESULTING FROM REDUCED ANNUITY ELECTION.—Rights and obligations resulting from the 

election of a reduced annuity under this subsection shall be the 

same as the rights and obligations that would have resulted 

had the participant involved elected such annuity at the time 

of retirement. 

(d) ANNUITIES FOR SURVIVING CHILDREN.— 

(1) PARTICIPANTS DYING BEFORE APRIL 1, 1992.—In the case of 

a retired participant who died before April 1, 1992, and who 

is survived by a child or children— 

(A) if the retired participant was survived by a spouse, 

there shall be paid from the fund to or on behalf of each 

such surviving child an annuity determined under paragraph (3)(A); and 

(B) if the retired participant was not survived by a 

spouse, there shall be paid from the fund to or on behalf 

40 

of each such surviving child an annuity determined under 

paragraph (3)(B). 

(2) PARTICIPANTS DYING ON OR AFTER APRIL 1, 1992.—In the 

case of a retired participant who dies on or after April 1, 1992, 

and who is survived by a child or children— 

(A) if the retired participant is survived by a spouse or 

former spouse who is the natural or adoptive parent of a 

surviving child of the participant, there shall be paid from 

the fund to or on behalf of each such surviving child an annuity determined under paragraph (3)(A); and 

(B) if the retired participant is not survived by a spouse 

or former spouse who is the natural or adoptive parent of 

a surviving child of the participant, there shall be paid to 

or on behalf of each such surviving child an annuity determined under paragraph (3)(B). 

(3) AMOUNT OF ANNUITY.— 

(A) The annual amount of an annuity for the surviving 

child of a participant covered by paragraph (1)(A) or (2)(A) 

of this subsection (or covered by paragraph (1)(A) or (2)(A) 

of section 232(c)) is the smallest of the following: 

(i) 60 percent of the participant’s high-3 average 

pay, as determined under subsection (a)(4), divided by 

the number of children. 

(ii) $900, as adjusted under section 291. 

(iii) $2,700, as adjusted under section 291, divided 

by the number of children. 

(B) The amount of an annuity for the surviving child of 

a participant covered by paragraph (1)(B) or (2)(B) of this 

subsection (or covered by paragraph (1)(B) or (2)(B) of section 232(c)) is the smallest of the following: 

(i) 75 percent of the participant’s high-3 average 

pay, as determined under subsection (a)(4), divided by 

the number of children. 

(ii) $1,080, as adjusted under section 291. 

(iii) $3,240, as adjusted under section 291, divided 

by the number of children. 

(4) RECOMPUTATION OF CHILD ANNUITIES.— 

(A) In the case of a child annuity payable under paragraph (1), upon the death of a surviving spouse or the termination of the annuity of a child, the annuities of any remaining children shall be recomputed and paid as though 

the spouse or child had not survived the retired participant. 

(B) In the case of a child annuity payable under paragraph (2), upon the death of a surviving spouse or former 

spouse or termination of the annuity of a child, the annuities of any remaining children shall be recomputed and 

paid as though the spouse, former spouse, or child had not 

survived the retired participant. If the annuity of a surviving child who has not been receiving an annuity is initiated or resumed, the annuities of any other children shall 

be recomputed and paid from that date as though the annuities of all currently eligible children were then being 

initiated. 

41 

(5) DEFINITION OF FORMER SPOUSE.—For purposes of this 

subsection, the term ‘‘former spouse’’ includes any former wife 

or husband of the retired participant, regardless of the length 

of marriage or the amount of creditable service completed by 

the participant. 

(e) COMMENCEMENT AND TERMINATION OF CHILD ANNUITIES.— (1) COMMENCEMENT.—An annuity payable to a child under 

subsection (d), or under section 232(c), shall begin on the day 

after the date on which the participant or retired participant 

dies or, in the case of an individual over the age of 18 who is 

not a child within the meaning of section 102(b), shall begin or 

resume on the first day of the month in which the individual 

later becomes or again becomes a student as described in section 102(b). Such annuity may not commence until any lumpsum that has been paid is returned to the fund. 

(2) TERMINATION.—Such an annuity shall terminate on the 

last day of the month before the month in which the recipient 

of the annuity dies or no longer qualifies as a child (as defined 

in section 102(b)). 

(f) PARTICIPANTS NOT MARRIED AT TIME OF RETIREMENT.— 

(1) DESIGNATION OF PERSONS WITH INSURABLE INTEREST.— (A) AUTHORITY TO MAKE DESIGNATION.—Subject to the 

rights of former spouses under sections 221(b) and 222, at 

the time of retirement an unmarried participant found by 

the Director to be in good health may elect to receive an 

annuity reduced in accordance with subparagraph (B) and 

designate in writing an individual having an insurable interest in the participant to receive an annuity under the 

system after the participant’s death. The amount of such 

an annuity shall be equal to 55 percent of the participant’s 

reduced annuity. 

(B) REDUCTION IN PARTICIPANT’S ANNUITY.—The annuity 

payable to the participant making such election shall be 

reduced by 10 percent of an annuity computed under subsection (a) and by an additional 5 percent for each full 5 

years the designated individual is younger than the participant. The total reduction under this subparagraph may 

not exceed 40 percent. 

(C) COMMENCEMENT OF SURVIVOR ANNUITY.—The annuity payable to the designated individual shall begin on the 

day after the retired participant dies and terminate on the 

last day of the month before the designated individual 

dies. 

(D) RECOMPUTATION OF PARTICIPANT’S ANNUITY ON

DEATH OF DESIGNATED INDIVIDUAL.—An annuity which is 

reduced under this paragraph shall, effective the first day 

of the month following the death of the designated individual, be recomputed and paid as if the annuity had not 

been so reduced. 

(2) ELECTION OF SURVIVOR ANNUITY UPON SUBSEQUENT MAR- RIAGE.—A participant who is unmarried at the time of retirement and who later marries may irrevocably elect, in a signed 

writing received by the Director within øone year¿ two years 

after the marriage, to receive a reduced annuity as provided in 

section 221(b). Such election and reduction shall be effective on 

42 

the first day of the month beginning 9 months after the date 

of marriage. The election voids prospectively any election previously made under paragraph (1). 

(g) EFFECT OF DIVORCE AFTER RETIREMENT.— 

(1) RECOMPUTATION OF RETIRED PARTICIPANT’S ANNUITY UPON

DIVORCE.—An annuity which is reduced under this section (or 

any similar prior provision of law) to provide a survivor annuity for a spouse shall, if the marriage of the retired participant 

to such spouse is dissolved, be recomputed and paid for each 

full month during which a retired participant is not married 

(or is remarried, if there is no election in effect under paragraph (2)) as if the annuity had not been so reduced, subject 

to any reduction required to provide a survivor annuity under 

subsection (b) or (c) of section 222 or under section 226. 

(2) ELECTION OF SURVIVOR ANNUITY UPON SUBSEQUENT REMARRIAGE.— 

(A) IN GENERAL.—Upon remarriage, the retired participant may irrevocably elect, by means of a signed writing 

received by the Director within øone year¿ two years after 

such remarriage, to receive a reduced annuity for the purpose of providing an annuity for the new spouse of the retired participant in the event such spouse survives the retired participant. Such reduction shall be equal to the reduction in effect immediately before the dissolution of the 

previous marriage (unless such reduction is adjusted under 

section 222(b)(5) or elected under subparagraph (B)). 

(B) WHEN ANNUITY PREVIOUSLY NOT (OR NOT FULLY) REDUCED.— 

(i) ELECTION.—If the retired participant’s annuity 

was not reduced (or was not fully reduced) to provide 

a survivor annuity for the participant’s spouse or 

former spouse as of the time of retirement, the retired 

participant may make an election under the first sentence of subparagraph (A) upon remarriage to a 

spouse other than the spouse at the time of retirement. For any remarriage that occurred before August 

14, 1991, the retired participant may make such an 

election within 2 years after such date. 

(ii) DEPOSIT REQUIRED.— 

(I) The retired participant shall, within øone 

year¿ two years after the date of the remarriage 

(or by August 14, 1993 for any remarriage that occurred before August 14, 1991), deposit in the 

fund an amount determined by the Director, as 

nearly as may be administratively feasible, to reflect the amount by which the retired participant’s 

annuity would have been reduced if the election 

had been in effect since the date the annuity commenced, plus interest. 

(II) The annual rate of interest for each year 

during which the retired participant’s annuity 

would have been reduced if the election had been 

in effect since the date the annuity commenced 

shall be 6 percent. 

43 

(III) If the retired participant does not make the 

deposit, the Director shall collect such amount by 

offset against the participant’s annuity, up to a 

maximum of 25 percent of the net annuity otherwise payable to the retired participant, and the 

retired participant is deemed to consent to such 

offset. 

(IV) The deposit required by this subparagraph 

may be made by the surviving spouse of the retired participant. 

(C) EFFECTS OF ELECTION.—An election under this paragraph and the reduction in the participant’s annuity shall 

be effective on the first day of the month beginning 9 

months after the date of remarriage. A survivor annuity 

elected under this paragraph shall be treated in all respects as a survivor annuity under subsection (b). 

(h) CONDITIONAL ELECTION OF INSURABLE INTEREST SURVIVOR

ANNUITY BY PARTICIPANTS MARRIED AT THE TIME OF RETIREMENT.— 

(1) AUTHORITY TO MAKE DESIGNATION.—Subject to the rights 

of former spouses under subsection (b) and section 222, at the 

time of retirement a married participant found by the Director 

to be in good health may elect to receive an annuity reduced in 

accordance with subsection (f)(1)(B) and designate in writing 

an individual having an insurable interest in the participant to 

receive an annuity under the system after the participant’s 

death, except that any such election to provide an insurable interest survivor annuity to the participant’s spouse shall only be 

effective if the participant’s spouse waives the spousal right to 

a survivor annuity under this Act. The amount of the annuity 

shall be equal to 55 percent of the participant’s reduced annuity. 

(2) REDUCTION IN PARTICIPANT’S ANNUITY.—The annuity payable to the participant making such election shall be reduced by 

10 percent of an annuity computed under subsection (a) and by 

an additional 5 percent for each full 5 years the designated individual is younger than the participant. The total reduction 

under this subparagraph may not exceed 40 percent. 

(3) COMMENCEMENT OF SURVIVOR ANNUITY.—The annuity 

payable to the designated individual shall begin on the day 

after the retired participant dies and terminate on the last day 

of the month before the designated individual dies. 

(4) RECOMPUTATION OF PARTICIPANT’S ANNUITY ON DEATH OF

DESIGNATED INDIVIDUAL.—An annuity which is reduced under 

this subsection shall, effective the first day of the month following the death of the designated individual, be recomputed 

and paid as if the annuity had not been so reduced. 

ø(h)¿ (i) COORDINATION OF ANNUITIES.— 

(1) SURVIVING SPOUSE.—A surviving spouse whose survivor 

annuity was terminated because of remarriage before attaining 

age 55 shall not be entitled under subsection (b)(3)(C) to the 

restoration of that survivor annuity payable from the fund unless the surviving spouse elects to receive it instead of any 

other survivor annuity to which the surviving spouse may be 

44 

entitled under the system or any other retirement system for 

Government employees by reason of the remarriage. 

(2) FORMER SPOUSE.—A surviving former spouse of a participant or retired participant shall not become entitled under section 222(b) or 224 to a survivor annuity or to the restoration 

of a survivor annuity payable from the fund unless the surviving former spouse elects to receive it instead of any other 

survivor annuity to which the surviving former spouse may be 

entitled under this or any other retirement system for Government employees on the basis of a marriage to someone other 

than the participant. 

(3) SURVIVING SPOUSE OF POST-RETIREMENT MARRIAGE.—A 

surviving spouse who married a participant after the participant’s retirement shall be entitled to a survivor annuity payable from the fund only upon electing that annuity instead of 

any other survivor annuity to which the surviving spouse may 

be entitled under this or any other retirement system for Government employees on the basis of a marriage to someone 

other than the retired participant. 

ø(i)¿ (j) SUPPLEMENTAL SURVIVOR ANNUITIES.— 

(1) SPOUSE OF RECALLED ANNUITANT.—A married recalled 

annuitant who reverts to retired status with entitlement to a 

supplemental annuity under section 271(b) shall, unless the 

annuitant and the annuitant’s spouse jointly elect in writing to 

the contrary at the time of reversion to retired status, have the 

supplemental annuity reduced by 10 percent to provide a supplemental survivor annuity for the annuitant’s spouse. Such 

supplemental survivor annuity shall be equal to 55 percent of 

the supplemental annuity of the annuitant. 

(2) REGULATIONS.—The Director shall prescribe regulations 

to provide for the application of paragraph (1) of this subsection and of subsection (b) of section 271 in any case in 

which an annuitant has a former spouse who was married to 

the recalled annuitant at any time during the period of recall 

service and who qualifies for an annuity under section 222(b). 

ø(j)¿ (k) OFFSET OF ANNUITIES BY AMOUNT OF SOCIAL SECURITY

BENEFIT.—Notwithstanding any other provision of this title, an annuity (including a disability annuity) payable under this title to an 

individual described in sections 211(d)(1) and 301(c)(1) and any 

survivor annuity payable under this title on the basis of the service 

of such individual shall be reduced in a manner consistent with 

section 8349 of title 5, United States Code, under conditions consistent with the conditions prescribed in that section. 

ø(k)¿ (l) INFORMATION FROM OTHER AGENCIES.— 

(1) OTHER AGENCIES.—For the purpose of ensuring the accuracy of the information used in the determination of eligibility 

for and the computation of annuities payable from the fund 

under this title, at the request of the Director— 

(A) the Secretary of Defense shall provide information on 

retired or retainer pay paid under title 10, United States 

Code; 

(B) the Secretary of Veterans Affairs shall provide information on pensions or compensation paid under title 38, 

United States Code; 

45 

(C) the Secretary of Health and Human Services shall 

provide information contained in the records of the Social 

Security Administration; and 

(D) the Secretary of Labor shall provide information on 

benefits paid under subchapter I of chapter 81 of title 5, 

United States Code. 

(2) LIMITATION ON INFORMATION REQUESTED.—The Director 

shall request only such information as the Director determines 

is necessary. 

(3) LIMITATION ON USES OF INFORMATION.—The Director, in 

consultation with the officials from whom information is requested, shall ensure that information made available under 

this subsection is used only for the purposes authorized. 

ø(l)¿ (m) INFORMATION ON RIGHTS UNDER THE SYSTEM.—The Director shall, on an annual basis— 

(1) inform each retired participant of the participant’s right 

of election under subsections (c), (f)(2), and (g); and 

(2) to the maximum extent practicable, inform spouses and 

former spouses of participants, former participants, and retired 

participants of their rights under this Act. 

SEC. 222. ANNUITIES FOR FORMER SPOUSES. 

(a) FORMER SPOUSE SHARE OF PARTICIPANT’S ANNUITY.— (1) PRO RATA SHARE.—Unless otherwise expressly provided 

by a spousal agreement or court order under section 264(b), a 

former spouse of a participant, former participant, or retired 

participant is entitled to an annuity— 

(A) if married to the participant, former participant, or 

retired participant throughout the creditable service of the 

participant, equal to 50 percent of the annuity of the participant; or 

(B) if not married to the participant throughout such 

creditable service, equal to that proportion of 50 percent of 

such annuity that is the proportion that the number of 

days of the marriage of the former spouse to the participant during periods of creditable service of such participant under this title bears to the total number of days of 

such creditable service. 

(2) DISQUALIFICATION UPON REMARRIAGE BEFORE AGE 55.—A 

former spouse is not qualified for an annuity under this subsection if before the commencement of that annuity the former 

spouse remarries before becoming 55 years of age. 

(3) COMMENCEMENT OF ANNUITY.—The annuity of a former 

spouse under this subsection commences on the day the participant upon whose service the annuity is based becomes entitled 

to an annuity under this title or on the first day of the month 

after the divorce or annulment involved becomes final, whichever is later. 

(4) TERMINATION OF ANNUITY.—The annuity of such former 

spouse and the right thereto terminate on— 

(A) the last day of the month before the month in which 

the former spouse dies or remarries before 55 years of age; 

or 

(B) the date on which the annuity of the participant terminates (except in the case of an annuity subject to paragraph (5)(B)). 

46 

(5) TREATMENT OF PARTICIPANT’S ANNUITY.— 

(A) REDUCTION IN PARTICIPANT’S ANNUITY.—The annuity 

payable to any participant shall be reduced by the amount 

of an annuity under this subsection paid to any former 

spouse based upon the service of that participant. Such reduction shall be disregarded in calculating— 

(i) the survivor annuity for any spouse, former 

spouse, or other survivor under this title; and 

(ii) any reduction in the annuity of the participant 

to provide survivor benefits under subsection (b) or 

under section 221(b). 

(B) TREATMENT WHEN ANNUITANT RETURNS TO SERVICE.—If an annuitant whose annuity is reduced under subparagraph (A) is recalled to service under section 271, or 

reinstated or reappointed, in the case of a recovered disability annuitant, or if any annuitant is reemployed as provided for under sections 272 and 273, the pay of that annuitant shall be reduced by the same amount as the annuity would have been reduced if it had continued. Amounts 

equal to the reductions under this subparagraph shall be 

deposited in the Treasury of the United States to the credit of the fund. 

(6) DISABILITY ANNUITANT.—Notwithstanding paragraph (3), 

in the case of a former spouse of a disability annuitant— 

(A) the annuity of that former spouse shall commence on 

the date on which the participant would qualify on the 

basis of the participant’s creditable service for an annuity 

under this title (other than a disability annuity) or the 

date on which the disability annuity begins, whichever is 

later, and 

(B) the amount of the annuity of the former spouse shall 

be calculated on the basis of the annuity for which the participant would otherwise so qualify. 

(7) ELECTION OF BENEFITS.—A former spouse of a participant, former participant, or retired participant shall not become entitled under this subsection to an annuity payable from 

the fund unless the former spouse elects to receive it instead 

of any survivor annuity to which the former spouse may be entitled under this or any other retirement system for Government employees on the basis of a marriage to someone other 

than the participant. 

(8) LIMITATION IN CASE OF MULTIPLE FORMER SPOUSE ANNUITIES.—No spousal agreement or court order under section 

264(b) involving a participant may provide for an annuity or a 

combination of annuities under this subsection that exceeds 

the annuity of the participant. 

(b) FORMER SPOUSE SURVIVOR ANNUITY.— 

(1) PRO RATA SHARE.—Subject to any election under section 

221(b)(1)(B) and (C) and unless otherwise expressly provided 

by a spousal agreement or court order under section 264(b), if 

an annuitant is survived by a former spouse, the former spouse 

shall be entitled— 

(A) if married to the annuitant throughout the creditable 

service of the annuitant, to a survivor annuity equal to 55 

47 

percent of the unreduced amount of the annuitant’s annuity, as computed under section 221(a); and 

(B) if not married to the annuitant throughout such 

creditable service, to a survivor annuity equal to that proportion of 55 percent of the unreduced amount of such annuity that is the proportion that the number of days of the 

marriage of the former spouse to the participant during 

periods of creditable service of such participant under this 

title bears to the total number of days of such creditable 

service. 

(2) DISQUALIFICATION UPON REMARRIAGE BEFORE AGE 55.—A 

former spouse shall not be qualified for an annuity under this 

subsection if before the commencement of that annuity the 

former spouse remarries before becoming 55 years of age. 

(3) COMMENCEMENT, TERMINATION, AND RESTORATION OF ANNUITY.—An annuity payable from the fund under this title to 

a surviving former spouse under this subsection shall commence on the day after the annuitant dies and shall terminate 

on the last day of the month before the former spouse’s death 

or remarriage before attaining age 55. If such a survivor annuity is terminated because of remarriage, it shall be restored at 

the same rate commencing on the date such remarriage is dissolved by death, annulment, or divorce if any lump sum paid 

upon termination of the annuity is returned to the fund. 

(4) SURVIVOR ANNUITY AMOUNT.— (A) MAXIMUM AMOUNT.—The maximum survivor annuity 

or combination of survivor annuities under this subsection 

(and section 221(b)(3)) with respect to any participant may 

not exceed 55 percent of the full amount of the participant’s annuity, as calculated under section 221(a). 

(B) LIMITATION ON OTHER SURVIVOR ANNUITIES BASED ON

SERVICE OF SAME PARTICIPANT.—Once a survivor annuity 

has been provided under this subsection for any former 

spouse, a survivor annuity for another individual may 

thereafter be provided under this subsection (or section 

221(b)(3)) with respect to the participant only for that portion (if any) of the maximum available which is not committed for survivor benefits for any former spouse whose 

prospective right to such annuity has not terminated by 

reason of death or remarriage. 

(C) FINALITY OF COURT ORDER UPON DEATH OF PARTICIPANT.—After the death of a participant or retired participant, a court order under section 264(b) may not adjust 

the amount of the annuity of a former spouse of that participant or retired participant under this section. 

(5) EFFECT OF TERMINATION OF FORMER SPOUSE ENTITLEMENT.— 

(A) RECOMPUTATION OF PARTICIPANT’S ANNUITY.—If a 

former spouse of a retired participant dies or remarries before attaining age 55, the annuity of the retired participant, if reduced to provide a survivor annuity for that 

former spouse, shall be recomputed and paid, effective on 

the first day of the month beginning after such death or 

remarriage, as if the annuity had not been so reduced, unless an election is in effect under subparagraph (B). 

48 

(B) ELECTION OF SPOUSE ANNUITY.—Subject to paragraph (4)(B), the participant may elect in writing within 

øone year¿ two years after receipt of notice of the death or 

remarriage of the former spouse to continue the reduction 

in order to provide a higher survivor annuity under section 

221(b)(3) for any spouse of the participant. 

(c) OPTIONAL ADDITIONAL SURVIVOR ANNUITIES FOR OTHER

FORMER SPOUSE OR SURVIVING SPOUSE.— (1) IN GENERAL.—In the case of any participant providing a 

survivor annuity under subsection (b) for a former spouse— 

(A) such participant may elect, or 

(B) a spousal agreement or court order under section 

264(b) may provide for, 

an additional survivor annuity under this subsection for any 

other former spouse or spouse surviving the participant, if the 

participant satisfactorily passes a physical examination as prescribed by the Director. 

(2) LIMITATION.—Neither the total amount of survivor annuity or annuities under this subsection with respect to any participant, nor the survivor annuity or annuities for any one surviving spouse or former spouse of such participant under this 

section or section 221, may exceed 55 percent of the unreduced 

amount of the participant’s annuity, as computed under section 

221(a). 

(3) CONTRIBUTION FOR ADDITIONAL ANNUITIES.— (A) PROVISION OF ADDITIONAL SURVIVOR ANNUITY.—In accordance with regulations which the Director shall prescribe, the participant involved may provide for any annuity under this subsection— 

(i) by a reduction in the annuity or an allotment 

from the basic pay of the participant; 

(ii) by a lump-sum payment or installment payments to the fund; or 

(iii) by any combination thereof. 

(B) ACTUARIAL EQUIVALENCE TO BENEFIT.—The present 

value of the total amount to accrue to the fund under subparagraph (A) to provide any annuity under this subsection shall be actuarially equivalent in value to such annuity, as calculated upon such tables of mortality as may 

from time to time be prescribed for this purpose by the Director. 

(C) EFFECT OF FORMER SPOUSE’S DEATH OR DISQUALIFICATION.—If a former spouse predeceases the participant or 

remarries before attaining age 55 (or, in the case of a 

spouse, the spouse predeceases the participant or does not 

qualify as a former spouse upon dissolution of the marriage)— 

(i) if an annuity reduction or pay allotment under 

subparagraph (A) is in effect for that spouse or former 

spouse, the annuity shall be recomputed and paid as 

if it had not been reduced or the pay allotment terminated, as the case may be; and 

(ii) any amount accruing to the fund under subparagraph (A) shall be refunded, but only to the extent 

that such amount may have exceeded the actuarial 

49 

cost of providing benefits under this subsection for the 

period such benefits were provided, as determined 

under regulations prescribed by the Director. 

(D) RECOMPUTATION UPON DEATH OR REMARRIAGE OF

FORMER SPOUSE.—Under regulations prescribed by the Director, an annuity shall be recomputed (or a pay allotment 

terminated or adjusted), and a refund provided (if appropriate), in a manner comparable to that provided under 

subparagraph (C), in order to reflect a termination or reduction of future benefits under this subsection for a 

spouse in the event a former spouse of the participant dies 

or remarries before attaining age 55 and an increased annuity is provided for that spouse in accordance with this 

section. 

(4) COMMENCEMENT AND TERMINATION OF ADDITIONAL SURVIVOR ANNUITY.—An annuity payable under this subsection to 

a spouse or former spouse shall commence on the day after the 

participant dies and shall terminate on the last day of the 

month before the spouse’s or the former spouse’s death or remarriage before attaining age 55. 

(5) NONAPPLICABILITY OF COLA PROVISION.—Section 291 does 

not apply to an annuity under this subsection, unless authorized under regulations prescribed by the Director. 

* * * * * * * 

Part D—Benefits Accruing to Certain 

Participants 

* * * * * * * 

SEC. 232. DEATH IN SERVICE. 

(a) RETURN OF CONTRIBUTIONS WHEN NO ANNUITY PAYABLE.—If 

a participant dies and no claim for an annuity is payable under 

this title, the participant’s lump-sum credit and any voluntary contributions made under section 281, with interest, shall be paid in 

the order of precedence shown in section 241(c). 

(b) SURVIVOR ANNUITY FOR SURVIVING SPOUSE OR FORMER

SPOUSE.— 

(1) IN GENERAL.—If a participant dies before separation or 

retirement from the Agency and is survived by a spouse or by 

a former spouse qualifying for a survivor annuity under section 

222(b), such surviving spouse shall be entitled to an annuity 

equal to 55 percent of the annuity computed in accordance 

with paragraphs (2) and (3) of this subsection and section 

221(a), and any such surviving former spouse shall be entitled 

to an annuity computed in accordance with section 222(b) and 

paragraph (2) of this subsection as if the participant died after 

being entitled to an annuity under this title. The annuity of 

such surviving spouse or former spouse shall commence on the 

day after the participant dies and shall terminate on the last 

day of the month before the death or remarriage before attaining age 55 of the surviving spouse or former spouse (subject to 

the payment and restoration provisions of sections 221(b)(3)(C), 

ø221(h),¿ 221(i), and 222(b)(3)). 

50 

(2) COMPUTATION.—The annuity payable under paragraph 

(1) shall be computed in accordance with section 221(a), except 

that the computation of the annuity of the participant under 

such section shall be at least the smaller of (A) 40 percent of 

the participant’s high-3 average pay, or (B) the sum obtained 

under such section after increasing the participant’s length of 

service by the difference between the participant’s age at the 

time of death and age 60. 

(3) LIMITATION.—Notwithstanding paragraph (1), if the participant had a former spouse qualifying for an annuity under 

section 222(b), the annuity of a surviving spouse under this 

section shall be subject to the limitation of section 221(b)(3)(B), 

and the annuity of a former spouse under this section shall be 

subject to the limitation of section 222(b)(4)(B). 

(4) PRECEDENCE OF SECTION 224 SURVIVOR ANNUITY OVER

DEATH-IN-SERVICE ANNUITY.—If a former spouse who is eligible 

for a death-in-service annuity under this section is or becomes 

eligible for an annuity under section 224, the annuity provided 

under this section shall not be payable and shall be superseded 

by the annuity under section 224. 

(c) ANNUITIES FOR SURVIVING CHILDREN.— 

(1) PARTICIPANTS DYING BEFORE APRIL 1, 1992.—In the case of 

a participant who before April 1, 1992, died before separation 

or retirement from the Agency and who was survived by a 

child or children— 

(A) if the participant was survived by a spouse, there 

shall be paid from the fund to or on behalf of each such 

surviving child an annuity determined under section 

221(d)(3)(A); and 

(B) if the participant was not survived by a spouse, there 

shall be paid from the fund to or on behalf of each such 

surviving child an annuity determined under section 

221(d)(3)(B). 

(2) PARTICIPANTS DYING ON OR AFTER APRIL 1, 1992.—In the 

case of a participant who on or after April 1, 1992, dies before 

separation or retirement from the Agency and who is survived 

by a child or children— 

(A) if the participant is survived by a spouse or former 

spouse who is the natural or adoptive parent of a surviving 

child of the participant, there shall be paid from the fund 

to or on behalf of each such surviving child an annuity determined under section 221(d)(3)(A); and 

(B) if the participant is not survived by a spouse or 

former spouse who is the natural or adoptive parent of a 

surviving child of the participant, there shall be paid to or 

on behalf of each such surviving child an annuity determined under section 221(d)(3)(B). 

(3) FORMER SPOUSE DEFINED.—For purposes of this subsection, the term ‘‘former spouse’’ includes any former wife or 

husband of a participant, regardless of the length of marriage 

or the amount of creditable service completed by the participant. 

* * * * * * * 

51 

Part F—Period of Service for Annuities 

* * * * * * * 

SEC. 252. PRIOR SERVICE CREDIT. 

(a) IN GENERAL.—A participant may, subject to the provisions of 

this section, include in the participant’s period of service— 

(1) civilian service in the Government before becoming a participant that would be creditable toward retirement under subchapter III of chapter 83 of title 5, United States Code (as determined under section 8332(b) of such title); and 

(2) honorable active service in the Armed Forces before the 

date of the separation upon which eligibility for an annuity is 

based, or honorable active service in the Regular or Reserve 

Corps of the Public Health Service after June 30, 1960, or as 

a commissioned officer of the National Oceanic and Atmospheric Administration after June 30, 1961. 

(b) LIMITATIONS.— 

(1) IN GENERAL.—Except as provided in paragraphs (2) and 

(3), the total service of any participant shall exclude— 

(A) any period of civilian service on or after October 1, 

1982, for which retirement deductions or deposits have not 

been made, 

(B) any period of service for which a refund of contributions has been made, or 

(C) any period of service for which contributions were 

not transferred pursuant to subsection (c)(1); 

unless the participant makes a deposit to the fund in an 

amount equal to the percentages of basic pay received for such 

service as specified in the table contained in section 8334(c) of 

title 5, United States Code, together with interest computed in 

accordance with section 8334(e) of such title. The deposit may 

be made in one or more installments (including by allotment 

from pay), as determined by the Director. 

(2) EFFECT OF RETIREMENT DEDUCTIONS NOT MADE.—If a participant has not paid a deposit for civilian service performed 

before October 1, 1982, for which retirement deductions were 

not made, such participant’s annuity shall be reduced by 10 

percent of the deposit described in paragraph (1) remaining unpaid, unless the participant elects to eliminate the service involved for the purpose of the annuity computation. 

(3) EFFECT OF REFUND OF RETIREMENT CONTRIBUTIONS.—A 

participant who received a refund of retirement contributions 

under this or any other retirement system for Government employees covering service for which the participant may be allowed credit under this title may deposit the amount received, 

with interest computed under paragraph (1). Credit may not be 

allowed for the service covered by the refund until the deposit 

is made, except that a participant who— 

(A) separated from Government service before øOctober 

1, 1990¿ March 31, 1991, and received a refund of the participant’s retirement contributions covering a period of 

service ending before øOctober 1, 1990¿ March 31, 1991; 

52 

(B) is entitled to an annuity under this title (other than 

a disability annuity) which commences after December 1, 

1992; and 

(C) does not make the deposit required to receive credit 

for the service covered by the refund; 

shall be entitled to an annuity actuarially reduced in accordance with section 8334(d)(2)(B) of title 5, United States Code. 

(4) ENTITLEMENT UNDER ANOTHER SYSTEM.—Credit toward 

retirement under the system shall not be allowed for any period of civilian service on the basis of which the participant is 

receiving (or will in the future be entitled to receive) an annuity under another retirement system for Government employees, unless the right to such annuity is waived and a deposit 

is made under paragraph (1) covering that period of service, or 

a transfer is made pursuant to subsection (c). 

(c) TRANSFER FROM OTHER GOVERNMENT RETIREMENT SYSTEMS.— 

(1) IN GENERAL.—If an employee who is under another retirement system for Government employees becomes a participant in the system by direct transfer, the Government’s contributions (including interest accrued thereon computed in accordance with section 8334(e) of title 5, United States Code) 

under such retirement system on behalf of the employee as 

well as such employee’s total contributions and deposits (including interest accrued thereon), except voluntary contributions, shall be transferred to the employee’s credit in the fund 

effective as of the date such employee becomes a participant in 

the system. 

(2) CONSENT OF EMPLOYEE.—Each such employee shall be 

deemed to consent to the transfer of such funds, and such 

transfer shall be a complete discharge and acquittance of all 

claims and demands against the other Government retirement 

fund on account of service rendered before becoming a participant in the system. 

(3) ADDITIONAL CONTRIBUTIONS; REFUNDS.—A participant 

whose contributions are transferred pursuant to paragraph (1) 

shall not be required to make additional contributions for periods of service for which full contributions were made to the 

other Government retirement fund, nor shall any refund be 

made to any such participant on account of contributions made 

during any period to the other Government retirement fund at 

a higher rate than that fixed for employees by section 8334(c) 

of title 5, United States Code, for contributions to the fund. 

(d) TRANSFER TO OTHER GOVERNMENT RETIREMENT SYSTEMS.— 

(1) IN GENERAL.—If a participant in the system becomes an 

employee under another Government retirement system by direct transfer to employment covered by such system, the Government’s contributions (including interest accrued thereon 

computed in accordance with section 8334(e) of title 5, United 

States Code) to the fund on the participant’s behalf as well as 

the participant’s total contributions and deposits (including interest accrued thereon), except voluntary contributions, shall 

be transferred to the participant’s credit in the fund of such 

other retirement system effective as of the date on which the 

53 

participant becomes eligible to participate in such other retirement system. 

(2) CONSENT OF EMPLOYEE.—Each such employee shall be 

deemed to consent to the transfer of such funds, and such 

transfer shall be a complete discharge and acquittance of all 

claims and demands against the fund on account of service 

rendered before the participant’s becoming eligible for participation in that other system. 

(e) PRIOR MILITARY SERVICE CREDIT.— 

(1) APPLICATION TO OBTAIN CREDIT.—If a deposit required to 

obtain credit for prior military service described in subsection 

(a)(2) was not made to another Government retirement fund 

and transferred under subsection (c)(1), the participant may 

obtain credit for such military service, subject to the provisions 

of this subsection and subsections (f) through (h), by applying 

for it to the Director before retirement or separation from the 

Agency. 

(2) EMPLOYMENT STARTING BEFORE, ON, OR AFTER OCTOBER 1, 

1982.—Except as provided in paragraph (3)— 

(A) the service of a participant who first became a Federal employee before October 1, 1982, shall include credit 

for each period of military service performed before the 

date of separation on which entitlement to an annuity 

under this title is based, subject to section 252(f); and 

(B) the service of a participant who first becomes a Federal employee on or after October 1, 1982, shall include 

credit for— 

(i) each period of military service performed before 

January 1, 1957, and 

(ii) each period of military service performed after 

December 31, 1956, and before the separation on 

which entitlement to an annuity under this title is 

based, only if a deposit (with interest, if any) is made 

with respect to that period, as provided in subsection 

(h). 

(3) EFFECT OF RECEIPT OF MILITARY RETIRED PAY.—In the 

case of a participant who is entitled to retired pay based on a 

period of military service, the participant’s service may not include credit for such period of military service unless the retired pay is paid— 

(A) on account of a service-connected disability— 

(i) incurred in combat with an enemy of the United 

States; or 

(ii) caused by an instrumentality of war and incurred in the line of duty during a period of war (as 

defined in section 1101 of title 38, United States 

Code); or 

(B) under chapter 67 of title 10, United States Code. 

(4) SURVIVOR ANNUITY.—Notwithstanding paragraph (3), the 

survivor annuity of a survivor of a participant— 

(A) who was awarded retired pay based on any period of 

military service, and 

(B) whose death occurs before separation from the Agency, 

54 

shall be computed in accordance with section 8332(c)(3) of title 

5, United States Code. 

(f) EFFECT OF ENTITLEMENT TO SOCIAL SECURITY BENEFITS.— (1) IN GENERAL.—Notwithstanding any other provision of 

this section (except paragraph (3) of this subsection) or section 

253, any military service (other than military service covered 

by military leave with pay from a civilian position) performed 

by a participant after December 1956 shall be excluded in determining the aggregate period of service on which an annuity 

payable under this title to such participant or to the participant’s spouse, former spouse, previous spouse, or child is 

based, if such participant, spouse, former spouse, previous 

spouse, or child is entitled (or would upon proper application 

be entitled), at the time of such determination, to monthly oldage or survivors’ insurance benefits under section 202 of the 

Social Security Act (42 U.S.C. 402), based on such participant’s 

wages and self-employment income. If the military service is 

not excluded under the preceding sentence, but upon attaining 

age 62, the participant or spouse, former spouse, or previous 

spouse becomes entitled (or would upon proper application be 

entitled) to such benefits, the aggregate period of service on 

which the annuity is based shall be redetermined, effective as 

of the first day of the month in which the participant or 

spouse, former spouse, or previous spouse attains age 62, so as 

to exclude such service. 

(2) LIMITATION.—The provisions of paragraph (1) relating to 

credit for military service do not apply to— 

(A) any period of military service of a participant with 

respect to which the participant has made a deposit with 

interest, if any, under subsection (h); or 

(B) the military service of any participant described in 

subsection (e)(2)(B). 

(3) EFFECT OF ENTITLEMENT BEFORE SEPTEMBER 8, 1982.—(A) 

The annuity recomputation required by paragraph (1) shall not 

apply to any participant who was entitled to an annuity under 

this title on or before September 8, 1982, or who is entitled to 

a deferred annuity based on separation from the Agency occurring on or before such date. Instead of an annuity recomputation, the annuity of such participant shall be reduced at age 62 

by an amount equal to a fraction of the participant’s old-age 

or survivors’ insurance benefits under section 202 of the Social 

Security Act. The reduction shall be determined by multiplying 

the participant’s monthly Social Security benefit by a fraction, 

the numerator of which is the participant’s total military 

wages and deemed additional wages (within the meaning of 

section 229 of the Social Security Act (42 U.S.C. 429)) that 

were subject to Social Security deductions and the denominator 

of which is the total of all the participant’s wages, including 

military wages, and all self-employment income that were subject to Social Security deductions before the calendar year in 

which the determination month occurs. 

(B) The reduction determined in accordance with subparagraph (A) shall not be greater than the reduction that would 

be required under paragraph (1) if such paragraph applied to 

the participant. The new formula shall be applicable to any anVerDate Sep 11 2014 06:59 Jul 26, 2017 Jkt 069006 PO 00000 Frm 00054 Fmt 6659 Sfmt 6601 E:\HR\OC\HR251.XXX HR251
55 

nuity payment payable after October 1, 1982, including annuity payments to participants who had previously reached age 

62 and whose annuities had already been recomputed. 

(C) For purposes of this paragraph, the term ‘‘determination 

month’’ means— 

(i) the first month for which the participant is entitled 

to old-age or survivors’ insurance benefits (or would be entitled to such benefits upon application therefor); or 

(ii) October 1982, in the case of any participant entitled 

to such benefits for that month. 

(g) DEPOSITS PAID BY SURVIVORS.—For the purpose of survivor 

annuities, deposits authorized by subsections (b) and (h) may also 

be made by the survivor of a participant. 

(h)(1)(A) Each participant who has performed military service before the date of separation on which entitlement to an annuity 

under this title is based may pay to the Agency an amount equal 

to 7 percent of the amount of basic pay paid under section 204 of 

title 37, United States Code, to the participant for each period of 

military service after December 1956; except, the amount to be 

paid for military service performed beginning on January 1, 1999, 

through December 31, 2000, shall be as follows: 

7.25 percent of 

basic pay.

January 1, 1999, to December 31, 1999.

7.4 percent of 

basic pay.

January 1, 2000, to December 31, 2000. 

(B) The amount of such payments shall be based on such evidence of basic pay for military service as the participant may provide or, if the Director determines sufficient evidence has not been 

provided to adequately determine basic pay for military service, 

such payment shall be based upon estimates of such basic pay provided to the Director under paragraph (4). 

(2) Any deposit made under paragraph (1) more than two 

years after the later of— 

(A) October 1, 1983, or 

(B) the date on which the participant making the deposit 

first becomes an employee of the Federal Government, 

shall include interest on such amount computed and compounded annually beginning on the date of expiration of the 

two-year period. The interest rate that is applicable in computing interest in any year under this paragraph shall be 

equal to the interest rate that is applicable for such year under 

section 8334(e) of title 5, United States Code. 

(3) Any payment received by the Director under this subsection shall be deposited in the Treasury of the United States 

to the credit of the fund. 

(4) The provisions of section ø221(k)¿ 221(l) shall apply with 

respect to such information as the Director determines to be 

necessary for the administration of this subsection in the same 

manner that such section applies concerning information described in that section. 

* * * * * * * 

56 

Part H—Retired Participants Recalled, Reinstated, or Reappointed in the Agency 

or Reemployed in the Government 

* * * * * * * 

SEC. 273. REEMPLOYMENT COMPENSATION. 

(a) DEDUCTION FROM BASIC PAY.—An annuitant who has retired 

under this title and who is reemployed in the Federal Government 

service in any appointive position (either on a part-time or full-time 

basis) shall be entitled to receive the annuity payable under this 

title, but there shall be deducted from the annuitant’s basic pay a 

sum equal to the annuity allocable to the period of actual employment. 

(b) PART-TIME REEMPLOYED ANNUITANTS.—The Director shall 

have the authority to reemploy an annuitant in a part-time basis in 

accordance with section 8344(l) of title 5, United States Code. 

ø(b)¿ (c) RECOVERY OF OVERPAYMENTS.—In the event of an overpayment under this section, the amount of the overpayment shall 

be recovered by withholding the amount involved from the basic 

pay payable to such reemployed annuitant or from any other moneys, including the annuitant’s annuity, payable in accordance with 

this title. 

ø(c)¿ (d) DEPOSIT IN THE FUND.—Sums deducted from the basic 

pay of a reemployed annuitant under this section shall be deposited 

in the Treasury of the United States to the credit of the fund. 

* * * * * * * 

CENTRAL INTELLIGENCE AGENCY ACT OF 1949 

* * * * * * * 

GENERAL AUTHORITIES

SEC. 5. (a) IN GENERAL.—In the performance of its functions, the 

Central Intelligence Agency is authorized to— 

(1) Transfer to and receive from other Government agencies such 

sums as may be approved by the Office of Management and Budget, for the performance of any of the functions or activities authorized under section 104A of the National Security Act of 1947 (50 

U.S.C. 403–4a)., and any other Government agency is authorized to 

transfer to or receive from the Agency such sums without regard 

to any provisions of law limiting or prohibiting transfers between 

appropriations. Sums transferred to the Agency in accordance with 

this paragraph may be expended for the purposes and under the 

authority of this Act without regard to limitations of appropriations 

from which transferred; 

(2) Exchange funds without regard to section 3651 Revised Statutes (31 U.S.C. 543); 

(3) Reimburse other Government agencies for services of personnel assigned to the Agency, and such other Government agencies are hereby authorized, without regard to provisions of law to 

the contrary, so to assign or detail any officer or employee for duty 

with the Agency; 

57 

(4) Authorize personnel designated by the Director to carry firearms to the extent necessary for the performance of the Agency’s 

authorized functions, except that, within the United States, such 

authority shall be limited to the purposes of protection of classified 

materials and information, the training of Agency personnel and 

other authorized persons in the use of firearms, the protection of 

Agency installations and property, the protection of current and 

former Agency personnel and their immediate families, defectors 

and their immediate families, and other persons in the United 

States under Agency auspices, and the protection of the Director of 

National Intelligence and øsuch personnel of the Office of the Director of National Intelligence as the Director of National Intelligence may designate;¿ current and former personnel of the Office 

of the Director of National Intelligence and their immediate families 

as the Director of National Intelligence may designate; 

(5) Make alterations, improvements, and repairs on premises 

rented by the Agency, and pay rent therefor; 

(6) Determine and fix the minimum and maximum limits of age 

within which an original appointment may be made to an operational position within the Agency, notwithstanding the provision 

of any other law, in accordance with such criteria as the Director, 

in his discretion, may prescribe; and 

(7) Notwithstanding section 1341(a)(1) of title 31, United 

States Code, enter into multiyear leases for up to 15 years. 

(b) SCOPE OF AUTHORITY FOR EXPENDITURE.—(1) The authority to 

enter into a multiyear lease under subsection (a)(7) shall be subject 

to appropriations provided in advance for— 

(A) the entire lease; or 

(B) the first 12 months of the lease and the Government’s estimated termination liability. 

(2) In the case of any such lease entered into under subparagraph (B) of paragraph (1)— 

(A) such lease shall include a clause that provides that the 

contract shall be terminated if budget authority (as defined by 

section 3(2) of the Congressional Budget and Impoundment 

Control Act of 1974 (2 U.S.C. 622(2))) is not provided specifically for that project in an appropriations Act in advance of an 

obligation of funds in respect thereto; 

(B) notwithstanding section 1552 of title 31, United States 

Code, amounts obligated for paying termination costs with respect to such lease shall remain available until the costs associated with termination of such lease are paid; 

(C) funds available for termination liability shall remain 

available to satisfy rental obligations with respect to such lease 

in subsequent fiscal years in the event such lease is not terminated early, but only to the extent those funds are in excess 

of the amount of termination liability at the time of their use 

to satisfy such rental obligations; and 

(D) funds appropriated for a fiscal year may be used to make 

payments on such lease, for a maximum of 12 months, beginning any time during such fiscal year. 

(c) TRANSFERS FOR ACQUISITION OF LAND.—(1) Sums appropriated or otherwise made available to the Agency for the acquisition of land that are transferred to another department or agency 

for that purpose shall remain available for 3 years. 

58 

(2) The Director shall submit to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives a report on the transfer 

of sums described in paragraph (1) each time that authority is exercised. 

* * * * * * * 

RETIREMENT EQUITY FOR SPOUSES OF CERTAIN EMPLOYEES

SEC. 14. (a) The provisions of sections 102, 221(b) (1)–(3), 221(f), 

221(g), ø221(h)(2), 221(i), 221(l),¿ 221(i)(2), 221(j), 221(m), 222, 223, 

224, 225, 232(b), 241(b), 241(d), and 264(b) of the Central Intelligence Agency Retirement Act (50 U.S.C. 403 note) establishing 

certain requirements, limitations, rights, entitlements, and benefits 

relating to retirement annuities, survivor benefits, and lump-sum 

payments for a spouse or former spouse of an Agency employee 

who is a participant in the Central Intelligence Agency Retirement 

and Disability System shall apply in the same manner and to the 

same extent in the case of an Agency employee who is a participant 

in the Civil Service Retirement and Disability System. 

(b) The Director of the Office of Personnel Management, in consultation with the Director of the Central Intelligence Agency, shall 

prescribe such regulations as may be necessary to implement the 

provisions of this section. 

* * * * * * * 

NATIONAL SECURITY ACT OF 1947 

SHORT TITLE

That this Act may be cited as the ‘‘National Security Act of 

1947’’. 

TABLE OF CONTENTS 

Sec. 2. Declaration of policy. 

* * * * * * * 

TITLE V—ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

* * * * * * * 

Sec. 506K. Oversight of intelligence community contractors. 

* * * * * * * 

TITLE XI—OTHER PROVISIONS 

* * * * * * * 

Sec. 1105. Semiannual reports on investigations of unauthorized public disclosures 

of classified information. 

* * * * * * * 

TITLE I—COORDINATION FOR NATIONAL SECURITY 

* * * * * * * 

59 

APPOINTMENT OF OFFICIALS RESPONSIBLE FOR INTELLIGENCERELATED ACTIVITIES

SEC. 106. (a) RECOMMENDATION OF DNI IN CERTAIN APPOINTMENTS.—(1) In the event of a vacancy in a position referred to in 

paragraph (2), the Director of National Intelligence shall recommend to the President an individual for nomination to fill the 

vacancy. 

(2) Paragraph (1) applies to the following positions: 

(A) The Principal Deputy Director of National Intelligence. 

(B) The Director of the Central Intelligence Agency. 

(b) CONCURRENCE OF DNI IN APPOINTMENTS TO POSITIONS IN THE

INTELLIGENCE COMMUNITY.—(1) In the event of a vacancy in a position referred to in paragraph (2), the head of the department or 

agency having jurisdiction over the position shall obtain the concurrence of the Director of National Intelligence before appointing 

an individual to fill the vacancy or recommending to the President 

an individual to be nominated to fill the vacancy. If the Director 

does not concur in the recommendation, the head of the department or agency concerned may not fill the vacancy or make the recommendation to the President (as the case may be). In the case in 

which the Director does not concur in such a recommendation, the 

Director and the head of the department or agency concerned may 

advise the President directly of the intention to withhold concurrence or to make a recommendation, as the case may be. 

(2) Paragraph (1) applies to the following positions: 

(A) The Director of the National Security Agency. 

(B) The Director of the National Reconnaissance Office. 

(C) The Director of the National Geospatial-Intelligence 

Agency. 

(D) The Assistant Secretary of State for Intelligence and Research. 

(E) The Director of the Office of Intelligence and Counterintelligence of the Department of Energy. 

ø(F) The Director of the Office of Counterintelligence of the 

Department of Energy.¿ 

ø(G)¿ (F) The Assistant Secretary for Intelligence and Analysis of the Department of the Treasury. 

ø(H)¿ (G) The Executive Assistant Director for Intelligence of 

the Federal Bureau of Investigation or any successor to that 

position. 

ø(I)¿ (H) The Under Secretary of Homeland Security for Intelligence and Analysis. 

(c) CONSULTATION WITH DNI IN CERTAIN POSITIONS.—(1) In the 

event of a vacancy in a position referred to in paragraph (2), the 

head of the department or agency having jurisdiction over the position shall consult with the Director of National Intelligence before 

appointing an individual to fill the vacancy or recommending to the 

President an individual to be nominated to fill the vacancy. 

(2) Paragraph (1) applies to the following positions: 

(A) The Director of the Defense Intelligence Agency. 

(B) The Assistant Commandant of the Coast Guard for Intelligence. 

60 

(C) The Assistant Attorney General designated as the Assistant Attorney General for National Security under section 507A 

of title 28, United States Code. 

* * * * * * * 

TITLE V—ACCOUNTABILITY FOR INTELLIGENCE 

ACTIVITIES 

* * * * * * * 

REPORTS ON SECURITY CLEARANCES

SEC. 506H. (a) REPORT ON SECURITY CLEARANCE DETERMINA- TIONS.—(1) Not later than February 1 of each year, the President 

shall submit to Congress a report on the security clearance process. 

Such report shall include, for each security clearance level— 

(A) the number of employees of the United States Government who— 

(i) held a security clearance at such level as of October 

1 of the preceding year; and 

(ii) were approved for a security clearance at such level 

during the preceding fiscal year; and 

(B) the number of contractors to the United States Government who— 

(i) held a security clearance at such level as of October 

1 of the preceding year; and 

(ii) were approved for a security clearance at such level 

during the preceding fiscal yearø; and¿. ø(C) for each element of the intelligence community— 

ø(i) the total amount of time it took to process the security clearance determination for such level that— 

ø(I) was among the 80 percent of security clearance 

determinations made during the preceding fiscal year 

that took the shortest amount of time to complete; and 

ø(II) took the longest amount of time to complete; 

ø(ii) the total amount of time it took to process the security clearance determination for such level that— 

ø(I) was among the 90 percent of security clearance 

determinations made during the preceding fiscal year 

that took the shortest amount of time to complete; and 

ø(II) took the longest amount of time to complete; 

ø(iii) the number of pending security clearance investigations for such level as of October 1 of the preceding year 

that have remained pending for— 

ø(I) 4 months or less; 

ø(II) between 4 months and 8 months; 

ø(III) between 8 months and one year; and 

ø(IV) more than one year; 

ø(iv) the percentage of reviews during the preceding fiscal year that resulted in a denial or revocation of a security clearance; 

ø(v) the percentage of investigations during the preceding fiscal year that resulted in incomplete information; 

ø(vi) the percentage of investigations during the preceding fiscal year that did not result in enough information 

to make a decision on potentially adverse information; and 

61 

ø(vii) for security clearance determinations completed or 

pending during the preceding fiscal year that have taken 

longer than one year to complete— 

ø(I) the number of security clearance determinations 

for positions as employees of the United States Government that required more than one year to complete; 

ø(II) the number of security clearance determinations for contractors that required more than one year 

to complete; 

ø(III) the agencies that investigated and adjudicated 

such determinations; and 

ø(IV) the cause of significant delays in such determinations.¿ 

(2) For purposes of paragraph (1), the President may consider— 

(A) security clearances at the level of confidential and secret 

as one security clearance level; and 

(B) security clearances at the level of top secret or higher as 

one security clearance level. 

(b) INTELLIGENCE COMMUNITY REPORTS.—(1) Not later than 

March 1 of each year, the Director of National Intelligence shall 

submit to the congressional intelligence committees a report on the 

security clearances processed by each element of the intelligence 

community during the preceding calendar year. Each such report 

shall separately identify security clearances processed by each such 

element and shall cover Federal employees and contractor employees. 

(2) Each report submitted under paragraph (1) shall include each 

of the following for each element of the intelligence community for 

the year covered by the report: 

(A) The total number of initial security clearance background 

investigations opened for new applicants. 

(B) The total number of security clearance periodic re-investigations opened for existing employees. 

(C) The total number of initial security clearance background 

investigations for new applicants that were finalized and adjudicated with notice of a determination provided to the prospective applicant, including— 

(i) the total number that were adjudicated favorably and 

granted access to classified information; and 

(ii) the total number that were adjudicated unfavorably 

and resulted in a denial or revocation of a security clearance. 

(D) The total number of security clearance periodic background investigations that were finalized and adjudicated with 

notice of a determination provided to the existing employee, including— 

(i) the total number that were adjudicated favorably; and 

(ii) the total number that were adjudicated unfavorably 

and resulted in a denial or revocation of a security clearance. 

(E) The total number of pending security clearance background investigations, including initial applicant investigations 

and periodic re-investigations, that were not finalized and adjuVerDate Sep 11 2014 06:59 Jul 26, 2017 Jkt 069006 PO 00000 Frm 00061 Fmt 6659 Sfmt 6603 E:\HR\OC\HR251.XXX HR251
62 

dicated as of the last day of such year and that remained pending as follows: 

(i) For 180 days or less. 

(ii) For 180 days or longer, but less than 12 months. 

(iii) For 12 months or longer, but less than 18 months. 

(iv) For 18 months or longer, but less than 24 months. 

(v) For 24 months or longer. 

(F) In the case of security clearance determinations completed 

or pending during the year preceding the year for which the report is submitted that have taken longer than 12 months to 

complete— 

(i) the cause of the delay for such determinations; and 

(ii) the number of such determinations for which polygraph examinations were required. 

(G) The percentage of security clearance investigations, including initial and periodic re-investigations, that resulted in a 

denial or revocation of a security clearance. 

(H) The percentage of security clearance investigations that 

resulted in incomplete information. 

(I) The percentage of security clearance investigations that 

did not result in enough information to make a decision on potentially adverse information. 

(3) The report required under this subsection shall be submitted 

in unclassified form, but may include a classified annex. 

ø(b)¿ (c) FORM.—The reports required under subsection (a)(1) 

and (b) shall be submitted in unclassified form, but may include a 

classified annex. 

* * * * * * * 

SEC. 506K. OVERSIGHT OF INTELLIGENCE COMMUNITY CONTRACTORS. 

Notwithstanding the terms of any contract awarded by the head 

of an element of the intelligence community, the head may not— 

(1) prohibit a contractor of such element from contacting or 

meeting with either of the congressional intelligence committees 

(including a member or an employee thereof) to discuss matters 

relating to a contract; 

(2) take any adverse action against a contractor of such element, including by suspending or debarring the contractor or 

terminating a contract, based on the contractor contacting or 

meeting with either of the congressional intelligence committees 

(including a member or an employee thereof) to discuss matters 

relating to a contract; or 

(3) require the approval of the head before a contractor of 

such element contacts or meets with either of the congressional 

intelligence committees (including a member or an employee 

thereof) to discuss matters relating to a contract. 

* * * * * * * 

TITLE XI—ADDITIONAL MISCELLANEOUS PROVISIONS 

* * * * * * * 

63 

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

(a) IN GENERAL.—On a semiannual basis, each covered official 

shall submit to the congressional intelligence committees a report 

that includes, with respect to the preceding 6-month period— 

(1) the number of investigations opened by the covered official 

regarding an unauthorized public disclosure of classified information; 

(2) the number of investigations completed by the covered official regarding an unauthorized public disclosure of classified 

information; and 

(3) of the number of such completed investigations identified 

under paragraph (2), the number referred to the Attorney General for criminal investigation. 

(b) DEFINITIONS.—In this section: 

(1) The term ‘‘covered official’’ means— 

(A) the heads of each element of the intelligence community; and 

(B) the inspectors general with oversight responsibility 

for an element of the intelligence community. 

(2) The term ‘‘investigation’’ means any inquiry, whether formal or informal, into the existence of an unauthorized public 

disclosure of classified information. 

(3) The term ‘‘unauthorized public disclosure of classified information’’ means the unauthorized disclosure of classified information to a journalist or media organization. 

TITLE 5, UNITED STATES CODE 

* * * * * * * 

PART III—EMPLOYEES 

* * * * * * * 

SUBPART D—PAY AND ALLOWANCES 

* * * * * * * 

CHAPTER 53—PAY RATES AND SYSTEMS 

* * * * * * * 

SUBCHAPTER II—EXECUTIVE SCHEDULE PAY RATES 

* * * * * * * 

§ 5313. Positions at level II 

Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as 

adjusted by section 5318 of this title: 

Deputy Secretary of Defense. 

Deputy Secretary of State. 

Deputy Secretary of State for Management and Resources. 

64 

Administrator, Agency for International Development. 

Administrator of the National Aeronautics and Space Administration. 

Deputy Secretary of Veterans Affairs. 

Deputy Secretary of Homeland Security. 

Under Secretary of Homeland Security for Management. 

Deputy Secretary of the Treasury. 

Deputy Secretary of Transportation. 

Chairman, Nuclear Regulatory Commission. 

Chairman, Council of Economic Advisers. 

Director of the Office of Science and Technology. 

Director of the Central Intelligence Agency. 

Secretary of the Air Force. 

Secretary of the Army. 

Secretary of the Navy. 

Administrator, Federal Aviation Administration. 

Director of the National Science Foundation. 

Deputy Attorney General. 

Deputy Secretary of Energy. 

Deputy Secretary of Agriculture. 

Director of the Office of Personnel Management. 

Administrator, Federal Highway Administration. 

Administrator of the Environmental Protection Agency. 

Under Secretary of Defense for Acquisition, Technology, and 

Logistics. 

Deputy Secretary of Labor. 

Deputy Director of the Office of Management and Budget. 

Independent Members, Thrift Depositor Protection Oversight 

Board. 

Deputy Secretary of Health and Human Services. 

Deputy Secretary of the Interior. 

Deputy Secretary of Education. 

Deputy Secretary of Housing and Urban Development. 

Deputy Director for Management, Office of Management and 

Budget. 

Director of the Federal Housing Finance Agency. 

Deputy Commissioner of Social Security, Social Security Administration. 

Administrator of the Community Development Financial Institutions Fund. 

Deputy Director of National Drug Control Policy. 

Members, Board of Governors of the Federal Reserve System. 

Under Secretary of Transportation for Policy. 

Chief Executive Officer, Millennium Challenge Corporation. 

Principal Deputy Director of National Intelligence. 

Director of the National Counterterrorism Center. 

Administrator of the Federal Emergency Management Agency. 

Federal Transit Administrator. 

Director of the National Counterintelligence and Security. 

* * * * * * * 

65 

SUBPART J—ENHANCED PERSONNEL 

SECURITY PROGRAMS 

* * * * * * * 

CHAPTER 110—ENHANCED PERSONNEL SECURITY 

PROGRAMS 

* * * * * * * 

§ 11001. Enhanced personnel security programs 

(a) ENHANCED PERSONNEL SECURITY PROGRAM.—The Director of 

National Intelligence shall direct each agency to implement a program to provide enhanced security review of covered individuals— 

(1) in accordance with this section; and 

(2) not later than the earlier of— 

(A) the date that is 5 years after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 

2016; or 

(B) the date on which the backlog of overdue periodic reinvestigations of covered individuals is eliminated, as determined by the Director of National Intelligence. 

(b) COMPREHENSIVENESS.— (1) SOURCES OF INFORMATION.—The enhanced personnel security program of an agency shall integrate relevant and appropriate information from various sources, including government, publicly available, and commercial data sources, consumer reporting agencies, social media, and such other sources 

as determined by the Director of National Intelligence. 

(2) TYPES OF INFORMATION.—Information obtained and integrated from sources described in paragraph (1) may include— 

(A) information relating to any criminal or civil legal 

proceeding; 

(B) financial information relating to the covered individual, including the credit worthiness of the covered individual; 

(C) publicly available information, whether electronic, 

printed, or other form, including relevant security or counterintelligence information about the covered individual or 

information that may suggest ill intent, vulnerability to 

blackmail, compulsive behavior, allegiance to another 

country, change in ideology, or that the covered individual 

lacks good judgment, reliability, or trustworthiness; and 

(D) data maintained on any terrorist or criminal watch 

list maintained by any agency, State or local government, 

or international organization. 

(c) REVIEWS OF COVERED INDIVIDUALS.— 

(1) REVIEWS.— 

(A) IN GENERAL.—The enhanced personnel security program of an agency shall require that, not less than 2 times 

every 5 years, the head of the agency shall conduct or request the conduct of automated record checks and checks 

of information from sources under subsection (b) to ensure 

the continued eligibility of each covered individual to access classified information and hold a sensitive position 

66 

unless more frequent reviews of automated record checks 

and checks of information from sources under subsection 

(b) are conducted on the covered individual. 

(B) SCOPE OF REVIEWS.—Except for a covered individual 

who is subject to more frequent reviews to ensure the continued eligibility of the covered individual to access classified information and hold a sensitive position, the reviews 

under subparagraph (A) shall consist of random or aperiodic checks of covered individuals, such that each covered 

individual is subject to at least 2 reviews during the 5-year 

period beginning on the date on which the agency implements the enhanced personnel security program of an 

agency, and during each 5-year period thereafter. 

(C) INDIVIDUAL REVIEWS.—A review of the information 

relating to the continued eligibility of a covered individual 

to access classified information and hold a sensitive position under subparagraph (A) may not be conducted until 

after the end of the 120-day period beginning on the date 

the covered individual receives the notification required 

under paragraph (3). 

(2) RESULTS.—The head of an agency shall take appropriate 

action if a review under paragraph (1) finds relevant information that may affect the continued eligibility of a covered individual to access classified information and hold a sensitive position. 

(3) INFORMATION FOR COVERED INDIVIDUALS.—The head of an 

agency shall ensure that each covered individual is adequately 

advised of the types of relevant security or counterintelligence 

information the covered individual is required to report to the 

head of the agency. 

(4) LIMITATION.—Nothing in this subsection shall be construed to affect the authority of an agency to determine the appropriate weight to be given to information relating to a covered individual in evaluating the continued eligibility of the 

covered individual. 

(5) AUTHORITY OF THE PRESIDENT.—Nothing in this subsection shall be construed as limiting the authority of the 

President to direct or perpetuate periodic reinvestigations of a 

more comprehensive nature or to delegate the authority to direct or perpetuate such reinvestigations. 

(6) EFFECT ON OTHER REVIEWS.—Reviews conducted under 

paragraph (1) are in addition to investigations and reinvestigations conducted pursuant to section 3001 of the Intelligence 

Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341). 

(d) øAUDIT¿ REVIEW.— 

(1) IN GENERAL.—Beginning 2 years after the date of the implementation of the enhanced personnel security program of an 

agency under subsection (a), the Inspector General of the agency shall conduct at least 1 øaudit¿ review to assess the effectiveness and fairness, which shall be determined in accordance 

with performance measures and standards established by the 

Director of National Intelligence, to covered individuals of the 

enhanced personnel security program of the agency. 

(2) SUBMISSIONS TO DNI.—The results of each øaudit¿ review 

conducted under paragraph (1) shall be submitted to the DirecVerDate Sep 11 2014 06:59 Jul 26, 2017 Jkt 069006 PO 00000 Frm 00066 Fmt 6659 Sfmt 6601 E:\HR\OC\HR251.XXX HR251
67 

tor of National Intelligence to assess the effectiveness and fairness of the enhanced personnel security programs across the 

Federal Government. 

(e) DEFINITIONS.—In this section— 

(1) the term ‘‘agency’’ has the meaning given that term in 

section 3001 of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341); 

(2) the term ‘‘consumer reporting agency’’ has the meaning 

given that term in section 603 of the Fair Credit Reporting Act 

(15 U.S.C. 1681a); 

(3) the term ‘‘covered individual’’ means an individual employed by an agency or a contractor of an agency who has been 

determined eligible for access to classified information or eligible to hold a sensitive position;? 

(4) the term ‘‘enhanced personnel security program’’ means 

a program implemented by an agency at the direction of the 

Director of National Intelligence under subsection (a); and? 

* * * * * * * 

INTELLIGENCE REFORM AND TERRORISM PREVENTION 

ACT OF 2004 

* * * * * * * 

TITLE I—REFORM OF THE 

INTELLIGENCE COMMUNITY 

* * * * * * * 

SEC. 1016. INFORMATION SHARING. 

(a) DEFINITIONS.—In this section: 

(1) HOMELAND SECURITY INFORMATION.—The term ‘‘homeland 

security information’’ has the meaning given that term in section 892(f) of the Homeland Security Act of 2002 (6 U.S.C. 

482(f)). 

(2) INFORMATION SHARING COUNCIL.—The term ‘‘Information 

Sharing Council’’ means the Information Systems Council established by Executive Order 13356, or any successor body designated by the President, and referred to under subsection (g). 

(3) INFORMATION SHARING ENVIRONMENT.—The terms ‘‘information sharing environment’’ and ‘‘ISE’’ mean an approach 

that facilitates the sharing of terrorism and homeland security 

information, which may include any method determined necessary and appropriate for carrying out this section. 

(4) PROGRAM MANAGER.—The term ‘‘program manager’’ 

means the program manager designated under subsection (f). 

(5) TERRORISM INFORMATION.—The term ‘‘terrorism information’’— 

(A) means all information, whether collected, produced, 

or distributed by intelligence, law enforcement, military, 

homeland security, or other activities relating to— 

(i) the existence, organization, capabilities, plans, intentions, vulnerabilities, means of finance or material 

support, or activities of foreign or international terVerDate Sep 11 2014 06:59 Jul 26, 2017 Jkt 069006 PO 00000 Frm 00067 Fmt 6659 Sfmt 6601 E:\HR\OC\HR251.XXX HR251
68 

rorist groups or individuals, or of domestic groups or 

individuals involved in transnational terrorism; 

(ii) threats posed by such groups or individuals to 

the United States, United States persons, or United 

States interests, or to those of other nations; 

(iii) communications of or by such groups or individuals; or 

(iv) groups or individuals reasonably believed to be 

assisting or associated with such groups or individuals; and 

(B) includes weapons of mass destruction information. 

(6) WEAPONS OF MASS DESTRUCTION INFORMATION.—The term 

‘‘weapons of mass destruction information’’ means information 

that could reasonably be expected to assist in the development, 

proliferation, or use of a weapon of mass destruction (including 

a chemical, biological, radiological, or nuclear weapon) that 

could be used by a terrorist or a terrorist organization against 

the United States, including information about the location of 

any stockpile of nuclear materials that could be exploited for 

use in such a weapon that could be used by a terrorist or a terrorist organization against the United States. 

(b) INFORMATION SHARING ENVIRONMENT.— (1) ESTABLISHMENT.—The øPresident¿ Director of National 

Intelligence shall— 

(A) create an information sharing environment for the 

sharing of terrorism information in a manner consistent 

with national security and with applicable legal standards 

relating to privacy and civil liberties; 

(B) designate the organizational and management structures that will be used to operate and manage the ISE; 

and 

(C) determine and enforce the policies, directives, and 

rules that will govern the content and usage of the ISE. 

(2) ATTRIBUTES.—The øPresident¿ Director of National Intelligence shall, through the structures described in subparagraphs (B) and (C) of paragraph (1), ensure that the ISE provides and facilitates the means for sharing terrorism information among all appropriate Federal, State, local, and tribal entities, and the private sector through the use of policy guidelines and technologies. The øPresident¿ Director of National 

Intelligence shall, to the greatest extent practicable, ensure 

that the ISE provides the functional equivalent of, or otherwise 

supports, a decentralized, distributed, and coordinated environment that— 

(A) connects existing systems, where appropriate, provides no single points of failure, and allows users to share 

information among agencies, between levels of government, and, as appropriate, with the private sector; 

(B) ensures direct and continuous online electronic access to information; 

(C) facilitates the availability of information in a form 

and manner that facilitates its use in analysis, investigations and operations; 

(D) builds upon existing systems capabilities currently in 

use across the Government; 

69 

(E) employs an information access management approach that controls access to data rather than just systems and networks, without sacrificing security; 

(F) facilitates the sharing of information at and across 

all levels of security; 

(G) provides directory services, or the functional equivalent, for locating people and information; 

(H) incorporates protections for individuals’ privacy and 

civil liberties; 

(I) incorporates strong mechanisms to enhance accountability and facilitate oversight, including audits, authentication, and access controls; 

(J) integrates the information within the scope of the information sharing environment, including any such information in legacy technologies; 

(K) integrates technologies, including all legacy technologies, through Internet-based services, consistent with 

appropriate security protocols and safeguards, to enable 

connectivity among required users at the Federal, State, 

and local levels; 

(L) allows the full range of analytic and operational activities without the need to centralize information within 

the scope of the information sharing environment; 

(M) permits analysts to collaborate both independently 

and in a group (commonly known as ‘‘collective and noncollective collaboration’’), and across multiple levels of national security information and controlled unclassified information; 

(N) provides a resolution process that enables changes 

by authorized officials regarding rules and policies for the 

access, use, and retention of information within the scope 

of the information sharing environment; and 

(O) incorporates continuous, real-time, and immutable 

audit capabilities, to the maximum extent practicable. 

(c) PRELIMINARY REPORT.—Not later than 180 days after the date 

of the enactment of this Act, the program manager shall, in consultation with the Information Sharing Council— 

(1) submit to the President and Congress a description of the 

technological, legal, and policy issues presented by the creation 

of the ISE, and the way in which these issues will be addressed; 

(2) establish an initial capability to provide electronic directory services, or the functional equivalent, to assist in locating 

in the Federal Government intelligence and terrorism information and people with relevant knowledge about intelligence and 

terrorism information; and 

(3) conduct a review of relevant current Federal agency capabilities, databases, and systems for sharing information. 

(d) GUIDELINES AND REQUIREMENTS.—As soon as possible, but in 

no event later than 270 days after the date of the enactment of this 

Act, the President shall— 

(1) leverage all ongoing efforts consistent with establishing 

the ISE and issue guidelines for acquiring, accessing, sharing, 

and using information, including guidelines to ensure that information is provided in its most shareable form, such as by 

70 

using tearlines to separate out data from the sources and 

methods by which the data are obtained; 

(2) in consultation with the Privacy and Civil Liberties Oversight Board established under section 1061, issue guidelines 

that— 

(A) protect privacy and civil liberties in the development 

and use of the ISE; and 

(B) shall be made public, unless nondisclosure is clearly 

necessary to protect national security; and 

(3) require the heads of Federal departments and agencies to 

promote a culture of information sharing by— 

(A) reducing disincentives to information sharing, including over-classification of information and unnecessary 

requirements for originator approval, consistent with applicable laws and regulations; and 

(B) providing affirmative incentives for information sharing. 

(e) IMPLEMENTATION PLAN REPORT.—Not later than one year 

after the date of the enactment of this Act, the President shall, 

with the assistance of the program manager, submit to Congress a 

report containing an implementation plan for the ISE. The report 

shall include the following: 

(1) A description of the functions, capabilities, resources, and 

conceptual design of the ISE, including standards. 

(2) A description of the impact on enterprise architectures of 

participating agencies. 

(3) A budget estimate that identifies the incremental costs 

associated with designing, testing, integrating, deploying, and 

operating the ISE. 

(4) A project plan for designing, testing, integrating, deploying, and operating the ISE. 

(5) The policies and directives referred to in subsection 

(b)(1)(C), as well as the metrics and enforcement mechanisms 

that will be utilized. 

(6) Objective, systemwide performance measures to enable 

the assessment of progress toward achieving the full implementation of the ISE. 

(7) A description of the training requirements needed to ensure that the ISE will be adequately implemented and properly 

utilized. 

(8) A description of the means by which privacy and civil liberties will be protected in the design and operation of the ISE. 

(9) The recommendations of the program manager, in consultation with the Information Sharing Council, regarding 

whether, and under what conditions, the ISE should be expanded to include other intelligence information. 

(10) A delineation of the roles of the Federal departments 

and agencies that will participate in the ISE, including an 

identification of the agencies that will deliver the infrastructure needed to operate and manage the ISE (as distinct from 

individual department or agency components that are part of 

the ISE), with such delineation of roles to be consistent with— 

(A) the authority of the Director of National Intelligence 

under this title, and the amendments made by this title, 

71 

to set standards for information sharing throughout the intelligence community; and 

(B) the authority of the Secretary of Homeland Security 

and the Attorney General, and the role of the Department 

of Homeland Security and the Department of Justice, in 

coordinating with State, local, and tribal officials and the 

private sector. 

(11) The recommendations of the program manager, in consultation with the Information Sharing Council, for a future 

management structure for the ISE, including whether the position of program manager should continue to remain in existence. 

(f) PROGRAM MANAGER.— 

(1) DESIGNATION.—Not later than 120 days after the date of 

the enactment of this Act, with notification to Congress, the 

President shall designate an individual as the program manager responsible for information sharing across the Federal 

Government. øThe individual designated as the program manager shall serve as program manager until removed from service or replaced by the President (at the President’s sole discretion).¿ Beginning on the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2018, each individual 

designated as the program manager shall be appointed by the 

Director of National Intelligence. The program manager, in consultation with the head of any affected department or agency, 

shall have and exercise governmentwide authority over the 

sharing of information within the scope of the information 

sharing environment, including homeland security information, 

terrorism information, and weapons of mass destruction information, by all Federal departments, agencies, and components, 

irrespective of the Federal department, agency, or component 

in which the program manager may be administratively located, except as otherwise expressly provided by law. 

(2) DUTIES AND RESPONSIBILITIES.— 

(A) IN GENERAL.—The program manager shall, in consultation with the Information Sharing Council— 

(i) plan for and oversee the implementation of, and 

manage, the ISE; 

(ii) assist in the development of policies, as appropriate, to foster the development and proper operation 

of the ISE; 

(iii) consistent with the direction and policies issued 

by the President, the Director of National Intelligence, 

and the Director of the Office of Management and 

Budget, issue governmentwide procedures, guidelines, 

instructions, and functional standards, as appropriate, 

for the management, development, and proper operation of the ISE; 

(iv) identify and resolve information sharing disputes between Federal departments, agencies, and 

components; and 

(v) assist, monitor, and assess the implementation of 

the ISE by Federal departments and agencies to ensure adequate progress, technological consistency and 

72 

policy compliance; and regularly report the findings to 

Congress. 

(B) CONTENT OF POLICIES, PROCEDURES, GUIDELINES, RULES, AND STANDARDS.—The policies, procedures, guidelines, rules, and standards under subparagraph (A)(ii) 

shall— 

(i) take into account the varying missions and security requirements of agencies participating in the ISE; 

(ii) address development, implementation, and oversight of technical standards and requirements; 

(iii) take into account ongoing and planned efforts 

that support development, implementation and management of the ISE; 

(iv) address and facilitate information sharing between and among departments and agencies of the intelligence community, the Department of Defense, the 

homeland security community and the law enforcement community; 

(v) address and facilitate information sharing between Federal departments and agencies and State, 

tribal, and local governments; 

(vi) address and facilitate, as appropriate, information sharing between Federal departments and agencies and the private sector; 

(vii) address and facilitate, as appropriate, information sharing between Federal departments and agencies with foreign partners and allies; and 

(viii) ensure the protection of privacy and civil liberties. 

(g) INFORMATION SHARING COUNCIL.— 

(1) ESTABLISHMENT.—There is established an Information 

Sharing Council that shall assist the President and the program manager in their duties under this section. The Information Sharing Council shall serve until removed from service or 

replaced by the President (at the sole discretion of the President) with a successor body. 

(2) SPECIFIC DUTIES.—In assisting the President and the program manager in their duties under this section, the Information Sharing Council shall— 

(A) advise the President and the program manager in 

developing policies, procedures, guidelines, roles, and 

standards necessary to establish, implement, and maintain 

the ISE; 

(B) work to ensure coordination among the Federal departments and agencies participating in the ISE in the establishment, implementation, and maintenance of the ISE; 

(C) identify and, as appropriate, recommend the consolidation and elimination of current programs, systems, and 

processes used by Federal departments and agencies to 

share information, and recommend, as appropriate, the redirection of existing resources to support the ISE; 

(D) identify gaps, if any, between existing technologies, 

programs and systems used by Federal departments and 

agencies to share information and the parameters of the 

proposed information sharing environment; 

73 

(E) recommend solutions to address any gaps identified 

under subparagraph (D); 

(F) recommend means by which the ISE can be extended 

to allow interchange of information between Federal departments and agencies and appropriate authorities of 

State and local governments; 

(G) assist the program manager in identifying and resolving information sharing disputes between Federal departments, agencies, and components; 

(H) identify appropriate personnel for assignment to the 

program manager to support staffing needs identified by 

the program manager; and 

(I) recommend whether or not, and by which means, the 

ISE should be expanded so as to allow future expansion 

encompassing other relevant categories of information. 

(3) CONSULTATION.—In performing its duties, the Information Sharing Council shall consider input from persons and entities outside the Federal Government having significant experience and expertise in policy, technical matters, and operational matters relating to the ISE. 

(4) INAPPLICABILITY OF FEDERAL ADVISORY COMMITTEE ACT.— The Information Sharing Council (including any subsidiary 

group of the Information Sharing Council) shall not be subject 

to the requirements of the Federal Advisory Committee Act (5 

U.S.C. App.). 

(5) DETAILEES.—Upon a request by the Director of National 

Intelligence, the departments and agencies represented on the 

Information Sharing Council shall detail to the program manager, on a reimbursable basis, appropriate personnel identified 

under paragraph (2)(H). 

(h) PERFORMANCE MANAGEMENT REPORTS.— (1) IN GENERAL.—Not later than two years after the date of 

the enactment of this Act, and not later than June 30 of each 

year thereafter, the President shall submit to Congress a report on the state of the ISE and of information sharing across 

the Federal Government. 

(2) CONTENT.—Each report under this subsection shall include— 

(A) a progress report on the extent to which the ISE has 

been implemented, including how the ISE has fared on the 

performance measures and whether the performance goals 

set in the preceding year have been met; 

(B) objective system-wide performance goals for the following year; 

(C) an accounting of how much was spent on the ISE in 

the preceding year; 

(D) actions taken to ensure that procurement of and investments in systems and technology are consistent with 

the implementation plan for the ISE; 

(E) the extent to which all terrorism watch lists are 

available for combined searching in real time through the 

ISE and whether there are consistent standards for placing individuals on, and removing individuals from, the 

watch lists, including the availability of processes for correcting errors; 

74 

(F) the extent to which State, tribal, and local officials 

are participating in the ISE; 

(G) the extent to which private sector data, including information from owners and operators of critical infrastructure, is incorporated in the ISE, and the extent to which 

individuals and entities outside the government are receiving information through the ISE; 

(H) the measures taken by the Federal government to 

ensure the accuracy of information in the ISE, in particular the accuracy of information about individuals; 

(I) an assessment of the privacy and civil liberties protections of the ISE, including actions taken in the preceding year to implement or enforce privacy and civil liberties protections; and 

(J) an assessment of the security protections used in the 

ISE. 

(i) AGENCY RESPONSIBILITIES.—The head of each department or 

agency that possesses or uses intelligence or terrorism information, 

operates a system in the ISE, or otherwise participates (or expects 

to participate) in the ISE shall— 

(1) ensure full department or agency compliance with information sharing policies, procedures, guidelines, rules, and 

standards established under subsections (b) and (f); 

(2) ensure the provision of adequate resources for systems 

and activities supporting operation of and participation in the 

ISE; 

(3) ensure full department or agency cooperation in the development of the ISE to implement governmentwide information sharing; and 

(4) submit, at the request of the President or the program 

manager, any reports on the implementation of the requirements of the ISE within such department or agency. 

(j) REPORT ON THE INFORMATION SHARING ENVIRONMENT.— 

(1) IN GENERAL.—Not later than 180 days after the date of 

enactment of the Implementing Recommendations of the 9/11 

Commission Act of 2007, the President shall report to the Committee on Homeland Security and Governmental Affairs of the 

Senate, the Select Committee on Intelligence of the Senate, the 

Committee on Homeland Security of the House of Representatives, and the Permanent Select Committee on Intelligence of 

the House of Representatives on the feasibility of— 

(A) eliminating the use of any marking or process (including ‘‘Originator Control’’) intended to, or having the effect of, restricting the sharing of information within the 

scope of the information sharing environment, including 

homeland security information, terrorism information, and 

weapons of mass destruction information, between and 

among participants in the information sharing environment, unless the President has— 

(i) specifically exempted categories of information 

from such elimination; and 

(ii) reported that exemption to the committees of 

Congress described in the matter preceding this subparagraph; and 

75 

(B) continuing to use Federal agency standards in effect 

on such date of enactment for the collection, sharing, and 

access to information within the scope of the information 

sharing environment, including homeland security information, terrorism information, and weapons of mass destruction information, relating to citizens and lawful permanent residents; 

(C) replacing the standards described in subparagraph 

(B) with a standard that would allow mission-based or 

threat-based permission to access or share information 

within the scope of the information sharing environment, 

including homeland security information, terrorism information, and weapons of mass destruction information, for 

a particular purpose that the Federal Government, 

through an appropriate process established in consultation 

with the Privacy and Civil Liberties Oversight Board established under section 1061, has determined to be lawfully permissible for a particular agency, component, or 

employee (commonly known as an ‘‘authorized use’’ standard); and 

(D) the use of anonymized data by Federal departments, 

agencies, or components collecting, possessing, disseminating, or handling information within the scope of the information sharing environment, including homeland security information, terrorism information, and weapons of 

mass destruction information, in any cases in which— 

(i) the use of such information is reasonably expected to produce results materially equivalent to the 

use of information that is transferred or stored in a 

non-anonymized form; and 

(ii) such use is consistent with any mission of that 

department, agency, or component (including any mission under a Federal statute or directive of the President) that involves the storage, retention, sharing, or 

exchange of personally identifiable information. 

(2) DEFINITION.—In this subsection, the term ‘‘anonymized 

data’’ means data in which the individual to whom the data 

pertains is not identifiable with reasonable efforts, including 

information that has been encrypted or hidden through the use 

of other technology. 

(k) ADDITIONAL POSITIONS.—The program manager is authorized 

to hire not more than 40 full-time employees to assist the program 

manager in— 

(1) activities associated with the implementation of the information sharing environment, including— 

(A) implementing the requirements under subsection 

(b)(2); and 

(B) any additional implementation initiatives to enhance 

and expedite the creation of the information sharing environment; and 

(2) identifying and resolving information sharing disputes 

between Federal departments, agencies, and components under 

subsection (f)(2)(A)(iv). 

76 

(l) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section $30,000,000 for each of fiscal years 2008 and 2009. 

* * * * * * * 

NATIONAL SECURITY AGENCY ACT OF 1959 

* * * * * * * 

SEC. 2. (a)(1) There is a Director of the National Security Agency. 

(2) The Director of the National Security Agency shall be appointed by the President, by and with the advice and consent of the 

Senate. 

(3) The Director of the National Security Agency shall be the 

head of the National Security Agency and shall discharge such 

functions and duties as are provided by this Act or otherwise by 

law or executive order. 

(b) There is a Director of Compliance of the National Security 

Agency, who shall be appointed by the Director of the National Security Agency and who shall be responsible for the programs of 

compliance over mission activities of the National Security Agency. 

(c)(1) There is a General Counsel of the National Security Agency. 

(2) The General Counsel of the National Security Agency shall be 

appointed by the President, by and with the advice and consent of 

the Senate. 

* * * * * * * 

ATOMIC ENERGY DEFENSE ACT 

* * * * * * * 

DIVISION D—ATOMIC ENERGY DEFENSE 

PROVISIONS 

* * * * * * * 

TITLE XLV—SAFEGUARDS AND 

SECURITY MATTERS 

* * * * * * * 

Subtitle B—Classified Information 

* * * * * * * 

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

(a) PROVISION OF TRAINING.—The Secretary of Energy shall ensure that all Department of Energy employees and Department of 

Energy contractor employees participating in laboratory-to-laboratory cooperative exchange activities are fully trained in matters reVerDate Sep 11 2014 06:59 Jul 26, 2017 Jkt 069006 PO 00000 Frm 00076 Fmt 6659 Sfmt 6601 E:\HR\OC\HR251.XXX HR251
77 

lating to the protection of classified information and to potential espionage and counterintelligence threats. 

(b) COUNTERING OF ESPIONAGE AND INTELLIGENCE-GATHERING

ABROAD.—(1) The Secretary shall establish a pool of Department 

employees and Department contractor employees who are specially 

trained to counter threats of espionage and intelligence-gathering 

by foreign nationals against Department employees and Department contractor employees who travel abroad for laboratory-to-laboratory exchange activities or other cooperative exchange activities 

on behalf of the Department. 

(2) The Director of Intelligence and Counterintelligence of the Department of Energy may assign at least one employee from the pool 

established under paragraph (1) to accompany a group of Department employees or Department contractor employees who travel to 

any nation designated to be a sensitive country for laboratory-tolaboratory exchange activities or other cooperative exchange activities on behalf of the Department. 

* * * * * * * 

FOREIGN SERVICE ACT OF 1980 

* * * * * * * 

TITLE I—THE FOREIGN SERVICE OF THE UNITED STATES 

* * * * * * * 

CHAPTER 5—CLASSIFICATION OF POSITIONS AND ASSIGNMENTS

* * * * * * * 

SEC. 502. ASSIGNMENTS TO FOREIGN SERVICE POSITIONS.—(a)(1) 

The Secretary (with the concurrence of the agency concerned) may 

assign a member of the Service to any position classified under section 501 in which that member is eligible to serve (other than as 

chief of mission or ambassador at large), and may assign a member 

from one such position to another such position as the needs of the 

Service may require. 

(2) In making assignments under paragraph (1), the Secretary 

shall assure that a member of the Service is not assigned to or prohibited from being assigned to a position at a post in a particular 

geographic area on the basis of the race, ethnicity, or religion of 

that member. 

(3) In making assignments under paragraph (1), and in accordance with section 903, and, if applicable, section 503, the Secretary 

shall assure that a member of the Service may serve at a post for 

a period of not more than six consecutive years. 

(b) Positions designated as Foreign Service positions normally 

shall be filled by the assignment of members of the Service to those 

positions. Subject to that limitation— 

(1) Foreign Service positions may be filled by the assignment 

for specified tours of duty of employees of the Department and, 

under interagency agreements, employees of other agencies; 

and 

(2) Senior Foreign Service positions may also be filled by 

other members of the Service. 

78 

(c) The President may assign a career member of the Service to 

serve as charge ́ d’affaires or otherwise as the head of a mission (or 

as the head of a United States office abroad which is designated 

under section 102(a)(3) by the Secretary of State as diplomatic in 

nature) for such period as the public interest may require. 

(d) The Secretary of State, in conjunction with the heads of the 

other agencies utilizing the Foreign Service personnel system, shall 

implement policies and procedures to insure that Foreign Service 

officers and members of the Senior Foreign Service of all agencies 

are able to compete for chief of mission positions and have opportunities on an equal basis to compete for assignments outside their 

areas of specialization. 

* * * * * * * 

CHAPTER 7—CAREER DEVELOPMENT, TRAINING, AND ORIENTATION

* * * * * * * 

SEC. 702. FOREIGN LANGUAGE REQUIREMENTS.—(a) The Secretary 

shall establish foreign language proficiency requirements for members of the Service who are to be assigned abroad in order that Foreign Service posts abroad will be staffed by individuals having a 

useful knowledge of the language or dialect common to the country 

in which the post is located. 

(b) The Secretary of State shall arrange for appropriate language 

training of members of the Service by the institution or otherwise 

in order to assist in meeting the requirements established under 

subsection (a). 

(c) FOREIGN LANGUAGE DEPLOYMENT REQUIREMENTS.— (1) IN GENERAL.—The Secretary of State, with the assistance 

of other relevant officials, shall require all members of the Service who receive foreign language training in Arabic, Farsi, Chinese (Mandarin or Cantonese), Turkish, Korean, and Japanese 

by the institution or otherwise in accordance with subsection (b) 

to serve three successive tours in positions in which the acquired language is both relevant and determined to be a benefit 

to the Department. 

(2) OVERSEAS DEPLOYMENTS.—In carrying out paragraph (1), 

at least one of the three successive tours referred to in such 

paragraph shall be an overseas deployment. 

(3) WAIVER.—The Secretary of State may waive the application of paragraph (1) for medical or family hardship or in the 

interest of national security. 

(4) CONGRESSIONAL NOTIFICATION.—The Secretary of State 

shall notify the Committees on Appropriations and Foreign Affairs of the House of Representatives and Committees on Appropriations and Foreign Relations of the Senate at the end of each 

fiscal year of any instances during the prior twelve months in 

which the waiver authority described in paragraph (3) was invoked. 

ø(c)¿ (d) Not later than January 31 of each year, the Director 

General of the Foreign Service shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on 

International Relations of the House of Representatives summarizing the number of positions in each overseas mission requiring 

foreign language competence that— 

79 

(1) became vacant during the previous fiscal year; and 

(2) were filled by individuals having the required foreign language competence. 

* * * * * * * 

DISCLOSURE OF DIRECTED RULE MAKING

H.R. 3180 does not specifically direct any rule makings within 

the meaning of 5 U.S.C. 551. 

DUPLICATION OF FEDERAL PROGRAMS

H.R. 3180 does not duplicate or reauthorize an established program of the Federal Government known to be duplicative of another Federal program, a program that was included in any report 

from the Government Accountability Office to Congress pursuant to 

section 21 of Public Law 111–139, or a program related to a program identified in the most recent Catalog of Federal Domestic Assistance. 

(80) 

MINORITY VIEWS 

The Committee’s Minority Members support the Intelligence Authorization Act for Fiscal Year 2018, a bipartisan measure which 

the Committee approved by a unanimous voice vote on July 13, 

2017. 

Below are Minority Views which highlight some of the legislation’s significant features, as well as oversight issues of ongoing 

Minority interest. 

Countering Russia and protecting U.S. elections 

A longstanding and bipartisan Committee initiative has been 

countering the threat posed by the Russian government—a threat 

well recognized by the prior Administration, as reflected in its resource requests to the Committee. The FY18 IAA contains strong 

provisions regarding the Russian government, many of which were 

authored by Minority Members. This includes language requiring 

the Director of National Intelligence to make publicly available a 

report on foreign cybersecurity and counterintelligence threats to 

campaigns for federal office, and a provision requiring an assessment of any Russian government influence campaigns directed at 

elections or referenda in foreign states. 

The IAA does not comment on Russian Federation President 

Putin and President Trump’s reported discussion of establishing a 

framework for bilateral cooperation on cybersecurity issues and 

non-interference in states’ internal affairs. But the Russian government has a well-established track record of interfering in those affairs, whether through cyberattacks or other means. According to 

a January 2017 declassified U.S. Intelligence Community assessment, Putin himself ‘‘ordered an influence campaign in 2016 aimed 

at the US presidential election.’’ Part of that campaign comprised 

cyber intrusions directed against U.S. political organizations. 

We thus can be certain that Moscow will exploit the Trump Administration’s openness to cooperation with Russia’s government, 

possibly on cyber issues or other matters; and just as certain that 

Moscow will view the Administration’s equivocation about the Russian government’s responsibility for the cyberattack on our 2016 

election as a passive acceptance or, worse, a validation of its assault on the United States’ democratic process. 

The Committee will continue to closely oversee the Administration’s activities, and will ensure that the White House does not reward Moscow’s misconduct. 

Ensuring the effectiveness, transparency and legitimacy of U.S. 

counterterrorism activities 

The Committee Report to the FY18 IAA contains important language furthering this Minority priority. This language obligates the 

Director of National Intelligence to notify the intelligence commitVerDate Sep 11 2014 06:59 Jul 26, 2017 Jkt 069006 PO 00000 Frm 00080 Fmt 6604 Sfmt 6604 E:\HR\OC\HR251.XXX HR251
81 

tees five days after any changes are made to important Presidential Policy Guidance (PPG) regarding direct action against terrorists outside of warzones, or to any successor guidance. The PPG 

is one part of a legal and policy architecture developed by the prior 

Administration, which has served to maximize the effectiveness, 

transparency and legitimacy of U.S. counterterrorism activities— 

and for which Minority will continue to advocate forcefully. 

The Committee Report language is thus a positive step. But Congress can and should go further to lock in and refine the prior Administration’s counterterrorism reforms. In particular, the notification requirement described above ought to be codified in statute. 

Congress likewise should make permanent, and build upon, an important Obama Administration executive order that called for the 

public release of substantial data on the total number of combatants and noncombatant civilians killed or injured as a result of 

counterterrorism action. 

Understanding the intelligence implications of climate change 

President Trump’s FY18 budget request sought no resources at 

all with respect to the intelligence aspects of climate change—part 

of his Administration’s shortsighted effort to deny a broad and empirically-based consensus among scientists. 

The ongoing, global rise in temperatures, brought about and accelerated by human activity, has serious implications for U.S. national security. Whole populations—some in areas of strategic importance to the United States—will be forced to relocate. Rising sea 

levels and hotter climates will cause food and water shortages. 

Conflicts not yet considered may appear along traditional fault 

lines, or new ones. 

The Intelligence Community, and U.S. policymakers, must not ignore these intelligence challenges. Instead we must be positioned 

to understand and respond to them. The Minority will continue to 

press the Congress and the Administration to give the IC the resources necessary to do so on issues related to climate change. 

Encouraging and protecting lawful Intelligence Community whistleblowing 

The FY18 IAA enhances the ability of Intelligence Community 

contractors to communicate with the intelligence committees unilaterally—by proclaiming that an IC element cannot condition its 

contractor’s approach to those committees on the element’s prior 

approval, otherwise prohibit the contractor from meeting or communicating with the committees, or take adverse action against the 

contractor as a consequence of such a meeting or communication. 

This language builds on provisions in recent IAAs, which have enhanced the intelligence committees’ ability to detect and stamp out 

waste, fraud and abuse, and codified protections for IC whistleblowers. 

Last fiscal year’s IAA directed the Inspector General of the Intelligence Community to study and report back on the challenges and 

potential benefits associated with applying the same protections to 

employees of IC contractors as apply to IC employees under existing law. The Committee looks forward to the results of this review, 

and to taking appropriate action. 

82 

The Minority will continue to do its utmost to ensure that whistleblowers are encouraged to come forward through lawful channels, and that they are protected from reprisals. 

Supporting the Privacy and Civil Liberties Oversight Board 

The Privacy and Civil Liberties Board has long played a critical 

role in ensuring that the Nation’s counterterrorism programs vigorously safeguard civil liberties while also protecting the American 

people. Among other things, the Board’s widely-noted report, affirming the value and lawfulness of IC activities conducted under 

Section 702 of the Foreign Intelligence Surveillance Act, was especially useful in explaining Section 702’s mechanics and operation to 

Congress and the public. The report has proven to be a valuable 

resource, in advance of Section 702’s coming reauthorization later 

this year. 

Unfortunately, the Board currently has only one Member serving: The position of Chair is vacant, as are positions for three other 

Members. This greatly impairs the Board’s functioning, and hampers its ability to conduct necessary oversight. The Minority therefore urges the Administration to nominate qualified personnel to 

the Board immediately, and will continue to support the Board’s 

important oversight work. 

ADAM B. SCHIFF, Ranking Member. 

JAMES A. HIMES. TERRI A. SEWELL. ANDRE ́ CARSON. JACKIE SPEIER. MIKE QUIGLEY. 

ERIC SWALWELL. 

JOAQUIN CASTRO. DENNY HECK. 

Æ