II 

Calendar No. 207 

115TH CONGRESS 

1ST SESSION S. 1761 

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. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 18, 2017 

Mr. BURR, from the Select Committee on Intelligence of the Senate, reported, 

under authority of the order of the Senate of August 3, 2017, the following original bill; which was read twice and placed on the calendar 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Intelligence Authorization Act for Fiscal Year 2018’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

TITLE I—INTELLIGENCE ACTIVITIES 

Sec. 101. Authorization of appropriations. 

Sec. 102. Classified Schedule of Authorizations. 

Sec. 103. Personnel ceiling adjustments. 

Sec. 104. Intelligence Community Management Account. 

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 

DISABILITY SYSTEM 

Sec. 201. Authorization of appropriations. 

TITLE III—GENERAL INTELLIGENCE COMMUNITY MATTERS 

Sec. 301. Restriction on conduct of intelligence activities. 

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

Sec. 303. Modification of special pay authority for science, technology, engineering, or mathematics positions and addition of special pay 

authority for cyber positions. 

Sec. 304. Director of National Intelligence review of placement of positions 

within the intelligence community on the Executive Schedule. 

Sec. 305. Modification of appointment of Chief Information Officer of the Intelligence Community. 

Sec. 306. Supply Chain and Counterintelligence Risk Management Task Force. 

Sec. 307. Inspector General of the Intelligence Community auditing authority. 

Sec. 308. Inspectors General studies on classification. 

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE 

INTELLIGENCE COMMUNITY 

Subtitle A—Office of the Director of National Intelligence 

Sec. 401. Authority for the protection of current and former employees of the 

Office of the Director of National Intelligence. 

Sec. 402. Information sharing with State election officials. 

Sec. 403. Technical modification to the Executive Schedule. 

Sec. 404. Modification to the designation of the program manager-information 

sharing environment. 

Subtitle B—Central Intelligence Agency 

Sec. 411. Repeal of foreign language proficiency requirement for certain senior 

level positions in the Central Intelligence Agency. 

Subtitle C—Other Elements 

Sec. 421. Designation of the Counterintelligence Directorate of the Defense Security Service as an element of the intelligence community. 

TITLE V—SECURING ENERGY INFRASTRUCTURE 


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Sec. 501. Short title. 

Sec. 502. Definitions. 

Sec. 503. Pilot program for securing energy infrastructure. 

Sec. 504. Working group to evaluate program standards and develop strategy. 

Sec. 505. Reports on the Program. 

Sec. 506. No new regulatory authority for Federal agencies. 

Sec. 507. Exemption from disclosure. 

Sec. 508. Protection from liability. 

Sec. 509. Authorization of appropriations. 

TITLE VI—REPORTS AND OTHER MATTERS 

Sec. 601. Technical correction to Inspector General study. 

Sec. 602. Governance for security clearance, suitability and fitness for employment, and credentialing. 

Sec. 603. Process for security clearances. 

Sec. 604. Reports on the vulnerabilities equities policy and process of the Federal Government. 

Sec. 605. Bug bounty programs. 

Sec. 606. Report on cyber attacks by foreign governments against United 

States election infrastructure. 

Sec. 607. Review of intelligence community’s posture to collect against and analyze Russian efforts to influence the presidential election. 

Sec. 608. Assessment of foreign intelligence threats to Federal elections. 

Sec. 609. Strategy for countering Russian cyber threats to United States elections. 

Sec. 610. Limitation relating to establishment or support of cyber security unit 

with the Government of Russia. 

Sec. 611. Report on returning Russian compounds. 

Sec. 612. Intelligence community assessment on threat of Russian money laundering to the United States. 

Sec. 613. Notification of an active measures campaign. 

Sec. 614. Notification of travel by accredited diplomatic and consular personnel 

of the Russian Federation in the United States. 

Sec. 615. Modification of certain reporting requirement on travel of foreign diplomats. 

Sec. 616. Semiannual report on referrals to Department of Justice by elements 

of the intelligence community regarding unauthorized disclosure of classified information. 

Sec. 617. Notifications of designation of an intelligence officer as a persona non 

grata. 

Sec. 618. Biennial report on foreign investment risks. 

Sec. 619. Report on surveillance by foreign governments against United States 

telecommunications networks. 

Sec. 620. Reports on authorities of the Chief Intelligence Officer of the Department of Homeland Security. 

Sec. 621. Report on geospatial commercial activities for basic and applied research and development. 

Sec. 622. Technical amendments related to the Department of Energy. 

Sec. 623. Sense of Congress on WikiLeaks. 

1 SEC. 2. DEFINITIONS. 

2 In this Act: 


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1 (1) CONGRESSIONAL INTELLIGENCE COMMIT2 TEES.—The term ‘‘congressional intelligence com3 mittees’’ means— 

4 (A) the Select Committee on Intelligence of 

5 the Senate; and 

6 (B) the Permanent Select Committee on 

7 Intelligence of the House of Representatives. 

8 (2) INTELLIGENCE COMMUNITY.—The term 

9 ‘‘intelligence community’’ has the meaning given 

10 that term in section 3 of the National Security Act 

11 of 1947 (50 U.S.C. 3003). 

12 TITLE I—INTELLIGENCE 

13 ACTIVITIES 

14 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

15 Funds are hereby authorized to be appropriated for 

16 fiscal year 2018 for the conduct of the intelligence and 

17 intelligence-related activities of the following elements of 

18 the United States Government: 

19 (1) The Office of the Director of National Intel20 ligence. 

21 (2) The Central Intelligence Agency. 

22 (3) The Department of Defense. 

23 (4) The Defense Intelligence Agency. 

24 (5) The National Security Agency. 


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1 (6) The Department of the Army, the Depart2 ment of the Navy, and the Department of the Air 

3 Force. 

4 (7) The Coast Guard. 

5 (8) The Department of State. 

6 (9) The Department of the Treasury. 

7 (10) The Department of Energy. 

8 (11) The Department of Justice. 

9 (12) The Federal Bureau of Investigation. 

10 (13) The Drug Enforcement Administration. 

11 (14) The National Reconnaissance Office. 

12 (15) The National Geospatial-Intelligence Agen13 cy. 

14 (16) The Department of Homeland Security. 

15 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

16 (a) SPECIFICATIONS OF AMOUNTS.—The amounts 

17 authorized to be appropriated under section 101 and, sub18 ject to section 103, the authorized personnel ceilings as 

19 of September 30, 2018, for the conduct of the intelligence 

20 activities of the elements listed in paragraphs (1) through 

21 (16) of section 101, are those specified in the classified 

22 Schedule of Authorizations prepared to accompany this 

23 Act. 

24 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU25 THORIZATIONS.— 


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1 (1) AVAILABILITY.—The classified Schedule of 

2 Authorizations referred to in subsection (a) shall be 

3 made available to the Committee on Appropriations 

4 of the Senate, the Committee on Appropriations of 

5 the House of Representatives, and the President. 

6 (2) DISTRIBUTION BY THE PRESIDENT.—Sub7 ject to paragraph (3), the President shall provide for 

8 suitable distribution of the classified Schedule of Au9 thorizations referred to in subsection (a), or of ap10 propriate portions of such Schedule, within the exec11 utive branch. 

12 (3) LIMITS ON DISCLOSURE.—The President 

13 shall not publicly disclose the classified Schedule of 

14 Authorizations or any portion of such Schedule ex15 cept— 

16 (A) as provided in section 601(a) of the 

17 Implementing Recommendations of the 9/11 

18 Commission Act of 2007 (50 U.S.C. 3306(a)); 

19 (B) to the extent necessary to implement 

20 the budget; or 

21 (C) as otherwise required by law. 

22 SEC. 103. PERSONNEL CEILING ADJUSTMENTS. 

23 (a) AUTHORITY FOR INCREASES.—The Director of 

24 National Intelligence may authorize employment of civil25 ian personnel in excess of the number authorized for fiscal 


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1 year 2018 by the classified Schedule of Authorizations re2 ferred to in section 102(a) if the Director of National In3 telligence determines that such action is necessary to the 

4 performance of important intelligence functions, except 

5 that the number of personnel employed in excess of the 

6 number authorized under such section may not, for any 

7 element of the intelligence community, exceed— 

8 (1) 3 percent of the number of civilian per9 sonnel authorized under such schedule for such ele10 ment; or 

11 (2) 10 percent of the number of civilian per12 sonnel authorized under such schedule for such ele13 ment for the purposes of converting the performance 

14 of any function by contractors to performance by ci15 vilian personnel. 

16 (b) TREATMENT OF CERTAIN PERSONNEL.—The Di17 rector of National Intelligence shall establish guidelines 

18 that govern, for each element of the intelligence commu19 nity, the treatment under the personnel levels authorized 

20 under section 102(a), including any exemption from such 

21 personnel levels, of employment or assignment in— 

22 (1) a student program, trainee program, or 

23 similar program; 

24 (2) a reserve corps or as a reemployed annu25 itant; or 


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

2 training. 

3 (c) NOTICE TO CONGRESSIONAL INTELLIGENCE

4 COMMITTEES.—Not later than 15 days prior to the exer5 cise of an authority described in subsection (a), the Direc6 tor of National Intelligence shall submit to the congres7 sional intelligence committees— 

8 (1) a written notice of the exercise of such au9 thority; and 

10 (2) in the case of an exercise of such authority 

11 subject to the limitation in subsection (a)(2), a writ12 ten justification for the contractor conversion that 

13 includes a comparison of whole of government costs. 

14 SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT AC15 COUNT. 

16 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated for the Intelligence Commu18 nity Management Account of the Director of National In19 telligence for fiscal year 2018 the sum of $550,200,000. 

20 Within such amount, funds identified in the classified 

21 Schedule of Authorizations referred to in section 102(a) 

22 for advanced research and development shall remain avail23 able until September 30, 2019. 

24 (b) AUTHORIZED PERSONNEL LEVELS.—The ele25 ments within the Intelligence Community Management 


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1 Account of the Director of National Intelligence are au2 thorized 797 positions as of September 30, 2018. Per3 sonnel serving in such elements may be permanent em4 ployees of the Office of the Director of National Intel5 ligence or personnel detailed from other elements of the 

6 United States Government. 

7 (c) CLASSIFIED AUTHORIZATIONS.— 

8 (1) AUTHORIZATION OF APPROPRIATIONS.—In 

9 addition to amounts authorized to be appropriated 

10 for the Intelligence Community Management Ac11 count by subsection (a), there are authorized to be 

12 appropriated for the Intelligence Community Man13 agement Account for fiscal year 2018 such addi14 tional amounts as are specified in the classified 

15 Schedule of Authorizations referred to in section 

16 102(a). Such additional amounts made available for 

17 advanced research and development shall remain 

18 available until September 30, 2019. 

19 (2) AUTHORIZATION OF PERSONNEL.—In addi20 tion to the personnel authorized by subsection (b) 

21 for elements of the Intelligence Community Manage22 ment Account as of September 30, 2018, there are 

23 authorized such additional personnel for the Com24 munity Management Account as of that date as are 


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1 specified in the classified Schedule of Authorizations 

2 referred to in section 102(a). 

3 TITLE II—CENTRAL INTEL4 LIGENCE AGENCY RETIRE5 MENT AND DISABILITY SYS6 TEM 

7 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

8 There is authorized to be appropriated for the Cen9 tral Intelligence Agency Retirement and Disability Fund 

10 for fiscal year 2018 the sum of $514,000,000. 

11 TITLE III—GENERAL INTEL12 LIGENCE COMMUNITY MAT13 TERS 

14 SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE 

15 ACTIVITIES. 

16 The authorization of appropriations by this Act shall 

17 not be deemed to constitute authority for the conduct of 

18 any intelligence activity which is not otherwise authorized 

19 by the Constitution or the laws of the United States. 

20 SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND 

21 BENEFITS AUTHORIZED BY LAW. 

22 Appropriations authorized by this Act for salary, pay, 

23 retirement, and other benefits for Federal employees may 

24 be increased by such additional or supplemental amounts 


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1 as may be necessary for increases in such compensation 

2 or benefits authorized by law. 

3 SEC. 303. MODIFICATION OF SPECIAL PAY AUTHORITY FOR 

4 SCIENCE, TECHNOLOGY, ENGINEERING, OR 

5 MATHEMATICS POSITIONS AND ADDITION OF 

6 SPECIAL PAY AUTHORITY FOR CYBER POSI7 TIONS. 

8 (a) IN GENERAL.—Section 113B of the National Se9 curity Act of 1947 (50 U.S.C. 3049a) is amended— 

10 (1) by amending subsection (a) to read as fol11 lows: 

12 ‘‘(a) SPECIAL RATES OF PAY FOR POSITIONS RE13 QUIRING EXPERTISE IN SCIENCE, TECHNOLOGY, ENGI14 NEERING, OR MATHEMATICS.— 

15 ‘‘(1) IN GENERAL.—Notwithstanding part III 

16 of title 5, United States Code, the head of each ele17 ment of the intelligence community may, for 1 or 

18 more categories of positions in such element that re19 quire expertise in science, technology, engineering, 

20 or mathematics (STEM)— 

21 ‘‘(A) establish higher minimum rates of 

22 pay; and 

23 ‘‘(B) make corresponding increases in all 

24 rates of pay of the pay range for each grade or 


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1 level, subject to subsection (b) or (c), as appli2 cable. 

3 ‘‘(2) TREATMENT.—The special rate supple4 ments resulting from the establishment of higher 

5 rates under paragraph (1) shall be basic pay for the 

6 same or similar purposes as those specified in sec7 tion 5305(j) of title 5, United States Code.’’; 

8 (2) by striking subsection (f); 

9 (3) by redesignating subsections (b) through (e) 

10 as subsections (c) through (f), respectively; 

11 (4) by inserting after subsection (a) the fol12 lowing: 

13 ‘‘(b) SPECIAL RATES OF PAY FOR CYBER POSI14 TIONS.— 

15 ‘‘(1) IN GENERAL.—Notwithstanding subsection 

16 (c), the Director of the National Security Agency 

17 may establish a special rate of pay— 

18 ‘‘(A) not to exceed the rate of basic pay 

19 payable for level II of the Executive Schedule 

20 under section 5313 of title 5, United States 

21 Code, if the Director certifies to the Under Sec22 retary of Defense for Intelligence, in consulta23 tion with the Under Secretary of Defense for 

24 Personnel and Readiness, that the rate of pay 


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1 is for positions that perform functions that exe2 cute the cyber mission of the Agency; or 

3 ‘‘(B) not to exceed the rate of basic pay 

4 payable for the Vice President of the United 

5 States under section 104 of title 3, United 

6 States Code, if the Director certifies to the Sec7 retary of Defense, by name, individuals that 

8 have advanced skills and competencies and that 

9 perform critical functions that execute the cyber 

10 mission of the Agency. 

11 ‘‘(2) PAY LIMITATION.—Employees receiving a 

12 special rate under paragraph (1) shall be subject to 

13 an aggregate pay limitation that parallels the limita14 tion established in section 5307 of title 5, United 

15 States Code, except that— 

16 ‘‘(A) any allowance, differential, bonus, 

17 award, or other similar cash payment in addi18 tion to basic pay that is authorized under title 

19 10, United States Code, (or any other applica20 ble law in addition to title 5 of such Code, ex21 cluding the Fair Labor Standards Act) shall 

22 also be counted as part of aggregate compensa23 tion; and 

24 ‘‘(B) aggregate compensation may not ex25 ceed the rate established for the Vice President 


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1 of the United States under section 104 of title 

2 3, United States Code. 

3 ‘‘(3) LIMITATION ON NUMBER OF RECIPI4 ENTS.—The number of individuals who receive basic 

5 pay established under paragraph (1)(B) may not ex6 ceed 100 at any time. 

7 ‘‘(4) LIMITATION ON USE AS COMPARATIVE

8 REFERENCE.—Notwithstanding any other provision 

9 of law, special rates of pay and the limitation estab10 lished under paragraph (1)(B) may not be used as 

11 comparative references for the purpose of fixing the 

12 rates of basic pay or maximum pay limitations of 

13 qualified positions under section 1599f of title 10, 

14 United States Code, or section 226 of the Homeland 

15 Security Act of 2002 (6 U.S.C. 147).’’; and 

16 (5) in subsection (c), as redesignated by para17 graph (3), by striking ‘‘A minimum’’ and inserting 

18 ‘‘Except as provided in subsection (b), a minimum’’. 

19 (b) SPECIAL RATES FOR CYBER EMPLOYEES UNDER

20 TITLE 5.—Section 5305 of title 5, United States Code, 

21 is amended— 

22 (1) in subsection (g)(1), by striking ‘‘subsection 

23 (h)’’ and inserting ‘‘subsections (h) and (k)’’; and 

24 (2) by adding at the end the following sub25 sections: 


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1 ‘‘(k)(1) Notwithstanding the rate limitations set forth 

2 in subsections (a)(1) and (g)(2), the Office of Personnel 

3 Management may establish under this section a rate of 

4 pay that does not exceed the rate of basic pay payable 

5 for level II of the Executive Schedule under section 5313 

6 for employees in positions that perform functions that exe7 cute a cyber mission and who are certified to have speci8 fied skills and competencies. 

9 ‘‘(2) Payments under subsection (g)(1) may not be 

10 made to an employee receiving a rate of pay established 

11 under this section and described in paragraph (1) of this 

12 subsection if, or to the extent that, when added to basic 

13 pay otherwise payable, such payments would cause the 

14 total to exceed the rate of basic pay payable for level II 

15 of the Executive Schedule under section 5313. 

16 ‘‘(l) An employee who is subject to a reduction or ter17 mination of a special rate of pay established under this 

18 section due to not maintaining a required skill or com19 petency certification, or due to not obtaining a revised skill 

20 or competency certification, shall not be entitled to pay 

21 retention under section 5363 based on any resulting re22 duction in pay.’’. 


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1 SEC. 304. DIRECTOR OF NATIONAL INTELLIGENCE REVIEW 

2 OF PLACEMENT OF POSITIONS WITHIN THE 

3 INTELLIGENCE COMMUNITY ON THE EXECU4 TIVE SCHEDULE. 

5 The Director of National Intelligence shall conduct 

6 a review of positions within the intelligence community re7 garding the placement of such positions on the Executive 

8 Schedule under subchapter II of chapter 53 of title 5, 

9 United States Code. In carrying out such review, the Di10 rector shall determine— 

11 (1) which positions should or should not be on 

12 the Executive Schedule; and 

13 (2) for those positions that should be on the 

14 Executive Schedule, the level of the Executive 

15 Schedule at which such positions should be placed. 

16 SEC. 305. MODIFICATION OF APPOINTMENT OF CHIEF IN17 FORMATION OFFICER OF THE INTELLIGENCE 

18 COMMUNITY. 

19 Section 103G(a) of the National Security Act of 1947 

20 (50 U.S.C. 3032(a)) is amended by striking ‘‘President’’ 

21 and inserting ‘‘Director’’. 

22 SEC. 306. SUPPLY CHAIN AND COUNTERINTELLIGENCE 

23 RISK MANAGEMENT TASK FORCE. 

24 (a) REQUIREMENT TO ESTABLISH.—The Director of 

25 National Intelligence shall establish a Supply Chain and 

26 Counterintelligence Risk Management Task Force to 


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1 standardize information sharing between the intelligence 

2 community and the acquisition community of the Govern3 ment of the United States with respect to the supply chain 

4 and counterintelligence risks. 

5 (b) MEMBERS.—The Supply Chain and Counterintel6 ligence Risk Management Task Force shall be composed 

7 of— 

8 (1) a representative of the Defense Security 

9 Service; 

10 (2) a representative of the General Services Ad11 ministration; 

12 (3) a representative of the Office of Federal 

13 Procurement Policy of the Office of Management 

14 and Budget; and 

15 (4) any other members the Director of National 

16 Intelligence determines appropriate. 

17 (c) SECURITY CLEARANCES.—Each member of the 

18 Supply Chain and Counterintelligence Risk Management 

19 Task Force shall have a security clearance at the Top Se20 cret and Sensitive Compartmented Information level. 

21 (d) ANNUAL REPORT.—The Supply Chain and Coun22 terintelligence Risk Management Task Force shall submit 

23 to the congressional intelligence committees an annual re24 port that describes the activities of the Task Force during 

25 the previous year, including identification of the supply 


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1 chain and counterintelligence risks shared with the acqui2 sition community of the Government of the United States 

3 by the intelligence community. 

4 SEC. 307. INSPECTOR GENERAL OF THE INTELLIGENCE 

5 COMMUNITY AUDITING AUTHORITY. 

6 Section 103H(j)(2)(A) of the National Security Act 

7 of 1947 (50 U.S.C. 3033(j)(2)(A)) is amended— 

8 (1) by striking ‘‘law and the policies of the Di9 rector of National Intelligence,’’ and inserting 

10 ‘‘law,’’; and 

11 (2) by striking ‘‘General.’’ and inserting ‘‘Gen12 eral and is authorized to obtain the temporary or 

13 intermittent services of experts or consultants or an 

14 organization thereof.’’. 

15 SEC. 308. INSPECTORS GENERAL STUDIES ON CLASSIFICA16 TION. 

17 (a) REQUIREMENT FOR STUDY.—Not later than Oc18 tober 1, 2019, each Inspector General listed in subsection 

19 (b) shall carry out and submit to the congressional intel20 ligence committees a report on the following: 

21 (1) A study of the application of classification 

22 and handling markers on a representative sample of 

23 finished reports, including compartments. 

24 (2) A study analyzing compliance with declas25 sification procedures. 


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1 (3) A study on reviewing processes for identi2 fying topics of public or historical importance that 

3 merit prioritization for a declassification review. 

4 (b) INSPECTORS GENERAL.—The Inspectors General 

5 listed in this subsection are as follows: 

6 (1) The Inspector General of the Intelligence 

7 Community. 

8 (2) The Inspector General of the Central Intel9 ligence Agency. 

10 (3) The Inspector General of the National Se11 curity Agency. 

12 (4) The Inspector General of the Defense Intel13 ligence Agency. 

14 (5) The Inspector General of the National Re15 connaissance Office. 

16 (6) The Inspector General of the National 

17 Geospatial-Intelligence Agency. 


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1 TITLE IV—MATTERS RELATING 

2 TO ELEMENTS OF THE INTEL3 LIGENCE COMMUNITY 

4 Subtitle A—Office of the Director 

5 of National Intelligence 

6 SEC. 401. AUTHORITY FOR THE PROTECTION OF CURRENT 

7 AND FORMER EMPLOYEES OF THE OFFICE 

8 OF THE DIRECTOR OF NATIONAL INTEL9 LIGENCE. 

10 Section 5(a)(4) of the Central Intelligence Agency 

11 Act of 1949 (50 U.S.C. 3506(a)(4)) is amended by strik12 ing ‘‘such personnel of the Office of the Director of Na13 tional Intelligence as the Director of National Intelligence 

14 may designate;’’ and inserting ‘‘current and former per15 sonnel of the Office of the Director of National Intel16 ligence and their immediate families as the Director of Na17 tional Intelligence may designate;’’. 

18 SEC. 402. INFORMATION SHARING WITH STATE ELECTION 

19 OFFICIALS. 

20 (a) SECURITY CLEARANCES.— 

21 (1) IN GENERAL.—Not later than 30 days after 

22 the date of the enactment of this Act, the Director 

23 of National Intelligence shall sponsor a security 

24 clearance up to the top secret level for each eligible 

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1 lumbia, and up to one eligible designee of such an 

2 election official, at the time that he or she assumes 

3 such position. 

4 (2) DETERMINATION OF LEVELS.— 

5 (A) IN GENERAL.—The Director shall de6 termine the level of clearances for the positions 

7 described in paragraph (1). 

8 (B) INTERIM CLEARANCES.—The Director 

9 may issue interim clearances, for a period to be 

10 determined by the Director, to a chief election 

11 official as described in paragraph (1) and up to 

12 one designee of such official under such para13 graph. 

14 (b) INFORMATION SHARING.— 

15 (1) IN GENERAL.—The Director shall share ap16 propriate classified information related to threats to 

17 election systems and to the integrity of the election 

18 process with chief election officials and such des19 ignees who have received a security clearance under 

20 subsection (a). 

21 (2) REPORTS.—The Director shall transmit re22 ports on such information sharing to the respective 

23 affected Secretary of State or States. 

24 (c) STATE DEFINED.—In this section, the term 

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1 trict of Columbia, the Commonwealth of Puerto Rico, and 

2 any territory or possession of the United States. 

3 SEC. 403. TECHNICAL MODIFICATION TO THE EXECUTIVE 

4 SCHEDULE. 

5 Section 5313 of title 5, United States Code, is 

6 amended by adding at the end the following: 

7 ‘‘Director of the National Counterintelligence 

8 and Security Center.’’. 

9 SEC. 404. MODIFICATION TO THE DESIGNATION OF THE 

10 PROGRAM MANAGER-INFORMATION SHARING 

11 ENVIRONMENT. 

12 (a) INFORMATION SHARING ENVIRONMENT.—Sec13 tion 1016(b) of the Intelligence Reform and Terrorism 

14 Prevention Act of 2004 (6 U.S.C. 485(b)) is amended— 

15 (1) in paragraph (1), by striking ‘‘President’’ 

16 and inserting ‘‘Director of National Intelligence’’; 

17 and 

18 (2) in paragraph (2), by striking ‘‘President’’ 

19 both places that term appears and inserting ‘‘Direc20 tor of National Intelligence’’. 

21 (b) PROGRAM MANAGER.—Section 1016(f) of the In22 telligence Reform and Terrorism Prevention Act of 2004 

23 (6 U.S.C. 485(f)) is amended by striking ‘‘The individual 

24 designated as the program manager shall serve as pro25 gram manager until removed from service or replaced by 


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1 the President (at the President’s sole discretion).’’ and in2 serting ‘‘Beginning on the date of the enactment of the 

3 Intelligence Authorization Act for Fiscal Year 2018, each 

4 individual designated as the program manager shall be ap5 pointed by the Director of National Intelligence.’’. 

6 Subtitle B—Central Intelligence 

7 Agency 

8 SEC. 411. REPEAL OF FOREIGN LANGUAGE PROFICIENCY 

9 REQUIREMENT FOR CERTAIN SENIOR LEVEL 

10 POSITIONS IN THE CENTRAL INTELLIGENCE 

11 AGENCY. 

12 (a) REPEAL OF FOREIGN LANGUAGE PROFICIENCY

13 REQUIREMENT.—Section 104A of the National Security 

14 Act of 1947 (50 U.S.C. 3036) is amended by striking sub15 section (g). 

16 (b) CONFORMING REPEAL OF REPORT REQUIRE17 MENT.—Section 611 of the Intelligence Authorization Act 

18 for Fiscal Year 2005 (Public Law 108–487) is amended 

19 by striking subsection (c). 


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1 Subtitle C—Other Elements 

2 SEC. 421. DESIGNATION OF THE COUNTERINTELLIGENCE 

3 DIRECTORATE OF THE DEFENSE SECURITY 

4 SERVICE AS AN ELEMENT OF THE INTEL5 LIGENCE COMMUNITY. 

6 (a) DESIGNATION.—Paragraph (4) of section 3 of the 

7 National Security Act of 1947 (50 U.S.C. 3003(4)) is 

8 amended— 

9 (1) by redesignating subparagraphs (H) 

10 through (L) as subparagraphs (I) through (M), re11 spectively; and 

12 (2) by inserting after subparagraph (G) the fol13 lowing: 

14 ‘‘(H) The Counterintelligence Directorate 

15 of the Defense Security Service of the Depart16 ment of Defense.’’. 

17 (b) APPLICATION OF LAWS, REGULATIONS, RULES, 

18 AND POLICIES.—Beginning on the date of the enactment 

19 of this Act, any law, regulation, rule, or policy that applies 

20 to the elements of the intelligence community, as defined 

21 in section 3 of the National Security Act of 1947 (50 

22 U.S.C. 3303), shall apply to the Counterintelligence Direc23 torate of the Defense Security Service of the Department 

24 of Defense. 


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1 TITLE V—SECURING ENERGY 

2 INFRASTRUCTURE 

3 SEC. 501. SHORT TITLE. 

4 This title may be cited as the ‘‘Securing Energy In5 frastructure Act of 2017’’. 

6 SEC. 502. DEFINITIONS. 

7 In this title: 

8 (1) COVERED ENTITY.—The term ‘‘covered en9 tity’’ means an entity identified pursuant to section 

10 9(a) of Executive Order 13636 of February 12, 

11 2013 (78 Fed. Reg. 11742) relating to identification 

12 of critical infrastructure where a cybersecurity inci13 dent could reasonably result in catastrophic regional 

14 or national effects on public health or safety, eco15 nomic security, or national security. 

16 (2) DIRECTOR.—Except as otherwise specifi17 cally provided, the term ‘‘Director’’ means the Direc18 tor of Intelligence and Counterintelligence of the De19 partment of Energy. 

20 (3) EXPLOIT.—The term ‘‘exploit’’ means a 

21 software tool designed to take advantage of a secu22 rity vulnerability. 

23 (4) INDUSTRIAL CONTROL SYSTEM.— 

24 (A) IN GENERAL.—The term ‘‘industrial 

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1 nology used to measure, control, or manage in2 dustrial functions. 

3 (B) INCLUSIONS.—The term ‘‘industrial 

4 control system’’ includes supervisory control 

5 and data acquisition systems, distributed con6 trol systems, and programmable logic or embed7 ded controllers. 

8 (5) NATIONAL LABORATORY.—The term ‘‘Na9 tional Laboratory’’ has the meaning given the term 

10 in section 2 of the Energy Policy Act of 2005 (42 

11 U.S.C. 15801). 

12 (6) PROGRAM.—The term ‘‘Program’’ means 

13 the pilot program established under section 503. 

14 (7) SECURITY VULNERABILITY.—The term ‘‘se15 curity vulnerability’’ means any attribute of hard16 ware, software, process, or procedure that could en17 able or facilitate the defeat of a security control. 

18 SEC. 503. PILOT PROGRAM FOR SECURING ENERGY INFRA19 STRUCTURE. 

20 Not later than 180 days after the date of enactment 

21 of this title, the Director shall establish a 2-year control 

22 systems implementation pilot program within the National 

23 Laboratories for the purposes of— 

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1 turers in the supply chain) that voluntarily partici2 pate in the Program to identify new classes of secu3 rity vulnerabilities of the covered entities; and 

4 (2) researching, developing, testing, and imple5 menting technology platforms and standards, in 

6 partnership with covered entities, to isolate and de7 fend industrial control systems of covered entities 

8 from security vulnerabilities and exploits in the most 

9 critical systems of the covered entities, including— 

10 (A) analog and nondigital control systems; 

11 (B) purpose-built control systems; and 

12 (C) physical controls. 

13 SEC. 504. WORKING GROUP TO EVALUATE PROGRAM 

14 STANDARDS AND DEVELOP STRATEGY. 

15 (a) ESTABLISHMENT.—The Director shall establish a 

16 working group— 

17 (1) to evaluate the technology platforms and 

18 standards used in the Program under section 

19 503(2); and 

20 (2) to develop a national cyber-informed engi21 neering strategy to isolate and defend covered enti22 ties from security vulnerabilities and exploits in the 

23 most critical systems of the covered entities. 

24 (b) MEMBERSHIP.—The working group established 

25 under subsection (a) shall be composed of not fewer than 


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1 10 members, to be appointed by the Director, at least 1 

2 member of which shall represent each of the following: 

3 (1) The Department of Energy. 

4 (2) The energy industry, including electric utili5 ties and manufacturers recommended by the Energy 

6 Sector coordinating councils. 

7 (3)(A) The Department of Homeland Security; 

8 or 

9 (B) the Industrial Control Systems Cyber 

10 Emergency Response Team. 

11 (4) The North American Electric Reliability 

12 Corporation. 

13 (5) The Nuclear Regulatory Commission. 

14 (6)(A) The Office of the Director of National 

15 Intelligence; or 

16 (B) the intelligence community (as defined in 

17 section 3 of the National Security Act of 1947 (50 

18 U.S.C. 3003)). 

19 (7)(A) The Department of Defense; or 

20 (B) the Assistant Secretary of Defense for 

21 Homeland Security and America’s Security Affairs. 

22 (8) A State or regional energy agency. 

23 (9) A national research body or academic insti24 tution. 

25 (10) The National Laboratories. 


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1 SEC. 505. REPORTS ON THE PROGRAM. 

2 (a) INTERIM REPORT.—Not later than 180 days 

3 after the date on which funds are first disbursed under 

4 the Program, the Director shall submit to the appropriate 

5 committees of Congress an interim report that— 

6 (1) describes the results of the Program; 

7 (2) includes an analysis of the feasibility of 

8 each method studied under the Program; and 

9 (3) describes the results of the evaluations con10 ducted by the working group established under sec11 tion 504(a). 

12 (b) FINAL REPORT.—Not later than 2 years after the 

13 date on which funds are first disbursed under the Pro14 gram, the Director shall submit to the appropriate com15 mittees of Congress a final report that— 

16 (1) describes the results of the Program; 

17 (2) includes an analysis of the feasibility of 

18 each method studied under the Program; and 

19 (3) describes the results of the evaluations con20 ducted by the working group established under sec21 tion 504(a). 

22 (c) APPROPRIATE COMMITTEES OF CONGRESS DE23 FINED.—In this section, the term ‘‘appropriate commit24 tees of Congress’’ means— 

25 (1) the congressional intelligence committees; 


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1 (2) the Committee on Energy and Natural Re2 sources of the Senate; and 

3 (3) the Committee on Energy and Commerce of 

4 the House of Representatives. 

5 SEC. 506. NO NEW REGULATORY AUTHORITY FOR FEDERAL 

6 AGENCIES. 

7 Nothing in this title authorizes the Director or the 

8 head of any other Federal agency to issue new regulations. 

9 SEC. 507. EXEMPTION FROM DISCLOSURE. 

10 Information shared by or with the Federal Govern11 ment or a State, tribal, or local government under this 

12 title shall be— 

13 (1) deemed to be voluntarily shared informa14 tion; and 

15 (2) exempt from disclosure under any provision 

16 of Federal, State, tribal, or local freedom of infor17 mation law, open government law, open meetings 

18 law, open records law, sunshine law, or similar law 

19 requiring the disclosure of information or records. 

20 SEC. 508. PROTECTION FROM LIABILITY. 

21 (a) IN GENERAL.—A cause of action against a cov22 ered entity for engaging in the voluntary activities author23 ized under section 503— 

24 (1) shall not lie or be maintained in any court; 

25 and 


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1 (2) shall be promptly dismissed by the applica2 ble court. 

3 (b) VOLUNTARY ACTIVITIES.—Nothing in this title 

4 subjects any covered entity to liability for not engaging 

5 in the voluntary activities authorized under section 503. 

6 SEC. 509. AUTHORIZATION OF APPROPRIATIONS. 

7 (a) PILOT PROGRAM.—There is authorized to be ap8 propriated $10,000,000 to carry out section 503. 

9 (b) WORKING GROUP AND REPORT.—There is au10 thorized to be appropriated $1,500,000 to carry out sec11 tions 504 and 505. 

12 (c) AVAILABILITY.—Amounts made available under 

13 subsections (a) and (b) shall remain available until ex14 pended. 

15 TITLE VI—REPORTS AND OTHER 

16 MATTERS 

17 SEC. 601. TECHNICAL CORRECTION TO INSPECTOR GEN18 ERAL STUDY. 

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

20 amended— 

21 (1) in the subsection heading, by striking 

22 ‘‘AUDIT’’ and inserting ‘‘REVIEW’’; 

23 (2) in paragraph (1), by striking ‘‘audit’’ and 

24 inserting ‘‘review’’; and 


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1 (3) in paragraph (2), by striking ‘‘audit’’ and 

2 inserting ‘‘review’’. 

3 SEC. 602. GOVERNANCE FOR SECURITY CLEARANCE, SUIT4 ABILITY AND FITNESS FOR EMPLOYMENT, 

5 AND CREDENTIALING. 

6 (a) GOVERNANCE COUNCIL FOR SUITABILITY, 

7 CREDENTIALING, AND SECURITY.— 

8 (1) ESTABLISHMENT.—There is an interagency 

9 Security, Suitability, and Credentialing Council (in 

10 this section the ‘‘Council’’). The Council shall be ac11 countable to the President and to Congress to 

12 achieve the goals of the executive branch vetting en13 terprise. 

14 (2) MEMBERSHIP.— 

15 (A) COMPOSITION.—The Council shall be 

16 composed for the following: 

17 (i) One individual who shall be ap18 pointed by the Director of the Office of 

19 Management and Budget. 

20 (ii) The individual serving as the Suit21 ability Executive Agent and the 

22 Credentialing Executive Agent pursuant to 

23 subsections (b) and (c), respectively. 


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1 (iii) The individual serving as the Se2 curity Executive Agent pursuant to sub3 section (d)(1). 

4 (iv) The Under Secretary of Defense 

5 for Intelligence. 

6 (v) The Director of the National 

7 Background Investigations Bureau. 

8 (B) CHAIRPERSON.—The Chairperson of 

9 the Council shall be the individual appointed 

10 under subparagraph (A)(i). The Chairperson 

11 shall have authority, direction, and control over 

12 the functions of the Council. 

13 (3) FUNCTIONS.—The functions of the Council 

14 are as follows: 

15 (A) Ensuring enterprise-wide alignment of 

16 suitability, security, credentialing, and as ap17 propriate, fitness processes. 

18 (B) Holding agencies accountable for the 

19 implementation of suitability, security, fitness, 

20 and credentialing processes and procedures. 

21 (C) Defining requirements for enterprise22 wide reciprocity management information tech23 nology, and develop standards for enterprise24 wide information technology. 

25 (D) Working with agencies— 


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1 (i) to implement continuous perform2 ance improvement programs, policies, and 

3 procedures; 

4 (ii) to establish annual goals and 

5 progress metrics; and 

6 (iii) to prepare annual reports on re7 sults. 

8 (E) Ensuring and overseeing the develop9 ment of tools and techniques for enhancing 

10 background investigations and adjudications. 

11 (F) Enabling discussion and consensus res12 olution of differences in processes, policies, and 

13 procedures among the members of the Council, 

14 and other agencies as appropriate. 

15 (G) Sharing best practices. 

16 (H) Advise the Suitability Executive 

17 Agent, the Credentialing Executive Agent, and 

18 the Security Executive Agent on policies affect19 ing the alignment of investigations and adju20 dications. 

21 (I) Working with agencies to develop agen22 cy policies and procedures to enable sharing of 

23 vetting information consistent with the law and 

24 the protection of privacy and civil liberties and 


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1 to the extent necessary for enterprise-wide effi2 ciency, effectiveness, and security. 

3 (J) Monitoring performance to identify and 

4 drive enterprise-level process enhancements, 

5 and make recommendations for changes to ex6 ecutive branch-wide guidance and authorities to 

7 resolve overlaps or close policy gaps where they 

8 may exist. 

9 (K) Promoting data-driven, transparent, 

10 and expeditious policy-making processes. 

11 (L) Developing and continuously reevalu12 ating and revising outcome-based metrics that 

13 measure the quality, efficiency and effectiveness 

14 of the vetting enterprise. 

15 (4) SUBORDINATE BODIES.—The Chairperson 

16 may establish subordinate entities, mechanisms, and 

17 policies to support and assist the Council in carrying 

18 out the functions of the Council. 

19 (b) SUITABILITY EXECUTIVE AGENT.— 

20 (1) IN GENERAL.—The Director of the Office of 

21 Personnel Management shall serve as the Suitability 

22 Executive Agent. 

23 (2) DUTIES.—The duties of the Suitability Ex24 ecutive Agent are as follows: 


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1 (A) Pursuant to sections 1103 and 1104 of 

2 title 5, United States Code, and the Civil Serv3 ice Rules, to be responsible for suitability and 

4 fitness by— 

5 (i) prescribing suitability standards 

6 and minimum standards of fitness for em7 ployment; 

8 (ii) prescribing position designation 

9 requirements with regard to the risk to the 

10 efficiency and integrity of the service; 

11 (iii) prescribing applicable investiga12 tive standards, policies, and procedures for 

13 suitability and fitness; 

14 (iv) prescribing suitability and fitness 

15 reciprocity standards; 

16 (v) making suitability determinations; 

17 and 

18 (vi) taking suitability actions. 

19 (B) To issue regulations, guidance, and 

20 standards to fulfill the Director’s responsibil21 ities related to suitability and fitness under Ex22 ecutive Order 13488 of January 16, 2009, as 

23 amended. 

24 (C) To promote reciprocal recognition of 

25 suitability or fitness determinations among the 


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1 agencies, including acting as the final authority 

2 to arbitrate and resolve disputes among the 

3 agencies involving the reciprocity of investiga4 tions and adjudications of suitability and fit5 ness. 

6 (D) To continue to initially approve, and 

7 periodically review for renewal, agencies’ re8 quests to administer polygraphs in connection 

9 with appointment in the competitive service, in 

10 consultation with the Security Executive Agent 

11 as appropriate. 

12 (E) To make a continuing review of agency 

13 programs for suitability and fitness vetting to 

14 determine whether they are being implemented 

15 according to this section. 

16 (F) Shall, pursuant to section 1104 of title 

17 5, United States Code, prescribe performance 

18 standards and a system of oversight for any 

19 suitability or fitness function delegated by the 

20 Director to the head of another agency, includ21 ing uniform and consistent policies and proce22 dures to ensure the effective, efficient, timely, 

23 and secure completion of delegated functions. 

24 (3) GUIDELINES AND INSTRUCTIONS.—The 

25 Suitability Executive Agent may issue guidelines and 


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1 instructions to the heads of agencies to promote ap2 propriate uniformity, centralization, efficiency, effec3 tiveness, reciprocity, timeliness, and security in proc4 esses relating to determining suitability or fitness. 

5 (c) CREDENTIALING EXECUTIVE AGENT.— 

6 (1) IN GENERAL.—In addition to serving as the 

7 Suitability Executive Agent, the Director of the Of8 fice of Personnel Management shall also serve as the 

9 Credentialing Executive Agent. 

10 (2) DUTIES.—The duties of the Credentialing 

11 Executive Agent are as follows: 

12 (A) To develop standards for investiga13 tions, reinvestigations, and continuous vetting 

14 for a covered individual’s eligibility for a PIV 

15 credential. 

16 (B) To develop adjudicative guidelines for 

17 a covered individual’s eligibility for a PIV cre18 dential. 

19 (C) To develop guidelines on reporting and 

20 recording determinations of eligibility for a PIV 

21 credential. 

22 (D) To develop standards for unfavorable 

23 determinations of eligibility for a PIV creden24 tial, including procedures for denying and re25 voking the eligibility for a PIV credential, for 


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1 reconsideration of unfavorable determinations, 

2 and for rendering the PIV credential inoper3 able. 

4 (E) To develop standards and procedures 

5 for suspending eligibility for a PIV credential 

6 when there is a reasonable basis to believe there 

7 may be an unacceptable risk pending an inquiry 

8 or investigation, including special standards and 

9 procedures for imminent risk. 

10 (F) To develop uniform and consistent 

11 policies and procedures to ensure the effective, 

12 efficient, timely, and secure completion of inves13 tigations and adjudications relating to eligibility 

14 for a PIV credential. 

15 (G) To monitor and make a continuing re16 view of agency programs for determining eligi17 bility for a PIV credential to determine whether 

18 they are being implemented according to this 

19 section. 

20 (H) To consult to the extent practicable 

21 with other agencies with responsibilities related 

22 to PIV credentials to ensure that policies and 

23 procedures are consistent with law. 

24 (3) GUIDELINES AND INSTRUCTIONS.—The 

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1 lines and instructions to the heads of agencies as 

2 necessary to ensure appropriate uniformity, cen3 tralization, efficiency, effectiveness, and timeliness in 

4 processes relating to eligibility for a PIV credential. 

5 (4) PIV CREDENTIAL DEFINED.—In this sub6 section, the term ‘‘PIV credential’’ means a personal 

7 identity verification credential permitting logical and 

8 physical access to Federally controlled facilities and 

9 Federally controlled information systems. 

10 (d) SECURITY EXECUTIVE AGENT.— 

11 (1) IN GENERAL.—The Director of National In12 telligence shall serve as the Security Executive 

13 Agent. 

14 (2) DUTIES.—The duties of the Security Exec15 utive Agent are as follows: 

16 (A) To direct the oversight of investiga17 tions, reinvestigations, adjudications, and, as 

18 applicable, polygraphs for eligibility for access 

19 to classified information or eligibility to hold a 

20 sensitive position made by any agency. 

21 (B) To make a continuing review of agen22 cies’ national security background investigation 

23 and adjudication programs to determine wheth24 er they are being implemented according to this 

25 section. 


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1 (C) To develop and issue uniform and con2 sistent policies and procedures to ensure the ef3 fective, efficient, timely, and secure completion 

4 of investigations, polygraphs, and adjudications 

5 relating to determinations of eligibility for ac6 cess to classified information or eligibility to 

7 hold a sensitive position. 

8 (D) To serve as the final authority to des9 ignate an agency or agencies, to the extent that 

10 it is not practicable to use the National Back11 ground Investigations Bureau, to conduct inves12 tigations of persons who are proposed for access 

13 to classified information or for eligibility to hold 

14 a sensitive position to ascertain whether such 

15 persons satisfy the criteria for obtaining and re16 taining access to classified information or eligi17 bility to hold a sensitive position. 

18 (E) To serve as the final authority to des19 ignate an agency or agencies to determine eligi20 bility for access to classified information or eli21 gibility to hold a sensitive position in accord22 ance with Executive Order 12968 of August 2, 

23 1995, as amended. 

24 (F) To ensure reciprocal recognition of eli25 gibility for access to classified information or 


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1 eligibility to hold a sensitive position among the 

2 agencies, including acting as the final authority 

3 to arbitrate and resolve disputes among the 

4 agencies involving the reciprocity of investiga5 tions and adjudications of eligibility. 

6 (3) AUTHORITIES.—The Security Executive 

7 Agent may— 

8 (A) issue guidelines and instructions to the 

9 heads of agencies to ensure appropriate uni10 formity, centralization, efficiency, effectiveness, 

11 timeliness, and security in processes relating to 

12 determinations by agencies of eligibility for ac13 cess to classified information or eligibility to 

14 hold a sensitive position, including such matters 

15 as investigations, polygraphs, adjudications, and 

16 reciprocity; 

17 (B) if consistent with the national security, 

18 authorize exceptions to or waivers of national 

19 security investigative requirements, and may 

20 issue implementing or clarifying guidance as 

21 necessary; 

22 (C) assign, in whole or in part, to the head 

23 of any agency (solely or jointly) any of the du24 ties of the Security Executive Agent under 

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1 graphs (A) and (B) of this paragraph, with the 

2 agency’s exercise of such assigned duties or au3 thorities to be subject to the Security Executive 

4 Agent’s oversight and with such terms and con5 ditions (including approval by the Security Ex6 ecutive Agent) as the Security Executive Agent 

7 determines appropriate; and 

8 (D) define and set standards for contin9 uous evaluation for continued access to classi10 fied information. 

11 (e) PRESERVATION OF AUTHORITY.—Nothing in this 

12 section shall be construed to limit the authorities of the 

13 Director of the Office of Personnel Management, the Di14 rector of National Intelligence, or the Secretary of Defense 

15 under any provision of law. 

16 SEC. 603. PROCESS FOR SECURITY CLEARANCES. 

17 (a) REVIEWS.—Not later than 180 days after the 

18 date of the enactment of this Act, the Director of National 

19 Intelligence, acting as the Security Executive Agent in ac20 cordance with subsection (d) of section 602, in coordina21 tion with the Suitability Executive Agent and the 

22 Credentialing Executive Agent who are serving in accord23 ance with subsections (b) and (c) of such section, shall 

24 submit to the congressional intelligence committees a re25 port that includes the following: 


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1 (1) REVIEW AND ASSESSMENT OF STAND2 ARDS.— 

3 (A) IN GENERAL.—A review of the rela4 tionship among the information requested by 

5 the Questionnaire for National Security Posi6 tions (Standard Form 86), the application of 

7 the Federal Investigative Standards prescribed 

8 by the Office of Personnel Management and the 

9 Office of the Director of National Intelligence, 

10 and the application of the adjudicative guide11 lines under Security Executive Agent Directive 

12 4 (‘‘National Security Adjudicative Guide13 lines’’). 

14 (B) ASSESSMENT.—An assessment of 

15 whether such Questionnaire, Standards, and 

16 guidelines should be revised to account for the 

17 prospect of a holder of a security clearance be18 coming an insider threat. 

19 (2) RECOMMENDATIONS TO IMPROVE BACK20 GROUND INVESTIGATIONS.—Recommendations to 

21 improve the background investigation process, in22 cluding recommendations— 

23 (A) to simplify the Questionnaire for Na24 tional Security Positions (Standard Form 86) 


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1 and increase customer support to applicants 

2 completing such Questionnaire; 

3 (B) to use remote and virtual techniques 

4 and centralized locations during field investiga5 tion work; 

6 (C) to utilize secure and reliable 

7 digitization of information obtained during the 

8 clearance process; and 

9 (D) to build the capacity of the back10 ground investigation labor sector. 

11 (3) REVIEW OF SCHEDULES.—A review of 

12 whether the schedule for processing security clear13 ances included in section 3001 of the Intelligence 

14 Reform and Terrorism Prevention Act of 2004 (50 

15 U.S.C. 3341) should be modified. 

16 (4) EVALUATION OF SPLITTING THE BACK17 GROUND INVESTIGATION FUNCTION.— 

18 (A) IN GENERAL.—An evaluation of the 

19 impact on costs, quality, and timeliness of secu20 rity clearance background investigations associ21 ated with transferring to the Secretary of De22 fense responsibility for conducting background 

23 investigations for— 

24 (i) personnel of the Department of 

25 Defense; or 


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1 (ii) all contractors to and personnel of 

2 the United States Government. 

3 (B) ANALYSIS.—An analysis of— 

4 (i) the time required for the Secretary 

5 of Defense to gain sufficient institutional 

6 capacity and capability to perform the in7 vestigations described in clauses (i) and (ii) 

8 of subparagraph (A); 

9 (ii) past experience with agencies and 

10 departments of the United States having 

11 responsibility for conducting background 

12 investigations, including the transfer to the 

13 Office of Personnel Management of back14 ground investigations for personnel of the 

15 Department of Defense during 2003, 

16 2004, and 2005; and 

17 (iii) the mobility of the workforce who 

18 perform background investigations between 

19 government agencies and contractors. 

20 (b) POLICY, STRATEGY, AND IMPLEMENTATION.— 

21 Not later than 90 days after the date of the enactment 

22 of this Act, the Director of National Intelligence, acting 

23 as the Security Executive Agent in accordance with section 

24 602(d), shall establish the following: 


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1 (1) POLICY AND IMPLEMENTATION PLAN FOR

2 INTERIM SECURITY CLEARANCES.—A policy and im3 plementation plan for the issuance of interim secu4 rity clearances. 

5 (2) POLICY ON CONSISTENT TREATMENT OF

6 GOVERNMENT AND CONTRACTOR PERSONNEL.—A 

7 policy and implementation plan to ensure contrac8 tors are treated consistently in the security clearance 

9 process across agencies and departments of the 

10 United States and as compared to employees of such 

11 agencies and departments. Such policy shall ad12 dress— 

13 (A) prioritization of processing security 

14 clearances based on the mission the contractors 

15 will be performing; 

16 (B) standardization of how requests for 

17 clearance sponsorship are issued; 

18 (C) digitization of background investiga19 tion-related forms; 

20 (D) use of the polygraph; 

21 (E) the application of the adjudicative 

22 guidelines under Security Executive Agent Di23 rective 4 (‘‘National Security Adjudicative 

24 Guidelines’’); 


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1 (F) reciprocal recognition of clearances 

2 across agencies and departments of the United 

3 States, regardless of status of periodic reinves4 tigation; 

5 (G) tracking of clearance files as individ6 uals move from employment with an agency or 

7 department of the United States to employment 

8 in the private sector; and 

9 (H) reporting on security incidents and 

10 performance. 

11 (3) STRATEGY AND IMPLEMENTATION FOR

12 PERIODIC REINVESTIGATIONS.— 

13 (A) STRATEGY AND IMPLEMENTATION

14 PLAN.—A strategy and implementation plan to 

15 conduct periodic reinvestigations as part of a 

16 security clearance determination exclusively on 

17 an as-needed, risk-based basis. Such plan shall 

18 include actions to assess the extent to which 

19 automated records checks and other continuous 

20 evaluation methods may be used to expedite or 

21 focus reinvestigations. 

22 (B) EXCEPTION.—The Security Executive 

23 Agent may provide justification if certain popu24 lations are determined to require periodic re25 investigations at regular intervals. 


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1 (4) POLICY FOR AUTOMATED RECORDS

2 CHECKS.—A policy and implementation plan for 

3 agencies and departments of the United States Gov4 ernment, as a part of the security clearance process, 

5 to accept automated records checks generated pursu6 ant to a security clearance applicant’s employment 

7 with a prior employer. 

8 (5) POLICY AND IMPLEMENTATION FOR SHAR9 ING OF BACKGROUND INVESTIGATION DATA.—A pol10 icy and implementation plan for sharing information 

11 between and among agencies or departments of the 

12 United States and private entities that is relevant to 

13 decisions about granting or renewing security clear14 ances. Such information shall— 

15 (A) pertain to security and human re16 sources matters; and 

17 (B) be treated in a manner consistent with 

18 privacy concerns. 

19 SEC. 604. REPORTS ON THE VULNERABILITIES EQUITIES 

20 POLICY AND PROCESS OF THE FEDERAL GOV21 ERNMENT. 

22 (a) REPORT POLICY AND PROCESS.— 

23 (1) IN GENERAL.—Not later than 90 days after 

24 the date of the enactment of this Act and not later 

25 than 30 days after any substantive change in policy, 


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1 the head of each element of the intelligence commu2 nity shall submit to the congressional intelligence 

3 committees a report detailing the process and cri4 teria the head uses for determining whether to sub5 mit a vulnerability for review under the 

6 vulnerabilities equities policy and process of the Fed7 eral Government. 

8 (2) FORM.—Each report submitted under para9 graph (1) shall be submitted in unclassified form, 

10 but may include a classified annex. 

11 (b) ANNUAL REPORT ON VULNERABILITIES.— 

12 (1) IN GENERAL.—Not less frequently than 

13 once each year, the Director of National Intelligence 

14 shall submit to the congressional intelligence com15 mittees a report on— 

16 (A) how many vulnerabilities the intel17 ligence community has submitted for review 

18 during the previous calendar year; 

19 (B) how many of such vulnerabilities were 

20 ultimately disclosed to the vendor responsible 

21 for correcting the vulnerability during the pre22 vious calendar year; and 

23 (C) vulnerabilities disclosed since the pre24 vious report that have either— 


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1 (i) been patched or mitigated by the 

2 responsible vendor; or 

3 (ii) have not been patched or miti4 gated by the responsible vendor and more 

5 than 180 days have elapsed since the vul6 nerability was disclosed. 

7 (2) CONTENTS.—Each report submitted under 

8 paragraph (1) shall include the following: 

9 (A) The date the vulnerability was dis10 closed to the responsible vendor. 

11 (B) The date the patch or mitigation for 

12 the vulnerability was made publicly available by 

13 the responsible vendor. 

14 (C) An unclassified appendix that in15 cludes— 

16 (i) a top-line summary of the aggre17 gate number of vulnerabilities disclosed to 

18 vendors, how many have been patched, and 

19 the average time between disclosure of the 

20 vulnerability and the patching of the vul21 nerability; and 

22 (ii) the aggregate number of 

23 vulnerabilities disclosed to each responsible 

24 vendor, delineated by the amount of time 

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1 ability, as defined by thirty day incre2 ments. 

3 (3) FORM.—Each report submitted under para4 graph (1) shall be in classified form. 

5 (c) VULNERABILITIES EQUITIES POLICY AND PROC6 ESS OF THE FEDERAL GOVERNMENT DEFINED.—In this 

7 section, the term ‘‘vulnerabilities equities policy and proc8 ess of the Federal Government’’ means the policy and 

9 process established by the National Security Council for 

10 the Federal Government, or successor set of policies and 

11 processes, establishing policy and responsibilities for dis12 seminating information about vulnerabilities discovered by 

13 the Federal Government or its contractors, or disclosed 

14 to the Federal Government by the private sector in govern15 ment off-the-shelf (GOTS), commercial off-the-shelf 

16 (COTS), or other commercial information technology or 

17 industrial control products or systems (including both 

18 hardware and software). 

19 SEC. 605. BUG BOUNTY PROGRAMS. 

20 (a) DEFINITIONS.—In this section: 

21 (1) BUG BOUNTY PROGRAM.—The term ‘‘bug 

22 bounty program’’ means a program under which an 

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1 port vulnerabilities within an information system in 

2 exchange for payment. 

3 (2) INFORMATION SYSTEM.—The term ‘‘infor4 mation system’’ has the meaning given that term in 

5 section 3502 of title 44, United States Code. 

6 (b) BUG BOUNTY PROGRAM PLAN.— 

7 (1) REQUIREMENT.—Not later than 180 days 

8 after the date of the enactment of this Act, the 

9 Under Secretary for Intelligence and Analysis of the 

10 Department of Homeland Security shall submit to 

11 the congressional intelligence committees a strategic 

12 plan to implement bug bounty programs at appro13 priate agencies and departments of the United 

14 States. 

15 (2) CONTENTS.—The plan required by para16 graph (1) shall include— 

17 (A) an assessment of— 

18 (i) the effectiveness of the ‘‘Hack the 

19 Pentagon’’ pilot program carried out by 

20 the Department of Defense in 2016 and 

21 subsequent bug bounty programs in identi22 fying and reporting vulnerabilities within 

23 the information systems of the Department 

24 of Defense; and 


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1 (ii) private sector bug bounty pro2 grams, including such programs imple3 mented by leading technology companies in 

4 the United States; and 

5 (B) recommendations on the feasibility of 

6 initiating bug bounty programs at appropriate 

7 agencies and departments of the United States. 

8 SEC. 606. REPORT ON CYBER ATTACKS BY FOREIGN GOV9 ERNMENTS AGAINST UNITED STATES ELEC10 TION INFRASTRUCTURE. 

11 (a) REPORT REQUIRED.—Not later than 60 days 

12 after the date of the enactment of this Act, the Under 

13 Secretary of Homeland Security for Intelligence and Anal14 ysis shall submit to congressional leadership and the con15 gressional intelligence committees a report on cyber at16 tacks and attempted cyber attacks by foreign governments 

17 on United States election infrastructure in States and lo18 calities in connection with the 2016 presidential election 

19 in the United States and such cyber attacks or attempted 

20 cyber attacks as the Under Secretary anticipates against 

21 such infrastructure. Such report shall identify the States 

22 and localities affected and shall include cyber attacks and 

23 attempted cyber attacks against voter registration data24 bases, voting machines, voting-related computer networks, 


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1 and the networks of secretaries of State and other election 

2 officials. 

3 (b) FORM.—The report submitted under subsection 

4 (a) shall be submitted in unclassified form, but may in5 clude a classified annex. 

6 (c) DEFINITIONS.—In this section: 

7 (1) CONGRESSIONAL LEADERSHIP.—The term 

8 ‘‘congressional leadership’’ includes the following: 

9 (A) The majority leader of the Senate. 

10 (B) The minority leader of the Senate. 

11 (C) The Speaker of the House of Rep12 resentatives. 

13 (D) The minority leader of the House of 

14 Representatives. 

15 (2) STATE.—The term ‘‘State’’ means any 

16 State of the United States, the District of Columbia, 

17 the Commonwealth of Puerto Rico, and any territory 

18 or possession of the United States. 

19 SEC. 607. REVIEW OF INTELLIGENCE COMMUNITY’S POS20 TURE TO COLLECT AGAINST AND ANALYZE 

21 RUSSIAN EFFORTS TO INFLUENCE THE PRES22 IDENTIAL ELECTION. 

23 (a) ASSESSMENT REQUIRED.—Not later than one 

24 year after the date of the enactment of this Act, the Direc25 tor of National Intelligence shall— 


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1 (1) complete an after action review of the intel2 ligence community’s posture to collect against and 

3 analyze efforts of the Government of Russia to inter4 fere in the 2016 presidential election in the United 

5 States; and 

6 (2) submit to the congressional intelligence 

7 committees a report on the findings of the Director 

8 with respect to such review. 

9 (b) ELEMENTS.—The review required by subsection 

10 (a) shall include, with respect to the posture and efforts 

11 described in paragraph (1) of such subsection, the fol12 lowing: 

13 (1) An assessment of whether the resources of 

14 the intelligence community were properly aligned to 

15 detect and respond to the efforts described in sub16 section (a)(1). 

17 (2) An assessment of the information sharing 

18 that occurred within elements of the intelligence 

19 community. 

20 (3) An assessment of the information sharing 

21 that occurred between elements of the intelligence 

22 community. 

23 (4) An assessment of applicable authorities nec24 essary to collect on any such efforts and any defi25 ciencies in those authorities. 


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1 (5) A review of the use of open source material 

2 to inform analysis and warning of such efforts. 

3 (6) A review of the use of alternative and pre4 dictive analysis. 

5 (c) FORM OF REPORT.—The report required by sub6 section (a)(2) shall be submitted to the congressional intel7 ligence committees in a classified form. 

8 SEC. 608. ASSESSMENT OF FOREIGN INTELLIGENCE 

9 THREATS TO FEDERAL ELECTIONS. 

10 (a) IN GENERAL.—The Director of National Intel11 ligence, in coordination with the Director of the Central 

12 Intelligence Agency, the Director of the National Security 

13 Agency, the Director of the Federal Bureau of Investiga14 tion, the Secretary of Homeland Security, and the heads 

15 of other relevant elements of the intelligence community, 

16 shall— 

17 (1) commence not later than 1 year before any 

18 regularly scheduled Federal election and complete 

19 not later than 180 days before such election, an as20 sessment of security vulnerabilities of State election 

21 systems; and 

22 (2) not later than 180 days before any regularly 

23 scheduled Federal election, submit a report on such 

24 security vulnerabilities and an assessment of foreign 

25 intelligence threats to the election to— 


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1 (A) congressional leadership; and 

2 (B) the congressional intelligence commit3 tees. 

4 (b) UPDATE.—Not later than 90 days before any reg5 ularly scheduled Federal election, the Director of National 

6 Intelligence shall— 

7 (1) update the assessment of foreign intel8 ligence threats to that election; and 

9 (2) submit the updated assessment to— 

10 (A) congressional leadership; and 

11 (B) the congressional intelligence commit12 tees. 

13 (c) DEFINITIONS.—In this section: 

14 (1) CONGRESSIONAL LEADERSHIP.—The term 

15 ‘‘congressional leadership’’ includes the following: 

16 (A) The majority leader of the Senate. 

17 (B) The minority leader of the Senate. 

18 (C) The Speaker of the House of Rep19 resentatives. 

20 (D) The minority leader of the House of 

21 Representatives. 

22 (2) SECURITY VULNERABILITY.—The term ‘‘se23 curity vulnerability’’ has the meaning given such 

24 term in section 102 of the Cybersecurity Information 

25 Sharing Act of 2015 (6 U.S.C. 1501). 


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1 SEC. 609. STRATEGY FOR COUNTERING RUSSIAN CYBER 

2 THREATS TO UNITED STATES ELECTIONS. 

3 (a) REQUIREMENT FOR A STRATEGY.—Not later 

4 than 90 days after the date of the enactment of this Act, 

5 the Director of National Intelligence, in coordination with 

6 the Secretary of Homeland Security, the Director of the 

7 Federal Bureau of Investigation, the Director of the Cen8 tral Intelligence Agency, the Secretary of State, the Sec9 retary of Defense, and the Secretary of the Treasury, shall 

10 develop a whole-of-government strategy for countering the 

11 threat of Russian cyber attacks and attempted cyber at12 tacks against electoral systems and processes in the 

13 United States, including Federal, State, and local election 

14 systems, voter registration databases, voting tabulation 

15 equipment, and equipment and processes for the secure 

16 transmission of election results. 

17 (b) ELEMENTS OF THE STRATEGY.—The strategy re18 quired by subsection (a) shall include the following ele19 ments: 

20 (1) A whole-of-government approach to pro21 tecting United States electoral systems and proc22 esses that includes the agencies and departments in23 dicated in subsection (a) as well as any other agen24 cies and departments of the United States, as deter25 mined appropriate by the Director of National Intel26 ligence and the Secretary of Homeland Security. 


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1 (2) Input solicited from Secretaries of State of 

2 the various States and the chief election officials of 

3 the States. 

4 (3) Technical security measures, including 

5 auditable paper trails for voting machines, securing 

6 wireless and Internet connections, and other tech7 nical safeguards. 

8 (4) Detection of cyber threats, including attacks 

9 and attempted attacks by Russian government or 

10 nongovernment cyber threat actors. 

11 (5) Improvements in the identification and at12 tribution of Russian government or nongovernment 

13 cyber threat actors. 

14 (6) Deterrence, including actions and measures 

15 that could or should be undertaken against or com16 municated to the Government of Russia or other en17 tities to deter attacks against, or interference with, 

18 United States election systems and processes. 

19 (7) Improvements in Federal Government com20 munications with State and local election officials. 

21 (8) Public education and communication ef22 forts. 

23 (9) Benchmarks and milestones to enable the 

24 measurement of concrete steps taken and progress 

25 made in the implementation of the strategy. 


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1 (c) REPORT TO CONGRESS.—Not later than 90 days 

2 after the date of the enactment of this Act, the Director 

3 of National Intelligence and the Secretary of Homeland 

4 Security shall brief the congressional intelligence commit5 tees on the strategy developed under subsection (a). 

6 SEC. 610. LIMITATION RELATING TO ESTABLISHMENT OR 

7 SUPPORT OF CYBER SECURITY UNIT WITH 

8 THE GOVERNMENT OF RUSSIA. 

9 (a) LIMITATION.—No amount may be expended by 

10 the Federal Government to establish or support a cyber 

11 security unit or other cyber agreement that is jointly es12 tablished or otherwise implemented by the Government of 

13 the United States and the Government of Russia unless, 

14 at least 30 days prior to the establishment of such agree15 ment, the Director of National Intelligence submits to the 

16 congressional intelligence committees a report on such 

17 agreement that includes the elements required by sub18 section (b). 

19 (b) REPORT ELEMENTS.—If the Director submits a 

20 report under subsection (a), such report shall include a 

21 description of each of the following: 

22 (1) The purpose of the agreement. 

23 (2) The nature of any intelligence to be shared 

24 pursuant to the agreement. 


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1 (3) The expected value to national security re2 sulting from the implementation of the agreement. 

3 (4) Such counterintelligence concerns associated 

4 with the agreement as the Director may have and 

5 such measures as the Director expects to be taken 

6 to mitigate such concerns. 

7 SEC. 611. REPORT ON RETURNING RUSSIAN COMPOUNDS. 

8 (a) COVERED COMPOUNDS DEFINED.—In this sec9 tion, the term ‘‘covered compounds’’ means the real prop10 erty in New York and the real property in Maryland that 

11 were under the control of the Government of Russia in 

12 2016 and were removed from such control in response to 

13 various transgressions by the Government of Russia, in14 cluding the interference by the Government of Russia in 

15 the 2016 election in the United States. 

16 (b) REQUIREMENT FOR REPORT.—Not later than 

17 180 days after the date of the enactment of this Act, the 

18 Director of National Intelligence shall submit to the con19 gressional intelligence committees a report on the intel20 ligence risks of returning the covered compounds to Rus21 sian control. 

22 (c) FORM OF REPORT.—The report required by sub23 section (b) shall be submitted in classified and unclassified 

24 forms. 


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1 SEC. 612. INTELLIGENCE COMMUNITY ASSESSMENT ON 

2 THREAT OF RUSSIAN MONEY LAUNDERING 

3 TO THE UNITED STATES. 

4 (a) ASSESSMENT REQUIRED.—Not later than 180 

5 days after the date of the enactment of this Act, the Direc6 tor of National Intelligence, in coordination with the Sec7 retary of the Treasury, shall submit to the congressional 

8 intelligence committees an intelligence community assess9 ment on the threat of Russian money laundering to the 

10 United States. The assessment shall be based on all-source 

11 intelligence, including from the intelligence community 

12 and from all elements of the Department of the Treasury 

13 under the Office of Terrorism and Financial Intelligence. 

14 (b) ELEMENTS.—The assessment required by sub15 section (a) shall cover the following: 

16 (1) Money laundering in the Russian Federa17 tion, global nodes of money laundering used by Rus18 sian and associated entities, and the entry points of 

19 money laundering by Russian and associated entities 

20 into the United States. 

21 (2) Vulnerabilities to money laundering in the 

22 United States financial and legal system, including 

23 specific sectors, and ways in which Russian money 

24 laundering has exploited those vulnerabilities. 


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1 (3) Any connections between Russian oligarchs 

2 and elements of Russian organized crime involved in 

3 money laundering and the Government of Russia. 

4 (4) The counterintelligence threat posed by 

5 Russian money laundering as well as the threat to 

6 the United States financial system and United 

7 States efforts to enforce sanctions and combat orga8 nized crime. 

9 SEC. 613. NOTIFICATION OF AN ACTIVE MEASURES CAM10 PAIGN. 

11 (a) REQUIREMENT FOR NOTIFICATION.—The Direc12 tor of National Intelligence, in cooperation with the Direc13 tor of the Federal Bureau of Investigation and the head 

14 of any other relevant agency, shall notify the Chairman 

15 and Vice Chairman or Ranking Member of each of the 

16 congressional intelligence committees, and of other rel17 evant committees of jurisdiction, each time the Director 

18 of National Intelligence determines there is credible infor19 mation that a foreign power has, is, or will attempt to 

20 employ a covert influence or active measures campaign 

21 with regard to the modernization, employment, doctrine, 

22 or force posture of the nuclear deterrent or missile de23 fense. 

24 (b) CONTENT OF NOTIFICATION.—Each notification 

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1 cerning actions taken by the United States to expose or 

2 halt an attempt referred to in subsection (a). 

3 SEC. 614. NOTIFICATION OF TRAVEL BY ACCREDITED DIP4 LOMATIC AND CONSULAR PERSONNEL OF 

5 THE RUSSIAN FEDERATION IN THE UNITED 

6 STATES. 

7 In carrying out the advance notification requirements 

8 set out in section 502 of the Intelligence Authorization 

9 Act for Fiscal Year 2017 (Division N of Public Law 115– 

10 31), the Secretary of State shall— 

11 (1) ensure that the Russian Federation provides 

12 notification to the Secretary of State at least 2 busi13 ness days in advance of all travel by accredited dip14 lomatic and consular personnel of the Russian Fed15 eration in the United States, and take necessary ac16 tion to secure full compliance by Russian personnel 

17 and address any noncompliance; and 

18 (2) provide notice of travel described in para19 graph (1) to the Director of National Intelligence 

20 and the Director of the Federal Bureau of Investiga21 tion within 1 hour of receiving notice of such travel. 


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1 SEC. 615. MODIFICATION OF CERTAIN REPORTING RE2 QUIREMENT ON TRAVEL OF FOREIGN DIP3 LOMATS. 

4 Section 502(d)(2) of the Intelligence Authorization 

5 Act for Fiscal Year 2017 (Public Law 115–31) is amended 

6 by striking ‘‘the number’’ and inserting ‘‘a best estimate’’. 

7 SEC. 616. SEMIANNUAL REPORT ON REFERRALS TO DE8 PARTMENT OF JUSTICE BY ELEMENTS OF 

9 THE INTELLIGENCE COMMUNITY REGARDING 

10 UNAUTHORIZED DISCLOSURE OF CLASSIFIED 

11 INFORMATION. 

12 (a) REPORTS REQUIRED.—Not less frequently than 

13 once every 6 months, the Assistant Attorney General for 

14 National Security of the Department of Justice, in con15 sultation with the Director of the Federal Bureau of In16 vestigation, shall submit to the congressional intelligence 

17 committees a report on the status of each referral made 

18 to the Department of Justice from any element of the in19 telligence community regarding an unauthorized disclo20 sure of classified information made during the most recent 

21 365-day period or any referral that has not yet been 

22 closed, regardless of the date the referral was made. 

23 (b) CONTENTS.—Each report submitted under sub24 section (a) shall include, for each referral covered by the 

25 report, at a minimum, the following: 

26 (1) The date the referral was received. 


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1 (2) A statement indicating whether the alleged 

2 unauthorized disclosure described in the referral was 

3 substantiated by the Department of Justice. 

4 (3) A statement indicating the highest level of 

5 classification of the information that was revealed in 

6 the unauthorized disclosure. 

7 (4) A statement indicating whether an open 

8 criminal investigation related to the referral is ac9 tive. 

10 (5) A statement indicating whether any crimi11 nal charges have been filed related to the referral. 

12 (6) A statement indicating whether the Depart13 ment of Justice has been able to attribute the unau14 thorized disclosure to a particular entity or indi15 vidual. 

16 (c) FORM OF REPORT.—Each report submitted 

17 under subsection (a) shall be submitted in unclassified 

18 form, but may have a classified annex. 

19 SEC. 617. NOTIFICATIONS OF DESIGNATION OF AN INTEL20 LIGENCE OFFICER AS A PERSONA NON 

21 GRATA. 

22 (a) REQUIREMENT FOR REPORTS.—Not later than 

23 72 hours after an intelligence officer is designated as a 

24 persona non grata, the Director of National Intelligence, 

25 in consultation with the Secretary of State, shall submit 


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1 to the congressional intelligence committees a notification 

2 of that designation. Each such notification shall include— 

3 (1) the date of the designation; 

4 (2) the basis for the designation; and 

5 (3) a justification for the expulsion. 

6 (b) INTELLIGENCE OFFICER DEFINED.—In this sec7 tion, the term ‘‘intelligence officer’’ means— 

8 (1) a United States intelligence officer serving 

9 in a post in a foreign country; or 

10 (2) a known or suspected foreign intelligence of11 ficer serving in a United States post. 

12 SEC. 618. BIENNIAL REPORT ON FOREIGN INVESTMENT 

13 RISKS. 

14 (a) INTELLIGENCE COMMUNITY INTERAGENCY

15 WORKING GROUP.— 

16 (1) REQUIREMENT TO ESTABLISH.—The Direc17 tor of National Intelligence shall establish an intel18 ligence community interagency working group to 

19 prepare the biennial reports required by subsection 

20 (b). 

21 (2) CHAIRPERSON.—The Director of National 

22 Intelligence shall serve as the chairperson of such 

23 interagency working group. 

24 (3) MEMBERSHIP.—Such interagency working 

25 group shall be composed of representatives of each 


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1 element of the intelligence community that the Di2 rector of National Intelligence determines appro3 priate. 

4 (b) BIENNIAL REPORT ON FOREIGN INVESTMENT

5 RISKS.— 

6 (1) REQUIREMENT.—Not later than 180 days 

7 after the date of the enactment of this Act, and bi8 ennially thereafter, the Director of National Intel9 ligence shall submit to the congressional intelligence 

10 committees a report on foreign investment risks pre11 pared by the interagency working group established 

12 under subsection (a). 

13 (2) CONTENT.—Each report required by para14 graph (1) shall include an identification, analysis, 

15 and explanation of the following: 

16 (A) Any current or projected major vulner17 ability to the national security of the United 

18 States with respect to foreign investment. 

19 (B) Any macro trends in foreign invest20 ment of a country that such interagency work21 ing group has identified to be a country of spe22 cial concern. 

23 (C) Any strategy used by such a country 

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1 ical technologies, critical materials, or critical 

2 infrastructure. 

3 (D) Any market distortion or unfair com4 petition by a foreign country in the form of 

5 market barriers, nonreciprocal investment treat6 ment, subsidies, government corruption, com7 pulsory technology transfer, or theft of intellec8 tual property. 

9 SEC. 619. REPORT ON SURVEILLANCE BY FOREIGN GOV10 ERNMENTS AGAINST UNITED STATES TELE11 COMMUNICATIONS NETWORKS. 

12 Not later than 180 days after the date of the enact13 ment of this Act, the Director of National Intelligence 

14 shall, in coordination with the Director of the Central In15 telligence Agency, the Director of the National Security 

16 Agency, the Director of the Federal Bureau of Investiga17 tion, and the Secretary of Homeland Security, submit to 

18 the congressional intelligence committees a report describ19 ing— 

20 (1) any attempts known to the intelligence com21 munity by foreign governments to exploit cybersecu22 rity vulnerabilities in United States telecommuni23 cations networks (including Signaling System No. 7) 

24 to target for surveillance of United States persons, 

25 including employees of the Federal Government; and 


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1 (2) any actions, as of the date of the enactment 

2 of this Act, taken by the intelligence community to 

3 protect agencies and personnel of the United States 

4 Government from surveillance conducted by foreign 

5 governments. 

6 SEC. 620. REPORTS ON AUTHORITIES OF THE CHIEF INTEL7 LIGENCE OFFICER OF THE DEPARTMENT OF 

8 HOMELAND SECURITY. 

9 (a) DEFINITIONS.—In this section: 

10 (1) DEPARTMENT.—The term ‘‘Department’’ 

11 means the Department of Homeland Security. 

12 (2) HOMELAND SECURITY INTELLIGENCE EN13 TERPRISE.—The term ‘‘Homeland Security Intel14 ligence Enterprise’’ has the meaning given such 

15 term in Department of Homeland Security Instruc16 tion Number 264–01–001, or successor authority. 

17 (3) OFFICE.—The term ‘‘Office’’ means the Of18 fice of Intelligence and Analysis of the Department. 

19 (4) SECRETARY.—The term ‘‘Secretary’’ means 

20 the Secretary of Homeland Security. 

21 (5) UNDER SECRETARY.—The term ‘‘Under 

22 Secretary’’ means the Under Secretary for Intel23 ligence and Analysis of the Department. 

24 (b) REQUIREMENT FOR REPORT.—Not later than 

25 120 days after the date of the enactment of this Act, the 


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1 Secretary, in consultation with the Under Secretary, shall 

2 submit to the congressional intelligence committees a re3 port on the authorities of the Under Secretary. 

4 (c) CONTENTS.—The report required by subsection 

5 (b) shall include the following: 

6 (1) An analysis of whether the Under Secretary 

7 has the legal and policy authority necessary to orga8 nize and lead the Homeland Security Intelligence 

9 Enterprise, with respect to intelligence, and, if not, 

10 a description of— 

11 (A) the obstacles to exercising the authori12 ties of the Chief Intelligence Officer and the 

13 Homeland Security Intelligence Council, over 

14 which the Chief Intelligence Officer chairs; and 

15 (B) the legal and policy changes necessary 

16 to effectively coordinate, organize, and lead in17 telligence activities of the Department of Home18 land Security. 

19 (2) A description of the actions that the Sec20 retary has taken to address the inability of the 

21 Under Secretary to require components of the De22 partment, other than the Office— 

23 (A) to coordinate intelligence programs; 

24 and 


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1 (B) integrate and standardize intelligence 

2 products produced by such other components. 

3 SEC. 621. REPORT ON GEOSPATIAL COMMERCIAL ACTIVI4 TIES FOR BASIC AND APPLIED RESEARCH 

5 AND DEVELOPMENT. 

6 (a) SENSE OF CONGRESS.—It is the sense of Con7 gress that— 

8 (1) rapid technology change and a significant 

9 increase in data collection by the intelligence com10 munity has outpaced the ability of the intelligence 

11 community to exploit vast quantities of intelligence 

12 data; 

13 (2) the data collection capabilities of the intel14 ligence community and the Department of Defense 

15 have outpaced their ability to exploit vast quantities 

16 of data; 

17 (3) furthermore, international competitors may 

18 be catching up, and in some cases leading, in key 

19 technology areas; 

20 (4) many United States companies have talent 

21 and technological capabilities that the Federal Gov22 ernment could harness; and 

23 (5) these companies would be able to more ef24 fectively develop automation, artificial intelligence, 

25 and associated algorithms if given access to data of 


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1 the National Geospatial-Intelligence Agency, con2 sistent with the protection of sources and methods. 

3 (b) REPORT.—Not later than 30 days after the date 

4 of the enactment of this Act, the Director of the National 

5 Geospatial-Intelligence Agency shall submit to the appro6 priate congressional committees a report on the authori7 ties necessary to conduct commercial activities relating to 

8 geospatial intelligence that the Director determines nec9 essary to engage in basic research, applied research, data 

10 transfers, and development projects, with respect to auto11 mation, artificial intelligence, and associated algorithms, 

12 including how the Director would use such authorities, 

13 consistent with applicable laws and procedures relating to 

14 the protection of sources and methods. 

15 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE16 FINED.—In this section, the term ‘‘appropriate congres17 sional committees’’ means— 

18 (1) the Committee on Armed Services and the 

19 Select Committee on Intelligence of the Senate; and 

20 (2) the Committee on Armed Services and the 

21 Permanent Select Committee on Intelligence of the 

22 House of Representatives. 


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•S 1761 PCS

1 SEC. 622. TECHNICAL AMENDMENTS RELATED TO THE DE2 PARTMENT OF ENERGY. 

3 (a) NATIONAL NUCLEAR SECURITY ADMINISTRATION

4 ACT.— 

5 (1) CLARIFICATION OF FUNCTIONS OF THE AD6 MINISTRATOR FOR NUCLEAR SECURITY.—Subsection 

7 (b) of section 3212 of the National Nuclear Security 

8 Administration Act (50 U.S.C. 2402(b)) is amend9 ed— 

10 (A) by striking paragraphs (11) and (12); 

11 and 

12 (B) by redesignating paragraphs (13) 

13 through (19) as paragraphs (11) through (17), 

14 respectively. 

15 (2) COUNTERINTELLIGENCE PROGRAMS.—Sec16 tion 3233(b) of the National Nuclear Security Ad17 ministration Act (50 U.S.C. 2423(b)) is amended— 

18 (A) by striking ‘‘Administration’’ and in19 serting ‘‘Department’’; and 

20 (B) by inserting ‘‘Intelligence and’’ after 

21 ‘‘the Office of’’. 

22 (b) ATOMIC ENERGY DEFENSE ACT.—Section 

23 4524(b)(2) of the Atomic Energy Defense Act (50 U.S.C. 

24 2674(b)(2)) is amended by inserting ‘‘Intelligence and’’ 

25 after ‘‘The Director of’’. 


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•S 1761 PCS

1 (c) NATIONAL SECURITY ACT OF 1947.—Paragraph 

2 (2) of section 106(b) of the National Security Act of 1947 

3 (50 U.S.C. 3041(b)(2)) is amended— 

4 (1) in subparagraph (E), by inserting ‘‘and 

5 Counterintelligence’’ after ‘‘Office of Intelligence’’; 

6 (2) by striking subparagraph (F); 

7 (3) by redesignating subparagraphs (G), (H), 

8 and (I) as subparagraphs (F), (G), and (H), respec9 tively; and 

10 (4) in subparagraph (I), by realigning the mar11 gin of such subparagraph 2 ems to the left. 

12 SEC. 623. SENSE OF CONGRESS ON WIKILEAKS. 

13 It is the sense of Congress that WikiLeaks and the 

14 senior leadership of WikiLeaks resemble a non-state hos15 tile intelligence service often abetted by state actors and 

16 should be treated as such a service by the United States. 


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Calendar No. 207 

115TH CONGRESS 

1ST SESSION S. 1761 

A BILL 

To authorize appropriations for fiscal year 2018 for 

tem, and for other purposes. ligence Agency Retirement and Disability SysManagement Account, and the Central Intelthe United States Government, the Community intelligence and intelligence-related activities of 

AUGUST 18, 2017 

Read twice and placed on the calendar 


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