116TH CONGRESS 

1ST SESSION H. R. 3494 

AN ACT 

To authorize appropriations for fiscal years 2018, 2019, and 

2020 for intelligence and intelligence-related activities 

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

Retirement and Disability System, and for other purposes. 
2 

•HR 3494 EH

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. 

4 This Act may be cited as the ‘‘Damon Paul Nelson 

5 and Matthew Young Pollard Intelligence Authorization 

6 Act for Fiscal Years 2018, 2019, and 2020’’. 

7 SEC. 2. DIVISIONS AND TABLE OF CONTENTS. 

8 (a) DIVISIONS.—This Act is organized into two divi9 sions as follows: 

10 (1) Division A—Intelligence Authorizations for 

11 Fiscal Year 2020. 

12 (2) Division B—Intelligence Authorizations for 

13 Fiscal Years 2018 and 2019. 

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

15 this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Divisions and table of contents. 

Sec. 3. Definitions. 

DIVISION A—INTELLIGENCE AUTHORIZATIONS FOR FISCAL YEAR 

2020 

TITLE I—INTELLIGENCE ACTIVITIES 

Sec. 101. Authorization of appropriations. 

Sec. 102. Classified schedule of authorizations. 

Sec. 103. Intelligence community management account. 

TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND 

DISABILITY SYSTEM 

Sec. 201. Authorization of appropriations. 

TITLE III—GENERAL INTELLIGENCE COMMUNITY MATTERS 

Sec. 301. Restriction on conduct of intelligence activities. 

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

Sec. 303. Paid parental leave. 

Sec. 304. Unfunded requirements of the intelligence community. 
3 

•HR 3494 EH

Sec. 305. Extending the Intelligence Identities Protection Act of 1982. 

Sec. 306. Intelligence community public-private talent exchange. 

Sec. 307. Assessment of contracting practices to identify certain security and 

counterintelligence concerns. 

Sec. 308. Required counterintelligence briefings and notifications. 

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE 

INTELLIGENCE COMMUNITY 

Sec. 401. Establishment of Climate Security Advisory Council. 

Sec. 402. Transfer of National Intelligence University to the Office of the Director of National Intelligence. 

Sec. 403. Death benefits for survivors of Central Intelligence Agency personnel. 

Sec. 404. Foreign Threat Response Center. 

TITLE V—MATTERS RELATING TO FOREIGN COUNTRIES 

Sec. 501. Annual reports on influence operations and campaigns in the United 

States by the Communist Party of China. 

Sec. 502. Report on repression of ethnic Muslim minorities in the Xinjiang region of the People’s Republic of China. 

Sec. 503. Report on efforts by People’s Republic of China to influence election 

in Taiwan. 

Sec. 504. Assessment of legitimate and illegitimate financial and other assets 

of Vladimir Putin. 

Sec. 505. Assessments of intentions of political leadership of the Russian Federation. 

Sec. 506. Report on death of Jamal Khashoggi. 

Sec. 507. Assessments regarding the Northern Triangle and Mexico. 

Sec. 508. Sense of Congress and report on Iranian efforts in Syria. 

Sec. 509. Annual reports on influence operations and campaigns in the United 

States by the Russian Federation. 

TITLE VI—FEDERAL EFFORTS AGAINST DOMESTIC TERRORISM 

Sec. 601. Definitions. 

Sec. 602. Annual strategic intelligence assessment of and comprehensive report 

on domestic terrorism. 

Sec. 603. Report characterizing domestic terrorism activity within the United 

States. 

TITLE VII—REPORTS AND OTHER MATTERS 

Sec. 701. Modification of requirements for submission to Congress of certain 

reports. 

Sec. 702. Increased transparency regarding counterterrorism budget of the 

United States. 

Sec. 703. Task force on illicit financing of espionage and foreign influence operations. 

Sec. 704. Study on role of retired and former personnel of intelligence community with respect to certain foreign intelligence operations. 

Sec. 705. Report by Director of National Intelligence on fifth-generation wireless network technology. 

Sec. 706. Establishment of 5G prize competition. 

Sec. 707. Establishment of deepfakes prize competition. 

Sec. 708. Removal and neutralization of IMSI catchers. 

Sec. 709. Plan for strengthening the supply chain intelligence function. 
4 

•HR 3494 EH

Sec. 710. Securing energy infrastructure. 

Sec. 711. Collection, analysis, and dissemination of workforce data. 

Sec. 712. Report on best practices to protect privacy and civil liberties of Chinese Americans. 

Sec. 713. Intelligence assessment of relationship between women and violent extremism. 

Sec. 714. Report on use by intelligence community of facial recognition technology. 

Sec. 715. Report on deepfake technology, foreign weaponization of deepfakes, 

and related notifications. 

Sec. 716. Rule of construction with respect to certain crimes relating to terrorism. 

Sec. 717. Report on international mobile subscriber identity-catchers and 

United States national security. 

Sec. 718. Whistleblower disclosures to Congress and committees of Congress. 

Sec. 719. Report containing threat assessment on terrorist use of conventional 

and advanced conventional weapons. 

Sec. 720. Assessment of homeland security vulnerabilities associated with certain retired and former personnel of the intelligence community. 

Sec. 721. Expansion of availability of financial assets of Iran to victims of terrorism. 

Sec. 722. Report on terrorist screening database. 

Sec. 723. Sense of Congress on Americans and foreign individuals who contribute to the national security of the United States who are 

held captive. 

DIVISION B—INTELLIGENCE AUTHORIZATIONS FOR FISCAL 

YEARS 2018 AND 2019 

TITLE XXI—INTELLIGENCE ACTIVITIES 

Sec. 2101. Authorization of appropriations. 

Sec. 2102. Classified Schedule of Authorizations. 

Sec. 2103. Intelligence Community Management Account. 

TITLE XXII—CENTRAL INTELLIGENCE AGENCY RETIREMENT 

AND DISABILITY SYSTEM 

Sec. 2201. Authorization of appropriations. 

Sec. 2202. Computation of annuities for employees of the Central Intelligence 

Agency. 

TITLE XXIII—GENERAL INTELLIGENCE COMMUNITY MATTERS 

Sec. 2301. Restriction on conduct of intelligence activities. 

Sec. 2302. Increase in employee compensation and benefits authorized by law. 

Sec. 2303. Modification of special pay authority for science, technology, engineering, or mathematics positions and addition of special pay 

authority for cyber positions. 

Sec. 2304. Modification of appointment of Chief Information Officer of the Intelligence Community. 

Sec. 2305. Director of National Intelligence review of placement of positions 

within the intelligence community on the Executive Schedule. 

Sec. 2306. Supply Chain and Counterintelligence Risk Management Task 

Force. 
5 

•HR 3494 EH

Sec. 2307. Consideration of adversarial telecommunications and cybersecurity 

infrastructure when sharing intelligence with foreign governments and entities. 

Sec. 2308. Cyber protection support for the personnel of the intelligence community in positions highly vulnerable to cyber attack. 

Sec. 2309. Elimination of sunset of authority relating to management of supply-chain risk. 

Sec. 2310. Limitations on determinations regarding certain security classifications. 

Sec. 2311. Joint Intelligence Community Council. 

Sec. 2312. Intelligence community information technology environment. 

Sec. 2313. Report on development of secure mobile voice solution for intelligence community. 

Sec. 2314. Policy on minimum insider threat standards. 

Sec. 2315. Submission of intelligence community policies. 

Sec. 2316. Expansion of intelligence community recruitment efforts. 

TITLE XXIV—MATTERS RELATING TO ELEMENTS OF THE 

INTELLIGENCE COMMUNITY 

Subtitle A—Office of the Director of National Intelligence 

Sec. 2401. Authority for protection of current and former employees of the Office of the Director of National Intelligence. 

Sec. 2402. Designation of the program manager-information sharing environment. 

Sec. 2403. Technical modification to the executive schedule. 

Sec. 2404. Chief Financial Officer of the Intelligence Community. 

Sec. 2405. Chief Information Officer of the Intelligence Community. 

Subtitle B—Central Intelligence Agency 

Sec. 2411. Central Intelligence Agency subsistence for personnel assigned to 

austere locations. 

Sec. 2412. Special rules for certain monthly workers’ compensation payments 

and other payments for Central Intelligence Agency personnel. 

Sec. 2413. Expansion of security protective service jurisdiction of the Central 

Intelligence Agency. 

Sec. 2414. Repeal of foreign language proficiency requirement for certain senior 

level positions in the Central Intelligence Agency. 

Subtitle C—Office of Intelligence and Counterintelligence of Department of 

Energy 

Sec. 2421. Consolidation of Department of Energy Offices of Intelligence and 

Counterintelligence. 

Sec. 2422. Establishment of Energy Infrastructure Security Center. 

Sec. 2423. Repeal of Department of Energy Intelligence Executive Committee 

and budget reporting requirement. 

Subtitle D—Other Elements 

Sec. 2431. Plan for designation of counterintelligence component of Defense 

Security Service as an element of intelligence community. 

Sec. 2432. Notice not required for private entities. 

Sec. 2433. Establishment of advisory board for National Reconnaissance Office. 
6 

•HR 3494 EH

Sec. 2434. Collocation of certain Department of Homeland Security personnel 

at field locations. 

TITLE XXV—ELECTION MATTERS 

Sec. 2501. Report on cyber attacks by foreign governments against United 

States election infrastructure. 

Sec. 2502. Review of intelligence community’s posture to collect against and 

analyze Russian efforts to influence the Presidential election. 

Sec. 2503. Assessment of foreign intelligence threats to Federal elections. 

Sec. 2504. Strategy for countering Russian cyber threats to United States elections. 

Sec. 2505. Assessment of significant Russian influence campaigns directed at 

foreign elections and referenda. 

Sec. 2506. Information sharing with State election officials. 

Sec. 2507. Notification of significant foreign cyber intrusions and active measures campaigns directed at elections for Federal offices. 

Sec. 2508. Designation of counterintelligence officer to lead election security 

matters. 

TITLE XXVI—SECURITY CLEARANCES 

Sec. 2601. Definitions. 

Sec. 2602. Reports and plans relating to security clearances and background 

investigations. 

Sec. 2603. Improving the process for security clearances. 

Sec. 2604. Goals for promptness of determinations regarding security clearances. 

Sec. 2605. Security Executive Agent. 

Sec. 2606. Report on unified, simplified, Governmentwide standards for positions of trust and security clearances. 

Sec. 2607. Report on clearance in person concept. 

Sec. 2608. Reports on reciprocity for security clearances inside of departments 

and agencies. 

Sec. 2609. Intelligence community reports on security clearances. 

Sec. 2610. Periodic report on positions in the intelligence community that can 

be conducted without access to classified information, networks, or facilities. 

Sec. 2611. Information sharing program for positions of trust and security 

clearances. 

Sec. 2612. Report on protections for confidentiality of whistleblower-related 

communications. 

TITLE XXVII—REPORTS AND OTHER MATTERS 

Subtitle A—Matters Relating to Russia and Other Foreign Powers 

Sec. 2701. Limitation relating to establishment or support of cybersecurity unit 

with the Russian Federation. 

Sec. 2702. Report on returning Russian compounds. 

Sec. 2703. Assessment of threat finance relating to Russia. 

Sec. 2704. Notification of an active measures campaign. 

Sec. 2705. Notification of travel by accredited diplomatic and consular personnel of the Russian Federation in the United States. 

Sec. 2706. Report on outreach strategy addressing threats from United States 

adversaries to the United States technology sector. 

Sec. 2707. Report on Iranian support of proxy forces in Syria and Lebanon. 
7 

•HR 3494 EH

Sec. 2708. Annual report on Iranian expenditures supporting foreign military 

and terrorist activities. 

Sec. 2709. Expansion of scope of committee to counter active measures and report on establishment of Foreign Malign Influence Center. 

Subtitle B—Reports 

Sec. 2711. Technical correction to Inspector General study. 

Sec. 2712. Reports on authorities of the Chief Intelligence Officer of the Department of Homeland Security. 

Sec. 2713. Review of intelligence community whistleblower matters. 

Sec. 2714. Report on role of Director of National Intelligence with respect to 

certain foreign investments. 

Sec. 2715. Report on surveillance by foreign governments against United States 

telecommunications networks. 

Sec. 2716. Biennial report on foreign investment risks. 

Sec. 2717. Modification of certain reporting requirement on travel of foreign 

diplomats. 

Sec. 2718. Semiannual reports on investigations of unauthorized disclosures of 

classified information. 

Sec. 2719. Congressional notification of designation of covered intelligence officer as persona non grata. 

Sec. 2720. Reports on intelligence community participation in vulnerabilities equities process of Federal Government. 

Sec. 2721. Inspectors General reports on classification. 

Sec. 2722. Reports on global water insecurity and national security implications 

and briefing on emerging infectious disease and pandemics. 

Sec. 2723. Annual report on memoranda of understanding between elements of 

intelligence community and other entities of the United States 

Government regarding significant operational activities or policy. 

Sec. 2724. Study on the feasibility of encrypting unclassified wireline and wireless telephone calls. 

Sec. 2725. Modification of requirement for annual report on hiring and retention of minority employees. 

Sec. 2726. Reports on intelligence community loan repayment and related programs. 

Sec. 2727. Repeal of certain reporting requirements. 

Sec. 2728. Inspector General of the Intelligence Community report on senior 

executives of the Office of the Director of National Intelligence. 

Sec. 2729. Briefing on Federal Bureau of Investigation offering permanent residence to sources and cooperators. 

Sec. 2730. Intelligence assessment of North Korea revenue sources. 

Sec. 2731. Report on possible exploitation of virtual currencies by terrorist actors. 

Subtitle C—Other Matters 

Sec. 2741. Public Interest Declassification Board. 

Sec. 2742. Technical and clerical amendments to the National Security Act of 

1947. 

Sec. 2743. Technical amendments related to the Department of Energy. 

Sec. 2744. Sense of Congress on notification of certain disclosures of classified 

information. 
8 

•HR 3494 EH

Sec. 2745. Sense of Congress on consideration of espionage activities when considering whether or not to provide visas to foreign individuals 

to be accredited to a United Nations mission in the United 

States. 

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) CONGRESSIONAL INTELLIGENCE COMMIT4 TEES.—The term ‘‘congressional intelligence com5 mittees’’ has the meaning given such term in section 

6 3 of the National Security Act of 1947 (50 U.S.C. 

7 3003). 

8 (2) INTELLIGENCE COMMUNITY.—The term 

9 ‘‘intelligence community’’ has the meaning given 

10 such term in section 3 of the National Security Act 

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

12 DIVISION A—INTELLIGENCE AU13 THORIZATIONS FOR FISCAL 

14 YEAR 2020 

15 TITLE I—INTELLIGENCE 

16 ACTIVITIES 

17 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

18 Funds are hereby authorized to be appropriated for 

19 fiscal year 2020 for the conduct of the intelligence and 

20 intelligence-related activities of the following elements of 

21 the United States Government: 

22 (1) The Office of the Director of National Intel23 ligence. 
9 

•HR 3494 EH

1 (2) The Central Intelligence Agency. 

2 (3) The Department of Defense. 

3 (4) The Defense Intelligence Agency. 

4 (5) The National Security Agency. 

5 (6) The Department of the Army, the Depart6 ment of the Navy, and the Department of the Air 

7 Force. 

8 (7) The Coast Guard. 

9 (8) The Department of State. 

10 (9) The Department of the Treasury. 

11 (10) The Department of Energy. 

12 (11) The Department of Justice. 

13 (12) The Federal Bureau of Investigation. 

14 (13) The Drug Enforcement Administration. 

15 (14) The National Reconnaissance Office. 

16 (15) The National Geospatial-Intelligence Agen17 cy. 

18 (16) The Department of Homeland Security. 

19 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

20 (a) SPECIFICATIONS OF AMOUNTS.—The amounts 

21 authorized to be appropriated under section 101 for the 

22 conduct of the intelligence activities of the elements listed 

23 in paragraphs (1) through (16) of section 101, are those 

24 specified in the classified Schedule of Authorizations pre25 pared to accompany this Act. 
10 

•HR 3494 EH

1 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU2 THORIZATIONS.— 

3 (1) AVAILABILITY.—The classified Schedule of 

4 Authorizations referred to in subsection (a) shall be 

5 made available to the Committee on Appropriations 

6 of the Senate, the Committee on Appropriations of 

7 the House of Representatives, and to the President. 

8 (2) DISTRIBUTION BY THE PRESIDENT.—Sub9 ject to paragraph (3), the President shall provide for 

10 suitable distribution of the classified Schedule of Au11 thorizations referred to in subsection (a), or of ap12 propriate portions of such Schedule, within the exec13 utive branch. 

14 (3) LIMITS ON DISCLOSURE.—The President 

15 shall not publicly disclose the classified Schedule of 

16 Authorizations or any portion of such Schedule ex17 cept— 

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

19 Implementing Recommendations of the 9/11 

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

21 (B) to the extent necessary to implement 

22 the budget; or 

23 (C) as otherwise required by law. 
11 

•HR 3494 EH

1 SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT AC2 COUNT. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated for the Intelligence Commu5 nity Management Account of the Director of National In6 telligence for fiscal year 2020 the sum of $565,637,000. 

7 (b) CLASSIFIED AUTHORIZATION OF APPROPRIA8 TIONS.—In addition to amounts authorized to be appro9 priated for the Intelligence Community Management Ac10 count by subsection (a), there are authorized to be appro11 priated for the Intelligence Community Management Ac12 count for fiscal year 2020 such additional amounts as are 

13 specified in the classified Schedule of Authorizations re14 ferred to in section 102(a). 

15 TITLE II—CENTRAL INTEL16 LIGENCE AGENCY RETIRE17 MENT AND DISABILITY SYS18 TEM 

19 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

20 There is authorized to be appropriated for the Cen21 tral Intelligence Agency Retirement and Disability fund 

22 $514,000,000 for fiscal year 2020. 
12 

•HR 3494 EH

1 TITLE III—GENERAL INTEL2 LIGENCE COMMUNITY MAT3 TERS 

4 SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE 

5 ACTIVITIES. 

6 The authorization of appropriations by this Act shall 

7 not be deemed to constitute authority for the conduct of 

8 any intelligence activity which is not otherwise authorized 

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

10 SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND 

11 BENEFITS AUTHORIZED BY LAW. 

12 Appropriations authorized by this Act for salary, pay, 

13 retirement, and other benefits for Federal employees may 

14 be increased by such additional or supplemental amounts 

15 as may be necessary for increases in such compensation 

16 or benefits authorized by law. 

17 SEC. 303. PAID PARENTAL LEAVE. 

18 (a) PURPOSE.—The purpose of this section is to— 

19 (1) help the intelligence community recruit and 

20 retain a dynamic, multi-talented, and diverse work21 force capable of meeting the security goals of the 

22 United States; and 

23 (2) establish best practices and processes for 

24 other elements of the Federal Government seeking to 

25 pursue similar policies. 
13 

•HR 3494 EH

1 (b) AUTHORIZATION OF PAID PARENTAL LEAVE FOR

2 INTELLIGENCE COMMUNITY EMPLOYEES.— 

3 (1) IN GENERAL.—Title III of the National Se4 curity Act of 1947 (50 U.S.C. 3071 et seq.) is 

5 amended by inserting after section 304 the fol6 lowing: 

7 ‘‘SEC. 305. PAID PARENTAL LEAVE. 

8 ‘‘(a) PAID PARENTAL LEAVE.—Notwithstanding any 

9 other provision of law, a civilian employee of an element 

10 of the intelligence community shall have available a total 

11 of 12 administrative workweeks of paid parental leave in 

12 the event of the birth of a child of the employee, or place13 ment of a child with the employee for adoption or foster 

14 care in order to care for such son or daughter. Such paid 

15 parental leave shall be used during the 12-month period 

16 beginning on the date of the birth or placement. Nothing 

17 in this section shall be construed to modify or otherwise 

18 affect the eligibility of an employee of an element of the 

19 intelligence community for benefits relating to leave under 

20 any other provision of law. 

21 ‘‘(b) TREATMENT OF PARENTAL LEAVE REQUEST.— 

22 Notwithstanding any other provision of law— 

23 ‘‘(1) an element of the intelligence community 

24 shall accommodate an employee’s leave request 

25 under subsection (a), including a request to use such 
14 

•HR 3494 EH

1 leave intermittently or to create a reduced work 

2 schedule, to the extent that the requested leave 

3 schedule does not unduly disrupt operations; and 

4 ‘‘(2) to the extent that an employee’s requested 

5 leave described in paragraph (1) arises out of med6 ical necessity related to a serious health condition 

7 connected to the birth of a child, the employing ele8 ment shall handle the scheduling consistent with the 

9 treatment of employees who are using leave under 

10 subparagraph (C) or (D) of section 6382(a)(1) of 

11 title 5, United States Code. 

12 ‘‘(c) RULES RELATING TO PAID LEAVE.—Notwith13 standing any other provision of law— 

14 ‘‘(1) an employee may not be required to first 

15 use all or any portion of any unpaid leave available 

16 to the employee before being allowed to use the paid 

17 parental leave described in subsection (a); and 

18 ‘‘(2) paid parental leave under subsection (a)— 

19 ‘‘(A) shall be payable from any appropria20 tion or fund available for salaries or expenses 

21 for positions within the employing element; 

22 ‘‘(B) may not be considered to be annual 

23 or vacation leave for purposes of section 5551 

24 or 5552 of title 5, United States Code, or for 

25 any other purpose; 
15 

•HR 3494 EH

1 ‘‘(C) if not used by the employee before the 

2 end of the 12-month period described in sub3 section (a) to which the leave relates, may not 

4 be available for any subsequent use and may 

5 not be converted into a cash payment; 

6 ‘‘(D) may be granted only to the extent 

7 that the employee does not receive a total of 

8 more than 12 weeks of paid parental leave in 

9 any 12-month period beginning on the date of 

10 a birth or placement; 

11 ‘‘(E) may not be granted— 

12 ‘‘(i) in excess of a lifetime aggregate 

13 total of 30 administrative workweeks based 

14 on placements of a foster child for any in15 dividual employee; or 

16 ‘‘(ii) in connection with temporary fos17 ter care placements expected to last less 

18 than 1 year; 

19 ‘‘(F) may not be granted for a child being 

20 placed for foster care or adoption if such leave 

21 was previously granted to the same employee 

22 when the same child was placed with the em23 ployee for foster care in the past; 

24 ‘‘(G) shall be used in increments of hours 

25 (or fractions thereof), with 12 administrative 
16 

•HR 3494 EH

1 workweeks equal to 480 hours for employees 

2 with a regular full-time work schedule and con3 verted to a proportional number of hours for 

4 employees with part-time, seasonal, or uncom5 mon tours of duty; and 

6 ‘‘(H) may not be used during off-season 

7 (nonpay status) periods for employees with sea8 sonal work schedules. 

9 ‘‘(d) IMPLEMENTATION PLAN.—Not later than 1 

10 year after the date of the enactment of this section, the 

11 Director of National Intelligence shall submit to the con12 gressional intelligence committees an implementation plan 

13 that includes— 

14 ‘‘(1) processes and procedures for implementing 

15 the paid parental leave policies under subsections (a) 

16 through (c); 

17 ‘‘(2) an explanation of how the implementation 

18 of subsections (a) through (c) will be reconciled with 

19 policies of other elements of the Federal Govern20 ment, including the impact on elements funded by 

21 the National Intelligence Program that are housed 

22 within agencies outside the intelligence community; 

23 and 
17 

•HR 3494 EH

1 ‘‘(3) all costs or operational expenses associated 

2 with the implementation of subsections (a) through 

3 (c). 

4 ‘‘(e) DIRECTIVE.—Not later than 180 days after the 

5 Director of National Intelligence submits the implementa6 tion plan under subsection (d), the Director of National 

7 Intelligence shall issue a written directive to implement 

8 this section, which directive shall take effect on the date 

9 of issuance. 

10 ‘‘(f) ANNUAL REPORT.—The Director of National In11 telligence shall submit to the congressional intelligence 

12 committees an annual report that— 

13 ‘‘(1) details the number of employees of each 

14 element of the intelligence community who applied 

15 for and took paid parental leave under subsection 

16 (a) during the year covered by the report; 

17 ‘‘(2) details the number of— 

18 ‘‘(A) employees of each element of the in19 telligence community stationed abroad who ap20 plied for and took paid parental leave under 

21 subsection (a) during the year covered by the 

22 report; and 

23 ‘‘(B) employees of each element of the in24 telligence community stationed abroad who ap25 plied for paid parental leave but such applica-
18 

•HR 3494 EH

1 tion was not granted because of an undue im2 pact on operations as specified in subsection 

3 (b)(1); and 

4 ‘‘(3) includes updates on major implementation 

5 challenges or costs associated with paid parental 

6 leave. 

7 ‘‘(g) DEFINITION OF CHILD.—For purposes of this 

8 section, the term ‘child’ means a biological, adopted, or 

9 foster child, a stepchild, a legal ward, or a child of a per10 son standing in loco parentis, who is— 

11 ‘‘(1) under 18 years of age; or 

12 ‘‘(2) 18 years of age or older and incapable of 

13 self-care because of a mental or physical disability.’’. 

14 (2) CLERICAL AMENDMENT.—The table of con15 tents in the matter preceding section 2 of the Na16 tional Security Act of 1947 (50 U.S.C. 3002) is 

17 amended by inserting after the item relating to sec18 tion 304 the following: 

‘‘Sec. 305. Paid parental leave.’’. 

19 (c) APPLICABILITY.—Section 305 of the National Se20 curity Act of 1947, as added by subsection (b), shall apply 

21 with respect to leave taken in connection with the birth 

22 or placement of a child that occurs on or after the date 

23 on which the Director of National Intelligence issues the 

24 written directive under subsection (e) of such section 305. 
19 

•HR 3494 EH

1 SEC. 304. UNFUNDED REQUIREMENTS OF THE INTEL2 LIGENCE COMMUNITY. 

3 (a) IN GENERAL.—Title V of the National Security 

4 Act of 1947 (50 U.S.C. 3091 et seq.) is amended by add5 ing at the end the following new section: 

6 ‘‘SEC. 512. UNFUNDED PRIORITIES OF THE INTELLIGENCE 

7 COMMUNITY. 

8 ‘‘(a) BRIEFINGS.—Upon the request of an appro9 priate congressional committee, the Director of National 

10 Intelligence shall provide to the committee a briefing on 

11 the unfunded priorities of an element of the intelligence 

12 community. 

13 ‘‘(b) DEFINITIONS.—In this section: 

14 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT15 TEES.—The term ‘appropriate congressional com16 mittees’ means— 

17 ‘‘(A) the congressional intelligence commit18 tees; and 

19 ‘‘(B) the Committees on Appropriations of 

20 the House of Representatives and the Senate. 

21 ‘‘(2) UNFUNDED PRIORITY.—The term ‘un22 funded priority’, in the case of a fiscal year, means 

23 a program, activity, or other initiative of an element 

24 of the intelligence community that— 

25 ‘‘(A) was submitted by the head of the ele26 ment to the Director of National Intelligence in 
20 

•HR 3494 EH

1 the budget proposal for the element for that fis2 cal year, but was not included by the Director 

3 in the consolidated budget proposal submitted 

4 to the President for that fiscal year; or 

5 ‘‘(B) was submitted by the Director in the 

6 consolidated budget proposal submitted to the 

7 President for that fiscal year, but was not in8 cluded in the budget of the President submitted 

9 to Congress for that fiscal year pursuant to sec10 tion 1105 of title 31, United States Code.’’. 

11 (b) CLERICAL AMENDMENT.—The table of sections 

12 in the first section of such Act is amended by inserting 

13 after the item relating to section 511 the following new 

14 item: 

‘‘Sec. 512. Unfunded priorities of the intelligence community.’’. 

15 SEC. 305. EXTENDING THE INTELLIGENCE IDENTITIES PRO16 TECTION ACT OF 1982. 

17 Section 605(4) of the National Security Act of 1947 

18 (50 U.S.C. 3126(4)) is amended— 

19 (1) in subparagraph (A)— 

20 (A) by striking clause (ii); 

21 (B) in clause (i), by striking ‘‘, and’’ and 

22 inserting ‘‘;’’; and 

23 (C) by striking ‘‘agency—’’ and all that 

24 follows through ‘‘whose identity’’ and inserting 

25 ‘‘agency whose identity’’; and 
21 

•HR 3494 EH

1 (2) in subparagraph (B)(i), by striking ‘‘resides 

2 and acts outside the United States’’ and inserting 

3 ‘‘acts’’. 

4 SEC. 306. INTELLIGENCE COMMUNITY PUBLIC-PRIVATE 

5 TALENT EXCHANGE. 

6 (a) POLICIES, PROCESSES, AND PROCEDURES RE7 QUIRED.—Not later than 270 days after the date of the 

8 enactment of this Act, the Director of National Intel9 ligence shall develop policies, processes, and procedures to 

10 facilitate the rotation of personnel of the intelligence com11 munity to the private sector, and personnel from the pri12 vate sector to the intelligence community. 

13 (b) DETAIL AUTHORITY.—Under policies developed 

14 by the Director pursuant to subsection (a), pursuant to 

15 a written agreement with a private-sector organization, 

16 and with the consent of the employee, a head of an ele17 ment of the intelligence community may arrange for the 

18 temporary detail of an employee of such element to such 

19 private-sector organization, or from such private-sector or20 ganization to such element under this section. 

21 (c) AGREEMENTS.— 

22 (1) IN GENERAL.—A head of an element of the 

23 intelligence community exercising the authority of 

24 the head under subsection (a) shall provide for a 

25 written agreement among the element of the intel-
22 

•HR 3494 EH

1 ligence community, the private-sector organization, 

2 and the employee concerned regarding the terms and 

3 conditions of the employee’s detail under this sec4 tion. The agreement— 

5 (A) shall require that the employee of the 

6 element, upon completion of the detail, serve in 

7 the element, or elsewhere in the civil service if 

8 approved by the head of the element, for a pe9 riod that is at least equal to the length of the 

10 detail; 

11 (B) shall provide that if the employee of 

12 the element fails to carry out the agreement, 

13 such employee shall be liable to the United 

14 States for payment of all non-salary and benefit 

15 expenses of the detail, unless that failure was 

16 for good and sufficient reason, as determined 

17 by the head of the element; 

18 (C) shall contain language informing such 

19 employee of the prohibition on sharing, using, 

20 or otherwise improperly handling classified of 

21 unclassified non-public information for the ben22 efit or advantage of the private-sector organiza23 tion; 
23 

•HR 3494 EH

1 (D) shall contain language governing the 

2 handling of classified information by such em3 ployee during the detail; and 

4 (E) shall contain language requiring the 

5 employee to acknowledge the obligations of the 

6 employee under section 1905 of title 18, United 

7 States Code. 

8 (2) AMOUNT OF LIABILITY.—An amount for 

9 which an employee is liable under paragraph (1) 

10 shall be treated as a debt due the United States. 

11 (3) WAIVER.—The head of an element of the 

12 intelligence community may waive, in whole or in 

13 part, collection of a debt described in paragraph (2) 

14 based on a determination that the collection would 

15 be against equity and good conscience and not in the 

16 best interests of the United States, after taking into 

17 account any indication of fraud, misrepresentation, 

18 fault, or lack of good faith on the part of the em19 ployee. 

20 (d) TERMINATION.—A detail under this section may, 

21 at any time and for any reason, be terminated by the head 

22 of the element of the intelligence community concerned or 

23 the private-sector organization concerned. 

24 (e) DURATION.— 
24 

•HR 3494 EH

1 (1) IN GENERAL.—A detail under this section 

2 shall be for a period of not less than 3 months and 

3 not more than 2 years, renewable up to a total of 

4 3 years. 

5 (2) LONGER PERIODS.—A detail under this sec6 tion may be for a period in excess of 2 years, but 

7 not more than 3 years, if the head of the element 

8 making the detail determines that such detail is nec9 essary to meet critical mission or program require10 ments. 

11 (3) LIMITATION.—No employee of an element 

12 of the intelligence community may be detailed under 

13 this section for more than a total of 5 years, inclu14 sive of all such details. 

15 (f) STATUS OF FEDERAL EMPLOYEES DETAILED TO

16 PRIVATE-SECTOR ORGANIZATIONS.— 

17 (1) IN GENERAL.—An employee of an element 

18 of the intelligence community who is detailed to a 

19 private-sector organization under this section shall 

20 be considered, during the period of detail, to be on 

21 a regular work assignment in the element. The writ22 ten agreement established under subsection (c)(1) 

23 shall address the specific terms and conditions re24 lated to the employee’s continued status as a Fed25 eral employee. 
25 

•HR 3494 EH

1 (2) REQUIREMENTS.—In establishing a tem2 porary detail of an employee of an element of the in3 telligence community to a private-sector organiza4 tion, the head of the element shall— 

5 (A) certify that the temporary detail of 

6 such employee shall not have an adverse or neg7 ative impact on mission attainment or organiza8 tional capabilities associated with the detail; 

9 and 

10 (B) in the case of an element of the intel11 ligence community in the Department of De12 fense, ensure that the normal duties and func13 tions of such employees are not, as a result of 

14 and during the course of such temporary detail, 

15 performed or augmented by contractor per16 sonnel in violation of the provisions of section 

17 2461 of title 10, United States Code. 

18 (g) TERMS AND CONDITIONS FOR PRIVATE-SECTOR

19 EMPLOYEES.—An employee of a private-sector organiza20 tion who is detailed to an element of the intelligence com21 munity under this section— 

22 (1) shall continue to receive pay and benefits 

23 from the private-sector organization from which such 

24 employee is detailed and shall not receive pay or 
26 

•HR 3494 EH

1 benefits from the element, except as provided in 

2 paragraph (2); 

3 (2) is deemed to be an employee of the element 

4 for the purposes of— 

5 (A) chapters 73 and 81 of title 5, United 

6 States Code; 

7 (B) sections 201, 203, 205, 207, 208, 209, 

8 603, 606, 607, 643, 654, 1905, and 1913 of 

9 title 18, United States Code; 

10 (C) sections 1343, 1344, and 1349(b) of 

11 title 31, United States Code; 

12 (D) chapter 171 of title 28, United States 

13 Code (commonly known as the ‘‘Federal Tort 

14 Claims Act’’) and any other Federal tort liabil15 ity statute; 

16 (E) the Ethics in Government Act of 1978 

17 (5 U.S.C. App.); and 

18 (F) chapter 21 of title 41, United States 

19 Code; 

20 (3) may perform work that is considered inher21 ently governmental in nature only when requested in 

22 writing by the head of the element; 

23 (4) may not be used to circumvent any limita24 tion or restriction on the size of the workforce of the 

25 element; 
27 

•HR 3494 EH

1 (5) shall be subject to the same requirements 

2 applicable to an employee performing the same func3 tions and duties proposed for performance by the 

4 private sector employee; and 

5 (6) in the case of an element of the intelligence 

6 community in the Department of Defense, may not 

7 be used to circumvent the provisions of section 2461 

8 of title 10, United States Code. 

9 (h) PROHIBITION AGAINST CHARGING CERTAIN

10 COSTS TO THE FEDERAL GOVERNMENT.—A private-sec11 tor organization may not charge an element of the intel12 ligence community or any other agency of the Federal 

13 Government, as direct costs under a Federal contract, the 

14 costs of pay or benefits paid by the organization to an 

15 employee detailed to an element of the intelligence commu16 nity under this section for the period of the detail and 

17 any subsequent renewal periods. 

18 (i) ADDITIONAL ADMINISTRATIVE MATTERS.—In 

19 carrying out this section, the Director, pursuant to proce20 dures developed under subsection (a)— 

21 (1) shall, to the degree practicable, ensure that 

22 small business concerns are represented with respect 

23 to details authorized by this section; 

24 (2) may, notwithstanding any other provision of 

25 law, establish criteria for elements of the intelligence 
28 

•HR 3494 EH

1 community to use appropriated funds to reimburse 

2 small business concerns for the salaries and benefits 

3 of its employees during the periods when the small 

4 business concern agrees to detail its employees to 

5 the intelligence community under this section; 

6 (3) shall take into consideration the question of 

7 how details under this section might best be used to 

8 help meet the needs of the intelligence community, 

9 including with respect to the training of employees; 

10 (4) shall take into consideration areas of pri11 vate-sector expertise that are critical to the intel12 ligence community; and 

13 (5) shall establish oversight mechanisms to de14 termine whether the public-private exchange author15 ized by this section improves the efficiency and effec16 tiveness of the intelligence community. 

17 (j) DEFINITIONS.—In this section: 

18 (1) DETAIL.—The term ‘‘detail’’ means, as ap19 propriate in the context in which such term is 

20 used— 

21 (A) the assignment or loan of an employee 

22 of an element of the intelligence community to 

23 a private-sector organization without a change 

24 of position from the intelligence community ele25 ment that employs the individual; or 
29 

•HR 3494 EH

1 (B) the assignment or loan of an employee 

2 of a private-sector organization to an element of 

3 the intelligence community without a change of 

4 position from the private-sector organization 

5 that employs the individual. 

6 (2) PRIVATE-SECTOR ORGANIZATION.—The 

7 term ‘‘private-sector organization’’ means— 

8 (A) a for-profit organization; or 

9 (B) a not-for-profit organization. 

10 (3) SMALL BUSINESS CONCERN.—The term 

11 ‘‘small business concern’’ has the meaning given 

12 such term in section 3703(e)(2) of title 5, United 

13 States Code. 

14 SEC. 307. ASSESSMENT OF CONTRACTING PRACTICES TO 

15 IDENTIFY CERTAIN SECURITY AND COUNTER16 INTELLIGENCE CONCERNS. 

17 (a) ASSESSMENT.— 

18 (1) CONTRACTING PRACTICES.—The Director of 

19 National Intelligence shall conduct an assessment of 

20 the authorities, policies, processes, and standards 

21 used by the elements of the intelligence community 

22 to ensure that the elements appropriately weigh se23 curity and counterintelligence risks in awarding a 

24 contract to a contractor that— 
30 

•HR 3494 EH

1 (A) carries out any joint research and de2 velopment activities with a covered foreign 

3 country; or 

4 (B) performs any contract or other agree5 ment entered into with a covered foreign coun6 try. 

7 (2) ELEMENTS.—The assessment under para8 graph (1) shall include the following: 

9 (A) An assessment of whether the authori10 ties, policies, processes, and standards specified 

11 in paragraph (1) sufficiently identify security 

12 and counterintelligence concerns. 

13 (B) Identification of any authority gaps in 

14 such authorities, policies, processes, and stand15 ards that prevent the intelligence community 

16 from considering the activities specified in sub17 paragraphs (A) and (B) of paragraph (1) when 

18 evaluating offers for a contract. 

19 (3) CONSULTATION.—In carrying out para20 graph (1), the Director shall consult with each head 

21 of an element of the intelligence community. 

22 (b) REPORT.— 

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

24 after the date of the enactment of this Act, the Di25 rector shall submit to the congressional intelligence 
31 

•HR 3494 EH

1 committees a report on the assessment under sub2 section (a)(1). 

3 (2) MATTERS INCLUDED.—The report under 

4 paragraph (1) shall include the following: 

5 (A) The assessment under subsection 

6 (a)(1). 

7 (B) An identification of any known con8 tractors that have— 

9 (i) carried out activities specified in 

10 subparagraphs (A) and (B) of subsection 

11 (a)(1); and 

12 (ii) submitted an offer for a contract 

13 with an element of the intelligence commu14 nity. 

15 (C) A description of the steps that the Di16 rector and the heads of the elements of the in17 telligence community took to identify contrac18 tors under subparagraph (B). 

19 (3) FORM.—The report under paragraph (1) 

20 shall be submitted in unclassified form, but may in21 clude a classified annex. 

22 (c) COVERED FOREIGN COUNTRY DEFINED.—In this 

23 section, the term ‘‘covered foreign country’’ means the 

24 government, or any entity affiliated with the military or 

25 intelligence services of, the following foreign countries: 
32 

•HR 3494 EH

1 (1) The People’s Republic of China. 

2 (2) The Russian Federation. 

3 (3) The Democratic People’s Republic of Korea. 

4 (4) The Islamic Republic of Iran. 

5 SEC. 308. REQUIRED COUNTERINTELLIGENCE BRIEFINGS 

6 AND NOTIFICATIONS. 

7 (a) FOREIGN COUNTERINTELLIGENCE AND CYBER8 SECURITY THREATS TO FEDERAL ELECTION CAM9 PAIGNS.— 

10 (1) REPORTS REQUIRED.— 

11 (A) IN GENERAL.—As provided in sub12 paragraph (B), for each Federal election, the 

13 Director of National Intelligence, in coordina14 tion with the Under Secretary of Homeland Se15 curity for Intelligence and Analysis and the Di16 rector of the Federal Bureau of Investigation, 

17 shall make publicly available on an Internet 

18 website an advisory report on foreign counter19 intelligence and cybersecurity threats to election 

20 campaigns for Federal offices. Each such report 

21 shall include, consistent with the protection of 

22 sources and methods, each of the following: 

23 (i) A description of foreign counter24 intelligence and cybersecurity threats to 

25 election campaigns for Federal offices. 
33 

•HR 3494 EH

1 (ii) A summary of best practices that 

2 election campaigns for Federal offices can 

3 employ in seeking to counter such threats. 

4 (iii) An identification of any publicly 

5 available resources, including United 

6 States Government resources, for coun7 tering such threats. 

8 (B) SCHEDULE FOR SUBMITTAL.—A re9 port under this subsection shall be made avail10 able as follows: 

11 (i) In the case of a report regarding 

12 an election held for the office of Senator or 

13 Member of the House of Representatives 

14 during 2018, not later than the date that 

15 is 60 days after the date of the enactment 

16 of this Act. 

17 (ii) In the case of a report regarding 

18 an election for a Federal office during any 

19 subsequent year, not later than the date 

20 that is 1 year before the date of the elec21 tion. 

22 (C) INFORMATION TO BE INCLUDED.—A 

23 report under this subsection shall reflect the 

24 most current information available to the Direc-
34 

•HR 3494 EH

1 tor of National Intelligence regarding foreign 

2 counterintelligence and cybersecurity threats. 

3 (2) TREATMENT OF CAMPAIGNS SUBJECT TO

4 HEIGHTENED THREATS.—If the Director of the Fed5 eral Bureau of Investigation and the Under Sec6 retary of Homeland Security for Intelligence and 

7 Analysis jointly determine that an election campaign 

8 for Federal office is subject to a heightened foreign 

9 counterintelligence or cybersecurity threat, the Di10 rector and the Under Secretary, consistent with the 

11 protection of sources and methods, may make avail12 able additional information to the appropriate rep13 resentatives of such campaign. 

14 (b) BRIEFINGS ON COUNTERINTELLIGENCE ACTIVI15 TIES OF THE FEDERAL BUREAU OF INVESTIGATION.— 

16 (1) IN GENERAL.—Title V of the National Se17 curity Act of 1947 (50 U.S.C. 3091 et seq.), as 

18 amended by section 304, is further amended by add19 ing at the end the following new section: 

20 ‘‘SEC. 513. BRIEFINGS AND NOTIFICATIONS ON COUNTER21 INTELLIGENCE ACTIVITIES OF THE FEDERAL 

22 BUREAU OF INVESTIGATION. 

23 ‘‘(a) QUARTERLY BRIEFINGS.—In addition to, and 

24 without any derogation of, the requirement under section 

25 501 to keep the congressional intelligence committees fully 
35 

•HR 3494 EH

1 and currently informed of the intelligence and counter2 intelligence activities of the United States, not less fre3 quently than once each quarter, the Director of the Fed4 eral Bureau of Investigation shall provide to the congres5 sional intelligence committees a briefing on the counter6 intelligence activities of the Federal Bureau of Investiga7 tion. Such briefings shall include, at a minimum, an over8 view and update of— 

9 ‘‘(1) the counterintelligence posture of the Bu10 reau; 

11 ‘‘(2) counterintelligence investigations; and 

12 ‘‘(3) any other information relating to the coun13 terintelligence activities of the Bureau that the Di14 rector determines necessary. 

15 ‘‘(b) NOTIFICATIONS.—In addition to the quarterly 

16 briefings under subsection (a), the Director of the Federal 

17 Bureau of Investigation shall promptly notify the congres18 sional intelligence committees of any counterintelligence 

19 investigation carried out by the Bureau with respect to 

20 any counterintelligence risk or threat that is related to an 

21 election or campaign for Federal office. 

22 ‘‘(c) GUIDELINES.— 

23 ‘‘(1) DEVELOPMENT AND CONSULTATION.—The 

24 Director shall develop guidelines governing the scope 

25 of the briefings provided under subsection (a), the 
36 

•HR 3494 EH

1 notifications provided under subsection (b), and the 

2 information required by section 308(a)(2) of the 

3 Damon Paul Nelson and Matthew Young Pollard In4 telligence Authorization Act for Fiscal Years 2018, 

5 2019, and 2020. The Director shall consult the con6 gressional intelligence committees during such devel7 opment. 

8 ‘‘(2) SUBMISSION.—The Director shall submit 

9 to the congressional intelligence committees— 

10 ‘‘(A) the guidelines under paragraph (1) 

11 upon issuance; and 

12 ‘‘(B) any updates to such guidelines by not 

13 later than 15 days after making such update.’’. 

14 (2) CLERICAL AMENDMENT.—The table of con15 tents at the beginning of such Act, as amended by 

16 section 304, is further amended by inserting after 

17 the item relating to section 512 the following new 

18 item: 

‘‘Sec. 513. Briefings and notifications on counterintelligence activities of the 

Federal Bureau of Investigation.’’. 
37 

•HR 3494 EH

1 TITLE IV—MATTERS RELATING 

2 TO ELEMENTS OF THE INTEL3 LIGENCE COMMUNITY 

4 SEC. 401. ESTABLISHMENT OF CLIMATE SECURITY ADVI5 SORY COUNCIL. 

6 (a) ESTABLISHMENT.—Title I of the National Secu7 rity Act of 1947 (50 U.S.C. 3021 et seq.) is amended by 

8 adding at the end the following new section: 

9 ‘‘SEC. 120. CLIMATE SECURITY ADVISORY COUNCIL. 

10 ‘‘(a) ESTABLISHMENT.—The Director of National In11 telligence shall establish a Climate Security Advisory 

12 Council for the purpose of— 

13 ‘‘(1) assisting intelligence analysts of various 

14 elements of the intelligence community with respect 

15 to analysis of climate security and its impact on the 

16 areas of focus of such analysts; 

17 ‘‘(2) facilitating coordination between the ele18 ments of the intelligence community and elements of 

19 the Federal Government that are not elements of the 

20 intelligence community in collecting data on, and 

21 conducting analysis of, climate change and climate 

22 security; and 

23 ‘‘(3) ensuring that the intelligence community is 

24 adequately prioritizing climate change in carrying 

25 out its activities. 
38 

•HR 3494 EH

1 ‘‘(b) COMPOSITION OF COUNCIL.— 

2 ‘‘(1) MEMBERS.—The Council shall be com3 posed of the following individuals appointed by the 

4 Director of National Intelligence: 

5 ‘‘(A) An appropriate official from the Na6 tional Intelligence Council, who shall chair the 

7 Council. 

8 ‘‘(B) The lead official with respect to cli9 mate and environmental security analysis 

10 from— 

11 ‘‘(i) the Central Intelligence Agency; 

12 ‘‘(ii) the Bureau of Intelligence and 

13 Research of the Department of State; 

14 ‘‘(iii) the National Geospatial-Intel15 ligence Agency; 

16 ‘‘(iv) the Office of Intelligence and 

17 Counterintelligence of the Department of 

18 Energy; 

19 ‘‘(v) the Office of the Under Secretary 

20 of Defense for Intelligence; and 

21 ‘‘(vi) the Defense Intelligence Agency. 

22 ‘‘(C) Three appropriate officials from ele23 ments of the Federal Government that are not 

24 elements of the intelligence community that are 

25 responsible for— 
39 

•HR 3494 EH

1 ‘‘(i) providing decision-makers with a 

2 predictive understanding of the climate; 

3 ‘‘(ii) making observations of our 

4 Earth system that can be used by the pub5 lic, policymakers, and to support strategic 

6 decisions; or 

7 ‘‘(iii) coordinating Federal research 

8 and investments in understanding the 

9 forces shaping the global environment, 

10 both human and natural, and their impacts 

11 on society. 

12 ‘‘(D) Any other officials as the Director of 

13 National Intelligence or the chair of the Council 

14 may determine appropriate. 

15 ‘‘(2) RESPONSIBILITIES OF CHAIR.—The chair 

16 of the Council shall have responsibility for— 

17 ‘‘(A) identifying agencies to supply individ18 uals from elements of the Federal Government 

19 that are not elements of the intelligence com20 munity; 

21 ‘‘(B) securing the permission of the rel22 evant agency heads for the participation of such 

23 individuals on the Council; and 

24 ‘‘(C) any other duties that the Director of 

25 National Intelligence may direct. 
40 

•HR 3494 EH

1 ‘‘(c) DUTIES AND RESPONSIBILITIES OF COUNCIL.— 

2 The Council shall carry out the following duties and re3 sponsibilities: 

4 ‘‘(1) To meet at least quarterly to— 

5 ‘‘(A) exchange appropriate data between 

6 elements of the intelligence community and ele7 ments of the Federal Government that are not 

8 elements of the intelligence community; 

9 ‘‘(B) discuss processes for the routine ex10 change of such data and implementation of 

11 such processes; and 

12 ‘‘(C) prepare summaries of the business 

13 conducted at each meeting. 

14 ‘‘(2) To assess and determine best practices 

15 with respect to the analysis of climate security, in16 cluding identifying publicly available information 

17 and intelligence acquired through clandestine means 

18 that enables such analysis. 

19 ‘‘(3) To assess and identify best practices with 

20 respect to prior efforts of the intelligence community 

21 to analyze climate security. 

22 ‘‘(4) To assess and describe best practices for 

23 identifying and disseminating climate security indi24 cators and warnings. 
41 

•HR 3494 EH

1 ‘‘(5) To recommend methods of incorporating 

2 analysis of climate security and the best practices 

3 identified under paragraphs (2) through (4) into ex4 isting analytic training programs. 

5 ‘‘(6) To consult, as appropriate, with other ele6 ments of the intelligence community that conduct 

7 analysis of climate change or climate security and 

8 elements of the Federal Government that are not 

9 elements of the intelligence community that conduct 

10 analysis of climate change or climate security, for 

11 the purpose of sharing information about ongoing ef12 forts and avoiding duplication of existing efforts. 

13 ‘‘(7) To work with elements of the intelligence 

14 community that conduct analysis of climate change 

15 or climate security and elements of the Federal Gov16 ernment that are not elements of the intelligence 

17 community that conduct analysis of climate change 

18 or climate security— 

19 ‘‘(A) to exchange appropriate data between 

20 such elements, establish processes, procedures 

21 and practices for the routine exchange of such 

22 data, discuss the implementation of such proc23 esses; and 

24 ‘‘(B) to enable and facilitate the sharing of 

25 findings and analysis between such elements. 
42 

•HR 3494 EH

1 ‘‘(8) To assess whether the elements of the in2 telligence community that conduct analysis of cli3 mate change or climate security may inform the re4 search direction of academic work and the sponsored 

5 work of the United States Government. 

6 ‘‘(9) At the discretion of the chair of the Coun7 cil, to convene conferences of analysts and non-intel8 ligence community personnel working on climate 

9 change or climate security on subjects that the chair 

10 shall direct. 

11 ‘‘(d) SUNSET.—The Council shall terminate on the 

12 date that is 4 years after the date of the enactment of 

13 this section. 

14 ‘‘(e) DEFINITIONS.—In this section: 

15 ‘‘(1) CLIMATE SECURITY.—The term ‘climate 

16 security’ means the effects of climate change on the 

17 following: 

18 ‘‘(A) The national security of the United 

19 States, including national security infrastruc20 ture. 

21 ‘‘(B) Subnational, national, and regional 

22 political stability. 

23 ‘‘(C) The security of allies and partners of 

24 the United States. 
43 

•HR 3494 EH

1 ‘‘(D) Ongoing or potential political vio2 lence, including unrest, rioting, guerrilla war3 fare, insurgency, terrorism, rebellion, revolution, 

4 civil war, and interstate war. 

5 ‘‘(2) CLIMATE INTELLIGENCE INDICATIONS AND

6 WARNINGS.—The term ‘climate intelligence indica7 tions and warnings’ means developments relating to 

8 climate security with the potential to— 

9 ‘‘(A) imminently and substantially alter 

10 the political stability or degree of human secu11 rity in a country or region; or 

12 ‘‘(B) imminently and substantially threat13 en— 

14 ‘‘(i) the national security of the 

15 United States; 

16 ‘‘(ii) the military, political, or eco17 nomic interests of allies and partners of 

18 the United States; or 

19 ‘‘(iii) citizens of the United States 

20 abroad.’’. 

21 (b) CLERICAL AMENDMENT.—The table of contents 

22 in the first section of the National Security Act of 1947 

23 is amended by inserting after the item relating to section 

24 119B the following new item: 

‘‘Sec. 120. Climate Security Advisory Council.’’. 
44 

•HR 3494 EH

1 (c) INITIAL APPOINTMENTS.—Not later than 90 days 

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

3 of National Intelligence shall appoint the members of the 

4 Council under section 120 of the National Security Act 

5 of 1947, as added by subsection (a). 

6 SEC. 402. TRANSFER OF NATIONAL INTELLIGENCE UNIVER7 SITY TO THE OFFICE OF THE DIRECTOR OF 

8 NATIONAL INTELLIGENCE. 

9 (a) TRANSFER.—Not later than 90 days after the 

10 date of the enactment of this Act, the Director of the De11 fense Intelligence Agency shall transfer to the Director of 

12 National Intelligence the National Intelligence University, 

13 including the functions, personnel, assets, and liabilities 

14 of the University. 

15 (b) DEGREE-GRANTING AUTHORITY.— 

16 (1) REGULATIONS.—Under regulations pre17 scribed by the Director of National Intelligence, the 

18 President of the National Intelligence University 

19 may, upon the recommendation of the faculty of the 

20 University, confer appropriate degrees upon grad21 uates who meet the degree requirements. 

22 (2) LIMITATION.—A degree may not be con23 ferred under this section unless— 

24 (A) the appropriate head of a Department 

25 of the Federal Government has recommended 
45 

•HR 3494 EH

1 approval of the degree in accordance with any 

2 Federal policy applicable to the granting of aca3 demic degrees by departments and agencies of 

4 the Federal Government; and 

5 (B) the University is accredited by the ap6 propriate civilian academic accrediting agency 

7 or organization to award the degree, as deter8 mined by such appropriate head of a Depart9 ment. 

10 (c) CONGRESSIONAL NOTIFICATION REQUIRE11 MENTS.— 

12 (1) NOTIFICATION.—When seeking to establish 

13 degree-granting authority under this section, the Di14 rector shall submit to the congressional intelligence 

15 committees— 

16 (A) a copy of the self-assessment question17 naire required by the Federal policy specified in 

18 subsection (b)(2)(A); and 

19 (B) any subsequent recommendations and 

20 rationale of the appropriate head of a Depart21 ment specified in such subsection regarding es22 tablishing such degree-granting authority. 

23 (2) MODIFICATION.—Upon any modification or 

24 redesignation of existing degree-granting authority, 

25 the Director shall submit to the congressional intel-
46 

•HR 3494 EH

1 ligence committees a report containing the rationale 

2 for the proposed modification or redesignation and 

3 any subsequent recommendation described in para4 graph (1)(B) with respect to the proposed modifica5 tion or redesignation. 

6 (3) ACTIONS ON NONACCREDITATION.—The Di7 rector shall submit to the congressional intelligence 

8 committees a report containing an explanation of 

9 any action by the appropriate academic accrediting 

10 agency or organization not to accredit the University 

11 to award any new or existing degree. 

12 (d) CONFORMING REPEAL.—Effective 90 days after 

13 the date of the enactment of this Act, section 2161 of title 

14 10, United States Code, is repealed, and the table of sec15 tions at the beginning of chapter 108 of such title is 

16 amended by striking the item relating to such section 

17 2161. 

18 SEC. 403. DEATH BENEFITS FOR SURVIVORS OF CENTRAL 

19 INTELLIGENCE AGENCY PERSONNEL. 

20 (a) SENSE OF CONGRESS.—It is the sense of Con21 gress that— 

22 (1) officers of the Central Intelligence Agency 

23 who die during a period of assignment to a duty sta24 tion in a foreign country should receive death bene25 fits, regardless of whether the officers— 
47 

•HR 3494 EH

1 (A) were killed on or off duty; 

2 (B) were killed due to an act of terrorism; 

3 or 

4 (C) have surviving dependents; 

5 (2) section 8 of the Central Intelligence Agency 

6 Act of 1949 (50 U.S.C. 3510) has provided the 

7 Agency an appropriate authority for compensating 

8 officers who die abroad who fall into any gaps in ex9 isting death benefit regulations of the Agency, even 

10 before the clarifying amendments made by this Act; 

11 (3) notwithstanding that the improved authority 

12 provided by section 11(c) of such Act (50 U.S.C. 

13 3511(c)), as added by subsection (c) of this section, 

14 is permissive, the Director of the Agency should 

15 promptly use such authority to modify the regula16 tions on death benefits of the Agency to implement 

17 such section 11(c); 

18 (4) the Director should not modify such regula19 tions in a manner that limits or reduces the individ20 uals covered by such regulations as in effect on the 

21 day before the date of the enactment of this Act; 

22 and 

23 (5) upon modifying such regulations, the Direc24 tor should submit such regulations to the congres-
48 

•HR 3494 EH

1 sional intelligence committees pursuant to section 

2 11(b) of such Act. 

3 (b) CLARIFICATION OF CURRENT AUTHORITY.—Sec4 tion 8 of the Central Intelligence Agency Act of 1949 (50 

5 U.S.C. 3510) is amended by inserting before ‘‘rental of’’ 

6 the following: ‘‘payment of death benefits in cases in which 

7 the circumstances of the death of an employee of the 

8 Agency is not covered by section 11, other similar provi9 sions of Federal law, or any regulation issued by the Di10 rector providing death benefits, but that the Director de11 termines such payment appropriate;’’. 

12 (c) IMPROVEMENTS TO BENEFITS.— 

13 (1) REQUIREMENTS.—Section 11 of such Act 

14 (50 U.S.C. 3511) is amended by adding at the end 

15 the following new subsections: 

16 ‘‘(c) PAYMENTS.—(1) In carrying out subsection (a), 

17 the Director may pay to the survivor of a deceased covered 

18 individual an amount equal to 1 year’s salary at level II 

19 of the Executive Schedule under section 5313 of title 5, 

20 United States Code. 

21 ‘‘(2) A covered individual may designate one or more 

22 persons to receive all or a portion of the amount payable 

23 to a survivor under paragraph (1). The designation of a 

24 person to receive a portion of the amount shall indicate 

25 the percentage of the amount, to be specified only in 10 
49 

•HR 3494 EH

1 percent increments, that the designated person may re2 ceive. The balance of the amount, if any, shall be paid 

3 in accordance with subsection (f)(2)(B). 

4 ‘‘(d) EXCEPTION.—The Director may not make a 

5 payment under subsection (a) if the Director determines 

6 that the death was by reason of willful misconduct by the 

7 decedent. 

8 ‘‘(e) FINALITY.—Any determination made by the Di9 rector under this section is final and may not be reviewed. 

10 ‘‘(f) DEFINITIONS.—In this section: 

11 ‘‘(1) The term ‘covered individual’ means any of 

12 the following individuals who die during a period of 

13 assignment to a duty station in a foreign country, 

14 regardless of whether the death is the result of inju15 ries sustained while in the performance of duty: 

16 ‘‘(A) An employee of the Agency. 

17 ‘‘(B) An employee of an element of the 

18 Federal Government other than the Agency who 

19 is detailed or assigned to the Agency at the 

20 time of death. 

21 ‘‘(C) An individual affiliated with the 

22 Agency, as determined by the Director. 

23 ‘‘(2) The term ‘State’ means each of the several 

24 States, the District of Columbia, the Commonwealth 

25 of Puerto Rico, the Commonwealth of the Northern 
50 

•HR 3494 EH

1 Mariana Islands, and any territory or possession of 

2 the United States. 

3 ‘‘(3) The term ‘survivor’ means, with respect to 

4 the death of a covered individual— 

5 ‘‘(A) a person designated by the covered 

6 individual under subsection (c)(2); or 

7 ‘‘(B) if a covered individual does not make 

8 such a designation— 

9 ‘‘(i) the surviving spouse of the cov10 ered individual, if any; 

11 ‘‘(ii) if there is no surviving spouse, 

12 any surviving children of the covered indi13 vidual and the descendants of any deceased 

14 children by representation; 

15 ‘‘(iii) if there is none of the above, the 

16 surviving parents of the covered individual 

17 or the survivor of the parents. 

18 ‘‘(iv) if there is none of the above, the 

19 duly-appointed executor or administrator 

20 of the estate of the covered individual; or 

21 ‘‘(v) if there is none of the above, 

22 other next of kin of the covered individual 

23 entitled under the laws of the last State in 

24 which the covered individual was domiciled 

25 before the covered individual’s death.’’. 
51 

•HR 3494 EH

1 (2) APPLICATION.—Section 11 of such Act, as 

2 amended by paragraph (1), shall apply with respect 

3 to the following: 

4 (A) Deaths occurring during the period be5 ginning on September 11, 2001, and ending on 

6 the day before the date of the enactment of this 

7 Act for which the Director of the Central Intel8 ligence Agency has not paid a death benefit to 

9 the survivors of the decedent equal to or greater 

10 than the amount specified in subsection (c)(1) 

11 of such section 11, except that the total of any 

12 such death benefits may not exceed such 

13 amount specified in subsection (c)(1) of such 

14 section 11. 

15 (B) Deaths occurring on or after the date 

16 of the enactment of this Act. 

17 (3) DESIGNATIONS.—If the Director carries out 

18 subsection (c) of section 11 of such Act, as added 

19 by paragraph (1), the Director shall— 

20 (A) request all covered individuals (as de21 fined in such section 11) to make a designation 

22 under paragraph (2) of such subsection (c); and 

23 (B) ensure that any new covered individual 

24 may make such a designation at the time at 
52 

•HR 3494 EH

1 which the individual becomes a covered indi2 vidual. 

3 (d) BRIEFING ON PROVISION OF VA AND DOD 

4 HEALTH CARE SERVICES TO CIA OFFICERS.— 

5 (1) FINDINGS.—Congress finds that officers of 

6 the Central Intelligence Agency— 

7 (A) serve, and have served, overseas in 

8 dangerous areas or austere environments; 

9 (B) may be wounded, incur brain or psy10 chological trauma, or suffer from other chronic 

11 injuries as a result of such service; and 

12 (C) face challenges in getting the expert 

13 medical and psychological care the officers need 

14 when the officers return to the United States. 

15 (2) REQUIREMENT.—Not later than 180 days 

16 after the date of the enactment of this Act, the Gen17 eral Counsel of the Central Intelligence Agency and 

18 the Deputy Director of the Agency for Operations, 

19 in coordination with the Under Secretary of Vet20 erans Affairs for Health and the Director of the De21 fense Health Agency of the Department of Defense, 

22 shall jointly provide to the appropriate congressional 

23 committees a briefing on— 

24 (A) the extent to which the Director of the 

25 Agency believes that the officers of the Agency 
53 

•HR 3494 EH

1 could benefit from health care services provided 

2 by the Secretary of Veterans Affairs, the Sec3 retary of Defense, or both; 

4 (B) the legal and policy constraints with 

5 respect to providing such services to such offi6 cers; and 

7 (C) recommendations with respect to the 

8 legislative or regulatory actions that Congress, 

9 the Secretary of Veterans Affairs, and the Sec10 retary of Defense could implement to facilitate 

11 the provision of such services. 

12 (3) APPROPRIATE CONGRESSIONAL COMMIT13 TEES DEFINED.—In this subsection, the term ‘‘ap14 propriate congressional committees’’ means— 

15 (A) the congressional intelligence commit16 tees; 

17 (B) the Committee on Armed Services and 

18 the Committee on Veterans’ Affairs of the 

19 House of Representatives; and 

20 (C) the Committee on Armed Services and 

21 the Committee on Veterans’ Affairs of the Sen22 ate. 
54 

•HR 3494 EH

1 SEC. 404. FOREIGN THREAT RESPONSE CENTER. 

2 (a) ESTABLISHMENT.—The National Security Act of 

3 1947 (50 U.S.C. 3001 et seq.) is amended by inserting 

4 after section 119B the following new section: 

5 ‘‘SEC. 119C. FOREIGN THREAT RESPONSE CENTER. 

6 ‘‘(a) ESTABLISHMENT.—There is within the Office of 

7 the Director of National Intelligence a Foreign Threat Re8 sponse Center (in this section referred to as the ‘Center’). 

9 ‘‘(b) MISSION.—The primary missions of the Center 

10 shall be as follows: 

11 ‘‘(1) To serve as the primary organization in 

12 the United States Government for analyzing and in13 tegrating all intelligence possessed or acquired by 

14 the United States Government pertaining to foreign 

15 threats. 

16 ‘‘(2) To synchronize the efforts of the intel17 ligence community with respect to countering foreign 

18 efforts to undermine the national security, political 

19 sovereignty, and economic activity of the United 

20 States and the allies of the United States, including 

21 by— 

22 ‘‘(A) ensuring that each such element is 

23 aware of and coordinating on such efforts; and 

24 ‘‘(B) overseeing the development and im25 plementation of comprehensive and integrated 

26 policy responses to such efforts. 
55 

•HR 3494 EH

1 ‘‘(3) In coordination with the relevant elements 

2 of the Department of State, the Department of De3 fense, the Federal Bureau of Investigation, the intel4 ligence community, and other departments and 

5 agencies of the United States— 

6 ‘‘(A) to develop policy recommendations for 

7 the President to detect, deter, and respond to 

8 foreign threats, including with respect to covert 

9 activities pursuant to section 503; and 

10 ‘‘(B) to monitor and assess foreign efforts 

11 to carry out such threats. 

12 ‘‘(4) In coordination with the head of the Glob13 al Engagement Center established by section 1287 

14 of the National Defense Authorization Act for Fiscal 

15 Year 2017 (Public Law 114–328), to examine cur16 rent and emerging foreign efforts to use propaganda 

17 and information operations relating to the threats 

18 described in paragraph (1). 

19 ‘‘(5) To identify and close gaps across the de20 partments and agencies of the Federal Government 

21 with respect to expertise, readiness, and planning to 

22 address foreign threats. 

23 ‘‘(c) DIRECTOR.— 

24 ‘‘(1) APPOINTMENT.—There is a Director of 

25 the Center, who shall be the head of the Center, and 
56 

•HR 3494 EH

1 who shall be appointed by the Director of National 

2 Intelligence, with the concurrence of the Secretary of 

3 State. The Director may not simultaneously serve in 

4 any other capacity in the executive branch. 

5 ‘‘(2) REPORTING.—The Director of the Center 

6 shall directly report to the Director of National In7 telligence. 

8 ‘‘(3) RESPONSIBILITIES.—The Director of the 

9 Center shall— 

10 ‘‘(A) ensure that the relevant departments 

11 and agencies of the Federal Government par12 ticipate in the mission of the Center, including 

13 by recruiting detailees from such departments 

14 and agencies in accordance with subsection 

15 (e)(1); and 

16 ‘‘(B) have primary responsibility within the 

17 United States Government, in coordination with 

18 the Director of National Intelligence, for estab19 lishing requirements for the collection of intel20 ligence related to, or regarding, foreign threats, 

21 in accordance with applicable provisions of law 

22 and Executive orders. 

23 ‘‘(d) ANNUAL REPORTS.— 

24 ‘‘(1) IN GENERAL.—At the direction of the Di25 rector of National Intelligence, but not less than 
57 

•HR 3494 EH

1 once each year, the Director of the Center shall sub2 mit to the appropriate congressional committees a 

3 report on foreign threats. 

4 ‘‘(2) MATTERS INCLUDED.—Each report under 

5 paragraph (1) shall include, with respect to the pe6 riod covered by the report, a discussion of the fol7 lowing: 

8 ‘‘(A) The nature of the foreign threats. 

9 ‘‘(B) The ability of the United States Gov10 ernment to address such threats. 

11 ‘‘(C) The progress of the Center in achiev12 ing its missions. 

13 ‘‘(D) Recommendations the Director deter14 mines necessary for legislative actions to im15 prove the ability of the Center to achieve its 

16 missions. 

17 ‘‘(3) FORM.—Each report under paragraph (1) 

18 shall be submitted in unclassified form, but may in19 clude a classified annex. 

20 ‘‘(e) EMPLOYEES.— 

21 ‘‘(1) DETAILEES.—Any Federal Government 

22 employee may be detailed to the Center on a reim23 bursable or nonreimbursable basis, and such detail 

24 shall be without interruption or loss of civil service 
58 

•HR 3494 EH

1 status or privilege for a period of not more than 8 

2 years. 

3 ‘‘(2) PERSONAL SERVICE CONTRACTORS.—The 

4 Director of National Intelligence, in consultation 

5 with the Secretary of State, may hire United States 

6 citizens or aliens as personal services contractors for 

7 purposes of personnel resources of the Center, if— 

8 ‘‘(A) the Director of National Intelligence 

9 determines that existing personnel resources are 

10 insufficient; 

11 ‘‘(B) the period in which services are pro12 vided by a personal services contractor, includ13 ing options, does not exceed 3 years, unless the 

14 Director of National Intelligence determines 

15 that exceptional circumstances justify an exten16 sion of up to 1 additional year; 

17 ‘‘(C) not more than 10 United States citi18 zens or aliens are employed as personal services 

19 contractors under the authority of this para20 graph at any time; and 

21 ‘‘(D) the authority of this paragraph is 

22 only used to obtain specialized skills or experi23 ence or to respond to urgent needs. 

24 ‘‘(3) SECURITY CLEARANCES.—Each employee 

25 detailed to the Center and contractor of the Center 
59 

•HR 3494 EH

1 shall have the security clearance appropriate for the 

2 assigned duties of the employee or contractor. 

3 ‘‘(f) BOARD.— 

4 ‘‘(1) ESTABLISHMENT.—There is established a 

5 Board of the Foreign Threat Response Center (in 

6 this section referred to as the ‘Board’). 

7 ‘‘(2) FUNCTIONS.—The Board shall conduct 

8 oversight of the Center to ensure the Center is 

9 achieving the missions of the Center. In conducting 

10 such oversight, upon a majority vote of the members 

11 of the Board, the Board may recommend to the Di12 rector of National Intelligence that the Director of 

13 the Center should be removed for failing to achieve 

14 such missions. 

15 ‘‘(3) MEMBERSHIP.— 

16 ‘‘(A) APPOINTMENT.—The Board shall 

17 consist of seven members. The head of each de18 partment or agency of the Federal Government 

19 specified in subparagraph (B) shall appoint a 

20 senior official from that department or agency, 

21 who shall be a member of the Senior Executive 

22 Service, as a member. 

23 ‘‘(B) DEPARTMENTS AND AGENCIES REP24 RESENTED.—The department or agency of the 
60 

•HR 3494 EH

1 Federal Government specified in this subpara2 graph are the following: 

3 ‘‘(i) The Department of State. 

4 ‘‘(ii) The Department of Defense. 

5 ‘‘(iii) The Department of Justice. 

6 ‘‘(iv) The Department of the Treas7 ury. 

8 ‘‘(v) The Department of Homeland 

9 Security. 

10 ‘‘(vi) The Central Intelligence Agency. 

11 ‘‘(vii) The Federal Bureau of Inves12 tigation. 

13 ‘‘(4) MEETINGS.—The Board shall meet not 

14 less than biannually and shall be convened by the 

15 member appointed by the Secretary of State. 

16 ‘‘(g) INTERNATIONAL ENGAGEMENT.—The Director 

17 of the Center may convene biannual conferences to coordi18 nate international efforts against foreign threats. 

19 ‘‘(h) TERMINATION.—The Center shall terminate on 

20 the date that is 8 years after the date of the enactment 

21 of this section. 

22 ‘‘(i) DEFINITIONS.—In this section: 

23 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT24 TEES.—the term ‘appropriate congressional commit25 tees’ means— 
61 

•HR 3494 EH

1 ‘‘(A) the congressional intelligence commit2 tees; 

3 ‘‘(B) the Committee on Foreign Affairs 

4 and the Committee on Armed Services of the 

5 House of Representatives; and 

6 ‘‘(C) the Committee on Foreign Relations 

7 and the Committee on Armed Services of the 

8 Senate. 

9 ‘‘(2) FOREIGN THREATS.—The term ‘foreign 

10 threats’ means efforts to influence, through overt or 

11 covert malign activities, the national security, polit12 ical sovereignty, or economic activity of the United 

13 States or the allies of the United States, made by 

14 the government of any of the following foreign coun15 tries: 

16 ‘‘(A) Russia. 

17 ‘‘(B) Iran. 

18 ‘‘(C) North Korea. 

19 ‘‘(D) China. 

20 ‘‘(E) Any other foreign country that the 

21 Director determines appropriate for purposes of 

22 this section.’’. 

23 (b) CLERICAL AMENDMENT.—The table of contents 

24 at the beginning of such Act is amended by inserting after 

25 the item relating to section 119B the following new item: 

‘‘Sec. 119C. Foreign Threat Response Center.’’. 
62 

•HR 3494 EH

1 (c) CONFORMING AMENDMENT.—Section 507(a) of 

2 such Act (50 U.S.C. 3106) is amended by adding at the 

3 end the following new paragraph: 

4 ‘‘(6) An annual report submitted under section 

5 119C(d)(1).’’. 

6 TITLE V—MATTERS RELATING 

7 TO FOREIGN COUNTRIES 

8 SEC. 501. ANNUAL REPORTS ON INFLUENCE OPERATIONS 

9 AND CAMPAIGNS IN THE UNITED STATES BY 

10 THE COMMUNIST PARTY OF CHINA. 

11 (a) REPORTS.—Title XI of the National Security Act 

12 of 1947 (50 U.S.C. 3231 et seq.), as amended by section 

13 2718, is further amended by adding at the end the fol14 lowing new section: 

15 ‘‘SEC. 1106. ANNUAL REPORTS ON INFLUENCE OPERATIONS 

16 AND CAMPAIGNS IN THE UNITED STATES BY 

17 THE COMMUNIST PARTY OF CHINA. 

18 ‘‘(a) REQUIREMENT.—On an annual basis, consistent 

19 with the protection of intelligence sources and methods, 

20 the Director of the National Counterintelligence and Secu21 rity Center shall submit to the congressional intelligence 

22 committees, the Committee on Foreign Affairs of the 

23 House of Representatives, and the Committee on Foreign 

24 Relations of the Senate a report on the influence oper-
63 

•HR 3494 EH

1 ations and campaigns in the United States conducted by 

2 the Communist Party of China. 

3 ‘‘(b) CONTENTS.—Each report under subsection (a) 

4 shall include the following: 

5 ‘‘(1) A description of the organization of the 

6 United Front Work Department of the People’s Re7 public of China, or the successors of the United 

8 Front Work Department, and the links between the 

9 United Front Work Department and the Central 

10 Committee of the Communist Party of China. 

11 ‘‘(2) An assessment of the degree to which or12 ganizations that are associated with or receive fund13 ing from the United Front Work Department, par14 ticularly such entities operating in the United 

15 States, are formally tasked by the Chinese Com16 munist Party or the Government of China. 

17 ‘‘(3) A description of the efforts by the United 

18 Front Work Department and subsidiary organiza19 tions of the United Front Work Department to tar20 get, coerce, and influence foreign populations, par21 ticularly those of ethnic Chinese descent. 

22 ‘‘(4) An assessment of attempts by the Chinese 

23 Embassy, consulates, and organizations affiliated 

24 with the Chinese Communist Party (including, at a 

25 minimum, the United Front Work Department) to 
64 

•HR 3494 EH

1 influence the United States-based Chinese Student 

2 Scholar Associations. 

3 ‘‘(5) A description of the evolution of the role 

4 of the United Front Work Department under the 

5 leadership of the President of China. 

6 ‘‘(6) An assessment of the activities of the 

7 United Front Work Department designed to influ8 ence the opinions of elected leaders of the United 

9 States, or candidates for elections in the United 

10 States, with respect to issues of importance to the 

11 Chinese Communist Party. 

12 ‘‘(7) A listing of all known organizations affili13 ated with the United Front Work Department that 

14 are operating in the United States as of the date of 

15 the report. 

16 ‘‘(8) With respect to reports submitted after the 

17 first report, an assessment of the change in goals, 

18 tactics, techniques, and procedures of the influence 

19 operations and campaigns conducted by the Chinese 

20 Communist Party. 

21 ‘‘(c) COORDINATION.—In carrying out subsection (a), 

22 the Director shall coordinate with the Director of the Fed23 eral Bureau of Investigation, the Director of the Central 

24 Intelligence Agency, the Director of the National Security 
65 

•HR 3494 EH

1 Agency, and any other relevant head of an element of the 

2 intelligence community. 

3 ‘‘(d) FORM.—Each report submitted under sub4 section (a) shall be submitted in unclassified form, but 

5 may include a classified annex.’’. 

6 (b) CLERICAL AMENDMENT.—The table of contents 

7 in the first section of the National Security Act of 1947, 

8 as amended by section 2718, is further amended by insert9 ing after the item relating to section 1105 the following 

10 new item: 

‘‘Sec. 1106. Annual reports on influence operations and campaigns in the 

United States by the Communist Party of China.’’. 

11 (c) INITIAL REPORT.—The Director of the National 

12 Counterintelligence and Security Center shall submit to 

13 the congressional intelligence committees, the Committee 

14 on Foreign Affairs of the House of Representatives, and 

15 the Committee on Foreign Relations of the Senate the 

16 first report under section 1106 of the National Security 

17 Act of 1947, as added by subsection (a), by not later than 

18 180 days after the date of the enactment of this Act. 

19 SEC. 502. REPORT ON REPRESSION OF ETHNIC MUSLIM MI20 NORITIES IN THE XINJIANG REGION OF THE 

21 PEOPLE’S REPUBLIC OF CHINA. 

22 (a) REPORT.—Not later than 150 days after the date 

23 of the enactment of this Act, consistent with the protection 

24 of intelligence sources and methods, the Director of Na-
66 

•HR 3494 EH

1 tional Intelligence shall submit to the congressional intel2 ligence committees, the Committee on Foreign Affairs of 

3 the House of Representatives, and the Committee on For4 eign Relations of the Senate a report on activity by the 

5 People’s Republic of China to repress ethnic Muslim mi6 norities in the Xinjiang region of China. 

7 (b) CONTENTS.—The report under subsection (a) 

8 shall include the following: 

9 (1) An assessment of the number of individuals 

10 detained in ‘‘political reeducation camps’’, and the 

11 conditions in such camps for detainees, in the 

12 Xinjiang region of China, including whether detain13 ees endure torture, forced renunciation of faith, or 

14 other mistreatment. 

15 (2) A description, as possible, of the geographic 

16 location of such camps. 

17 (3) A description, as possible, of the methods 

18 used by China to ‘‘reeducate’’ detainees and the ele19 ments of China responsible for such ‘‘reeducation’’. 

20 (4) A description of any forced labor in such 

21 camps, and any labor performed in regional factories 

22 for low wages under the threat of being sent back 

23 to ‘‘political reeducation camps’’. 

24 (5) An assessment of the level of access China 

25 grants to foreign persons observing the situation in 
67 

•HR 3494 EH

1 Xinjiang and a description of measures used to im2 pede efforts to monitor the conditions in Xinjiang. 

3 (6) An assessment of the surveillance, detection, 

4 and control methods used by China to target ethnic 

5 minorities, including new ‘‘high-tech’’ policing mod6 els and a description of any civil liberties or privacy 

7 protections provided under such models. 

8 (7) An assessment and identification of the 

9 technological and financial support provided by 

10 United States-based companies, including techno11 logical support for the development of facial recogni12 tion capabilities or technologies for digital surveil13 lance, social control, or censorship, and financial 

14 support, including from financial institutions, invest15 ment vehicles, and pension funds, to China-based 

16 companies or Chinese government entities providing 

17 material support to the digital surveillance or repres18 sion of Uyghur and other ethnic minorities in 

19 Xinjiang by the Xinjiang authorities. 

20 (c) COORDINATION.—The Director of National Intel21 ligence shall carry out subsection (a) in coordination with 

22 the Director of the Central Intelligence Agency, the Direc23 tor of the National Security Agency, the Director of the 

24 National Geospatial-Intelligence Agency, and the head of 
68 

•HR 3494 EH

1 any other agency of the Federal Government that the Di2 rector of National Intelligence determines appropriate. 

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

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

6 SEC. 503. REPORT ON EFFORTS BY PEOPLE’S REPUBLIC OF 

7 CHINA TO INFLUENCE ELECTION IN TAIWAN. 

8 (a) REPORT.—Consistent with section 3(c) of the 

9 Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 

10 3302(c)), and consistent with the protection of intelligence 

11 sources and methods, not later than 45 days after the date 

12 of the election for the President and Vice President of Tai13 wan in 2020, the Director of National Intelligence shall 

14 submit to the congressional intelligence committees, the 

15 Committee on Foreign Affairs of the House of Representa16 tives, and the Committee on Foreign Relations of the Sen17 ate a report on any— 

18 (1) influence operations conducted by China to 

19 interfere in or undermine such election; and 

20 (2) efforts by the United States to disrupt such 

21 operations. 

22 (b) ELEMENTS.—The report under subsection (a) 

23 shall include the following: 

24 (1) A description of any significant efforts by 

25 the intelligence community to coordinate technical 
69 

•HR 3494 EH

1 and material support for Taiwan to identify, disrupt, 

2 and combat influence operations specified in sub3 section (a)(1). 

4 (2) A description of any efforts by the United 

5 States Government to build the capacity of Taiwan 

6 to disrupt external efforts that degrade a free and 

7 fair election process. 

8 (3) An assessment of whether and to what ex9 tent China conducted influence operations specified 

10 in subsection (a)(1), and, if such operations oc11 curred— 

12 (A) a comprehensive list of specific govern13 mental and nongovernmental entities of China 

14 that were involved in supporting such oper15 ations and a description of the role of each such 

16 entity; and 

17 (B) an identification of any tactics, tech18 niques, and procedures used in such operations. 

19 (c) FORM.—The report under subsection (a) shall be 

20 submitted in unclassified form, but may include a classi21 fied annex. 
70 

•HR 3494 EH

1 SEC. 504. ASSESSMENT OF LEGITIMATE AND ILLEGITIMATE 

2 FINANCIAL AND OTHER ASSETS OF VLADIMIR 

3 PUTIN. 

4 (a) SENSE OF CONGRESS.—It is the sense of Con5 gress that the United States should do more to expose the 

6 corruption of Vladimir Putin, whose ill-gotten wealth is 

7 perhaps the most powerful global symbol of his dishonesty 

8 and his persistent efforts to undermine the rule of law and 

9 democracy in the Russian Federation. 

10 (b) ASSESSMENT.—Not later than 180 days after the 

11 date of the enactment of this Act, consistent with the pro12 tection of intelligence sources and methods, the Director 

13 of National Intelligence shall submit to the appropriate 

14 congressional committees an assessment, based on all 

15 sources of intelligence, on the net worth and financial and 

16 other assets, legitimate as well as illegitimate, of Russian 

17 President Vladimir Putin and his family members, includ18 ing— 

19 (1) the estimated net worth of Vladimir Putin 

20 and his family members; 

21 (2) a description of their legitimately and ille22 gitimately obtained assets, including all real, per23 sonal, and intellectual property, bank or investment 

24 or similar accounts, and any other financial or busi25 ness interests or holdings, including those outside of 

26 Russia; 
71 

•HR 3494 EH

1 (3) the details of the legitimately and illegit2 imately obtained assets, including real, personal, and 

3 intellectual property, bank or investment or similar 

4 accounts, and any other financial or business inter5 ests or holdings, including those outside of Russia, 

6 that are owned or controlled by, accessible to, or 

7 otherwise maintained for the benefit of Vladimir 

8 Putin, including their nature, location, manner of 

9 acquisition, value, and publicly named owner (if 

10 other than Vladimir Putin); 

11 (4) the methods used by Vladimir Putin or oth12 ers acting at his direction, with his knowledge, or for 

13 his benefit, to conceal Putin’s interest in his ac14 counts, holdings, or other assets, including the es15 tablishment of ‘‘front’’ or shell companies and the 

16 use of intermediaries; and 

17 (5) an identification of the most significant sen18 ior Russian political figures, oligarchs, and any other 

19 persons who have engaged in activity intended to 

20 conceal the true financial condition of Vladimir 

21 Putin. 

22 (c) FORM.—The assessment required under sub23 section (b) shall be submitted either— 
72 

•HR 3494 EH

1 (1) in unclassified form to the extent consistent 

2 with the protection of intelligence sources and meth3 ods, and may include a classified annex; or 

4 (2) simultaneously as both an unclassified 

5 version and a classified version. 

6 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

7 DEFINED.—In this section, the term ‘‘appropriate con8 gressional committees’’ means— 

9 (1) the Select Committee on Intelligence, the 

10 Committee on Foreign Relations, the Committee on 

11 Banking, Housing, and Urban Affairs, and the Com12 mittee on Finance of the Senate; and 

13 (2) the Permanent Select Committee on Intel14 ligence, Committee on Foreign Affairs, the Com15 mittee on Financial Services, and the Committee on 

16 Ways and Means of the House of Representatives. 

17 SEC. 505. ASSESSMENTS OF INTENTIONS OF POLITICAL 

18 LEADERSHIP OF THE RUSSIAN FEDERATION. 

19 (a) IN GENERAL.—Not later than 90 days after the 

20 date of the enactment of this Act, consistent with the pro21 tection of intelligence sources and methods, the Director 

22 of National Intelligence, and the head of any element of 

23 the intelligence community that the Director determines 

24 appropriate, shall submit to the appropriate congressional 
73 

•HR 3494 EH

1 committees each of the assessments described in sub2 section (b). 

3 (b) ASSESSMENTS DESCRIBED.—The assessments 

4 described in this subsection are assessments based on in5 telligence obtained from all sources that assess the current 

6 intentions of the political leadership of the Russian Fed7 eration with respect to the following: 

8 (1) Potential military action against members 

9 of the North Atlantic Treaty Organization (NATO). 

10 (2) Potential responses to an enlarged United 

11 States or NATO military presence in eastern Europe 

12 or to increased United States military support for 

13 allies and partners in the region, such as the provi14 sion of additional lethal military equipment to 

15 Ukraine or Georgia. 

16 (3) Potential actions taken for the purpose of 

17 exploiting perceived divisions among the govern18 ments of Russia’s Western adversaries. 

19 (c) FORM.—Each assessment required under sub20 section (a) may be submitted in classified form but shall 

21 also include an unclassified executive summary, consistent 

22 with the protection of intelligence sources and methods. 

23 (d) APPROPRIATE CONGRESSIONAL COMMITTEES.— 

24 In this section, the term ‘‘appropriate congressional com25 mittees’’ means— 
74 

•HR 3494 EH

1 (1) the Permanent Select Committee on Intel2 ligence, the Committee on Foreign Affairs, and the 

3 Committee on Armed Services of the House of Rep4 resentatives; and 

5 (2) the Select Committee on Intelligence, the 

6 Committee on Foreign Relations, and the Committee 

7 on Armed Services of the Senate. 

8 SEC. 506. REPORT ON DEATH OF JAMAL KHASHOGGI. 

9 (a) IN GENERAL.—Not later than 30 days after the 

10 date of the enactment of this Act, consistent with the pro11 tection of intelligence sources and methods, the Director 

12 of National Intelligence shall submit to the congressional 

13 intelligence committees, the Committee on Foreign Affairs 

14 of the House of Representatives, and the Committee on 

15 Foreign Relations of the Senate a report on the death of 

16 Jamal Khashoggi. Such report shall include identification 

17 of those who carried out, participated in, ordered, or were 

18 otherwise complicit in or responsible for the death of 

19 Jamal Khashoggi, to the extent consistent with the protec20 tion of sources and methods. 

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

22 (a) shall be submitted in unclassified form. 
75 

•HR 3494 EH

1 SEC. 507. ASSESSMENTS REGARDING THE NORTHERN TRI2 ANGLE AND MEXICO. 

3 (a) ASSESSMENTS OF ACTIVITIES BY DRUG TRAF4 FICKING ORGANIZATIONS IN THE NORTHERN TRIANGLE

5 AND MEXICO.— 

6 (1) REPORT.—Not later than 90 days after the 

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

8 National Intelligence, in coordination with the Chief 

9 of Intelligence of the Drug Enforcement Administra10 tion and the Assistant Secretary of State for Intel11 ligence and Research, shall submit to the appro12 priate congressional committees a report containing 

13 an analytical assessment of the activities of drug 

14 trafficking organizations in the Northern Triangle 

15 and Mexico. Such assessment shall include, at a 

16 minimum— 

17 (A) an assessment of the effect of drug 

18 trafficking organizations on the security and 

19 economic situation in the Northern Triangle; 

20 (B) an assessment of the effect of the ac21 tivities of drug trafficking organizations on the 

22 migration of persons from the Northern Tri23 angle to the United States-Mexico border; 

24 (C) a summary of any relevant activities 

25 by elements of the intelligence community in re-
76 

•HR 3494 EH

1 lation to drug trafficking organizations in the 

2 Northern Triangle and Mexico; 

3 (D) a summary of key methods and routes 

4 used by drug trafficking organizations in the 

5 Northern Triangle and Mexico to the United 

6 States; 

7 (E) an assessment of the intersection be8 tween the activities of drug trafficking organi9 zations, human traffickers and human smug10 glers, and other organized criminal groups in 

11 the Northern Triangle and Mexico; and 

12 (F) an assessment of the illicit funds and 

13 financial transactions that support the activities 

14 of drug trafficking organizations and connected 

15 criminal enterprises in the Northern Triangle 

16 and Mexico. 

17 (2) FORM.—The report required by paragraph 

18 (2) may be submitted in classified form, but if so 

19 submitted, shall contain an unclassified summary. 

20 (3) AVAILABILITY.—The report under para21 graph (1), or the unclassified summary of the report 

22 described in paragraph (2), shall be made publicly 

23 available. 
77 

•HR 3494 EH

1 (b) ASSESSMENT OF HUMAN TRAFFICKING AND

2 SMUGGLING FROM THE NORTHERN TRIANGLE TO THE

3 UNITED STATES-MEXICO BORDER.— 

4 (1) REPORT REQUIRED.—Not later than 90 

5 days after the date of the enactment of this Act, the 

6 Director of National Intelligence, in coordination 

7 with the Under Secretary of Homeland Security for 

8 Intelligence and Analysis and the Assistant Sec9 retary of State for Intelligence and Research, shall 

10 submit to the appropriate congressional committees 

11 a report containing an analytical assessment of 

12 human trafficking and human smuggling by individ13 uals and organizations in the Northern Triangle and 

14 Mexico. Such assessment shall include, at a min15 imum— 

16 (A) an assessment of the effect of human 

17 trafficking and human smuggling on the secu18 rity and economic situation in the Northern 

19 Triangle; 

20 (B) a summary of any relevant activities 

21 by elements of the intelligence community in re22 lation to human trafficking and human smug23 gling in the Northern Triangle and Mexico; 

24 (C) an assessment of the methods and 

25 routes used by human traffickers and human 
78 

•HR 3494 EH

1 smuggler organizations to move persons from 

2 the Northern Triangle to the United States3 Mexico border; 

4 (D) an assessment of the intersection be5 tween the activities of human traffickers and 

6 human smugglers, drug trafficking organiza7 tions, and other organized criminal groups in 

8 the Northern Triangle and Mexico; and 

9 (E) an assessment of the illicit funds and 

10 financial transactions that support the activities 

11 of human traffickers and human smugglers and 

12 connected criminal enterprises in the Northern 

13 Triangle and Mexico. 

14 (2) FORM.—The report required by paragraph 

15 (1) may be submitted in classified form, but if so 

16 submitted, shall contain an unclassified summary. 

17 (3) AVAILABILITY.—The report under para18 graph (1), or the unclassified summary of the report 

19 described in paragraph (2), shall be made publicly 

20 available. 

21 (c) PRIORITIZATION OF INTELLIGENCE RESOURCES

22 FOR THE NORTHERN TRIANGLE AND MEXICO.— 

23 (1) REVIEW OF INTELLIGENCE COMMUNITY EF24 FORTS IN NORTHERN TRIANGLE AND MEXICO.—The 

25 Director of National Intelligence, in coordination 
79 

•HR 3494 EH

1 with the Under Secretary of Homeland Security for 

2 Intelligence and Analysis, the Assistant Secretary of 

3 State for Intelligence and Research, the Chief of In4 telligence of the Drug Enforcement Administration, 

5 and other appropriate officials in the intelligence 

6 community, shall carry out a comprehensive review 

7 of the current intelligence collection priorities of the 

8 intelligence community for the Northern Triangle 

9 and Mexico in order to identify whether such prior10 ities are appropriate and sufficient in light of the 

11 threat posed by the activities of drug trafficking or12 ganizations and human traffickers and human 

13 smugglers to the security of the United States and 

14 the Western Hemisphere. 

15 (2) REPORT AND BRIEFINGS.— 

16 (A) REPORT ON INITIAL REVIEW.—Not 

17 later than 120 days after the date of the enact18 ment of this Act, the Director of National Intel19 ligence shall submit to the congressional intel20 ligence committees a comprehensive description 

21 of the results of the review required by para22 graph (1), including whether the priorities de23 scribed in that paragraph are appropriate and 

24 sufficient in light of the threat posed by the ac25 tivities of drug trafficking organizations and 
80 

•HR 3494 EH

1 human traffickers and human smugglers to the 

2 security of the United States and the Western 

3 Hemisphere. If the report concludes that such 

4 priorities are not so appropriate and sufficient, 

5 the report shall also include a description of the 

6 actions to be taken to modify such priorities in 

7 order to assure that such priorities are so ap8 propriate and sufficient. 

9 (B) QUARTERLY BRIEFINGS.—Not later 

10 than 90 days after the date on which the report 

11 under subparagraph (A) is submitted, and every 

12 90 days thereafter for a 5-year period, the Di13 rector of National Intelligence shall provide to 

14 the congressional intelligence committees a 

15 briefing on the intelligence community’s collec16 tion priorities and activities in the Northern 

17 Triangle and Mexico with a focus on the threat 

18 posed by the activities of drug trafficking orga19 nizations and human traffickers and human 

20 smugglers to the security of the United States 

21 and the Western Hemisphere. The first briefing 

22 under this subparagraph shall also include a de23 scription of the amount of funds expended by 

24 the intelligence community to the efforts de-
81 

•HR 3494 EH

1 scribed in paragraph (1) during each of fiscal 

2 years 2018 and 2019. 

3 (3) FORM.—The report and briefings required 

4 by paragraph (2) may be submitted or provided in 

5 classified form, but if so submitted or provided, shall 

6 include an unclassified summary. 

7 (d) DEFINITIONS.—In this section: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com10 mittees’’ means— 

11 (A) the Committee on Foreign Affairs, the 

12 Committee on Homeland Security, and the Per13 manent Select Committee on Intelligence of the 

14 House of Representatives; and 

15 (B) the Committee on Foreign Relations, 

16 the Committee on Homeland Security and Gov17 ernmental Affairs, and the Select Committee on 

18 Intelligence of the Senate. 

19 (2) HUMAN TRAFFICKING.—The term ‘‘human 

20 trafficking’’ has the meaning given the term ‘‘severe 

21 forms of trafficking in persons’’ by section 103 of 

22 the Victims of Trafficking and Violence Protection 

23 Act of 2000 (22 U.S.C. 7102). 
82 

•HR 3494 EH

1 (3) NORTHERN TRIANGLE.—The term ‘‘North2 ern Triangle’’ means El Salvador, Guatemala, and 

3 Honduras. 

4 SEC. 508. SENSE OF CONGRESS AND REPORT ON IRANIAN 

5 EFFORTS IN SYRIA. 

6 (a) SENSE OF CONGRESS.—It is the sense of Con7 gress that, regardless of the ultimate number of United 

8 States military personnel deployed to Syria, it is a vital 

9 interest of the United States to prevent the Islamic Re10 public of Iran, Hizbollah, and other Iranian-backed forces 

11 from establishing a strong and enduring presence in Syria 

12 that can be used to project power in the region and threat13 en the United States and its allies, including Israel. 

14 (b) REPORT.— 

15 (1) REPORT REQUIRED.—Not later than 180 

16 days after the date of enactment of this Act, the Di17 rector of National Intelligence, in coordination with 

18 the Secretary of State and the Secretary of Defense, 

19 shall submit to the appropriate congressional com20 mittees a report that assesses— 

21 (A) efforts by Iran to establish long-term 

22 influence in Syria through military, political, 

23 economic, social, and cultural means; and 

24 (B) the threat posed by such efforts to 

25 United States interests and allies. 
83 

•HR 3494 EH

1 (2) ELEMENTS.—The report under paragraph 

2 (1) shall include each of the following: 

3 (A) An assessment of— 

4 (i) how Iran and Iranian-backed 

5 forces, including the Islamic Revolutionary 

6 Guard Corps and Hizbollah, have provided 

7 or are currently providing manpower, 

8 training, weapons, equipment, and funding 

9 to the Syrian government led by President 

10 Bashar al-Assad; 

11 (ii) the support provided by Iran and 

12 Hizbollah to Shia militias operating in 

13 Syria that are composed of domestic fight14 ers from Syria and foreign fighters from 

15 countries like Afghanistan, Iraq, Lebanon, 

16 and Pakistan; 

17 (iii) the threat posed by Iran and Ira18 nian-backed forces to the al-Tanf garrison 

19 and to areas of northeast Syria that are 

20 currently controlled by local partner forces 

21 of the United States; 

22 (iv) the degree to which efforts of the 

23 United States to sustain and strengthen 

24 Kurdish forces in Syria may undermine the 
84 

•HR 3494 EH

1 influence of Iran and Iranian-backed forces 

2 in Syria; 

3 (v) how Iran and Iranian-backed 

4 forces seek to enhance the long-term influ5 ence of such entities in Syria through non6 military means such as purchasing stra7 tegic real estate in Syria, constructing Shia 

8 religious centers and schools, securing loy9 alty from Sunni tribes in exchange for ma10 terial assistance, and inducing the Assad 

11 government to open Farsi-language depart12 ments at Syrian universities; and 

13 (vi) whether the prominent role of 

14 Iran in Syria, including the influence of 

15 Iran over government institutions, may in16 crease the likelihood of the reconstitution 

17 of the Islamic State of Iraq and Syria in 

18 Syria. 

19 (B) An analysis of— 

20 (i) how Iran is working with the Rus21 sian Federation, Turkey, and other coun22 tries to increase the influence of Iran in 

23 Syria; and 

24 (ii) the goals of Iran in Syria, includ25 ing, but not limited to, protecting the 
85 

•HR 3494 EH

1 Assad government, increasing the regional 

2 influence of Iran, threatening Israel from a 

3 more proximate location, building weapon4 production facilities and other military in5 frastructure, and securing a land bridge to 

6 connect Iran through Iraq and Syria to the 

7 stronghold of Hizbollah in southern Leb8 anon. 

9 (C) A description of— 

10 (i) how the efforts of Iran to transfer 

11 advanced weapons to Hizbollah and to es12 tablish a military presence in Syria has led 

13 to direct and repeated confrontations with 

14 Israel; and 

15 (ii) the intelligence and military sup16 port that the United States provides to 

17 Israel to help Israel identify and appro18 priately address specific threats to Israel 

19 from Iran and Iranian-backed forces in 

20 Syria. 

21 (3) FORM.—The report under paragraph (1) 

22 shall be submitted in unclassified form, but may in23 clude a classified annex. 
86 

•HR 3494 EH

1 (4) APPROPRIATE CONGRESSIONAL COMMIT2 TEES DEFINED.—In this section, the term ‘‘appro3 priate congressional committees’’ means— 

4 (A) the Committee on Armed Services, the 

5 Committee on Foreign Relations, and the Select 

6 Committee on Intelligence of the Senate; and 

7 (B) the Committee on Armed Services, the 

8 Committee on Foreign Affairs, and the Perma9 nent Select Committee on Intelligence of the 

10 House of Representatives. 

11 SEC. 509. ANNUAL REPORTS ON INFLUENCE OPERATIONS 

12 AND CAMPAIGNS IN THE UNITED STATES BY 

13 THE RUSSIAN FEDERATION. 

14 (a) REPORTS.—Title XI of the National Security Act 

15 of 1947 (50 U.S.C. 3231 et seq.), as amended by section 

16 501, is further amended by adding at the end the following 

17 new section: 

18 ‘‘SEC. 1107. ANNUAL REPORTS ON INFLUENCE OPERATIONS 

19 AND CAMPAIGNS IN THE UNITED STATES BY 

20 THE RUSSIAN FEDERATION. 

21 ‘‘(a) REQUIREMENT.—On an annual basis, the Direc22 tor of the National Counterintelligence and Security Cen23 ter shall submit to the congressional intelligence commit24 tees a report on the influence operations and campaigns 

25 in the United States conducted by the Russian Federation. 
87 

•HR 3494 EH

1 ‘‘(b) CONTENTS.—Each report under subsection (a) 

2 shall include the following: 

3 ‘‘(1) A description and listing of the Russian 

4 organizations and persons involved in influence oper5 ations and campaigns operating in the United States 

6 as of the date of the report. 

7 ‘‘(2) An assessment of organizations that are 

8 associated with or receive funding from organiza9 tions and persons identified in paragraph (1), par10 ticularly such entities operating in the United 

11 States. 

12 ‘‘(3) A description of the efforts by the organi13 zations and persons identified in paragraph (1) to 

14 target, coerce, and influence populations within the 

15 United States. 

16 ‘‘(4) An assessment of the activities of the orga17 nizations and persons identified in paragraph (1) de18 signed to influence the opinions of elected leaders of 

19 the United States or candidates for election in the 

20 United States. 

21 ‘‘(5) With respect to reports submitted after the 

22 first report, an assessment of the change in goals, 

23 tactics, techniques, and procedures of the influence 

24 operations and campaigns conducted by the organi25 zations and persons identified in paragraph (1). 
88 

•HR 3494 EH

1 ‘‘(c) COORDINATION.—In carrying out subsection (a), 

2 the Director shall coordinate with the Director of the Fed3 eral Bureau of Investigation, the Director of the Central 

4 Intelligence Agency, the Director of the National Security 

5 Agency, and any other relevant head of an element of the 

6 intelligence community. 

7 ‘‘(d) FORM.—Each report submitted under sub8 section (a) shall be submitted in unclassified form, but 

9 may include a classified annex.’’. 

10 (b) CLERICAL AMENDMENT.—The table of contents 

11 in the first section of the National Security Act of 1947, 

12 as amended by section 501, is further amended by insert13 ing after the item relating to section 1106 the following 

14 new item: 

‘‘Sec. 1107. Annual reports on influence operations and campaigns in the 

United States by the Russian Federation.’’. 

15 (c) INITIAL REPORT.—The Director of the National 

16 Counterintelligence and Security Center shall submit to 

17 the congressional intelligence committees the first report 

18 under section 1107 of the National Security Act of 1947, 

19 as added by subsection (a), by not later than 180 days 

20 after the date of the enactment of this Act. 

21 TITLE VI—FEDERAL EFFORTS 

22 AGAINST DOMESTIC TERRORISM 

23 SEC. 601. DEFINITIONS. 

24 In this title: 
89 

•HR 3494 EH

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

4 (A) the Permanent Select Committee on 

5 Intelligence, the Committee on Homeland Secu6 rity, and the Committee on the Judiciary of the 

7 House of Representatives; and 

8 (B) the Select Committee on Intelligence, 

9 the Committee on Homeland Security and Gov10 ernmental Affairs, and the Committee on the 

11 Judiciary of the Senate. 

12 (2) DOMESTIC TERRORISM.—The term ‘‘domes13 tic terrorism’’ has the meaning given that term in 

14 section 2331 of title 18, United States Code. 

15 (3) HATE CRIME.—The term ‘‘hate crime’’ 

16 means a criminal offense under— 

17 (A) sections 241, 245, 247, and 249 of 

18 title 18, United States Code; and 

19 (B) section 3631 of title 42, United States 

20 Code. 

21 (4) INTERNATIONAL TERRORISM.—The term 

22 ‘‘international terrorism’’ has the meaning given 

23 that term in section 2331 of title 18, United States 

24 Code. 
90 

•HR 3494 EH

1 (5) TERMS IN ATTORNEY GENERAL’S GUIDE2 LINES FOR DOMESTIC FBI OPERATIONS.—The terms 

3 ‘‘assessments’’, ‘‘full investigations’’, ‘‘enterprise in4 vestigations’’,‘‘predicated investigations’’, and ‘‘pre5 liminary investigations’’ have the meanings given 

6 those terms in the most recent, approved version of 

7 the Attorney General’s Guidelines for Domestic FBI 

8 Operations (or successor). 

9 (6) TERMS IN FBI BUDGET MATERIALS.—The 

10 terms ‘‘Consolidated Strategy Guide’’, ‘‘Field Office 

11 Strategic Plan’’, ‘‘Integrated Program Management 

12 Process’’, and ‘‘Threat Review and Prioritization’’ 

13 have the meanings given those terms in the mate14 rials submitted to Congress by the Attorney General 

15 in support of the Federal Bureau of Investigation 

16 budget for fiscal year 2020. 

17 (7) TERRORISM.—The term ‘‘terrorism’’ in18 cludes domestic terrorism and international ter19 rorism. 

20 (8) TERRORISM INFORMATION.—The term ‘‘ter21 rorism information’’ has the meaning given that 

22 term in section 1016(a) of the Intelligence Reform 

23 and Terrorism Prevention Act of 2004 (6 U.S.C. 

24 485). 
91 

•HR 3494 EH

1 (9) TIME UTILIZATION AND RECORDKEEPING

2 DATA.—The term ‘‘time utilization and record3 keeping data’’ means data collected on resource utili4 zation and workload activity of personnel of the Fed5 eral Bureau of Investigation in accordance with Fed6 eral law. 

7 SEC. 602. ANNUAL STRATEGIC INTELLIGENCE ASSESSMENT 

8 OF AND COMPREHENSIVE REPORT ON DO9 MESTIC TERRORISM. 

10 (a) REPORT REQUIRED.— 

11 (1) IN GENERAL.—Not later than 180 days 

12 after the date of the enactment of this Act, and an13 nually thereafter through 2025, the Director of Na14 tional Intelligence, the Director of the Federal Bu15 reau of Investigation, and the Under Secretary of 

16 Homeland Security for Intelligence and Analysis 

17 shall jointly submit to the appropriate congressional 

18 committees a report on domestic terrorism con19 taining the following: 

20 (A) Strategic intelligence assessment under 

21 subsection (b). 

22 (B) Discussion of activities under sub23 section (c). 

24 (C) Data on domestic terrorism under sub25 section (d). 
92 

•HR 3494 EH

1 (2) RESPONSIBILITIES.— 

2 (A) COORDINATION OF REPORTS AND IN3 TEGRATION OF INFORMATION.—The Director of 

4 National Intelligence, acting through the Direc5 tor of the National Counterterrorism Center, 

6 shall be the lead official for coordinating the 

7 production of and integrating terrorism infor8 mation into— 

9 (i) each report under paragraph (1); 

10 and 

11 (ii) each strategic intelligence assess12 ment under subsection (b). 

13 (B) INFORMATION SHARING.—The Direc14 tor of the Federal Bureau of Investigation and 

15 the Under Secretary of Homeland Security for 

16 Intelligence and Analysis shall provide to the 

17 Director of the National Counterterrorism Cen18 ter all appropriate information requested by the 

19 Director of the National Counterterrorism Cen20 ter to carry out this section. 

21 (b) STRATEGIC INTELLIGENCE ASSESSMENT.—The 

22 Director of National Intelligence, the Director of the Fed23 eral Bureau of Investigation, and the Under Secretary of 

24 Homeland Security for Intelligence and Analysis shall in25 clude— 
93 

•HR 3494 EH

1 (1) in the first report under subsection (a)(1), 

2 a strategic intelligence assessment of domestic ter3 rorism in the United States during fiscal years 

4 2017, 2018, and 2019; and 

5 (2) in each subsequent report under such sub6 section, a strategic intelligence assessment of domes7 tic terrorism in the United States during the prior 

8 fiscal year. 

9 (c) DISCUSSION OF ACTIVITIES.—Each report under 

10 subsection (a)(1) shall discuss and compare the following: 

11 (1) The criteria for opening, managing, and 

12 closing domestic and international terrorism inves13 tigations by the Federal Government. 

14 (2) Standards and procedures for the Federal 

15 Bureau of Investigation, the Office of Intelligence 

16 and Analysis of the Department of Homeland Secu17 rity, and the National Counterterrorism Center, with 

18 respect to the review, prioritization, and mitigation 

19 of domestic and international terrorism threats in 

20 the United States. 

21 (3) The planning, development, production, 

22 analysis, and evaluation by the United States Gov23 ernment of intelligence products relating to ter24 rorism, including both raw and finished intelligence. 
94 

•HR 3494 EH

1 (4) The sharing of information relating to do2 mestic and international terrorism by and between— 

3 (A) the Federal Government; 

4 (B) State, local, Tribal, territorial, and for5 eign governments; 

6 (C) the appropriate congressional commit7 tees; 

8 (D) non-governmental organizations; and 

9 (E) the private sector. 

10 (5) The criteria and methodology used by the 

11 Federal Bureau of Investigation, the Office of Intel12 ligence and Analysis of the Department of Home13 land Security, and the National Counterterrorism 

14 Center, to identify or assign terrorism classifications 

15 to incidents of terrorism or investigations of ter16 rorism, including— 

17 (A) a comparison of the criteria and meth18 odology used with respect to domestic terrorism 

19 and international terrorism; 

20 (B) the identification of any changes made 

21 to investigative classifications; and 

22 (C) a discussion of the rationale for any 

23 changes identified under subparagraph (B). 

24 (6) Applicable Federal requirements and com25 pliance by the Federal Government with privacy, 
95 

•HR 3494 EH

1 civil rights, and civil liberties policies and protections 

2 with respect to the production of the report, includ3 ing protections against the public release of names 

4 or other personally identifiable information of indi5 viduals involved in incidents, investigations, indict6 ments, prosecutions, or convictions for which data is 

7 reported under this section. 

8 (7) Information regarding any training or re9 sources provided by the Federal Bureau of Inves10 tigation, the Department of Homeland Security, or 

11 the National Counterterrorism Center, to assist Fed12 eral, State, local, and Tribal law enforcement agen13 cies in understanding, detecting, deterring, and in14 vestigating acts of domestic terrorism, including the 

15 date, type, subject, and recipient agencies of such 

16 training or resources. 

17 (d) DATA ON DOMESTIC TERRORISM.— 

18 (1) DATA REQUIRED.—The Director of Na19 tional Intelligence, the Director of the Federal Bu20 reau of Investigation, and the Under Secretary of 

21 Homeland Security for Intelligence and Analysis 

22 shall include in each report under subsection (a)(1) 

23 the following data: 

24 (A) For each completed or attempted inci25 dent of domestic terrorism that has occurred in 
96 

•HR 3494 EH

1 the United States during the applicable pe2 riod— 

3 (i) a description of such incident; 

4 (ii) the date and location of such inci5 dent; 

6 (iii) the number and type of completed 

7 and attempted Federal non-violent crimes 

8 committed during such incident; 

9 (iv) the number and type of completed 

10 and attempted Federal and State property 

11 crimes committed during such incident, in12 cluding an estimate of economic damages 

13 resulting from such crimes; and 

14 (v) the number and type of completed 

15 and attempted Federal violent crimes com16 mitted during such incident, including the 

17 number of people injured or killed as a re18 sult of such crimes. 

19 (B) For the applicable period— 

20 (i) an identification of each assess21 ment, preliminary investigation, full inves22 tigation, and enterprise investigation with 

23 a nexus to domestic terrorism opened, 

24 pending, or closed by the Federal Bureau 

25 of Investigation; 
97 

•HR 3494 EH

1 (ii) the number of assessments or in2 vestigations identified under clause (i) as3 sociated with each domestic terrorism in4 vestigative classification (including subcat5 egories); 

6 (iii) the number and domestic ter7 rorism investigative classification (includ8 ing subcategories) with respect to such in9 vestigations initiated as a result of a refer10 ral or investigation by a State, local, Trib11 al, territorial, or foreign government of a 

12 hate crime; 

13 (iv) the number of Federal criminal 

14 charges with a nexus to domestic ter15 rorism, including the number of indict16 ments and complaints associated with each 

17 domestic terrorism investigative classifica18 tion (including subcategories), a summary 

19 of the allegations contained in each such 

20 indictment, the disposition of the prosecu21 tion, and, if applicable, the sentence im22 posed as a result of a conviction on such 

23 charges; 

24 (v) referrals of incidents of domestic 

25 terrorism by State, local, Tribal, or terri-
98 

•HR 3494 EH

1 torial governments to departments or agen2 cies of the Federal Government for inves3 tigation or prosecution, including the num4 ber of such referrals associated with each 

5 domestic terrorism investigation classifica6 tion (including any subcategories), and a 

7 summary of each such referral that in8 cludes the rationale for such referral and 

9 the disposition of the applicable Federal in10 vestigation or prosecution; 

11 (vi) intelligence products produced by 

12 the intelligence community relating to do13 mestic terrorism, including— 

14 (I) the number of such products 

15 associated with each domestic ter16 rorism investigative classification (in17 cluding any subcategories); and 

18 (II) with respect to the Federal 

19 Bureau of Investigation, at a min20 imum, all relevant data available 

21 through the Integrated Program Man22 agement Process; 

23 (vii) with respect to the National 

24 Counterterrorism Center, the number of 

25 staff (expressed in terms of full-time 
99 

•HR 3494 EH

1 equivalents and positions) working on mat2 ters relating to domestic terrorism de3 scribed in clauses (i) through (vi); 

4 (viii) with respect to the Federal Bu5 reau of Investigation— 

6 (I) the number of staff (ex7 pressed in terms of full-time equiva8 lents and positions) working on mat9 ters relating to domestic terrorism de10 scribed in clauses (i) through (vi); and 

11 (II) a summary of time utiliza12 tion and recordkeeping data for per13 sonnel working on such matters, in14 cluding the number or percentage of 

15 such personnel associated with each 

16 domestic terrorism investigative classi17 fication (including any subcategories) 

18 in the FBI Headquarters Operational 

19 Divisions and Field Divisions; and 

20 (ix) with respect to the Office of Intel21 ligence and Analysis of the Department of 

22 Homeland Security, the number of staff 

23 (expressed in terms of full-time equivalents 

24 and positions) working on matters relating 
100 

•HR 3494 EH

1 to domestic terrorism described in clauses 

2 (i) through (vi). 

3 (2) APPLICABLE PERIOD.—For purposes of this 

4 subsection, the applicable period is the following: 

5 (A) For the first report required under 

6 subsection (a)(1)— 

7 (i) with respect to the data described 

8 in paragraph (1)(A) of this subsection, the 

9 period on or after April 19, 1995; and 

10 (ii) with respect to the data described 

11 in paragraph (1)(B) of this subsection, 

12 each of fiscal years 2017, 2018, and 2019. 

13 (B) For each subsequent report required 

14 under subsection (a)(1), the prior fiscal year. 

15 (e) PROVISION OF OTHER DOCUMENTS AND MATE16 RIALS.— 

17 (1) IN GENERAL.—Together with each report 

18 under subsection (a)(1), the Director of National In19 telligence, the Director of the Federal Bureau of In20 vestigation, and the Under Secretary of Homeland 

21 Security for Intelligence and Analysis shall also sub22 mit to the appropriate congressional committees the 

23 following documents and materials: 
101 

•HR 3494 EH

1 (A) With respect to the Federal Bureau of 

2 Investigation, at a minimum, the most recent, 

3 approved versions of— 

4 (i) the Attorney General’s Guidelines 

5 for Domestic FBI Operations (or any suc6 cessor); 

7 (ii) the FBI Domestic Investigations 

8 and Operations Guide (or any successor); 

9 (iii) the FBI Counterterrorism Policy 

10 Guide (or any successor); 

11 (iv) materials relating to terrorism 

12 within the Threat Review and 

13 Prioritization process for the headquarters 

14 and field divisions of the Federal Bureau 

15 of Investigation; 

16 (v) the Consolidated Strategy Guide 

17 (or any successor); and 

18 (vi) the Field Office Strategic Plans 

19 (or any successor). 

20 (B) With respect to the intelligence com21 munity, each finished intelligence product de22 scribed in subsection (d)(1)(B)(vi). 

23 (2) NONDUPLICATION.—If any documents or 

24 materials required under paragraph (1) have been 

25 previously submitted to the appropriate congres-
102 

•HR 3494 EH

1 sional committees under such paragraph and have 

2 not been modified since such submission, the Direc3 tor of National Intelligence, the Director of the Fed4 eral Bureau of Investigation, and the Under Sec5 retary of Homeland Security for Intelligence and 

6 Analysis may provide a list of such documents or 

7 materials in lieu of making the submission under 

8 paragraph (1) for those documents or materials. 

9 (f) FORMAT.—The information required under sub10 section (d) may be provided in a format that uses the 

11 marking associated with the Central Records System (or 

12 any successor system) of the Federal Bureau of Investiga13 tion. 

14 (g) CLASSIFICATION AND PUBLIC RELEASE.—Each 

15 report under subsection (a) shall be— 

16 (1) unclassified, but may contain a classified 

17 annex; 

18 (2) with respect to the unclassified portion of 

19 the report, made available on the public internet 

20 websites of the National Counterterrorism Center, 

21 Federal Bureau of Investigation, and Department of 

22 Homeland Security— 

23 (A) not later than 30 days after submis24 sion to the appropriate congressional commit25 tees; and 
103 

•HR 3494 EH

1 (B) in an electronic format that is fully in2 dexed and searchable; and 

3 (3) with respect to a classified annex, submitted 

4 to the appropriate congressional committees in an 

5 electronic format that is fully indexed and search6 able. 

7 (h) INFORMATION QUALITY.—Each report submitted 

8 under subsection (a), to the extent applicable, shall comply 

9 with the guidelines issued by the Director of the Office 

10 of Management and Budget pursuant to section 515 of 

11 title V of the Consolidated Appropriations Act, 2001 (Pub12 lic Law 106–554; 114 Stat. 2763A–154). 

13 SEC. 603. REPORT CHARACTERIZING DOMESTIC TER14 RORISM ACTIVITY WITHIN THE UNITED 

15 STATES. 

16 (a) REPORT.—Not later than 150 days after the date 

17 of the enactment of this Act, the Director of the Federal 

18 Bureau of Investigation, in coordination with the Under 

19 Secretary of Homeland Security for Intelligence and Anal20 ysis, shall submit to the congressional intelligence commit21 tees a report on domestic terrorism activity within the 

22 United States. 

23 (b) CONTENTS.—The report under subsection (a) 

24 shall include the following: 
104 

•HR 3494 EH

1 (1) Activities conducted by domestic terrorist 

2 groups to restrict free speech using violence or in3 timidation. 

4 (2) Activities conducted by domestic terrorist 

5 groups that are dangerous to human life and are a 

6 violation of the criminal laws of the United States 

7 or of any State. 

8 (3) The prevalence of any domestic terrorist 

9 group’s activities within the United States and 

10 abroad. 

11 (c) COORDINATION.—The Director shall carry out 

12 subsection (a) in coordination with the head of any other 

13 agency of the Federal Government that the Director deter14 mines appropriate. 

15 (d) FORM.—The report submitted under subsection 

16 (a) shall be submitted in unclassified form, but may in17 clude a classified annex. 

18 TITLE VII—REPORTS AND 

19 OTHER MATTERS 

20 SEC. 701. MODIFICATION OF REQUIREMENTS FOR SUBMIS21 SION TO CONGRESS OF CERTAIN REPORTS. 

22 (a) MODIFICATION OF REPORTS RELATING TO

23 GUANTANAMO BAY.— 

24 (1) MODIFICATION.—Section 506I(b) of the 

25 National Security Act of 1947 (50 U.S.C. 3105(b)) 
105 

•HR 3494 EH

1 is amended by striking ‘‘once every 6 months’’ and 

2 inserting ‘‘annually’’. 

3 (2) MODIFICATION.—Section 319(a) of the 

4 Supplemental Appropriations Act, 2009 (10 U.S.C. 

5 801 note) is amended by striking ‘‘every 90 days’’ 

6 and inserting ‘‘annually’’. 

7 (3) REPEAL.—Section 601 of the Intelligence 

8 Authorization Act for Fiscal Year 2017 (division N 

9 of Public Law 115–31; 131 Stat. 827) is repealed. 

10 (b) MODIFICATION TO REPORTS ON ANALYTIC IN11 TEGRITY.—Subsection (c) of section 1019 of the Intel12 ligence Reform and Terrorism Prevention Act of 2004 (50 

13 U.S.C. 3364) is amended— 

14 (1) in the heading, by striking ‘‘REPORTS’’ and 

15 inserting ‘‘BRIEFINGS’’; and 

16 (2) by striking ‘‘submit to the congressional in17 telligence committees, the heads of the relevant ele18 ments of the intelligence community, and the heads 

19 of analytic training departments a report con20 taining’’ and inserting ‘‘provide to the congressional 

21 intelligence committees, the heads of the relevant 

22 elements of the intelligence community, and the 

23 heads of analytic training departments a briefing 

24 with’’. 
106 

•HR 3494 EH

1 (c) REPEAL OF REPORTS RELATING TO INTEL2 LIGENCE FUNCTIONS.—Section 506J of the National Se3 curity Act of 1947 (50 U.S.C. 3105a) is repealed and the 

4 table of contents in the first section of such Act is amend5 ed by striking the item relating to section 506J. 

6 (d) REPEAL OF REPORTS RELATING TO CUBA.—Sec7 tion 108 of the Cuban Liberty and Democratic Solidarity 

8 (LIBERTAD) Act of 1996 (22 U.S.C. 6038) is repealed. 

9 (e) REPEAL OF REPORTS RELATING TO ENTERTAIN10 MENT INDUSTRY.—Section 308 of the Intelligence Au11 thorization Act for Fiscal Year 2017 (50 U.S.C. 3332) 

12 is amended— 

13 (1) in subsection (b)(2)— 

14 (A) by striking ‘‘paragraph (1) shall—’’ 

15 and all that follows through ‘‘permit an ele16 ment’’ and insert ‘‘paragraph (1) shall permit 

17 an element’’; 

18 (B) by striking ‘‘approval; and’’ and insert19 ing ‘‘approval.’’; and 

20 (C) by striking subparagraph (B); and 

21 (2) by striking subsection (c). 

22 SEC. 702. INCREASED TRANSPARENCY REGARDING 

23 COUNTERTERRORISM BUDGET OF THE 

24 UNITED STATES. 

25 (a) FINDINGS.—Congress finds the following: 
107 

•HR 3494 EH

1 (1) Consistent with section 601(a) of the Imple2 menting Recommendations of the 9/11 Commission 

3 Act of 2007 (50 U.S.C. 3306(a)), the recent practice 

4 of the intelligence community has been to release to 

5 the public— 

6 (A) around the date on which the Presi7 dent submits to Congress a budget for a fiscal 

8 year pursuant to section 1105 of title 31, 

9 United States Code, the ‘‘top-line’’ amount of 

10 total funding requested for the National Intel11 ligence Program for such fiscal year; and 

12 (B) the amount of requested and appro13 priated funds for the National Intelligence Pro14 gram and Military Intelligence Program for cer15 tain prior fiscal years, consistent with the pro16 tection of intelligence sources and methods. 

17 (2) The Directorate of Strategic Operational 

18 Planning of the National Counterterrorism Center is 

19 responsible for producing an annual National 

20 Counterterrorism Budget report, which examines the 

21 alignment of intelligence and other resources in the 

22 applicable fiscal year budget with the counterter23 rorism goals and areas of focus in the National 

24 Strategy for Counterterrorism. 
108 

•HR 3494 EH

1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that— 

3 (1) despite the difficulty of compiling and re4 leasing to the public comprehensive information on 

5 the resource commitments of the United States to 

6 counterterrorism activities and programs, including 

7 with respect to such activities and programs of the 

8 intelligence community, the United States Govern9 ment could take additional steps to enhance the un10 derstanding of the public with respect to such re11 source commitments, in a manner consistent with 

12 the protection of intelligence sources and methods 

13 and other national security interests; and 

14 (2) the United States Government should re15 lease to the public as much information as possible 

16 regarding the funding of counterterrorism activities 

17 and programs, including activities and programs of 

18 the intelligence community, in a manner consistent 

19 with the protection of intelligence sources and meth20 ods and other national security interests. 

21 (c) BRIEFING ON PUBLIC RELEASE OF INFORMA22 TION.— 

23 (1) REQUIREMENT.—Not later than 90 days 

24 after the date of the enactment of this Act, and not 

25 later than 90 days after the beginning of each fiscal 
109 

•HR 3494 EH

1 year thereafter, the President shall ensure that the 

2 congressional intelligence committees receive a brief3 ing from appropriate personnel of the United States 

4 Government on the feasibility of releasing to the 

5 public additional information relating to counterter6 rorism efforts of the intelligence community. 

7 (2) ELEMENTS.—Each briefing required by 

8 paragraph (1) shall include a discussion of the feasi9 bility of— 

10 (A) subject to paragraph (3), releasing to 

11 the public the National Counterterrorism Budg12 et report described in subsection (a)(2) for the 

13 prior fiscal year; and 

14 (B) declassifying other reports, documents, 

15 or activities of the intelligence community relat16 ing to counterterrorism and releasing such in17 formation to the public in a manner consistent 

18 with the protection of intelligence sources and 

19 methods and other national security interests. 

20 (3) RELEASE OF NATIONAL COUNTERTER21 RORISM BUDGET REPORT.—The President may sat22 isfy the requirement under paragraph (2)(A) during 

23 a fiscal year by, not later than 90 days after the be24 ginning of the fiscal year, releasing to the public the 

25 National Counterterrorism Budget report (with any 
110 

•HR 3494 EH

1 redactions the Director determines necessary to pro2 tect intelligence sources and methods and other na3 tional security interests) for the prior fiscal year. 

4 SEC. 703. TASK FORCE ON ILLICIT FINANCING OF ESPIO5 NAGE AND FOREIGN INFLUENCE OPER6 ATIONS. 

7 (a) ESTABLISHMENT.—Not later than 30 days after 

8 the date of the enactment of this Act, the Director of Na9 tional Intelligence shall establish a task force to study and 

10 assess the illicit financing of espionage and foreign influ11 ence operations directed at the United States. 

12 (b) MEMBERSHIP.—The task force shall be composed 

13 of the following individuals (or designees of the indi14 vidual): 

15 (1) The Director of the Central Intelligence 

16 Agency. 

17 (2) The Director of the Federal Bureau of In18 vestigation. 

19 (3) The Assistant Secretary of the Treasury for 

20 Intelligence and Analysis. 

21 (4) The Assistant Secretary of State for Intel22 ligence and Research. 

23 (5) Such other heads of the elements of the in24 telligence community that the Director of National 

25 Intelligence determines appropriate. 
111 

•HR 3494 EH

1 (c) CHAIRPERSON; MEETINGS.— 

2 (1) CHAIRPERSON.—The Director of National 

3 Intelligence shall appoint a senior official within the 

4 Office of the Director of National Intelligence to 

5 serve as the chairperson of the task force. 

6 (2) MEETINGS.—The task force shall meet reg7 ularly but not less frequently than on a quarterly 

8 basis. 

9 (d) REPORTS.— 

10 (1) INITIAL REPORT.—Not later than 180 days 

11 after the date of the enactment of this Act, the task 

12 force shall submit to the appropriate congressional 

13 committees a report on the illicit financing of espio14 nage and foreign influence operations directed at the 

15 United States. The report shall address the fol16 lowing: 

17 (A) The extent of the collection by the in18 telligence community, from all sources (includ19 ing the governments of foreign countries), of in20 telligence and information relating to illicit fi21 nancing of espionage and foreign influence op22 erations directed at the United States, and any 

23 gaps in such collection. 

24 (B) Any specific legal, regulatory, policy, 

25 or other prohibitions, or financial, human, tech-
112 

•HR 3494 EH

1 nical, or other resource limitations or con2 straints, that have affected the ability of the 

3 Director of National Intelligence or other heads 

4 of relevant elements of the intelligence commu5 nity in collecting or analyzing intelligence or in6 formation relating to illicit financing of espio7 nage and foreign influence operations directed 

8 at the United States. 

9 (C) The methods, as of the date of the re10 port, by which hostile governments of foreign 

11 countries or foreign organizations, and any 

12 groups or persons acting on behalf of or with 

13 the support of such governments or organiza14 tions, seek to disguise or obscure relationships 

15 between such governments, organizations, 

16 groups, or persons and United States persons, 

17 for the purpose of conducting espionage or for18 eign influence operations directed at the United 

19 States, including by exploiting financial laws, 

20 systems, or instruments, of the United States. 

21 (D) The existing practices of the intel22 ligence community for ensuring that intelligence 

23 and information relating to the illicit financing 

24 of espionage and foreign influence operations is 

25 analyzed and shared with other elements of the 
113 

•HR 3494 EH

1 intelligence community, and any recommenda2 tions for improving such analysis and sharing. 

3 (2) ANNUAL UPDATE.—Not later than Novem4 ber 1, 2020, and each year thereafter through the 

5 date specified in subsection (e), the task force shall 

6 submit to the appropriate congressional committees 

7 an update on the report under paragraph (1). 

8 (3) FORM.—Each report submitted under this 

9 subsection may be submitted in classified form, but 

10 if submitted in such form, shall include an unclassi11 fied summary. 

12 (e) TERMINATION.—The task force shall terminate 

13 on January 1, 2025. 

14 (f) APPROPRIATE CONGRESSIONAL COMMITTEES DE15 FINED.—In this section, the term ‘‘appropriate congres16 sional committees’’ means the following: 

17 (1) The congressional intelligence committees. 

18 (2) The Committee on Foreign Affairs and the 

19 Committee on Financial Services of the House of 

20 Representatives. 

21 (3) The Committee on Foreign Relations and 

22 the Committee on Banking, Housing, and Urban Af23 fairs of the Senate. 
114 

•HR 3494 EH

1 SEC. 704. STUDY ON ROLE OF RETIRED AND FORMER PER2 SONNEL OF INTELLIGENCE COMMUNITY 

3 WITH RESPECT TO CERTAIN FOREIGN INTEL4 LIGENCE OPERATIONS. 

5 (a) STUDY.—The Director of National Intelligence 

6 shall conduct a study on former intelligence personnel pro7 viding covered intelligence assistance. 

8 (b) ELEMENTS.—The study under subsection (a) 

9 shall include the following: 

10 (1) An identification of, and discussion of the 

11 effectiveness of, existing laws, policies, procedures, 

12 and other measures relevant to the ability of ele13 ments of the intelligence community to prevent 

14 former intelligence personnel from providing covered 

15 intelligence assistance— 

16 (A) without proper authorization; or 

17 (B) in a manner that would violate legal or 

18 policy controls if the personnel performed such 

19 assistance while working for the United States 

20 Government; and 

21 (2) Make recommendations for such legislative, 

22 regulatory, policy, or other changes as may be nec23 essary to ensure that the United States consistently 

24 meets the objectives described in paragraph (1). 

25 (c) REPORT AND PLAN.—Not later than 90 days 

26 after the date of the enactment of this Act, the Director 
115 

•HR 3494 EH

1 shall submit to the congressional intelligence committees, 

2 the Committee on Homeland Security and Governmental 

3 Affairs of the Senate, and the Committee on Homeland 

4 Security of the House of Representatives— 

5 (1) a report on the findings of the Director with 

6 respect to each element of the study under sub7 section (a); and 

8 (2) a plan to implement any recommendations 

9 made by the Director that the Director may imple10 ment without changes to Federal law. 

11 (d) FORM.—The report and plan under subsection (c) 

12 may be submitted in classified form. 

13 (e) DEFINITIONS.—In this section: 

14 (1) COVERED INTELLIGENCE ASSISTANCE.— 

15 The term ‘‘covered intelligence assistance’’ means 

16 assistance— 

17 (A) provided by former intelligence per18 sonnel directly to, or for the benefit of, the gov19 ernment of a foreign country or indirectly to, or 

20 for the benefit of, such a government through 

21 a company or other entity; and 

22 (B) that relates to intelligence or law en23 forcement activities of a foreign country, includ24 ing with respect to operations that involve 

25 abuses of human rights, violations of the laws 
116 

•HR 3494 EH

1 of the United States, or infringements on the 

2 privacy rights of United States persons. 

3 (2) FORMER INTELLIGENCE PERSONNEL.—The 

4 term ‘‘former intelligence personnel’’ means retired 

5 or former personnel of the intelligence community, 

6 including civilian employees of elements of the intel7 ligence community, members of the Armed Forces, 

8 and contractors of elements of the intelligence com9 munity. 

10 SEC. 705. REPORT BY DIRECTOR OF NATIONAL INTEL11 LIGENCE ON FIFTH-GENERATION WIRELESS 

12 NETWORK TECHNOLOGY. 

13 (a) REPORT.—Not later than 180 days after the date 

14 of the enactment of this Act, the Director of National In15 telligence shall submit to the congressional intelligence 

16 committees a report on— 

17 (1) the threat to the national security of the 

18 United States posed by the global and regional adop19 tion of fifth-generation wireless network (in this sec20 tion referred to as ‘‘5G wireless network’’) tech21 nology built by foreign companies; 

22 (2) the threat to the national security of the 

23 United States posed by telecommunications compa24 nies that are subject to the jurisdiction of a foreign 

25 adversary; and 
117 

•HR 3494 EH

1 (3) possible efforts to mitigate the threat. 

2 (b) CONTENTS.—The report under subsection (a) 

3 shall include— 

4 (1) the timeline and scale of global and regional 

5 adoption of foreign 5G wireless network technology; 

6 (2) the implications of such global and regional 

7 adoption on the cyber and espionage threat to the 

8 United States, the interests of the United States, 

9 and the cyber and collection capabilities of the 

10 United States; 

11 (3) the threat to the national security of the 

12 United States from acquisition, importation, trans13 fer, installation, or use of any communications tech14 nology by any person subject to the jurisdiction of 

15 the United States that involves communications 

16 technology designed, developed, manufactured or 

17 supplied by, controlled by, or subject to, the jurisdic18 tion of a foreign adversary; and 

19 (4) the effect of possible mitigation efforts, in20 cluding with respect to— 

21 (A) a policy of the United States Govern22 ment promoting the use of strong, end-to-end 

23 encryption for data transmitted over 5G wire24 less networks; 
118 

•HR 3494 EH

1 (B) a policy of the United States Govern2 ment promoting or funding free, open-source 

3 implementation of 5G wireless network tech4 nology; 

5 (C) subsidies or incentives provided by the 

6 United States Government that could be used 

7 to promote the adoption of secure 5G wireless 

8 network technology developed by companies of 

9 the United States or companies of allies of the 

10 United States; and 

11 (D) a strategy by the United States Gov12 ernment to reduce foreign influence and polit13 ical pressure in international standard-setting 

14 bodies. 

15 (c) FORM.—The report submitted under subsection 

16 (a) shall be submitted in unclassified form, but may in17 clude a classified annex. 

18 SEC. 706. ESTABLISHMENT OF 5G PRIZE COMPETITION. 

19 (a) PRIZE COMPETITION.—Pursuant to section 24 of 

20 the Stevenson-Wydler Technology Innovation Act of 1980 

21 (15 U.S.C. 3719), the Director of National Intelligence, 

22 acting through the Director of the Intelligence Advanced 

23 Research Projects Agency, shall carry out a program to 

24 award prizes competitively to stimulate research and de25 velopment relevant to 5G technology. 
119 

•HR 3494 EH

1 (b) PRIZE AMOUNT.—In carrying out the program 

2 under subsection (a), the Director may award not more 

3 than a total of $5,000,000 to one or more winners of the 

4 prize competition. 

5 (c) CONSULTATION.—In carrying out the program 

6 under subsection (a), the Director may consult with the 

7 heads of relevant departments and agencies of the Federal 

8 Government. 

9 (d) 5G TECHNOLOGY DEFINED.—In this section, the 

10 term ‘‘5G technology’’ means hardware, software, or other 

11 technologies relating to fifth-generation wireless networks. 

12 SEC. 707. ESTABLISHMENT OF DEEPFAKES PRIZE COMPETI13 TION. 

14 (a) PRIZE COMPETITION.—Pursuant to section 24 of 

15 the Stevenson-Wydler Technology Innovation Act of 1980 

16 (15 U.S.C. 3719), the Director of National Intelligence, 

17 acting through the Director of the Intelligence Advanced 

18 Research Projects Agency, shall carry out a program to 

19 award prizes competitively to stimulate the research, de20 velopment, or commercialization of technologies to auto21 matically detect machine-manipulated media. 

22 (b) PRIZE AMOUNT.—In carrying out the program 

23 under subsection (a), the Director may award not more 

24 than a total of $5,000,000 to one or more winners of the 

25 prize competition. 
120 

•HR 3494 EH

1 (c) CONSULTATION.—In carrying out the program 

2 under subsection (a), the Director may consult with the 

3 heads of relevant departments and agencies of the Federal 

4 Government. 

5 (d) MACHINE-MANIPULATED MEDIA DEFINED.—In 

6 this section, the term ‘‘machine-manipulated media’’ 

7 means video, image, or audio recordings generated or sub8 stantially modified using machine-learning techniques in 

9 order to falsely depict events, to falsely depict the speech 

10 or conduct of an individual, or to depict individuals who 

11 do not exist. 

12 SEC. 708. REMOVAL AND NEUTRALIZATION OF IMSI CATCH13 ERS. 

14 (a) IN GENERAL.—The Secretary of Homeland Secu15 rity, in collaboration with the Director of National Intel16 ligence, the Chairman of the Federal Communications 

17 Commission, and the heads of such other Federal agencies 

18 as the Secretary determines appropriate, and following 

19 consultation with appropriate private entities, shall— 

20 (1) undertake an effort to remove or neutralize 

21 unauthorized IMSI catchers installed by foreign en22 tities or that have an unknown attribution, with 

23 prioritization given to IMSI catchers identified in 

24 the National Capital Region; and 
121 

•HR 3494 EH

1 (2) conduct further assessments, not less than 

2 once every 90 days, to identify new IMSI catchers 

3 for removal or neutralization. 

4 (b) IMSI CATCHER DEFINED.—The term ‘‘IMSI 

5 catcher’’ means an international mobile subscriber iden6 tity-catcher or other device used for intercepting mobile 

7 phone identifying information and location data. 

8 SEC. 709. PLAN FOR STRENGTHENING THE SUPPLY CHAIN 

9 INTELLIGENCE FUNCTION. 

10 (a) IN GENERAL.—Not later than 180 days after the 

11 date of the enactment of this Act, the Director of the Na12 tional Counterintelligence and Security Center, in coordi13 nation with the Director of the Defense Counterintel14 ligence and Security Agency and other interagency part15 ners, shall submit to Congress a plan for strengthening 

16 the supply chain intelligence function. 

17 (b) ELEMENTS.—The plan submitted under sub18 section (a) shall address the following: 

19 (1) The appropriate workforce model, including 

20 size, mix, and seniority, from the elements of the in21 telligence community and other interagency part22 ners. 

23 (2) The budgetary resources necessary to imple24 ment the plan. 
122 

•HR 3494 EH

1 (3) The appropriate governance structure with2 in the intelligence community and with interagency 

3 partners. 

4 (4) The authorities necessary to implement the 

5 plan. 

6 SEC. 710. SECURING ENERGY INFRASTRUCTURE. 

7 (a) DEFINITIONS.—In this section: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com10 mittees’’ means— 

11 (A) the congressional intelligence commit12 tees; 

13 (B) the Committee on Homeland Security 

14 and Governmental Affairs and the Committee 

15 on Energy and Natural Resources of the Sen16 ate; and 

17 (C) the Committee on Homeland Security 

18 and the Committee on Energy and Commerce 

19 of the House of Representatives. 

20 (2) COVERED ENTITY.—The term ‘‘covered en21 tity’’ means an entity identified pursuant to section 

22 9(a) of Executive Order No. 13636 of February 12, 

23 2013 (78 Fed. Reg. 11742), relating to identifica24 tion of critical infrastructure where a cybersecurity 

25 incident could reasonably result in catastrophic re-
123 

•HR 3494 EH

1 gional or national effects on public health or safety, 

2 economic security, or national security. 

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

4 software tool designed to take advantage of a secu5 rity vulnerability. 

6 (4) INDUSTRIAL CONTROL SYSTEM.—The term 

7 ‘‘industrial control system’’ means an operational 

8 technology used to measure, control, or manage in9 dustrial functions, and includes supervisory control 

10 and data acquisition systems, distributed control 

11 systems, and programmable logic or embedded con12 trollers. 

13 (5) NATIONAL LABORATORY.—The term ‘‘Na14 tional Laboratory’’ has the meaning given the term 

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

16 U.S.C. 15801). 

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

18 the pilot program established under subsection (b). 

19 (7) SECRETARY.—Except as otherwise specifi20 cally provided, the term ‘‘Secretary’’ means the Sec21 retary of Energy. 

22 (8) SECURITY VULNERABILITY.—The term ‘‘se23 curity vulnerability’’ means any attribute of hard24 ware, software, process, or procedure that could en25 able or facilitate the defeat of a security control. 
124 

•HR 3494 EH

1 (b) PILOT PROGRAM FOR SECURING ENERGY INFRA2 STRUCTURE.—Not later than 180 days after the date of 

3 the enactment of this Act, the Secretary shall establish 

4 a 2-year control systems implementation pilot program 

5 within the National Laboratories for the purposes of— 

6 (1) partnering with covered entities in the en7 ergy sector (including critical component manufac8 turers in the supply chain) that voluntarily partici9 pate in the Program to identify new classes of secu10 rity vulnerabilities of the covered entities; and 

11 (2) evaluating technology and standards, in 

12 partnership with covered entities, to isolate and de13 fend industrial control systems of covered entities 

14 from security vulnerabilities and exploits in the most 

15 critical systems of the covered entities, including— 

16 (A) analog and nondigital control systems; 

17 (B) purpose-built control systems; and 

18 (C) physical controls. 

19 (c) WORKING GROUP TO EVALUATE PROGRAM

20 STANDARDS AND DEVELOP STRATEGY.— 

21 (1) ESTABLISHMENT.—The Secretary shall es22 tablish a working group— 

23 (A) to evaluate the technology and stand24 ards used in the Program under subsection 

25 (b)(2); and 
125 

•HR 3494 EH

1 (B) to develop a national cyber-informed 

2 engineering strategy to isolate and defend cov3 ered entities from security vulnerabilities and 

4 exploits in the most critical systems of the cov5 ered entities. 

6 (2) MEMBERSHIP.—The working group estab7 lished under paragraph (1) shall be composed of not 

8 fewer than 10 members, to be appointed by the Sec9 retary, at least 1 member of which shall represent 

10 each of the following: 

11 (A) The Department of Energy. 

12 (B) The energy industry, including electric 

13 utilities and manufacturers recommended by 

14 the Energy Sector coordinating councils. 

15 (C)(i) The Department of Homeland Secu16 rity; or 

17 (ii) the Industrial Control Systems Cyber 

18 Emergency Response Team. 

19 (D) The North American Electric Reli20 ability Corporation. 

21 (E) The Nuclear Regulatory Commission. 

22 (F)(i) The Office of the Director of Na23 tional Intelligence; or 
126 

•HR 3494 EH

1 (ii) the intelligence community (as defined 

2 in section 3 of the National Security Act of 

3 1947 (50 U.S.C. 3003)). 

4 (G)(i) The Department of Defense; or 

5 (ii) the Assistant Secretary of Defense for 

6 Homeland Security and America’s Security Af7 fairs. 

8 (H) A State or regional energy agency. 

9 (I) A national research body or academic 

10 institution. 

11 (J) The National Laboratories. 

12 (d) REPORTS ON THE PROGRAM.— 

13 (1) INTERIM REPORT.—Not later than 180 

14 days after the date on which funds are first dis15 bursed under the Program, the Secretary shall sub16 mit to the appropriate congressional committees an 

17 interim report that— 

18 (A) describes the results of the Program; 

19 (B) includes an analysis of the feasibility 

20 of each method studied under the Program; and 

21 (C) describes the results of the evaluations 

22 conducted by the working group established 

23 under subsection (c)(1). 

24 (2) FINAL REPORT.—Not later than 2 years 

25 after the date on which funds are first disbursed 
127 

•HR 3494 EH

1 under the Program, the Secretary shall submit to 

2 the appropriate congressional committees a final re3 port that— 

4 (A) describes the results of the Program; 

5 (B) includes an analysis of the feasibility 

6 of each method studied under the Program; and 

7 (C) describes the results of the evaluations 

8 conducted by the working group established 

9 under subsection (c)(1). 

10 (e) EXEMPTION FROM DISCLOSURE.—Information 

11 shared by or with the Federal Government or a State, 

12 Tribal, or local government under this section— 

13 (1) shall be deemed to be voluntarily shared in14 formation; 

15 (2) shall be exempt from disclosure under sec16 tion 552 of title 5, United States Code, or any provi17 sion of any State, Tribal, or local freedom of infor18 mation law, open government law, open meetings 

19 law, open records law, sunshine law, or similar law 

20 requiring the disclosure of information or records; 

21 and 

22 (3) shall be withheld from the public, without 

23 discretion, under section 552(b)(3) of title 5, United 

24 States Code, and any provision of any State, Tribal, 
128 

•HR 3494 EH

1 or local law requiring the disclosure of information 

2 or records. 

3 (f) PROTECTION FROM LIABILITY.— 

4 (1) IN GENERAL.—A cause of action against a 

5 covered entity for engaging in the voluntary activi6 ties authorized under subsection (b)— 

7 (A) shall not lie or be maintained in any 

8 court; and 

9 (B) shall be promptly dismissed by the ap10 plicable court. 

11 (2) VOLUNTARY ACTIVITIES.—Nothing in this 

12 section subjects any covered entity to liability for not 

13 engaging in the voluntary activities authorized under 

14 subsection (b). 

15 (g) NO NEW REGULATORY AUTHORITY FOR FED16 ERAL AGENCIES.—Nothing in this section authorizes the 

17 Secretary or the head of any other department or agency 

18 of the Federal Government to issue new regulations. 

19 (h) AUTHORIZATION OF APPROPRIATIONS.— 

20 (1) PILOT PROGRAM.—There is authorized to 

21 be appropriated $10,000,000 to carry out subsection 

22 (b). 

23 (2) WORKING GROUP AND REPORT.—There is 

24 authorized to be appropriated $1,500,000 to carry 

25 out subsections (c) and (d). 
129 

•HR 3494 EH

1 (3) AVAILABILITY.—Amounts made available 

2 under paragraphs (1) and (2) shall remain available 

3 until expended. 

4 SEC. 711. COLLECTION, ANALYSIS, AND DISSEMINATION OF 

5 WORKFORCE DATA. 

6 (a) INITIAL REPORTING.— 

7 (1) IN GENERAL.—Not later than 180 days 

8 after the date of the enactment of this Act, and sub9 ject to paragraph (3), the Director of National Intel10 ligence shall make available to the public, the appro11 priate congressional committees, and the workforce 

12 of the intelligence community a report which in13 cludes aggregate demographic data and other infor14 mation regarding the diversity and inclusion efforts 

15 of the workforce of the intelligence community. 

16 (2) CONTENTS.—A report made available under 

17 paragraph (1)— 

18 (A) shall include unclassified reports and 

19 barrier analyses relating to diversity and inclu20 sion efforts; 

21 (B) shall include aggregate demographic 

22 data— 

23 (i) by segment of the workforce of the 

24 intelligence community and grade or rank; 
130 

•HR 3494 EH

1 (ii) relating to attrition and promotion 

2 rates; 

3 (iii) that addresses the compliance of 

4 the intelligence community with validated 

5 inclusion metrics, such as the New Inclu6 sion Quotient index score; and 

7 (iv) that provides demographic com8 parisons to the relevant nongovernmental 

9 labor force and the relevant civilian labor 

10 force; 

11 (C) shall include an analysis of applicant 

12 flow data, including the percentage and level of 

13 positions for which data are collected, and a 

14 discussion of any resulting policy changes or 

15 recommendations; 

16 (D) shall include demographic data relat17 ing to participants in professional development 

18 programs of the intelligence community and the 

19 rate of placement into senior positions for par20 ticipants in such programs; 

21 (E) shall include any voluntarily collected 

22 demographic data relating to the membership of 

23 any external advisory committee or board to 

24 which individuals in senior positions in the in25 telligence community appoint members; and 
131 

•HR 3494 EH

1 (F) may include data in proportions or 

2 percentages to account for concerns relating to 

3 the protection of classified information. 

4 (b) UPDATES.—After making available a report 

5 under subsection (a), the Director of National Intelligence 

6 shall annually provide a report (which may be provided 

7 as part of an annual report required under another provi8 sion of law) to the workforce of the intelligence community 

9 (including senior leadership), the public, and the appro10 priate congressional committees that includes— 

11 (1) demographic data and information on the 

12 status of diversity and inclusion efforts of the intel13 ligence community; 

14 (2) an analysis of applicant flow data, including 

15 the percentage and level of positions for which data 

16 are collected, and a discussion of any resulting policy 

17 changes or recommendations; and 

18 (3) demographic data relating to participants in 

19 professional development programs of the intel20 ligence community and the rate of placement into 

21 senior positions for participants in such programs. 

22 (c) EXPAND THE COLLECTION AND ANALYSIS OF

23 VOLUNTARY APPLICANT FLOW DATA.— 

24 (1) IN GENERAL.—The Director of National In25 telligence shall develop a system to collect and ana-
132 

•HR 3494 EH

1 lyze applicant flow data for as many positions within 

2 the intelligence community as practicable, in order 

3 to identify areas for improvement in attracting di4 verse talent, with particular attention to senior and 

5 management positions. 

6 (2) PHASED IMPLEMENTATION.—The collection 

7 of applicant flow data may be implemented by the 

8 Director of National Intelligence in a phased ap9 proach commensurate with the resources available to 

10 the intelligence community. 

11 (d) IDENTIFY ADDITIONAL CATEGORIES FOR VOL12 UNTARY DATA COLLECTION OF CURRENT EMPLOYEES.— 

13 (1) IN GENERAL.—The Director of National In14 telligence may submit to the Office of Management 

15 and Budget and to the appropriate congressional 

16 committees a recommendation regarding whether the 

17 intelligence community should voluntarily collect 

18 more detailed data on demographic categories in ad19 dition to the race and ethnicity categories specified 

20 in the statistical policy directive issued by the Office 

21 of Management and Budget entitled ‘‘Standards for 

22 Maintaining, Collecting, and Presenting Federal 

23 Data on Race and Ethnicity’’. 
133 

•HR 3494 EH

1 (2) PROCESS.—In making a recommendation 

2 under paragraph (1), the Director of National Intel3 ligence shall— 

4 (A) engage in close consultation with inter5 nal stakeholders, such as employee resource or 

6 affinity groups; 

7 (B) ensure that there is clear communica8 tion with the workforce of the intelligence com9 munity— 

10 (i) to explain the purpose of the po11 tential collection of such data; and 

12 (ii) regarding legal protections relat13 ing to any anticipated use of such data; 

14 and 

15 (C) ensure adherence to relevant standards 

16 and guidance issued by the Federal Govern17 ment. 

18 (e) DEFINITIONS.—In this section: 

19 (1) APPLICANT FLOW DATA.—The term ‘‘appli20 cant flow data’’ means data that tracks the rate of 

21 applications for job positions among demographic 

22 categories. 

23 (2) APPROPRIATE CONGRESSIONAL COMMIT24 TEES.—The term ‘‘appropriate congressional com25 mittees’’ means— 
134 

•HR 3494 EH

1 (A) the Committee on Foreign Relations, 

2 the Committee on Armed Services, the Com3 mittee on Homeland Security and Govern4 mental Affairs, the Select Committee on Intel5 ligence, and the Committee on Appropriations 

6 of the Senate; and 

7 (B) the Committee on Foreign Affairs, the 

8 Committee on Armed Services, the Committee 

9 on Homeland Security, the Permanent Select 

10 Committee on Intelligence, and the Committee 

11 on Appropriations of the House of Representa12 tives. 

13 (3) DIVERSITY.—The term ‘‘diversity’’ means 

14 diversity of persons based on gender, race, ethnicity, 

15 disability status, veteran status, sexual orientation, 

16 gender identity, national origin, and other demo17 graphic categories. 

18 SEC. 712. REPORT ON BEST PRACTICES TO PROTECT PRI19 VACY AND CIVIL LIBERTIES OF CHINESE 

20 AMERICANS. 

21 (a) SENSE OF CONGRESS.—It is the sense of Con22 gress that— 

23 (1) the People’s Republic of China appears to 

24 be specifically targeting the Chinese-American com25 munity for intelligence purposes; 
135 

•HR 3494 EH

1 (2) such targeting carries a substantial risk 

2 that the loyalty of such Americans may be generally 

3 questioned and lead to unacceptable stereotyping, 

4 targeting and racial profiling; 

5 (3) the United States Government has a duty 

6 to warn and protect all Americans including those of 

7 Chinese descent from these intelligence efforts by 

8 the People’s Republic of China; 

9 (4) the broad stereotyping, targeting and racial 

10 profiling of Americans of Chinese descent is contrary 

11 to the values of the United States and reinforces the 

12 flawed narrative perpetuated by the People’s Repub13 lic of China that ethnically Chinese individuals 

14 worldwide have a duty to support the People’s Re15 public of China; and 

16 (5) the United States efforts to combat the 

17 People’s Republic of China’s intelligence activities 

18 should actively safeguard and promote the constitu19 tional rights of all Chinese Americans. 

20 (b) REPORT.—Not later than 180 days after the date 

21 of the enactment of this Act, the Director of National In22 telligence, acting through the Office of Civil Liberties, Pri23 vacy, and Transparency, in coordination with the civil lib24 erties and privacy officers of the elements of the intel-
136 

•HR 3494 EH

1 ligence community, shall submit a report to the congres2 sional intelligence committees containing— 

3 (1) a review of how the policies, procedures, 

4 and practices of the intelligence community that gov5 ern the intelligence activities and operations tar6 geting the People’s Republic of China affect policies, 

7 procedures, and practices relating to the privacy and 

8 civil liberties of Americans of Chinese descent who 

9 may be targets of espionage and influence operations 

10 by China; and 

11 (2) recommendations to ensure that the privacy 

12 and civil liberties of Americans of Chinese descent 

13 are sufficiently protected. 

14 (c) FORM.—The report under subsection (b) shall be 

15 submitted in unclassified form, but may include a classi16 fied annex. 

17 SEC. 713. INTELLIGENCE ASSESSMENT OF RELATIONSHIP 

18 BETWEEN WOMEN AND VIOLENT EXTREMISM. 

19 (a) IN GENERAL.—Not later than 180 days after the 

20 date of the enactment of this Act, and annually thereafter, 

21 the Director of National Intelligence, in consultation with 

22 the Secretary of Defense, the Secretary of State, and the 

23 head of any element of the intelligence community the Di24 rector determines appropriate, shall submit to the appro25 priate congressional committees an intelligence assessment 
137 

•HR 3494 EH

1 on the relationship between women and violent extremism 

2 and terrorism throughout the world, including an assess3 ment of— 

4 (1) the historical trends and current state of 

5 women’s varied roles worldwide in all aspects of vio6 lent extremism and terrorism, including as recruit7 ers, sympathizers, perpetrators, and combatants, as 

8 well as peace-builders and preventers; 

9 (2) how women’s roles in all aspects of violent 

10 extremism and terrorism are likely to change in the 

11 near- and medium-term; 

12 (3) the extent to which the unequal status of 

13 women affects the ability of armed combatants and 

14 terrorist groups to enlist or conscript women as com15 batants and perpetrators of violence; 

16 (4) how terrorist groups violate the rights of 

17 women and girls, including child, early, and forced 

18 marriage, abduction, sexual violence, and human 

19 trafficking, and the extent to which such violations 

20 contribute to the spread of conflict and terrorist ac21 tivities; and 

22 (5) opportunities to address the security risk 

23 posed by female extremists and leverage the roles of 

24 women in counterterrorism efforts. 
138 

•HR 3494 EH

1 (b) FORM.—The assessment required under sub2 section (a) shall be submitted in unclassified form, but 

3 may include a classified annex. 

4 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE5 FINED.—In this section, the term ‘‘appropriate congres6 sional committees’’ means— 

7 (1) the Select Committee on Intelligence, the 

8 Committee on Foreign Relations, and the Committee 

9 on Armed Services, of the Senate; and 

10 (2) the Permanent Select Committee on Intel11 ligence, the Committee on Foreign Affairs, and the 

12 Committee on Armed Services, of the House of Rep13 resentatives. 

14 SEC. 714. REPORT ON USE BY INTELLIGENCE COMMUNITY 

15 OF FACIAL RECOGNITION TECHNOLOGY. 

16 (a) SENSE OF CONGRESS.—It is the sense of Con17 gress that— 

18 (1) the use of facial recognition technology for 

19 the purpose of suppressing or burdening criticism or 

20 dissent, or for disadvantaging persons based on their 

21 ethnicity, race, gender, sexual orientation, or reli22 gion, is contrary to the values of the United States; 

23 (2) the United States Government should not 

24 engage in the sale or transfer of facial recognition 
139 

•HR 3494 EH

1 technology to any country that is using such tech2 nology for the suppression of human rights; and 

3 (3) it is incumbent upon the intelligence com4 munity to develop clear policies and procedures that 

5 prevent the abuse of facial recognition technology. 

6 (b) REPORT REQUIRED.—Not later than 1 year after 

7 the date of the enactment of this Act, the Director of Na8 tional Intelligence shall submit to the congressional intel9 ligence committees a report on the use of facial recognition 

10 technology by the intelligence community. Such report 

11 shall include each of the following: 

12 (1) An analysis of the current use of facial rec13 ognition technology by the intelligence community. 

14 (2) An analysis of the accuracy of facial rec15 ognition technology, including a discussion of the ap16 propriate threshold for use, and data disaggregated 

17 by race, gender, ethnicity, and age. 

18 (3) Whether the Government has adequate pro19 cedures in place to audit or test technology they pur20 chase to assess its accuracy, including on the basis 

21 of race, gender, ethnicity, and age. 

22 (4) The extent to which the intelligence commu23 nity has codified policies governing the use of facial 

24 recognition technology that adequately prevent ad-
140 

•HR 3494 EH

1 verse impacts on privacy, civil rights, and civil lib2 erties. 

3 (5) An analysis of the ability of the intelligence 

4 community to use facial recognition technology to 

5 identify individuals in a way that respects constitu6 tional rights, civil rights, civil liberties, and privacy 

7 of such individuals. 

8 (6) Identification of risks and safeguards to up9 hold the constitutional rights, civil rights, civil lib10 erties, and privacy of individuals, including for com11 munities of color and religious minorities. 

12 (7) Whether such technology is deployed in 

13 public areas or on photos of public areas in a man14 ner that could raise First Amendment concerns. 

15 (8) An identification of existing policies, proce16 dures, or practices that permit the sharing of facial 

17 recognition data and technology with foreign govern18 ments or other non-United States Government enti19 ties. 

20 (9) An identification of measures in place to 

21 protect data security. 

22 (10) An identification of any redress procedures 

23 to address complaints in cases where the use of fa24 cial recognition resulted in harm to an individual. 
141 

•HR 3494 EH

1 (11) An analysis of existing transparency, over2 sight, and audits of the use of facial recognition to 

3 measure the efficacy of the technology on an ongoing 

4 basis, as measured against the cost and impact on 

5 individual rights. 

6 (c) FORM.—The report under subsection (a) shall be 

7 submitted in unclassified form, but may include a classi8 fied annex. 

9 (d) FACIAL RECOGNITION DATA DEFINED.—In this 

10 section, the term ‘‘facial recognition data’’ means any 

11 unique attribute or feature of the face of an end user that 

12 is used by facial recognition technology to assign a unique, 

13 persistent identifier, or for the unique personal identifica14 tion of a specific individual. 

15 SEC. 715. REPORT ON DEEPFAKE TECHNOLOGY, FOREIGN 

16 WEAPONIZATION OF DEEPFAKES, AND RE17 LATED NOTIFICATIONS. 

18 (a) REPORT ON FOREIGN WEAPONIZATION OF

19 DEEPFAKES AND DEEPFAKE TECHNOLOGY.— 

20 (1) REPORT REQUIRED.—Not later than 180 

21 days after the date of the enactment of this Act, the 

22 Director of National Intelligence, in consultation 

23 with the heads of the elements of the intelligence 

24 community determined appropriate by the Director, 
142 

•HR 3494 EH

1 shall submit to the congressional intelligence com2 mittees a report on— 

3 (A) the potential national security impacts 

4 of machine-manipulated media (commonly 

5 known as ‘‘deepfakes’’); and 

6 (B) the actual or potential use of machine7 manipulated media by foreign governments to 

8 spread disinformation or engage in other malign 

9 activities. 

10 (2) MATTERS TO BE INCLUDED.—The report 

11 under subsection (a) shall include the following: 

12 (A) An assessment of the technical capa13 bilities of foreign governments, including for14 eign intelligence services, foreign government15 affiliated entities, and foreign individuals, with 

16 respect to machine-manipulated media, ma17 chine-generated text, generative adversarial net18 works, and related machine-learning tech19 nologies, including— 

20 (i) an assessment of the technical ca21 pabilities of the People’s Republic of China 

22 and the Russian Federation with respect to 

23 the production and detection of machine24 manipulated media; and 
143 

•HR 3494 EH

1 (ii) an annex describing those govern2 mental elements within China and Russia 

3 known to have supported or facilitated ma4 chine-manipulated media research, develop5 ment, or dissemination, as well as any 

6 civil-military fusion, private-sector, aca7 demic, or non-governmental entities which 

8 have meaningfully participated in such ac9 tivities. 

10 (B) An updated assessment of how foreign 

11 governments, including foreign intelligence serv12 ices, foreign government-affiliated entities, and 

13 foreign individuals, could use or are using ma14 chine-manipulated media and machine-gen15 erated text to harm the national security inter16 ests of the United States, including an assess17 ment of the historic, current, or potential future 

18 efforts of China and Russia to use machine-ma19 nipulated media, including with respect to— 

20 (i) the overseas or domestic dissemi21 nation of misinformation; 

22 (ii) the attempted discrediting of polit23 ical opponents or disfavored populations; 

24 and 
144 

•HR 3494 EH

1 (iii) intelligence or influence oper2 ations directed against the United States, 

3 allies or partners of the United States, or 

4 other jurisdictions believed to be subject to 

5 Chinese or Russian interference. 

6 (C) An updated identification of the 

7 counter-technologies that have been or could be 

8 developed and deployed by the United States 

9 Government, or by the private sector with Gov10 ernment support, to deter, detect, and attribute 

11 the use of machine-manipulated media and ma12 chine-generated text by foreign governments, 

13 foreign-government affiliates, or foreign individ14 uals, along with an analysis of the benefits, lim15 itations and drawbacks of such identified 

16 counter-technologies, including any emerging 

17 concerns related to privacy. 

18 (D) An identification of the offices within 

19 the elements of the intelligence community that 

20 have, or should have, lead responsibility for 

21 monitoring the development of, use of, and re22 sponse to machine-manipulated media and ma23 chine-generated text, including— 
145 

•HR 3494 EH

1 (i) a description of the coordination of 

2 such efforts across the intelligence commu3 nity; 

4 (ii) a detailed description of the exist5 ing capabilities, tools, and relevant exper6 tise of such elements to determine whether 

7 a piece of media has been machine manip8 ulated or machine generated, including the 

9 speed at which such determination can be 

10 made, the confidence level of the element 

11 in the ability to make such a determination 

12 accurately, and how increasing volume and 

13 improved quality of machine-manipulated 

14 media or machine-generated text may neg15 atively impact such capabilities; and 

16 (iii) a detailed description of planned 

17 or ongoing research and development ef18 forts intended to improve the ability of the 

19 intelligence community to detect machine20 manipulated media and machine-generated 

21 text. 

22 (E) A description of any research and de23 velopment activities carried out or under consid24 eration to be carried out by the intelligence 

25 community, including the Intelligence Advanced 
146 

•HR 3494 EH

1 Research Projects Activity, relevant to machine2 manipulated media and machine-generated text 

3 detection technologies. 

4 (F) Updated recommendations regarding 

5 whether the intelligence community requires ad6 ditional legal authorities, financial resources, or 

7 specialized personnel to address the national se8 curity threat posed by machine-manipulated 

9 media and machine generated text. 

10 (G) Other additional information the Di11 rector determines appropriate. 

12 (b) FORM.—The report under subsection (a) shall be 

13 submitted in unclassified form, but may include a classi14 fied annex. 

15 (c) REQUIREMENT FOR NOTIFICATION.—The Direc16 tor of National Intelligence, in cooperation with the heads 

17 of any other relevant departments or agencies of the Fed18 eral Government, shall notify the congressional intel19 ligence committees each time the Director of National In20 telligence determines— 

21 (1) there is credible information or intelligence 

22 that a foreign entity has attempted, is attempting, 

23 or will attempt to deploy machine-manipulated 

24 media or machine-generated text aimed at the elec-
147 

•HR 3494 EH

1 tions or domestic political processes of the United 

2 States; and 

3 (2) that such intrusion or campaign can be at4 tributed to a foreign government, a foreign govern5 ment-affiliated entity, or a foreign individual. 

6 (d) ANNUAL UPDATE.—Upon submission of the re7 port in subsection (a), on an annual basis, the Director 

8 of National Intelligence, in consultation with the heads of 

9 the elements of the intelligence community determined ap10 propriate by the Director, shall submit to the congres11 sional intelligence committees any significant updates with 

12 respect to the matters described in subsection (a). 

13 (e) DEFINITIONS.— 

14 (1) MACHINE-GENERATED TEXT.—The term 

15 ‘‘machine-generated text’’ means text generated 

16 using machine-learning techniques in order to resem17 ble writing in natural language. 

18 (2) MACHINE-MANIPULATED MEDIA.—The term 

19 ‘‘machine-manipulated media’’ has the meaning 

20 given that term in section 707. 

21 SEC. 716. RULE OF CONSTRUCTION WITH RESPECT TO CER22 TAIN CRIMES RELATING TO TERRORISM. 

23 Nothing in this Act, or the amendments made by this 

24 Act, shall be construed to contradict chapter 113B of title 

25 18, United States Code, including with respect to— 
148 

•HR 3494 EH

1 (1) section 2332b (relating to acts of terrorism 

2 transcending national boundaries); 

3 (2) section 2339 (relating to harboring or con4 cealing terrorists); and 

5 (3) section 2339A (relating to providing mate6 rial support to terrorists). 

7 SEC. 717. REPORT ON INTERNATIONAL MOBILE SUB8 SCRIBER IDENTITY-CATCHERS AND UNITED 

9 STATES NATIONAL SECURITY. 

10 (a) REPORT REQUIRED.—Not later than 180 days 

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

12 of National Intelligence, in consultation with the Secretary 

13 of Homeland Security, the Director of the Federal Bureau 

14 of Investigation, and the heads of other agencies the Di15 rector of National Intelligence determines appropriate, 

16 shall submit to the congressional intelligence committees 

17 a report describing— 

18 (1) the threats that international mobile sub19 scriber identity-catchers pose to national security 

20 and, specifically, the safety and security of Govern21 ment personnel; 

22 (2) the prevalence of international mobile sub23 scriber identity-catchers used by both foreign actors 

24 and domestic law enforcement within the United 

25 States; 
149 

•HR 3494 EH

1 (3) actions taken by Federal agencies, as of the 

2 date of the report, to remove or neutralize inter3 national mobile subscriber identity-catchers installed 

4 by foreign entities, with a primary focus on the Na5 tional Capital Region (as defined in section 2674(f) 

6 of title 10, United States Code); 

7 (4) policy recommendations for Congress to 

8 consider that would empower law enforcement and 

9 the intelligence community to counter such foreign 

10 intelligence operations while minimizing interference 

11 with legitimate domestic law enforcement operations; 

12 (5) the extent to which private entities, as well 

13 as Federal entities not primarily responsible for na14 tional security or homeland security, are able to re15 move, neutralize, or otherwise render ineffective 

16 international mobile subscriber identity-catchers; and 

17 (6) recommendations for new software pro18 grams, or the hardening of existing software pro19 grams, to reduce mobile phone susceptibility to 

20 international mobile subscriber identity-catchers. 

21 (b) FORM.—To the extent practicable, the report 

22 shall be submitted in an unclassified, law enforcement sen23 sitive form for the purposes of distribution to other con24 gressional committees, but may also include a classified 

25 annex. 
150 

•HR 3494 EH

1 SEC. 718. WHISTLEBLOWER DISCLOSURES TO CONGRESS 

2 AND COMMITTEES OF CONGRESS. 

3 Section 2302 of title 5, United States Code, is 

4 amended— 

5 (1) in subsection (b)(8)(B), by inserting ‘‘Con6 gress (including any committee of Congress),’’ before 

7 ‘‘the Special Counsel’’; and 

8 (2) in subsection (c)(2)(C)(iii)(III), by inserting 

9 after ‘‘Congress’’ the following: ‘‘(including any com10 mittee of Congress)’’. 

11 SEC. 719. REPORT CONTAINING THREAT ASSESSMENT ON 

12 TERRORIST USE OF CONVENTIONAL AND AD13 VANCED CONVENTIONAL WEAPONS. 

14 (a) REPORT REQUIRED.—Not later than 180 days 

15 after the date of the enactment of this Act, and annually 

16 thereafter for a period of 4 years, the Under Secretary 

17 of Homeland Security for Intelligence and Analysis, in co18 ordination with the Director of the Federal Bureau of In19 vestigation, shall develop and submit to the entities in ac20 cordance with subsection (b) a report containing a threat 

21 assessment regarding the availability of conventional 

22 weapons, including conventional weapons lacking serial 

23 numbers, and advanced conventional weapons, for use in 

24 furthering acts of terrorism, including the provision of ma25 terial support or resources to a foreign terrorist organiza-
151 

•HR 3494 EH

1 tion and to individuals or groups supporting or engaging 

2 in domestic terrorism. 

3 (b) DISSEMINATION OF REPORT.—Consistent with 

4 the protection of classified and confidential unclassified in5 formation, the Under Secretary shall— 

6 (1) submit the initial report required under 

7 subsection (a) to Federal, State, local, and Tribal 

8 law enforcement officials, including officials who op9 erate within State, local, and regional fusion centers 

10 under the Department of Homeland Security State, 

11 Local, and Regional Fusion Center Initiative estab12 lished by section 210A of the Homeland Security 

13 Act of 2002 (6 U.S.C. 124h); and 

14 (2) submit each report required under sub15 section (a) to the appropriate congressional commit16 tees. 

17 (c) DEFINITIONS.—In this section: 

18 (1) APPROPRIATE CONGRESSIONAL COMMIT19 TEES.—The term ‘‘appropriate congressional com20 mittees’’ means— 

21 (A) the Permanent Select Committee on 

22 Intelligence, the Committee on Homeland Secu23 rity, and the Committee on the Judiciary of the 

24 House of Representatives; and 
152 

•HR 3494 EH

1 (B) the Select Committee on Intelligence, 

2 the Committee on Homeland Security and Gov3 ernmental Affairs, and the Committee on the 

4 Judiciary of the Senate. 

5 (2) DOMESTIC TERRORISM.—The term ‘‘domes6 tic terrorism’’ has the meaning given that term in 

7 section 2331 of title 18, United States Code. 

8 (3) FOREIGN TERRORIST ORGANIZATION.—The 

9 term ‘‘foreign terrorist organization’’ means an or10 ganization designated as a foreign terrorist organiza11 tion under section 219 of the Immigration and Na12 tionality Act (8 U.S.C. 1189). 

13 SEC. 720. ASSESSMENT OF HOMELAND SECURITY 

14 VULNERABILITIES ASSOCIATED WITH CER15 TAIN RETIRED AND FORMER PERSONNEL OF 

16 THE INTELLIGENCE COMMUNITY. 

17 (a) ASSESSMENT REQUIRED.—Not later than the 

18 date that is 120 days after submission of the report re19 quired under section 704 of this Act, and annually there20 after, the Director of National Intelligence, in coordination 

21 with the Under Secretary of Homeland Security for Intel22 ligence and Analysis, the Director of the Federal Bureau 

23 of Investigation, the Director of the Central Intelligence 

24 Agency, and the Director of the Defense Counterintel25 ligence and Security Agency, shall submit to the appro-
153 

•HR 3494 EH

1 priate congressional committees an assessment of the 

2 homeland security vulnerabilities associated with retired 

3 and former personnel of intelligence community providing 

4 covered intelligence assistance. 

5 (b) FORM.—The assessment under subsection (a) 

6 may be submitted in classified form. 

7 (c) DEFINITIONS.—In this section: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com10 mittees’’ means— 

11 (A) the congressional intelligence commit12 tees; 

13 (B) the Committee on Homeland Security 

14 and Governmental Affairs of the Senate; and 

15 (C) the Committee on Homeland Security 

16 of the House of Representatives. 

17 (2) COVERED INTELLIGENCE ASSISTANCE.— 

18 The term ‘‘covered intelligence assistance’’ has the 

19 meaning given that term in section 704 of this Act. 

20 SEC. 721. EXPANSION OF AVAILABILITY OF FINANCIAL AS21 SETS OF IRAN TO VICTIMS OF TERRORISM. 

22 (a) FINDINGS.—Congress makes the following find23 ings: 

24 (1) On October 23, 1983, terrorists sponsored 

25 by the Government of Iran bombed the United 
154 

•HR 3494 EH

1 States Marine barracks in Beirut, Lebanon. The ter2 rorists killed 241 servicemen and injured scores 

3 more. 

4 (2) Those servicemen were killed or injured 

5 while on a peacekeeping mission. 

6 (3) Terrorism sponsored by the Government of 

7 Iran threatens the national security of the United 

8 States. 

9 (4) The United States has a vital interest in en10 suring that members of the Armed Forces killed or 

11 injured by such terrorism, and the family members 

12 of such members, are able to seek justice. 

13 (b) AMENDMENTS.—Section 502 of the Iran Threat 

14 Reduction and Syria Human Rights Act of 2012 (22 

15 U.S.C. 8772) is amended— 

16 (1) in subsection (a)(1)— 

17 (A) in subparagraph (A), by striking ‘‘in 

18 the United States’’ the first place it appears 

19 and inserting ‘‘by or’’; 

20 (B) in subparagraph (B), by inserting ‘‘, 

21 or an asset that would be blocked if the asset 

22 were located in the United States,’’ after 

23 ‘‘unblocked)’’; and 

24 (C) in the flush text at the end— 
155 

•HR 3494 EH

1 (i) by inserting after ‘‘in aid of execu2 tion’’ the following: ‘‘, or to an order di3 recting that the asset be brought to the 

4 State in which the court is located and 

5 subsequently to execution or attachment in 

6 aid of execution,’’; and 

7 (ii) by inserting ‘‘, without regard to 

8 concerns relating to international comity’’ 

9 after ‘‘resources for such an act’’; and 

10 (2) in subsection (b)— 

11 (A) by striking ‘‘that are identified’’ and 

12 inserting the following: ‘‘that are— 

13 ‘‘(1) identified’’; 

14 (B) by striking the period at the end and 

15 inserting ‘‘; and’’; and 

16 (C) by adding at the end the following: 

17 ‘‘(2) identified in and the subject of proceedings 

18 in the United States District Court for the Southern 

19 District of New York in Peterson et al. v. Islamic 

20 Republic of Iran et al., Case No. 13 Civ. 9195 

21 (LAP).’’. 

22 (c) REPORT.— 

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

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

25 of National Intelligence shall submit to Congress a 
156 

•HR 3494 EH

1 report on threats against the United States military 

2 and defense interests, personnel, and their families, 

3 posed by organizations that are designated by the 

4 Secretary of State as a foreign terrorist organization 

5 pursuant to section 219 of the Immigration and Na6 tionality Act (8 U.S.C. 1189) with connections to 

7 the Government of Iran, as determined by the Direc8 tor. 

9 (2) FORM.—The report under paragraph (1) 

10 shall be submitted in unclassified form, but may 

11 contain a classified annex. 

12 SEC. 722. REPORT ON TERRORIST SCREENING DATABASE. 

13 (a) REPORT.—Not later than 180 days after the date 

14 of the enactment of this Act, the Director of National In15 telligence and the Secretary of State shall jointly submit 

16 to the congressional intelligence committees, the Com17 mittee on Foreign Affairs of the House of Representatives, 

18 and the Committee on Foreign Relations of the Senate 

19 a report on the terrorist screening database of the Federal 

20 Bureau of Investigation. 

21 (b) MATTERS INCLUDED.—The report under sub22 section (a) shall identify the following: 

23 (1) Which foreign countries receive access to 

24 the terrorist screening database. 
157 

•HR 3494 EH

1 (2) Which foreign countries have successfully 

2 petitioned to add individuals to the terrorist screen3 ing database. 

4 (3) What standards exist for determining which 

5 countries get access to the terrorist screening data6 base. 

7 (4) The extent to which the human rights 

8 record of the government of a foreign country is con9 sidered in the determination to give the country ac10 cess to the terrorist screening database. 

11 (5) What procedures, if any, exist to remove ac12 cess to the terrorist screening database from a for13 eign country. 

14 (6) What procedures, if any, exist to inform an 

15 individual, or the legal counsel of an individual, of 

16 the placement of the individual on the terrorist 

17 screening database. 

18 (c) FORM.—The report under subsection (a) shall be 

19 submitted in unclassified form, but may include a classi20 fied annex. 
158 

•HR 3494 EH

1 SEC. 723. SENSE OF CONGRESS ON AMERICANS AND FOR2 EIGN INDIVIDUALS WHO CONTRIBUTE TO 

3 THE NATIONAL SECURITY OF THE UNITED 

4 STATES WHO ARE HELD CAPTIVE. 

5 It is the sense of Congress that the United States 

6 Government should— 

7 (1) prioritize the safety and protection for all 

8 Americans, including citizens of the United States 

9 who are wrongfully detained by foreign governments; 

10 (2) make every effort to bring these Americans 

11 back home; and 

12 (3) provide assistance to and, as appropriate, 

13 advocate on behalf of foreign individuals detained 

14 abroad who contributed directly to the national secu15 rity of the United States. 

16 DIVISION B—INTELLIGENCE AU17 THORIZATIONS FOR FISCAL 

18 YEARS 2018 AND 2019 

19 TITLE XXI—INTELLIGENCE 

20 ACTIVITIES 

21 SEC. 2101. AUTHORIZATION OF APPROPRIATIONS. 

22 (a) FISCAL YEAR 2019.—Funds are hereby author23 ized to be appropriated for fiscal year 2019 for the con24 duct of the intelligence and intelligence-related activities 

25 of the following elements of the United States Govern26 ment: 
159 

•HR 3494 EH

1 (1) The Office of the Director of National Intel2 ligence. 

3 (2) The Central Intelligence Agency. 

4 (3) The Department of Defense. 

5 (4) The Defense Intelligence Agency. 

6 (5) The National Security Agency. 

7 (6) The Department of the Army, the Depart8 ment of the Navy, and the Department of the Air 

9 Force. 

10 (7) The Coast Guard. 

11 (8) The Department of State. 

12 (9) The Department of the Treasury. 

13 (10) The Department of Energy. 

14 (11) The Department of Justice. 

15 (12) The Federal Bureau of Investigation. 

16 (13) The Drug Enforcement Administration. 

17 (14) The National Reconnaissance Office. 

18 (15) The National Geospatial-Intelligence Agen19 cy. 

20 (16) The Department of Homeland Security. 

21 (b) FISCAL YEAR 2018.—Funds that were appro22 priated for fiscal year 2018 for the conduct of the intel23 ligence and intelligence-related activities of the elements 

24 of the United States set forth in subsection (a) are hereby 

25 authorized. 
160 

•HR 3494 EH

1 SEC. 2102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

2 (a) SPECIFICATIONS OF AMOUNTS.—The amounts 

3 authorized to be appropriated under section 2101 for the 

4 conduct of the intelligence activities of the elements listed 

5 in paragraphs (1) through (16) of section 2101, are those 

6 specified in the classified Schedule of Authorizations pre7 pared to accompany this Act. 

8 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU9 THORIZATIONS.— 

10 (1) AVAILABILITY.—The classified Schedule of 

11 Authorizations referred to in subsection (a) shall be 

12 made available to the Committee on Appropriations 

13 of the Senate, the Committee on Appropriations of 

14 the House of Representatives, and to the President. 

15 (2) DISTRIBUTION BY THE PRESIDENT.—Sub16 ject to paragraph (3), the President shall provide for 

17 suitable distribution of the classified Schedule of Au18 thorizations referred to in subsection (a), or of ap19 propriate portions of such Schedule, within the exec20 utive branch. 

21 (3) LIMITS ON DISCLOSURE.—The President 

22 shall not publicly disclose the classified Schedule of 

23 Authorizations or any portion of such Schedule ex24 cept— 
161 

•HR 3494 EH

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

2 Implementing Recommendations of the 9/11 

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

4 (B) to the extent necessary to implement 

5 the budget; or 

6 (C) as otherwise required by law. 

7 SEC. 2103. INTELLIGENCE COMMUNITY MANAGEMENT AC8 COUNT. 

9 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated for the Intelligence Commu11 nity Management Account of the Director of National In12 telligence for fiscal year 2019 the sum of $522,424,000. 

13 (b) CLASSIFIED AUTHORIZATION OF APPROPRIA14 TIONS.—In addition to amounts authorized to be appro15 priated for the Intelligence Community Management Ac16 count by subsection (a), there are authorized to be appro17 priated for the Intelligence Community Management Ac18 count for fiscal year 2019 such additional amounts as are 

19 specified in the classified Schedule of Authorizations re20 ferred to in section 2102(a). 
162 

•HR 3494 EH

1 TITLE XXII—CENTRAL INTEL2 LIGENCE AGENCY RETIRE3 MENT AND DISABILITY SYS4 TEM 

5 SEC. 2201. AUTHORIZATION OF APPROPRIATIONS. 

6 There is authorized to be appropriated for the Cen7 tral Intelligence Agency Retirement and Disability Fund 

8 $514,000,000 for fiscal year 2019. 

9 SEC. 2202. COMPUTATION OF ANNUITIES FOR EMPLOYEES 

10 OF THE CENTRAL INTELLIGENCE AGENCY. 

11 (a) COMPUTATION OF ANNUITIES.— 

12 (1) IN GENERAL.—Section 221 of the Central 

13 Intelligence Agency Retirement Act (50 U.S.C. 

14 2031) is amended— 

15 (A) in subsection (a)(3)(B), by striking the 

16 period at the end and inserting ‘‘, as deter17 mined by using the annual rate of basic pay 

18 that would be payable for full-time service in 

19 that position.’’; 

20 (B) in subsection (b)(1)(C)(i), by striking 

21 ‘‘12-month’’ and inserting ‘‘2-year’’; 

22 (C) in subsection (f)(2), by striking ‘‘one 

23 year’’ and inserting ‘‘two years’’; 
163 

•HR 3494 EH

1 (D) in subsection (g)(2), by striking ‘‘one 

2 year’’ each place such term appears and insert3 ing ‘‘two years’’; 

4 (E) by redesignating subsections (h), (i), 

5 (j), (k), and (l) as subsections (i), (j), (k), (l), 

6 and (m), respectively; and 

7 (F) by inserting after subsection (g) the 

8 following: 

9 ‘‘(h) CONDITIONAL ELECTION OF INSURABLE INTER10 EST SURVIVOR ANNUITY BY PARTICIPANTS MARRIED AT

11 THE TIME OF RETIREMENT.— 

12 ‘‘(1) AUTHORITY TO MAKE DESIGNATION.— 

13 Subject to the rights of former spouses under sub14 section (b) and section 222, at the time of retire15 ment a married participant found by the Director to 

16 be in good health may elect to receive an annuity re17 duced in accordance with subsection (f)(1)(B) and 

18 designate in writing an individual having an insur19 able interest in the participant to receive an annuity 

20 under the system after the participant’s death, ex21 cept that any such election to provide an insurable 

22 interest survivor annuity to the participant’s spouse 

23 shall only be effective if the participant’s spouse 

24 waives the spousal right to a survivor annuity under 
164 

•HR 3494 EH

1 this Act. The amount of the annuity shall be equal 

2 to 55 percent of the participant’s reduced annuity. 

3 ‘‘(2) REDUCTION IN PARTICIPANT’S ANNUITY.— 

4 The annuity payable to the participant making such 

5 election shall be reduced by 10 percent of an annuity 

6 computed under subsection (a) and by an additional 

7 5 percent for each full 5 years the designated indi8 vidual is younger than the participant. The total re9 duction under this subparagraph may not exceed 40 

10 percent. 

11 ‘‘(3) COMMENCEMENT OF SURVIVOR ANNU12 ITY.—The annuity payable to the designated indi13 vidual shall begin on the day after the retired partic14 ipant dies and terminate on the last day of the 

15 month before the designated individual dies. 

16 ‘‘(4) RECOMPUTATION OF PARTICIPANT’S AN17 NUITY ON DEATH OF DESIGNATED INDIVIDUAL.—An 

18 annuity that is reduced under this subsection shall, 

19 effective the first day of the month following the 

20 death of the designated individual, be recomputed 

21 and paid as if the annuity had not been so re22 duced.’’. 

23 (2) CONFORMING AMENDMENTS.— 

24 (A) CENTRAL INTELLIGENCE AGENCY RE25 TIREMENT ACT.—The Central Intelligence 
165 

•HR 3494 EH

1 Agency Retirement Act (50 U.S.C. 2001 et 

2 seq.) is amended— 

3 (i) in section 232(b)(1) (50 U.S.C. 

4 2052(b)(1)), by striking ‘‘221(h),’’ and in5 serting ‘‘221(i),’’; and 

6 (ii) in section 252(h)(4) (50 U.S.C. 

7 2082(h)(4)), by striking ‘‘221(k)’’ and in8 serting ‘‘221(l)’’. 

9 (B) CENTRAL INTELLIGENCE AGENCY ACT

10 OF 1949.—Subsection (a) of section 14 of the 

11 Central Intelligence Agency Act of 1949 (50 

12 U.S.C. 3514(a)) is amended by striking 

13 ‘‘221(h)(2), 221(i), 221(l),’’ and inserting 

14 ‘‘221(i)(2), 221(j), 221(m),’’. 

15 (b) ANNUITIES FOR FORMER SPOUSES.—Subpara16 graph (B) of section 222(b)(5) of the Central Intelligence 

17 Agency Retirement Act (50 U.S.C. 2032(b)(5)(B)) is 

18 amended by striking ‘‘one year’’ and inserting ‘‘two 

19 years’’. 

20 (c) PRIOR SERVICE CREDIT.—Subparagraph (A) of 

21 section 252(b)(3) of the Central Intelligence Agency Re22 tirement Act (50 U.S.C. 2082(b)(3)(A)) is amended by 

23 striking ‘‘October 1, 1990’’ both places that term appears 

24 and inserting ‘‘March 31, 1991’’. 
166 

•HR 3494 EH

1 (d) REEMPLOYMENT COMPENSATION.—Section 273 

2 of the Central Intelligence Agency Retirement Act (50 

3 U.S.C. 2113) is amended— 

4 (1) by redesignating subsections (b) and (c) as 

5 subsections (c) and (d), respectively; and 

6 (2) by inserting after subsection (a) the fol7 lowing: 

8 ‘‘(b) PART-TIME REEMPLOYED ANNUITANTS.—The 

9 Director shall have the authority to reemploy an annuitant 

10 on a part-time basis in accordance with section 8344(l) 

11 of title 5, United States Code.’’. 

12 (e) EFFECTIVE DATE AND APPLICATION.—The 

13 amendments made by subsection (a)(1)(A) and subsection 

14 (c) shall take effect as if enacted on October 28, 2009, 

15 and shall apply to computations or participants, respec16 tively, as of such date. 

17 TITLE XXIII—GENERAL INTEL18 LIGENCE COMMUNITY MAT19 TERS 

20 SEC. 2301. RESTRICTION ON CONDUCT OF INTELLIGENCE 

21 ACTIVITIES. 

22 The authorization of appropriations by this division 

23 shall not be deemed to constitute authority for the conduct 

24 of any intelligence activity which is not otherwise author25 ized by the Constitution or the laws of the United States. 
167 

•HR 3494 EH

1 SEC. 2302. INCREASE IN EMPLOYEE COMPENSATION AND 

2 BENEFITS AUTHORIZED BY LAW. 

3 Appropriations authorized by this division for salary, 

4 pay, retirement, and other benefits for Federal employees 

5 may be increased by such additional or supplemental 

6 amounts as may be necessary for increases in such com7 pensation or benefits authorized by law. 

8 SEC. 2303. MODIFICATION OF SPECIAL PAY AUTHORITY 

9 FOR SCIENCE, TECHNOLOGY, ENGINEERING, 

10 OR MATHEMATICS POSITIONS AND ADDITION 

11 OF SPECIAL PAY AUTHORITY FOR CYBER PO12 SITIONS. 

13 Section 113B of the National Security Act of 1947 

14 (50 U.S.C. 3049a) is amended— 

15 (1) by amending subsection (a) to read as fol16 lows: 

17 ‘‘(a) SPECIAL RATES OF PAY FOR POSITIONS RE18 QUIRING EXPERTISE IN SCIENCE, TECHNOLOGY, ENGI19 NEERING, OR MATHEMATICS.— 

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

21 of title 5, United States Code, the head of each ele22 ment of the intelligence community may, for one or 

23 more categories of positions in such element that re24 quire expertise in science, technology, engineering, 

25 or mathematics— 
168 

•HR 3494 EH

1 ‘‘(A) establish higher minimum rates of 

2 pay; and 

3 ‘‘(B) make corresponding increases in all 

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

5 level, subject to subsection (b) or (c), as appli6 cable. 

7 ‘‘(2) TREATMENT.—The special rate supple8 ments resulting from the establishment of higher 

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

10 same or similar purposes as those specified in sec11 tion 5305(j) of title 5, United States Code.’’; 

12 (2) by redesignating subsections (b) through (f) 

13 as subsections (c) through (g), respectively; 

14 (3) by inserting after subsection (a) the fol15 lowing: 

16 ‘‘(b) SPECIAL RATES OF PAY FOR CYBER POSI17 TIONS.— 

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

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

20 may establish a special rate of pay— 

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

22 payable for level II of the Executive Schedule 

23 under section 5313 of title 5, United States 

24 Code, if the Director certifies to the Under Sec25 retary of Defense for Intelligence, in consulta-
169 

•HR 3494 EH

1 tion with the Under Secretary of Defense for 

2 Personnel and Readiness, that the rate of pay 

3 is for positions that perform functions that exe4 cute the cyber mission of the Agency; or 

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

6 payable for the Vice President of the United 

7 States under section 104 of title 3, United 

8 States Code, if the Director certifies to the Sec9 retary of Defense, by name, individuals that 

10 have advanced skills and competencies and that 

11 perform critical functions that execute the cyber 

12 mission of the Agency. 

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

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

15 an aggregate pay limitation that parallels the limita16 tion established in section 5307 of title 5, United 

17 States Code, except that— 

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

19 award, or other similar cash payment in addi20 tion to basic pay that is authorized under title 

21 10, United States Code, (or any other applica22 ble law in addition to title 5 of such Code, ex23 cluding the Fair Labor Standards Act of 1938 

24 (29 U.S.C. 201 et seq.)) shall also be counted 

25 as part of aggregate compensation; and 
170 

•HR 3494 EH

1 ‘‘(B) aggregate compensation may not ex2 ceed the rate established for the Vice President 

3 of the United States under section 104 of title 

4 3, United States Code. 

5 ‘‘(3) LIMITATION ON NUMBER OF RECIPI6 ENTS.—The number of individuals who receive basic 

7 pay established under paragraph (1)(B) may not ex8 ceed 100 at any time. 

9 ‘‘(4) LIMITATION ON USE AS COMPARATIVE

10 REFERENCE.—Notwithstanding any other provision 

11 of law, special rates of pay and the limitation estab12 lished under paragraph (1)(B) may not be used as 

13 comparative references for the purpose of fixing the 

14 rates of basic pay or maximum pay limitations of 

15 qualified positions under section 1599f of title 10, 

16 United States Code, or section 226 of the Homeland 

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

18 (4) in subsection (c), as redesignated by para19 graph (2), by striking ‘‘A minimum’’ and inserting 

20 ‘‘Except as provided in subsection (b), a minimum’’; 

21 (5) in subsection (d), as redesignated by para22 graph (2), by inserting ‘‘or (b)’’ after ‘‘by subsection 

23 (a)’’; and 

24 (6) in subsection (g), as redesignated by para25 graph (2)— 
171 

•HR 3494 EH

1 (A) in paragraph (1), by striking ‘‘Not 

2 later than 90 days after the date of the enact3 ment of the Intelligence Authorization Act for 

4 Fiscal Year 2017’’ and inserting ‘‘Not later 

5 than 90 days after the date of the enactment of 

6 the Damon Paul Nelson and Matthew Young 

7 Pollard Intelligence Authorization Act for Fis8 cal Years 2018 and 2019’’; and 

9 (B) in paragraph (2)(A), by inserting ‘‘or 

10 (b)’’ after ‘‘subsection (a)’’. 

11 SEC. 2304. MODIFICATION OF APPOINTMENT OF CHIEF IN12 FORMATION OFFICER OF THE INTELLIGENCE 

13 COMMUNITY. 

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

15 (50 U.S.C. 3032(a)) is amended by striking ‘‘President’’ 

16 and inserting ‘‘Director’’. 

17 SEC. 2305. DIRECTOR OF NATIONAL INTELLIGENCE RE18 VIEW OF PLACEMENT OF POSITIONS WITHIN 

19 THE INTELLIGENCE COMMUNITY ON THE EX20 ECUTIVE SCHEDULE. 

21 (a) REVIEW.—The Director of National Intelligence, 

22 in coordination with the Director of the Office of Per23 sonnel Management, shall conduct a review of positions 

24 within the intelligence community regarding the placement 

25 of such positions on the Executive Schedule under sub-
172 

•HR 3494 EH

1 chapter II of chapter 53 of title 5, United States Code. 

2 In carrying out such review, the Director of National In3 telligence, in coordination with the Director of the Office 

4 of Personnel Management, shall determine— 

5 (1) the standards under which such review will 

6 be conducted; 

7 (2) which positions should or should not be on 

8 the Executive Schedule; and 

9 (3) for those positions that should be on the 

10 Executive Schedule, the level of the Executive 

11 Schedule at which such positions should be placed. 

12 (b) REPORT.—Not later than 60 days after the date 

13 on which the review under subsection (a) is completed, the 

14 Director of National Intelligence shall submit to the con15 gressional intelligence committees, the Committee on 

16 Homeland Security and Governmental Affairs of the Sen17 ate, and the Committee on Oversight and Reform of the 

18 House of Representatives an unredacted report describing 

19 the standards by which the review was conducted and the 

20 outcome of the review. 

21 SEC. 2306. SUPPLY CHAIN AND COUNTERINTELLIGENCE 

22 RISK MANAGEMENT TASK FORCE. 

23 (a) APPROPRIATE CONGRESSIONAL COMMITTEES

24 DEFINED.—In this section, the term ‘‘appropriate con25 gressional committees’’ means the following: 
173 

•HR 3494 EH

1 (1) The congressional intelligence committees. 

2 (2) The Committee on Armed Services and the 

3 Committee on Homeland Security and Governmental 

4 Affairs of the Senate. 

5 (3) The Committee on Armed Services, the 

6 Committee on Homeland Security, and the Com7 mittee on Oversight and Reform of the House of 

8 Representatives. 

9 (b) REQUIREMENT TO ESTABLISH.—The Director of 

10 National Intelligence shall establish a Supply Chain and 

11 Counterintelligence Risk Management Task Force to 

12 standardize information sharing between the intelligence 

13 community and the acquisition community of the United 

14 States Government with respect to the supply chain and 

15 counterintelligence risks. 

16 (c) MEMBERS.—The Supply Chain and Counterintel17 ligence Risk Management Task Force established under 

18 subsection (b) shall be composed of— 

19 (1) a representative of the Defense Security 

20 Service of the Department of Defense; 

21 (2) a representative of the General Services Ad22 ministration; 

23 (3) a representative of the Office of Federal 

24 Procurement Policy of the Office of Management 

25 and Budget; 
174 

•HR 3494 EH

1 (4) a representative of the Department of 

2 Homeland Security; 

3 (5) a representative of the Federal Bureau of 

4 Investigation; 

5 (6) the Director of the National Counterintel6 ligence and Security Center; and 

7 (7) any other members the Director of National 

8 Intelligence determines appropriate. 

9 (d) SECURITY CLEARANCES.—Each member of the 

10 Supply Chain and Counterintelligence Risk Management 

11 Task Force established under subsection (b) shall have a 

12 security clearance at the top secret level and be able to 

13 access sensitive compartmented information. 

14 (e) ANNUAL REPORT.—The Supply Chain and Coun15 terintelligence Risk Management Task Force established 

16 under subsection (b) shall submit to the appropriate con17 gressional committees an annual report that describes the 

18 activities of the Task Force during the previous year, in19 cluding identification of the supply chain and counterintel20 ligence risks shared with the acquisition community of the 

21 United States Government by the intelligence community. 
175 

•HR 3494 EH

1 SEC. 2307. CONSIDERATION OF ADVERSARIAL TELE2 COMMUNICATIONS AND CYBERSECURITY IN3 FRASTRUCTURE WHEN SHARING INTEL4 LIGENCE WITH FOREIGN GOVERNMENTS AND 

5 ENTITIES. 

6 Whenever the head of an element of the intelligence 

7 community enters into an intelligence sharing agreement 

8 with a foreign government or any other foreign entity, the 

9 head of the element shall consider the pervasiveness of 

10 telecommunications and cybersecurity infrastructure, 

11 equipment, and services provided by adversaries of the 

12 United States, particularly China and Russia, or entities 

13 of such adversaries in the country or region of the foreign 

14 government or other foreign entity entering into the agree15 ment. 

16 SEC. 2308. CYBER PROTECTION SUPPORT FOR THE PER17 SONNEL OF THE INTELLIGENCE COMMUNITY 

18 IN POSITIONS HIGHLY VULNERABLE TO 

19 CYBER ATTACK. 

20 (a) DEFINITIONS.—In this section: 

21 (1) PERSONAL ACCOUNTS.—The term ‘‘personal 

22 accounts’’ means accounts for online and tele23 communications services, including telephone, resi24 dential Internet access, email, text and multimedia 

25 messaging, cloud computing, social media, health 

26 care, and financial services, used by personnel of the 
176 

•HR 3494 EH

1 intelligence community outside of the scope of their 

2 employment with elements of the intelligence com3 munity. 

4 (2) PERSONAL TECHNOLOGY DEVICES.—The 

5 term ‘‘personal technology devices’’ means tech6 nology devices used by personnel of the intelligence 

7 community outside of the scope of their employment 

8 with elements of the intelligence community, includ9 ing networks to which such devices connect. 

10 (b) AUTHORITY TO PROVIDE CYBER PROTECTION

11 SUPPORT.— 

12 (1) IN GENERAL.—Subject to a determination 

13 by the Director of National Intelligence, the Director 

14 may provide cyber protection support for the per15 sonal technology devices and personal accounts of 

16 the personnel described in paragraph (2). 

17 (2) AT-RISK PERSONNEL.—The personnel de18 scribed in this paragraph are personnel of the intel19 ligence community— 

20 (A) who the Director determines to be 

21 highly vulnerable to cyber attacks and hostile 

22 information collection activities because of the 

23 positions occupied by such personnel in the in24 telligence community; and 
177 

•HR 3494 EH

1 (B) whose personal technology devices or 

2 personal accounts are highly vulnerable to cyber 

3 attacks and hostile information collection activi4 ties. 

5 (c) NATURE OF CYBER PROTECTION SUPPORT.— 

6 Subject to the availability of resources, the cyber protec7 tion support provided to personnel under subsection (b) 

8 may include training, advice, assistance, and other services 

9 relating to cyber attacks and hostile information collection 

10 activities. 

11 (d) LIMITATION ON SUPPORT.—Nothing in this sec12 tion shall be construed— 

13 (1) to encourage personnel of the intelligence 

14 community to use personal technology devices for of15 ficial business; or 

16 (2) to authorize cyber protection support for 

17 senior intelligence community personnel using per18 sonal devices, networks, and personal accounts in an 

19 official capacity. 

20 (e) REPORT.—Not later than 180 days after the date 

21 of the enactment of this Act, the Director shall submit 

22 to the congressional intelligence committees a report on 

23 the provision of cyber protection support under subsection 

24 (b). The report shall include— 
178 

•HR 3494 EH

1 (1) a description of the methodology used to 

2 make the determination under subsection (b)(2); and 

3 (2) guidance for the use of cyber protection 

4 support and tracking of support requests for per5 sonnel receiving cyber protection support under sub6 section (b). 

7 SEC. 2309. ELIMINATION OF SUNSET OF AUTHORITY RELAT8 ING TO MANAGEMENT OF SUPPLY-CHAIN 

9 RISK. 

10 Section 309 of the Intelligence Authorization Act for 

11 Fiscal Year 2012 (Public Law 112–87; 50 U.S.C. 3329 

12 note) is amended by striking subsection (g). 

13 SEC. 2310. LIMITATIONS ON DETERMINATIONS REGARDING 

14 CERTAIN SECURITY CLASSIFICATIONS. 

15 (a) PROHIBITION.—An officer of an element of the 

16 intelligence community who has been nominated by the 

17 President for a position that requires the advice and con18 sent of the Senate may not make a classification decision 

19 with respect to information related to such officer’s nomi20 nation. 

21 (b) CLASSIFICATION DETERMINATIONS.— 

22 (1) IN GENERAL.—Except as provided in para23 graph (2), in a case in which an officer described in 

24 subsection (a) has been nominated as described in 

25 such subsection and classification authority rests 
179 

•HR 3494 EH

1 with the officer or another officer who reports di2 rectly to such officer, a classification decision with 

3 respect to information relating to the officer shall be 

4 made by the Director of National Intelligence. 

5 (2) NOMINATIONS OF DIRECTOR OF NATIONAL

6 INTELLIGENCE.—In a case described in paragraph 

7 (1) in which the officer nominated is the Director of 

8 National Intelligence, the classification decision shall 

9 be made by the Principal Deputy Director of Na10 tional Intelligence. 

11 (c) REPORTS.—Whenever the Director or the Prin12 cipal Deputy Director makes a decision under subsection 

13 (b), the Director or the Principal Deputy Director, as the 

14 case may be, shall submit to the congressional intelligence 

15 committees a report detailing the reasons for the decision. 

16 SEC. 2311. JOINT INTELLIGENCE COMMUNITY COUNCIL. 

17 (a) MEETINGS.—Section 101A(d) of the National Se18 curity Act of 1947 (50 U.S.C. 3022(d)) is amended— 

19 (1) by striking ‘‘regular’’; and 

20 (2) by inserting ‘‘as the Director considers ap21 propriate’’ after ‘‘Council’’. 

22 (b) REPORT ON FUNCTION AND UTILITY OF THE

23 JOINT INTELLIGENCE COMMUNITY COUNCIL.— 

24 (1) IN GENERAL.—No later than 180 days after 

25 the date of the enactment of this Act, the Director 
180 

•HR 3494 EH

1 of National Intelligence, in coordination with the Ex2 ecutive Office of the President and members of the 

3 Joint Intelligence Community Council, shall submit 

4 to the congressional intelligence committees a report 

5 on the function and utility of the Joint Intelligence 

6 Community Council. 

7 (2) CONTENTS.—The report required by para8 graph (1) shall include the following: 

9 (A) The number of physical or virtual 

10 meetings held by the Council per year since the 

11 Council’s inception. 

12 (B) A description of the effect and accom13 plishments of the Council. 

14 (C) An explanation of the unique role of 

15 the Council relative to other entities, including 

16 with respect to the National Security Council 

17 and the Executive Committee of the intelligence 

18 community. 

19 (D) Recommendations for the future role 

20 and operation of the Council. 

21 (E) Such other matters relating to the 

22 function and utility of the Council as the Direc23 tor considers appropriate. 
181 

•HR 3494 EH

1 (3) FORM.—The report submitted under para2 graph (1) shall be submitted in unclassified form, 

3 but may include a classified annex. 

4 SEC. 2312. INTELLIGENCE COMMUNITY INFORMATION 

5 TECHNOLOGY ENVIRONMENT. 

6 (a) DEFINITIONS.—In this section: 

7 (1) CORE SERVICE.—The term ‘‘core service’’ 

8 means a capability that is available to multiple ele9 ments of the intelligence community and required 

10 for consistent operation of the intelligence commu11 nity information technology environment. 

12 (2) INTELLIGENCE COMMUNITY INFORMATION

13 TECHNOLOGY ENVIRONMENT.—The term ‘‘intel14 ligence community information technology environ15 ment’’ means all of the information technology serv16 ices across the intelligence community, including the 

17 data sharing and protection environment across mul18 tiple classification domains. 

19 (b) ROLES AND RESPONSIBILITIES.— 

20 (1) DIRECTOR OF NATIONAL INTELLIGENCE.— 

21 The Director of National Intelligence shall be re22 sponsible for coordinating the performance by ele23 ments of the intelligence community of the intel24 ligence community information technology environ25 ment, including each of the following: 
182 

•HR 3494 EH

1 (A) Ensuring compliance with all applica2 ble environment rules and regulations of such 

3 environment. 

4 (B) Ensuring measurable performance 

5 goals exist for such environment. 

6 (C) Documenting standards and practices 

7 of such environment. 

8 (D) Acting as an arbiter among elements 

9 of the intelligence community related to any 

10 disagreements arising out of the implementa11 tion of such environment. 

12 (E) Delegating responsibilities to the ele13 ments of the intelligence community and car14 rying out such other responsibilities as are nec15 essary for the effective implementation of such 

16 environment. 

17 (2) CORE SERVICE PROVIDERS.—Providers of 

18 core services shall be responsible for— 

19 (A) providing core services, in coordination 

20 with the Director of National Intelligence; and 

21 (B) providing the Director with informa22 tion requested and required to fulfill the re23 sponsibilities of the Director under paragraph 

24 (1). 

25 (3) USE OF CORE SERVICES.— 
183 

•HR 3494 EH

1 (A) IN GENERAL.—Except as provided in 

2 subparagraph (B), each element of the intel3 ligence community shall use core services when 

4 such services are available. 

5 (B) EXCEPTION.—The Director of Na6 tional Intelligence may provide for a written ex7 ception to the requirement under subparagraph 

8 (A) if the Director determines there is a com9 pelling financial or mission need for such excep10 tion. 

11 (c) MANAGEMENT ACCOUNTABILITY.—Not later than 

12 90 days after the date of the enactment of this Act, the 

13 Director of National Intelligence shall designate and main14 tain one or more accountable executives of the intelligence 

15 community information technology environment to be re16 sponsible for— 

17 (1) management, financial control, and integra18 tion of such environment; 

19 (2) overseeing the performance of each core 

20 service, including establishing measurable service re21 quirements and schedules; 

22 (3) to the degree feasible, ensuring testing of 

23 each core service of such environment, including 

24 testing by the intended users, to evaluate perform-
184 

•HR 3494 EH

1 ance against measurable service requirements and to 

2 ensure the capability meets user requirements; and 

3 (4) coordinate transition or restructuring ef4 forts of such environment, including phaseout of leg5 acy systems. 

6 (d) SECURITY PLAN.—Not later than 180 days after 

7 the date of the enactment of this Act, the Director of Na8 tional Intelligence shall develop and maintain a security 

9 plan for the intelligence community information tech10 nology environment. 

11 (e) LONG-TERM ROADMAP.—Not later than 180 days 

12 after the date of the enactment of this Act, and during 

13 each of the second and fourth fiscal quarters thereafter, 

14 the Director of National Intelligence shall submit to the 

15 congressional intelligence committees a long-term road16 map that shall include each of the following: 

17 (1) A description of the minimum required and 

18 desired core service requirements, including— 

19 (A) key performance parameters; and 

20 (B) an assessment of current, measured 

21 performance. 

22 (2) implementation milestones for the intel23 ligence community information technology environ24 ment, including each of the following: 
185 

•HR 3494 EH

1 (A) A schedule for expected deliveries of 

2 core service capabilities during each of the fol3 lowing phases: 

4 (i) Concept refinement and technology 

5 maturity demonstration. 

6 (ii) Development, integration, and 

7 demonstration. 

8 (iii) Production, deployment, and 

9 sustainment. 

10 (iv) System retirement. 

11 (B) Dependencies of such core service ca12 pabilities. 

13 (C) Plans for the transition or restruc14 turing necessary to incorporate core service ca15 pabilities. 

16 (D) A description of any legacy systems 

17 and discontinued capabilities to be phased out. 

18 (3) Such other matters as the Director deter19 mines appropriate. 

20 (f) BUSINESS PLAN.—Not later than 180 days after 

21 the date of the enactment of this Act, and during each 

22 of the second and fourth fiscal quarters thereafter, the Di23 rector of National Intelligence shall submit to the congres24 sional intelligence committees a business plan that in25 cludes each of the following: 
186 

•HR 3494 EH

1 (1) A systematic approach to identify core serv2 ice funding requests for the intelligence community 

3 information technology environment within the pro4 posed budget, including multiyear plans to imple5 ment the long-term roadmap required by subsection 

6 (e). 

7 (2) A uniform approach by which each element 

8 of the intelligence community shall identify the cost 

9 of legacy information technology or alternative capa10 bilities where services of the intelligence community 

11 information technology environment will also be 

12 available. 

13 (3) A uniform effort by which each element of 

14 the intelligence community shall identify transition 

15 and restructuring costs for new, existing, and retir16 ing services of the intelligence community informa17 tion technology environment, as well as services of 

18 such environment that have changed designations as 

19 a core service. 

20 (g) QUARTERLY PRESENTATIONS.—Beginning not 

21 later than 180 days after the date of the enactment of 

22 this Act, the Director of National Intelligence shall provide 

23 to the congressional intelligence committees quarterly up24 dates regarding ongoing implementation of the intelligence 

25 community information technology environment as com-
187 

•HR 3494 EH

1 pared to the requirements in the most recently submitted 

2 security plan required by subsection (d), long-term road3 map required by subsection (e), and business plan re4 quired by subsection (f). 

5 (h) ADDITIONAL NOTIFICATIONS.—The Director of 

6 National Intelligence shall provide timely notification to 

7 the congressional intelligence committees regarding any 

8 policy changes related to or affecting the intelligence com9 munity information technology environment, new initia10 tives or strategies related to or impacting such environ11 ment, and changes or deficiencies in the execution of the 

12 security plan required by subsection (d), long-term road13 map required by subsection (e), and business plan re14 quired by subsection (f). 

15 (i) SUNSET.—The section shall have no effect on or 

16 after September 30, 2024. 

17 SEC. 2313. REPORT ON DEVELOPMENT OF SECURE MOBILE 

18 VOICE SOLUTION FOR INTELLIGENCE COM19 MUNITY. 

20 (a) IN GENERAL.—Not later than 180 days after the 

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

22 Intelligence, in coordination with the Director of the Cen23 tral Intelligence Agency and the Director of the National 

24 Security Agency, shall submit to the congressional intel25 ligence committees a classified report on the feasibility, 
188 

•HR 3494 EH

1 desirability, cost, and required schedule associated with 

2 the implementation of a secure mobile voice solution for 

3 the intelligence community. 

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

5 (a) shall include, at a minimum, the following: 

6 (1) The benefits and disadvantages of a secure 

7 mobile voice solution. 

8 (2) Whether the intelligence community could 

9 leverage commercially available technology for classi10 fied voice communications that operates on commer11 cial mobile networks in a secure manner and identi12 fying the accompanying security risks to such net13 works. 

14 (3) A description of any policies or community 

15 guidance that would be necessary to govern the po16 tential solution, such as a process for determining 

17 the appropriate use of a secure mobile telephone and 

18 any limitations associated with such use. 

19 SEC. 2314. POLICY ON MINIMUM INSIDER THREAT STAND20 ARDS. 

21 (a) POLICY REQUIRED.—Not later than 60 days after 

22 the date of the enactment of this Act, the Director of Na23 tional Intelligence shall establish a policy for minimum in24 sider threat standards that is consistent with the National 
189 

•HR 3494 EH

1 Insider Threat Policy and Minimum Standards for Execu2 tive Branch Insider Threat Programs. 

3 (b) IMPLEMENTATION.—Not later than 180 days 

4 after the date of the enactment of this Act, the head of 

5 each element of the intelligence community shall imple6 ment the policy established under subsection (a). 

7 SEC. 2315. SUBMISSION OF INTELLIGENCE COMMUNITY 

8 POLICIES. 

9 (a) DEFINITIONS.—In this section: 

10 (1) ELECTRONIC REPOSITORY.—The term 

11 ‘‘electronic repository’’ means the electronic distribu12 tion mechanism, in use as of the date of the enact13 ment of this Act, or any successor electronic dis14 tribution mechanism, by which the Director of Na15 tional Intelligence submits to the congressional intel16 ligence committees information. 

17 (2) POLICY.—The term ‘‘policy’’, with respect 

18 to the intelligence community, includes unclassified 

19 or classified— 

20 (A) directives, policy guidance, and policy 

21 memoranda of the intelligence community; 

22 (B) executive correspondence of the Direc23 tor of National Intelligence; and 

24 (C) any equivalent successor policy instru25 ments. 
190 

•HR 3494 EH

1 (b) SUBMISSION OF POLICIES.— 

2 (1) CURRENT POLICY.—Not later than 180 

3 days after the date of the enactment of this Act, the 

4 Director of National Intelligence shall submit to the 

5 congressional intelligence committees using the elec6 tronic repository all nonpublicly available policies 

7 issued by the Director of National Intelligence for 

8 the intelligence community that are in effect as of 

9 the date of the submission. 

10 (2) CONTINUOUS UPDATES.—Not later than 15 

11 days after the date on which the Director of Na12 tional Intelligence issues, modifies, or rescinds a pol13 icy of the intelligence community, the Director 

14 shall— 

15 (A) notify the congressional intelligence 

16 committees of such addition, modification, or 

17 removal; and 

18 (B) update the electronic repository with 

19 respect to such addition, modification, or re20 moval. 

21 SEC. 2316. EXPANSION OF INTELLIGENCE COMMUNITY RE22 CRUITMENT EFFORTS. 

23 In order to further increase the diversity of the intel24 ligence community workforce, not later than 90 days after 

25 the date of the enactment of this Act, the Director of Na-
191 

•HR 3494 EH

1 tional Intelligence, in consultation with heads of elements 

2 of the Intelligence Community, shall create, implement, 

3 and submit to the congressional intelligence committees a 

4 written plan to ensure that rural and underrepresented re5 gions are more fully and consistently represented in such 

6 elements’ employment recruitment efforts. Upon receipt of 

7 the plan, the congressional committees shall have 60 days 

8 to submit comments to the Director of National Intel9 ligence before such plan shall be implemented. 

10 TITLE XXIV—MATTERS RELAT11 ING TO ELEMENTS OF THE IN12 TELLIGENCE COMMUNITY 

13 Subtitle A—Office of the Director 

14 of National Intelligence 

15 SEC. 2401. AUTHORITY FOR PROTECTION OF CURRENT AND 

16 FORMER EMPLOYEES OF THE OFFICE OF THE 

17 DIRECTOR OF NATIONAL INTELLIGENCE. 

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

19 Act of 1949 (50 U.S.C. 3506(a)(4)) is amended by strik20 ing ‘‘such personnel of the Office of the Director of Na21 tional Intelligence as the Director of National Intelligence 

22 may designate;’’ and inserting ‘‘current and former per23 sonnel of the Office of the Director of National Intel24 ligence and their immediate families as the Director of Na25 tional Intelligence may designate;’’. 
192 

•HR 3494 EH

1 SEC. 2402. DESIGNATION OF THE PROGRAM MANAGER-IN2 FORMATION SHARING ENVIRONMENT. 

3 (a) INFORMATION SHARING ENVIRONMENT.—Sec4 tion 1016(b) of the Intelligence Reform and Terrorism 

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

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

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

8 and 

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

10 both places that term appears and inserting ‘‘Direc11 tor of National Intelligence’’. 

12 (b) PROGRAM MANAGER.—Section 1016(f)(1) of the 

13 Intelligence Reform and Terrorism Prevention Act of 

14 2004 (6 U.S.C. 485(f)(1)) is amended by striking ‘‘The 

15 individual designated as the program manager shall serve 

16 as program manager until removed from service or re17 placed by the President (at the President’s sole discre18 tion).’’ and inserting ‘‘Beginning on the date of the enact19 ment of the Damon Paul Nelson and Matthew Young Pol20 lard Intelligence Authorization Act for Fiscal Years 2018, 

21 2019 and 2020, each individual designated as the program 

22 manager shall be appointed by the Director of National 

23 Intelligence.’’. 
193 

•HR 3494 EH

1 SEC. 2403. TECHNICAL MODIFICATION TO THE EXECUTIVE 

2 SCHEDULE. 

3 Section 5315 of title 5, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘Director of the National Counterintelligence and Se6 curity Center.’’. 

7 SEC. 2404. CHIEF FINANCIAL OFFICER OF THE INTEL8 LIGENCE COMMUNITY. 

9 Section 103I(a) of the National Security Act of 1947 

10 (50 U.S.C. 3034(a)) is amended by adding at the end the 

11 following new sentence: ‘‘The Chief Financial Officer shall 

12 report directly to the Director of National Intelligence.’’. 

13 SEC. 2405. CHIEF INFORMATION OFFICER OF THE INTEL14 LIGENCE COMMUNITY. 

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

16 (50 U.S.C. 3032(a)) is amended by adding at the end the 

17 following new sentence: ‘‘The Chief Information Officer 

18 shall report directly to the Director of National Intel19 ligence.’’. 

20 Subtitle B—Central Intelligence 

21 Agency 

22 SEC. 2411. CENTRAL INTELLIGENCE AGENCY SUBSISTENCE 

23 FOR PERSONNEL ASSIGNED TO AUSTERE LO24 CATIONS. 

25 Subsection (a) of section 5 of the Central Intelligence 

26 Agency Act of 1949 (50 U.S.C. 3506) is amended— 
194 

•HR 3494 EH

1 (1) in paragraph (1), by striking ‘‘(50 U.S.C. 

2 403–4a).,’’ and inserting ‘‘(50 U.S.C. 403–4a),’’; 

3 (2) in paragraph (6), by striking ‘‘and’’ at the 

4 end; 

5 (3) in paragraph (7), by striking the period at 

6 the end and inserting ‘‘; and’’; and 

7 (4) by adding at the end the following new 

8 paragraph: 

9 ‘‘(8) Upon the approval of the Director, pro10 vide, during any fiscal year, with or without reim11 bursement, subsistence to any personnel assigned to 

12 an overseas location designated by the Agency as an 

13 austere location.’’. 

14 SEC. 2412. SPECIAL RULES FOR CERTAIN MONTHLY WORK15 ERS’ COMPENSATION PAYMENTS AND OTHER 

16 PAYMENTS FOR CENTRAL INTELLIGENCE 

17 AGENCY PERSONNEL. 

18 (a) IN GENERAL.—The Central Intelligence Agency 

19 Act of 1949 (50 U.S.C. 3501 et seq.) is amended by in20 serting after section 19 the following new section: 

21 ‘‘SEC. 19A. SPECIAL RULES FOR CERTAIN INDIVIDUALS IN22 JURED BY REASON OF WAR, INSURGENCY, 

23 HOSTILE ACT, OR TERRORIST ACTIVITIES. 

24 ‘‘(a) DEFINITIONS.—In this section: 
195 

•HR 3494 EH

1 ‘‘(1) COVERED DEPENDENT.—The term ‘cov2 ered dependent’ means a family member (as defined 

3 by the Director) of a covered employee who, on or 

4 after September 11, 2001— 

5 ‘‘(A) accompanies the covered employee to 

6 an assigned duty station in a foreign country; 

7 and 

8 ‘‘(B) becomes injured by reason of a quali9 fying injury. 

10 ‘‘(2) COVERED EMPLOYEE.—The term ‘covered 

11 employee’ means an officer or employee of the Cen12 tral Intelligence Agency who, on or after September 

13 11, 2001, becomes injured by reason of a qualifying 

14 injury. 

15 ‘‘(3) COVERED INDIVIDUAL.—The term ‘cov16 ered individual’ means an individual who— 

17 ‘‘(A)(i) is detailed to the Central Intel18 ligence Agency from other agencies of the 

19 United States Government or from the Armed 

20 Forces; or 

21 ‘‘(ii) is affiliated with the Central Intel22 ligence Agency, as determined by the Director; 

23 and 
196 

•HR 3494 EH

1 ‘‘(B) who, on or after September 11, 2001, 

2 becomes injured by reason of a qualifying in3 jury. 

4 ‘‘(4) QUALIFYING INJURY.—The term ‘quali5 fying injury’ means the following: 

6 ‘‘(A) With respect to a covered dependent, 

7 an injury incurred— 

8 ‘‘(i) during a period in which the cov9 ered dependent is accompanying the cov10 ered employee to an assigned duty station 

11 in a foreign country; 

12 ‘‘(ii) in connection with war, insur13 gency, hostile act, terrorist activity, or 

14 other incident designated by the Director; 

15 and 

16 ‘‘(iii) that was not the result of the 

17 willful misconduct of the covered depend18 ent. 

19 ‘‘(B) With respect to a covered employee 

20 or a covered individual, an injury incurred— 

21 ‘‘(i) during a period of assignment to 

22 a duty station in a foreign country; 

23 ‘‘(ii) in connection with a war, insur24 gency, hostile act, terrorist activity, or 
197 

•HR 3494 EH

1 other incident designated by the Director; 

2 and 

3 ‘‘(iii) that was not the result of the 

4 willful misconduct of the covered employee 

5 or the covered individual. 

6 ‘‘(b) ADJUSTMENT OF COMPENSATION FOR CERTAIN

7 INJURIES.— 

8 ‘‘(1) INCREASE.—The Director may increase 

9 the amount of monthly compensation paid to a cov10 ered employee under section 8105 of title 5, United 

11 States Code. Subject to paragraph (2), the Director 

12 may determine the amount of each such increase by 

13 taking into account— 

14 ‘‘(A) the severity of the qualifying injury; 

15 ‘‘(B) the circumstances by which the cov16 ered employee became injured; and 

17 ‘‘(C) the seniority of the covered employee. 

18 ‘‘(2) MAXIMUM.—Notwithstanding chapter 81 

19 of title 5, United States Code, the total amount of 

20 monthly compensation increased under paragraph 

21 (1) may not exceed the monthly pay of the max22 imum rate of basic pay for GS–15 of the General 

23 Schedule under section 5332 of such title. 

24 ‘‘(c) COSTS FOR TREATING QUALIFYING INJURIES.— 

25 The Director may pay the costs of treating a qualifying 
198 

•HR 3494 EH

1 injury of a covered employee, a covered individual, or a 

2 covered dependent, or may reimburse a covered employee, 

3 a covered individual, or a covered dependent for such 

4 costs, that are not otherwise covered by chapter 81 of title 

5 5, United States Code, or other provision of Federal law. 

6 ‘‘(d) TREATMENT OF AMOUNTS.—For purposes of 

7 section 104 of the Internal Revenue Code of 1986, 

8 amounts paid pursuant to this section shall be treated as 

9 amounts paid under chapter 81 of title 5, United States 

10 Code.’’. 

11 (b) REGULATIONS.—Not later than 120 days after 

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

13 Central Intelligence Agency shall— 

14 (1) prescribe regulations ensuring the fair and 

15 equitable implementation of section 19A of the Cen16 tral Intelligence Agency Act of 1949, as added by 

17 subsection (a); and 

18 (2) submit to the congressional intelligence 

19 committees such regulations. 

20 (c) APPLICATION.—Section 19A of the Central Intel21 ligence Agency Act of 1949, as added by subsection (a), 

22 shall apply with respect to— 

23 (1) payments made to covered employees (as 

24 defined in such section) under section 8105 of title 
199 

•HR 3494 EH

1 5, United States Code, beginning on or after the 

2 date of the enactment of this Act; and 

3 (2) treatment described in subsection (b) of 

4 such section 19A occurring on or after the date of 

5 the enactment of this Act. 

6 SEC. 2413. EXPANSION OF SECURITY PROTECTIVE SERVICE 

7 JURISDICTION OF THE CENTRAL INTEL8 LIGENCE AGENCY. 

9 Subsection (a)(1) of section 15 of the Central Intel10 ligence Agency Act of 1949 (50 U.S.C. 3515(a)) is amend11 ed— 

12 (1) in subparagraph (B), by striking ‘‘500 

13 feet;’’ and inserting ‘‘500 yards;’’; and 

14 (2) in subparagraph (D), by striking ‘‘500 

15 feet.’’ and inserting ‘‘500 yards.’’. 

16 SEC. 2414. REPEAL OF FOREIGN LANGUAGE PROFICIENCY 

17 REQUIREMENT FOR CERTAIN SENIOR LEVEL 

18 POSITIONS IN THE CENTRAL INTELLIGENCE 

19 AGENCY. 

20 (a) REPEAL OF FOREIGN LANGUAGE PROFICIENCY

21 REQUIREMENT.—Section 104A of the National Security 

22 Act of 1947 (50 U.S.C. 3036) is amended by striking sub23 section (g). 

24 (b) CONFORMING REPEAL OF REPORT REQUIRE25 MENT.—Section 611 of the Intelligence Authorization Act 
200 

•HR 3494 EH

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

2 by striking subsection (c). 

3 Subtitle C—Office of Intelligence 

4 and Counterintelligence of De5 partment of Energy 

6 SEC. 2421. CONSOLIDATION OF DEPARTMENT OF ENERGY 

7 OFFICES OF INTELLIGENCE AND COUNTER8 INTELLIGENCE. 

9 (a) IN GENERAL.—Section 215 of the Department of 

10 Energy Organization Act (42 U.S.C. 7144b) is amended 

11 to read as follows: 

12 ‘‘OFFICE OF INTELLIGENCE AND COUNTERINTELLIGENCE

13 ‘‘SEC. 215. (a) DEFINITIONS.—In this section, the 

14 terms ‘intelligence community’ and ‘National Intelligence 

15 Program’ have the meanings given such terms in section 

16 3 of the National Security Act of 1947 (50 U.S.C. 3003). 

17 ‘‘(b) IN GENERAL.—There is in the Department an 

18 Office of Intelligence and Counterintelligence. Such office 

19 shall be under the National Intelligence Program. 

20 ‘‘(c) DIRECTOR.—(1) The head of the Office shall be 

21 the Director of the Office of Intelligence and Counterintel22 ligence, who shall be an employee in the Senior Executive 

23 Service, the Senior Intelligence Service, the Senior Na24 tional Intelligence Service, or any other Service that the 

25 Secretary, in coordination with the Director of National 
201 

•HR 3494 EH

1 Intelligence, considers appropriate. The Director of the 

2 Office shall report directly to the Secretary. 

3 ‘‘(2) The Secretary shall select an individual to serve 

4 as the Director from among individuals who have substan5 tial expertise in matters relating to the intelligence com6 munity, including foreign intelligence and counterintel7 ligence. 

8 ‘‘(d) DUTIES.—(1) Subject to the authority, direc9 tion, and control of the Secretary, the Director shall per10 form such duties and exercise such powers as the Sec11 retary may prescribe. 

12 ‘‘(2) The Director shall be responsible for estab13 lishing policy for intelligence and counterintelligence pro14 grams and activities at the Department.’’. 

15 (b) CONFORMING REPEAL.—Section 216 of the De16 partment of Energy Organization Act (42 U.S.C. 7144c) 

17 is hereby repealed. 

18 (c) CLERICAL AMENDMENT.—The table of contents 

19 at the beginning of the Department of Energy Organiza20 tion Act is amended by striking the items relating to sec21 tions 215 and 216 and inserting the following new item: 

‘‘Sec. 215. Office of Intelligence and Counterintelligence.’’. 
202 

•HR 3494 EH

1 SEC. 2422. ESTABLISHMENT OF ENERGY INFRASTRUCTURE 

2 SECURITY CENTER. 

3 Section 215 of the Department of Energy Organiza4 tion Act (42 U.S.C. 7144b), as amended by section 2421, 

5 is further amended by adding at the end the following: 

6 ‘‘(e) ENERGY INFRASTRUCTURE SECURITY CEN7 TER.—(1)(A) The President shall establish an Energy In8 frastructure Security Center, taking into account all ap9 propriate government tools to analyze and disseminate in10 telligence relating to the security of the energy infrastruc11 ture of the United States. 

12 ‘‘(B) The Director of Intelligence and Counterintel13 ligence shall appoint the head of the Energy Infrastruc14 ture Security Center. 

15 ‘‘(C) The Energy Infrastructure Security Center shall 

16 be located within the Office of Intelligence and Counter17 intelligence. 

18 ‘‘(2) In establishing the Energy Infrastructure Secu19 rity Center, the Director of the Office of Intelligence and 

20 Counterintelligence shall address the following missions 

21 and objectives to coordinate and disseminate intelligence 

22 relating to the security of the energy infrastructure of the 

23 United States: 

24 ‘‘(A) Establishing a primary organization with25 in the United States Government for analyzing and 

26 integrating all intelligence possessed or acquired by 
203 

•HR 3494 EH

1 the United States pertaining to the security of the 

2 energy infrastructure of the United States. 

3 ‘‘(B) Ensuring that appropriate departments 

4 and agencies have full access to and receive intel5 ligence support needed to execute the plans or activi6 ties of the agencies, and perform independent, alter7 native analyses. 

8 ‘‘(C) Establishing a central repository on known 

9 and suspected foreign threats to the energy infra10 structure of the United States, including with re11 spect to any individuals, groups, or entities engaged 

12 in activities targeting such infrastructure, and the 

13 goals, strategies, capabilities, and networks of such 

14 individuals, groups, or entities. 

15 ‘‘(D) Disseminating intelligence information re16 lating to the security of the energy infrastructure of 

17 the United States, including threats and analyses, to 

18 the President, to the appropriate departments and 

19 agencies, and to the appropriate committees of Con20 gress. 

21 ‘‘(3) The President may waive the requirements of 

22 this subsection, and any parts thereof, if the President de23 termines that such requirements do not materially improve 

24 the ability of the United States Government to prevent 

25 and halt attacks against the energy infrastructure of the 
204 

•HR 3494 EH

1 United States. Such waiver shall be made in writing to 

2 Congress and shall include a description of how the mis3 sions and objectives in paragraph (2) are being met. 

4 ‘‘(4) If the President decides not to exercise the waiv5 er authority granted by paragraph (3), the President shall 

6 submit to Congress from time to time updates and plans 

7 regarding the establishment of an Energy Infrastructure 

8 Security Center.’’. 

9 SEC. 2423. REPEAL OF DEPARTMENT OF ENERGY INTEL10 LIGENCE EXECUTIVE COMMITTEE AND BUDG11 ET REPORTING REQUIREMENT. 

12 Section 214 of the Department of Energy Organiza13 tion Act (42 U.S.C. 7144a) is amended— 

14 (1) by striking ‘‘(a)’’; and 

15 (2) by striking subsections (b) and (c). 

16 Subtitle D—Other Elements 

17 SEC. 2431. PLAN FOR DESIGNATION OF COUNTERINTEL18 LIGENCE COMPONENT OF DEFENSE SECU19 RITY SERVICE AS AN ELEMENT OF INTEL20 LIGENCE COMMUNITY. 

21 Not later than 90 days after the date of the enact22 ment of this Act, the Director of National Intelligence and 

23 Under Secretary of Defense for Intelligence, in coordina24 tion with the Director of the National Counterintelligence 

25 and Security Center, shall submit to the congressional in-
205 

•HR 3494 EH

1 telligence committees, the Committee on Armed Services 

2 of the Senate, and the Committee on Armed Services of 

3 the House of Representatives a plan to designate the coun4 terintelligence component of the Defense Security Service 

5 of the Department of Defense as an element of the intel6 ligence community by not later than January 1, 2021. 

7 Such plan shall— 

8 (1) address the implications of such designation 

9 on the authorities, governance, personnel, resources, 

10 information technology, collection, analytic products, 

11 information sharing, and business processes of the 

12 Defense Security Service and the intelligence com13 munity; and 

14 (2) not address the personnel security functions 

15 of the Defense Security Service. 

16 SEC. 2432. NOTICE NOT REQUIRED FOR PRIVATE ENTITIES. 

17 Section 3553 of title 44, United States Code, is 

18 amended— 

19 (1) by redesignating subsection (j) as sub20 section (k); and 

21 (2) by inserting after subsection (i) the fol22 lowing: 

23 ‘‘(j) RULE OF CONSTRUCTION.—Nothing in this sec24 tion shall be construed to require the Secretary to provide 
206 

•HR 3494 EH

1 notice to any private entity before the Secretary issues a 

2 binding operational directive under subsection (b)(2).’’. 

3 SEC. 2433. ESTABLISHMENT OF ADVISORY BOARD FOR NA4 TIONAL RECONNAISSANCE OFFICE. 

5 (a) ESTABLISHMENT.—Section 106A of the National 

6 Security Act of 1947 (50 U.S.C. 3041a) is amended by 

7 adding at the end the following new subsection: 

8 ‘‘(d) ADVISORY BOARD.— 

9 ‘‘(1) ESTABLISHMENT.—There is established in 

10 the National Reconnaissance Office an advisory 

11 board (in this section referred to as the ‘Board’). 

12 ‘‘(2) DUTIES.—The Board shall— 

13 ‘‘(A) study matters relating to the mission 

14 of the National Reconnaissance Office, includ15 ing with respect to promoting innovation, com16 petition, and resilience in space, overhead re17 connaissance, acquisition, and other matters; 

18 and 

19 ‘‘(B) advise and report directly to the Di20 rector with respect to such matters. 

21 ‘‘(3) MEMBERS.— 

22 ‘‘(A) NUMBER AND APPOINTMENT.— 

23 ‘‘(i) IN GENERAL.—The Board shall 

24 be composed of five members appointed by 

25 the Director from among individuals with 
207 

•HR 3494 EH

1 demonstrated academic, government, busi2 ness, or other expertise relevant to the mis3 sion and functions of the National Recon4 naissance Office. 

5 ‘‘(ii) NOTIFICATION.—Not later than 

6 30 days after the date on which the Direc7 tor appoints a member to the Board, the 

8 Director shall notify the congressional in9 telligence committees and the congressional 

10 defense committees (as defined in section 

11 101(a) of title 10, United States Code) of 

12 such appointment. 

13 ‘‘(B) TERMS.—Each member shall be ap14 pointed for a term of 2 years. Except as pro15 vided by subparagraph (C), a member may not 

16 serve more than three terms. 

17 ‘‘(C) VACANCY.—Any member appointed to 

18 fill a vacancy occurring before the expiration of 

19 the term for which the member’s predecessor 

20 was appointed shall be appointed only for the 

21 remainder of that term. A member may serve 

22 after the expiration of that member’s term until 

23 a successor has taken office. 
208 

•HR 3494 EH

1 ‘‘(D) CHAIR.—The Board shall have a 

2 Chair, who shall be appointed by the Director 

3 from among the members. 

4 ‘‘(E) TRAVEL EXPENSES.—Each member 

5 shall receive travel expenses, including per diem 

6 in lieu of subsistence, in accordance with appli7 cable provisions under subchapter I of chapter 

8 57 of title 5, United States Code. 

9 ‘‘(F) EXECUTIVE SECRETARY.—The Direc10 tor may appoint an executive secretary, who 

11 shall be an employee of the National Reconnais12 sance Office, to support the Board. 

13 ‘‘(4) MEETINGS.—The Board shall meet not 

14 less than quarterly, but may meet more frequently 

15 at the call of the Director. 

16 ‘‘(5) REPORTS.—Not later than March 31 of 

17 each year, the Board shall submit to the Director 

18 and to the congressional intelligence committees a 

19 report on the activities and significant findings of 

20 the Board during the preceding year. 

21 ‘‘(6) NONAPPLICABILITY OF CERTAIN REQUIRE22 MENTS.—The Federal Advisory Committee Act (5 

23 U.S.C. App.) shall not apply to the Board. 
209 

•HR 3494 EH

1 ‘‘(7) TERMINATION.—The Board shall termi2 nate on the date that is 3 years after the date of the 

3 first meeting of the Board.’’. 

4 (b) INITIAL APPOINTMENTS.—Not later than 180 

5 days after the date of the enactment of this Act, the Direc6 tor of the National Reconnaissance Office shall appoint 

7 the initial five members to the advisory board under sub8 section (d) of section 106A of the National Security Act 

9 of 1947 (50 U.S.C. 3041a), as added by subsection (a). 

10 SEC. 2434. COLLOCATION OF CERTAIN DEPARTMENT OF 

11 HOMELAND SECURITY PERSONNEL AT FIELD 

12 LOCATIONS. 

13 (a) IDENTIFICATION OF OPPORTUNITIES FOR COL14 LOCATION.—Not later than 60 days after the date of the 

15 enactment of this Act, the Under Secretary of Homeland 

16 Security for Intelligence and Analysis shall identify, in 

17 consultation with the Commissioner of U.S. Customs and 

18 Border Protection, the Administrator of the Transpor19 tation Security Administration, the Director of U.S. Immi20 gration and Customs Enforcement, and the heads of such 

21 other elements of the Department of Homeland Security 

22 as the Under Secretary considers appropriate, opportuni23 ties for collocation of officers of the Office of Intelligence 

24 and Analysis in the field outside of the greater Wash25 ington, District of Columbia, area in order to support 
210 

•HR 3494 EH

1 operational units from U.S. Customs and Border Protec2 tion, the Transportation Security Administration, U.S. 

3 Immigration and Customs Enforcement, and other ele4 ments of the Department of Homeland Security. 

5 (b) PLAN FOR COLLOCATION.—Not later than 120 

6 days after the date of the enactment of this Act, the Under 

7 Secretary shall submit to the congressional intelligence 

8 committees a report that includes a plan for collocation 

9 as described in subsection (a). 

10 TITLE XXV—ELECTION MATTERS 

11 SEC. 2501. REPORT ON CYBER ATTACKS BY FOREIGN GOV12 ERNMENTS AGAINST UNITED STATES ELEC13 TION INFRASTRUCTURE. 

14 (a) DEFINITIONS.—In this section: 

15 (1) APPROPRIATE CONGRESSIONAL COMMIT16 TEES.—The term ‘‘appropriate congressional com17 mittees’’ means— 

18 (A) the congressional intelligence commit19 tees; 

20 (B) the Committee on Homeland Security 

21 and Governmental Affairs of the Senate; 

22 (C) the Committee on Homeland Security 

23 of the House of Representatives; 

24 (D) the Committee on Foreign Relations of 

25 the Senate; and 
211 

•HR 3494 EH

1 (E) the Committee on Foreign Affairs of 

2 the House of Representatives. 

3 (2) CONGRESSIONAL LEADERSHIP.—The term 

4 ‘‘congressional leadership’’ includes the following: 

5 (A) The majority leader of the Senate. 

6 (B) The minority leader of the Senate. 

7 (C) The Speaker of the House of Rep8 resentatives. 

9 (D) The minority leader of the House of 

10 Representatives. 

11 (3) STATE.—The term ‘‘State’’ means any 

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

13 the Commonwealth of Puerto Rico, and any territory 

14 or possession of the United States. 

15 (b) REPORT REQUIRED.—Not later than 60 days 

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

17 Secretary of Homeland Security for Intelligence and Anal18 ysis shall submit to congressional leadership and the ap19 propriate congressional committees a report on cyber at20 tacks and attempted cyber attacks by foreign governments 

21 on United States election infrastructure in States and lo22 calities in connection with the 2016 Presidential election 

23 in the United States and such cyber attacks or attempted 

24 cyber attacks as the Under Secretary anticipates against 

25 such infrastructure. Such report shall identify the States 
212 

•HR 3494 EH

1 and localities affected and shall include cyber attacks and 

2 attempted cyber attacks against voter registration data3 bases, voting machines, voting-related computer networks, 

4 and the networks of Secretaries of State and other election 

5 officials of the various States. 

6 (c) FORM.—The report submitted under subsection 

7 (b) shall be submitted in unclassified form, but may in8 clude a classified annex. 

9 SEC. 2502. REVIEW OF INTELLIGENCE COMMUNITY’S POS10 TURE TO COLLECT AGAINST AND ANALYZE 

11 RUSSIAN EFFORTS TO INFLUENCE THE PRES12 IDENTIAL ELECTION. 

13 (a) REVIEW REQUIRED.—Not later than 1 year after 

14 the date of the enactment of this Act, the Director of Na15 tional Intelligence shall— 

16 (1) complete an after action review of the pos17 ture of the intelligence community to collect against 

18 and analyze efforts of the Government of Russia to 

19 interfere in the 2016 Presidential election in the 

20 United States; and 

21 (2) submit to the congressional intelligence 

22 committees a report on the findings of the Director 

23 with respect to such review. 

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

25 (a) shall include, with respect to the posture and efforts 
213 

•HR 3494 EH

1 described in paragraph (1) of such subsection, the fol2 lowing: 

3 (1) An assessment of whether the resources of 

4 the intelligence community were properly aligned to 

5 detect and respond to the efforts described in sub6 section (a)(1). 

7 (2) An assessment of the information sharing 

8 that occurred within elements of the intelligence 

9 community. 

10 (3) An assessment of the information sharing 

11 that occurred between elements of the intelligence 

12 community. 

13 (4) An assessment of applicable authorities nec14 essary to collect on any such efforts and any defi15 ciencies in those authorities. 

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

17 to inform analysis and warning of such efforts. 

18 (6) A review of the use of alternative and pre19 dictive analysis. 

20 (c) FORM OF REPORT.—The report required by sub21 section (a)(2) shall be submitted to the congressional intel22 ligence committees in a classified form. 

23 SEC. 2503. ASSESSMENT OF FOREIGN INTELLIGENCE 

24 THREATS TO FEDERAL ELECTIONS. 

25 (a) DEFINITIONS.—In this section: 
214 

•HR 3494 EH

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

4 (A) the congressional intelligence commit5 tees; 

6 (B) the Committee on Homeland Security 

7 and Governmental Affairs of the Senate; and 

8 (C) the Committee on Homeland Security 

9 of the House of Representatives. 

10 (2) CONGRESSIONAL LEADERSHIP.—The term 

11 ‘‘congressional leadership’’ includes the following: 

12 (A) The majority leader of the Senate. 

13 (B) The minority leader of the Senate. 

14 (C) The Speaker of the House of Rep15 resentatives. 

16 (D) The minority leader of the House of 

17 Representatives. 

18 (3) SECURITY VULNERABILITY.—The term ‘‘se19 curity vulnerability’’ has the meaning given such 

20 term in section 102 of the Cybersecurity Information 

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

22 (b) IN GENERAL.—The Director of National Intel23 ligence, in coordination with the Director of the Central 

24 Intelligence Agency, the Director of the National Security 

25 Agency, the Director of the Federal Bureau of Investiga-
215 

•HR 3494 EH

1 tion, the Secretary of Homeland Security, and the heads 

2 of other relevant elements of the intelligence community, 

3 shall— 

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

5 regularly scheduled Federal election occurring after 

6 December 31, 2018, and complete not later than 

7 180 days before such election, an assessment of se8 curity vulnerabilities of State election systems; and 

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

10 scheduled Federal election occurring after December 

11 31, 2018, submit a report on such security 

12 vulnerabilities and an assessment of foreign intel13 ligence threats to the election to— 

14 (A) congressional leadership; and 

15 (B) the appropriate congressional commit16 tees. 

17 (c) UPDATE.—Not later than 90 days before any reg18 ularly scheduled Federal election occurring after Decem19 ber 31, 2018, the Director of National Intelligence shall— 

20 (1) update the assessment of foreign intel21 ligence threats to that election; and 

22 (2) submit the updated assessment to— 

23 (A) congressional leadership; and 

24 (B) the appropriate congressional commit25 tees. 
216 

•HR 3494 EH

1 SEC. 2504. STRATEGY FOR COUNTERING RUSSIAN CYBER 

2 THREATS TO UNITED STATES ELECTIONS. 

3 (a) APPROPRIATE CONGRESSIONAL COMMITTEES

4 DEFINED.—In this section, the term ‘‘appropriate con5 gressional committees’’ means the following: 

6 (1) The congressional intelligence committees. 

7 (2) The Committee on Armed Services and the 

8 Committee on Homeland Security and Governmental 

9 Affairs of the Senate. 

10 (3) The Committee on Armed Services and the 

11 Committee on Homeland Security of the House of 

12 Representatives. 

13 (4) The Committee on Foreign Relations of the 

14 Senate. 

15 (5) The Committee on Foreign Affairs of the 

16 House of Representatives. 

17 (b) REQUIREMENT FOR A STRATEGY.—Not later 

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

19 the Director of National Intelligence, in coordination with 

20 the Secretary of Homeland Security, the Director of the 

21 Federal Bureau of Investigation, the Director of the Cen22 tral Intelligence Agency, the Secretary of State, the Sec23 retary of Defense, and the Secretary of the Treasury, shall 

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

25 threat of Russian cyber attacks and attempted cyber at26 tacks against electoral systems and processes in the 
217 

•HR 3494 EH

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

2 systems, voter registration databases, voting tabulation 

3 equipment, and equipment and processes for the secure 

4 transmission of election results. 

5 (c) ELEMENTS OF THE STRATEGY.—The strategy re6 quired by subsection (b) shall include the following ele7 ments: 

8 (1) A whole-of-government approach to pro9 tecting United States electoral systems and proc10 esses that includes the agencies and departments in11 dicated in subsection (b) as well as any other agen12 cies and departments of the United States, as deter13 mined appropriate by the Director of National Intel14 ligence and the Secretary of Homeland Security. 

15 (2) Input solicited from Secretaries of State of 

16 the various States and the chief election officials of 

17 the States. 

18 (3) Technical security measures, including 

19 auditable paper trails for voting machines, securing 

20 wireless and Internet connections, and other tech21 nical safeguards. 

22 (4) Detection of cyber threats, including attacks 

23 and attempted attacks by Russian government or 

24 nongovernment cyber threat actors. 
218 

•HR 3494 EH

1 (5) Improvements in the identification and at2 tribution of Russian government or nongovernment 

3 cyber threat actors. 

4 (6) Deterrence, including actions and measures 

5 that could or should be undertaken against or com6 municated to the Government of Russia or other en7 tities to deter attacks against, or interference with, 

8 United States election systems and processes. 

9 (7) Improvements in Federal Government com10 munications with State and local election officials. 

11 (8) Public education and communication ef12 forts. 

13 (9) Benchmarks and milestones to enable the 

14 measurement of concrete steps taken and progress 

15 made in the implementation of the strategy. 

16 (d) CONGRESSIONAL BRIEFING.—Not later than 90 

17 days after the date of the enactment of this Act, the Direc18 tor of National Intelligence and the Secretary of Home19 land Security shall jointly brief the appropriate congres20 sional committees on the strategy developed under sub21 section (b). 
219 

•HR 3494 EH

1 SEC. 2505. ASSESSMENT OF SIGNIFICANT RUSSIAN INFLU2 ENCE CAMPAIGNS DIRECTED AT FOREIGN 

3 ELECTIONS AND REFERENDA. 

4 (a) RUSSIAN INFLUENCE CAMPAIGN DEFINED.—In 

5 this section, the term ‘‘Russian influence campaign’’ 

6 means any effort, covert or overt, and by any means, at7 tributable to the Russian Federation directed at an elec8 tion, referendum, or similar process in a country other 

9 than the Russian Federation or the United States. 

10 (b) ASSESSMENT REQUIRED.—Not later than 60 

11 days after the date of the enactment of this Act, the Direc12 tor of National Intelligence shall submit to the congres13 sional intelligence committees a report containing an ana14 lytical assessment of the most significant Russian influ15 ence campaigns, if any, conducted during the 3-year pe16 riod preceding the date of the enactment of this Act, as 

17 well as the most significant current or planned such Rus18 sian influence campaigns, if any. Such assessment shall 

19 include— 

20 (1) a summary of such significant Russian in21 fluence campaigns, including, at a minimum, the 

22 specific means by which such campaigns were con23 ducted, are being conducted, or likely will be con24 ducted, as appropriate, and the specific goal of each 

25 such campaign; 
220 

•HR 3494 EH

1 (2) a summary of any defenses against or re2 sponses to such Russian influence campaigns by the 

3 foreign state holding the elections or referenda; 

4 (3) a summary of any relevant activities by ele5 ments of the intelligence community undertaken for 

6 the purpose of assisting the government of such for7 eign state in defending against or responding to 

8 such Russian influence campaigns; and 

9 (4) an assessment of the effectiveness of such 

10 defenses and responses described in paragraphs (2) 

11 and (3). 

12 (c) FORM.—The report required by subsection (b) 

13 may be submitted in classified form, but if so submitted, 

14 shall contain an unclassified summary. 

15 SEC. 2506. INFORMATION SHARING WITH STATE ELECTION 

16 OFFICIALS. 

17 (a) STATE DEFINED.—In this section, the term 

18 ‘‘State’’ means any State of the United States, the Dis19 trict of Columbia, the Commonwealth of Puerto Rico, and 

20 any territory or possession of the United States. 

21 (b) SECURITY CLEARANCES.— 

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

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

24 of National Intelligence shall support the Under Sec25 retary of Homeland Security for Intelligence and 
221 

•HR 3494 EH

1 Analysis, and any other official of the Department 

2 of Homeland Security designated by the Secretary of 

3 Homeland Security, in sponsoring a security clear4 ance up to the top secret level for each eligible chief 

5 election official of a State or the District of Colum6 bia, and additional eligible designees of such election 

7 official as appropriate, at the time that such election 

8 official assumes such position. 

9 (2) INTERIM CLEARANCES.—Consistent with 

10 applicable policies and directives, the Director of Na11 tional Intelligence may issue interim clearances, for 

12 a period to be determined by the Director, to a chief 

13 election official as described in paragraph (1) and up 

14 to one designee of such official under such para15 graph. 

16 (c) INFORMATION SHARING.— 

17 (1) IN GENERAL.—The Director of National In18 telligence shall assist the Under Secretary of Home19 land Security for Intelligence and Analysis and the 

20 Under Secretary responsible for overseeing critical 

21 infrastructure protection, cybersecurity, and other 

22 related programs of the Department (as specified in 

23 section 103(a)(1)(H) of the Homeland Security Act 

24 of 2002 (6 U.S.C. 113(a)(1)(H))) with sharing any 

25 appropriate classified information related to threats 
222 

•HR 3494 EH

1 to election systems and to the integrity of the elec2 tion process with chief election officials and such 

3 designees who have received a security clearance 

4 under subsection (b). 

5 (2) COORDINATION.—The Under Secretary of 

6 Homeland Security for Intelligence and Analysis 

7 shall coordinate with the Director of National Intel8 ligence and the Under Secretary responsible for 

9 overseeing critical infrastructure protection, cyberse10 curity, and other related programs of the Depart11 ment (as specified in section 103(a)(1)(H) of the 

12 Homeland Security Act of 2002 (6 U.S.C. 

13 113(a)(1)(H))) to facilitate the sharing of informa14 tion to the affected Secretaries of State or States. 

15 SEC. 2507. NOTIFICATION OF SIGNIFICANT FOREIGN CYBER 

16 INTRUSIONS AND ACTIVE MEASURES CAM17 PAIGNS DIRECTED AT ELECTIONS FOR FED18 ERAL OFFICES. 

19 (a) DEFINITIONS.—In this section: 

20 (1) ACTIVE MEASURES CAMPAIGN.—The term 

21 ‘‘active measures campaign’’ means a foreign semi22 covert or covert intelligence operation. 

23 (2) CANDIDATE, ELECTION, AND POLITICAL

24 PARTY.—The terms ‘‘candidate’’, ‘‘election’’, and 

25 ‘‘political party’’ have the meanings given those 
223 

•HR 3494 EH

1 terms in section 301 of the Federal Election Cam2 paign Act of 1971 (52 U.S.C. 30101). 

3 (3) CONGRESSIONAL LEADERSHIP.—The term 

4 ‘‘congressional leadership’’ includes the following: 

5 (A) The majority leader of the Senate. 

6 (B) The minority leader of the Senate. 

7 (C) The Speaker of the House of Rep8 resentatives. 

9 (D) The minority leader of the House of 

10 Representatives. 

11 (4) CYBER INTRUSION.—The term ‘‘cyber in12 trusion’’ means an electronic occurrence that actu13 ally or imminently jeopardizes, without lawful au14 thority, electronic election infrastructure, or the in15 tegrity, confidentiality, or availability of information 

16 within such infrastructure. 

17 (5) ELECTRONIC ELECTION INFRASTRUC18 TURE.—The term ‘‘electronic election infrastruc19 ture’’ means an electronic information system of any 

20 of the following that is related to an election for 

21 Federal office: 

22 (A) The Federal Government. 

23 (B) A State or local government. 

24 (C) A political party. 

25 (D) The election campaign of a candidate. 
224 

•HR 3494 EH

1 (6) FEDERAL OFFICE.—The term ‘‘Federal of2 fice’’ has the meaning given that term in section 301 

3 of the Federal Election Campaign Act of 1971 (52 

4 U.S.C. 30101). 

5 (7) HIGH CONFIDENCE.—The term ‘‘high con6 fidence’’, with respect to a determination, means 

7 that the determination is based on high-quality in8 formation from multiple sources. 

9 (8) MODERATE CONFIDENCE.—The term ‘‘mod10 erate confidence’’, with respect to a determination, 

11 means that a determination is credibly sourced and 

12 plausible but not of sufficient quality or corrobo13 rated sufficiently to warrant a higher level of con14 fidence. 

15 (9) OTHER APPROPRIATE CONGRESSIONAL COM16 MITTEES.—The term ‘‘other appropriate congres17 sional committees’’ means— 

18 (A) the Committee on Armed Services, the 

19 Committee on Homeland Security and Govern20 mental Affairs, and the Committee on Appro21 priations of the Senate; and 

22 (B) the Committee on Armed Services, the 

23 Committee on Homeland Security, and the 

24 Committee on Appropriations of the House of 

25 Representatives. 
225 

•HR 3494 EH

1 (b) DETERMINATIONS OF SIGNIFICANT FOREIGN

2 CYBER INTRUSIONS AND ACTIVE MEASURES CAM3 PAIGNS.—The Director of National Intelligence, the Di4 rector of the Federal Bureau of Investigation, and the 

5 Secretary of Homeland Security shall jointly carry out 

6 subsection (c) if such Directors and the Secretary jointly 

7 determine— 

8 (1) that on or after the date of the enactment 

9 of this Act, a significant foreign cyber intrusion or 

10 active measures campaign intended to influence an 

11 upcoming election for any Federal office has oc12 curred or is occurring; and 

13 (2) with moderate or high confidence, that such 

14 intrusion or campaign can be attributed to a foreign 

15 state or to a foreign nonstate person, group, or other 

16 entity. 

17 (c) BRIEFING.— 

18 (1) IN GENERAL.—Not later than 14 days after 

19 making a determination under subsection (b), the 

20 Director of National Intelligence, the Director of the 

21 Federal Bureau of Investigation, and the Secretary 

22 of Homeland Security shall jointly provide a briefing 

23 to the congressional leadership, the congressional in24 telligence committees and, consistent with the pro25 tection of sources and methods, the other appro-
226 

•HR 3494 EH

1 priate congressional committees. The briefing shall 

2 be classified and address, at a minimum, the fol3 lowing: 

4 (A) A description of the significant foreign 

5 cyber intrusion or active measures campaign, as 

6 the case may be, covered by the determination. 

7 (B) An identification of the foreign state 

8 or foreign nonstate person, group, or other enti9 ty, to which such intrusion or campaign has 

10 been attributed. 

11 (C) The desirability and feasibility of the 

12 public release of information about the cyber in13 trusion or active measures campaign. 

14 (D) Any other information such Directors 

15 and the Secretary jointly determine appropriate. 

16 (2) ELECTRONIC ELECTION INFRASTRUCTURE

17 BRIEFINGS.—With respect to a significant foreign 

18 cyber intrusion covered by a determination under 

19 subsection (b), the Secretary of Homeland Security, 

20 in consultation with the Director of National Intel21 ligence and the Director of the Federal Bureau of 

22 Investigation, shall offer to the owner or operator of 

23 any electronic election infrastructure directly af24 fected by such intrusion, a briefing on such intru25 sion, including steps that may be taken to mitigate 
227 

•HR 3494 EH

1 such intrusion. Such briefing may be classified and 

2 made available only to individuals with appropriate 

3 security clearances. 

4 (3) PROTECTION OF SOURCES AND METH5 ODS.—This subsection shall be carried out in a man6 ner that is consistent with the protection of sources 

7 and methods. 

8 SEC. 2508. DESIGNATION OF COUNTERINTELLIGENCE OFFI9 CER TO LEAD ELECTION SECURITY MATTERS. 

10 (a) IN GENERAL.—The Director of National Intel11 ligence shall designate a national counterintelligence offi12 cer within the National Counterintelligence and Security 

13 Center to lead, manage, and coordinate counterintelligence 

14 matters relating to election security. 

15 (b) ADDITIONAL RESPONSIBILITIES.—The person 

16 designated under subsection (a) shall also lead, manage, 

17 and coordinate counterintelligence matters relating to 

18 risks posed by interference from foreign powers (as de19 fined in section 101 of the Foreign Intelligence Surveil20 lance Act of 1978 (50 U.S.C. 1801)) to the following: 

21 (1) The Federal Government election security 

22 supply chain. 

23 (2) Election voting systems and software. 

24 (3) Voter registration databases. 

25 (4) Critical infrastructure related to elections. 
228 

•HR 3494 EH

1 (5) Such other Government goods and services 

2 as the Director of National Intelligence considers ap3 propriate. 

4 TITLE XXVI—SECURITY 

5 CLEARANCES 

6 SEC. 2601. DEFINITIONS. 

7 In this title: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com10 mittees’’ means— 

11 (A) the congressional intelligence commit12 tees; 

13 (B) the Committee on Armed Services of 

14 the Senate; 

15 (C) the Committee on Appropriations of 

16 the Senate; 

17 (D) the Committee on Homeland Security 

18 and Governmental Affairs of the Senate; 

19 (E) the Committee on Armed Services of 

20 the House of Representatives; 

21 (F) the Committee on Appropriations of 

22 the House of Representatives; 

23 (G) the Committee on Homeland Security 

24 of the House of Representatives; and 
229 

•HR 3494 EH

1 (H) the Committee on Oversight and Re2 form of the House of Representatives. 

3 (2) APPROPRIATE INDUSTRY PARTNERS.—The 

4 term ‘‘appropriate industry partner’’ means a con5 tractor, licensee, or grantee (as defined in section 

6 101(a) of Executive Order No. 12829 (50 U.S.C. 

7 3161 note; relating to National Industrial Security 

8 Program)) that is participating in the National In9 dustrial Security Program established by such Exec10 utive order. 

11 (3) CONTINUOUS VETTING.—The term ‘‘contin12 uous vetting’’ has the meaning given such term in 

13 Executive Order No. 13467 (50 U.S.C. 3161 note; 

14 relating to reforming processes related to suitability 

15 for government employment, fitness for contractor 

16 employees, and eligibility for access to classified na17 tional security information). 

18 (4) COUNCIL.—The term ‘‘Council’’ means the 

19 Security, Suitability, and Credentialing Performance 

20 Accountability Council established pursuant to such 

21 Executive order, or any successor entity. 

22 (5) SECURITY EXECUTIVE AGENT.—The term 

23 ‘‘Security Executive Agent’’ means the officer serv24 ing as the Security Executive Agent pursuant to sec-
230 

•HR 3494 EH

1 tion 803 of the National Security Act of 1947, as 

2 added by section 2605. 

3 (6) SUITABILITY AND CREDENTIALING EXECU4 TIVE AGENT.—The term ‘‘Suitability and 

5 Credentialing Executive Agent’’ means the Director 

6 of the Office of Personnel Management acting as the 

7 Suitability and Credentialing Executive Agent in ac8 cordance with Executive Order No. 13467 (50 

9 U.S.C. 3161 note; relating to reforming processes 

10 related to suitability for government employment, 

11 fitness for contractor employees, and eligibility for 

12 access to classified national security information), or 

13 any successor entity. 

14 SEC. 2602. REPORTS AND PLANS RELATING TO SECURITY 

15 CLEARANCES AND BACKGROUND INVESTIGA16 TIONS. 

17 (a) SENSE OF CONGRESS.—It is the sense of Con18 gress that— 

19 (1) ensuring the trustworthiness and security of 

20 the workforce, facilities, and information of the Fed21 eral Government is of the highest priority to na22 tional security and public safety; 

23 (2) the President and Congress should 

24 prioritize the modernization of the personnel security 
231 

•HR 3494 EH

1 framework to improve its efficiency, effectiveness, 

2 and accountability; 

3 (3) the current system for security clearance, 

4 suitability and fitness for employment, and 

5 credentialing lacks efficiencies and capabilities to 

6 meet the current threat environment, recruit and re7 tain a trusted workforce, and capitalize on modern 

8 technologies; and 

9 (4) changes to policies or processes to improve 

10 this system should be vetted through the Council to 

11 ensure standardization, portability, and reciprocity 

12 in security clearances across the Federal Govern13 ment. 

14 (b) ACCOUNTABILITY PLANS AND REPORTS.— 

15 (1) PLANS.—Not later than 90 days after the 

16 date of the enactment of this Act, the Council shall 

17 submit to the appropriate congressional committees 

18 and make available to appropriate industry partners 

19 the following: 

20 (A) A plan, with milestones, to reduce the 

21 background investigation inventory to 200,000, 

22 or an otherwise sustainable steady-level, by the 

23 end of year 2020. Such plan shall include notes 

24 of any required changes in investigative and ad25 judicative standards or resources. 
232 

•HR 3494 EH

1 (B) A plan to consolidate the conduct of 

2 background investigations associated with the 

3 processing for security clearances in the most 

4 effective and efficient manner between the Na5 tional Background Investigation Bureau and 

6 the Defense Security Service, or a successor or7 ganization. Such plan shall address required 

8 funding, personnel, contracts, information tech9 nology, field office structure, policy, governance, 

10 schedule, transition costs, and effects on stake11 holders. 

12 (2) REPORT ON THE FUTURE OF PERSONNEL

13 SECURITY.— 

14 (A) IN GENERAL.—Not later than 180 

15 days after the date of the enactment of this 

16 Act, the Chairman of the Council, in coordina17 tion with the members of the Council, shall sub18 mit to the appropriate congressional committees 

19 and make available to appropriate industry 

20 partners a report on the future of personnel se21 curity to reflect changes in threats, the work22 force, and technology. 

23 (B) CONTENTS.—The report submitted 

24 under subparagraph (A) shall include the fol25 lowing: 
233 

•HR 3494 EH

1 (i) A risk framework for granting and 

2 renewing access to classified information. 

3 (ii) A discussion of the use of tech4 nologies to prevent, detect, and monitor 

5 threats. 

6 (iii) A discussion of efforts to address 

7 reciprocity and portability. 

8 (iv) A discussion of the characteristics 

9 of effective insider threat programs. 

10 (v) An analysis of how to integrate 

11 data from continuous evaluation, insider 

12 threat programs, and human resources 

13 data. 

14 (vi) Recommendations on interagency 

15 governance. 

16 (3) PLAN FOR IMPLEMENTATION.—Not later 

17 than 180 days after the date of the enactment of 

18 this Act, the Chairman of the Council, in coordina19 tion with the members of the Council, shall submit 

20 to the appropriate congressional committees and 

21 make available to appropriate industry partners a 

22 plan to implement the report’s framework and rec23 ommendations submitted under paragraph (2)(A). 

24 (4) CONGRESSIONAL NOTIFICATIONS.—Not less 

25 frequently than quarterly, the Security Executive 
234 

•HR 3494 EH

1 Agent shall make available to the public a report re2 garding the status of the disposition of requests re3 ceived from departments and agencies of the Federal 

4 Government for a change to, or approval under, the 

5 Federal investigative standards, the national adju6 dicative guidelines, continuous evaluation, or other 

7 national policy regarding personnel security. 

8 SEC. 2603. IMPROVING THE PROCESS FOR SECURITY 

9 CLEARANCES. 

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

11 date of the enactment of this Act, the Security Executive 

12 Agent, in coordination with the members of the Council, 

13 shall submit to the appropriate congressional committees 

14 and make available to appropriate industry partners a re15 port that includes the following: 

16 (1) A review of whether the information re17 quested on the Questionnaire for National Security 

18 Positions (Standard Form 86) and by the Federal 

19 Investigative Standards prescribed by the Office of 

20 Personnel Management and the Office of the Direc21 tor of National Intelligence appropriately supports 

22 the adjudicative guidelines under Security Executive 

23 Agent Directive 4 (known as the ‘‘National Security 

24 Adjudicative Guidelines’’). Such review shall include 

25 identification of whether any such information cur-
235 

•HR 3494 EH

1 rently collected is unnecessary to support the adju2 dicative guidelines. 

3 (2) An assessment of whether such Question4 naire, Standards, and guidelines should be revised to 

5 account for the prospect of a holder of a security 

6 clearance becoming an insider threat. 

7 (3) Recommendations to improve the back8 ground investigation process by— 

9 (A) simplifying the Questionnaire for Na10 tional Security Positions (Standard Form 86) 

11 and increasing customer support to applicants 

12 completing such Questionnaire; 

13 (B) using remote techniques and central14 ized locations to support or replace field inves15 tigation work; 

16 (C) using secure and reliable digitization of 

17 information obtained during the clearance proc18 ess; 

19 (D) building the capacity of the back20 ground investigation labor sector; and 

21 (E) replacing periodic reinvestigations with 

22 continuous evaluation techniques in all appro23 priate circumstances. 

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

25 Not later than 180 days after the date of the enactment 
236 

•HR 3494 EH

1 of this Act, the Security Executive Agent shall, in coordi2 nation with the members of the Council, establish the fol3 lowing: 

4 (1) A policy and implementation plan for the 

5 issuance of interim security clearances. 

6 (2) A policy and implementation plan to ensure 

7 contractors are treated consistently in the security 

8 clearance process across agencies and departments 

9 of the United States as compared to employees of 

10 such agencies and departments. Such policy shall 

11 address— 

12 (A) prioritization of processing security 

13 clearances based on the mission the contractors 

14 will be performing; 

15 (B) standardization in the forms that 

16 agencies issue to initiate the process for a secu17 rity clearance; 

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 (known as the ‘‘National Security Ad24 judicative Guidelines’’); 
237 

•HR 3494 EH

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; 

9 (H) collection of timelines for movement of 

10 contractors across agencies and departments; 

11 (I) reporting on security incidents and job 

12 performance, consistent with section 552a of 

13 title 5, United States Code (commonly known 

14 as the ‘‘Privacy Act of 1974’’), that may affect 

15 the ability to hold a security clearance; 

16 (J) any recommended changes to the Fed17 eral Acquisition Regulations (FAR) necessary 

18 to ensure that information affecting contractor 

19 clearances or suitability is appropriately and ex20 peditiously shared between and among agencies 

21 and contractors; and 

22 (K) portability of contractor security clear23 ances between or among contracts at the same 

24 agency and between or among contracts at dif-
238 

•HR 3494 EH

1 ferent agencies that require the same level of 

2 clearance. 

3 (3) A strategy and implementation plan that— 

4 (A) provides for periodic reinvestigations 

5 as part of a security clearance determination 

6 only on an as-needed, risk-based basis; 

7 (B) includes actions to assess the extent to 

8 which automated records checks and other con9 tinuous evaluation methods may be used to ex10 pedite or focus reinvestigations; and 

11 (C) provides an exception for certain popu12 lations if the Security Executive Agent— 

13 (i) determines such populations re14 quire reinvestigations at regular intervals; 

15 and 

16 (ii) provides written justification to 

17 the appropriate congressional committees 

18 for any such determination. 

19 (4) A policy and implementation plan for agen20 cies and departments of the United States, as a part 

21 of the security clearance process, to accept auto22 mated records checks generated pursuant to a secu23 rity clearance applicant’s employment with a prior 

24 employer. 
239 

•HR 3494 EH

1 (5) A policy for the use of certain background 

2 materials on individuals collected by the private sec3 tor for background investigation purposes. 

4 (6) Uniform standards for agency continuous 

5 evaluation programs to ensure quality and reci6 procity in accepting enrollment in a continuous vet7 ting program as a substitute for a periodic investiga8 tion for continued access to classified information. 

9 SEC. 2604. GOALS FOR PROMPTNESS OF DETERMINATIONS 

10 REGARDING SECURITY CLEARANCES. 

11 (a) RECIPROCITY DEFINED.—In this section, the 

12 term ‘‘reciprocity’’ means reciprocal recognition by Fed13 eral departments and agencies of eligibility for access to 

14 classified information. 

15 (b) IN GENERAL.—The Council shall reform the se16 curity clearance process with the objective that, by Decem17 ber 31, 2021, 90 percent of all determinations, other than 

18 determinations regarding populations identified under sec19 tion 2603(b)(3)(C), regarding— 

20 (1) security clearances— 

21 (A) at the secret level are issued in 30 

22 days or fewer; and 

23 (B) at the top secret level are issued in 90 

24 days or fewer; and 
240 

•HR 3494 EH

1 (2) reciprocity of security clearances at the 

2 same level are recognized in 2 weeks or fewer. 

3 (c) CERTAIN REINVESTIGATIONS.—The Council shall 

4 reform the security clearance process with the goal that 

5 by December 31, 2021, reinvestigation on a set periodicity 

6 is not required for more than 10 percent of the population 

7 that holds a security clearance. 

8 (d) EQUIVALENT METRICS.— 

9 (1) IN GENERAL.—If the Council develops a set 

10 of performance metrics that it certifies to the appro11 priate congressional committees should achieve sub12 stantially equivalent outcomes as those outlined in 

13 subsections (b) and (c), the Council may use those 

14 metrics for purposes of compliance within this provi15 sion. 

16 (2) NOTICE.—If the Council uses the authority 

17 provided by paragraph (1) to use metrics as de18 scribed in such paragraph, the Council shall, not 

19 later than 30 days after communicating such metrics 

20 to departments and agencies, notify the appropriate 

21 congressional committees that it is using such au22 thority. 

23 (e) PLAN.—Not later than 180 days after the date 

24 of the enactment of this Act, the Council shall submit to 

25 the appropriate congressional committees and make avail-
241 

•HR 3494 EH

1 able to appropriate industry partners a plan to carry out 

2 this section. Such plan shall include recommended interim 

3 milestones for the goals set forth in subsections (b) and 

4 (c) for 2019, 2020, and 2021. 

5 SEC. 2605. SECURITY EXECUTIVE AGENT. 

6 (a) IN GENERAL.—Title VIII of the National Secu7 rity Act of 1947 (50 U.S.C. 3161 et seq.) is amended— 

8 (1) by redesignating sections 803 and 804 as 

9 sections 804 and 805, respectively; and 

10 (2) by inserting after section 802 the following: 

11 ‘‘SEC. 803. SECURITY EXECUTIVE AGENT. 

12 ‘‘(a) IN GENERAL.—The Director of National Intel13 ligence, or such other officer of the United States as the 

14 President may designate, shall serve as the Security Exec15 utive Agent for all departments and agencies of the United 

16 States. 

17 ‘‘(b) DUTIES.—The duties of the Security Executive 

18 Agent are as follows: 

19 ‘‘(1) To direct the oversight of investigations, 

20 reinvestigations, adjudications, and, as applicable, 

21 polygraphs for eligibility for access to classified in22 formation or eligibility to hold a sensitive position 

23 made by any Federal agency. 

24 ‘‘(2) To review the national security back25 ground investigation and adjudication programs of 
242 

•HR 3494 EH

1 Federal agencies to determine whether such pro2 grams are being implemented in accordance with 

3 this section. 

4 ‘‘(3) To develop and issue uniform and con5 sistent policies and procedures to ensure the effec6 tive, efficient, timely, and secure completion of inves7 tigations, polygraphs, and adjudications relating to 

8 determinations of eligibility for access to classified 

9 information or eligibility to hold a sensitive position. 

10 ‘‘(4) Unless otherwise designated by law, to 

11 serve as the final authority to designate a Federal 

12 agency or agencies to conduct investigations of per13 sons who are proposed for access to classified infor14 mation or for eligibility to hold a sensitive position 

15 to ascertain whether such persons satisfy the criteria 

16 for obtaining and retaining access to classified infor17 mation or eligibility to hold a sensitive position, as 

18 applicable. 

19 ‘‘(5) Unless otherwise designated by law, to 

20 serve as the final authority to designate a Federal 

21 agency or agencies to determine eligibility for access 

22 to classified information or eligibility to hold a sen23 sitive position in accordance with Executive Order 

24 No. 12968 (50 U.S.C. 3161 note; relating to access 

25 to classified information). 
243 

•HR 3494 EH

1 ‘‘(6) To ensure reciprocal recognition of eligi2 bility for access to classified information or eligibility 

3 to hold a sensitive position among Federal agencies, 

4 including acting as the final authority to arbitrate 

5 and resolve disputes among such agencies involving 

6 the reciprocity of investigations and adjudications of 

7 eligibility. 

8 ‘‘(7) To execute all other duties assigned to the 

9 Security Executive Agent by law. 

10 ‘‘(c) AUTHORITIES.—The Security Executive Agent 

11 shall— 

12 ‘‘(1) issue guidelines and instructions to the 

13 heads of Federal agencies to ensure appropriate uni14 formity, centralization, efficiency, effectiveness, time15 liness, and security in processes relating to deter16 minations by such agencies of eligibility for access to 

17 classified information or eligibility to hold a sensitive 

18 position, including such matters as investigations, 

19 polygraphs, adjudications, and reciprocity; 

20 ‘‘(2) have the authority to grant exceptions to, 

21 or waivers of, national security investigative require22 ments, including issuing implementing or clarifying 

23 guidance, as necessary; 

24 ‘‘(3) have the authority to assign, in whole or 

25 in part, to the head of any Federal agency (solely or 
244 

•HR 3494 EH

1 jointly) any of the duties of the Security Executive 

2 Agent described in subsection (b) or the authorities 

3 described in paragraphs (1) and (2), provided that 

4 the exercise of such assigned duties or authorities is 

5 subject to the oversight of the Security Executive 

6 Agent, including such terms and conditions (includ7 ing approval by the Security Executive Agent) as the 

8 Security Executive Agent determines appropriate; 

9 and 

10 ‘‘(4) define and set standards for continuous 

11 evaluation for continued access to classified informa12 tion and for eligibility to hold a sensitive position.’’. 

13 (b) REPORT ON RECOMMENDATIONS FOR REVISING

14 AUTHORITIES.—Not later than 30 days after the date on 

15 which the Chairman of the Council submits to the appro16 priate congressional committees the report required by 

17 section 2602(b)(2)(A), the Chairman shall submit to the 

18 appropriate congressional committees such recommenda19 tions as the Chairman may have for revising the authori20 ties of the Security Executive Agent. 

21 (c) CONFORMING AMENDMENT.—Section 

22 103H(j)(4)(A) of such Act (50 U.S.C. 3033(j)(4)(A)) is 

23 amended by striking ‘‘in section 804’’ and inserting ‘‘in 

24 section 805’’. 
245 

•HR 3494 EH

1 (d) CLERICAL AMENDMENT.—The table of contents 

2 in the matter preceding section 2 of such Act (50 U.S.C. 

3 3002) is amended by striking the items relating to sections 

4 803 and 804 and inserting the following: 

‘‘Sec. 803. Security Executive Agent. 

‘‘Sec. 804. Exceptions. 

‘‘Sec. 805. Definitions.’’. 

5 SEC. 2606. REPORT ON UNIFIED, SIMPLIFIED, GOVERN6 MENTWIDE STANDARDS FOR POSITIONS OF 

7 TRUST AND SECURITY CLEARANCES. 

8 Not later than 90 days after the date of the enact9 ment of this Act, the Security Executive Agent and the 

10 Suitability and Credentialing Executive Agent, in coordi11 nation with the other members of the Council, shall jointly 

12 submit to the appropriate congressional committees and 

13 make available to appropriate industry partners a report 

14 regarding the advisability and the risks, benefits, and 

15 costs to the Government and to industry of consolidating 

16 to not more than three tiers for positions of trust and se17 curity clearances. 

18 SEC. 2607. REPORT ON CLEARANCE IN PERSON CONCEPT. 

19 (a) SENSE OF CONGRESS.—It is the sense of Con20 gress that to reflect the greater mobility of the modern 

21 workforce, alternative methodologies merit analysis to 

22 allow greater flexibility for individuals moving in and out 

23 of positions that require access to classified information, 

24 while still preserving security. 
246 

•HR 3494 EH

1 (b) REPORT REQUIRED.—Not later than 90 days 

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

3 Executive Agent shall submit to the appropriate congres4 sional committees and make available to appropriate in5 dustry partners a report that describes the requirements, 

6 feasibility, and advisability of implementing a clearance in 

7 person concept described in subsection (c). 

8 (c) CLEARANCE IN PERSON CONCEPT.—The clear9 ance in person concept— 

10 (1) permits an individual who once held a secu11 rity clearance to maintain his or her eligibility for 

12 access to classified information, networks, and facili13 ties for up to 3 years after the individual’s eligibility 

14 for access to classified information would otherwise 

15 lapse; and 

16 (2) recognizes, unless otherwise directed by the 

17 Security Executive Agent, an individual’s security 

18 clearance and background investigation as current, 

19 regardless of employment status, contingent on en20 rollment in a continuous vetting program. 

21 (d) CONTENTS.—The report required under sub22 section (b) shall address— 

23 (1) requirements for an individual to voluntarily 

24 remain in a continuous evaluation program validated 

25 by the Security Executive Agent even if the indi-
247 

•HR 3494 EH

1 vidual is not in a position requiring access to classi2 fied information; 

3 (2) appropriate safeguards for privacy; 

4 (3) advantages to government and industry; 

5 (4) the costs and savings associated with imple6 mentation; 

7 (5) the risks of such implementation, including 

8 security and counterintelligence risks; 

9 (6) an appropriate funding model; and 

10 (7) fairness to small companies and inde11 pendent contractors. 

12 SEC. 2608. REPORTS ON RECIPROCITY FOR SECURITY 

13 CLEARANCES INSIDE OF DEPARTMENTS AND 

14 AGENCIES. 

15 (a) RECIPROCALLY RECOGNIZED DEFINED.—In this 

16 section, the term ‘‘reciprocally recognized’’ means recip17 rocal recognition by Federal departments and agencies of 

18 eligibility for access to classified information. 

19 (b) REPORTS TO SECURITY EXECUTIVE AGENT.— 

20 The head of each Federal department or agency shall sub21 mit an annual report to the Security Executive Agent 

22 that— 

23 (1) identifies the number of individuals whose 

24 security clearances take more than 2 weeks to be re-
248 

•HR 3494 EH

1 ciprocally recognized after such individuals move to 

2 another part of such department or agency; and 

3 (2) breaks out the information described in 

4 paragraph (1) by type of clearance and the reasons 

5 for any delays. 

6 (c) ANNUAL REPORT.—Not less frequently than once 

7 each year, the Security Executive Agent shall submit to 

8 the appropriate congressional committees and make avail9 able to industry partners an annual report that summa10 rizes the information received pursuant to subsection (b) 

11 during the period covered by such report. 

12 SEC. 2609. INTELLIGENCE COMMUNITY REPORTS ON SECU13 RITY CLEARANCES. 

14 (a) SENSE OF CONGRESS.—It is the sense of Con15 gress that— 

16 (1) despite sustained efforts by Congress and 

17 the executive branch, an unacceptable backlog in 

18 processing and adjudicating security clearances per19 sists, both within elements of the intelligence com20 munity and in other departments of the Federal 

21 Government, with some processing times exceeding a 

22 year or even more; 

23 (2) the protracted clearance timetable threatens 

24 the ability of elements of the intelligence community 
249 

•HR 3494 EH

1 to hire and retain highly qualified individuals, and 

2 thus to fulfill the missions of such elements; 

3 (3) the prospect of a lengthy clearance process 

4 deters some such individuals from seeking employ5 ment with the intelligence community in the first 

6 place, and, when faced with a long wait time, those 

7 with conditional offers of employment may opt to 

8 discontinue the security clearance process and pur9 sue different opportunities; 

10 (4) now more than ever, therefore, the broken 

11 security clearance process badly needs fundamental 

12 reform; and 

13 (5) in the meantime, to ensure the ability of 

14 elements of the intelligence community to hire and 

15 retain highly qualified personnel, elements should 

16 consider, to the extent possible and consistent with 

17 national security, permitting new employees to enter 

18 on duty immediately or nearly so, and to perform, 

19 on a temporary basis pending final adjudication of 

20 their security clearances, work that either does not 

21 require a security clearance or requires only a low22 level interim clearance. 

23 (b) IN GENERAL.—Section 506H of the National Se24 curity Act of 1947 (50 U.S.C. 3104) is amended— 

25 (1) in subsection (a)(1)— 
250 

•HR 3494 EH

1 (A) in subparagraph (A)(ii), by inserting 

2 ‘‘and’’ after the semicolon; 

3 (B) in subparagraph (B)(ii), by striking ‘‘; 

4 and’’ and inserting a period; and 

5 (C) by striking subparagraph (C); 

6 (2) by redesignating subsection (b) as sub7 section (c); 

8 (3) by inserting after subsection (a) the fol9 lowing new subsection (b): 

10 ‘‘(b) INTELLIGENCE COMMUNITY REPORTS.—(1) 

11 Not later than March 1 of each year, the Director of Na12 tional Intelligence shall submit to the congressional intel13 ligence committees, the Committee on Homeland Security 

14 and Governmental Affairs of the Senate, and the Com15 mittee on Homeland Security of the House of Representa16 tives a report on the security clearances processed by each 

17 element of the intelligence community during the pre18 ceding fiscal year. Each such report shall separately iden19 tify security clearances processed for Federal employees 

20 and contractor employees sponsored by each such element. 

21 ‘‘(2) Each report submitted under paragraph (1) 

22 shall include each of the following for each element of the 

23 intelligence community for the fiscal year covered by the 

24 report: 
251 

•HR 3494 EH

1 ‘‘(A) The total number of initial security clear2 ance background investigations sponsored for new 

3 applicants. 

4 ‘‘(B) The total number of security clearance 

5 periodic reinvestigations sponsored for existing em6 ployees. 

7 ‘‘(C) The total number of initial security clear8 ance background investigations for new applicants 

9 that were adjudicated with notice of a determination 

10 provided to the prospective applicant, including— 

11 ‘‘(i) the total number that were adju12 dicated favorably and granted access to classi13 fied information; and 

14 ‘‘(ii) the total number that were adju15 dicated unfavorably and resulted in a denial or 

16 revocation of a security clearance. 

17 ‘‘(D) The total number of security clearance 

18 periodic background investigations that were adju19 dicated with notice of a determination provided to 

20 the existing employee, including— 

21 ‘‘(i) the total number that were adju22 dicated favorably; and 

23 ‘‘(ii) the total number that were adju24 dicated unfavorably and resulted in a denial or 

25 revocation of a security clearance. 
252 

•HR 3494 EH

1 ‘‘(E) The total number of pending security 

2 clearance background investigations, including initial 

3 applicant investigations and periodic reinvestiga4 tions, that were not adjudicated as of the last day 

5 of such year and that remained pending as follows: 

6 ‘‘(i) For 180 days or less. 

7 ‘‘(ii) For 180 days or longer, but less than 

8 12 months. 

9 ‘‘(iii) For 12 months or longer, but less 

10 than 18 months. 

11 ‘‘(iv) For 18 months or longer, but less 

12 than 24 months. 

13 ‘‘(v) For 24 months or longer. 

14 ‘‘(F) In the case of security clearance deter15 minations completed or pending during the year pre16 ceding the year for which the report is submitted 

17 that have taken longer than 12 months to com18 plete— 

19 ‘‘(i) an explanation of the causes for the 

20 delays incurred during the period covered by 

21 the report; and 

22 ‘‘(ii) the number of such delays involving a 

23 polygraph requirement. 

24 ‘‘(G) The percentage of security clearance in25 vestigations, including initial and periodic reinves-
253 

•HR 3494 EH

1 tigations, that resulted in a denial or revocation of 

2 a security clearance. 

3 ‘‘(H) The percentage of security clearance in4 vestigations that resulted in incomplete information. 

5 ‘‘(I) The percentage of security clearance inves6 tigations that did not result in enough information 

7 to make a decision on potentially adverse informa8 tion. 

9 ‘‘(3) The report required under this subsection shall 

10 be submitted in unclassified form, but may include a clas11 sified annex.’’; and 

12 (4) in subsection (c), as redesignated by para13 graph (2), by striking ‘‘subsection (a)(1)’’ and in14 serting ‘‘subsections (a)(1) and (b)’’. 

15 SEC. 2610. PERIODIC REPORT ON POSITIONS IN THE INTEL16 LIGENCE COMMUNITY THAT CAN BE CON17 DUCTED WITHOUT ACCESS TO CLASSIFIED 

18 INFORMATION, NETWORKS, OR FACILITIES. 

19 Not later than 180 days after the date of the enact20 ment of this Act and not less frequently than once every 

21 5 years thereafter, the Director of National Intelligence 

22 shall submit to the congressional intelligence committees 

23 a report that reviews the intelligence community for which 

24 positions can be conducted without access to classified in-
254 

•HR 3494 EH

1 formation, networks, or facilities, or may only require a 

2 security clearance at the secret level. 

3 SEC. 2611. INFORMATION SHARING PROGRAM FOR POSI4 TIONS OF TRUST AND SECURITY CLEAR5 ANCES. 

6 (a) PROGRAM REQUIRED.— 

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

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

9 Executive Agent and the Suitability and 

10 Credentialing Executive Agent shall establish and 

11 implement a program to share between and among 

12 agencies of the Federal Government and industry 

13 partners of the Federal Government relevant back14 ground information regarding individuals applying 

15 for and currently occupying national security posi16 tions and positions of trust, in order to ensure the 

17 Federal Government maintains a trusted workforce. 

18 (2) DESIGNATION.—The program established 

19 under paragraph (1) shall be known as the ‘‘Trusted 

20 Information Provider Program’’ (in this section re21 ferred to as the ‘‘Program’’). 

22 (b) PRIVACY SAFEGUARDS.—The Security Executive 

23 Agent and the Suitability and Credentialing Executive 

24 Agent shall ensure that the Program includes such safe25 guards for privacy as the Security Executive Agent and 
255 

•HR 3494 EH

1 the Suitability and Credentialing Executive Agent consider 

2 appropriate. 

3 (c) PROVISION OF INFORMATION TO THE FEDERAL

4 GOVERNMENT.—The Program shall include requirements 

5 that enable investigative service providers and agencies of 

6 the Federal Government to leverage certain pre-employ7 ment information gathered during the employment or mili8 tary recruiting process, and other relevant security or 

9 human resources information obtained during employment 

10 with or for the Federal Government, that satisfy Federal 

11 investigative standards, while safeguarding personnel pri12 vacy. 

13 (d) INFORMATION AND RECORDS.—The information 

14 and records considered under the Program shall include 

15 the following: 

16 (1) Date and place of birth. 

17 (2) Citizenship or immigration and naturaliza18 tion information. 

19 (3) Education records. 

20 (4) Employment records. 

21 (5) Employment or social references. 

22 (6) Military service records. 

23 (7) State and local law enforcement checks. 

24 (8) Criminal history checks. 

25 (9) Financial records or information. 
256 

•HR 3494 EH

1 (10) Foreign travel, relatives, or associations. 

2 (11) Social media checks. 

3 (12) Such other information or records as may 

4 be relevant to obtaining or maintaining national se5 curity, suitability, fitness, or credentialing eligibility. 

6 (e) IMPLEMENTATION PLAN.— 

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

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

9 Executive Agent and the Suitability and 

10 Credentialing Executive Agent shall jointly submit to 

11 the appropriate congressional committees and make 

12 available to appropriate industry partners a plan for 

13 the implementation of the Program. 

14 (2) ELEMENTS.—The plan required by para15 graph (1) shall include the following: 

16 (A) Mechanisms that address privacy, na17 tional security, suitability or fitness, 

18 credentialing, and human resources or military 

19 recruitment processes. 

20 (B) Such recommendations for legislative 

21 or administrative action as the Security Execu22 tive Agent and the Suitability and Credentialing 

23 Executive Agent consider appropriate to carry 

24 out or improve the Program. 
257 

•HR 3494 EH

1 (f) PLAN FOR PILOT PROGRAM ON TWO-WAY INFOR2 MATION SHARING.— 

3 (1) IN GENERAL.—Not later than 180 days 

4 after the date of the enactment of this Act, the Se5 curity Executive Agent and the Suitability and 

6 Credentialing Executive Agent shall jointly submit to 

7 the appropriate congressional committees and make 

8 available to appropriate industry partners a plan for 

9 the implementation of a pilot program to assess the 

10 feasibility and advisability of expanding the Program 

11 to include the sharing of information held by the 

12 Federal Government related to contract personnel 

13 with the security office of the employers of those 

14 contractor personnel. 

15 (2) ELEMENTS.—The plan required by para16 graph (1) shall include the following: 

17 (A) Mechanisms that address privacy, na18 tional security, suitability or fitness, 

19 credentialing, and human resources or military 

20 recruitment processes. 

21 (B) Such recommendations for legislative 

22 or administrative action as the Security Execu23 tive Agent and the Suitability and Credentialing 

24 Executive Agent consider appropriate to carry 

25 out or improve the pilot program. 
258 

•HR 3494 EH

1 (g) REVIEW.—Not later than 1 year after the date 

2 of the enactment of this Act, the Security Executive Agent 

3 and the Suitability and Credentialing Executive Agent 

4 shall jointly submit to the appropriate congressional com5 mittees and make available to appropriate industry part6 ners a review of the plans submitted under subsections 

7 (e)(1) and (f)(1) and utility and effectiveness of the pro8 grams described in such plans. 

9 SEC. 2612. REPORT ON PROTECTIONS FOR CONFIDEN10 TIALITY OF WHISTLEBLOWER-RELATED COM11 MUNICATIONS. 

12 Not later than 180 days after the date of the enact13 ment of this Act, the Security Executive Agent shall, in 

14 coordination with the Inspector General of the Intelligence 

15 Community, submit to the appropriate congressional com16 mittees a report detailing the controls employed by the in17 telligence community to ensure that continuous vetting 

18 programs, including those involving user activity moni19 toring, protect the confidentiality of whistleblower-related 

20 communications. 
259 

•HR 3494 EH

1 TITLE XXVII—REPORTS AND 

2 OTHER MATTERS 

3 Subtitle A—Matters Relating to 

4 Russia and Other Foreign Powers 

5 SEC. 2701. LIMITATION RELATING TO ESTABLISHMENT OR 

6 SUPPORT OF CYBERSECURITY UNIT WITH 

7 THE RUSSIAN FEDERATION. 

8 (a) APPROPRIATE CONGRESSIONAL COMMITTEES

9 DEFINED.—In this section, the term ‘‘appropriate con10 gressional committees’’ means— 

11 (1) the congressional intelligence committees; 

12 (2) the Committee on Armed Services of the 

13 Senate and the Committee on Armed Services of the 

14 House of Representatives; and 

15 (3) the Committee on Foreign Relations of the 

16 Senate and the Committee on Foreign Affairs of the 

17 House of Representatives. 

18 (b) LIMITATION.— 

19 (1) IN GENERAL.—No amount may be ex20 pended by the Federal Government, other than the 

21 Department of Defense, to enter into or implement 

22 any bilateral agreement between the United States 

23 and the Russian Federation regarding cybersecurity, 

24 including the establishment or support of any cyber25 security unit, unless, at least 30 days prior to the 
260 

•HR 3494 EH

1 conclusion of any such agreement, the Director of 

2 National Intelligence submits to the appropriate con3 gressional committees a report on such agreement 

4 that includes the elements required by subsection 

5 (c). 

6 (2) DEPARTMENT OF DEFENSE AGREE7 MENTS.—Any agreement between the Department of 

8 Defense and the Russian Federation regarding cy9 bersecurity shall be conducted in accordance with 

10 section 1232 of the National Defense Authorization 

11 Act for Fiscal Year 2017 (Public Law 114–328), as 

12 amended by section 1231 of the National Defense 

13 Authorization Act for Fiscal Year 2018 (Public Law 

14 115–91). 

15 (c) ELEMENTS.—If the Director submits a report 

16 under subsection (b) with respect to an agreement, such 

17 report shall include a description of each of the following: 

18 (1) The purpose of the agreement. 

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

20 pursuant to the agreement. 

21 (3) The expected value to national security re22 sulting from the implementation of the agreement. 

23 (4) Such counterintelligence concerns associated 

24 with the agreement as the Director may have and 
261 

•HR 3494 EH

1 such measures as the Director expects to be taken 

2 to mitigate such concerns. 

3 (d) RULE OF CONSTRUCTION.—This section shall not 

4 be construed to affect any existing authority of the Direc5 tor of National Intelligence, the Director of the Central 

6 Intelligence Agency, or another head of an element of the 

7 intelligence community, to share or receive foreign intel8 ligence on a case-by-case basis. 

9 SEC. 2702. REPORT ON RETURNING RUSSIAN COMPOUNDS. 

10 (a) COVERED COMPOUNDS DEFINED.—In this sec11 tion, the term ‘‘covered compounds’’ means the real prop12 erty in New York, the real property in Maryland, and the 

13 real property in San Francisco, California, that were 

14 under the control of the Government of Russia in 2016 

15 and were removed from such control in response to various 

16 transgressions by the Government of Russia, including the 

17 interference by the Government of Russia in the 2016 

18 election in the United States. 

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

20 180 days after the date of the enactment of this Act, the 

21 Director of National Intelligence shall submit to the con22 gressional intelligence committees, and the Committee on 

23 Foreign Relations of the Senate and the Committee on 

24 Foreign Affairs of the House of Representatives (only with 

25 respect to the unclassified report), a report on the intel-
262 

•HR 3494 EH

1 ligence risks of returning the covered compounds to Rus2 sian control. 

3 (c) FORM OF REPORT.—The report required by this 

4 section shall be submitted in classified and unclassified 

5 forms. 

6 SEC. 2703. ASSESSMENT OF THREAT FINANCE RELATING 

7 TO RUSSIA. 

8 (a) THREAT FINANCE DEFINED.—In this section, 

9 the term ‘‘threat finance’’ means— 

10 (1) the financing of cyber operations, global in11 fluence campaigns, intelligence service activities, pro12 liferation, terrorism, or transnational crime and 

13 drug organizations; 

14 (2) the methods and entities used to spend, 

15 store, move, raise, conceal, or launder money or 

16 value, on behalf of threat actors; 

17 (3) sanctions evasion; and 

18 (4) other forms of threat finance activity do19 mestically or internationally, as defined by the Presi20 dent. 

21 (b) REPORT REQUIRED.—Not later than 60 days 

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

23 of National Intelligence, in coordination with the Assistant 

24 Secretary of the Treasury for Intelligence and Analysis, 

25 shall submit to the congressional intelligence committees 
263 

•HR 3494 EH

1 a report containing an assessment of Russian threat fi2 nance. The assessment shall be based on intelligence from 

3 all sources, including from the Office of Terrorism and 

4 Financial Intelligence of the Department of the Treasury. 

5 (c) ELEMENTS.—The report required by subsection 

6 (b) shall include each of the following: 

7 (1) A summary of leading examples from the 3- 

8 year period preceding the date of the submittal of 

9 the report of threat finance activities conducted by, 

10 for the benefit of, or at the behest of— 

11 (A) officials of the Government of Russia; 

12 (B) persons subject to sanctions under any 

13 provision of law imposing sanctions with respect 

14 to Russia; 

15 (C) Russian nationals subject to sanctions 

16 under any other provision of law; or 

17 (D) Russian oligarchs or organized crimi18 nals. 

19 (2) An assessment with respect to any trends or 

20 patterns in threat finance activities relating to Rus21 sia, including common methods of conducting such 

22 activities and global nodes of money laundering used 

23 by Russian threat actors described in paragraph (1) 

24 and associated entities. 
264 

•HR 3494 EH

1 (3) An assessment of any connections between 

2 Russian individuals involved in money laundering 

3 and the Government of Russia. 

4 (4) A summary of engagement and coordination 

5 with international partners on threat finance relat6 ing to Russia, especially in Europe, including exam7 ples of such engagement and coordination. 

8 (5) An identification of any resource and collec9 tion gaps. 

10 (6) An identification of— 

11 (A) entry points of money laundering by 

12 Russian and associated entities into the United 

13 States; 

14 (B) any vulnerabilities within the United 

15 States legal and financial system, including spe16 cific sectors, which have been or could be ex17 ploited in connection with Russian threat fi18 nance activities; and 

19 (C) the counterintelligence threat posed by 

20 Russian money laundering and other forms of 

21 threat finance, as well as the threat to the 

22 United States financial system and United 

23 States efforts to enforce sanctions and combat 

24 organized crime. 
265 

•HR 3494 EH

1 (7) Any other matters the Director determines 

2 appropriate. 

3 (d) FORM OF REPORT.—The report required under 

4 subsection (b) may be submitted in classified form. 

5 SEC. 2704. NOTIFICATION OF AN ACTIVE MEASURES CAM6 PAIGN. 

7 (a) DEFINITIONS.—In this section: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional com10 mittees’’ means— 

11 (A) the congressional intelligence commit12 tees; 

13 (B) the Committee on Armed Services of 

14 the Senate and the Committee on Armed Serv15 ices of the House of Representatives; and 

16 (C) the Committee on Foreign Relations of 

17 the Senate and the Committee on Foreign Af18 fairs of the House of Representatives. 

19 (2) CONGRESSIONAL LEADERSHIP.—The term 

20 ‘‘congressional leadership’’ includes the following: 

21 (A) The majority leader of the Senate. 

22 (B) The minority leader of the Senate. 

23 (C) The Speaker of the House of Rep24 resentatives. 
266 

•HR 3494 EH

1 (D) The minority leader of the House of 

2 Representatives. 

3 (b) REQUIREMENT FOR NOTIFICATION.—The Direc4 tor of National Intelligence, in cooperation with the Direc5 tor of the Federal Bureau of Investigation and the head 

6 of any other relevant agency, shall notify the congressional 

7 leadership and the Chairman and Vice Chairman or Rank8 ing Member of each of the appropriate congressional com9 mittees, and of other relevant committees of jurisdiction, 

10 each time the Director of National Intelligence determines 

11 there is credible information that a foreign power has, is, 

12 or will attempt to employ a covert influence or active 

13 measures campaign with regard to the modernization, em14 ployment, doctrine, or force posture of the nuclear deter15 rent or missile defense. 

16 (c) CONTENT OF NOTIFICATION.—Each notification 

17 required by subsection (b) shall include information con18 cerning actions taken by the United States to expose or 

19 halt an attempt referred to in subsection (b). 

20 SEC. 2705. NOTIFICATION OF TRAVEL BY ACCREDITED DIP21 LOMATIC AND CONSULAR PERSONNEL OF 

22 THE RUSSIAN FEDERATION IN THE UNITED 

23 STATES. 

24 In carrying out the advance notification requirements 

25 set out in section 502 of the Intelligence Authorization 
267 

•HR 3494 EH

1 Act for Fiscal Year 2017 (division N of Public Law 115– 

2 31; 131 Stat. 825; 22 U.S.C. 254a note), the Secretary 

3 of State shall— 

4 (1) ensure that the Russian Federation provides 

5 notification to the Secretary of State at least 2 busi6 ness days in advance of all travel that is subject to 

7 such requirements by accredited diplomatic and con8 sular personnel of the Russian Federation in the 

9 United States, and take necessary action to secure 

10 full compliance by Russian personnel and address 

11 any noncompliance; and 

12 (2) provide notice of travel described in para13 graph (1) to the Director of National Intelligence 

14 and the Director of the Federal Bureau of Investiga15 tion within 1 hour of receiving notice of such travel. 

16 SEC. 2706. REPORT ON OUTREACH STRATEGY ADDRESSING 

17 THREATS FROM UNITED STATES ADVER18 SARIES TO THE UNITED STATES TECH19 NOLOGY SECTOR. 

20 (a) APPROPRIATE COMMITTEES OF CONGRESS DE21 FINED.—In this section, the term ‘‘appropriate commit22 tees of Congress’’ means— 

23 (1) the congressional intelligence committees; 
268 

•HR 3494 EH

1 (2) the Committee on Armed Services and the 

2 Committee on Homeland Security and Governmental 

3 Affairs of the Senate; and 

4 (3) the Committee on Armed Services, Com5 mittee on Homeland Security, and the Committee on 

6 Oversight and Reform of the House of Representa7 tives. 

8 (b) REPORT REQUIRED.—Not later than 180 days 

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

10 of National Intelligence shall submit to the appropriate 

11 committees of Congress a report detailing outreach by the 

12 intelligence community and the Defense Intelligence En13 terprise to United States industrial, commercial, scientific, 

14 technical, and academic communities on matters relating 

15 to the efforts of adversaries of the United States to ac16 quire critical United States technology, intellectual prop17 erty, and research and development information. 

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

19 (b) shall include the following: 

20 (1) A review of the current outreach efforts of 

21 the intelligence community and the Defense Intel22 ligence Enterprise described in subsection (b), in23 cluding the type of information conveyed in the out24 reach. 
269 

•HR 3494 EH

1 (2) A determination of the appropriate element 

2 of the intelligence community to lead such outreach 

3 efforts. 

4 (3) An assessment of potential methods for im5 proving the effectiveness of such outreach, including 

6 an assessment of the following: 

7 (A) Those critical technologies, infrastruc8 ture, or related supply chains that are at risk 

9 from the efforts of adversaries described in sub10 section (b). 

11 (B) The necessity and advisability of 

12 granting security clearances to company or 

13 community leadership, when necessary and ap14 propriate, to allow for tailored classified brief15 ings on specific targeted threats. 

16 (C) The advisability of partnering with en17 tities of the Federal Government that are not 

18 elements of the intelligence community and rel19 evant regulatory and industry groups described 

20 in subsection (b), to convey key messages across 

21 sectors targeted by United States adversaries. 

22 (D) Strategies to assist affected elements 

23 of the communities described in subparagraph 

24 (C) in mitigating, deterring, and protecting 

25 against the broad range of threats from the ef-
270 

•HR 3494 EH

1 forts of adversaries described in subsection (b), 

2 with focus on producing information that en3 ables private entities to justify business deci4 sions related to national security concerns. 

5 (E) The advisability of the establishment 

6 of a United States Government-wide task force 

7 to coordinate outreach and activities to combat 

8 the threats from efforts of adversaries described 

9 in subsection (b). 

10 (F) Such other matters as the Director of 

11 National Intelligence may consider necessary. 

12 (d) CONSULTATION ENCOURAGED.—In preparing the 

13 report required by subsection (b), the Director is encour14 aged to consult with other government agencies, think 

15 tanks, academia, representatives of the financial industry, 

16 or such other entities as the Director considers appro17 priate. 

18 (e) FORM.—The report required by subsection (b) 

19 shall be submitted in unclassified form, but may include 

20 a classified annex as necessary. 

21 SEC. 2707. REPORT ON IRANIAN SUPPORT OF PROXY 

22 FORCES IN SYRIA AND LEBANON. 

23 (a) DEFINITIONS.—In this section: 
271 

•HR 3494 EH

1 (1) APPROPRIATE COMMITTEES OF CON2 GRESS.—The term ‘‘appropriate committees of Con3 gress’’ means— 

4 (A) the Committee on Armed Services, the 

5 Committee on Foreign Relations, and the Select 

6 Committee on Intelligence of the Senate; and 

7 (B) the Committee on Armed Services, the 

8 Committee on Foreign Affairs, and the Perma9 nent Select Committee on Intelligence of the 

10 House of Representatives. 

11 (2) ARMS OR RELATED MATERIAL.—The term 

12 ‘‘arms or related material’’ means— 

13 (A) nuclear, biological, chemical, or radio14 logical weapons or materials or components of 

15 such weapons; 

16 (B) ballistic or cruise missile weapons or 

17 materials or components of such weapons; 

18 (C) destabilizing numbers and types of ad19 vanced conventional weapons; 

20 (D) defense articles or defense services, as 

21 those terms are defined in paragraphs (3) and 

22 (4), respectively, of section 47 of the Arms Ex23 port Control Act (22 U.S.C. 2794); 
272 

•HR 3494 EH

1 (E) defense information, as that term is 

2 defined in section 644 of the Foreign Assist3 ance Act of 1961 (22 U.S.C. 2403); or 

4 (F) items designated by the President for 

5 purposes of the United States Munitions List 

6 under section 38(a)(1) of the Arms Export 

7 Control Act (22 U.S.C. 2778(a)(1)). 

8 (b) REPORT REQUIRED.—Not later than 180 days 

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

10 of National Intelligence shall submit to the appropriate 

11 committees of Congress a report on Iranian support of 

12 proxy forces in Syria and Lebanon and the threat posed 

13 to Israel, other United States regional allies, and other 

14 specified interests of the United States as a result of such 

15 support. 

16 (c) MATTERS FOR INCLUSION.—The report required 

17 under subsection (b) shall include information relating to 

18 the following matters with respect to both the strategic 

19 and tactical implications for the United States and its al20 lies: 

21 (1) A description of arms or related materiel 

22 transferred by Iran to Hizballah since March 2011, 

23 including the number of such arms or related mate24 riel and whether such transfer was by land, sea, or 
273 

•HR 3494 EH

1 air, as well as financial and additional technological 

2 capabilities transferred by Iran to Hizballah. 

3 (2) A description of Iranian and Iranian-con4 trolled personnel, including Hizballah, Shiite mili5 tias, and Iran’s Revolutionary Guard Corps forces, 

6 operating within Syria, including the number and 

7 geographic distribution of such personnel operating 

8 within 30 kilometers of the Israeli borders with 

9 Syria and Lebanon. 

10 (3) An assessment of Hizballah’s operational 

11 lessons learned based on its recent experiences in 

12 Syria. 

13 (4) A description of any rocket-producing facili14 ties in Lebanon for nonstate actors, including wheth15 er such facilities were assessed to be built at the di16 rection of Hizballah leadership, Iranian leadership, 

17 or in consultation between Iranian leadership and 

18 Hizballah leadership. 

19 (5) An analysis of the foreign and domestic 

20 supply chains that significantly facilitate, support, or 

21 otherwise aid Hizballah’s acquisition or development 

22 of missile production facilities, including the geo23 graphic distribution of such foreign and domestic 

24 supply chains. 
274 

•HR 3494 EH

1 (6) An assessment of the provision of goods, 

2 services, or technology transferred by Iran or its af3 filiates to Hizballah to indigenously manufacture or 

4 otherwise produce missiles. 

5 (7) An identification of foreign persons that are 

6 based on credible information, facilitating the trans7 fer of significant financial support or arms or re8 lated materiel to Hizballah. 

9 (8) A description of the threat posed to Israel 

10 and other United States allies in the Middle East by 

11 the transfer of arms or related material or other 

12 support offered to Hizballah and other proxies from 

13 Iran. 

14 (d) FORM OF REPORT.—The report required under 

15 subsection (b) shall be submitted in unclassified form, but 

16 may include a classified annex. 

17 SEC. 2708. ANNUAL REPORT ON IRANIAN EXPENDITURES 

18 SUPPORTING FOREIGN MILITARY AND TER19 RORIST ACTIVITIES. 

20 (a) ANNUAL REPORT REQUIRED.—Not later than 90 

21 days after the date of the enactment of this Act and not 

22 less frequently than once each year thereafter, the Direc23 tor of National Intelligence shall submit to Congress a re24 port describing Iranian expenditures in the previous cal-
275 

•HR 3494 EH

1 endar year on military and terrorist activities outside the 

2 country, including each of the following: 

3 (1) The amount spent in such calendar year on 

4 activities by the Islamic Revolutionary Guard Corps, 

5 including activities providing support for— 

6 (A) Hizballah; 

7 (B) Houthi rebels in Yemen; 

8 (C) Hamas; 

9 (D) proxy forces in Iraq and Syria; or 

10 (E) any other entity or country the Direc11 tor determines to be relevant. 

12 (2) The amount spent in such calendar year for 

13 ballistic missile research and testing or other activi14 ties that the Director determines are destabilizing to 

15 the Middle East region. 

16 (b) FORM.—The report required under subsection (a) 

17 shall be submitted in unclassified form, but may include 

18 a classified annex. 

19 SEC. 2709. EXPANSION OF SCOPE OF COMMITTEE TO 

20 COUNTER ACTIVE MEASURES AND REPORT 

21 ON ESTABLISHMENT OF FOREIGN MALIGN IN22 FLUENCE CENTER. 

23 (a) SCOPE OF COMMITTEE TO COUNTER ACTIVE

24 MEASURES.— 
276 

•HR 3494 EH

1 (1) IN GENERAL.—Section 501 of the Intel2 ligence Authorization Act for Fiscal Year 2017 

3 (Public Law 115–31; 50 U.S.C. 3001 note) is 

4 amended— 

5 (A) in subsections (a) through (h)— 

6 (i) by inserting ‘‘, the People’s Repub7 lic of China, the Islamic Republic of Iran, 

8 the Democratic People’s Republic of 

9 Korea, or other nation state’’ after ‘‘Rus10 sian Federation’’ each place it appears; 

11 and 

12 (ii) by inserting ‘‘, China, Iran, North 

13 Korea, or other nation state’’ after ‘‘Rus14 sia’’ each place it appears; and 

15 (B) in the section heading, by inserting ‘‘, 

16 THE PEOPLE’S REPUBLIC OF CHINA, THE

17 ISLAMIC REPUBLIC OF IRAN, THE DEMO18 CRATIC PEOPLE’S REPUBLIC OF KOREA, 

19 OR OTHER NATION STATE’’ after ‘‘RUSSIAN

20 FEDERATION’’. 

21 (2) CLERICAL AMENDMENT.—The table of con22 tents in section 1(b) of such Act is amended by 

23 striking the item relating to section 501 and insert24 ing the following new item: 
277 

•HR 3494 EH

‘‘Sec. 501. Committee to counter active measures by the Russian Federation, 

the People’s Republic of China, the Islamic Republic of Iran, 

the Democratic People’s Republic of Korea, or other nation 

states to exert covert influence over peoples and governments.’’. 

1 (b) REPORT ON FOREIGN MALIGN INFLUENCE RE2 SPONSE.— 

3 (1) IN GENERAL.—Not later than 180 days 

4 after the date of the enactment of this Act, the Di5 rector of National Intelligence, in coordination with 

6 such elements of the intelligence community as the 

7 Director considers relevant, shall submit to the con8 gressional intelligence committees a report on the 

9 feasibility and advisability of establishing a center, 

10 to be known as the ‘‘Foreign Malign Influence Re11 sponse Center’’, that— 

12 (A) is comprised of analysts from all ap13 propriate elements of the intelligence commu14 nity, including elements with related diplomatic 

15 and law enforcement functions; 

16 (B) has access to all intelligence and other 

17 reporting acquired by the United States Gov18 ernment on foreign efforts to influence, through 

19 overt and covert malign activities, United 

20 States political processes and elections; 

21 (C) provides comprehensive assessment, 

22 and indications and warning, of such activities; 

23 and 
278 

•HR 3494 EH

1 (D) provides for enhanced dissemination of 

2 such assessment to United States policy mak3 ers. 

4 (2) CONTENTS.—The report required by para5 graph (1) shall include the following: 

6 (A) A discussion of the desirability of the 

7 establishment of such center and any barriers 

8 to such establishment. 

9 (B) Such recommendations and other mat10 ters as the Director considers appropriate. 

11 (c) REPORT ON ABILITY TO IDENTIFY FOREIGN IN12 FLUENCE EFFORTS.— 

13 (1) IN GENERAL.—Not later than 180 days 

14 after the date of the enactment of this Act, the Di15 rector of National Intelligence shall submit to the 

16 congressional intelligence committees a report con17 cerning the ability of the intelligence community 

18 to— 

19 (A) identify foreign influence efforts aimed 

20 at sowing discord or interfering, or both, in the 

21 political processes of the United States; and 

22 (B) report such efforts to appropriate au23 thorities. 

24 (2) CONTENTS.—The report under paragraph 

25 (1) shall include the following: 
279 

•HR 3494 EH

1 (A) A description of the current level of 

2 ongoing communication and coordination across 

3 the intelligence community and law enforce4 ment, including the Department of Justice, the 

5 Department of State, the Department of Home6 land Security, and the Federal Bureau of Inves7 tigation, with respect to combating foreign in8 fluence efforts described in subparagraph (A) of 

9 such paragraph. 

10 (B) Identification of the offices or compo11 nents of the departments and agencies of the 

12 Federal Government that are tasked with any 

13 responsibility with respect to combating such 

14 foreign influence efforts. 

15 (C) Identification of the number of per16 sonnel within each element of the intelligence 

17 community and other elements of the Federal 

18 Government that are focused on combating 

19 such foreign influence efforts, whether on a 

20 temporary or permanent basis. 

21 (D) Identification of the legal authorities 

22 that are most relevant to combating such for23 eign influence efforts, including— 

24 (i) which such legal authorities pose 

25 challenges or barriers to effectively combat 
280 

•HR 3494 EH

1 such foreign influence efforts and a de2 scription of the reasons for such challenges 

3 or barriers; and 

4 (ii) which such legal authorities pose 

5 challenges or barriers with respect to ele6 ments of the intelligence community and 

7 other elements of the Federal Government 

8 working together to combat such foreign 

9 influence efforts and a description of the 

10 reasons for such challenges or barriers. 

11 (E) A description of the current level of 

12 communication or engagement between the in13 telligence community and private internet-plat14 forms or social media companies with respect to 

15 combating such foreign influence efforts. 

16 (F) A description of the additional re17 sources the Director determines is necessary to 

18 effectively identify such foreign influence ef19 forts, and the roles and responsibilities across 

20 the intelligence community that would best sup21 port the shared objective of identifying such 

22 foreign influence efforts. 

23 (G) Any other matters the Director deter24 mines appropriate. 
281 

•HR 3494 EH

1 (3) FORM.—The report under paragraph (1) 

2 may be submitted in classified form. 

3 Subtitle B—Reports 

4 SEC. 2711. TECHNICAL CORRECTION TO INSPECTOR GEN5 ERAL STUDY. 

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

7 amended— 

8 (1) in the subsection heading, by striking 

9 ‘‘AUDIT’’ and inserting ‘‘REVIEW’’; 

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

11 inserting ‘‘review’’; and 

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

13 inserting ‘‘review’’. 

14 SEC. 2712. REPORTS ON AUTHORITIES OF THE CHIEF IN15 TELLIGENCE OFFICER OF THE DEPARTMENT 

16 OF HOMELAND SECURITY. 

17 (a) DEFINITIONS.—In this section: 

18 (1) APPROPRIATE COMMITTEES OF CON19 GRESS.—The term ‘‘appropriate committees of Con20 gress’’ means— 

21 (A) the congressional intelligence commit22 tees; 

23 (B) the Committee on Homeland Security 

24 and Governmental Affairs of the Senate; and 
282 

•HR 3494 EH

1 (C) the Committee on Homeland Security 

2 of the House of Representatives. 

3 (2) HOMELAND SECURITY INTELLIGENCE EN4 TERPRISE.—The term ‘‘Homeland Security Intel5 ligence Enterprise’’ has the meaning given such 

6 term in Department of Homeland Security Instruc7 tion Number 264–01–001, or successor authority. 

8 (b) REPORT REQUIRED.—Not later than 120 days 

9 after the date of the enactment of this Act, the Secretary 

10 of Homeland Security, in consultation with the Under Sec11 retary of Homeland Security for Intelligence and Analysis, 

12 shall submit to the appropriate committees of Congress 

13 a report on the authorities of the Under Secretary. 

14 (c) ELEMENTS.—The report required by subsection 

15 (b) shall include each of the following: 

16 (1) An analysis of whether the Under Secretary 

17 has the legal and policy authority necessary to orga18 nize and lead the Homeland Security Intelligence 

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

20 a description of— 

21 (A) the obstacles to exercising the authori22 ties of the Chief Intelligence Officer of the De23 partment and the Homeland Security Intel24 ligence Council, of which the Chief Intelligence 

25 Officer is the chair; and 
283 

•HR 3494 EH

1 (B) the legal and policy changes necessary 

2 to effectively coordinate, organize, and lead in3 telligence activities of the Department of Home4 land Security. 

5 (2) A description of the actions that the Sec6 retary has taken to address the inability of the 

7 Under Secretary to require components of the De8 partment, other than the Office of Intelligence and 

9 Analysis of the Department to— 

10 (A) coordinate intelligence programs; and 

11 (B) integrate and standardize intelligence 

12 products produced by such other components. 

13 SEC. 2713. REVIEW OF INTELLIGENCE COMMUNITY WHIS14 TLEBLOWER MATTERS. 

15 (a) REVIEW OF WHISTLEBLOWER MATTERS.—The 

16 Inspector General of the Intelligence Community, in con17 sultation with the inspectors general for the Central Intel18 ligence Agency, the National Security Agency, the Na19 tional Geospatial-Intelligence Agency, the Defense Intel20 ligence Agency, and the National Reconnaissance Office, 

21 shall conduct a review of the authorities, policies, inves22 tigatory standards, and other practices and procedures re23 lating to intelligence community whistleblower matters, 

24 with respect to such inspectors general. 
284 

•HR 3494 EH

1 (b) OBJECTIVE OF REVIEW.—The objective of the re2 view required under subsection (a) is to identify any dis3 crepancies, inconsistencies, or other issues, which frustrate 

4 the timely and effective reporting of intelligence commu5 nity whistleblower matters to appropriate inspectors gen6 eral and to the congressional intelligence committees, and 

7 the fair and expeditious investigation and resolution of 

8 such matters. 

9 (c) CONDUCT OF REVIEW.—The Inspector General of 

10 the Intelligence Community shall take such measures as 

11 the Inspector General determines necessary in order to en12 sure that the review required by subsection (a) is con13 ducted in an independent and objective fashion. 

14 (d) REPORT.—Not later than 270 days after the date 

15 of the enactment of this Act, the Inspector General of the 

16 Intelligence Community shall submit to the congressional 

17 intelligence committees a written report containing the re18 sults of the review required under subsection (a), along 

19 with recommendations to improve the timely and effective 

20 reporting of intelligence community whistleblower matters 

21 to inspectors general and to the congressional intelligence 

22 committees and the fair and expeditious investigation and 

23 resolution of such matters. 
285 

•HR 3494 EH

1 SEC. 2714. REPORT ON ROLE OF DIRECTOR OF NATIONAL 

2 INTELLIGENCE WITH RESPECT TO CERTAIN 

3 FOREIGN INVESTMENTS. 

4 (a) REPORT.—Not later than 180 days after the date 

5 of the enactment of this Act, the Director of National In6 telligence, in consultation with the heads of the elements 

7 of the intelligence community determined appropriate by 

8 the Director, shall submit to the congressional intelligence 

9 committees a report on the role of the Director in pre10 paring analytic materials in connection with the evaluation 

11 by the Federal Government of national security risks asso12 ciated with potential foreign investments into the United 

13 States. 

14 (b) ELEMENTS.—The report under subsection (a) 

15 shall include— 

16 (1) a description of the current process for the 

17 provision of the analytic materials described in sub18 section (a); 

19 (2) an identification of the most significant ben20 efits and drawbacks of such process with respect to 

21 the role of the Director, including the sufficiency of 

22 resources and personnel to prepare such materials; 

23 and 

24 (3) recommendations to improve such process. 
286 

•HR 3494 EH

1 SEC. 2715. REPORT ON SURVEILLANCE BY FOREIGN GOV2 ERNMENTS AGAINST UNITED STATES TELE3 COMMUNICATIONS NETWORKS. 

4 (a) APPROPRIATE CONGRESSIONAL COMMITTEES

5 DEFINED.—In this section, the term ‘‘appropriate con6 gressional committees’’ means the following: 

7 (1) The congressional intelligence committees. 

8 (2) The Committee on the Judiciary and the 

9 Committee on Homeland Security and Governmental 

10 Affairs of the Senate. 

11 (3) The Committee on the Judiciary and the 

12 Committee on Homeland Security of the House of 

13 Representatives. 

14 (b) REPORT.—Not later than 180 days after the date 

15 of the enactment of this Act, the Director of National In16 telligence shall, in coordination with the Director of the 

17 Central Intelligence Agency, the Director of the National 

18 Security Agency, the Director of the Federal Bureau of 

19 Investigation, and the Secretary of Homeland Security, 

20 submit to the appropriate congressional committees a re21 port describing— 

22 (1) any attempts known to the intelligence com23 munity by foreign governments to exploit cybersecu24 rity vulnerabilities in United States telecommuni25 cations networks (including Signaling System No. 7) 
287 

•HR 3494 EH

1 to target for surveillance United States persons, in2 cluding employees of the Federal Government; and 

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

4 of this Act, taken by the intelligence community to 

5 protect agencies and personnel of the United States 

6 Government from surveillance conducted by foreign 

7 governments. 

8 SEC. 2716. BIENNIAL REPORT ON FOREIGN INVESTMENT 

9 RISKS. 

10 (a) INTELLIGENCE COMMUNITY INTERAGENCY

11 WORKING GROUP.— 

12 (1) REQUIREMENT TO ESTABLISH.—The Direc13 tor of National Intelligence shall establish an intel14 ligence community interagency working group to 

15 prepare the biennial reports required by subsection 

16 (b). 

17 (2) CHAIRPERSON.—The Director of National 

18 Intelligence shall serve as the chairperson of such 

19 interagency working group. 

20 (3) MEMBERSHIP.—Such interagency working 

21 group shall be composed of representatives of each 

22 element of the intelligence community that the Di23 rector of National Intelligence determines appro24 priate. 
288 

•HR 3494 EH

1 (b) BIENNIAL REPORT ON FOREIGN INVESTMENT

2 RISKS.— 

3 (1) REPORT REQUIRED.—Not later than 180 

4 days after the date of the enactment of this Act and 

5 not less frequently than once every 2 years there6 after, the Director of National Intelligence shall sub7 mit to the congressional intelligence committees, the 

8 Committee on Homeland Security and Governmental 

9 Affairs of the Senate, and the Committee on Home10 land Security of the House of Representatives a re11 port on foreign investment risks prepared by the 

12 interagency working group established under sub13 section (a). 

14 (2) ELEMENTS.—Each report required by para15 graph (1) shall include identification, analysis, and 

16 explanation of the following: 

17 (A) Any current or projected major threats 

18 to the national security of the United States 

19 with respect to foreign investment. 

20 (B) Any strategy used by a foreign country 

21 that such interagency working group has identi22 fied to be a country of special concern to use 

23 foreign investment to target the acquisition of 

24 critical technologies, critical materials, or crit25 ical infrastructure. 
289 

•HR 3494 EH

1 (C) Any economic espionage efforts di2 rected at the United States by a foreign coun3 try, particularly such a country of special con4 cern. 

5 SEC. 2717. MODIFICATION OF CERTAIN REPORTING RE6 QUIREMENT ON TRAVEL OF FOREIGN DIP7 LOMATS. 

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

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

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

11 SEC. 2718. SEMIANNUAL REPORTS ON INVESTIGATIONS OF 

12 UNAUTHORIZED DISCLOSURES OF CLASSI13 FIED INFORMATION. 

14 (a) IN GENERAL.—Title XI of the National Security 

15 Act of 1947 (50 U.S.C. 3231 et seq.) is amended by add16 ing at the end the following new section: 

17 ‘‘SEC. 1105. SEMIANNUAL REPORTS ON INVESTIGATIONS OF 

18 UNAUTHORIZED DISCLOSURES OF CLASSI19 FIED INFORMATION. 

20 ‘‘(a) DEFINITIONS.—In this section: 

21 ‘‘(1) COVERED OFFICIAL.—The term ‘covered 

22 official’ means— 

23 ‘‘(A) the heads of each element of the in24 telligence community; and 
290 

•HR 3494 EH

1 ‘‘(B) the inspectors general with oversight 

2 responsibility for an element of the intelligence 

3 community. 

4 ‘‘(2) INVESTIGATION.—The term ‘investigation’ 

5 means any inquiry, whether formal or informal, into 

6 the existence of an unauthorized public disclosure of 

7 classified information. 

8 ‘‘(3) UNAUTHORIZED DISCLOSURE OF CLASSI9 FIED INFORMATION.—The term ‘unauthorized dis10 closure of classified information’ means any unau11 thorized disclosure of classified information to any 

12 recipient. 

13 ‘‘(4) UNAUTHORIZED PUBLIC DISCLOSURE OF

14 CLASSIFIED INFORMATION.—The term ‘unauthorized 

15 public disclosure of classified information’ means the 

16 unauthorized disclosure of classified information to a 

17 journalist or media organization. 

18 ‘‘(b) INTELLIGENCE COMMUNITY REPORTING.— 

19 ‘‘(1) IN GENERAL.—Not less frequently than 

20 once every 6 months, each covered official shall sub21 mit to the congressional intelligence committees a 

22 report on investigations of unauthorized public dis23 closures of classified information. 
291 

•HR 3494 EH

1 ‘‘(2) ELEMENTS.—Each report submitted under 

2 paragraph (1) shall include, with respect to the pre3 ceding 6-month period, the following: 

4 ‘‘(A) The number of investigations opened 

5 by the covered official regarding an unauthor6 ized public disclosure of classified information. 

7 ‘‘(B) The number of investigations com8 pleted by the covered official regarding an un9 authorized public disclosure of classified infor10 mation. 

11 ‘‘(C) Of the number of such completed in12 vestigations identified under subparagraph (B), 

13 the number referred to the Attorney General 

14 for criminal investigation. 

15 ‘‘(c) DEPARTMENT OF JUSTICE REPORTING.— 

16 ‘‘(1) IN GENERAL.—Not less frequently than 

17 once every 6 months, the Assistant Attorney General 

18 for National Security of the Department of Justice, 

19 in consultation with the Director of the Federal Bu20 reau of Investigation, shall submit to the congres21 sional intelligence committees, the Committee on the 

22 Judiciary of the Senate, and the Committee on the 

23 Judiciary of the House of Representatives a report 

24 on the status of each referral made to the Depart25 ment of Justice from any element of the intelligence 
292 

•HR 3494 EH

1 community regarding an unauthorized disclosure of 

2 classified information made during the most recent 

3 365-day period or any referral that has not yet been 

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

5 ‘‘(2) CONTENTS.—Each report submitted under 

6 paragraph (1) shall include, for each referral covered 

7 by the report, at a minimum, the following: 

8 ‘‘(A) The date the referral was received. 

9 ‘‘(B) A statement indicating whether the 

10 alleged unauthorized disclosure described in the 

11 referral was substantiated by the Department 

12 of Justice. 

13 ‘‘(C) A statement indicating the highest 

14 level of classification of the information that 

15 was revealed in the unauthorized disclosure. 

16 ‘‘(D) A statement indicating whether an 

17 open criminal investigation related to the refer18 ral is active. 

19 ‘‘(E) A statement indicating whether any 

20 criminal charges have been filed related to the 

21 referral. 

22 ‘‘(F) A statement indicating whether the 

23 Department of Justice has been able to at24 tribute the unauthorized disclosure to a par25 ticular entity or individual. 
293 

•HR 3494 EH

1 ‘‘(d) FORM OF REPORTS.—Each report submitted 

2 under this section shall be submitted in unclassified form, 

3 but may have a classified annex.’’. 

4 (b) CLERICAL AMENDMENT.—The table of contents 

5 in the first section of the National Security Act of 1947 

6 is amended by inserting after the item relating to section 

7 1104 the following new item: 

‘‘Sec. 1105. Semiannual reports on investigations of unauthorized disclosures of 

classified information.’’. 

8 SEC. 2719. CONGRESSIONAL NOTIFICATION OF DESIGNA9 TION OF COVERED INTELLIGENCE OFFICER 

10 AS PERSONA NON GRATA. 

11 (a) COVERED INTELLIGENCE OFFICER DEFINED.— 

12 In this section, the term ‘‘covered intelligence officer’’ 

13 means— 

14 (1) a United States intelligence officer serving 

15 in a post in a foreign country; or 

16 (2) a known or suspected foreign intelligence of17 ficer serving in a United States post. 

18 (b) REQUIREMENT FOR REPORTS.—Not later than 

19 72 hours after a covered intelligence officer is designated 

20 as a persona non grata, the Director of National Intel21 ligence, in consultation with the Secretary of State, shall 

22 submit to the congressional intelligence committees, the 

23 Committee on Foreign Relations of the Senate, and the 

24 Committee on Foreign Affairs of the House of Representa-
294 

•HR 3494 EH

1 tives a notification of that designation. Each such notifica2 tion 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 SEC. 2720. REPORTS ON INTELLIGENCE COMMUNITY PAR7 TICIPATION IN VULNERABILITIES EQUITIES 

8 PROCESS OF FEDERAL GOVERNMENT. 

9 (a) DEFINITIONS.—In this section: 

10 (1) VULNERABILITIES EQUITIES POLICY AND

11 PROCESS DOCUMENT.—The term ‘‘Vulnerabilities 

12 Equities Policy and Process document’’ means the 

13 executive branch document entitled ‘‘Vulnerabilities 

14 Equities Policy and Process’’ dated November 15, 

15 2017. 

16 (2) VULNERABILITIES EQUITIES PROCESS.— 

17 The term ‘‘Vulnerabilities Equities Process’’ means 

18 the interagency review of vulnerabilities, pursuant to 

19 the Vulnerabilities Equities Policy and Process docu20 ment or any successor document. 

21 (3) VULNERABILITY.—The term ‘‘vulnerability’’ 

22 means a weakness in an information system or its 

23 components (for example, system security proce24 dures, hardware design, and internal controls) that 
295 

•HR 3494 EH

1 could be exploited or could affect confidentiality, in2 tegrity, or availability of information. 

3 (b) REPORTS ON PROCESS AND CRITERIA UNDER

4 VULNERABILITIES EQUITIES POLICY AND PROCESS.— 

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

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

7 of National Intelligence shall submit to the congres8 sional intelligence committees a written report de9 scribing— 

10 (A) with respect to each element of the in11 telligence community— 

12 (i) the title of the official or officials 

13 responsible for determining whether, pur14 suant to criteria contained in the 

15 Vulnerabilities Equities Policy and Process 

16 document or any successor document, a 

17 vulnerability must be submitted for review 

18 under the Vulnerabilities Equities Process; 

19 and 

20 (ii) the process used by such element 

21 to make such determination; and 

22 (B) the roles or responsibilities of that ele23 ment during a review of a vulnerability sub24 mitted to the Vulnerabilities Equities Process. 
296 

•HR 3494 EH

1 (2) CHANGES TO PROCESS OR CRITERIA.—Not 

2 later than 30 days after any significant change is 

3 made to the process and criteria used by any ele4 ment of the intelligence community for determining 

5 whether to submit a vulnerability for review under 

6 the Vulnerabilities Equities Process, such element 

7 shall submit to the congressional intelligence com8 mittees a report describing such change. 

9 (3) FORM OF REPORTS.—Each report sub10 mitted under this subsection shall be submitted in 

11 unclassified form, but may include a classified 

12 annex. 

13 (c) ANNUAL REPORTS.— 

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

15 once each calendar year, the Director of National In16 telligence shall submit to the congressional intel17 ligence committees a classified report containing, 

18 with respect to the previous year— 

19 (A) the number of vulnerabilities submitted 

20 for review under the Vulnerabilities Equities 

21 Process; 

22 (B) the number of vulnerabilities described 

23 in subparagraph (A) disclosed to each vendor 

24 responsible for correcting the vulnerability, or 
297 

•HR 3494 EH

1 to the public, pursuant to the Vulnerabilities 

2 Equities Process; and 

3 (C) the aggregate number, by category, of 

4 the vulnerabilities excluded from review under 

5 the Vulnerabilities Equities Process, as de6 scribed in paragraph 5.4 of the Vulnerabilities 

7 Equities Policy and Process document. 

8 (2) UNCLASSIFIED INFORMATION.—Each report 

9 submitted under paragraph (1) shall include an un10 classified appendix that contains— 

11 (A) the aggregate number of vulnerabilities 

12 disclosed to vendors or the public pursuant to 

13 the Vulnerabilities Equities Process; and 

14 (B) the aggregate number of vulnerabilities 

15 disclosed to vendors or the public pursuant to 

16 the Vulnerabilities Equities Process known to 

17 have been patched. 

18 (3) NON-DUPLICATION.—The Director of Na19 tional Intelligence may forgo submission of an an20 nual report required under this subsection for a cal21 endar year, if the Director notifies the intelligence 

22 committees in writing that, with respect to the same 

23 calendar year, an annual report required by para24 graph 4.3 of the Vulnerabilities Equities Policy and 

25 Process document already has been submitted to 
298 

•HR 3494 EH

1 Congress, and such annual report contains the infor2 mation that would otherwise be required to be in3 cluded in an annual report under this subsection. 

4 SEC. 2721. INSPECTORS GENERAL REPORTS ON CLASSI5 FICATION. 

6 (a) REPORTS REQUIRED.—Not later than October 1, 

7 2019, each Inspector General listed in subsection (b) shall 

8 submit to the congressional intelligence committees a re9 port that includes, with respect to the department or agen10 cy of the Inspector General, analyses of the following: 

11 (1) The accuracy of the application of classi12 fication and handling markers on a representative 

13 sample of finished reports, including such reports 

14 that are compartmented. 

15 (2) Compliance with declassification procedures. 

16 (3) The effectiveness of processes for identi17 fying topics of public or historical importance that 

18 merit prioritization for a declassification review. 

19 (b) INSPECTORS GENERAL LISTED.—The Inspectors 

20 General listed in this subsection are as follows: 

21 (1) The Inspector General of the Intelligence 

22 Community. 

23 (2) The Inspector General of the Central Intel24 ligence Agency. 
299 

•HR 3494 EH

1 (3) The Inspector General of the National Se2 curity Agency. 

3 (4) The Inspector General of the Defense Intel4 ligence Agency. 

5 (5) The Inspector General of the National Re6 connaissance Office. 

7 (6) The Inspector General of the National 

8 Geospatial-Intelligence Agency. 

9 SEC. 2722. REPORTS ON GLOBAL WATER INSECURITY AND 

10 NATIONAL SECURITY IMPLICATIONS AND 

11 BRIEFING ON EMERGING INFECTIOUS DIS12 EASE AND PANDEMICS. 

13 (a) REPORTS ON GLOBAL WATER INSECURITY AND

14 NATIONAL SECURITY IMPLICATIONS.— 

15 (1) REPORTS REQUIRED.—Not later than 180 

16 days after the date of the enactment of this Act and 

17 not less frequently than once every 5 years there18 after, the Director of National Intelligence shall sub19 mit to the congressional intelligence committees a 

20 report on the implications of water insecurity on the 

21 national security interest of the United States, in22 cluding consideration of social, economic, agricul23 tural, and environmental factors. 

24 (2) ASSESSMENT SCOPE AND FOCUS.—Each re25 port submitted under paragraph (1) shall include an 
300 

•HR 3494 EH

1 assessment of water insecurity described in such 

2 subsection with a global scope, but focus on areas of 

3 the world— 

4 (A) of strategic, economic, or humanitarian 

5 interest to the United States— 

6 (i) that are, as of the date of the re7 port, at the greatest risk of instability, 

8 conflict, human insecurity, or mass dis9 placement; or 

10 (ii) where challenges relating to water 

11 insecurity are likely to emerge and become 

12 significant during the 5-year or the 20- 

13 year period beginning on the date of the 

14 report; and 

15 (B) where challenges relating to water in16 security are likely to imperil the national secu17 rity interests of the United States or allies of 

18 the United States. 

19 (3) CONSULTATION.—In researching a report 

20 required by paragraph (1), the Director shall consult 

21 with— 

22 (A) such stakeholders within the intel23 ligence community, the Department of Defense, 

24 and the Department of State as the Director 

25 considers appropriate; and 
301 

•HR 3494 EH

1 (B) such additional Federal agencies and 

2 persons in the private sector as the Director 

3 considers appropriate. 

4 (4) FORM.—Each report submitted under para5 graph (1) shall be submitted in unclassified form, 

6 but may include a classified annex. 

7 (b) BRIEFING ON EMERGING INFECTIOUS DISEASE

8 AND PANDEMICS.— 

9 (1) APPROPRIATE CONGRESSIONAL COMMIT10 TEES DEFINED.—In this subsection, the term ‘‘ap11 propriate congressional committees’’ means— 

12 (A) the congressional intelligence commit13 tees; 

14 (B) the Committee on Foreign Affairs, the 

15 Committee on Armed Services, the Committee 

16 on Energy and Commerce, and the Committee 

17 on Appropriations of the House of Representa18 tives; and 

19 (C) the Committee on Foreign Relations, 

20 the Committee on Armed Services, the Com21 mittee on Health, Education, Labor, and Pen22 sions, and the Committee on Appropriations of 

23 the Senate. 

24 (2) BRIEFING.—Not later than 120 days after 

25 the date of the enactment of this Act, the Director 
302 

•HR 3494 EH

1 of National Intelligence shall provide to the appro2 priate congressional committees a briefing on the an3 ticipated geopolitical effects of emerging infectious 

4 disease (including deliberate, accidental, and natu5 rally occurring infectious disease threats) and 

6 pandemics, and their implications on the national se7 curity of the United States. 

8 (3) CONTENT.—The briefing under paragraph 

9 (2) shall include an assessment of— 

10 (A) the economic, social, political, and se11 curity risks, costs, and impacts of emerging in12 fectious diseases on the United States and the 

13 international political and economic system; 

14 (B) the economic, social, political, and se15 curity risks, costs, and impacts of a major 

16 transnational pandemic on the United States 

17 and the international political and economic 

18 system; and 

19 (C) contributing trends and factors to the 

20 matters assessed under subparagraphs (A) and 

21 (B). 

22 (4) EXAMINATION OF RESPONSE CAPACITY.—In 

23 examining the risks, costs, and impacts of emerging 

24 infectious disease and a possible transnational pan25 demic under paragraph (3), the Director of National 
303 

•HR 3494 EH

1 Intelligence shall also examine in the briefing under 

2 paragraph (2) the response capacity within affected 

3 countries and the international system. In consid4 ering response capacity, the Director shall include— 

5 (A) the ability of affected nations to effec6 tively detect and manage emerging infectious 

7 diseases and a possible transnational pandemic; 

8 (B) the role and capacity of international 

9 organizations and nongovernmental organiza10 tions to respond to emerging infectious disease 

11 and a possible pandemic, and their ability to co12 ordinate with affected and donor nations; and 

13 (C) the effectiveness of current inter14 national frameworks, agreements, and health 

15 systems to respond to emerging infectious dis16 eases and a possible transnational pandemic. 

17 (5) FORM.—The briefing under paragraph (2) 

18 may be classified. 
304 

•HR 3494 EH

1 SEC. 2723. ANNUAL REPORT ON MEMORANDA OF UNDER2 STANDING BETWEEN ELEMENTS OF INTEL3 LIGENCE COMMUNITY AND OTHER ENTITIES 

4 OF THE UNITED STATES GOVERNMENT RE5 GARDING SIGNIFICANT OPERATIONAL AC6 TIVITIES OR POLICY. 

7 Section 311 of the Intelligence Authorization Act for 

8 Fiscal Year 2017 (50 U.S.C. 3313) is amended— 

9 (1) by redesignating subsection (b) as sub10 section (c); and 

11 (2) by striking subsection (a) and inserting the 

12 following: 

13 ‘‘(a) IN GENERAL.—Each year, concurrent with the 

14 annual budget request submitted by the President to Con15 gress under section 1105 of title 31, United States Code, 

16 each head of an element of the intelligence community 

17 shall submit to the congressional intelligence committees 

18 a report that lists each memorandum of understanding or 

19 other agreement regarding significant operational activi20 ties or policy entered into during the most recently com21 pleted fiscal year between or among such element and any 

22 other entity of the United States Government. 

23 ‘‘(b) PROVISION OF DOCUMENTS.—Each head of an 

24 element of an intelligence community who receives a re25 quest from the Select Committee on Intelligence of the 

26 Senate or the Permanent Select Committee on Intelligence 
305 

•HR 3494 EH

1 of the House of Representatives for a copy of a memo2 randum of understanding or other document listed in a 

3 report submitted by the head under subsection (a) shall 

4 submit to such committee the requested copy as soon as 

5 practicable after receiving such request.’’. 

6 SEC. 2724. STUDY ON THE FEASIBILITY OF ENCRYPTING 

7 UNCLASSIFIED WIRELINE AND WIRELESS 

8 TELEPHONE CALLS. 

9 (a) STUDY REQUIRED.—Not later than 180 days 

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

11 of National Intelligence shall complete a study on the fea12 sibility of encrypting unclassified wireline and wireless 

13 telephone calls between personnel in the intelligence com14 munity. 

15 (b) REPORT.—Not later than 90 days after the date 

16 on which the Director completes the study required by 

17 subsection (a), the Director shall submit to the congres18 sional intelligence committees a report on the Director’s 

19 findings with respect to such study. 

20 SEC. 2725. MODIFICATION OF REQUIREMENT FOR ANNUAL 

21 REPORT ON HIRING AND RETENTION OF MI22 NORITY EMPLOYEES. 

23 (a) EXPANSION OF PERIOD OF REPORT.—Subsection 

24 (a) of section 114 of the National Security Act of 1947 
306 

•HR 3494 EH

1 (50 U.S.C. 3050) is amended by inserting ‘‘and the pre2 ceding 5 fiscal years’’ after ‘‘fiscal year’’. 

3 (b) CLARIFICATION ON DISAGGREGATION OF

4 DATA.—Subsection (b) of such section is amended, in the 

5 matter before paragraph (1), by striking ‘‘disaggregated 

6 data by category of covered person from each element of 

7 the intelligence community’’ and inserting ‘‘data, 

8 disaggregated by category of covered person and by ele9 ment of the intelligence community,’’. 

10 SEC. 2726. REPORTS ON INTELLIGENCE COMMUNITY LOAN 

11 REPAYMENT AND RELATED PROGRAMS. 

12 (a) SENSE OF CONGRESS.—It is the sense of Con13 gress that— 

14 (1) there should be established, through the 

15 issuing of an Intelligence Community Directive or 

16 otherwise, an intelligence community-wide program 

17 for student loan repayment, student loan forgive18 ness, financial counseling, and related matters, for 

19 employees of the intelligence community; 

20 (2) creating such a program would enhance the 

21 ability of the elements of the intelligence community 

22 to recruit, hire, and retain highly qualified per23 sonnel, including with respect to mission-critical and 

24 hard-to-fill positions; 
307 

•HR 3494 EH

1 (3) such a program, including with respect to 

2 eligibility requirements, should be designed so as to 

3 maximize the ability of the elements of the intel4 ligence community to recruit, hire, and retain highly 

5 qualified personnel, including with respect to mis6 sion-critical and hard-to-fill positions; and 

7 (4) to the extent possible, such a program 

8 should be uniform throughout the intelligence com9 munity and publicly promoted by each element of 

10 the intelligence community to both current employ11 ees of the element as well as to prospective employ12 ees of the element. 

13 (b) REPORT ON POTENTIAL INTELLIGENCE COMMU14 NITY-WIDE PROGRAM.— 

15 (1) IN GENERAL.—Not later than 180 days 

16 after the date of the enactment of this Act, the Di17 rector of National Intelligence, in cooperation with 

18 the heads of the elements of the intelligence commu19 nity and the heads of any other appropriate depart20 ment or agency of the Federal Government, shall 

21 submit to the congressional intelligence committees a 

22 report on potentially establishing and carrying out 

23 an intelligence community-wide program for student 

24 loan repayment, student loan forgiveness, financial 
308 

•HR 3494 EH

1 counseling, and related matters, as described in sub2 section (a). 

3 (2) MATTERS INCLUDED.—The report under 

4 paragraph (1) shall include, at a minimum, the fol5 lowing: 

6 (A) A description of the financial resources 

7 that the elements of the intelligence community 

8 would require to establish and initially carry 

9 out the program specified in paragraph (1). 

10 (B) A description of the practical steps to 

11 establish and carry out such a program. 

12 (C) The identification of any legislative ac13 tion the Director determines necessary to estab14 lish and carry out such a program. 

15 (c) ANNUAL REPORTS ON ESTABLISHED PRO16 GRAMS.— 

17 (1) COVERED PROGRAMS DEFINED.—In this 

18 subsection, the term ‘‘covered programs’’ means any 

19 loan repayment program, loan forgiveness program, 

20 financial counseling program, or similar program, 

21 established pursuant to title X of the National Secu22 rity Act of 1947 (50 U.S.C. 3191 et seq.) or any 

23 other provision of law that may be administered or 

24 used by an element of the intelligence community. 
309 

•HR 3494 EH

1 (2) ANNUAL REPORTS REQUIRED.—Not less 

2 frequently than once each year, the Director of Na3 tional Intelligence shall submit to the congressional 

4 intelligence committees a report on the covered pro5 grams. Each such report shall include, with respect 

6 to the period covered by the report, the following: 

7 (A) The number of personnel from each 

8 element of the intelligence community who used 

9 each covered program. 

10 (B) The total amount of funds each ele11 ment expended for each such program. 

12 (C) A description of the efforts made by 

13 each element to promote each covered program 

14 pursuant to both the personnel of the element 

15 of the intelligence community and to prospec16 tive personnel. 

17 SEC. 2727. REPEAL OF CERTAIN REPORTING REQUIRE18 MENTS. 

19 (a) CORRECTING LONG-STANDING MATERIAL WEAK20 NESSES.—Section 368 of the Intelligence Authorization 

21 Act for Fiscal Year 2010 (Public Law 110–259; 50 U.S.C. 

22 3051 note) is hereby repealed. 

23 (b) INTERAGENCY THREAT ASSESSMENT AND CO24 ORDINATION GROUP.—Section 210D of the Homeland Se25 curity Act of 2002 (6 U.S.C. 124k) is amended— 
310 

•HR 3494 EH

1 (1) by striking subsection (c); and 

2 (2) by redesignating subsections (d) through (i) 

3 as subsections (c) through (h), respectively; and 

4 (3) in subsection (c), as so redesignated— 

5 (A) in paragraph (8), by striking ‘‘; and’’ 

6 and inserting a period; and 

7 (B) by striking paragraph (9). 

8 (c) INSPECTOR GENERAL REPORT.—Section 8H of 

9 the Inspector General Act of 1978 (5 U.S.C. App.) is 

10 amended— 

11 (1) by striking subsection (g); and 

12 (2) by redesignating subsections (h) and (i) as 

13 subsections (g) and (h), respectively. 

14 SEC. 2728. INSPECTOR GENERAL OF THE INTELLIGENCE 

15 COMMUNITY REPORT ON SENIOR EXECU16 TIVES OF THE OFFICE OF THE DIRECTOR OF 

17 NATIONAL INTELLIGENCE. 

18 (a) SENIOR EXECUTIVE SERVICE POSITION DE19 FINED.—In this section, the term ‘‘Senior Executive Serv20 ice position’’ has the meaning given that term in section 

21 3132(a)(2) of title 5, United States Code, and includes 

22 any position above the GS–15, step 10, level of the Gen23 eral Schedule under section 5332 of such title. 

24 (b) REPORT.—Not later than 90 days after the date 

25 of the enactment of this Act, the Inspector General of the 
311 

•HR 3494 EH

1 Intelligence Community shall submit to the congressional 

2 intelligence committees a report on the number of Senior 

3 Executive Service positions in the Office of the Director 

4 of National Intelligence. 

5 (c) MATTERS INCLUDED.—The report under sub6 section (b) shall include the following: 

7 (1) The number of required Senior Executive 

8 Service positions for the Office of the Director of 

9 National Intelligence. 

10 (2) Whether such requirements are reasonably 

11 based on the mission of the Office. 

12 (3) A discussion of how the number of the Sen13 ior Executive Service positions in the Office compare 

14 to the number of senior positions at comparable or15 ganizations. 

16 (d) COOPERATION.—The Director of National Intel17 ligence shall provide to the Inspector General of the Intel18 ligence Community any information requested by the In19 spector General of the Intelligence Community that is nec20 essary to carry out this section by not later than 14 cal21 endar days after the date on which the Inspector General 

22 of the Intelligence Community makes such request. 
312 

•HR 3494 EH

1 SEC. 2729. BRIEFING ON FEDERAL BUREAU OF INVESTIGA2 TION OFFERING PERMANENT RESIDENCE TO 

3 SOURCES AND COOPERATORS. 

4 Not later than 30 days after the date of the enact5 ment of this Act, the Director of the Federal Bureau of 

6 Investigation shall provide to the congressional intelligence 

7 committees a briefing on the ability of the Federal Bureau 

8 of Investigation to offer, as an inducement to assisting the 

9 Bureau, permanent residence within the United States to 

10 foreign individuals who are sources or cooperators in coun11 terintelligence or other national security-related investiga12 tions. The briefing shall address the following: 

13 (1) The extent to which the Bureau may make 

14 such offers, whether independently or in conjunction 

15 with other agencies and departments of the United 

16 States Government, including a discussion of the au17 thorities provided by section 101(a)(15)(S) of the 

18 Immigration and Nationality Act (8 U.S.C. 

19 1101(a)(15)(S)), section 7 of the Central Intel20 ligence Agency Act (50 U.S.C. 3508), and any other 

21 provision of law under which the Bureau may make 

22 such offers. 

23 (2) An overview of the policies and operational 

24 practices of the Bureau with respect to making such 

25 offers. 
313 

•HR 3494 EH

1 (3) The sufficiency of such policies and prac2 tices with respect to inducing individuals to cooper3 ate with, serve as sources for such investigations, or 

4 both. 

5 (4) Whether the Director recommends any leg6 islative actions to improve such policies and prac7 tices, particularly with respect to the counterintel8 ligence efforts of the Bureau. 

9 SEC. 2730. INTELLIGENCE ASSESSMENT OF NORTH KOREA 

10 REVENUE SOURCES. 

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

12 days after the date of the enactment of this Act, the Direc13 tor of National Intelligence, in coordination with the As14 sistant Secretary of State for Intelligence and Research 

15 and the Assistant Secretary of the Treasury for Intel16 ligence and Analysis, shall produce an intelligence assess17 ment of the revenue sources of the North Korean regime. 

18 Such assessment shall include revenue from the following 

19 sources: 

20 (1) Trade in coal, iron, and iron ore. 

21 (2) The provision of fishing rights to North Ko22 rean territorial waters. 

23 (3) Trade in gold, titanium ore, vanadium ore, 

24 copper, silver, nickel, zinc, or rare earth minerals, 

25 and other stores of value. 
314 

•HR 3494 EH

1 (4) Trade in textiles. 

2 (5) Sales of conventional defense articles and 

3 services. 

4 (6) Sales of controlled goods, ballistic missiles, 

5 and other associated items. 

6 (7) Other types of manufacturing for export, as 

7 the Director of National Intelligence considers ap8 propriate. 

9 (8) The exportation of workers from North 

10 Korea in a manner intended to generate significant 

11 revenue, directly or indirectly, for use by the govern12 ment of North Korea. 

13 (9) The provision of nonhumanitarian goods 

14 (such as food, medicine, and medical devices) and 

15 services by other countries. 

16 (10) The provision of services, including bank17 ing and other support, including by entities located 

18 in the Russian Federation, China, and Iran. 

19 (11) Online commercial activities of the Govern20 ment of North Korea, including online gambling. 

21 (12) Criminal activities, including cyber-enabled 

22 crime and counterfeit goods. 

23 (b) ELEMENTS.—The assessment required under 

24 subsection (a) shall include an identification of each of the 

25 following: 
315 

•HR 3494 EH

1 (1) The sources of North Korea’s funding. 

2 (2) Financial and non-financial networks, in3 cluding supply chain management, transportation, 

4 and facilitation, through which North Korea accesses 

5 the United States and international financial sys6 tems and repatriates and exports capital, goods, and 

7 services; and 

8 (3) the global financial institutions, money serv9 ices business, and payment systems that assist 

10 North Korea with financial transactions. 

11 (c) SUBMITTAL TO CONGRESS.—Upon completion of 

12 the assessment required under subsection (a), the Director 

13 of National Intelligence shall submit to the congressional 

14 intelligence committees a copy of such assessment. 

15 SEC. 2731. REPORT ON POSSIBLE EXPLOITATION OF VIR16 TUAL CURRENCIES BY TERRORIST ACTORS. 

17 (a) SHORT TITLE.—This section may be cited as the 

18 ‘‘Stop Terrorist Use of Virtual Currencies Act’’. 

19 (b) REPORT.—Not later than 1 year after the date 

20 of the enactment of this Act, the Director of National In21 telligence, in consultation with the Secretary of the Treas22 ury and the Under Secretary of Homeland Security for 

23 Intelligence and Analysis, shall submit to Congress a re24 port on the possible exploitation of virtual currencies by 
316 

•HR 3494 EH

1 terrorist actors. Such report shall include the following 

2 elements: 

3 (1) An assessment of the means and methods 

4 by which international terrorist organizations and 

5 State sponsors of terrorism use virtual currencies. 

6 (2) An assessment of the use by terrorist orga7 nizations and State sponsors of terrorism of virtual 

8 currencies compared to the use by such organiza9 tions and States of other forms of financing to sup10 port operations, including an assessment of the col11 lection posture of the intelligence community on the 

12 use of virtual currencies by such organizations and 

13 States. 

14 (3) A description of any existing legal impedi15 ments that inhibit or prevent the intelligence com16 munity from collecting information on or helping 

17 prevent the use of virtual currencies by international 

18 terrorist organizations and State sponsors of ter19 rorism and an identification of any gaps in existing 

20 law that could be exploited for illicit funding by such 

21 organizations and States. 

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

24 may include a classified annex. 
317 

•HR 3494 EH

1 (d) DISSEMINATION TO STATE AND LOCAL PART2 NERS.—Consistent with the protection of classified and 

3 confidential unclassified information, the Under Secretary 

4 shall share the report required by subsection (b) with 

5 State, local, and regional officials who operate within 

6 State, local, and regional fusion centers through the De7 partment of Homeland Security State, Local, and Re8 gional Fusion Center Initiative established in section 210A 

9 of the Homeland Security Act of 2002 (6 U.S.C. 124h). 

10 Subtitle C—Other Matters 

11 SEC. 2741. PUBLIC INTEREST DECLASSIFICATION BOARD. 

12 Section 710(b) of the Public Interest Declassification 

13 Act of 2000 (Public Law 106–567; 50 U.S.C. 3161 note) 

14 is amended by striking ‘‘December 31, 2018’’ and insert15 ing ‘‘December 31, 2028’’. 

16 SEC. 2742. TECHNICAL AND CLERICAL AMENDMENTS TO 

17 THE NATIONAL SECURITY ACT OF 1947. 

18 (a) TABLE OF CONTENTS.—The table of contents at 

19 the beginning of the National Security Act of 1947 (50 

20 U.S.C. 3001 et seq.) is amended— 

21 (1) by inserting after the item relating to sec22 tion 2 the following new item: 

‘‘Sec. 3. Definitions.’’; 

23 (2) by striking the item relating to section 107; 

24 (3) by striking the item relating to section 

25 113B and inserting the following new item: 
318 

•HR 3494 EH

‘‘Sec. 113B. Special pay authority for science, technology, engineering, or 

mathematics positions.’’; 

1 (4) by striking the items relating to sections 

2 202, 203, 204, 208, 209, 210, 211, 212, 213, and 

3 214; and 

4 (5) by inserting after the item relating to sec5 tion 311 the following new item: 

‘‘Sec. 312. Repealing and saving provisions.’’. 

6 (b) OTHER TECHNICAL CORRECTIONS.—Such Act is 

7 further amended— 

8 (1) in section 102A— 

9 (A) in subparagraph (G) of paragraph (1) 

10 of subsection (g), by moving the margins of 

11 such subparagraph 2 ems to the left; and 

12 (B) in paragraph (3) of subsection (v), by 

13 moving the margins of such paragraph 2 ems to 

14 the left; 

15 (2) in section 106— 

16 (A) by inserting ‘‘SEC. 106.’’ before ‘‘(a)’’; 

17 and 

18 (B) in subparagraph (I) of paragraph (2) 

19 of subsection (b), by moving the margins of 

20 such subparagraph 2 ems to the left; 

21 (3) by striking section 107; 

22 (4) in section 108(c), by striking ‘‘in both a 

23 classified and an unclassified form’’ and inserting 
319 

•HR 3494 EH

1 ‘‘to Congress in classified form, but may include an 

2 unclassified summary’’; 

3 (5) in section 112(c)(1), by striking ‘‘section 

4 103(c)(7)’’ and inserting ‘‘section 102A(i)’’; 

5 (6) by amending section 201 to read as follows: 

6 ‘‘SEC. 201. DEPARTMENT OF DEFENSE. 

7 ‘‘Except to the extent inconsistent with the provisions 

8 of this Act or other provisions of law, the provisions of 

9 title 5, United States Code, shall be applicable to the De10 partment of Defense.’’; 

11 (7) in section 205, by redesignating subsections 

12 (b) and (c) as subsections (a) and (b), respectively; 

13 (8) in section 206, by striking ‘‘(a)’’; 

14 (9) in section 207, by striking ‘‘(c)’’; 

15 (10) in section 308(a), by striking ‘‘this Act’’ 

16 and inserting ‘‘sections 2, 101, 102, 103, and 303 

17 of this Act’’; 

18 (11) by redesignating section 411 as section 

19 312; 

20 (12) in section 503— 

21 (A) in paragraph (5) of subsection (c)— 

22 (i) by moving the margins of such 

23 paragraph 2 ems to the left; and 
320 

•HR 3494 EH

1 (ii) by moving the margins of sub2 paragraph (B) of such paragraph 2 ems to 

3 the left; and 

4 (B) in paragraph (2) of subsection (d), by 

5 moving the margins of such paragraph 2 ems to 

6 the left; and 

7 (13) in subparagraph (B) of paragraph (3) of 

8 subsection (a) of section 504, by moving the margins 

9 of such subparagraph 2 ems to the right. 

10 SEC. 2743. TECHNICAL AMENDMENTS RELATED TO THE DE11 PARTMENT OF ENERGY. 

12 (a) NATIONAL NUCLEAR SECURITY ADMINISTRATION

13 ACT.— 

14 (1) CLARIFICATION OF FUNCTIONS OF THE AD15 MINISTRATOR FOR NUCLEAR SECURITY.—Subsection 

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

17 Administration Act (50 U.S.C. 2402(b)) is amend18 ed— 

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

20 and 

21 (B) by redesignating paragraphs (13) 

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

23 respectively. 
321 

•HR 3494 EH

1 (2) COUNTERINTELLIGENCE PROGRAMS.—Sec2 tion 3233(b) of the National Nuclear Security Ad3 ministration Act (50 U.S.C. 2423(b)) is amended— 

4 (A) by striking ‘‘Administration’’ and in5 serting ‘‘Department’’; and 

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

7 ‘‘the Office of’’. 

8 (b) ATOMIC ENERGY DEFENSE ACT.—Section 

9 4524(b)(2) of the Atomic Energy Defense Act (50 U.S.C. 

10 2674(b)(2)) is amended by inserting ‘‘Intelligence and’’ 

11 after ‘‘The Director of’’. 

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

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

14 (50 U.S.C. 3041(b)(2)) is amended— 

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

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

17 (2) by striking subparagraph (F); and 

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

19 and (I) as subparagraphs (F), (G), and (H), respec20 tively. 

21 SEC. 2744. SENSE OF CONGRESS ON NOTIFICATION OF CER22 TAIN DISCLOSURES OF CLASSIFIED INFOR23 MATION. 

24 (a) DEFINITIONS.—In this section: 
322 

•HR 3494 EH

1 (1) ADVERSARY FOREIGN GOVERNMENT.—The 

2 term ‘‘adversary foreign government’’ means the 

3 government of any of the following foreign countries: 

4 (A) North Korea. 

5 (B) Iran. 

6 (C) China. 

7 (D) Russia. 

8 (E) Cuba. 

9 (2) COVERED CLASSIFIED INFORMATION.—The 

10 term ‘‘covered classified information’’ means classi11 fied information that was— 

12 (A) collected by an element of the intel13 ligence community; or 

14 (B) provided by the intelligence service or 

15 military of a foreign country to an element of 

16 the intelligence community. 

17 (3) ESTABLISHED INTELLIGENCE CHANNELS.— 

18 The term ‘‘established intelligence channels’’ means 

19 methods to exchange intelligence to coordinate for20 eign intelligence relationships, as established pursu21 ant to law by the Director of National Intelligence, 

22 the Director of the Central Intelligence Agency, the 

23 Director of the National Security Agency, or other 

24 head of an element of the intelligence community. 
323 

•HR 3494 EH

1 (4) INDIVIDUAL IN THE EXECUTIVE BRANCH.— 

2 The term ‘‘individual in the executive branch’’ 

3 means any officer or employee of the executive 

4 branch, including individuals— 

5 (A) occupying a position specified in article 

6 II of the Constitution; 

7 (B) appointed to a position by an indi8 vidual described in subparagraph (A); or 

9 (C) serving in the civil service or the Sen10 ior Executive Service (or similar service for sen11 ior executives of particular departments or 

12 agencies). 

13 (b) FINDINGS.—Congress finds that section 502 of 

14 the National Security Act of 1947 (50 U.S.C. 3092) re15 quires elements of the intelligence community to keep the 

16 congressional intelligence committees ‘‘fully and currently 

17 informed’’ about all ‘‘intelligence activities’’ of the United 

18 States, and to ‘‘furnish to the congressional intelligence 

19 committees any information or material concerning intel20 ligence activities * * * which is requested by either of the 

21 congressional intelligence committees in order to carry out 

22 its authorized responsibilities.’’. 

23 (c) SENSE OF CONGRESS.—It is the sense of Con24 gress that— 
324 

•HR 3494 EH

1 (1) section 502 of the National Security Act of 

2 1947 (50 U.S.C. 3092), together with other intel3 ligence community authorities, obligates an element 

4 of the intelligence community to submit to the con5 gressional intelligence committees written notifica6 tion, by not later than 7 days after becoming aware, 

7 that an individual in the executive branch has dis8 closed covered classified information to an official of 

9 an adversary foreign government using methods 

10 other than established intelligence channels; and 

11 (2) each such notification should include— 

12 (A) the date and place of the disclosure of 

13 classified information covered by the notifica14 tion; 

15 (B) a description of such classified infor16 mation; 

17 (C) identification of the individual who 

18 made such disclosure and the individual to 

19 whom such disclosure was made; and 

20 (D) a summary of the circumstances of 

21 such disclosure. 
325 

•HR 3494 EH

1 SEC. 2745. SENSE OF CONGRESS ON CONSIDERATION OF 

2 ESPIONAGE ACTIVITIES WHEN CONSIDERING 

3 WHETHER OR NOT TO PROVIDE VISAS TO 

4 FOREIGN INDIVIDUALS TO BE ACCREDITED 

5 TO A UNITED NATIONS MISSION IN THE 

6 UNITED STATES. 

7 It is the sense of the Congress that the Secretary of 

8 State, in considering whether or not to provide a visa to 

9 a foreign individual to be accredited to a United Nations 

10 mission in the United States, should consider— 

11 (1) known and suspected intelligence activities, 

12 espionage activities, including activities constituting 

13 precursors to espionage, carried out by the indi14 vidual against the United States, foreign allies of the 

15 United States, or foreign partners of the United 

16 States; and 

17 (2) the status of an individual as a known or 

18 suspected intelligence officer for a foreign adversary. 

Passed the House of Representatives July 17, 2019. 

Attest: 

Clerk. 
116TH CONGRESS 

1ST SESSION H. R. 3494 

AN ACT 

To authorize appropriations for fiscal years 2018, 

Disability System, and for other purposes. the Central Intelligence Agency Retirement and ment, the Community Management Account, and related activities of the United States Govern2019, and 2020 for intelligence and intelligence-