II 

Calendar No. 97 

116TH CONGRESS 

1ST SESSION S. 1589 

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. 

IN THE SENATE OF THE UNITED STATES 

MAY 22, 2019 

Mr. BURR, from the Select Committee on Intelligence, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

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. 

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

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1 ligence Authorization Act for Fiscal Years 2018, 2019, 

2 and 2020’’. 

3 SEC. 2. DIVISIONS AND TABLE OF CONTENTS. 

4 (a) DIVISIONS.—This Act is organized into two divi5 sions as follows: 

6 (1) Division A—Intelligence Authorizations for 

7 Fiscal Year 2020. 

8 (2) Division B—Intelligence Authorizations for 

9 Fiscal Years 2018 and 2019. 

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

11 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. 

Sec. 202. Modification of amount of Central Intelligence Agency voluntary separation pay. 

TITLE III—INTELLIGENCE COMMUNITY MATTERS 

Subtitle A—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. Improving the onboarding methodology for certain intelligence personnel. 

Sec. 304. Intelligence community public-private talent exchange. 

Sec. 305. Expansion of scope of protections for identities of covert agents. 

Sec. 306. Inclusion of security risks in program management plans required for 

acquisition of major systems in National Intelligence Program. 

Sec. 307. Paid parental leave. 


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Subtitle B—Office of the Director of National Intelligence 

Sec. 311. Exclusivity, consistency, and transparency in security clearance procedures and right to appeal. 

Sec. 312. Limitation on transfer of National Intelligence University. 

Sec. 313. Improving visibility into the security clearance process. 

Sec. 314. Making certain policies and execution plans relating to personnel 

clearances available to industry partners. 

Subtitle C—Inspector General of the Intelligence Community 

Sec. 321. Definitions. 

Sec. 322. Inspector General external review panel. 

Sec. 323. Harmonization of whistleblower processes and procedures. 

Sec. 324. Intelligence community oversight of agency whistleblower actions. 

Sec. 325. Report on cleared whistleblower attorneys. 

TITLE IV—REPORTS AND OTHER MATTERS 

Sec. 401. Study on foreign employment of former personnel of intelligence community. 

Sec. 402. Comprehensive economic assessment of investment in key United 

States technologies by companies or organizations linked to 

China. 

Sec. 403. Analysis of and periodic briefings on major initiatives of intelligence 

community in artificial intelligence and machine learning. 

Sec. 404. Encouraging cooperative actions to detect and counter foreign influence operations. 

Sec. 405. Oversight of foreign influence in academia. 

Sec. 406. Director of National Intelligence report on fifth-generation wireless 

network technology. 

Sec. 407. Annual report by Comptroller General of the United States on cybersecurity and surveillance threats to Congress. 

Sec. 408. Director of National Intelligence assessments of foreign interference 

in elections. 

Sec. 409. Study on feasibility and advisability of establishing Geospatial-Intelligence Museum and learning center. 

Sec. 410. Report on death of Jamal Khashoggi. 

DIVISION B—INTELLIGENCE AUTHORIZATIONS FOR FISCAL 

YEARS 2018 AND 2019 

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. 

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

Agency. 

TITLE III—GENERAL INTELLIGENCE COMMUNITY MATTERS 

Sec. 301. Restriction on conduct of intelligence activities. 


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

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

authority for cyber positions. 

Sec. 304. Modification of appointment of Chief Information Officer of the Intelligence Community. 

Sec. 305. Director of National Intelligence review of placement of positions 

within the intelligence community on the Executive Schedule. 

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

Sec. 307. Consideration of adversarial telecommunications and cybersecurity infrastructure when sharing intelligence with foreign governments and entities. 

Sec. 308. Cyber protection support for the personnel of the intelligence community in positions highly vulnerable to cyber attack. 

Sec. 309. Modification of authority relating to management of supply-chain 

risk. 

Sec. 310. Limitations on determinations regarding certain security classifications. 

Sec. 311. Joint Intelligence Community Council. 

Sec. 312. Intelligence community information technology environment. 

Sec. 313. Report on development of secure mobile voice solution for intelligence 

community. 

Sec. 314. Policy on minimum insider threat standards. 

Sec. 315. Submission of intelligence community policies. 

Sec. 316. Expansion of intelligence community recruitment efforts. 

TITLE IV—MATTERS RELATING TO ELEMENTS OF THE 

INTELLIGENCE COMMUNITY 

Subtitle A—Office of the Director of National Intelligence 

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

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

Sec. 403. Technical modification to the executive schedule. 

Sec. 404. Chief Financial Officer of the Intelligence Community. 

Sec. 405. Chief Information Officer of the Intelligence Community. 

Subtitle B—Central Intelligence Agency 

Sec. 411. Central Intelligence Agency subsistence for personnel assigned to austere locations. 

Sec. 412. Expansion of security protective service jurisdiction of the Central Intelligence Agency. 

Sec. 413. 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. 421. Consolidation of Department of Energy Offices of Intelligence and 

Counterintelligence. 

Sec. 422. Establishment of Energy Infrastructure Security Center. 

Sec. 423. Repeal of Department of Energy Intelligence Executive Committee 

and budget reporting requirement. 


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Subtitle D—Other Elements 

Sec. 431. Plan for designation of counterintelligence component of Defense Security Service as an element of intelligence community. 

Sec. 432. Notice not required for private entities. 

Sec. 433. Framework for roles, missions, and functions of Defense Intelligence 

Agency. 

Sec. 434. Establishment of advisory board for National Reconnaissance Office. 

Sec. 435. Collocation of certain Department of Homeland Security personnel at 

field locations. 

TITLE V—ELECTION MATTERS 

Sec. 501. Report on cyber attacks by foreign governments against United 

States election infrastructure. 

Sec. 502. Review of intelligence community’s posture to collect against and analyze Russian efforts to influence the Presidential election. 

Sec. 503. Assessment of foreign intelligence threats to Federal elections. 

Sec. 504. Strategy for countering Russian cyber threats to United States elections. 

Sec. 505. Assessment of significant Russian influence campaigns directed at 

foreign elections and referenda. 

Sec. 506. Foreign counterintelligence and cybersecurity threats to Federal election campaigns. 

Sec. 507. Information sharing with State election officials. 

Sec. 508. Notification of significant foreign cyber intrusions and active measures campaigns directed at elections for Federal offices. 

Sec. 509. Designation of counterintelligence officer to lead election security 

matters. 

TITLE VI—SECURITY CLEARANCES 

Sec. 601. Definitions. 

Sec. 602. Reports and plans relating to security clearances and background investigations. 

Sec. 603. Improving the process for security clearances. 

Sec. 604. Goals for promptness of determinations regarding security clearances. 

Sec. 605. Security Executive Agent. 

Sec. 606. Report on unified, simplified, Governmentwide standards for positions 

of trust and security clearances. 

Sec. 607. Report on clearance in person concept. 

Sec. 608. Budget request documentation on funding for background investigations. 

Sec. 609. Reports on reciprocity for security clearances inside of departments 

and agencies. 

Sec. 610. Intelligence community reports on security clearances. 

Sec. 611. Periodic report on positions in the intelligence community that can 

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

Sec. 612. Information sharing program for positions of trust and security clearances. 

Sec. 613. Report on protections for confidentiality of whistleblower-related communications. 

TITLE VII—REPORTS AND OTHER MATTERS 

Subtitle A—Matters Relating to Russia and Other Foreign Powers 


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Sec. 701. Limitation relating to establishment or support of cybersecurity unit 

with the Russian Federation. 

Sec. 702. Report on returning Russian compounds. 

Sec. 703. Assessment of threat finance relating to Russia. 

Sec. 704. Notification of an active measures campaign. 

Sec. 705. Notification of travel by accredited diplomatic and consular personnel 

of the Russian Federation in the United States. 

Sec. 706. Report on outreach strategy addressing threats from United States 

adversaries to the United States technology sector. 

Sec. 707. Report on Iranian support of proxy forces in Syria and Lebanon. 

Sec. 708. Annual report on Iranian expenditures supporting foreign military 

and terrorist activities. 

Sec. 709. Expansion of scope of committee to counter active measures and report on establishment of Foreign Malign Influence Center. 

Subtitle B—Reports 

Sec. 711. Technical correction to Inspector General study. 

Sec. 712. Reports on authorities of the Chief Intelligence Officer of the Department of Homeland Security. 

Sec. 713. Report on cyber exchange program. 

Sec. 714. Review of intelligence community whistleblower matters. 

Sec. 715. Report on role of Director of National Intelligence with respect to 

certain foreign investments. 

Sec. 716. Report on surveillance by foreign governments against United States 

telecommunications networks. 

Sec. 717. Biennial report on foreign investment risks. 

Sec. 718. Modification of certain reporting requirement on travel of foreign diplomats. 

Sec. 719. Semiannual reports on investigations of unauthorized disclosures of 

classified information. 

Sec. 720. Congressional notification of designation of covered intelligence officer as persona non grata. 

Sec. 721. Reports on intelligence community participation in vulnerabilities equities process of Federal Government. 

Sec. 722. Inspectors General reports on classification. 

Sec. 723. Reports on global water insecurity and national security implications 

and briefing on emerging infectious disease and pandemics. 

Sec. 724. 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. 725. Study on the feasibility of encrypting unclassified wireline and wireless telephone calls. 

Sec. 726. Modification of requirement for annual report on hiring and retention 

of minority employees. 

Sec. 727. Reports on intelligence community loan repayment and related programs. 

Sec. 728. Repeal of certain reporting requirements. 

Sec. 729. Inspector General of the Intelligence Community report on senior executives of the Office of the Director of National Intelligence. 

Sec. 730. Briefing on Federal Bureau of Investigation offering permanent residence to sources and cooperators. 

Sec. 731. Intelligence assessment of North Korea revenue sources. 


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Sec. 732. Report on possible exploitation of virtual currencies by terrorist actors. 

Subtitle C—Other Matters 

Sec. 741. Public Interest Declassification Board. 

Sec. 742. Securing energy infrastructure. 

Sec. 743. Bug bounty programs. 

Sec. 744. Modification of authorities relating to the National Intelligence University. 

Sec. 745. Technical and clerical amendments to the National Security Act of 

1947. 

Sec. 746. Technical amendments related to the Department of Energy. 

Sec. 747. Sense of Congress on notification of certain disclosures of classified 

information. 

Sec. 748. Sense of Congress on consideration of espionage activities when considering whether or not to provide visas to foreign individuals 

to be accredited to a United Nations mission in the United 

States. 

Sec. 749. Sense of Congress on WikiLeaks. 

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 such section. 


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1 DIVISION A—INTELLIGENCE AU2 THORIZATIONS FOR FISCAL 

3 YEAR 2020 

4 TITLE I—INTELLIGENCE 

5 ACTIVITIES 

6 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

7 Funds are hereby authorized to be appropriated for 

8 fiscal year 2020 for the conduct of the intelligence and 

9 intelligence-related activities of the following elements of 

10 the United States Government: 

11 (1) The Office of the Director of National Intel12 ligence. 

13 (2) The Central Intelligence Agency. 

14 (3) The Department of Defense. 

15 (4) The Defense Intelligence Agency. 

16 (5) The National Security Agency. 

17 (6) The Department of the Army, the Depart18 ment of the Navy, and the Department of the Air 

19 Force. 

20 (7) The Coast Guard. 

21 (8) The Department of State. 

22 (9) The Department of the Treasury. 

23 (10) The Department of Energy. 

24 (11) The Department of Justice. 

25 (12) The Federal Bureau of Investigation. 


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1 (13) The Drug Enforcement Administration. 

2 (14) The National Reconnaissance Office. 

3 (15) The National Geospatial-Intelligence Agen4 cy. 

5 (16) The Department of Homeland Security. 

6 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

7 (a) SPECIFICATIONS OF AMOUNTS.—The amounts 

8 authorized to be appropriated under section 101 for the 

9 conduct of the intelligence activities of the elements listed 

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

11 specified in the classified Schedule of Authorizations pre12 pared to accompany this division. 

13 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU14 THORIZATIONS.— 

15 (1) AVAILABILITY.—The classified Schedule of 

16 Authorizations referred to in subsection (a) shall be 

17 made available to the Committee on Appropriations 

18 of the Senate, the Committee on Appropriations of 

19 the House of Representatives, and to the President. 

20 (2) DISTRIBUTION BY THE PRESIDENT.—Sub21 ject to paragraph (3), the President shall provide for 

22 suitable distribution of the classified Schedule of Au23 thorizations referred to in subsection (a), or of ap24 propriate portions of such Schedule, within the exec25 utive branch. 


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1 (3) LIMITS ON DISCLOSURE.—The President 

2 shall not publicly disclose the classified Schedule of 

3 Authorizations or any portion of such Schedule ex4 cept— 

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

6 Implementing Recommendations of the 9/11 

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

8 (B) to the extent necessary to implement 

9 the budget; or 

10 (C) as otherwise required by law. 

11 SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT AC12 COUNT. 

13 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated for the Intelligence Commu15 nity Management Account of the Director of National In16 telligence for fiscal year 2020 the sum of $558,000,000. 

17 (b) CLASSIFIED AUTHORIZATION OF APPROPRIA18 TIONS.—In addition to amounts authorized to be appro19 priated for the Intelligence Community Management Ac20 count by subsection (a), there are authorized to be appro21 priated for the Intelligence Community Management Ac22 count for fiscal year 2020 such additional amounts as are 

23 specified in the classified Schedule of Authorizations re24 ferred to in section 102(a). 


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1 TITLE II—CENTRAL INTEL2 LIGENCE AGENCY RETIRE3 MENT AND DISABILITY SYS4 TEM 

5 SEC. 201. 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 2020. 

9 SEC. 202. MODIFICATION OF AMOUNT OF CENTRAL INTEL10 LIGENCE AGENCY VOLUNTARY SEPARATION 

11 PAY. 

12 Section 2 of the Central Intelligence Agency Vol13 untary Separation Pay Act (50 U.S.C. 3519a(e)(2)) is 

14 amended— 

15 (1) in subsection (e)(2)(B), by striking 

16 ‘‘$25,000’’ and inserting ‘‘$40,000 (as adjusted 

17 from time to time under subsection (f))’’; 

18 (2) by redesignating subsections (f) and (g) as 

19 subsections (g) and (h), respectively; and 

20 (3) by inserting after subsection (e) the fol21 lowing: 

22 ‘‘(c) ADJUSTMENTS.— 

23 ‘‘(1) IN GENERAL.—On March 1 of each year, 

24 the Director shall provide a percentage increase 

25 (rounded in accordance with paragraph (2)) in the 


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1 amount specified in subsection (e)(2)(B), equal to 

2 the percentage by which— 

3 ‘‘(A) the Consumer Price Index (all items, 

4 United States city average) for the 12-month 

5 period ending on the December 31 immediately 

6 preceding the date on which the increase is 

7 made, exceeds 

8 ‘‘(B) the Consumer Price Index for the 12- 

9 month period preceding the 12-month period 

10 described in subparagraph (A). 

11 ‘‘(2) ROUNDING.—A percentage increase under 

12 paragraph (1) shall be adjusted to the nearest one13 tenth of one percent, and an amount determined 

14 under paragraph (1) shall be rounded to the nearest 

15 multiple of $1,000 (or, if midway between multiples 

16 of $1,000, to the next higher multiple of $1,000).’’. 

17 TITLE III—INTELLIGENCE 

18 COMMUNITY MATTERS 

19 Subtitle A—General Intelligence 

20 Community Matters 

21 SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE 

22 ACTIVITIES. 

23 The authorization of appropriations by this division 

24 shall not be deemed to constitute authority for the conduct 


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1 of any intelligence activity which is not otherwise author2 ized by the Constitution or the laws of the United States. 

3 SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND 

4 BENEFITS AUTHORIZED BY LAW. 

5 Appropriations authorized by this division for salary, 

6 pay, retirement, and other benefits for Federal employees 

7 may be increased by such additional or supplemental 

8 amounts as may be necessary for increases in such com9 pensation or benefits authorized by law. 

10 SEC. 303. IMPROVING THE ONBOARDING METHODOLOGY 

11 FOR CERTAIN INTELLIGENCE PERSONNEL. 

12 (a) DEFINITIONS.—In this section: 

13 (1) APPROPRIATE COMMITTEES OF CON14 GRESS.—The term ‘‘appropriate committees of Con15 gress’’ means— 

16 (A) the Select Committee on Intelligence 

17 and the Committee on Armed Services of the 

18 Senate; and 

19 (B) the Permanent Select Committee on 

20 Intelligence and the Committee on Armed Serv21 ices of the House of Representatives. 

22 (2) COVERED ELEMENTS OF THE INTEL23 LIGENCE COMMUNITY.—The term ‘‘covered elements 

24 of the intelligence community’’ means the elements 


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1 of the intelligence community that are within the fol2 lowing: 

3 (A) The Department of Energy. 

4 (B) The Department of Homeland Secu5 rity. 

6 (C) The Department of Justice. 

7 (D) The Department of State. 

8 (E) The Department of the Treasury. 

9 (b) IN GENERAL.—The Secretary of Defense and the 

10 Director of National Intelligence shall, consistent with De11 partment of Defense Instruction 1400.25, as in effect on 

12 the day before the date of the enactment of this Act— 

13 (1) not later than 180 days after the date of 

14 the enactment of this Act, submit to the appropriate 

15 committees of Congress a report that outlines a 

16 common methodology for measuring onboarding in 

17 covered elements of the intelligence community, in18 cluding human resources and security processes; 

19 (2) not later than 1 year after the date of the 

20 enactment of this Act, issue metrics for assessing 

21 key phases in the onboarding described in paragraph 

22 (1) for which results will be reported by the date 

23 that is 90 days after the date of such issuance; 

24 (3) not later than 180 days after the date of 

25 the enactment of this Act, submit to the appropriate 


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1 committees of Congress a report on collaboration 

2 among covered elements of the intelligence commu3 nity on their onboarding processes; 

4 (4) not later than 180 days after the date of 

5 the enactment of this Act, submit to the appropriate 

6 committees of Congress a report on employment of 

7 automated mechanisms in covered elements of the 

8 intelligence community, including for tracking per9 sonnel as they pass through each phase of the 

10 onboarding process; and 

11 (5) not later than December 31, 2020, dis12 tribute surveys to human resources offices and appli13 cants about their experiences with the onboarding 

14 process in covered elements of the intelligence com15 munity. 

16 SEC. 304. INTELLIGENCE COMMUNITY PUBLIC-PRIVATE 

17 TALENT EXCHANGE. 

18 (a) POLICIES, PROCESSES, AND PROCEDURES RE19 QUIRED.—Not later than 270 days after the date of the 

20 enactment of this Act, the Director of National Intel21 ligence shall develop policies, processes, and procedures to 

22 facilitate the rotation of personnel of the intelligence com23 munity to the private sector, and personnel from the pri24 vate sector to the intelligence community. 


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1 (b) DETAIL AUTHORITY.—Under policies developed 

2 by the Director pursuant to subsection (a), with the agree3 ment of a private-sector organization, and with the con4 sent of the employee, a head of an element of the intel5 ligence community may arrange for the temporary detail 

6 of an employee of such element to such private-sector or7 ganization, or from such private-sector organization to 

8 such element under this section. 

9 (c) AGREEMENTS.— 

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

11 intelligence community exercising the authority of 

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

13 written agreement among the element of the intel14 ligence community, the private-sector organization, 

15 and the employee concerned regarding the terms and 

16 conditions of the employee’s detail under this sec17 tion. The agreement— 

18 (A) shall require that the employee of the 

19 element, upon completion of the detail, serve in 

20 the element, or elsewhere in the civil service if 

21 approved by the head of the element, for a pe22 riod of at least equal to the length of the detail; 

23 (B) shall provide that if the employee of 

24 the element fails to carry out the agreement, 

25 such employee shall be liable to the United 


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1 States for payment of all non-salary and benefit 

2 expenses of the detail, unless that failure was 

3 for good and sufficient reason, as determined 

4 by the head of the element; 

5 (C) shall contain language informing such 

6 employee of the prohibition on improperly shar7 ing or using non-public information that such 

8 employee may be privy to or aware of related to 

9 element programming, budgeting, resourcing, 

10 acquisition, or procurement for the benefit or 

11 advantage of the private-sector organization; 

12 and 

13 (D) shall contain language requiring the 

14 employee to acknowledge the obligations of the 

15 employee under section 1905 of title 18, United 

16 States Code (relating to trade secrets). 

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

18 which an employee is liable under paragraph (1) 

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

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

21 intelligence community may waive, in whole or in 

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

23 based on a determination that the collection would 

24 be against equity and good conscience and not in the 

25 best interests of the United States, after taking into 


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1 account any indication of fraud, misrepresentation, 

2 fault, or lack of good faith on the part of the em3 ployee. 

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

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

6 of the element of the intelligence community concerned or 

7 the private-sector organization concerned. 

8 (e) DURATION.— 

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

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

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

12 3 years. 

13 (2) LONGER PERIODS.—A detail under this sec14 tion may be for a period in excess of 2 years, but 

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

16 making the detail determines that such detail is nec17 essary to meet critical mission or program require18 ments. 

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

20 of the intelligence community may be detailed under 

21 this section for more than a total of 5 years, inclu22 sive of all such details. 

23 (f) STATUS OF FEDERAL EMPLOYEES DETAILED TO

24 PRIVATE-SECTOR ORGANIZATIONS.— 


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

2 of the intelligence community who is detailed to a 

3 private-sector organization under this section shall 

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

5 a regular work assignment in the element for all 

6 purposes. The written agreement established under 

7 subsection (c)(1) shall address the specific terms 

8 and conditions related to the employee’s continued 

9 status as a Federal employee. 

10 (2) REQUIREMENTS.—In establishing a tem11 porary detail of an employee of an element of the in12 telligence community to a private-sector organiza13 tion, the head of the element shall— 

14 (A) certify that the temporary detail of 

15 such employee shall not have an adverse or neg16 ative impact on mission attainment or organiza17 tional capabilities associated with the detail; 

18 and 

19 (B) in the case of an element of the intel20 ligence community in the Department of De21 fense, ensure that the normal duties and func22 tions of such employees are not, as a result of 

23 and during the course of such temporary detail, 

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1 sonnel in violation of the provisions of section 

2 2461 of title 10, United States Code. 

3 (g) TERMS AND CONDITIONS FOR PRIVATE-SECTOR

4 EMPLOYEES.—An employee of a private-sector organiza5 tion who is detailed to an element of the intelligence com6 munity under this section— 

7 (1) shall continue to receive pay and benefits 

8 from the private-sector organization from which such 

9 employee is detailed and shall not receive pay or 

10 benefits from the element, except as provided in 

11 paragraph (2); 

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

13 for the purposes of— 

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

15 States Code; 

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

17 603, 606, 607, 643, 654, 1905, and 1913 of 

18 title 18, United States Code; 

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

20 title 31, United States Code; 

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

22 Code (commonly known as the ‘‘Federal Tort 

23 Claims Act’’) and any other Federal tort liabil24 ity statute; 


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1 (E) the Ethics in Government Act of 1978 

2 (5 U.S.C. App.); and 

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

4 Code; 

5 (3) may perform work that is considered inher6 ently governmental in nature only when requested in 

7 writing by the head of the element; 

8 (4) may not be used to circumvent any limita9 tion or restriction on the size of the workforce of the 

10 element; 

11 (5) shall be subject to the same requirements 

12 applicable to an employee performing the same func13 tions and duties proposed for performance by the 

14 private sector employee; and 

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

16 community in the Department of Defense, may not 

17 be used to circumvent the provisions of section 2461 

18 of title 10, United States Code. 

19 (h) PROHIBITION AGAINST CHARGING CERTAIN

20 COSTS TO THE FEDERAL GOVERNMENT.—A private-sec21 tor organization may not charge an element of the intel22 ligence community or any other agency of the Federal 

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

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

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1 nity under this section for the period of the detail and 

2 any subsequent renewal periods. 

3 (i) ADDITIONAL ADMINISTRATIVE MATTERS.—In 

4 carrying out this section, the Director, pursuant to proce5 dures developed under subsection (a)— 

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

7 small business concerns are represented with respect 

8 to details authorized by this section; 

9 (2) may, notwithstanding any other provision of 

10 law, establish criteria for elements of the intelligence 

11 community to use appropriated funds to reimburse 

12 small business concerns for the salaries and benefits 

13 of its employees during the periods when the small 

14 business concern agrees to detail its employees to 

15 the intelligence community under this section; 

16 (3) shall take into consideration the question of 

17 how details under this section might best be used to 

18 help meet the needs of the intelligence community, 

19 including with respect to the training of employees; 

20 (4) shall take into consideration areas of pri21 vate-sector expertise that are critical to the intel22 ligence community; and 

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1 ized by this section improves the efficiency and effec2 tiveness of the intelligence community. 

3 (j) DEFINITIONS.—In this section: 

4 (1) DETAIL.—The term ‘‘detail’’ means, as ap5 propriate in the context in which such term is 

6 used— 

7 (A) the assignment or loan of an employee 

8 of an element of the intelligence community to 

9 a private-sector organization without a change 

10 of position from the intelligence community ele11 ment that employs the individual; or 

12 (B) the assignment or loan of an employee 

13 of a private-sector organization to an element of 

14 the intelligence community without a change of 

15 position from the private-sector organization 

16 that employs the individual. 

17 (2) PRIVATE-SECTOR ORGANIZATION.—The 

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

19 (A) a for-profit organization; or 

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

21 (3) SMALL BUSINESS CONCERN.—The term 

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

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

24 States Code. 


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1 SEC. 305. EXPANSION OF SCOPE OF PROTECTIONS FOR 

2 IDENTITIES OF COVERT AGENTS. 

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

4 (50 U.S.C. 3126(4)) is amended— 

5 (1) in subparagraph (A)— 

6 (A) by striking clause (ii); 

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

8 inserting ‘‘; or’’; and 

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

10 follows through ‘‘whose identity’’ and inserting 

11 ‘‘agency whose identity’’; and 

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

13 and acts outside the United States’’ and inserting 

14 ‘‘acts’’. 

15 SEC. 306. INCLUSION OF SECURITY RISKS IN PROGRAM 

16 MANAGEMENT PLANS REQUIRED FOR ACQUI17 SITION OF MAJOR SYSTEMS IN NATIONAL IN18 TELLIGENCE PROGRAM. 

19 Section 102A(q)(1)(A) of the National Security Act 

20 of 1947 (50 U.S.C. 3024(q)(1)(A)) is amended by insert21 ing ‘‘security risks,’’ after ‘‘schedule,’’. 

22 SEC. 307. PAID PARENTAL LEAVE. 

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

24 (1) help the intelligence community recruit and 

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1 force capable of meeting the security goals of the 

2 United States; and 

3 (2) establish best practices and processes for 

4 other elements of the Federal Government seeking to 

5 pursue similar policies. 

6 (b) AUTHORIZATION OF PAID PARENTAL LEAVE FOR

7 INTELLIGENCE COMMUNITY EMPLOYEES.— 

8 (1) IN GENERAL.—Title III of the National Se9 curity Act of 1947 (50 U.S.C. 3071 et seq.) is 

10 amended by inserting after section 304 the fol11 lowing: 

12 ‘‘SEC. 305. PAID PARENTAL LEAVE. 

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

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

15 of the intelligence community shall have available a total 

16 of 12 administrative workweeks of paid parental leave in 

17 the event of the birth of a son or daughter to the employee, 

18 or placement of a son or daughter with the employee for 

19 adoption or foster care, and in order to care for such son 

20 or daughter, to be used during the 12-month period begin21 ning on the date of the birth or placement. 

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

23 Notwithstanding any other provision of law— 

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

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1 quest under subsection (a), including a request to 

2 use such leave intermittently or on a reduced leave 

3 schedule, to the extent that the requested leave 

4 schedule does not unduly disrupt agency operations; 

5 and 

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

7 leave schedule as described in paragraph (1) is based 

8 on medical necessity related to a serious health con9 dition connected to the birth of a son or daughter, 

10 the employing element shall handle the scheduling 

11 consistent with the treatment of employees who are 

12 using leave under subparagraph (C) or (D) of sec13 tion 6382(a)(1) of title 5, United States Code. 

14 ‘‘(c) RULES RELATING TO PAID LEAVE.—Notwith15 standing any other provision of law— 

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

17 use all or any portion of any unpaid leave available 

18 to the employee before being allowed to use the paid 

19 parental leave described in subsection (a); and 

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

21 ‘‘(A) shall be payable from any appropria22 tion or fund available for salaries or expenses 

23 for positions within the employing element; 

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

25 or vacation leave for purposes of section 5551 


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

2 any other purpose; 

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

4 end of the 12-month period described in sub5 section (a) to which the leave relates, may not 

6 be available for any subsequent use and may 

7 not be converted into a cash payment; 

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

9 that the employee does not receive a total of 

10 more than 12 weeks of paid parental leave in 

11 any 12-month period beginning on the date of 

12 a birth or placement; 

13 ‘‘(E) may not be granted— 

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

15 total of 30 administrative workweeks based 

16 on placements of a foster child for any in17 dividual employee; or 

18 ‘‘(ii) in connection with temporary fos19 ter care placements expected to last less 

20 than 1 year; 

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

22 placed for foster care or adoption if such leave 

23 was previously granted to the same employee 

24 when the same child was placed with the em25 ployee for foster care in the past; 


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

2 (or fractions thereof), with 12 administrative 

3 workweeks equal to 480 hours for employees 

4 with a regular full-time work schedule and con5 verted to a proportional number of hours for 

6 employees with part-time, seasonal, or uncom7 mon tours of duty; and 

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

9 (nonpay status) periods for employees with sea10 sonal work schedules. 

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

12 year after the date of enactment of this section, the Direc13 tor of National Intelligence shall provide the congressional 

14 intelligence committees with an implementation plan that 

15 includes— 

16 ‘‘(1) processes and procedures for implementing 

17 the paid parental leave policies under subsections (a) 

18 through (c); 

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

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

21 policies of other elements of the Federal Govern22 ment, including the impact on elements funded by 

23 the National Intelligence Program that are housed 

24 within agencies outside the intelligence community; 


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1 ‘‘(3) the projected impact of the implementation 

2 of subsections (a) through (c) on the workforce of 

3 the intelligence community, including take rates, re4 tention, recruiting, and morale, broken down by each 

5 element of the intelligence community; and 

6 ‘‘(4) all costs or operational expenses associated 

7 with the implementation of subsections (a) through 

8 (c). 

9 ‘‘(e) DIRECTIVE.—Not later than 90 days after the 

10 Director of National Intelligence submits the implementa11 tion plan under subsection (d), the Director of National 

12 Intelligence shall issue a written directive to implement 

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

14 of issuance. 

15 ‘‘(f) ANNUAL REPORT.—The Director of National In16 telligence shall submit to the congressional intelligence 

17 committees an annual report that— 

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

19 element of the intelligence community who applied 

20 for and took paid parental leave under subsection 

21 (a) during the year covered by the report; and 

22 ‘‘(2) includes updates on major implementation 

23 challenges or costs associated with paid parental 

24 leave. 


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1 ‘‘(g) DEFINITION OF SON OR DAUGHTER.—For pur2 poses of this section, the term ‘son or daughter’ has the 

3 meaning given the term in section 6381 of title 5, United 

4 States Code.’’. 

5 (2) CLERICAL AMENDMENT.—The table of con6 tents in the matter preceding section 2 of the Na7 tional Security Act of 1947 (50 U.S.C. 3002) is 

8 amended by inserting after the item relating to sec9 tion 304 the following: 

‘‘Sec. 305. Paid parental leave.’’. 

10 (c) APPLICABILITY.—Section 305 of the National Se11 curity Act of 1947, as added by subsection (b), shall apply 

12 with respect to leave taken in connection with the birth 

13 or placement of a son or daughter that occurs on or after 

14 the date on which the Director of National Intelligence 

15 issues the written directive under subsection (e) of such 

16 section 305. 

17 Subtitle B—Office of the Director 

18 of National Intelligence 

19 SEC. 311. EXCLUSIVITY, CONSISTENCY, AND TRANS20 PARENCY IN SECURITY CLEARANCE PROCE21 DURES AND RIGHT TO APPEAL. 

22 (a) EXCLUSIVITY OF PROCEDURES.—Section 801 of 

23 the National Security Act of 1947 (50 U.S.C. 3161) is 

24 amended by adding at the end the following: 


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1 ‘‘(c) EXCLUSIVITY.—Except as provided in sub2 section (b) and subject to sections 801A and 801B, the 

3 procedures established pursuant to subsection (a) shall be 

4 the exclusive procedures by which decisions about eligi5 bility for access to classified information are governed.’’. 

6 (b) TRANSPARENCY.—Such section is further amend7 ed by adding at the end the following: 

8 ‘‘(d) PUBLICATION.— 

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

10 after the date of the enactment of this subsection, 

11 the President shall— 

12 ‘‘(A) publish in the Federal Register the 

13 procedures established pursuant to subsection 

14 (a); or 

15 ‘‘(B) submit to Congress a certification 

16 that the procedures currently in effect that gov17 ern access to classified information as described 

18 in subsection (a)— 

19 ‘‘(i) are published in the Federal Reg20 ister; and 

21 ‘‘(ii) comply with the requirements of 

22 subsection (a). 

23 ‘‘(2) UPDATES.—Whenever the President 

24 makes a revision to a procedure established pursuant 

25 to subsection (a), the President shall publish such 


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1 revision in the Federal Register not later than 30 

2 days before the date on which the revision becomes 

3 effective.’’. 

4 (c) CONSISTENCY.— 

5 (1) IN GENERAL.—Title VIII of the National 

6 Security Act of 1947 (50 U.S.C. 3161 et seq.) is 

7 amended by inserting after section 801 the fol8 lowing: 

9 ‘‘SEC. 801A. DECISIONS RELATING TO ACCESS TO CLASSI10 FIED INFORMATION. 

11 ‘‘(a) DEFINITIONS.—In this section: 

12 ‘‘(1) AGENCY.—The term ‘agency’ has the 

13 meaning given the term ‘Executive agency’ in section 

14 105 of title 5, United States Code. 

15 ‘‘(2) CLASSIFIED INFORMATION.—The term 

16 ‘classified information’ includes sensitive compart17 mented information, restricted data, restricted han18 dling information, and other compartmented infor19 mation. 

20 ‘‘(3) ELIGIBILITY FOR ACCESS TO CLASSIFIED

21 INFORMATION.—The term ‘eligibility for access to 

22 classified information’ has the meaning given such 

23 term in the procedures established pursuant to sec24 tion 801(a). 


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1 ‘‘(b) IN GENERAL.—Each head of an agency that 

2 makes a determination regarding eligibility for access to 

3 classified information shall ensure that in making the de4 termination, the head of the agency or any person acting 

5 on behalf of the agency— 

6 ‘‘(1) does not violate any right or protection en7 shrined in the Constitution of the United States, in8 cluding rights articulated in the First, Fifth, and 

9 Fourteenth Amendments; 

10 ‘‘(2) does not discriminate for or against an in11 dividual on the basis of race, color, religion, sex, na12 tional origin, age, or handicap; 

13 ‘‘(3) is not carrying out— 

14 ‘‘(A) retaliation for political activities or 

15 beliefs; or 

16 ‘‘(B) a coercion or reprisal described in 

17 section 2302(b)(3) of title 5, United States 

18 Code; and 

19 ‘‘(4) does not violate section 3001(j)(1) of the 

20 Intelligence Reform and Terrorism Prevention Act 

21 of 2004 (50 U.S.C. 3341(j)(1)).’’. 

22 (2) CLERICAL AMENDMENT.—The table of con23 tents in the matter preceding section 2 of the Na24 tional Security Act of 1947 (50 U.S.C. 3002) is 


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1 amended by inserting after the item relating to sec2 tion 801 the following: 

‘‘Sec. 801A. Decisions relating to access to classified information.’’. 

3 (d) RIGHT TO APPEAL.— 

4 (1) IN GENERAL.—Such title, as amended by 

5 subsection (c), is further amended by inserting after 

6 section 801A the following: 

7 ‘‘SEC. 801B. RIGHT TO APPEAL. 

8 ‘‘(a) DEFINITIONS.—In this section: 

9 ‘‘(1) AGENCY.—The term ‘agency’ has the 

10 meaning given the term ‘Executive agency’ in section 

11 105 of title 5, United States Code. 

12 ‘‘(2) COVERED PERSON.—The term ‘covered 

13 person’ means a person, other than the President 

14 and Vice President, currently or formerly employed 

15 in, detailed to, assigned to, or issued an authorized 

16 conditional offer of employment for a position that 

17 requires access to classified information by an agen18 cy, including the following: 

19 ‘‘(A) A member of the Armed Forces. 

20 ‘‘(B) A civilian. 

21 ‘‘(C) An expert or consultant with a con22 tractual or personnel obligation to an agency. 

23 ‘‘(D) Any other category of person who 

24 acts for or on behalf of an agency as deter25 mined by the head of the agency. 


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1 ‘‘(3) ELIGIBILITY FOR ACCESS TO CLASSIFIED

2 INFORMATION.—The term ‘eligibility for access to 

3 classified information’ has the meaning given such 

4 term in the procedures established pursuant to sec5 tion 801(a). 

6 ‘‘(4) NEED FOR ACCESS.—The term ‘need for 

7 access’ has such meaning as the President may de8 fine in the procedures established pursuant to sec9 tion 801(a). 

10 ‘‘(5) SECURITY EXECUTIVE AGENT.—The term 

11 ‘Security Executive Agent’ means the officer serving 

12 as the Security Executive Agent pursuant to section 

13 803. 

14 ‘‘(b) AGENCY REVIEW.— 

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

16 after the date of the enactment of the Damon Paul 

17 Nelson and Matthew Young Pollard Intelligence Au18 thorization Act for Fiscal Years 2018, 2019, and 

19 2020, each head of an agency shall, consistent with 

20 the interest of national security, establish and pub21 lish in the Federal Register a process by which a 

22 covered person to whom eligibility for access to clas23 sified information was denied or revoked by the 

24 agency can appeal that denial or revocation within 

25 the agency. 


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1 ‘‘(2) ELEMENTS.—The process required by 

2 paragraph (1) shall include the following: 

3 ‘‘(A) In the case of a covered person to 

4 whom eligibility for access to classified informa5 tion is denied or revoked by an agency, the fol6 lowing: 

7 ‘‘(i) The head of the agency shall pro8 vide the covered person with a written— 

9 ‘‘(I) detailed explanation of the 

10 basis for the denial or revocation as 

11 the head of the agency determines is 

12 consistent with the interests of na13 tional security and as permitted by 

14 other applicable provisions of law; and 

15 ‘‘(II) notice of the right of the 

16 covered person to a hearing and ap17 peal under this subsection. 

18 ‘‘(ii) Not later than 30 days after re19 ceiving a request from the covered person 

20 for copies of the documents that formed 

21 the basis of the agency’s decision to revoke 

22 or deny, including the investigative file, the 

23 head of the agency shall provide to the cov24 ered person copies of such documents as— 


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1 ‘‘(I) the head of the agency de2 termines is consistent with the inter3 ests of national security; and 

4 ‘‘(II) permitted by other applica5 ble provisions of law, including— 

6 ‘‘(aa) section 552 of title 5, 

7 United States Code (commonly 

8 known as the ‘Freedom of Infor9 mation Act’); 

10 ‘‘(bb) section 552a of such 

11 title (commonly known as the 

12 ‘Privacy Act of 1974’); and 

13 ‘‘(cc) such other provisions 

14 of law relating to the protection 

15 of confidential sources and pri16 vacy of individuals. 

17 ‘‘(iii)(I) The covered person shall have 

18 the opportunity to retain counsel or other 

19 representation at the covered person’s ex20 pense. 

21 ‘‘(II) Upon the request of the covered 

22 person, and a showing that the ability to 

23 review classified information is essential to 

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1 tained under this clause shall be considered 

2 for access to classified information for the 

3 limited purposes of such appeal. 

4 ‘‘(iv)(I) The head of the agency shall 

5 provide the covered person an opportunity, 

6 at a point in the process determined by the 

7 agency head— 

8 ‘‘(aa) to appear personally before 

9 an adjudicative or other authority, 

10 other than the investigating entity, 

11 and to present to such authority rel12 evant documents, materials, and infor13 mation, including evidence that past 

14 problems relating to the denial or rev15 ocation have been overcome or suffi16 ciently mitigated; and 

17 ‘‘(bb) to call and cross-examine 

18 witnesses before such authority, un19 less the head of the agency determines 

20 that calling and cross-examining wit21 nesses is not consistent with the inter22 ests of national security. 

23 ‘‘(II) The head of the agency shall 

24 make, as part of the security record of the 

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1 script, or recording of any appearance 

2 under item (aa) of subclause (I) or calling 

3 or cross-examining of witnesses under item 

4 (bb) of such subclause. 

5 ‘‘(v) On or before the date that is 30 

6 days after the date on which the covered 

7 person receives copies of documents under 

8 clause (ii), the covered person may request 

9 a hearing of the decision to deny or revoke 

10 by filing a written appeal with the head of 

11 the agency. 

12 ‘‘(B) A requirement that each review of a 

13 decision under this subsection is completed on 

14 average not later than 180 days after the date 

15 on which a hearing is requested under subpara16 graph (A)(v). 

17 ‘‘(3) AGENCY REVIEW PANELS.— 

18 ‘‘(A) IN GENERAL.—Each head of an 

19 agency shall establish a panel to hear and re20 view appeals under this subsection. 

21 ‘‘(B) MEMBERSHIP.— 

22 ‘‘(i) COMPOSITION.—Each panel es23 tablished by the head of an agency under 

24 subparagraph (A) shall be composed of at 

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1 lected by the head, two of whom shall not 

2 be members of the security field. 

3 ‘‘(ii) TERMS.—A term of service on a 

4 panel established by the head of an agency 

5 under subparagraph (A) shall not exceed 2 

6 years. 

7 ‘‘(C) DECISIONS.— 

8 ‘‘(i) WRITTEN.—Each decision of a 

9 panel established under subparagraph (A) 

10 shall be in writing and contain a justifica11 tion of the decision. 

12 ‘‘(ii) CONSISTENCY.—Each head of an 

13 agency that establishes a panel under sub14 paragraph (A) shall ensure that each deci15 sion of the panel is consistent with the in16 terests of national security and applicable 

17 provisions of law. 

18 ‘‘(iii) OVERTURN.—The head of an 

19 agency may overturn a decision of the 

20 panel if, not later than 30 days after the 

21 date on which the panel issues the deci22 sion, the agency head personally exercises 

23 the authority granted by this clause to 

24 overturn such decision. 


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1 ‘‘(iv) FINALITY.—Each decision of a 

2 panel established under subparagraph (A) 

3 or overturned pursuant to clause (iii) of 

4 this subparagraph shall be final but sub5 ject to appeal and review under subsection 

6 (c). 

7 ‘‘(D) ACCESS TO CLASSIFIED INFORMA8 TION.—The head of an agency that establishes 

9 a panel under subparagraph (A) shall afford ac10 cess to classified information to the members of 

11 the panel as the head determines— 

12 ‘‘(i) necessary for the panel to hear 

13 and review an appeal under this sub14 section; and 

15 ‘‘(ii) consistent with the interests of 

16 national security. 

17 ‘‘(4) REPRESENTATION BY COUNSEL.— 

18 ‘‘(A) IN GENERAL.—Each head of an 

19 agency shall ensure that, under this subsection, 

20 a covered person appealing a decision of the 

21 head’s agency under this subsection has an op22 portunity to retain counsel or other representa23 tion at the covered person’s expense. 

24 ‘‘(B) ACCESS TO CLASSIFIED INFORMA25 TION.— 


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1 ‘‘(i) IN GENERAL.—Upon the request 

2 of a covered person appealing a decision of 

3 an agency under this subsection and a 

4 showing that the ability to review classified 

5 information is essential to the resolution of 

6 the appeal under this subsection, the head 

7 of the agency shall sponsor an application 

8 by the counsel or other representation re9 tained under this paragraph for access to 

10 classified information for the limited pur11 poses of such appeal. 

12 ‘‘(ii) EXTENT OF ACCESS.—Counsel 

13 or another representative who is cleared 

14 for access under this subparagraph may be 

15 afforded access to relevant classified mate16 rials to the extent consistent with the in17 terests of national security. 

18 ‘‘(5) CORRECTIVE ACTION.— 

19 ‘‘(A) IN GENERAL.—If, in the course of 

20 proceedings under this subsection, the head of 

21 an agency or a panel established by the head 

22 under paragraph (3) decides that a covered per23 son’s eligibility for access to classified informa24 tion was improperly denied or revoked by the 

25 agency, the agency shall take corrective action 


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1 to return the covered person, as nearly as prac2 ticable and reasonable, to the position such cov3 ered person would have held had the improper 

4 denial or revocation not occurred. 

5 ‘‘(B) COMPENSATION.—Corrective action 

6 under subparagraph (A) may include compensa7 tion, in an amount not to exceed $300,000, for 

8 any loss of wages or benefits suffered, or ex9 penses otherwise incurred, by reason of such 

10 improper denial or revocation. 

11 ‘‘(6) PUBLICATION OF DECISIONS.— 

12 ‘‘(A) IN GENERAL.—Each head of an 

13 agency shall publish each final decision on an 

14 appeal under this subsection. 

15 ‘‘(B) REQUIREMENTS.—In order to ensure 

16 transparency, oversight by Congress, and mean17 ingful information for those who need to under18 stand how the clearance process works, each 

19 publication under subparagraph (A) shall be— 

20 ‘‘(i) made in a manner that is con21 sistent with section 552 of title 5, United 

22 States Code, as amended by the Electronic 

23 Freedom of Information Act Amendments 

24 of 1996 (Public Law 104–231); 


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1 ‘‘(ii) published to explain the facts of 

2 the case, redacting personally identifiable 

3 information and sensitive program infor4 mation; and 

5 ‘‘(iii) made available on a website that 

6 is searchable by members of the public. 

7 ‘‘(c) HIGHER LEVEL REVIEW.— 

8 ‘‘(1) PANEL.— 

9 ‘‘(A) ESTABLISHMENT.—Not later than 

10 180 days after the date of the enactment of the 

11 Damon Paul Nelson and Matthew Young Pol12 lard Intelligence Authorization Act for Fiscal 

13 Years 2018, 2019, and 2020, the Security Ex14 ecutive Agent shall establish a panel to review 

15 decisions made on appeals pursuant to the proc16 esses established under subsection (b). 

17 ‘‘(B) SCOPE OF REVIEW AND JURISDIC18 TION.—After initial review to verify grounds for 

19 appeal, the panel established under subpara20 graph (A) shall review such decisions only— 

21 ‘‘(i) as they relate to violations of sec22 tion 801A(b); or 

23 ‘‘(ii) to the extent to which an agency 

24 properly conducted a review of an appeal 

25 under subsection (b). 


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1 ‘‘(C) COMPOSITION.—The panel estab2 lished pursuant to subparagraph (A) shall be 

3 composed of three individuals selected by the 

4 Security Executive Agent for purposes of the 

5 panel, of whom at least one shall be an attor6 ney. 

7 ‘‘(2) APPEALS AND TIMELINESS.— 

8 ‘‘(A) APPEALS.— 

9 ‘‘(i) INITIATION.—On or before the 

10 date that is 30 days after the date on 

11 which a covered person receives a written 

12 decision on an appeal under subsection (b), 

13 the covered person may initiate oversight 

14 of that decision by filing a written appeal 

15 with the Security Executive Agent. 

16 ‘‘(ii) FILING.—A written appeal filed 

17 under clause (i) relating to a decision of an 

18 agency shall be filed in such form, in such 

19 manner, and containing such information 

20 as the Security Executive Agent may re21 quire, including— 

22 ‘‘(I) a description of— 

23 ‘‘(aa) any alleged violations 

24 of section 801A(b) relating to the 

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1 ered person’s eligibility for access 

2 to classified information; and 

3 ‘‘(bb) any allegations of how 

4 the decision may have been the 

5 result of the agency failing to 

6 properly conduct a review under 

7 subsection (b); and 

8 ‘‘(II) supporting materials and 

9 information for the allegations de10 scribed under subclause (I). 

11 ‘‘(B) TIMELINESS.—The Security Execu12 tive Agent shall ensure that, on average, review 

13 of each appeal filed under this subsection is 

14 completed not later than 180 days after the 

15 date on which the appeal is filed. 

16 ‘‘(3) DECISIONS AND REMANDS.— 

17 ‘‘(A) IN GENERAL.—If, in the course of re18 viewing under this subsection a decision of an 

19 agency under subsection (b), the panel estab20 lished under paragraph (1) decides that there is 

21 sufficient evidence of a violation of section 

22 801A(b) to merit a new hearing or decides that 

23 the decision of the agency was the result of an 

24 improperly conducted review under subsection 

25 (b), the panel shall vacate the decision made 


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1 under subsection (b) and remand to the agency 

2 by which the covered person shall be eligible for 

3 a new appeal under subsection (b). 

4 ‘‘(B) WRITTEN DECISIONS.—Each decision 

5 of the panel established under paragraph (1) 

6 shall be in writing and contain a justification of 

7 the decision. 

8 ‘‘(C) CONSISTENCY.—The panel under 

9 paragraph (1) shall ensure that each decision of 

10 the panel is consistent with the interests of na11 tional security and applicable provisions of law. 

12 ‘‘(D) FINALITY.— 

13 ‘‘(i) IN GENERAL.—Except as pro14 vided in clause (ii), each decision of the 

15 panel established under paragraph (1) 

16 shall be final. 

17 ‘‘(ii) OVERTURN.—The Security Exec18 utive Agent may overturn a decision of the 

19 panel if, not later than 30 days after the 

20 date on which the panel issues the deci21 sion, the Security Executive Agent person22 ally exercises the authority granted by this 

23 clause to overturn such decision. 

24 ‘‘(E) NATURE OF REMANDS.—In remand25 ing a decision under subparagraph (A), the 


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1 panel established under paragraph (1) may not 

2 direct the outcome of any further appeal under 

3 subsection (b). 

4 ‘‘(F) NOTICE OF DECISIONS.—For each 

5 decision of the panel established under para6 graph (1) regarding a covered person, the Secu7 rity Executive Agent shall provide the covered 

8 person with a written notice of the decision that 

9 includes a detailed description of the reasons 

10 for the decision, consistent with the interests of 

11 national security and applicable provisions of 

12 law. 

13 ‘‘(4) REPRESENTATION BY COUNSEL.— 

14 ‘‘(A) IN GENERAL.—The Security Execu15 tive Agent shall ensure that, under this sub16 section, a covered person appealing a decision 

17 under subsection (b) has an opportunity to re18 tain counsel or other representation at the cov19 ered person’s expense. 

20 ‘‘(B) ACCESS TO CLASSIFIED INFORMA21 TION.— 

22 ‘‘(i) IN GENERAL.—Upon the request 

23 of the covered person and a showing that 

24 the ability to review classified information 

25 is essential to the resolution of an appeal 


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1 under this subsection, the Security Execu2 tive Agent shall sponsor an application by 

3 the counsel or other representation re4 tained under this paragraph for access to 

5 classified information for the limited pur6 poses of such appeal. 

7 ‘‘(ii) EXTENT OF ACCESS.—Counsel 

8 or another representative who is cleared 

9 for access under this subparagraph may be 

10 afforded access to relevant classified mate11 rials to the extent consistent with the in12 terests of national security. 

13 ‘‘(5) ACCESS TO DOCUMENTS AND EMPLOY14 EES.— 

15 ‘‘(A) AFFORDING ACCESS TO MEMBERS OF

16 PANEL.—The Security Executive Agent shall 

17 afford access to classified information to the 

18 members of the panel established under para19 graph (1)(A) as the Security Executive Agent 

20 determines— 

21 ‘‘(i) necessary for the panel to review 

22 a decision described in such paragraph; 

23 and 

24 ‘‘(ii) consistent with the interests of 

25 national security. 


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1 ‘‘(B) AGENCY COMPLIANCE WITH RE2 QUESTS OF PANEL.—Each head of an agency 

3 shall comply with each request by the panel for 

4 a document and each request by the panel for 

5 access to employees of the agency necessary for 

6 the review of an appeal under this subsection, 

7 to the degree that doing so is, as determined by 

8 the head of the agency and permitted by appli9 cable provisions of law, consistent with the in10 terests of national security. 

11 ‘‘(6) PUBLICATION OF DECISIONS.— 

12 ‘‘(A) IN GENERAL.—For each final deci13 sion on an appeal under this subsection, the 

14 head of the agency with respect to which the 

15 appeal pertains and the Security Executive 

16 Agent shall each publish the decision, consistent 

17 with the interests of national security. 

18 ‘‘(B) REQUIREMENTS.—In order to ensure 

19 transparency, oversight by Congress, and mean20 ingful information for those who need to under21 stand how the clearance process works, each 

22 publication under subparagraph (A) shall be— 

23 ‘‘(i) made in a manner that is con24 sistent with section 552 of title 5, United 

25 States Code, as amended by the Electronic 


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1 Freedom of Information Act Amendments 

2 of 1996 (Public Law 104–231); 

3 ‘‘(ii) published to explain the facts of 

4 the case, redacting personally identifiable 

5 information and sensitive program infor6 mation; and 

7 ‘‘(iii) made available on a website that 

8 is searchable by members of the public. 

9 ‘‘(d) PERIOD OF TIME FOR THE RIGHT TO AP10 PEAL.— 

11 ‘‘(1) IN GENERAL.—Except as provided in para12 graph (2), any covered person who has been the sub13 ject of a decision made by the head of an agency to 

14 deny or revoke eligibility for access to classified in15 formation shall retain all rights to appeal under this 

16 section until the conclusion of the appeal process 

17 under this section. 

18 ‘‘(2) WAIVER OF RIGHTS.— 

19 ‘‘(A) PERSONS.—Any covered person may 

20 voluntarily waive the covered person’s right to 

21 appeal under this section and such waiver shall 

22 be conclusive. 

23 ‘‘(B) AGENCIES.—The head of an agency 

24 may not require a covered person to waive the 


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1 covered person’s right to appeal under this sec2 tion for any reason. 

3 ‘‘(e) WAIVER OF AVAILABILITY OF PROCEDURES FOR

4 NATIONAL SECURITY INTEREST.— 

5 ‘‘(1) IN GENERAL.—If the head of an agency 

6 determines that a procedure established under this 

7 section cannot be made available to a covered person 

8 in an exceptional case without damaging a national 

9 security interest of the United States by revealing 

10 classified information, such procedure shall not be 

11 made available to such covered person. 

12 ‘‘(2) FINALITY.—A determination under para13 graph (1) shall be final and conclusive and may not 

14 be reviewed by any other official or by any court. 

15 ‘‘(3) REPORTING.— 

16 ‘‘(A) CASE-BY-CASE.— 

17 ‘‘(i) IN GENERAL.—In each case in 

18 which the head of an agency determines 

19 under paragraph (1) that a procedure es20 tablished under this section cannot be 

21 made available to a covered person, the 

22 head shall, not later than 30 days after the 

23 date on which the head makes such deter24 mination, submit to the Security Executive 

25 Agent and to the congressional intelligence 


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1 committees a report stating the reasons for 

2 the determination. 

3 ‘‘(ii) FORM.—A report submitted 

4 under clause (i) may be submitted in clas5 sified form as necessary. 

6 ‘‘(B) ANNUAL REPORTS.— 

7 ‘‘(i) IN GENERAL.—Not less fre8 quently than once each fiscal year, the Se9 curity Executive Agent shall submit to the 

10 congressional intelligence committees a re11 port on the determinations made under 

12 paragraph (1) during the previous fiscal 

13 year. 

14 ‘‘(ii) CONTENTS.—Each report sub15 mitted under clause (i) shall include, for 

16 the period covered by the report, the fol17 lowing: 

18 ‘‘(I) The number of cases and 

19 reasons for determinations made 

20 under paragraph (1), disaggregated 

21 by agency. 

22 ‘‘(II) Such other matters as the 

23 Security Executive Agent considers 

24 appropriate. 


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1 ‘‘(f) DENIALS AND REVOCATIONS UNDER OTHER

2 PROVISIONS OF LAW.— 

3 ‘‘(1) RULE OF CONSTRUCTION.—Nothing in 

4 this section shall be construed to limit or affect the 

5 responsibility and power of the head of an agency to 

6 deny or revoke eligibility for access to classified in7 formation in the interest of national security. 

8 ‘‘(2) DENIALS AND REVOCATION.—The power 

9 and responsibility to deny or revoke eligibility for ac10 cess to classified information pursuant to any other 

11 provision of law or Executive order may be exercised 

12 only when the head of an agency determines that an 

13 applicable process established under this section can14 not be invoked in a manner that is consistent with 

15 national security. 

16 ‘‘(3) FINALITY.—A determination under para17 graph (2) shall be final and conclusive and may not 

18 be reviewed by any other official or by any court. 

19 ‘‘(4) REPORTING.— 

20 ‘‘(A) CASE-BY-CASE.— 

21 ‘‘(i) IN GENERAL.—In each case in 

22 which the head of an agency determines 

23 under paragraph (2) that determination 

24 relating to a denial or revocation of eligi25 bility for access to classified information 


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1 could not be made pursuant to a process 

2 established under this section, the head 

3 shall, not later than 30 days after the date 

4 on which the head makes such determina5 tion under paragraph (2), submit to the 

6 Security Executive Agent and to the con7 gressional intelligence committees a report 

8 stating the reasons for the determination. 

9 ‘‘(ii) FORM.—A report submitted 

10 under clause (i) may be submitted in clas11 sified form as necessary. 

12 ‘‘(B) ANNUAL REPORTS.— 

13 ‘‘(i) IN GENERAL.—Not less fre14 quently than once each fiscal year, the Se15 curity Executive Agent shall submit to the 

16 congressional intelligence committees a re17 port on the determinations made under 

18 paragraph (2) during the previous fiscal 

19 year. 

20 ‘‘(ii) CONTENTS.—Each report sub21 mitted under clause (i) shall include, for 

22 the period covered by the report, the fol23 lowing: 

24 ‘‘(I) The number of cases and 

25 reasons for determinations made 


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1 under paragraph (2), disaggregated 

2 by agency. 

3 ‘‘(II) Such other matters as the 

4 Security Executive Agent considers 

5 appropriate. 

6 ‘‘(g) RELATIONSHIP TO SUITABILITY.—No person 

7 may use a determination of suitability under part 731 of 

8 title 5, Code of Federal Regulations, or successor regula9 tion, for the purpose of denying a covered person the re10 view proceedings of this section where there has been a 

11 denial or revocation of eligibility for access to classified 

12 information. 

13 ‘‘(h) PRESERVATION OF ROLES AND RESPONSIBIL14 ITIES UNDER EXECUTIVE ORDER 10865 AND OF THE DE15 FENSE OFFICE OF HEARINGS AND APPEALS.—Nothing in 

16 this section shall be construed to diminish or otherwise 

17 affect the procedures in effect on the day before the date 

18 of the enactment of this Act for denial and revocation pro19 cedures provided to individuals by Executive Order 10865 

20 (50 U.S.C. 3161 note; relating to safeguarding classified 

21 information within industry), or successor order, including 

22 those administered through the Defense Office of Hear23 ings and Appeals of the Department of Defense under De24 partment of Defense Directive 5220.6, or successor direc25 tive. 


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1 ‘‘(i) RULE OF CONSTRUCTION RELATING TO CER2 TAIN OTHER PROVISIONS OF LAW.—This section and the 

3 processes and procedures established under this section 

4 shall not be construed to apply to paragraphs (6) and (7) 

5 of section 3001(j) of the Intelligence Reform and Ter6 rorism Prevention Act of 2004 (50 U.S.C. 3341(j)).’’. 

7 (2) CLERICAL AMENDMENT.—The table of con8 tents in the matter preceding section 2 of the Na9 tional Security Act of 1947 (50 U.S.C. 3002), as 

10 amended by subsection (c), is further amended by 

11 inserting after the item relating to section 801A the 

12 following: 

‘‘Sec. 801B. Right to appeal.’’. 

13 SEC. 312. LIMITATION ON TRANSFER OF NATIONAL INTEL14 LIGENCE UNIVERSITY. 

15 (a) LIMITATION.—Neither the Secretary of Defense 

16 nor the Director of National Intelligence may commence 

17 any activity to transfer the National Intelligence Univer18 sity out of the Defense Intelligence Agency until the Sec19 retary and the Director jointly certify each of the fol20 lowing: 

21 (1) The National Intelligence University has 

22 positively adjudicated its warning from the Middle 

23 States Commission on Higher Education and had its 

24 regional accreditation fully restored. 


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1 (2) The National Intelligence University will 

2 serve as the exclusive means by which advanced in3 telligence education is provided to personnel of the 

4 Department of Defense. 

5 (3) Military personnel will receive joint profes6 sional military education from a National Intel7 ligence University location at a non-Department of 

8 Defense agency. 

9 (4) The Department of Education will allow the 

10 Office of the Director of National Intelligence to 

11 grant advanced educational degrees. 

12 (5) A governance model jointly led by the Di13 rector and the Secretary of Defense is in place for 

14 the National Intelligence University. 

15 (b) COST ESTIMATES.— 

16 (1) DEFINITION OF APPROPRIATE COMMITTEES

17 OF CONGRESS.—In this subsection, the term ‘‘appro18 priate committees of Congress’’ means— 

19 (A) the congressional intelligence commit20 tees; 

21 (B) the Committee on Armed Services of 

22 the Senate; and 

23 (C) the Committee on Armed Services of 

24 the House of Representatives. 


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1 (2) IN GENERAL.—Before commencing any ac2 tivity to transfer the National Intelligence University 

3 out of the Defense Intelligence Agency, the Sec4 retary of Defense and the Director of National Intel5 ligence shall jointly submit to the appropriate com6 mittees of Congress an estimate of the direct and in7 direct costs of operating the National Intelligence 

8 University and the costs of transferring the National 

9 Intelligence University to another agency. 

10 (3) CONTENTS.—The estimate submitted under 

11 paragraph (2) shall include all indirect costs, includ12 ing with respect to human resources, security, facili13 ties, and information technology. 

14 SEC. 313. IMPROVING VISIBILITY INTO THE SECURITY 

15 CLEARANCE PROCESS. 

16 (a) DEFINITION OF SECURITY EXECUTIVE AGENT.— 

17 In this section, the term ‘‘Security Executive Agent’’ 

18 means the officer serving as the Security Executive Agent 

19 pursuant to section 803 of the National Security Act of 

20 1947, as added by section 605 of division B. 

21 (b) POLICY REQUIRED.—Not later than 90 days after 

22 the date of the enactment of this Act, the Security Execu23 tive Agent shall issue a policy that requires the head of 

24 each Federal agency to create, not later than December 

25 31, 2023, an electronic portal that can be used by human 


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1 resources personnel and applicants for security clearances 

2 to view information about the status of an application for 

3 a security clearance and the average time required for 

4 each phase of the security clearance process. 

5 SEC. 314. MAKING CERTAIN POLICIES AND EXECUTION 

6 PLANS RELATING TO PERSONNEL CLEAR7 ANCES AVAILABLE TO INDUSTRY PARTNERS. 

8 (a) DEFINITIONS.—In this section: 

9 (1) APPROPRIATE INDUSTRY PARTNER.—The 

10 term ‘‘appropriate industry partner’’ means a con11 tractor, licensee, or grantee (as defined in section 

12 101(a) of Executive Order 12829 (50 U.S.C. 3161 

13 note; relating to National Industrial Security Pro14 gram), as in effect on the day before the date of the 

15 enactment of this Act) that is participating in the 

16 National Industrial Security Program established by 

17 such Executive Order. 

18 (2) SECURITY EXECUTIVE AGENT.—The term 

19 ‘‘Security Executive Agent’’ means the officer serv20 ing as the Security Executive Agent pursuant to sec21 tion 803 of the National Security Act of 1947, as 

22 added by section 605 of division B. 

23 (b) SHARING OF POLICIES AND PLANS REQUIRED.— 

24 Each head of a Federal agency shall share policies and 

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1 dustry partners directly affected by such policies and plans 

2 in a manner consistent with the protection of national se3 curity as well as the goals and objectives of the National 

4 Industrial Security Program administered pursuant to Ex5 ecutive Order 12829 (50 U.S.C. 3161 note; relating to the 

6 National Industrial Security Program). 

7 (c) DEVELOPMENT OF POLICIES AND PROCEDURES

8 REQUIRED.—Not later than 90 days after the date of the 

9 enactment of this Act, the Security Executive Agent and 

10 the Director of the National Industrial Security Program 

11 shall jointly develop policies and procedures by which ap12 propriate industry partners with proper security clear13 ances and a need to know can have appropriate access to 

14 the policies and plans shared pursuant to subsection (b) 

15 that directly affect those industry partners. 

16 Subtitle C—Inspector General of 

17 the Intelligence Community 

18 SEC. 321. DEFINITIONS. 

19 In this subtitle: 

20 (1) WHISTLEBLOWER.—The term ‘‘whistle21 blower’’ means a person who makes a whistleblower 

22 disclosure. 

23 (2) WHISTLEBLOWER DISCLOSURE.—The term 

24 ‘‘whistleblower disclosure’’ means a disclosure that is 

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1 rity Act of 1947 (50 U.S.C. 3234) or section 

2 3001(j)(1) of the Intelligence Reform and Terrorism 

3 Prevention Act of 2004 (50 U.S.C. 3341(j)). 

4 SEC. 322. INSPECTOR GENERAL EXTERNAL REVIEW PANEL. 

5 (a) AUTHORITY TO CONVENE EXTERNAL REVIEW

6 PANELS.— 

7 (1) IN GENERAL.—Title XI of the National Se8 curity Act of 1947 (50 U.S.C. 3231 et seq.) is 

9 amended by adding at the end the following new sec10 tion: 

11 ‘‘SEC. 1105. INSPECTOR GENERAL EXTERNAL REVIEW 

12 PANEL. 

13 ‘‘(a) REQUEST FOR REVIEW.—An individual with a 

14 claim described in subsection (b) may submit to the In15 spector General of the Intelligence Community a request 

16 for a review of such claim by an external review panel con17 vened under subsection (c). 

18 ‘‘(b) CLAIMS AND INDIVIDUALS DESCRIBED.—A 

19 claim described in this subsection is any— 

20 ‘‘(1) claim by an individual— 

21 ‘‘(A) that the individual has been subjected 

22 to a personnel action that is prohibited under 

23 section 1104; and 


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1 ‘‘(B) who has exhausted the applicable re2 view process for the claim pursuant to enforce3 ment of such section; or 

4 ‘‘(2) claim by an individual— 

5 ‘‘(A) that he or she has been subjected to 

6 a reprisal prohibited by paragraph (1) of sec7 tion 3001(j) of the Intelligence Reform and 

8 Terrorism Prevention Act of 2004 (50 U.S.C. 

9 3341(j)); and 

10 ‘‘(B) who received a decision on an appeal 

11 regarding that claim under paragraph (4) of 

12 such section. 

13 ‘‘(c) EXTERNAL REVIEW PANEL CONVENED.— 

14 ‘‘(1) DISCRETION TO CONVENE.—Upon receipt 

15 of a request under subsection (a) regarding a claim, 

16 the Inspector General of the Intelligence Community 

17 may, at the discretion of the Inspector General, con18 vene an external review panel under this subsection 

19 to review the claim. 

20 ‘‘(2) MEMBERSHIP.— 

21 ‘‘(A) COMPOSITION.—An external review 

22 panel convened under this subsection shall be 

23 composed of three members as follows: 

24 ‘‘(i) The Inspector General of the In25 telligence Community. 


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1 ‘‘(ii) Except as provided in subpara2 graph (B), two members selected by the 

3 Inspector General as the Inspector General 

4 considers appropriate on a case-by-case 

5 basis from among inspectors general of the 

6 following: 

7 ‘‘(I) The Department of Defense. 

8 ‘‘(II) The Department of Energy. 

9 ‘‘(III) The Department of Home10 land Security. 

11 ‘‘(IV) The Department of Jus12 tice. 

13 ‘‘(V) The Department of State. 

14 ‘‘(VI) The Department of the 

15 Treasury. 

16 ‘‘(VII) The Central Intelligence 

17 Agency. 

18 ‘‘(VIII) The Defense Intelligence 

19 Agency. 

20 ‘‘(IX) The National Geospatial21 Intelligence Agency. 

22 ‘‘(X) The National Reconnais23 sance Office. 

24 ‘‘(XI) The National Security 

25 Agency. 


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1 ‘‘(B) LIMITATION.—An inspector general 

2 of an agency may not be selected to sit on the 

3 panel under subparagraph (A)(ii) to review any 

4 matter relating to a decision made by such 

5 agency. 

6 ‘‘(C) CHAIRPERSON.— 

7 ‘‘(i) IN GENERAL.—Except as pro8 vided in clause (ii), the chairperson of any 

9 panel convened under this subsection shall 

10 be the Inspector General of the Intelligence 

11 Community. 

12 ‘‘(ii) CONFLICTS OF INTEREST.—If 

13 the Inspector General of the Intelligence 

14 Community finds cause to recuse himself 

15 or herself from a panel convened under 

16 this subsection, the Inspector General of 

17 the Intelligence Community shall— 

18 ‘‘(I) select a chairperson from in19 spectors general of the elements listed 

20 under subparagraph (A)(ii) whom the 

21 Inspector General of the Intelligence 

22 Community considers appropriate; 

23 and 


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1 ‘‘(II) notify the congressional in2 telligence committees of such selec3 tion. 

4 ‘‘(3) PERIOD OF REVIEW.—Each external re5 view panel convened under this subsection to review 

6 a claim shall complete review of the claim no later 

7 than 270 days after the date on which the Inspector 

8 General convenes the external review panel. 

9 ‘‘(d) REMEDIES.— 

10 ‘‘(1) PANEL RECOMMENDATIONS.—If an exter11 nal review panel convened under subsection (c) de12 termines, pursuant to a review of a claim submitted 

13 by an individual under subsection (a), that the indi14 vidual was the subject of a personnel action prohib15 ited under section 1104 or was subjected to a re16 prisal prohibited by section 3001(j)(1) of the Intel17 ligence Reform and Terrorism Prevention Act of 

18 2004 (50 U.S.C. 3341(j)(1)), the panel may rec19 ommend that the agency head take corrective ac20 tion— 

21 ‘‘(A) in the case of an employee or former 

22 employee— 

23 ‘‘(i) to return the employee or former 

24 employee, as nearly as practicable and rea25 sonable, to the position such employee or 


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1 former employee would have held had the 

2 reprisal not occurred; or 

3 ‘‘(ii) reconsider the employee’s or 

4 former employee’s eligibility for access to 

5 classified information consistent with na6 tional security; or 

7 ‘‘(B) in any other case, such other action 

8 as the external review panel considers appro9 priate. 

10 ‘‘(2) AGENCY ACTION.— 

11 ‘‘(A) IN GENERAL.—Not later than 90 

12 days after the date on which the head of an 

13 agency receives a recommendation from an ex14 ternal review panel under paragraph (1), the 

15 head shall— 

16 ‘‘(i) give full consideration to such 

17 recommendation; and 

18 ‘‘(ii) inform the panel and the Direc19 tor of National Intelligence of what action 

20 the head has taken with respect to the rec21 ommendation. 

22 ‘‘(B) FAILURE TO INFORM.—The Director 

23 shall notify the President of any failures to 

24 comply with subparagraph (A)(ii). 

25 ‘‘(e) ANNUAL REPORTS.— 


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

2 once each year, the Inspector General of the Intel3 ligence Community shall submit to the congressional 

4 intelligence committees and the Director of National 

5 Intelligence a report on the activities under this sec6 tion during the previous year. 

7 ‘‘(2) CONTENTS.—Subject to such limitations 

8 as the Inspector General of the Intelligence Commu9 nity considers necessary to protect the privacy of an 

10 individual who has made a claim described in sub11 section (b), each report submitted under paragraph 

12 (1) shall include, for the period covered by the re13 port, the following: 

14 ‘‘(A) The determinations and recommenda15 tions made by the external review panels con16 vened under this section. 

17 ‘‘(B) The responses of the heads of agen18 cies that received recommendations from the ex19 ternal review panels.’’. 

20 (2) TABLE OF CONTENTS AMENDMENT.—The 

21 table of contents in the first section of the National 

22 Security Act of 1947 is amended by adding at the 

23 end the following new item: 

‘‘Sec. 1105. Inspector General external review panel.’’. 


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1 (b) RECOMMENDATION ON ADDRESSING WHISTLE2 BLOWER APPEALS RELATING TO REPRISAL COMPLAINTS

3 AGAINST INSPECTORS GENERAL.— 

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

5 after the date of the enactment of this Act, the In6 spector General of the Intelligence Community shall 

7 submit to the congressional intelligence committees a 

8 recommendation on how to ensure that— 

9 (A) a whistleblower in the intelligence com10 munity who has a complaint against an inspec11 tor general in the intelligence community and 

12 who alleges a reprisal, has available the agency 

13 adjudication and appellate review provided 

14 under section 1104 of the National Security Act 

15 of 1947 (50 U.S.C. 3234); and 

16 (B) any such whistleblower who has ex17 hausted the applicable review process may re18 quest an external review panel and receive one, 

19 at the discretion of the Inspector General of the 

20 Intelligence Community. 

21 (2) CONTENTS.—The recommendation sub22 mitted pursuant to paragraph (1) shall include the 

23 following: 

24 (A) A discussion of whether and to what 

25 degree section 1105 of the National Security 


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1 Act of 1947, as added by subsection (a)(1), pro2 vides appropriate authorities and mechanisms 

3 to provide an external review panel as described 

4 in paragraph (1) of this subsection and for the 

5 purposes described in such paragraph. 

6 (B) Such recommendations for legislative 

7 or administrative action as the Inspector Gen8 eral may have with respect to providing an ex9 ternal review panel as described in paragraph 

10 (1) and for the purposes described in such 

11 paragraph. 

12 SEC. 323. HARMONIZATION OF WHISTLEBLOWER PROC13 ESSES AND PROCEDURES. 

14 (a) IN GENERAL.—Not later than 270 days after the 

15 date of the enactment of this Act, the Inspector General 

16 of the Intelligence Community, in coordination with the 

17 Intelligence Community Inspectors General Forum, shall 

18 develop recommendations, applicable to all inspectors gen19 eral of elements of the intelligence community, regarding 

20 the harmonization of instructions, policies, and directives 

21 relating to processes, procedures, and timelines for claims 

22 and appeals relating to allegations of personnel actions 

23 prohibited under section 1104 of the National Security 

24 Act of 1947 or reprisals prohibited by section 3001(j)(1) 


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1 of the Intelligence Reform and Terrorism Prevention Act 

2 of 2004 (50 U.S.C. 3341(j)(1)). 

3 (b) TRANSPARENCY AND PROTECTION.—In devel4 oping recommendations under subsection (a), the Inspec5 tor General of the Intelligence Community shall make ef6 forts to maximize transparency and protect whistle7 blowers. 

8 SEC. 324. INTELLIGENCE COMMUNITY OVERSIGHT OF 

9 AGENCY WHISTLEBLOWER ACTIONS. 

10 (a) FEASIBILITY STUDY.— 

11 (1) IN GENERAL.—Not later than 1 year after 

12 the date of the enactment of this Act, the Inspector 

13 General of the Intelligence Community, in consulta14 tion with the Intelligence Community Inspectors 

15 General Forum, shall complete a feasibility study on 

16 establishing a hotline whereby all complaints of 

17 whistleblowers relating to the intelligence community 

18 are automatically referred to the Inspector General 

19 of the Intelligence Community. 

20 (2) ELEMENTS.—The feasibility study con21 ducted pursuant to paragraph (1) shall include the 

22 following: 

23 (A) The anticipated number of annual 

24 whistleblower complaints received by all ele25 ments of the intelligence community. 


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1 (B) The additional resources required to 

2 implement the hotline, including personnel and 

3 technology. 

4 (C) The resulting budgetary effects. 

5 (D) Findings from the system established 

6 pursuant to subsection (b). 

7 (b) OVERSIGHT SYSTEM REQUIRED.—Not later than 

8 180 days after the date of the enactment of this Act, the 

9 Inspector General of the Intelligence Community shall es10 tablish a system whereby the Inspector General is pro11 vided, in near real time, the following: 

12 (1) All information relating to complaints by 

13 whistleblowers relating to the programs and activi14 ties under the jurisdiction of the Director of Na15 tional Intelligence. 

16 (2) Any inspector general actions relating to 

17 such complaints. 

18 (c) PRIVACY PROTECTIONS.— 

19 (1) POLICIES AND PROCEDURES REQUIRED.— 

20 Before establishing the system required by sub21 section (b), the Inspector General of the Intelligence 

22 Community shall establish policies and procedures to 

23 protect the privacy of whistleblowers and protect 

24 against further dissemination of whistleblower infor25 mation without consent of the whistleblower. 


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1 (2) CONTROL OF DISTRIBUTION.—The system 

2 established under subsection (b) shall provide whis3 tleblowers the option of prohibiting distribution of 

4 their complaints to the Inspector General of the In5 telligence Community. 

6 SEC. 325. REPORT ON CLEARED WHISTLEBLOWER ATTOR7 NEYS. 

8 (a) REPORT REQUIRED.—Not later than 1 year after 

9 the date of the enactment of this Act, the Inspector Gen10 eral of the Intelligence Community shall submit to the con11 gressional intelligence committees a report on access to 

12 cleared attorneys by whistleblowers in the intelligence 

13 community. 

14 (b) CONTENTS.—The report submitted pursuant to 

15 subsection (a) shall include the following: 

16 (1) The number of whistleblowers in the intel17 ligence community who sought to retain a cleared at18 torney and at what stage they sought such an attor19 ney. 

20 (2) For the 3-year period preceding the report, 

21 the following: 

22 (A) The number of limited security agree23 ments (LSAs). 

24 (B) The scope and clearance levels of such 

25 limited security agreements. 


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1 (C) The number of whistleblowers rep2 resented by cleared counsel. 

3 (3) Recommendations for legislative or adminis4 trative action to ensure that whistleblowers in the 

5 intelligence community have access to cleared attor6 neys, including improvements to the limited security 

7 agreement process and such other options as the In8 spector General of the Intelligence Community con9 siders appropriate. 

10 (c) SURVEY.—The Inspector General of the Intel11 ligence Community shall ensure that the report submitted 

12 under subsection (a) is based on— 

13 (1) data from a survey of whistleblowers whose 

14 claims are reported to the Inspector General of the 

15 Intelligence Community by means of the oversight 

16 system established pursuant to section 324; 

17 (2) information obtained from the inspectors 

18 general of the intelligence community; or 

19 (3) information from such other sources as may 

20 be identified by the Inspector General of the Intel21 ligence Community. 


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1 TITLE IV—REPORTS AND OTHER 

2 MATTERS 

3 SEC. 401. STUDY ON FOREIGN EMPLOYMENT OF FORMER 

4 PERSONNEL OF INTELLIGENCE COMMUNITY. 

5 (a) STUDY.—The Director of National Intelligence, 

6 in coordination with the Secretary of Defense and the Sec7 retary of State, shall conduct a study of matters relating 

8 to the foreign employment of former personnel of the intel9 ligence community. 

10 (b) ELEMENTS.—The study conducted pursuant to 

11 subsection (a) shall address the following: 

12 (1) Issues that pertain to former employees of 

13 the intelligence community working with, or in sup14 port of, foreign governments, and the nature and 

15 scope of those concerns. 

16 (2) Such legislative or administrative action as 

17 may be necessary for both front-end screening and 

18 in-progress oversight by the Director of Defense 

19 Trade Controls of licenses issued by the Director for 

20 former employees of the intelligence community 

21 working for foreign governments. 

22 (3) How increased requirements could be im23 posed for periodic compliance reporting when li24 censes are granted for companies or organizations 

25 that employ former personnel of the intelligence 


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1 community to execute contracts with foreign govern2 ments. 

3 (c) REPORT AND PLAN.— 

4 (1) DEFINITION OF APPROPRIATE COMMITTEES

5 OF CONGRESS.—In this subsection, the term ‘‘appro6 priate committees of Congress’’ means— 

7 (A) the congressional intelligence commit8 tees; 

9 (B) the Committee on Armed Services and 

10 the Committee on Foreign Relations of the Sen11 ate; and 

12 (C) the Committee on Armed Services and 

13 the Committee on Foreign Affairs of the House 

14 of Representatives. 

15 (2) IN GENERAL.—Not later than 180 days 

16 after the date of the enactment of this Act, the Di17 rector of National Intelligence shall submit to the 

18 appropriate committees of Congress— 

19 (A) a report on the findings of the Direc20 tor with respect to the study conducted pursu21 ant to subsection (a); and 

22 (B) a plan to carry out such administrative 

23 actions as the Director considers appropriate 

24 pursuant to the findings described in subpara25 graph (A). 


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1 SEC. 402. COMPREHENSIVE ECONOMIC ASSESSMENT OF IN2 VESTMENT IN KEY UNITED STATES TECH3 NOLOGIES BY COMPANIES OR ORGANIZA4 TIONS LINKED TO CHINA. 

5 (a) ASSESSMENT REQUIRED.—Not later than 90 

6 days after the date of the enactment of this Act, the Direc7 tor of National Intelligence, in coordination with the Di8 rector of the National Counterintelligence and Security 

9 Center, the Director of the Federal Bureau of Investiga10 tion, the Director of the Central Intelligence Agency, the 

11 Secretary of the Treasury, and the heads of such other 

12 Federal agencies as the Director of National Intelligence 

13 considers appropriate, shall submit to the congressional 

14 intelligence committees a comprehensive economic assess15 ment of investment in key United States technologies, in16 cluding emerging technologies, by companies or organiza17 tions linked to China, including the implications of these 

18 investments for the national security of the United States. 

19 (b) FORM OF ASSESSMENT.—The assessment sub20 mitted under subsection (a) shall be submitted in unclassi21 fied form, but may include a classified annex. 

22 SEC. 403. ANALYSIS OF AND PERIODIC BRIEFINGS ON 

23 MAJOR INITIATIVES OF INTELLIGENCE COM24 MUNITY IN ARTIFICIAL INTELLIGENCE AND 

25 MACHINE LEARNING. 

26 (a) ANALYSIS.— 


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

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

3 of National Intelligence shall, in coordination with 

4 the heads of such elements of the intelligence com5 munity as the Director considers appropriate— 

6 (A) complete a comprehensive analysis of 

7 the major initiatives of the intelligence commu8 nity in artificial intelligence and machine learn9 ing; and 

10 (B) submit to the congressional intelligence 

11 committees a report on the findings of the Di12 rector with respect to the analysis conducted 

13 pursuant to subparagraph (A). 

14 (2) ELEMENTS.—The analysis conducted under 

15 paragraph (1)(A) shall include analyses of how the 

16 initiatives described in such paragraph— 

17 (A) correspond with the strategy of the in18 telligence community entitled ‘‘Augmenting In19 telligence Using Machines’’; 

20 (B) complement each other and avoid un21 necessary duplication; 

22 (C) are coordinated with the efforts of the 

23 Defense Department on artificial intelligence, 

24 including efforts at the Joint Artificial Intel25 ligence Center (JAIC) and Project Maven; and 


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1 (D) leverage advances in artificial intel2 ligence and machine learning in the private sec3 tor. 

4 (b) PERIODIC BRIEFINGS.—Not later than 30 days 

5 after the date of the enactment of this Act, not less fre6 quently than twice each year thereafter until the date that 

7 is 2 years after the date of the enactment of this Act, 

8 and not less frequently than once each year thereafter 

9 until the date that is 7 years after the date of the enact10 ment of this Act, the Director and the Chief Information 

11 Officer of the Department of Defense shall jointly provide 

12 to the congressional intelligence committees and congres13 sional defense committees (as defined in section 101 of 

14 title 10, United States Code) briefings with updates on 

15 activities relating to, and the progress of, their respective 

16 artificial intelligence and machine learning initiatives, par17 ticularly the Augmenting Intelligence Using Machines ini18 tiative and the Joint Artificial Intelligence Center. 

19 SEC. 404. ENCOURAGING COOPERATIVE ACTIONS TO DE20 TECT AND COUNTER FOREIGN INFLUENCE 

21 OPERATIONS. 

22 (a) FINDINGS.—Congress makes the following find23 ings: 

24 (1) The Russian Federation, through military 

25 intelligence units, also known as the ‘‘GRU’’, and 


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1 Kremlin-linked troll organizations often referred to 

2 as the ‘‘Internet Research Agency’’, deploy informa3 tion warfare operations against the United States, 

4 its allies and partners, with the goal of advancing 

5 the strategic interests of the Russian Federation. 

6 (2) One line of effort deployed as part of these 

7 information warfare operations is the weaponization 

8 of social media platforms with the goals of inten9 sifying societal tensions, undermining trust in gov10 ernmental institutions within the United States, its 

11 allies and partners in the West, and generally sow12 ing division, fear, and confusion. 

13 (3) These information warfare operations are a 

14 threat to the national security of the United States 

15 and that of the allies and partners of the United 

16 States. As Director of National Intelligence Dan 

17 Coats stated, ‘‘These actions are persistent, they are 

18 pervasive and they are meant to undermine Amer19 ica’s democracy.’’. 

20 (4) These information warfare operations con21 tinue to evolve and increase in sophistication. 

22 (5) Other foreign adversaries and hostile non23 state actors will increasingly adopt similar tactics of 

24 deploying information warfare operations against the 

25 West. 


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1 (6) Technological advances, including artificial 

2 intelligence, will only make it more difficult in the 

3 future to detect fraudulent accounts, deceptive mate4 rial posted on social media, and malign behavior on 

5 social media platforms. 

6 (7) Because these information warfare oper7 ations are deployed within and across private social 

8 media platforms, the companies that own these plat9 forms have a responsibility to detect and remove for10 eign adversary networks operating clandestinely on 

11 their platforms. 

12 (8) The social media companies are inherently 

13 technologically sophisticated and adept at rapidly 

14 analyzing large amounts of data and developing soft15 ware-based solutions to diverse and ever-changing 

16 challenges on their platforms, which makes them 

17 well-equipped to address the threat occurring on 

18 their platforms. 

19 (9) Independent analyses confirmed Kremlin20 linked threat networks, based on data provided by 

21 several social media companies to the Select Com22 mittee on Intelligence of the Senate, thereby dem23 onstrating that it is possible to discern both broad 

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1 ations and specific fraudulent behavior on social 

2 media platforms. 

3 (10) General Paul Nakasone, Director of the 

4 National Security Agency, emphasized the impor5 tance of these independent analyses to the planning 

6 and conduct of military cyber operations to frustrate 

7 Kremlin-linked information warfare operations 

8 against the 2018 mid-term elections. General 

9 Nakasone stated that the reports ‘‘were very, very 

10 helpful in terms of being able to understand exactly 

11 what our adversary was trying to do to build dissent 

12 within our nation.’’. 

13 (11) Institutionalizing ongoing robust, inde14 pendent, and vigorous analysis of data related to 

15 foreign threat networks within and across social 

16 media platforms will help counter ongoing informa17 tion warfare operations against the United States, 

18 its allies, and its partners. 

19 (12) Archiving and disclosing to the public the 

20 results of these analyses by the social media compa21 nies and trusted third-party experts in a transparent 

22 manner will serve to demonstrate that the social 

23 media companies are detecting and removing foreign 

24 malign activities from their platforms while pro25 tecting the privacy of the people of the United 


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1 States and will build public understanding of the 

2 scale and scope of these foreign threats to our de3 mocracy, since exposure is one of the most effective 

4 means to build resilience. 

5 (b) SENSE OF THE SENATE.—It is the sense of the 

6 Senate that— 

7 (1) the social media companies should cooperate 

8 among themselves and with independent organiza9 tions and researchers on a sustained and regular 

10 basis to share and analyze data and indicators rel11 evant to foreign information warfare operations 

12 within and across their platforms in order to detect 

13 and counter foreign information warfare operations 

14 that threaten the national security of the United 

15 States and its allies and partners; 

16 (2) these analytic efforts should be organized in 

17 such a fashion as to meet the highest standards of 

18 ethics, confidentiality, and privacy protection of the 

19 people of the United States; 

20 (3) these analytic efforts should be undertaken 

21 as soon as possible to facilitate countering ongoing 

22 Kremlin, Kremlin-linked, and other foreign informa23 tion warfare operations and to aid in preparations 

24 for the United States presidential and congressional 

25 elections in 2020 and beyond; 


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1 (4) the structure and operations of social media 

2 companies make them well positioned to address for3 eign adversary threat networks within and across 

4 their platforms, and these efforts could be conducted 

5 without direct Government involvement, direction, or 

6 regulation; and 

7 (5) if the social media industry fails to take 

8 sufficient action to address foreign adversary threat 

9 networks operating within or across their platforms, 

10 Congress would have to consider additional safe11 guards for ensuring that this threat is effectively 

12 mitigated. 

13 (c) AUTHORITY TO FACILITATE ESTABLISHMENT OF

14 SOCIAL MEDIA DATA ANALYSIS CENTER.— 

15 (1) AUTHORITY.—The Director of National In16 telligence, in coordination with the Secretary of De17 fense, may facilitate, by grant or contract or under 

18 an existing authority of the Director, the establish19 ment of a Social Media Data Analysis Center with 

20 the functions described in paragraph (2) at an inde21 pendent, nonprofit organization. 

22 (2) FUNCTIONS.—The functions described in 

23 this paragraph are the following: 

24 (A) Acting as a convening and sponsoring 

25 authority for cooperative social media data 


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1 analysis of foreign threat networks involving so2 cial media companies and third-party experts, 

3 nongovernmental organizations, data journal4 ists, federally funded research and development 

5 centers, and academic researchers. 

6 (B) Facilitating analysis within and across 

7 the individual social media platforms for the 

8 purpose of detecting, exposing, and countering 

9 clandestine foreign influence operations and re10 lated unlawful activities that fund or subsidize 

11 such operations. 

12 (C) Developing processes to share informa13 tion from government entities on foreign influ14 ence operations with the individual social media 

15 companies to inform threat analysis, and work16 ing with the Office of the Director of National 

17 Intelligence as appropriate. 

18 (D) Determining and making public cri19 teria for identifying which companies, organiza20 tions, or researchers qualify for inclusion in the 

21 activities of the Center, and inviting entities 

22 that fit the criteria to join. 

23 (E) Determining jointly with the social 

24 media companies what data and metadata re25 lated to indicators of foreign adversary threat 


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1 networks from their platforms and business op2 erations will be made available for access and 

3 analysis. 

4 (F) Developing and making public the cri5 teria and standards that must be met for com6 panies, other organizations, and individual re7 searchers to access and analyze data relating to 

8 foreign adversary threat networks within and 

9 across social media platforms and publish or 

10 otherwise use the results. 

11 (G) Developing and making public the eth12 ical standards for investigation of foreign threat 

13 networks and use of analytic results and for 

14 protection of the privacy of the customers and 

15 users of the social media platforms and of the 

16 proprietary information of the social media 

17 companies. 

18 (H) Developing technical, contractual, and 

19 procedural controls to prevent misuse of data, 

20 including any necessary auditing procedures, 

21 compliance checks, and review mechanisms. 

22 (I) Developing and making public criteria 

23 and conditions under which the Center shall 

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1 curity from, or violations of the law involving, 

2 foreign activities on social media platforms. 

3 (J) Developing a searchable, public archive 

4 aggregating information related to foreign influ5 ence and disinformation operations to build a 

6 collective understanding of the threats and fa7 cilitate future examination consistent with pri8 vacy protections. 

9 (d) REPORTING AND NOTIFICATIONS.—If the Direc10 tor of National Intelligence chooses to use funds under 

11 subsection (c)(1) to facilitate the establishment of the 

12 Center, the Director of the Center shall— 

13 (1) not later than March 1, 2020, submit to 

14 Congress a report on— 

15 (A) the estimated funding needs of the 

16 Center for fiscal year 2021 and for subsequent 

17 years; 

18 (B) such statutory protections from liabil19 ity as the Director considers necessary for the 

20 Center, participating social media companies, 

21 and participating third-party analytical partici22 pants; 

23 (C) such statutory penalties as the Direc24 tor considers necessary to ensure against mis25 use of data by researchers; and 


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1 (D) such changes to the Center’s mission 

2 to fully capture broader unlawful activities that 

3 intersect with, complement, or support informa4 tion warfare tactics; and 

5 (2) not less frequently than once each year, 

6 submit to the Director of National Intelligence, the 

7 Secretary of Defense, and the appropriate congres8 sional committees a report— 

9 (A) that assesses— 

10 (i) degree of cooperation and commit11 ment from the social media companies to 

12 the mission of the Center; and 

13 (ii) effectiveness of the Center in de14 tecting and removing clandestine foreign 

15 information warfare operations from social 

16 media platforms; and 

17 (B) includes such recommendations for leg18 islative or administrative action as the Center 

19 considers appropriate to carry out the functions 

20 of the Center. 

21 (e) PERIODIC REPORTING TO THE PUBLIC.—The Di22 rector of the Center shall— 

23 (1) once each quarter, make available to the 

24 public a report on key trends in foreign influence 

25 and disinformation operations, including any threats 


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1 to campaigns and elections, to inform the public of 

2 the United States; and 

3 (2) as the Director considers necessary, provide 

4 more timely assessments relating to ongoing 

5 disinformation campaigns. 

6 (f) FUNDING.—Of the amounts appropriated or oth7 erwise made available to the National Intelligence Pro8 gram (as defined in section 3 of the National Security Act 

9 of 1947 (50 U.S.C. 3003)) in fiscal year 2020 and 2021, 

10 the Director of National Intelligence may use up to 

11 $30,000,000 to carry out this section. 

12 (g) DEFINITION OF APPROPRIATE CONGRESSIONAL

13 COMMITTEES.—In this section, the term ‘‘appropriate 

14 congressional committees’’ means— 

15 (1) the Committee on Armed Services of the 

16 Senate; 

17 (2) the Committee on Homeland Security and 

18 Governmental Affairs of the Senate; 

19 (3) the Committee on Foreign Relations of the 

20 Senate; 

21 (4) the Committee on the Judiciary of the Sen22 ate; 

23 (5) the Select Committee on Intelligence of the 

24 Senate; 


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1 (6) the Committee on Armed Services of the 

2 House of Representatives; 

3 (7) the Committee on Homeland Security of the 

4 House of Representatives; 

5 (8) the Committee on Foreign Affairs of the 

6 House of Representatives; 

7 (9) the Committee on the Judiciary of the 

8 House of Representatives; and 

9 (10) the Permanent Select Committee on Intel10 ligence of the House of Representatives. 

11 SEC. 405. OVERSIGHT OF FOREIGN INFLUENCE IN ACA12 DEMIA. 

13 (a) DEFINITIONS.—In this section: 

14 (1) COVERED INSTITUTION OF HIGHER EDU15 CATION.—The term ‘‘covered institution of higher 

16 education’’ means an institution described in section 

17 102 of the Higher Education Act of 1965 (20 

18 U.S.C. 1002) that receives Federal funds in any 

19 amount and for any purpose. 

20 (2) SENSITIVE RESEARCH SUBJECT.—The term 

21 ‘‘sensitive research subject’’ means a subject of re22 search that is carried out at a covered institution of 

23 higher education that receives funds that were ap24 propriated for— 

25 (A) the National Intelligence Program; or 


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1 (B) any Federal agency the Director of 

2 National Intelligence deems appropriate. 

3 (b) REPORT REQUIRED.—Not later than 180 days 

4 after the date of the enactment of this Act and not less 

5 frequently than once each year thereafter, the Director of 

6 National Intelligence, in consultation with such elements 

7 of the intelligence community as the Director considers 

8 appropriate and consistent with the privacy protections af9 forded to United States persons, shall submit to congres10 sional intelligence committees a report on risks to sensitive 

11 research subjects posed by foreign entities in order to pro12 vide Congress and covered institutions of higher education 

13 with more complete information on these risks and to help 

14 ensure academic freedom. 

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

16 (b) shall include the following: 

17 (1) A list of sensitive research subjects that 

18 could affect national security. 

19 (2) A list of foreign entities, including govern20 ments, corporations, nonprofit organizations and for21 profit organizations, and any subsidiary or affiliate 

22 of such an entity, that the Director determines pose 

23 a counterintelligence, espionage (including economic 

24 espionage), or other national security threats with 

25 respect to sensitive research subjects. 


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1 (3) A list of any known or suspected attempts 

2 by foreign entities to exert pressure on covered insti3 tutions of higher education, including attempts to 

4 limit freedom of speech, propagate misinformation 

5 or disinformation, or to influence professors, re6 searchers, or students. 

7 (4) Recommendations for collaboration between 

8 covered institutions of higher education and the in9 telligence community to mitigate threats to sensitive 

10 research subjects associated with foreign influence in 

11 academia, including any necessary legislative or ad12 ministrative action. 

13 (d) CONGRESSIONAL NOTIFICATIONS REQUIRED.— 

14 Not later than 30 days after the date on which the Direc15 tor identifies a change to either list described in paragraph 

16 (1) or (2) of subsection (c), the Director shall notify the 

17 congressional intelligence committees of the change. 

18 SEC. 406. DIRECTOR OF NATIONAL INTELLIGENCE REPORT 

19 ON FIFTH-GENERATION WIRELESS NETWORK 

20 TECHNOLOGY. 

21 (a) REPORT REQUIRED.—Not later than 180 days 

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

23 of National Intelligence shall submit to the congressional 

24 intelligence committees a report on— 


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1 (1) the threat to United States national secu2 rity posed by the global and regional adoption of 

3 fifth-generation (5G) wireless network technology 

4 built by foreign companies; and 

5 (2) the effect of possible efforts to mitigate the 

6 threat. 

7 (b) CONTENTS.—The report required by subsection 

8 (a) shall include: 

9 (1) The timeline and scale of global and re10 gional adoption of foreign fifth-generation wireless 

11 network technology. 

12 (2) The implications of such global and regional 

13 adoption on the cyber and espionage threat to the 

14 United States and United States interests as well as 

15 to United States cyber and collection capabilities. 

16 (3) The effect of possible mitigation efforts, in17 cluding: 

18 (A) United States Government policy pro19 moting the use of strong, end-to-end encryption 

20 for data transmitted over fifth-generation wire21 less networks. 

22 (B) United States Government policy pro23 moting or funding free, open-source implemen24 tation of fifth-generation wireless network tech25 nology. 


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1 (C) United States Government subsidies or 

2 incentives that could be used to promote the 

3 adoption of secure fifth-generation wireless net4 work technology developed by companies of the 

5 United States or companies of allies of the 

6 United States. 

7 (D) United States Government strategy to 

8 reduce foreign influence and political pressure 

9 in international standard-setting bodies. 

10 (c) FORM.—The report submitted under subsection 

11 (a) shall be submitted in unclassified form to the greatest 

12 extent practicable, but may include a classified appendix 

13 if necessary. 

14 SEC. 407. ANNUAL REPORT BY COMPTROLLER GENERAL OF 

15 THE UNITED STATES ON CYBERSECURITY 

16 AND SURVEILLANCE THREATS TO CONGRESS. 

17 (a) ANNUAL REPORT REQUIRED.—Not later than 

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

19 not less frequently than once each year thereafter, the 

20 Comptroller General of the United States shall submit to 

21 the congressional intelligence committees a report on cy22 bersecurity and surveillance threats to Congress. 

23 (b) STATISTICS.—Each report submitted under sub24 section (a) shall include statistics on cyber attacks and 

25 other incidents of espionage or surveillance targeted 


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1 against Senators or the immediate families or staff of the 

2 Senators, in which the nonpublic communications and 

3 other private information of such targeted individuals were 

4 lost, stolen, or otherwise subject to unauthorized access 

5 by criminals or a foreign government. 

6 (c) CONSULTATION.—In preparing a report to be 

7 submitted under subsection (a), the Comptroller General 

8 shall consult with the Director of National Intelligence, 

9 the Secretary of Homeland Security, and the Sergeant at 

10 Arms and Doorkeeper of the Senate. 

11 SEC. 408. DIRECTOR OF NATIONAL INTELLIGENCE ASSESS12 MENTS OF FOREIGN INTERFERENCE IN 

13 ELECTIONS. 

14 (a) ASSESSMENTS REQUIRED.—Not later than 45 

15 days after the conclusion of a United States election, the 

16 Director of National Intelligence, in consultation with the 

17 heads of such other executive departments and agencies 

18 as the Director considers appropriate, shall— 

19 (1) conduct an assessment of any information 

20 indicating that a foreign government, or any person 

21 acting as an agent of or on behalf of a foreign gov22 ernment, has acted with the intent or purpose of 

23 interfering in that election; and 

24 (2) transmit the findings of the Director with 

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1 graph (1), along with such supporting information 

2 as the Director considers appropriate, to the fol3 lowing: 

4 (A) The President. 

5 (B) The Secretary of State. 

6 (C) The Secretary of the Treasury. 

7 (D) The Secretary of Defense. 

8 (E) The Attorney General. 

9 (F) The Secretary of Homeland Security. 

10 (G) Congress. 

11 (b) ELEMENTS.—An assessment conducted under 

12 subsection (a)(1), with respect to an act described in such 

13 subsection, shall identify, to the maximum extent ascer14 tainable, the following: 

15 (1) The nature of any foreign interference and 

16 any methods employed to execute the act. 

17 (2) The persons involved. 

18 (3) The foreign government or governments 

19 that authorized, directed, sponsored, or supported 

20 the act. 

21 (c) PUBLICATION.—In a case in which the Director 

22 conducts an assessment under subsection (a)(1) with re23 spect to an election, the Director shall, as soon as prac24 ticable after the date of the conclusion of such election 

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1 sion, make available to the public, to the greatest extent 

2 possible consistent with the protection of sources and 

3 methods, the findings transmitted under subsection (a)(2). 

4 SEC. 409. STUDY ON FEASIBILITY AND ADVISABILITY OF ES5 TABLISHING GEOSPATIAL-INTELLIGENCE 

6 MUSEUM AND LEARNING CENTER. 

7 (a) STUDY REQUIRED.—Not later than 180 days 

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

9 of the National Geospatial-Intelligence Agency shall com10 plete a study on the feasibility and advisability of estab11 lishing a Geospatial-Intelligence Museum and learning 

12 center. 

13 (b) ELEMENTS.—The study required by subsection 

14 (a) shall include the following: 

15 (1) Identifying the costs, opportunities, and 

16 challenges of establishing the museum and learning 

17 center as described in such subsection. 

18 (2) Developing recommendations concerning 

19 such establishment. 

20 (3) Identifying and reviewing lessons learned 

21 from the establishment of the Cyber Center for Edu22 cation and Innovation-Home of the National 

23 Cryptologic Museum under section 7781(a) of title 

24 10, United States Code. 


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1 (c) REPORT.—Not later than 180 days after the date 

2 of the enactment of this Act, the Director shall submit 

3 to the congressional intelligence committees and the con4 gressional defense committees (as defined in section 101 

5 of title 10, United States Code) a report on the findings 

6 of the Director with respect to the study completed under 

7 subsection (a). 

8 SEC. 410. 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, the Director of National 

11 Intelligence shall submit to Congress a report on the death 

12 of Jamal Khashoggi, consistent with protecting sources 

13 and methods. Such report shall include identification of 

14 those who carried out, participated in, ordered, or were 

15 otherwise complicit in or responsible for the death of 

16 Jamal Khashoggi. 

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

18 (a) shall be submitted in unclassified form. 


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1 DIVISION B—INTELLIGENCE AU2 THORIZATIONS FOR FISCAL 

3 YEARS 2018 AND 2019 

4 TITLE I—INTELLIGENCE 

5 ACTIVITIES 

6 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

7 (a) FISCAL YEAR 2019.—Funds are hereby author8 ized to be appropriated for fiscal year 2019 for the con9 duct of the intelligence and intelligence-related activities 

10 of the following elements of the United States Govern11 ment: 

12 (1) The Office of the Director of National Intel13 ligence. 

14 (2) The Central Intelligence Agency. 

15 (3) The Department of Defense. 

16 (4) The Defense Intelligence Agency. 

17 (5) The National Security Agency. 

18 (6) The Department of the Army, the Depart19 ment of the Navy, and the Department of the Air 

20 Force. 

21 (7) The Coast Guard. 

22 (8) The Department of State. 

23 (9) The Department of the Treasury. 

24 (10) The Department of Energy. 

25 (11) The Department of Justice. 


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1 (12) The Federal Bureau of Investigation. 

2 (13) The Drug Enforcement Administration. 

3 (14) The National Reconnaissance Office. 

4 (15) The National Geospatial-Intelligence Agen5 cy. 

6 (16) The Department of Homeland Security. 

7 (b) FISCAL YEAR 2018.—Funds that were appro8 priated for fiscal year 2018 for the conduct of the intel9 ligence and intelligence-related activities of the elements 

10 of the United States set forth in subsection (a) are hereby 

11 authorized. 

12 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

13 (a) SPECIFICATIONS OF AMOUNTS.—The amounts 

14 authorized to be appropriated under section 101 for the 

15 conduct of the intelligence activities of the elements listed 

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

17 specified in the classified Schedule of Authorizations pre18 pared to accompany this division. 

19 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU20 THORIZATIONS.— 

21 (1) AVAILABILITY.—The classified Schedule of 

22 Authorizations referred to in subsection (a) shall be 

23 made available to the Committee on Appropriations 

24 of the Senate, the Committee on Appropriations of 

25 the House of Representatives, and to the President. 


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1 (2) DISTRIBUTION BY THE PRESIDENT.—Sub2 ject to paragraph (3), the President shall provide for 

3 suitable distribution of the classified Schedule of Au4 thorizations referred to in subsection (a), or of ap5 propriate portions of such Schedule, within the exec6 utive branch. 

7 (3) LIMITS ON DISCLOSURE.—The President 

8 shall not publicly disclose the classified Schedule of 

9 Authorizations or any portion of such Schedule ex10 cept— 

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

12 Implementing Recommendations of the 9/11 

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

14 (B) to the extent necessary to implement 

15 the budget; or 

16 (C) as otherwise required by law. 

17 SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT AC18 COUNT. 

19 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated for the Intelligence Commu21 nity Management Account of the Director of National In22 telligence for fiscal year 2019 the sum of $522,424,000. 

23 (b) CLASSIFIED AUTHORIZATION OF APPROPRIA24 TIONS.—In addition to amounts authorized to be appro25 priated for the Intelligence Community Management AcVerDate Sep 11 2014 22:17 May 22, 2019 Jkt 089200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\S1589.RS S1589

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1 count by subsection (a), there are authorized to be appro2 priated for the Intelligence Community Management Ac3 count for fiscal year 2019 such additional amounts as are 

4 specified in the classified Schedule of Authorizations re5 ferred to in section 102(a). 

6 TITLE II—CENTRAL INTEL7 LIGENCE AGENCY RETIRE8 MENT AND DISABILITY SYS9 TEM 

10 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

11 There is authorized to be appropriated for the Cen12 tral Intelligence Agency Retirement and Disability Fund 

13 $514,000,000 for fiscal year 2019. 

14 SEC. 202. COMPUTATION OF ANNUITIES FOR EMPLOYEES 

15 OF THE CENTRAL INTELLIGENCE AGENCY. 

16 (a) COMPUTATION OF ANNUITIES.— 

17 (1) IN GENERAL.—Section 221 of the Central 

18 Intelligence Agency Retirement Act (50 U.S.C. 

19 2031) is amended— 

20 (A) in subsection (a)(3)(B), by striking the 

21 period at the end and inserting ‘‘, as deter22 mined by using the annual rate of basic pay 

23 that would be payable for full-time service in 

24 that position.’’; 


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1 (B) in subsection (b)(1)(C)(i), by striking 

2 ‘‘12-month’’ and inserting ‘‘2-year’’; 

3 (C) in subsection (f)(2), by striking ‘‘one 

4 year’’ and inserting ‘‘two years’’; 

5 (D) in subsection (g)(2), by striking ‘‘one 

6 year’’ each place such term appears and insert7 ing ‘‘two years’’; 

8 (E) by redesignating subsections (h), (i), 

9 (j), (k), and (l) as subsections (i), (j), (k), (l), 

10 and (m), respectively; and 

11 (F) by inserting after subsection (g) the 

12 following: 

13 ‘‘(h) CONDITIONAL ELECTION OF INSURABLE INTER14 EST SURVIVOR ANNUITY BY PARTICIPANTS MARRIED AT

15 THE TIME OF RETIREMENT.— 

16 ‘‘(1) AUTHORITY TO MAKE DESIGNATION.— 

17 Subject to the rights of former spouses under sub18 section (b) and section 222, at the time of retire19 ment a married participant found by the Director to 

20 be in good health may elect to receive an annuity re21 duced in accordance with subsection (f)(1)(B) and 

22 designate in writing an individual having an insur23 able interest in the participant to receive an annuity 

24 under the system after the participant’s death, ex25 cept that any such election to provide an insurable 


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1 interest survivor annuity to the participant’s spouse 

2 shall only be effective if the participant’s spouse 

3 waives the spousal right to a survivor annuity under 

4 this Act. The amount of the annuity shall be equal 

5 to 55 percent of the participant’s reduced annuity. 

6 ‘‘(2) REDUCTION IN PARTICIPANT’S ANNUITY.— 

7 The annuity payable to the participant making such 

8 election shall be reduced by 10 percent of an annuity 

9 computed under subsection (a) and by an additional 

10 5 percent for each full 5 years the designated indi11 vidual is younger than the participant. The total re12 duction under this subparagraph may not exceed 40 

13 percent. 

14 ‘‘(3) COMMENCEMENT OF SURVIVOR ANNU15 ITY.—The annuity payable to the designated indi16 vidual shall begin on the day after the retired partic17 ipant dies and terminate on the last day of the 

18 month before the designated individual dies. 

19 ‘‘(4) RECOMPUTATION OF PARTICIPANT’S AN20 NUITY ON DEATH OF DESIGNATED INDIVIDUAL.—An 

21 annuity that is reduced under this subsection shall, 

22 effective the first day of the month following the 

23 death of the designated individual, be recomputed 

24 and paid as if the annuity had not been so re25 duced.’’. 


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1 (2) CONFORMING AMENDMENTS.— 

2 (A) CENTRAL INTELLIGENCE AGENCY RE3 TIREMENT ACT.—The Central Intelligence 

4 Agency Retirement Act (50 U.S.C. 2001 et 

5 seq.) is amended— 

6 (i) in section 232(b)(1) (50 U.S.C. 

7 2052(b)(1)), by striking ‘‘221(h),’’ and in8 serting ‘‘221(i),’’; and 

9 (ii) in section 252(h)(4) (50 U.S.C. 

10 2082(h)(4)), by striking ‘‘221(k)’’ and in11 serting ‘‘221(l)’’. 

12 (B) CENTRAL INTELLIGENCE AGENCY ACT

13 OF 1949.—Subsection (a) of section 14 of the 

14 Central Intelligence Agency Act of 1949 (50 

15 U.S.C. 3514(a)) is amended by striking 

16 ‘‘221(h)(2), 221(i), 221(l),’’ and inserting 

17 ‘‘221(i)(2), 221(j), 221(m),’’. 

18 (b) ANNUITIES FOR FORMER SPOUSES.—Subpara19 graph (B) of section 222(b)(5) of the Central Intelligence 

20 Agency Retirement Act (50 U.S.C. 2032(b)(5)(B)) is 

21 amended by striking ‘‘one year’’ and inserting ‘‘two 

22 years’’. 

23 (c) PRIOR SERVICE CREDIT.—Subparagraph (A) of 

24 section 252(b)(3) of the Central Intelligence Agency Re25 tirement Act (50 U.S.C. 2082(b)(3)(A)) is amended by 


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1 striking ‘‘October 1, 1990’’ both places that term appears 

2 and inserting ‘‘March 31, 1991’’. 

3 (d) REEMPLOYMENT COMPENSATION.—Section 273 

4 of the Central Intelligence Agency Retirement Act (50 

5 U.S.C. 2113) is amended— 

6 (1) by redesignating subsections (b) and (c) as 

7 subsections (c) and (d), respectively; and 

8 (2) by inserting after subsection (a) the fol9 lowing: 

10 ‘‘(b) PART-TIME REEMPLOYED ANNUITANTS.—The 

11 Director shall have the authority to reemploy an annuitant 

12 on a part-time basis in accordance with section 8344(l) 

13 of title 5, United States Code.’’. 

14 (e) EFFECTIVE DATE AND APPLICATION.—The 

15 amendments made by subsection (a)(1)(A) and subsection 

16 (c) shall take effect as if enacted on October 28, 2009, 

17 and shall apply to computations or participants, respec18 tively, as of such date. 

19 TITLE III—GENERAL INTEL20 LIGENCE COMMUNITY MAT21 TERS 

22 SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE 

23 ACTIVITIES. 

24 The authorization of appropriations by this division 

25 shall not be deemed to constitute authority for the conduct 


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1 of any intelligence activity which is not otherwise author2 ized by the Constitution or the laws of the United States. 

3 SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND 

4 BENEFITS AUTHORIZED BY LAW. 

5 Appropriations authorized by this division for salary, 

6 pay, retirement, and other benefits for Federal employees 

7 may be increased by such additional or supplemental 

8 amounts as may be necessary for increases in such com9 pensation or benefits authorized by law. 

10 SEC. 303. MODIFICATION OF SPECIAL PAY AUTHORITY FOR 

11 SCIENCE, TECHNOLOGY, ENGINEERING, OR 

12 MATHEMATICS POSITIONS AND ADDITION OF 

13 SPECIAL PAY AUTHORITY FOR CYBER POSI14 TIONS. 

15 Section 113B of the National Security Act of 1947 

16 (50 U.S.C. 3049a) is amended— 

17 (1) by amending subsection (a) to read as fol18 lows: 

19 ‘‘(a) SPECIAL RATES OF PAY FOR POSITIONS RE20 QUIRING EXPERTISE IN SCIENCE, TECHNOLOGY, ENGI21 NEERING, OR MATHEMATICS.— 

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

23 of title 5, United States Code, the head of each ele24 ment of the intelligence community may, for 1 or 

25 more categories of positions in such element that reVerDate Sep 11 2014 22:17 May 22, 2019 Jkt 089200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\S1589.RS S1589

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1 quire expertise in science, technology, engineering, 

2 or mathematics— 

3 ‘‘(A) establish higher minimum rates of 

4 pay; and 

5 ‘‘(B) make corresponding increases in all 

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

7 level, subject to subsection (b) or (c), as appli8 cable. 

9 ‘‘(2) TREATMENT.—The special rate supple10 ments resulting from the establishment of higher 

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

12 same or similar purposes as those specified in sec13 tion 5305(j) of title 5, United States Code.’’; 

14 (2) by redesignating subsections (b) through (f) 

15 as subsections (c) through (g), respectively; 

16 (3) by inserting after subsection (a) the fol17 lowing: 

18 ‘‘(b) SPECIAL RATES OF PAY FOR CYBER POSI19 TIONS.— 

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

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

22 may establish a special rate of pay— 

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

24 payable for level II of the Executive Schedule 

25 under section 5313 of title 5, United States 


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1 Code, if the Director certifies to the Under Sec2 retary of Defense for Intelligence, in consulta3 tion with the Under Secretary of Defense for 

4 Personnel and Readiness, that the rate of pay 

5 is for positions that perform functions that exe6 cute the cyber mission of the Agency; or 

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

8 payable for the Vice President of the United 

9 States under section 104 of title 3, United 

10 States Code, if the Director certifies to the Sec11 retary of Defense, by name, individuals that 

12 have advanced skills and competencies and that 

13 perform critical functions that execute the cyber 

14 mission of the Agency. 

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

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

17 an aggregate pay limitation that parallels the limita18 tion established in section 5307 of title 5, United 

19 States Code, except that— 

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

21 award, or other similar cash payment in addi22 tion to basic pay that is authorized under title 

23 10, United States Code, (or any other applica24 ble law in addition to title 5 of such Code, ex25 cluding the Fair Labor Standards Act of 1938 


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1 (29 U.S.C. 201 et seq.)) shall also be counted 

2 as part of aggregate compensation; and 

3 ‘‘(B) aggregate compensation may not ex4 ceed the rate established for the Vice President 

5 of the United States under section 104 of title 

6 3, United States Code. 

7 ‘‘(3) LIMITATION ON NUMBER OF RECIPI8 ENTS.—The number of individuals who receive basic 

9 pay established under paragraph (1)(B) may not ex10 ceed 100 at any time. 

11 ‘‘(4) LIMITATION ON USE AS COMPARATIVE

12 REFERENCE.—Notwithstanding any other provision 

13 of law, special rates of pay and the limitation estab14 lished under paragraph (1)(B) may not be used as 

15 comparative references for the purpose of fixing the 

16 rates of basic pay or maximum pay limitations of 

17 qualified positions under section 1599f of title 10, 

18 United States Code, or section 226 of the Homeland 

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

20 (4) in subsection (c), as redesignated by para21 graph (2), by striking ‘‘A minimum’’ and inserting 

22 ‘‘Except as provided in subsection (b), a minimum’’; 

23 (5) in subsection (d), as redesignated by para24 graph (2), by inserting ‘‘or (b)’’ after ‘‘by subsection 

25 (a)’’; and 


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1 (6) in subsection (g), as redesignated by para2 graph (2)— 

3 (A) in paragraph (1), by striking ‘‘Not 

4 later than 90 days after the date of the enact5 ment of the Intelligence Authorization Act for 

6 Fiscal Year 2017’’ and inserting ‘‘Not later 

7 than 90 days after the date of the enactment of 

8 the Damon Paul Nelson and Matthew Young 

9 Pollard Intelligence Authorization Act for Fis10 cal Years 2018, 2019, and 2020’’; and 

11 (B) in paragraph (2)(A), by inserting ‘‘or 

12 (b)’’ after ‘‘subsection (a)’’. 

13 SEC. 304. MODIFICATION OF APPOINTMENT OF CHIEF IN14 FORMATION OFFICER OF THE INTELLIGENCE 

15 COMMUNITY. 

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

17 (50 U.S.C. 3032(a)) is amended by striking ‘‘President’’ 

18 and inserting ‘‘Director’’. 

19 SEC. 305. DIRECTOR OF NATIONAL INTELLIGENCE REVIEW 

20 OF PLACEMENT OF POSITIONS WITHIN THE 

21 INTELLIGENCE COMMUNITY ON THE EXECU22 TIVE SCHEDULE. 

23 (a) REVIEW.—The Director of National Intelligence, 

24 in coordination with the Director of the Office of Per25 sonnel Management, shall conduct a review of positions 


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1 within the intelligence community regarding the placement 

2 of such positions on the Executive Schedule under sub3 chapter II of chapter 53 of title 5, United States Code. 

4 In carrying out such review, the Director of National In5 telligence, in coordination with the Director of the Office 

6 of Personnel Management, shall determine— 

7 (1) the standards under which such review will 

8 be conducted; 

9 (2) which positions should or should not be on 

10 the Executive Schedule; and 

11 (3) for those positions that should be on the 

12 Executive Schedule, the level of the Executive 

13 Schedule at which such positions should be placed. 

14 (b) REPORT.—Not later than 60 days after the date 

15 on which the review under subsection (a) is completed, the 

16 Director of National Intelligence shall submit to the con17 gressional intelligence committees, the Committee on 

18 Homeland Security and Governmental Affairs of the Sen19 ate, and the Committee on Oversight and Reform of the 

20 House of Representatives an unredacted report describing 

21 the standards by which the review was conducted and the 

22 outcome of the review. 


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1 SEC. 306. SUPPLY CHAIN AND COUNTERINTELLIGENCE 

2 RISK MANAGEMENT TASK FORCE. 

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, the 

11 Committee on Homeland Security, and the Com12 mittee on Oversight and Reform of the House of 

13 Representatives. 

14 (b) REQUIREMENT TO ESTABLISH.—The Director of 

15 National Intelligence shall establish a Supply Chain and 

16 Counterintelligence Risk Management Task Force to 

17 standardize information sharing between the intelligence 

18 community and the acquisition community of the United 

19 States Government with respect to the supply chain and 

20 counterintelligence risks. 

21 (c) MEMBERS.—The Supply Chain and Counterintel22 ligence Risk Management Task Force established under 

23 subsection (b) shall be composed of— 

24 (1) a representative of the Defense Security 

25 Service of the Department of Defense; 


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1 (2) a representative of the General Services Ad2 ministration; 

3 (3) a representative of the Office of Federal 

4 Procurement Policy of the Office of Management 

5 and Budget; 

6 (4) a representative of the Department of 

7 Homeland Security; 

8 (5) a representative of the Federal Bureau of 

9 Investigation; 

10 (6) the Director of the National Counterintel11 ligence and Security Center; and 

12 (7) any other members the Director of National 

13 Intelligence determines appropriate. 

14 (d) SECURITY CLEARANCES.—Each member of the 

15 Supply Chain and Counterintelligence Risk Management 

16 Task Force established under subsection (b) shall have a 

17 security clearance at the top secret level and be able to 

18 access sensitive compartmented information. 

19 (e) ANNUAL REPORT.—The Supply Chain and Coun20 terintelligence Risk Management Task Force established 

21 under subsection (b) shall submit to the appropriate con22 gressional committees an annual report that describes the 

23 activities of the Task Force during the previous year, in24 cluding identification of the supply chain and counterintelVerDate Sep 11 2014 22:17 May 22, 2019 Jkt 089200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\S1589.RS S1589

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1 ligence risks shared with the acquisition community of the 

2 United States Government by the intelligence community. 

3 SEC. 307. CONSIDERATION OF ADVERSARIAL TELE4 COMMUNICATIONS AND CYBERSECURITY IN5 FRASTRUCTURE WHEN SHARING INTEL6 LIGENCE WITH FOREIGN GOVERNMENTS AND 

7 ENTITIES. 

8 Whenever the head of an element of the intelligence 

9 community enters into an intelligence sharing agreement 

10 with a foreign government or any other foreign entity, the 

11 head of the element shall consider the pervasiveness of 

12 telecommunications and cybersecurity infrastructure, 

13 equipment, and services provided by adversaries of the 

14 United States, particularly China and Russia, or entities 

15 of such adversaries in the country or region of the foreign 

16 government or other foreign entity entering into the agree17 ment. 

18 SEC. 308. CYBER PROTECTION SUPPORT FOR THE PER19 SONNEL OF THE INTELLIGENCE COMMUNITY 

20 IN POSITIONS HIGHLY VULNERABLE TO 

21 CYBER ATTACK. 

22 (a) DEFINITIONS.—In this section: 

23 (1) PERSONAL ACCOUNTS.—The term ‘‘personal 

24 accounts’’ means accounts for online and tele25 communications services, including telephone, resiVerDate Sep 11 2014 22:17 May 22, 2019 Jkt 089200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\S1589.RS S1589

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1 dential Internet access, email, text and multimedia 

2 messaging, cloud computing, social media, health 

3 care, and financial services, used by personnel of the 

4 intelligence community outside of the scope of their 

5 employment with elements of the intelligence com6 munity. 

7 (2) PERSONAL TECHNOLOGY DEVICES.—The 

8 term ‘‘personal technology devices’’ means tech9 nology devices used by personnel of the intelligence 

10 community outside of the scope of their employment 

11 with elements of the intelligence community, includ12 ing networks to which such devices connect. 

13 (b) AUTHORITY TO PROVIDE CYBER PROTECTION

14 SUPPORT.— 

15 (1) IN GENERAL.—Subject to a determination 

16 by the Director of National Intelligence, the Director 

17 may provide cyber protection support for the per18 sonal technology devices and personal accounts of 

19 the personnel described in paragraph (2). 

20 (2) AT-RISK PERSONNEL.—The personnel de21 scribed in this paragraph are personnel of the intel22 ligence community— 

23 (A) who the Director determines to be 

24 highly vulnerable to cyber attacks and hostile 

25 information collection activities because of the 


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1 positions occupied by such personnel in the in2 telligence community; and 

3 (B) whose personal technology devices or 

4 personal accounts are highly vulnerable to cyber 

5 attacks and hostile information collection activi6 ties. 

7 (c) NATURE OF CYBER PROTECTION SUPPORT.— 

8 Subject to the availability of resources, the cyber protec9 tion support provided to personnel under subsection (b) 

10 may include training, advice, assistance, and other services 

11 relating to cyber attacks and hostile information collection 

12 activities. 

13 (d) LIMITATION ON SUPPORT.—Nothing in this sec14 tion shall be construed— 

15 (1) to encourage personnel of the intelligence 

16 community to use personal technology devices for of17 ficial business; or 

18 (2) to authorize cyber protection support for 

19 senior intelligence community personnel using per20 sonal devices, networks, and personal accounts in an 

21 official capacity. 

22 (e) REPORT.—Not later than 180 days after the date 

23 of the enactment of this Act, the Director shall submit 

24 to the congressional intelligence committees a report on 


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1 the provision of cyber protection support under subsection 

2 (b). The report shall include— 

3 (1) a description of the methodology used to 

4 make the determination under subsection (b)(2); and 

5 (2) guidance for the use of cyber protection 

6 support and tracking of support requests for per7 sonnel receiving cyber protection support under sub8 section (b). 

9 SEC. 309. MODIFICATION OF AUTHORITY RELATING TO 

10 MANAGEMENT OF SUPPLY-CHAIN RISK. 

11 (a) MODIFICATION OF EFFECTIVE DATE.—Sub12 section (f) of section 309 of the Intelligence Authorization 

13 Act for Fiscal Year 2012 (Public Law 112–87; 50 U.S.C. 

14 3329 note) is amended by striking ‘‘the date that is 180 

15 days after’’. 

16 (b) REPEAL OF SUNSET.—Such section is amended 

17 by striking subsection (g). 

18 (c) REPORTS.—Such section, as amended by sub19 section (b), is further amended— 

20 (1) by redesignating subsection (f), as amended 

21 by subsection (a), as subsection (g); and 

22 (2) by inserting after subsection (e) the fol23 lowing: 

24 ‘‘(f) ANNUAL REPORTS.— 


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1 ‘‘(1) IN GENERAL.—Except as provided in para2 graph (2), not later than 180 days after the date of 

3 the enactment of the Damon Paul Nelson and Mat4 thew Young Pollard Intelligence Authorization Act 

5 for Fiscal Years 2018, 2019, and 2020 and not less 

6 frequently than once each calendar year thereafter, 

7 the Director of National Intelligence shall, in con8 sultation with each head of a covered agency, submit 

9 to the congressional intelligence committees (as de10 fined in section 3 of the National Security Act of 

11 1947 (50 U.S.C. 3003)), a report that details the 

12 determinations and notifications made under sub13 section (c) during the most recently completed cal14 endar year. 

15 ‘‘(2) INITIAL REPORT.—The first report sub16 mitted under paragraph (1) shall detail all the deter17 minations and notifications made under subsection 

18 (c) before the date of the submittal of the report.’’. 

19 SEC. 310. LIMITATIONS ON DETERMINATIONS REGARDING 

20 CERTAIN SECURITY CLASSIFICATIONS. 

21 (a) PROHIBITION.—An officer of an element of the 

22 intelligence community who has been nominated by the 

23 President for a position that requires the advice and con24 sent of the Senate may not make a classification decision 


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1 with respect to information related to such officer’s nomi2 nation. 

3 (b) CLASSIFICATION DETERMINATIONS.— 

4 (1) IN GENERAL.—Except as provided in para5 graph (2), in a case in which an officer described in 

6 subsection (a) has been nominated as described in 

7 such subsection and classification authority rests 

8 with the officer or another officer who reports di9 rectly to such officer, a classification decision with 

10 respect to information relating to the officer shall be 

11 made by the Director of National Intelligence. 

12 (2) NOMINATIONS OF DIRECTOR OF NATIONAL

13 INTELLIGENCE.—In a case described in paragraph 

14 (1) in which the officer nominated is the Director of 

15 National Intelligence, the classification decision shall 

16 be made by the Principal Deputy Director of Na17 tional Intelligence. 

18 (c) REPORTS.—Whenever the Director or the Prin19 cipal Deputy Director makes a decision under subsection 

20 (b), the Director or the Principal Deputy Director, as the 

21 case may be, shall submit to the congressional intelligence 

22 committees a report detailing the reasons for the decision. 

23 SEC. 311. JOINT INTELLIGENCE COMMUNITY COUNCIL. 

24 (a) MEETINGS.—Section 101A(d) of the National Se25 curity Act of 1947 (50 U.S.C. 3022(d)) is amended— 


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1 (1) by striking ‘‘regular’’; and 

2 (2) by inserting ‘‘as the Director considers ap3 propriate’’ after ‘‘Council’’. 

4 (b) REPORT ON FUNCTION AND UTILITY OF THE

5 JOINT INTELLIGENCE COMMUNITY COUNCIL.— 

6 (1) IN GENERAL.—No later than 180 days after 

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

8 of National Intelligence, in coordination with the Ex9 ecutive Office of the President and members of the 

10 Joint Intelligence Community Council, shall submit 

11 to the congressional intelligence committees a report 

12 on the function and utility of the Joint Intelligence 

13 Community Council. 

14 (2) CONTENTS.—The report required by para15 graph (1) shall include the following: 

16 (A) The number of physical or virtual 

17 meetings held by the Council per year since the 

18 Council’s inception. 

19 (B) A description of the effect and accom20 plishments of the Council. 

21 (C) An explanation of the unique role of 

22 the Council relative to other entities, including 

23 with respect to the National Security Council 

24 and the Executive Committee of the intelligence 

25 community. 


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1 (D) Recommendations for the future role 

2 and operation of the Council. 

3 (E) Such other matters relating to the 

4 function and utility of the Council as the Direc5 tor considers appropriate. 

6 (3) FORM.—The report submitted under para7 graph (1) shall be submitted in unclassified form, 

8 but may include a classified annex. 

9 SEC. 312. INTELLIGENCE COMMUNITY INFORMATION TECH10 NOLOGY ENVIRONMENT. 

11 (a) DEFINITIONS.—In this section: 

12 (1) CORE SERVICE.—The term ‘‘core service’’ 

13 means a capability that is available to multiple ele14 ments of the intelligence community and required 

15 for consistent operation of the intelligence commu16 nity information technology environment. 

17 (2) INTELLIGENCE COMMUNITY INFORMATION

18 TECHNOLOGY ENVIRONMENT.—The term ‘‘intel19 ligence community information technology environ20 ment’’ means all of the information technology serv21 ices across the intelligence community, including the 

22 data sharing and protection environment across mul23 tiple classification domains. 

24 (b) ROLES AND RESPONSIBILITIES.— 


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1 (1) DIRECTOR OF NATIONAL INTELLIGENCE.— 

2 The Director of National Intelligence shall be re3 sponsible for coordinating the performance by ele4 ments of the intelligence community of the intel5 ligence community information technology environ6 ment, including each of the following: 

7 (A) Ensuring compliance with all applica8 ble environment rules and regulations of such 

9 environment. 

10 (B) Ensuring measurable performance 

11 goals exist for such environment. 

12 (C) Documenting standards and practices 

13 of such environment. 

14 (D) Acting as an arbiter among elements 

15 of the intelligence community related to any 

16 disagreements arising out of the implementa17 tion of such environment. 

18 (E) Delegating responsibilities to the ele19 ments of the intelligence community and car20 rying out such other responsibilities as are nec21 essary for the effective implementation of such 

22 environment. 

23 (2) CORE SERVICE PROVIDERS.—Providers of 

24 core services shall be responsible for— 


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1 (A) providing core services, in coordination 

2 with the Director of National Intelligence; and 

3 (B) providing the Director with informa4 tion requested and required to fulfill the re5 sponsibilities of the Director under paragraph 

6 (1). 

7 (3) USE OF CORE SERVICES.— 

8 (A) IN GENERAL.—Except as provided in 

9 subparagraph (B), each element of the intel10 ligence community shall use core services when 

11 such services are available. 

12 (B) EXCEPTION.—The Director of Na13 tional Intelligence may provide for a written ex14 ception to the requirement under subparagraph 

15 (A) if the Director determines there is a com16 pelling financial or mission need for such excep17 tion. 

18 (c) MANAGEMENT ACCOUNTABILITY.—Not later than 

19 90 days after the date of the enactment of this Act, the 

20 Director of National Intelligence shall designate and main21 tain one or more accountable executives of the intelligence 

22 community information technology environment to be re23 sponsible for— 

24 (1) management, financial control, and integra25 tion of such environment; 


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1 (2) overseeing the performance of each core 

2 service, including establishing measurable service re3 quirements and schedules; 

4 (3) to the degree feasible, ensuring testing of 

5 each core service of such environment, including 

6 testing by the intended users, to evaluate perform7 ance against measurable service requirements and to 

8 ensure the capability meets user requirements; and 

9 (4) coordinate transition or restructuring ef10 forts of such environment, including phaseout of leg11 acy systems. 

12 (d) SECURITY PLAN.—Not later than 180 days after 

13 the date of the enactment of this Act, the Director of Na14 tional Intelligence shall develop and maintain a security 

15 plan for the intelligence community information tech16 nology environment. 

17 (e) LONG-TERM ROADMAP.—Not later than 180 days 

18 after the date of the enactment of this Act, and during 

19 each of the second and fourth fiscal quarters thereafter, 

20 the Director of National Intelligence shall submit to the 

21 congressional intelligence committees a long-term road22 map that shall include each of the following: 

23 (1) A description of the minimum required and 

24 desired core service requirements, including— 

25 (A) key performance parameters; and 


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1 (B) an assessment of current, measured 

2 performance. 

3 (2) implementation milestones for the intel4 ligence community information technology environ5 ment, including each of the following: 

6 (A) A schedule for expected deliveries of 

7 core service capabilities during each of the fol8 lowing phases: 

9 (i) Concept refinement and technology 

10 maturity demonstration. 

11 (ii) Development, integration, and 

12 demonstration. 

13 (iii) Production, deployment, and 

14 sustainment. 

15 (iv) System retirement. 

16 (B) Dependencies of such core service ca17 pabilities. 

18 (C) Plans for the transition or restruc19 turing necessary to incorporate core service ca20 pabilities. 

21 (D) A description of any legacy systems 

22 and discontinued capabilities to be phased out. 

23 (3) Such other matters as the Director deter24 mines appropriate. 


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1 (f) BUSINESS PLAN.—Not later than 180 days after 

2 the date of the enactment of this Act, and during each 

3 of the second and fourth fiscal quarters thereafter, the Di4 rector of National Intelligence shall submit to the congres5 sional intelligence committees a business plan that in6 cludes each of the following: 

7 (1) A systematic approach to identify core serv8 ice funding requests for the intelligence community 

9 information technology environment within the pro10 posed budget, including multiyear plans to imple11 ment the long-term roadmap required by subsection 

12 (e). 

13 (2) A uniform approach by which each element 

14 of the intelligence community shall identify the cost 

15 of legacy information technology or alternative capa16 bilities where services of the intelligence community 

17 information technology environment will also be 

18 available. 

19 (3) A uniform effort by which each element of 

20 the intelligence community shall identify transition 

21 and restructuring costs for new, existing, and retir22 ing services of the intelligence community informa23 tion technology environment, as well as services of 

24 such environment that have changed designations as 

25 a core service. 


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1 (g) QUARTERLY PRESENTATIONS.—Beginning not 

2 later than 180 days after the date of the enactment of 

3 this Act, the Director of National Intelligence shall provide 

4 to the congressional intelligence committees quarterly up5 dates regarding ongoing implementation of the intelligence 

6 community information technology environment as com7 pared to the requirements in the most recently submitted 

8 security plan required by subsection (d), long-term road9 map required by subsection (e), and business plan re10 quired by subsection (f). 

11 (h) ADDITIONAL NOTIFICATIONS.—The Director of 

12 National Intelligence shall provide timely notification to 

13 the congressional intelligence committees regarding any 

14 policy changes related to or affecting the intelligence com15 munity information technology environment, new initia16 tives or strategies related to or impacting such environ17 ment, and changes or deficiencies in the execution of the 

18 security plan required by subsection (d), long-term road19 map required by subsection (e), and business plan re20 quired by subsection (f) 

21 (i) SUNSET.—The section shall have no effect on or 

22 after September 30, 2024. 


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1 SEC. 313. REPORT ON DEVELOPMENT OF SECURE MOBILE 

2 VOICE SOLUTION FOR INTELLIGENCE COM3 MUNITY. 

4 (a) IN GENERAL.—Not later than 180 days after the 

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

6 Intelligence, in coordination with the Director of the Cen7 tral Intelligence Agency and the Director of the National 

8 Security Agency, shall submit to the congressional intel9 ligence committees a classified report on the feasibility, 

10 desirability, cost, and required schedule associated with 

11 the implementation of a secure mobile voice solution for 

12 the intelligence community. 

13 (b) CONTENTS.—The report required by subsection 

14 (a) shall include, at a minimum, the following: 

15 (1) The benefits and disadvantages of a secure 

16 mobile voice solution. 

17 (2) Whether the intelligence community could 

18 leverage commercially available technology for classi19 fied voice communications that operates on commer20 cial mobile networks in a secure manner and identi21 fying the accompanying security risks to such net22 works. 

23 (3) A description of any policies or community 

24 guidance that would be necessary to govern the po25 tential solution, such as a process for determining 


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1 the appropriate use of a secure mobile telephone and 

2 any limitations associated with such use. 

3 SEC. 314. POLICY ON MINIMUM INSIDER THREAT STAND4 ARDS. 

5 (a) POLICY REQUIRED.—Not later than 60 days after 

6 the date of the enactment of this Act, the Director of Na7 tional Intelligence shall establish a policy for minimum in8 sider threat standards that is consistent with the National 

9 Insider Threat Policy and Minimum Standards for Execu10 tive Branch Insider Threat Programs. 

11 (b) IMPLEMENTATION.—Not later than 180 days 

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

13 each element of the intelligence community shall imple14 ment the policy established under subsection (a). 

15 SEC. 315. SUBMISSION OF INTELLIGENCE COMMUNITY 

16 POLICIES. 

17 (a) DEFINITIONS.—In this section: 

18 (1) ELECTRONIC REPOSITORY.—The term 

19 ‘‘electronic repository’’ means the electronic distribu20 tion mechanism, in use as of the date of the enact21 ment of this Act, or any successor electronic dis22 tribution mechanism, by which the Director of Na23 tional Intelligence submits to the congressional intel24 ligence committees information. 


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1 (2) POLICY.—The term ‘‘policy’’, with respect 

2 to the intelligence community, includes unclassified 

3 or classified— 

4 (A) directives, policy guidance, and policy 

5 memoranda of the intelligence community; 

6 (B) executive correspondence of the Direc7 tor of National Intelligence; and 

8 (C) any equivalent successor policy instru9 ments. 

10 (b) SUBMISSION OF POLICIES.— 

11 (1) CURRENT POLICY.—Not later than 180 

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

13 Director of National Intelligence shall submit to the 

14 congressional intelligence committees using the elec15 tronic repository all nonpublicly available policies 

16 issued by the Director of National Intelligence for 

17 the intelligence community that are in effect as of 

18 the date of the submission. 

19 (2) CONTINUOUS UPDATES.—Not later than 15 

20 days after the date on which the Director of Na21 tional Intelligence issues, modifies, or rescinds a pol22 icy of the intelligence community, the Director 

23 shall— 


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1 (A) notify the congressional intelligence 

2 committees of such addition, modification, or 

3 removal; and 

4 (B) update the electronic repository with 

5 respect to such addition, modification, or re6 moval. 

7 SEC. 316. EXPANSION OF INTELLIGENCE COMMUNITY RE8 CRUITMENT EFFORTS. 

9 In order to further increase the diversity of the intel10 ligence community workforce, not later than 90 days after 

11 the date of the enactment of this Act, the Director of Na12 tional Intelligence, in consultation with heads of elements 

13 of the Intelligence Community, shall create, implement, 

14 and submit to the congressional intelligence committees a 

15 written plan to ensure that rural and underrepresented re16 gions are more fully and consistently represented in such 

17 elements’ employment recruitment efforts. Upon receipt of 

18 the plan, the congressional committees shall have 60 days 

19 to submit comments to the Director of National Intel20 ligence before such plan shall be implemented. 


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1 TITLE IV—MATTERS RELATING 

2 TO ELEMENTS OF THE INTEL3 LIGENCE COMMUNITY 

4 Subtitle A—Office of the Director 

5 of National Intelligence 

6 SEC. 401. AUTHORITY FOR PROTECTION OF CURRENT AND 

7 FORMER EMPLOYEES OF THE OFFICE OF THE 

8 DIRECTOR OF NATIONAL INTELLIGENCE. 

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

10 Act of 1949 (50 U.S.C. 3506(a)(4)) is amended by strik11 ing ‘‘such personnel of the Office of the Director of Na12 tional Intelligence as the Director of National Intelligence 

13 may designate;’’ and inserting ‘‘current and former per14 sonnel of the Office of the Director of National Intel15 ligence and their immediate families as the Director of Na16 tional Intelligence may designate;’’. 

17 SEC. 402. DESIGNATION OF THE PROGRAM MANAGER-IN18 FORMATION SHARING ENVIRONMENT. 

19 (a) INFORMATION SHARING ENVIRONMENT.—Sec20 tion 1016(b) of the Intelligence Reform and Terrorism 

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

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

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

24 and 


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

2 both places that term appears and inserting ‘‘Direc3 tor of National Intelligence’’. 

4 (b) PROGRAM MANAGER.—Section 1016(f)(1) of the 

5 Intelligence Reform and Terrorism Prevention Act of 

6 2004 (6 U.S.C. 485(f)(1)) is amended by striking ‘‘The 

7 individual designated as the program manager shall serve 

8 as program manager until removed from service or re9 placed by the President (at the President’s sole discre10 tion).’’ and inserting ‘‘Beginning on the date of the enact11 ment of the Damon Paul Nelson and Matthew Young Pol12 lard Intelligence Authorization Act for Fiscal Years 2018, 

13 2019, and 2020, each individual designated as the pro14 gram manager shall be appointed by the Director of Na15 tional Intelligence.’’. 

16 SEC. 403. TECHNICAL MODIFICATION TO THE EXECUTIVE 

17 SCHEDULE. 

18 Section 5315 of title 5, United States Code, is 

19 amended by adding at the end the following: 

20 ‘‘Director of the National Counterintelligence and Se21 curity Center.’’. 

22 SEC. 404. CHIEF FINANCIAL OFFICER OF THE INTEL23 LIGENCE COMMUNITY. 

24 Section 103I(a) of the National Security Act of 1947 

25 (50 U.S.C. 3034(a)) is amended by adding at the end the 


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1 following new sentence: ‘‘The Chief Financial Officer shall 

2 report directly to the Director of National Intelligence.’’. 

3 SEC. 405. CHIEF INFORMATION OFFICER OF THE INTEL4 LIGENCE COMMUNITY. 

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

6 (50 U.S.C. 3032(a)) is amended by adding at the end the 

7 following new sentence: ‘‘The Chief Information Officer 

8 shall report directly to the Director of National Intel9 ligence.’’. 

10 Subtitle B—Central Intelligence 

11 Agency 

12 SEC. 411. CENTRAL INTELLIGENCE AGENCY SUBSISTENCE 

13 FOR PERSONNEL ASSIGNED TO AUSTERE LO14 CATIONS. 

15 Subsection (a) of section 5 of the Central Intelligence 

16 Agency Act of 1949 (50 U.S.C. 3506) is amended— 

17 (1) in paragraph (1), by striking ‘‘(50 U.S.C. 

18 403–4a).,’’ and inserting ‘‘(50 U.S.C. 403–4a),’’; 

19 (2) in paragraph (6), by striking ‘‘and’’ at the 

20 end; 

21 (3) in paragraph (7), by striking the period at 

22 the end and inserting ‘‘; and’’; and 

23 (4) by adding at the end the following new 

24 paragraph (8): 


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1 ‘‘(8) Upon the approval of the Director, pro2 vide, during any fiscal year, with or without reim3 bursement, subsistence to any personnel assigned to 

4 an overseas location designated by the Agency as an 

5 austere location.’’. 

6 SEC. 412. EXPANSION OF SECURITY PROTECTIVE SERVICE 

7 JURISDICTION OF THE CENTRAL INTEL8 LIGENCE AGENCY. 

9 Subsection (a) of section 15 of the Central Intel10 ligence Act of 1949 (50 U.S.C. 3515(a)) is amended— 

11 (1) in the subsection heading, by striking ‘‘PO12 LICEMEN’’ and inserting ‘‘POLICE OFFICERS’’; and 

13 (2) in paragraph (1)— 

14 (A) in subparagraph (B), by striking ‘‘500 

15 feet;’’ and inserting ‘‘500 yards;’’; and 

16 (B) in subparagraph (D), by striking ‘‘500 

17 feet.’’ and inserting ‘‘500 yards.’’. 

18 SEC. 413. REPEAL OF FOREIGN LANGUAGE PROFICIENCY 

19 REQUIREMENT FOR CERTAIN SENIOR LEVEL 

20 POSITIONS IN THE CENTRAL INTELLIGENCE 

21 AGENCY. 

22 (a) REPEAL OF FOREIGN LANGUAGE PROFICIENCY

23 REQUIREMENT.—Section 104A of the National Security 

24 Act of 1947 (50 U.S.C. 3036) is amended by striking sub25 section (g). 


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1 (b) CONFORMING REPEAL OF REPORT REQUIRE2 MENT.—Section 611 of the Intelligence Authorization Act 

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

4 by striking subsection (c). 

5 Subtitle C—Office of Intelligence 

6 and Counterintelligence of De7 partment of Energy 

8 SEC. 421. CONSOLIDATION OF DEPARTMENT OF ENERGY 

9 OFFICES OF INTELLIGENCE AND COUNTER10 INTELLIGENCE. 

11 (a) IN GENERAL.—Section 215 of the Department of 

12 Energy Organization Act (42 U.S.C. 7144b) is amended 

13 to read as follows: 

14 ‘‘OFFICE OF INTELLIGENCE AND COUNTERINTELLIGENCE

15 ‘‘SEC. 215. (a) DEFINITIONS.—In this section, the 

16 terms ‘intelligence community’ and ‘National Intelligence 

17 Program’ have the meanings given such terms in section 

18 3 of the National Security Act of 1947 (50 U.S.C. 3003). 

19 ‘‘(b) IN GENERAL.—There is in the Department an 

20 Office of Intelligence and Counterintelligence. Such office 

21 shall be under the National Intelligence Program. 

22 ‘‘(c) DIRECTOR.—(1) The head of the Office shall be 

23 the Director of the Office of Intelligence and Counterintel24 ligence, who shall be an employee in the Senior Executive 

25 Service, the Senior Intelligence Service, the Senior Na26 tional Intelligence Service, or any other Service that the 


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1 Secretary, in coordination with the Director of National 

2 Intelligence, considers appropriate. The Director of the 

3 Office shall report directly to the Secretary. 

4 ‘‘(2) The Secretary shall select an individual to serve 

5 as the Director from among individuals who have substan6 tial expertise in matters relating to the intelligence com7 munity, including foreign intelligence and counterintel8 ligence. 

9 ‘‘(d) DUTIES.—(1) Subject to the authority, direc10 tion, and control of the Secretary, the Director shall per11 form such duties and exercise such powers as the Sec12 retary may prescribe. 

13 ‘‘(2) The Director shall be responsible for estab14 lishing policy for intelligence and counterintelligence pro15 grams and activities at the Department.’’. 

16 (b) CONFORMING REPEAL.—Section 216 of the De17 partment of Energy Organization Act (42 U.S.C. 7144c) 

18 is hereby repealed. 

19 (c) CLERICAL AMENDMENT.—The table of contents 

20 at the beginning of the Department of Energy Organiza21 tion Act is amended by striking the items relating to sec22 tions 215 and 216 and inserting the following new item: 

‘‘215. Office of Intelligence and Counterintelligence.’’. 


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1 SEC. 422. 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 421, 

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 Secretary shall appoint the head of the En13 ergy Infrastructure Security Center. 

14 ‘‘(C) The Energy Infrastructure Security Center shall 

15 be located within the Office of Intelligence and Counter16 intelligence. 

17 ‘‘(2) In establishing the Energy Infrastructure Secu18 rity Center, the Director of the Office of Intelligence and 

19 Counterintelligence shall address the following missions 

20 and objectives to coordinate and disseminate intelligence 

21 relating to the security of the energy infrastructure of the 

22 United States: 

23 ‘‘(A) Establishing a primary organization with24 in the United States Government for analyzing and 

25 integrating all intelligence possessed or acquired by 


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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 


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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. 423. 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) DUTY OF SECRETARY.—’’; 

15 and 

16 (2) by striking subsections (b) and (c). 

17 Subtitle D—Other Elements 

18 SEC. 431. PLAN FOR DESIGNATION OF COUNTERINTEL19 LIGENCE COMPONENT OF DEFENSE SECU20 RITY SERVICE AS AN ELEMENT OF INTEL21 LIGENCE COMMUNITY. 

22 Not later than 90 days after the date of the enact23 ment of this Act, the Director of National Intelligence and 

24 Under Secretary of Defense for Intelligence, in coordina25 tion with the Director of the National Counterintelligence 


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1 and Security Center, shall submit to the congressional in2 telligence committees, the Committee on Armed Services 

3 of the Senate, and the Committee on Armed Services of 

4 the House of Representatives a plan to designate the coun5 terintelligence component of the Defense Security Service 

6 of the Department of Defense as an element of the intel7 ligence community by not later than January 1, 2019. 

8 Such plan shall— 

9 (1) address the implications of such designation 

10 on the authorities, governance, personnel, resources, 

11 information technology, collection, analytic products, 

12 information sharing, and business processes of the 

13 Defense Security Service and the intelligence com14 munity; and 

15 (2) not address the personnel security functions 

16 of the Defense Security Service. 

17 SEC. 432. NOTICE NOT REQUIRED FOR PRIVATE ENTITIES. 

18 Section 3553 of title 44, United States Code, is 

19 amended— 

20 (1) by redesignating subsection (j) as sub21 section (k); and 

22 (2) by inserting after subsection (i) the fol23 lowing: 

24 ‘‘(j) RULE OF CONSTRUCTION.—Nothing in this sec25 tion shall be construed to require the Secretary to provide 


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1 notice to any private entity before the Secretary issues a 

2 binding operational directive under subsection (b)(2).’’. 

3 SEC. 433. FRAMEWORK FOR ROLES, MISSIONS, AND FUNC4 TIONS OF DEFENSE INTELLIGENCE AGENCY. 

5 (a) IN GENERAL.—The Director of National Intel6 ligence and the Secretary of Defense shall jointly establish 

7 a framework to ensure the appropriate balance of re8 sources for the roles, missions, and functions of the De9 fense Intelligence Agency in its capacity as an element of 

10 the intelligence community and as a combat support agen11 cy. The framework shall include supporting processes to 

12 provide for the consistent and regular reevaluation of the 

13 responsibilities and resources of the Defense Intelligence 

14 Agency to prevent imbalanced priorities, insufficient or 

15 misaligned resources, and the unauthorized expansion of 

16 mission parameters. 

17 (b) MATTERS FOR INCLUSION.—The framework re18 quired under subsection (a) shall include each of the fol19 lowing: 

20 (1) A lexicon providing for consistent defini21 tions of relevant terms used by both the intelligence 

22 community and the Department of Defense, includ23 ing each of the following: 

24 (A) Defense intelligence enterprise. 

25 (B) Enterprise manager. 


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1 (C) Executive agent. 

2 (D) Function. 

3 (E) Functional manager. 

4 (F) Mission. 

5 (G) Mission manager. 

6 (H) Responsibility. 

7 (I) Role. 

8 (J) Service of common concern. 

9 (2) An assessment of the necessity of maintain10 ing separate designations for the intelligence com11 munity and the Department of Defense for intel12 ligence functional or enterprise management con13 structs. 

14 (3) A repeatable process for evaluating the ad15 dition, transfer, or elimination of defense intelligence 

16 missions, roles, and functions, currently performed 

17 or to be performed in the future by the Defense In18 telligence Agency, which includes each of the fol19 lowing: 

20 (A) A justification for the addition, trans21 fer, or elimination of a mission, role, or func22 tion. 

23 (B) The identification of which, if any, ele24 ment of the Federal Government performs the 

25 considered mission, role, or function. 


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1 (C) In the case of any new mission, role, 

2 or function— 

3 (i) an assessment of the most appro4 priate agency or element to perform such 

5 mission, role, or function, taking into ac6 count the resource profiles, scope of re7 sponsibilities, primary customers, and ex8 isting infrastructure necessary to support 

9 such mission, role, or function; and 

10 (ii) a determination of the appropriate 

11 resource profile and an identification of the 

12 projected resources needed and the pro13 posed source of such resources over the fu14 ture-years defense program, to be provided 

15 in writing to any elements of the intel16 ligence community or the Department of 

17 Defense affected by the assumption, trans18 fer, or elimination of any mission, role, or 

19 function. 

20 (D) In the case of any mission, role, or 

21 function proposed to be assumed, transferred, 

22 or eliminated, an assessment, which shall be 

23 completed jointly by the heads of each element 

24 affected by such assumption, transfer, or elimi25 nation, of the risks that would be assumed by 


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1 the intelligence community and the Department 

2 if such mission, role, or function is assumed, 

3 transferred, or eliminated. 

4 (E) A description of how determinations 

5 are made regarding the funding of programs 

6 and activities under the National Intelligence 

7 Program and the Military Intelligence Program, 

8 including— 

9 (i) which programs or activities are 

10 funded under each such Program; 

11 (ii) which programs or activities 

12 should be jointly funded under both such 

13 Programs and how determinations are 

14 made with respect to funding allocations 

15 for such programs and activities; and 

16 (iii) the thresholds and process for 

17 changing a program or activity from being 

18 funded under one such Program to being 

19 funded under the other such Program. 

20 SEC. 434. ESTABLISHMENT OF ADVISORY BOARD FOR NA21 TIONAL RECONNAISSANCE OFFICE. 

22 (a) ESTABLISHMENT.—Section 106A of the National 

23 Security Act of 1947 (50 U.S.C. 3041a) is amended by 

24 adding at the end the following new subsection: 

25 ‘‘(d) ADVISORY BOARD.— 


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1 ‘‘(1) ESTABLISHMENT.—There is established in 

2 the National Reconnaissance Office an advisory 

3 board (in this section referred to as the ‘Board’). 

4 ‘‘(2) DUTIES.—The Board shall— 

5 ‘‘(A) study matters relating to the mission 

6 of the National Reconnaissance Office, includ7 ing with respect to promoting innovation, com8 petition, and resilience in space, overhead re9 connaissance, acquisition, and other matters; 

10 and 

11 ‘‘(B) advise and report directly to the Di12 rector with respect to such matters. 

13 ‘‘(3) MEMBERS.— 

14 ‘‘(A) NUMBER AND APPOINTMENT.— 

15 ‘‘(i) IN GENERAL.—The Board shall 

16 be composed of 5 members appointed by 

17 the Director from among individuals with 

18 demonstrated academic, government, busi19 ness, or other expertise relevant to the mis20 sion and functions of the National Recon21 naissance Office. 

22 ‘‘(ii) NOTIFICATION.—Not later than 

23 30 days after the date on which the Direc24 tor appoints a member to the Board, the 

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1 telligence committees and the congressional 

2 defense committees (as defined in section 

3 101(a) of title 10, United States Code) of 

4 such appointment. 

5 ‘‘(B) TERMS.—Each member shall be ap6 pointed for a term of 2 years. Except as pro7 vided by subparagraph (C), a member may not 

8 serve more than 3 terms. 

9 ‘‘(C) VACANCY.—Any member appointed to 

10 fill a vacancy occurring before the expiration of 

11 the term for which the member’s predecessor 

12 was appointed shall be appointed only for the 

13 remainder of that term. A member may serve 

14 after the expiration of that member’s term until 

15 a successor has taken office. 

16 ‘‘(D) CHAIR.—The Board shall have a 

17 Chair, who shall be appointed by the Director 

18 from among the members. 

19 ‘‘(E) TRAVEL EXPENSES.—Each member 

20 shall receive travel expenses, including per diem 

21 in lieu of subsistence, in accordance with appli22 cable provisions under subchapter I of chapter 

23 57 of title 5, United States Code. 

24 ‘‘(F) EXECUTIVE SECRETARY.—The Direc25 tor may appoint an executive secretary, who 


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1 shall be an employee of the National Reconnais2 sance Office, to support the Board. 

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

4 less than quarterly, but may meet more frequently 

5 at the call of the Director. 

6 ‘‘(5) REPORTS.—Not later than March 31 of 

7 each year, the Board shall submit to the Director 

8 and to the congressional intelligence committees a 

9 report on the activities and significant findings of 

10 the Board during the preceding year. 

11 ‘‘(6) NONAPPLICABILITY OF CERTAIN REQUIRE12 MENTS.—The Federal Advisory Committee Act (5 

13 U.S.C. App.) shall not apply to the Board. 

14 ‘‘(7) TERMINATION.—The Board shall termi15 nate on the date that is 3 years after the date of the 

16 first meeting of the Board.’’. 

17 (b) INITIAL APPOINTMENTS.—Not later than 180 

18 days after the date of the enactment of this Act, the Direc19 tor of the National Reconnaissance Office shall appoint 

20 the initial 5 members to the advisory board under sub21 section (d) of section 106A of the National Security Act 

22 of 1947 (50 U.S.C. 3041a), as added by subsection (a). 


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1 SEC. 435. COLLOCATION OF CERTAIN DEPARTMENT OF 

2 HOMELAND SECURITY PERSONNEL AT FIELD 

3 LOCATIONS. 

4 (a) IDENTIFICATION OF OPPORTUNITIES FOR COL5 LOCATION.—Not later than 60 days after the date of the 

6 enactment of this Act, the Under Secretary of Homeland 

7 Security for Intelligence and Analysis shall identify, in 

8 consultation with the Commissioner of U.S. Customs and 

9 Border Protection, the Administrator of the Transpor10 tation Security Administration, the Director of U.S. Immi11 gration and Customs Enforcement, and the heads of such 

12 other elements of the Department of Homeland Security 

13 as the Under Secretary considers appropriate, opportuni14 ties for collocation of officers of the Office of Intelligence 

15 and Analysis in the field outside of the greater Wash16 ington, District of Columbia, area in order to support 

17 operational units from U.S. Customs and Border Protec18 tion, the Transportation Security Administration, U.S. 

19 Immigration and Customs Enforcement, and other ele20 ments of the Department of Homeland Security. 

21 (b) PLAN FOR COLLOCATION.—Not later than 120 

22 days after the date of the enactment of this Act, the Under 

23 Secretary shall submit to the congressional intelligence 

24 committees a report that includes a plan for collocation 

25 as described in subsection (a). 


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1 TITLE V—ELECTION MATTERS 

2 SEC. 501. REPORT ON CYBER ATTACKS BY FOREIGN GOV3 ERNMENTS AGAINST UNITED STATES ELEC4 TION INFRASTRUCTURE. 

5 (a) DEFINITIONS.—In this section: 

6 (1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES.—The term ‘‘appropriate congressional com8 mittees’’ means— 

9 (A) the congressional intelligence commit10 tees; 

11 (B) the Committee on Homeland Security 

12 and Governmental Affairs of the Senate; 

13 (C) the Committee on Homeland Security 

14 of the House of Representatives; 

15 (D) the Committee on Foreign Relations of 

16 the Senate; and 

17 (E) the Committee on Foreign Affairs of 

18 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. 


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1 (D) The minority leader of the House of 

2 Representatives. 

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

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

5 the Commonwealth of Puerto Rico, and any territory 

6 or possession of the United States. 

7 (b) REPORT REQUIRED.—Not later than 60 days 

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

9 Secretary of Homeland Security for Intelligence and Anal10 ysis shall submit to congressional leadership and the ap11 propriate congressional committees a report on cyber at12 tacks and attempted cyber attacks by foreign governments 

13 on United States election infrastructure in States and lo14 calities in connection with the 2016 Presidential election 

15 in the United States and such cyber attacks or attempted 

16 cyber attacks as the Under Secretary anticipates against 

17 such infrastructure. Such report shall identify the States 

18 and localities affected and shall include cyber attacks and 

19 attempted cyber attacks against voter registration data20 bases, voting machines, voting-related computer networks, 

21 and the networks of Secretaries of State and other election 

22 officials of the various States. 

23 (c) FORM.—The report submitted under subsection 

24 (b) shall be submitted in unclassified form, but may in25 clude a classified annex. 


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1 SEC. 502. REVIEW OF INTELLIGENCE COMMUNITY’S POS2 TURE TO COLLECT AGAINST AND ANALYZE 

3 RUSSIAN EFFORTS TO INFLUENCE THE PRES4 IDENTIAL ELECTION. 

5 (a) REVIEW REQUIRED.—Not later than 1 year after 

6 the date of the enactment of this Act, the Director of Na7 tional Intelligence shall— 

8 (1) complete an after action review of the pos9 ture of the intelligence community to collect against 

10 and analyze efforts of the Government of Russia to 

11 interfere in the 2016 Presidential election in the 

12 United States; and 

13 (2) submit to the congressional intelligence 

14 committees a report on the findings of the Director 

15 with respect to such review. 

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

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

18 described in paragraph (1) of such subsection, the fol19 lowing: 

20 (1) An assessment of whether the resources of 

21 the intelligence community were properly aligned to 

22 detect and respond to the efforts described in sub23 section (a)(1). 

24 (2) An assessment of the information sharing 

25 that occurred within elements of the intelligence 

26 community. 


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1 (3) An assessment of the information sharing 

2 that occurred between elements of the intelligence 

3 community. 

4 (4) An assessment of applicable authorities nec5 essary to collect on any such efforts and any defi6 ciencies in those authorities. 

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

8 to inform analysis and warning of such efforts. 

9 (6) A review of the use of alternative and pre10 dictive analysis. 

11 (c) FORM OF REPORT.—The report required by sub12 section (a)(2) shall be submitted to the congressional intel13 ligence committees in a classified form. 

14 SEC. 503. ASSESSMENT OF FOREIGN INTELLIGENCE 

15 THREATS TO FEDERAL ELECTIONS. 

16 (a) DEFINITIONS.—In this section: 

17 (1) APPROPRIATE CONGRESSIONAL COMMIT18 TEES.—The term ‘‘appropriate congressional com19 mittees’’ means— 

20 (A) the congressional intelligence commit21 tees; 

22 (B) the Committee on Homeland Security 

23 and Governmental Affairs of the Senate; and 

24 (C) the Committee on Homeland Security 

25 of the House of Representatives. 


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1 (2) CONGRESSIONAL LEADERSHIP.—The term 

2 ‘‘congressional leadership’’ includes the following: 

3 (A) The majority leader of the Senate. 

4 (B) The minority leader of the Senate. 

5 (C) The Speaker of the House of Rep6 resentatives. 

7 (D) The minority leader of the House of 

8 Representatives. 

9 (3) SECURITY VULNERABILITY.—The term ‘‘se10 curity vulnerability’’ has the meaning given such 

11 term in section 102 of the Cybersecurity Information 

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

13 (b) IN GENERAL.—The Director of National Intel14 ligence, in coordination with the Director of the Central 

15 Intelligence Agency, the Director of the National Security 

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

18 of other relevant elements of the intelligence community, 

19 shall— 

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

21 regularly scheduled Federal election occurring after 

22 December 31, 2018, and complete not later than 

23 180 days before such election, an assessment of se24 curity vulnerabilities of State election systems; and 


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

2 scheduled Federal election occurring after December 

3 31, 2018, submit a report on such security 

4 vulnerabilities and an assessment of foreign intel5 ligence threats to the election to— 

6 (A) congressional leadership; and 

7 (B) the appropriate congressional commit8 tees. 

9 (c) UPDATE.—Not later than 90 days before any reg10 ularly scheduled Federal election occurring after Decem11 ber 31, 2018, the Director of National Intelligence shall— 

12 (1) update the assessment of foreign intel13 ligence threats to that election; and 

14 (2) submit the updated assessment to— 

15 (A) congressional leadership; and 

16 (B) the appropriate congressional commit17 tees. 

18 SEC. 504. STRATEGY FOR COUNTERING RUSSIAN CYBER 

19 THREATS TO UNITED STATES ELECTIONS. 

20 (a) APPROPRIATE CONGRESSIONAL COMMITTEES

21 DEFINED.—In this section, the term ‘‘appropriate con22 gressional committees’’ means the following: 

23 (1) The congressional intelligence committees. 


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1 (2) The Committee on Armed Services and the 

2 Committee on Homeland Security and Governmental 

3 Affairs of the Senate. 

4 (3) The Committee on Armed Services and the 

5 Committee on Homeland Security of the House of 

6 Representatives. 

7 (4) The Committee on Foreign Relations of the 

8 Senate. 

9 (5) The Committee on Foreign Affairs of the 

10 House of Representatives. 

11 (b) REQUIREMENT FOR A STRATEGY.—Not later 

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

13 the Director of National Intelligence, in coordination with 

14 the Secretary of Homeland Security, the Director of the 

15 Federal Bureau of Investigation, the Director of the Cen16 tral Intelligence Agency, the Secretary of State, the Sec17 retary of Defense, and the Secretary of the Treasury, shall 

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

19 threat of Russian cyber attacks and attempted cyber at20 tacks against electoral systems and processes in the 

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

22 systems, voter registration databases, voting tabulation 

23 equipment, and equipment and processes for the secure 

24 transmission of election results. 


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1 (c) ELEMENTS OF THE STRATEGY.—The strategy re2 quired by subsection (b) shall include the following ele3 ments: 

4 (1) A whole-of-government approach to pro5 tecting United States electoral systems and proc6 esses that includes the agencies and departments in7 dicated in subsection (b) as well as any other agen8 cies and departments of the United States, as deter9 mined appropriate by the Director of National Intel10 ligence and the Secretary of Homeland Security. 

11 (2) Input solicited from Secretaries of State of 

12 the various States and the chief election officials of 

13 the States. 

14 (3) Technical security measures, including 

15 auditable paper trails for voting machines, securing 

16 wireless and Internet connections, and other tech17 nical safeguards. 

18 (4) Detection of cyber threats, including attacks 

19 and attempted attacks by Russian government or 

20 nongovernment cyber threat actors. 

21 (5) Improvements in the identification and at22 tribution of Russian government or nongovernment 

23 cyber threat actors. 

24 (6) Deterrence, including actions and measures 

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1 municated to the Government of Russia or other en2 tities to deter attacks against, or interference with, 

3 United States election systems and processes. 

4 (7) Improvements in Federal Government com5 munications with State and local election officials. 

6 (8) Public education and communication ef7 forts. 

8 (9) Benchmarks and milestones to enable the 

9 measurement of concrete steps taken and progress 

10 made in the implementation of the strategy. 

11 (d) CONGRESSIONAL BRIEFING.—Not later than 90 

12 days after the date of the enactment of this Act, the Direc13 tor of National Intelligence and the Secretary of Home14 land Security shall jointly brief the appropriate congres15 sional committees on the strategy developed under sub16 section (b). 

17 SEC. 505. ASSESSMENT OF SIGNIFICANT RUSSIAN INFLU18 ENCE CAMPAIGNS DIRECTED AT FOREIGN 

19 ELECTIONS AND REFERENDA. 

20 (a) RUSSIAN INFLUENCE CAMPAIGN DEFINED.—In 

21 this section, the term ‘‘Russian influence campaign’’ 

22 means any effort, covert or overt, and by any means, at23 tributable to the Russian Federation directed at an elec24 tion, referendum, or similar process in a country other 

25 than the Russian Federation or the United States. 


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1 (b) ASSESSMENT REQUIRED.—Not later than 60 

2 days after the date of the enactment of this Act, the Direc3 tor of National Intelligence shall submit to the congres4 sional intelligence committees a report containing an ana5 lytical assessment of the most significant Russian influ6 ence campaigns, if any, conducted during the 3-year pe7 riod preceding the date of the enactment of this Act, as 

8 well as the most significant current or planned such Rus9 sian influence campaigns, if any. Such assessment shall 

10 include— 

11 (1) a summary of such significant Russian in12 fluence campaigns, including, at a minimum, the 

13 specific means by which such campaigns were con14 ducted, are being conducted, or likely will be con15 ducted, as appropriate, and the specific goal of each 

16 such campaign; 

17 (2) a summary of any defenses against or re18 sponses to such Russian influence campaigns by the 

19 foreign state holding the elections or referenda; 

20 (3) a summary of any relevant activities by ele21 ments of the intelligence community undertaken for 

22 the purpose of assisting the government of such for23 eign state in defending against or responding to 

24 such Russian influence campaigns; and 


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1 (4) an assessment of the effectiveness of such 

2 defenses and responses described in paragraphs (2) 

3 and (3). 

4 (c) FORM.—The report required by subsection (b) 

5 may be submitted in classified form, but if so submitted, 

6 shall contain an unclassified summary. 

7 SEC. 506. FOREIGN COUNTERINTELLIGENCE AND CYBERSE8 CURITY THREATS TO FEDERAL ELECTION 

9 CAMPAIGNS. 

10 (a) REPORTS REQUIRED.— 

11 (1) IN GENERAL.—As provided in paragraph 

12 (2), for each Federal election, the Director of Na13 tional Intelligence, in coordination with the Under 

14 Secretary of Homeland Security for Intelligence and 

15 Analysis and the Director of the Federal Bureau of 

16 Investigation, shall make publicly available on an 

17 Internet website an advisory report on foreign coun18 terintelligence and cybersecurity threats to election 

19 campaigns for Federal offices. Each such report 

20 shall include, consistent with the protection of 

21 sources and methods, each of the following: 

22 (A) A description of foreign counterintel23 ligence and cybersecurity threats to election 

24 campaigns for Federal offices. 


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1 (B) A summary of best practices that elec2 tion campaigns for Federal offices can employ 

3 in seeking to counter such threats. 

4 (C) An identification of any publicly avail5 able resources, including United States Govern6 ment resources, for countering such threats. 

7 (2) SCHEDULE FOR SUBMITTAL.—A report 

8 under this subsection shall be made available as fol9 lows: 

10 (A) In the case of a report regarding an 

11 election held for the office of Senator or Mem12 ber of the House of Representatives during 

13 2018, not later than the date that is 60 days 

14 after the date of the enactment of this Act. 

15 (B) In the case of a report regarding an 

16 election for a Federal office during any subse17 quent year, not later than the date that is 1 

18 year before the date of the election. 

19 (3) INFORMATION TO BE INCLUDED.—A report 

20 under this subsection shall reflect the most current 

21 information available to the Director of National In22 telligence regarding foreign counterintelligence and 

23 cybersecurity threats. 

24 (b) TREATMENT OF CAMPAIGNS SUBJECT TO

25 HEIGHTENED THREATS.—If the Director of the Federal 


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1 Bureau of Investigation and the Under Secretary of 

2 Homeland Security for Intelligence and Analysis jointly 

3 determine that an election campaign for Federal office is 

4 subject to a heightened foreign counterintelligence or cy5 bersecurity threat, the Director and the Under Secretary, 

6 consistent with the protection of sources and methods, 

7 may make available additional information to the appro8 priate representatives of such campaign. 

9 SEC. 507. INFORMATION SHARING WITH STATE ELECTION 

10 OFFICIALS. 

11 (a) STATE DEFINED.—In this section, the term 

12 ‘‘State’’ means any State of the United States, the Dis13 trict of Columbia, the Commonwealth of Puerto Rico, and 

14 any territory or possession of the United States. 

15 (b) SECURITY CLEARANCES.— 

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

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

18 of National Intelligence shall support the Under Sec19 retary of Homeland Security for Intelligence and 

20 Analysis, and any other official of the Department 

21 of Homeland Security designated by the Secretary of 

22 Homeland Security, in sponsoring a security clear23 ance up to the top secret level for each eligible chief 

24 election official of a State or the District of Colum25 bia, and additional eligible designees of such election 


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1 official as appropriate, at the time that such election 

2 official assumes such position. 

3 (2) INTERIM CLEARANCES.—Consistent with 

4 applicable policies and directives, the Director of Na5 tional Intelligence may issue interim clearances, for 

6 a period to be determined by the Director, to a chief 

7 election official as described in paragraph (1) and up 

8 to 1 designee of such official under such paragraph. 

9 (c) INFORMATION SHARING.— 

10 (1) IN GENERAL.—The Director of National In11 telligence shall assist the Under Secretary of Home12 land Security for Intelligence and Analysis and the 

13 Under Secretary responsible for overseeing critical 

14 infrastructure protection, cybersecurity, and other 

15 related programs of the Department (as specified in 

16 section 103(a)(1)(H) of the Homeland Security Act 

17 of 2002 (6 U.S.C. 113(a)(1)(H))) with sharing any 

18 appropriate classified information related to threats 

19 to election systems and to the integrity of the elec20 tion process with chief election officials and such 

21 designees who have received a security clearance 

22 under subsection (b). 

23 (2) COORDINATION.—The Under Secretary of 

24 Homeland Security for Intelligence and Analysis 

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1 ligence and the Under Secretary responsible for 

2 overseeing critical infrastructure protection, cyberse3 curity, and other related programs of the Depart4 ment (as specified in section 103(a)(1)(H) of the 

5 Homeland Security Act of 2002 (6 U.S.C. 

6 113(a)(1)(H))) to facilitate the sharing of informa7 tion to the affected Secretaries of State or States. 

8 SEC. 508. NOTIFICATION OF SIGNIFICANT FOREIGN CYBER 

9 INTRUSIONS AND ACTIVE MEASURES CAM10 PAIGNS DIRECTED AT ELECTIONS FOR FED11 ERAL OFFICES. 

12 (a) DEFINITIONS.—In this section: 

13 (1) ACTIVE MEASURES CAMPAIGN.—The term 

14 ‘‘active measures campaign’’ means a foreign semi15 covert or covert intelligence operation. 

16 (2) CANDIDATE, ELECTION, AND POLITICAL

17 PARTY.—The terms ‘‘candidate’’, ‘‘election’’, and 

18 ‘‘political party’’ have the meanings given those 

19 terms in section 301 of the Federal Election Cam20 paign Act of 1971 (52 U.S.C. 30101). 

21 (3) CONGRESSIONAL LEADERSHIP.—The term 

22 ‘‘congressional leadership’’ includes the following: 

23 (A) The majority leader of the Senate. 

24 (B) The minority leader of the Senate. 


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1 (C) The Speaker of the House of Rep2 resentatives. 

3 (D) The minority leader of the House of 

4 Representatives. 

5 (4) CYBER INTRUSION.—The term ‘‘cyber in6 trusion’’ means an electronic occurrence that actu7 ally or imminently jeopardizes, without lawful au8 thority, electronic election infrastructure, or the in9 tegrity, confidentiality, or availability of information 

10 within such infrastructure. 

11 (5) ELECTRONIC ELECTION INFRASTRUC12 TURE.—The term ‘‘electronic election infrastruc13 ture’’ means an electronic information system of any 

14 of the following that is related to an election for 

15 Federal office: 

16 (A) The Federal Government. 

17 (B) A State or local government. 

18 (C) A political party. 

19 (D) The election campaign of a candidate. 

20 (6) FEDERAL OFFICE.—The term ‘‘Federal of21 fice’’ has the meaning given that term in section 301 

22 of the Federal Election Campaign Act of 1971 (52 

23 U.S.C. 30101). 

24 (7) HIGH CONFIDENCE.—The term ‘‘high con25 fidence’’, with respect to a determination, means 


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1 that the determination is based on high-quality in2 formation from multiple sources. 

3 (8) MODERATE CONFIDENCE.—The term ‘‘mod4 erate confidence’’, with respect to a determination, 

5 means that a determination is credibly sourced and 

6 plausible but not of sufficient quality or corrobo7 rated sufficiently to warrant a higher level of con8 fidence. 

9 (9) OTHER APPROPRIATE CONGRESSIONAL COM10 MITTEES.—The term ‘‘other appropriate congres11 sional committees’’ means— 

12 (A) the Committee on Armed Services, the 

13 Committee on Homeland Security and Govern14 mental Affairs, and the Committee on Appro15 priations of the Senate; and 

16 (B) the Committee on Armed Services, the 

17 Committee on Homeland Security, and the 

18 Committee on Appropriations of the House of 

19 Representatives. 

20 (b) DETERMINATIONS OF SIGNIFICANT FOREIGN

21 CYBER INTRUSIONS AND ACTIVE MEASURES CAM22 PAIGNS.—The Director of National Intelligence, the Di23 rector of the Federal Bureau of Investigation, and the 

24 Secretary of Homeland Security shall jointly carry out 


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1 subsection (c) if such Directors and the Secretary jointly 

2 determine— 

3 (1) that on or after the date of the enactment 

4 of this Act, a significant foreign cyber intrusion or 

5 active measures campaign intended to influence an 

6 upcoming election for any Federal office has oc7 curred or is occurring; and 

8 (2) with moderate or high confidence, that such 

9 intrusion or campaign can be attributed to a foreign 

10 state or to a foreign nonstate person, group, or other 

11 entity. 

12 (c) BRIEFING.— 

13 (1) IN GENERAL.—Not later than 14 days after 

14 making a determination under subsection (b), the 

15 Director of National Intelligence, the Director of the 

16 Federal Bureau of Investigation, and the Secretary 

17 of Homeland Security shall jointly provide a briefing 

18 to the congressional leadership, the congressional in19 telligence committees and, consistent with the pro20 tection of sources and methods, the other appro21 priate congressional committees. The briefing shall 

22 be classified and address, at a minimum, the fol23 lowing: 


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1 (A) A description of the significant foreign 

2 cyber intrusion or active measures campaign, as 

3 the case may be, covered by the determination. 

4 (B) An identification of the foreign state 

5 or foreign nonstate person, group, or other enti6 ty, to which such intrusion or campaign has 

7 been attributed. 

8 (C) The desirability and feasibility of the 

9 public release of information about the cyber in10 trusion or active measures campaign. 

11 (D) Any other information such Directors 

12 and the Secretary jointly determine appropriate. 

13 (2) ELECTRONIC ELECTION INFRASTRUCTURE

14 BRIEFINGS.—With respect to a significant foreign 

15 cyber intrusion covered by a determination under 

16 subsection (b), the Secretary of Homeland Security, 

17 in consultation with the Director of National Intel18 ligence and the Director of the Federal Bureau of 

19 Investigation, shall offer to the owner or operator of 

20 any electronic election infrastructure directly af21 fected by such intrusion, a briefing on such intru22 sion, including steps that may be taken to mitigate 

23 such intrusion. Such briefing may be classified and 

24 made available only to individuals with appropriate 

25 security clearances. 


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1 (3) PROTECTION OF SOURCES AND METH2 ODS.—This subsection shall be carried out in a man3 ner that is consistent with the protection of sources 

4 and methods. 

5 SEC. 509. DESIGNATION OF COUNTERINTELLIGENCE OFFI6 CER TO LEAD ELECTION SECURITY MATTERS. 

7 (a) IN GENERAL.—The Director of National Intel8 ligence shall designate a national counterintelligence offi9 cer within the National Counterintelligence and Security 

10 Center to lead, manage, and coordinate counterintelligence 

11 matters relating to election security. 

12 (b) ADDITIONAL RESPONSIBILITIES.—The person 

13 designated under subsection (a) shall also lead, manage, 

14 and coordinate counterintelligence matters relating to 

15 risks posed by interference from foreign powers (as de16 fined in section 101 of the Foreign Intelligence Surveil17 lance Act of 1978 (50 U.S.C. 1801)) to the following: 

18 (1) The Federal Government election security 

19 supply chain. 

20 (2) Election voting systems and software. 

21 (3) Voter registration databases. 

22 (4) Critical infrastructure related to elections. 

23 (5) Such other Government goods and services 

24 as the Director of National Intelligence considers ap25 propriate. 


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1 TITLE VI—SECURITY 

2 CLEARANCES 

3 SEC. 601. DEFINITIONS. 

4 In this title: 

5 (1) APPROPRIATE CONGRESSIONAL COMMIT6 TEES.—The term ‘‘appropriate congressional com7 mittees’’ means— 

8 (A) the congressional intelligence commit9 tees; 

10 (B) the Committee on Armed Services of 

11 the Senate; 

12 (C) the Committee on Appropriations of 

13 the Senate; 

14 (D) the Committee on Homeland Security 

15 and Governmental Affairs of the Senate; 

16 (E) the Committee on Armed Services of 

17 the House of Representatives; 

18 (F) the Committee on Appropriations of 

19 the House of Representatives; 

20 (G) the Committee on Homeland Security 

21 of the House of Representatives; and 

22 (H) the Committee on Oversight and Re23 form of the House of Representatives. 

24 (2) APPROPRIATE INDUSTRY PARTNERS.—The 

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1 tractor, licensee, or grantee (as defined in section 

2 101(a) of Executive Order 12829 (50 U.S.C. 3161 

3 note; relating to National Industrial Security Pro4 gram)) that is participating in the National Indus5 trial Security Program established by such Executive 

6 Order. 

7 (3) CONTINUOUS VETTING.—The term ‘‘contin8 uous vetting’’ has the meaning given such term in 

9 Executive Order 13467 (50 U.S.C. 3161 note; relat10 ing to reforming processes related to suitability for 

11 government employment, fitness for contractor em12 ployees, and eligibility for access to classified na13 tional security information). 

14 (4) COUNCIL.—The term ‘‘Council’’ means the 

15 Security, Suitability, and Credentialing Performance 

16 Accountability Council established pursuant to such 

17 Executive Order, or any successor entity. 

18 (5) SECURITY EXECUTIVE AGENT.—The term 

19 ‘‘Security Executive Agent’’ means the officer serv20 ing as the Security Executive Agent pursuant to sec21 tion 803 of the National Security Act of 1947, as 

22 added by section 605. 

23 (6) SUITABILITY AND CREDENTIALING EXECU24 TIVE AGENT.—The term ‘‘Suitability and 

25 Credentialing Executive Agent’’ means the Director 


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1 of the Office of Personnel Management acting as the 

2 Suitability and Credentialing Executive Agent in ac3 cordance with Executive Order 13467 (50 U.S.C. 

4 3161 note; relating to reforming processes related to 

5 suitability for government employment, fitness for 

6 contractor employees, and eligibility for access to 

7 classified national security information), or any suc8 cessor entity. 

9 SEC. 602. REPORTS AND PLANS RELATING TO SECURITY 

10 CLEARANCES AND BACKGROUND INVESTIGA11 TIONS. 

12 (a) SENSE OF CONGRESS.—It is the sense of Con13 gress that— 

14 (1) ensuring the trustworthiness and security of 

15 the workforce, facilities, and information of the Fed16 eral Government is of the highest priority to na17 tional security and public safety; 

18 (2) the President and Congress should 

19 prioritize the modernization of the personnel security 

20 framework to improve its efficiency, effectiveness, 

21 and accountability; 

22 (3) the current system for security clearance, 

23 suitability and fitness for employment, and 

24 credentialing lacks efficiencies and capabilities to 

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1 tain a trusted workforce, and capitalize on modern 

2 technologies; and 

3 (4) changes to policies or processes to improve 

4 this system should be vetted through the Council to 

5 ensure standardization, portability, and reciprocity 

6 in security clearances across the Federal Govern7 ment. 

8 (b) ACCOUNTABILITY PLANS AND REPORTS.— 

9 (1) PLANS.—Not later than 90 days after the 

10 date of the enactment of this Act, the Council shall 

11 submit to the appropriate congressional committees 

12 and make available to appropriate industry partners 

13 the following: 

14 (A) A plan, with milestones, to reduce the 

15 background investigation inventory to 200,000, 

16 or an otherwise sustainable steady-level, by the 

17 end of year 2020. Such plan shall include notes 

18 of any required changes in investigative and ad19 judicative standards or resources. 

20 (B) A plan to consolidate the conduct of 

21 background investigations associated with the 

22 processing for security clearances in the most 

23 effective and efficient manner between the Na24 tional Background Investigation Bureau and 

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1 ganization. Such plan shall address required 

2 funding, personnel, contracts, information tech3 nology, field office structure, policy, governance, 

4 schedule, transition costs, and effects on stake5 holders. 

6 (2) REPORT ON THE FUTURE OF PERSONNEL

7 SECURITY.— 

8 (A) IN GENERAL.—Not later than 180 

9 days after the date of the enactment of this 

10 Act, the Chairman of the Council, in coordina11 tion with the members of the Council, shall sub12 mit to the appropriate congressional committees 

13 and make available to appropriate industry 

14 partners a report on the future of personnel se15 curity to reflect changes in threats, the work16 force, and technology. 

17 (B) CONTENTS.—The report submitted 

18 under subparagraph (A) shall include the fol19 lowing: 

20 (i) A risk framework for granting and 

21 renewing access to classified information. 

22 (ii) A discussion of the use of tech23 nologies to prevent, detect, and monitor 

24 threats. 


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1 (iii) A discussion of efforts to address 

2 reciprocity and portability. 

3 (iv) A discussion of the characteristics 

4 of effective insider threat programs. 

5 (v) An analysis of how to integrate 

6 data from continuous evaluation, insider 

7 threat programs, and human resources 

8 data. 

9 (vi) Recommendations on interagency 

10 governance. 

11 (3) PLAN FOR IMPLEMENTATION.—Not later 

12 than 180 days after the date of the enactment of 

13 this Act, the Chairman of the Council, in coordina14 tion with the members of the Council, shall submit 

15 to the appropriate congressional committees and 

16 make available to appropriate industry partners a 

17 plan to implement the report’s framework and rec18 ommendations submitted under paragraph (2)(A). 

19 (4) CONGRESSIONAL NOTIFICATIONS.—Not less 

20 frequently than quarterly, the Security Executive 

21 Agent shall make available to the public a report re22 garding the status of the disposition of requests re23 ceived from departments and agencies of the Federal 

24 Government for a change to, or approval under, the 

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1 dicative guidelines, continuous evaluation, or other 

2 national policy regarding personnel security. 

3 SEC. 603. IMPROVING THE PROCESS FOR SECURITY CLEAR4 ANCES. 

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

6 date of the enactment of this Act, the Security Executive 

7 Agent, in coordination with the members of the Council, 

8 shall submit to the appropriate congressional committees 

9 and make available to appropriate industry partners a re10 port that includes the following: 

11 (1) A review of whether the information re12 quested on the Questionnaire for National Security 

13 Positions (Standard Form 86) and by the Federal 

14 Investigative Standards prescribed by the Office of 

15 Personnel Management and the Office of the Direc16 tor of National Intelligence appropriately supports 

17 the adjudicative guidelines under Security Executive 

18 Agent Directive 4 (known as the ‘‘National Security 

19 Adjudicative Guidelines’’). Such review shall include 

20 identification of whether any such information cur21 rently collected is unnecessary to support the adju22 dicative guidelines. 

23 (2) An assessment of whether such Question24 naire, Standards, and guidelines should be revised to 


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1 account for the prospect of a holder of a security 

2 clearance becoming an insider threat. 

3 (3) Recommendations to improve the back4 ground investigation process by— 

5 (A) simplifying the Questionnaire for Na6 tional Security Positions (Standard Form 86) 

7 and increasing customer support to applicants 

8 completing such Questionnaire; 

9 (B) using remote techniques and central10 ized locations to support or replace field inves11 tigation work; 

12 (C) using secure and reliable digitization of 

13 information obtained during the clearance proc14 ess; 

15 (D) building the capacity of the back16 ground investigation labor sector; and 

17 (E) replacing periodic reinvestigations with 

18 continuous evaluation techniques in all appro19 priate circumstances. 

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

21 Not later than 180 days after the date of the enactment 

22 of this Act, the Security Executive Agent shall, in coordi23 nation with the members of the Council, establish the fol24 lowing: 


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1 (1) A policy and implementation plan for the 

2 issuance of interim security clearances. 

3 (2) A policy and implementation plan to ensure 

4 contractors are treated consistently in the security 

5 clearance process across agencies and departments 

6 of the United States as compared to employees of 

7 such agencies and departments. Such policy shall 

8 address— 

9 (A) prioritization of processing security 

10 clearances based on the mission the contractors 

11 will be performing; 

12 (B) standardization in the forms that 

13 agencies issue to initiate the process for a secu14 rity clearance; 

15 (C) digitization of background investiga16 tion-related forms; 

17 (D) use of the polygraph; 

18 (E) the application of the adjudicative 

19 guidelines under Security Executive Agent Di20 rective 4 (known as the ‘‘National Security Ad21 judicative Guidelines’’); 

22 (F) reciprocal recognition of clearances 

23 across agencies and departments of the United 

24 States, regardless of status of periodic reinves25 tigation; 


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1 (G) tracking of clearance files as individ2 uals move from employment with an agency or 

3 department of the United States to employment 

4 in the private sector; 

5 (H) collection of timelines for movement of 

6 contractors across agencies and departments; 

7 (I) reporting on security incidents and job 

8 performance, consistent with section 552a of 

9 title 5, United States Code (commonly known 

10 as the ‘‘Privacy Act of 1974’’), that may affect 

11 the ability to hold a security clearance; 

12 (J) any recommended changes to the Fed13 eral Acquisition Regulations (FAR) necessary 

14 to ensure that information affecting contractor 

15 clearances or suitability is appropriately and ex16 peditiously shared between and among agencies 

17 and contractors; and 

18 (K) portability of contractor security clear19 ances between or among contracts at the same 

20 agency and between or among contracts at dif21 ferent agencies that require the same level of 

22 clearance. 

23 (3) A strategy and implementation plan that— 


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1 (A) provides for periodic reinvestigations 

2 as part of a security clearance determination 

3 only on an as-needed, risk-based basis; 

4 (B) includes actions to assess the extent to 

5 which automated records checks and other con6 tinuous evaluation methods may be used to ex7 pedite or focus reinvestigations; and 

8 (C) provides an exception for certain popu9 lations if the Security Executive Agent— 

10 (i) determines such populations re11 quire reinvestigations at regular intervals; 

12 and 

13 (ii) provides written justification to 

14 the appropriate congressional committees 

15 for any such determination. 

16 (4) A policy and implementation plan for agen17 cies and departments of the United States, as a part 

18 of the security clearance process, to accept auto19 mated records checks generated pursuant to a secu20 rity clearance applicant’s employment with a prior 

21 employer. 

22 (5) A policy for the use of certain background 

23 materials on individuals collected by the private sec24 tor for background investigation purposes. 


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1 (6) Uniform standards for agency continuous 

2 evaluation programs to ensure quality and reci3 procity in accepting enrollment in a continuous vet4 ting program as a substitute for a periodic investiga5 tion for continued access to classified information. 

6 SEC. 604. GOALS FOR PROMPTNESS OF DETERMINATIONS 

7 REGARDING SECURITY CLEARANCES. 

8 (a) RECIPROCITY DEFINED.—In this section, the 

9 term ‘‘reciprocity’’ means reciprocal recognition by Fed10 eral departments and agencies of eligibility for access to 

11 classified information. 

12 (b) IN GENERAL.—The Council shall reform the se13 curity clearance process with the objective that, by Decem14 ber 31, 2021, 90 percent of all determinations, other than 

15 determinations regarding populations identified under sec16 tion 603(b)(3)(C), regarding— 

17 (1) security clearances— 

18 (A) at the secret level are issued in 30 

19 days or fewer; and 

20 (B) at the top secret level are issued in 90 

21 days or fewer; and 

22 (2) reciprocity of security clearances at the 

23 same level are recognized in 2 weeks or fewer. 

24 (c) CERTAIN REINVESTIGATIONS.—The Council shall 

25 reform the security clearance process with the goal that 


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1 by December 31, 2021, reinvestigation on a set periodicity 

2 is not required for more than 10 percent of the population 

3 that holds a security clearance. 

4 (d) EQUIVALENT METRICS.— 

5 (1) IN GENERAL.—If the Council develops a set 

6 of performance metrics that it certifies to the appro7 priate congressional committees should achieve sub8 stantially equivalent outcomes as those outlined in 

9 subsections (b) and (c), the Council may use those 

10 metrics for purposes of compliance within this provi11 sion. 

12 (2) NOTICE.—If the Council uses the authority 

13 provided by paragraph (1) to use metrics as de14 scribed in such paragraph, the Council shall, not 

15 later than 30 days after communicating such metrics 

16 to departments and agencies, notify the appropriate 

17 congressional committees that it is using such au18 thority. 

19 (e) PLAN.—Not later than 180 days after the date 

20 of the enactment of this Act, the Council shall submit to 

21 the appropriate congressional committees and make avail22 able to appropriate industry partners a plan to carry out 

23 this section. Such plan shall include recommended interim 

24 milestones for the goals set forth in subsections (b) and 

25 (c) for 2019, 2020, and 2021. 


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1 SEC. 605. SECURITY EXECUTIVE AGENT. 

2 (a) IN GENERAL.—Title VIII of the National Secu3 rity Act of 1947 (50 U.S.C. 3161 et seq.) is amended— 

4 (1) by redesignating sections 803 and 804 as 

5 sections 804 and 805, respectively; and 

6 (2) by inserting after section 802 the following: 

7 ‘‘SEC. 803. SECURITY EXECUTIVE AGENT. 

8 ‘‘(a) IN GENERAL.—The Director of National Intel9 ligence, or such other officer of the United States as the 

10 President may designate, shall serve as the Security Exec11 utive Agent for all departments and agencies of the United 

12 States. 

13 ‘‘(b) DUTIES.—The duties of the Security Executive 

14 Agent are as follows: 

15 ‘‘(1) To direct the oversight of investigations, 

16 reinvestigations, adjudications, and, as applicable, 

17 polygraphs for eligibility for access to classified in18 formation or eligibility to hold a sensitive position 

19 made by any Federal agency. 

20 ‘‘(2) To review the national security back21 ground investigation and adjudication programs of 

22 Federal agencies to determine whether such pro23 grams are being implemented in accordance with 

24 this section. 

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1 tive, efficient, timely, and secure completion of inves2 tigations, polygraphs, and adjudications relating to 

3 determinations of eligibility for access to classified 

4 information or eligibility to hold a sensitive position. 

5 ‘‘(4) Unless otherwise designated by law, to 

6 serve as the final authority to designate a Federal 

7 agency or agencies to conduct investigations of per8 sons who are proposed for access to classified infor9 mation or for eligibility to hold a sensitive position 

10 to ascertain whether such persons satisfy the criteria 

11 for obtaining and retaining access to classified infor12 mation or eligibility to hold a sensitive position, as 

13 applicable. 

14 ‘‘(5) Unless otherwise designated by law, to 

15 serve as the final authority to designate a Federal 

16 agency or agencies to determine eligibility for access 

17 to classified information or eligibility to hold a sen18 sitive position in accordance with Executive Order 

19 12968 (50 U.S.C. 3161 note; relating to access to 

20 classified information). 

21 ‘‘(6) To ensure reciprocal recognition of eligi22 bility for access to classified information or eligibility 

23 to hold a sensitive position among Federal agencies, 

24 including acting as the final authority to arbitrate 

25 and resolve disputes among such agencies involving 


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1 the reciprocity of investigations and adjudications of 

2 eligibility. 

3 ‘‘(7) To execute all other duties assigned to the 

4 Security Executive Agent by law. 

5 ‘‘(c) AUTHORITIES.—The Security Executive Agent 

6 shall— 

7 ‘‘(1) issue guidelines and instructions to the 

8 heads of Federal agencies to ensure appropriate uni9 formity, centralization, efficiency, effectiveness, time10 liness, and security in processes relating to deter11 minations by such agencies of eligibility for access to 

12 classified information or eligibility to hold a sensitive 

13 position, including such matters as investigations, 

14 polygraphs, adjudications, and reciprocity; 

15 ‘‘(2) have the authority to grant exceptions to, 

16 or waivers of, national security investigative require17 ments, including issuing implementing or clarifying 

18 guidance, as necessary; 

19 ‘‘(3) have the authority to assign, in whole or 

20 in part, to the head of any Federal agency (solely or 

21 jointly) any of the duties of the Security Executive 

22 Agent described in subsection (b) or the authorities 

23 described in paragraphs (1) and (2), provided that 

24 the exercise of such assigned duties or authorities is 

25 subject to the oversight of the Security Executive 


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1 Agent, including such terms and conditions (includ2 ing approval by the Security Executive Agent) as the 

3 Security Executive Agent determines appropriate; 

4 and 

5 ‘‘(4) define and set standards for continuous 

6 evaluation for continued access to classified informa7 tion and for eligibility to hold a sensitive position.’’. 

8 (b) REPORT ON RECOMMENDATIONS FOR REVISING

9 AUTHORITIES.—Not later than 30 days after the date on 

10 which the Chairman of the Council submits to the appro11 priate congressional committees the report required by 

12 section 602(b)(2)(A), the Chairman shall submit to the 

13 appropriate congressional committees such recommenda14 tions as the Chairman may have for revising the authori15 ties of the Security Executive Agent. 

16 (c) CONFORMING AMENDMENT.—Section 

17 103H(j)(4)(A) of such Act (50 U.S.C. 3033(j)(4)(A)) is 

18 amended by striking ‘‘in section 804’’ and inserting ‘‘in 

19 section 805’’. 

20 (d) CLERICAL AMENDMENT.—The table of contents 

21 in the matter preceding section 2 of such Act (50 U.S.C. 

22 3002) is amended by striking the items relating to sections 

23 803 and 804 and inserting the following: 

‘‘Sec. 803. Security Executive Agent. 

‘‘Sec. 804. Exceptions. 

‘‘Sec. 805. Definitions.’’. 


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1 SEC. 606. REPORT ON UNIFIED, SIMPLIFIED, GOVERNMENT2 WIDE STANDARDS FOR POSITIONS OF TRUST 

3 AND SECURITY CLEARANCES. 

4 Not later than 90 days after the date of the enact5 ment of this Act, the Security Executive Agent and the 

6 Suitability and Credentialing Executive Agent, in coordi7 nation with the other members of the Council, shall jointly 

8 submit to the appropriate congressional committees and 

9 make available to appropriate industry partners a report 

10 regarding the advisability and the risks, benefits, and 

11 costs to the Government and to industry of consolidating 

12 to not more than 3 tiers for positions of trust and security 

13 clearances. 

14 SEC. 607. REPORT ON CLEARANCE IN PERSON CONCEPT. 

15 (a) SENSE OF CONGRESS.—It is the sense of Con16 gress that to reflect the greater mobility of the modern 

17 workforce, alternative methodologies merit analysis to 

18 allow greater flexibility for individuals moving in and out 

19 of positions that require access to classified information, 

20 while still preserving security. 

21 (b) REPORT REQUIRED.—Not later than 90 days 

22 after the date of the enactment of this Act, the Security 

23 Executive Agent shall submit to the appropriate congres24 sional committees and make available to appropriate in25 dustry partners a report that describes the requirements, 


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1 feasibility, and advisability of implementing a clearance in 

2 person concept described in subsection (c). 

3 (c) CLEARANCE IN PERSON CONCEPT.—The clear4 ance in person concept— 

5 (1) permits an individual who once held a secu6 rity clearance to maintain his or her eligibility for 

7 access to classified information, networks, and facili8 ties for up to 3 years after the individual’s eligibility 

9 for access to classified information would otherwise 

10 lapse; and 

11 (2) recognizes, unless otherwise directed by the 

12 Security Executive Agent, an individual’s security 

13 clearance and background investigation as current, 

14 regardless of employment status, contingent on en15 rollment in a continuous vetting program. 

16 (d) CONTENTS.—The report required under sub17 section (b) shall address— 

18 (1) requirements for an individual to voluntarily 

19 remain in a continuous evaluation program validated 

20 by the Security Executive Agent even if the indi21 vidual is not in a position requiring access to classi22 fied information; 

23 (2) appropriate safeguards for privacy; 

24 (3) advantages to government and industry; 


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1 (4) the costs and savings associated with imple2 mentation; 

3 (5) the risks of such implementation, including 

4 security and counterintelligence risks; 

5 (6) an appropriate funding model; and 

6 (7) fairness to small companies and inde7 pendent contractors. 

8 SEC. 608. BUDGET REQUEST DOCUMENTATION ON FUND9 ING FOR BACKGROUND INVESTIGATIONS. 

10 (a) IN GENERAL.—As part of the fiscal year 2020 

11 budget request submitted to Congress pursuant to section 

12 1105(a) of title 31, United States Code, the President 

13 shall include exhibits that identify the resources expended 

14 by each agency during the prior fiscal year for processing 

15 background investigations and continuous evaluation pro16 grams, disaggregated by tier and whether the individual 

17 was a Government employee or contractor. 

18 (b) CONTENTS.—Each exhibit submitted under sub19 section (a) shall include details on— 

20 (1) the costs of background investigations or re21 investigations; 

22 (2) the costs associated with background inves23 tigations for Government or contract personnel; 

24 (3) costs associated with continuous evaluation 

25 initiatives monitoring for each person for whom a 


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1 background investigation or reinvestigation was con2 ducted, other than costs associated with adjudica3 tion; 

4 (4) the average per person cost for each type of 

5 background investigation; and 

6 (5) a summary of transfers and 

7 reprogrammings that were executed in the previous 

8 year to support the processing of security clearances. 

9 SEC. 609. REPORTS ON RECIPROCITY FOR SECURITY 

10 CLEARANCES INSIDE OF DEPARTMENTS AND 

11 AGENCIES. 

12 (a) RECIPROCALLY RECOGNIZED DEFINED.—In this 

13 section, the term ‘‘reciprocally recognized’’ means recip14 rocal recognition by Federal departments and agencies of 

15 eligibility for access to classified information. 

16 (b) REPORTS TO SECURITY EXECUTIVE AGENT.— 

17 The head of each Federal department or agency shall sub18 mit an annual report to the Security Executive Agent 

19 that— 

20 (1) identifies the number of individuals whose 

21 security clearances take more than 2 weeks to be re22 ciprocally recognized after such individuals move to 

23 another part of such department or agency; and 


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1 (2) breaks out the information described in 

2 paragraph (1) by type of clearance and the reasons 

3 for any delays. 

4 (c) ANNUAL REPORT.—Not less frequently than once 

5 each year, the Security Executive Agent shall submit to 

6 the appropriate congressional committees and make avail7 able to industry partners an annual report that summa8 rizes the information received pursuant to subsection (b) 

9 during the period covered by such report. 

10 SEC. 610. INTELLIGENCE COMMUNITY REPORTS ON SECU11 RITY CLEARANCES. 

12 Section 506H of the National Security Act of 1947 

13 (50 U.S.C. 3104) is amended— 

14 (1) in subsection (a)(1)— 

15 (A) in subparagraph (A)(ii), by adding 

16 ‘‘and’’ at the end; 

17 (B) in subparagraph (B)(ii), by striking ‘‘; 

18 and’’ and inserting a period; and 

19 (C) by striking subparagraph (C); 

20 (2) by redesignating subsection (b) as sub21 section (c); 

22 (3) by inserting after subsection (a) the fol23 lowing: 

24 ‘‘(b) INTELLIGENCE COMMUNITY REPORTS.—(1)(A) 

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1 tional Intelligence shall submit a report to the congres2 sional intelligence committees, the Committee on Home3 land Security and Governmental Affairs of the Senate, the 

4 Committee on Homeland Security of the House of Rep5 resentatives, and the Committee on Oversight and Reform 

6 of the House of Representatives regarding the security 

7 clearances processed by each element of the intelligence 

8 community during the preceding fiscal year. 

9 ‘‘(B) The Director shall submit to the Committee on 

10 Armed Services of the Senate and the Committee on 

11 Armed Services of the House of Representatives such por12 tions of the report submitted under subparagraph (A) as 

13 the Director determines address elements of the intel14 ligence community that are within the Department of De15 fense. 

16 ‘‘(C) Each report submitted under this paragraph 

17 shall separately identify security clearances processed for 

18 Federal employees and contractor employees sponsored by 

19 each such element. 

20 ‘‘(2) Each report submitted under paragraph (1)(A) 

21 shall include, for each element of the intelligence commu22 nity for the fiscal year covered by the report, the following: 

23 ‘‘(A) The total number of initial security clear24 ance background investigations sponsored for new 

25 applicants. 


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1 ‘‘(B) The total number of security clearance 

2 periodic reinvestigations sponsored for existing em3 ployees. 

4 ‘‘(C) The total number of initial security clear5 ance background investigations for new applicants 

6 that were adjudicated with notice of a determination 

7 provided to the prospective applicant, including— 

8 ‘‘(i) the total number of such adjudications 

9 that were adjudicated favorably and granted ac10 cess to classified information; and 

11 ‘‘(ii) the total number of such adjudica12 tions that were adjudicated unfavorably and re13 sulted in a denial or revocation of a security 

14 clearance. 

15 ‘‘(D) The total number of security clearance 

16 periodic background investigations that were adju17 dicated with notice of a determination provided to 

18 the existing employee, including— 

19 ‘‘(i) the total number of such adjudications 

20 that were adjudicated favorably; and 

21 ‘‘(ii) the total number of such adjudica22 tions that were adjudicated unfavorably and re23 sulted in a denial or revocation of a security 

24 clearance. 


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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, categorized 

6 as follows: 

7 ‘‘(i) For 180 days or shorter. 

8 ‘‘(ii) For longer than 180 days, but shorter 

9 than 12 months. 

10 ‘‘(iii) For 12 months or longer, but shorter 

11 than 18 months. 

12 ‘‘(iv) For 18 months or longer, but shorter 

13 than 24 months. 

14 ‘‘(v) For 24 months or longer. 

15 ‘‘(F) For any security clearance determinations 

16 completed or pending during the year preceding the 

17 year for which the report is submitted that have 

18 taken longer than 12 months to complete— 

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. 

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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 strik13 ing ‘‘subsection (a)(1)’’ and inserting ‘‘subsections 

14 (a)(1) and (b)’’. 

15 SEC. 611. 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 

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1 formation, networks, or facilities, or may only require a 

2 security clearance at the secret level. 

3 SEC. 612. 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 


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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. 


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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. 


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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. 


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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. 613. 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. 


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1 TITLE VII—REPORTS AND 

2 OTHER MATTERS 

3 Subtitle A—Matters Relating to 

4 Russia and Other Foreign Powers 

5 SEC. 701. 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 


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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 


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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. 702. 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 

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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. 703. ASSESSMENT OF THREAT FINANCE RELATING TO 

7 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 


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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. 


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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. 


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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. 704. 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. 


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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. 705. 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 


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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. 706. 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; 


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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. 


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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 

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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. 707. REPORT ON IRANIAN SUPPORT OF PROXY 

22 FORCES IN SYRIA AND LEBANON. 

23 (a) DEFINITIONS.—In this section: 


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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); 


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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 


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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. 


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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. 708. 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 calVerDate Sep 11 2014 22:17 May 22, 2019 Jkt 089200 PO 00000 Frm 00217 Fmt 6652 Sfmt 6201 E:\BILLS\S1589.RS S1589

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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. 709. 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.— 


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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: 


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‘‘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, and other nation 

states to exert covert influence over peoples and governments.’’. 

1 (b) REPORT REQUIRED.— 

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

3 after the date of the enactment of this Act, the Di4 rector of National Intelligence, in coordination with 

5 such elements of the intelligence community as the 

6 Director considers relevant, shall submit to the con7 gressional intelligence committees a report on the 

8 feasibility and advisability of establishing a center, 

9 to be known as the ‘‘Foreign Malign Influence Re10 sponse Center’’, that— 

11 (A) is comprised of analysts from all ap12 propriate elements of the intelligence commu13 nity, including elements with related diplomatic 

14 and law enforcement functions; 

15 (B) has access to all intelligence and other 

16 reporting acquired by the United States Gov17 ernment on foreign efforts to influence, through 

18 overt and covert malign activities, United 

19 States political processes and elections; 

20 (C) provides comprehensive assessment, 

21 and indications and warning, of such activities; 

22 and 


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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 Subtitle B—Reports 

12 SEC. 711. TECHNICAL CORRECTION TO INSPECTOR GEN13 ERAL STUDY. 

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

15 amended— 

16 (1) in the subsection heading, by striking 

17 ‘‘AUDIT’’ and inserting ‘‘REVIEW’’; 

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

19 inserting ‘‘review’’; and 

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

21 inserting ‘‘review’’. 

22 SEC. 712. REPORTS ON AUTHORITIES OF THE CHIEF INTEL23 LIGENCE OFFICER OF THE DEPARTMENT OF 

24 HOMELAND SECURITY. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) APPROPRIATE COMMITTEES OF CON2 GRESS.—The term ‘‘appropriate committees of Con3 gress’’ 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) HOMELAND SECURITY INTELLIGENCE EN11 TERPRISE.—The term ‘‘Homeland Security Intel12 ligence Enterprise’’ has the meaning given such 

13 term in Department of Homeland Security Instruc14 tion Number 264–01–001, or successor authority. 

15 (b) REPORT REQUIRED.—Not later than 120 days 

16 after the date of the enactment of this Act, the Secretary 

17 of Homeland Security, in consultation with the Under Sec18 retary of Homeland Security for Intelligence and Analysis, 

19 shall submit to the appropriate committees of Congress 

20 a report on the authorities of the Under Secretary. 

21 (c) ELEMENTS.—The report required by subsection 

22 (b) shall include each of the following: 

23 (1) An analysis of whether the Under Secretary 

24 has the legal and policy authority necessary to orga25 nize and lead the Homeland Security Intelligence 


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

2 a description of— 

3 (A) the obstacles to exercising the authori4 ties of the Chief Intelligence Officer of the De5 partment and the Homeland Security Intel6 ligence Council, of which the Chief Intelligence 

7 Officer is the chair; and 

8 (B) the legal and policy changes necessary 

9 to effectively coordinate, organize, and lead in10 telligence activities of the Department of Home11 land Security. 

12 (2) A description of the actions that the Sec13 retary has taken to address the inability of the 

14 Under Secretary to require components of the De15 partment, other than the Office of Intelligence and 

16 Analysis of the Department to— 

17 (A) coordinate intelligence programs; and 

18 (B) integrate and standardize intelligence 

19 products produced by such other components. 

20 SEC. 713. REPORT ON CYBER EXCHANGE PROGRAM. 

21 (a) REPORT.—Not later than 90 days after the date 

22 of the enactment of this Act, the Director of National In23 telligence shall submit to the congressional intelligence 

24 committees a report on the potential establishment of a 

25 fully voluntary exchange program between elements of the 


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1 intelligence community and private technology companies 

2 under which— 

3 (1) an employee of an element of the intel4 ligence community with demonstrated expertise and 

5 work experience in cybersecurity or related dis6 ciplines may elect to be temporarily detailed to a pri7 vate technology company that has elected to receive 

8 the detailee; and 

9 (2) an employee of a private technology com10 pany with demonstrated expertise and work experi11 ence in cybersecurity or related disciplines may elect 

12 to be temporarily detailed to an element of the intel13 ligence community that has elected to receive the 

14 detailee. 

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

16 shall include the following: 

17 (1) An assessment of the feasibility of estab18 lishing the exchange program described in such sub19 section. 

20 (2) Identification of any challenges in estab21 lishing the exchange program. 

22 (3) An evaluation of the benefits to the intel23 ligence community that would result from the ex24 change program. 


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1 SEC. 714. REVIEW OF INTELLIGENCE COMMUNITY WHIS2 TLEBLOWER MATTERS. 

3 (a) REVIEW OF WHISTLEBLOWER MATTERS.—The 

4 Inspector General of the Intelligence Community, in con5 sultation with the inspectors general for the Central Intel6 ligence Agency, the National Security Agency, the Na7 tional Geospatial-Intelligence Agency, the Defense Intel8 ligence Agency, and the National Reconnaissance Office, 

9 shall conduct a review of the authorities, policies, inves10 tigatory standards, and other practices and procedures re11 lating to intelligence community whistleblower matters, 

12 with respect to such inspectors general. 

13 (b) OBJECTIVE OF REVIEW.—The objective of the re14 view required under subsection (a) is to identify any dis15 crepancies, inconsistencies, or other issues, which frustrate 

16 the timely and effective reporting of intelligence commu17 nity whistleblower matters to appropriate inspectors gen18 eral and to the congressional intelligence committees, and 

19 the fair and expeditious investigation and resolution of 

20 such matters. 

21 (c) CONDUCT OF REVIEW.—The Inspector General of 

22 the Intelligence Community shall take such measures as 

23 the Inspector General determines necessary in order to en24 sure that the review required by subsection (a) is con25 ducted in an independent and objective fashion. 


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1 (d) REPORT.—Not later than 270 days after the date 

2 of the enactment of this Act, the Inspector General of the 

3 Intelligence Community shall submit to the congressional 

4 intelligence committees a written report containing the re5 sults of the review required under subsection (a), along 

6 with recommendations to improve the timely and effective 

7 reporting of intelligence community whistleblower matters 

8 to inspectors general and to the congressional intelligence 

9 committees and the fair and expeditious investigation and 

10 resolution of such matters. 

11 SEC. 715. REPORT ON ROLE OF DIRECTOR OF NATIONAL IN12 TELLIGENCE WITH RESPECT TO CERTAIN 

13 FOREIGN INVESTMENTS. 

14 (a) REPORT.—Not later than 180 days after the date 

15 of the enactment of this Act, the Director of National In16 telligence, in consultation with the heads of the elements 

17 of the intelligence community determined appropriate by 

18 the Director, shall submit to the congressional intelligence 

19 committees a report on the role of the Director in pre20 paring analytic materials in connection with the evaluation 

21 by the Federal Government of national security risks asso22 ciated with potential foreign investments into the United 

23 States. 

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

25 shall include— 


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1 (1) a description of the current process for the 

2 provision of the analytic materials described in sub3 section (a); 

4 (2) an identification of the most significant ben5 efits and drawbacks of such process with respect to 

6 the role of the Director, including the sufficiency of 

7 resources and personnel to prepare such materials; 

8 and 

9 (3) recommendations to improve such process. 

10 SEC. 716. REPORT ON SURVEILLANCE BY FOREIGN GOV11 ERNMENTS AGAINST UNITED STATES TELE12 COMMUNICATIONS NETWORKS. 

13 (a) APPROPRIATE CONGRESSIONAL COMMITTEES

14 DEFINED.—In this section, the term ‘‘appropriate con15 gressional committees’’ means the following: 

16 (1) The congressional intelligence committees. 

17 (2) The Committee on the Judiciary and the 

18 Committee on Homeland Security and Governmental 

19 Affairs of the Senate. 

20 (3) The Committee on the Judiciary and the 

21 Committee on Homeland Security of the House of 

22 Representatives. 

23 (b) REPORT.—Not later than 180 days after the date 

24 of the enactment of this Act, the Director of National In25 telligence shall, in coordination with the Director of the 


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1 Central Intelligence Agency, the Director of the National 

2 Security Agency, the Director of the Federal Bureau of 

3 Investigation, and the Secretary of Homeland Security, 

4 submit to the appropriate congressional committees a re5 port describing— 

6 (1) any attempts known to the intelligence com7 munity by foreign governments to exploit cybersecu8 rity vulnerabilities in United States telecommuni9 cations networks (including Signaling System No. 7) 

10 to target for surveillance United States persons, in11 cluding employees of the Federal Government; and 

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

13 of this Act, taken by the intelligence community to 

14 protect agencies and personnel of the United States 

15 Government from surveillance conducted by foreign 

16 governments. 

17 SEC. 717. BIENNIAL REPORT ON FOREIGN INVESTMENT 

18 RISKS. 

19 (a) INTELLIGENCE COMMUNITY INTERAGENCY

20 WORKING GROUP.— 

21 (1) REQUIREMENT TO ESTABLISH.—The Direc22 tor of National Intelligence shall establish an intel23 ligence community interagency working group to 

24 prepare the biennial reports required by subsection 

25 (b). 


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1 (2) CHAIRPERSON.—The Director of National 

2 Intelligence shall serve as the chairperson of such 

3 interagency working group. 

4 (3) MEMBERSHIP.—Such interagency working 

5 group shall be composed of representatives of each 

6 element of the intelligence community that the Di7 rector of National Intelligence determines appro8 priate. 

9 (b) BIENNIAL REPORT ON FOREIGN INVESTMENT

10 RISKS.— 

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

12 days after the date of the enactment of this Act and 

13 not less frequently than once every 2 years there14 after, the Director of National Intelligence shall sub15 mit to the congressional intelligence committees, the 

16 Committee on Homeland Security and Governmental 

17 Affairs of the Senate, and the Committee on Home18 land Security of the House of Representatives a re19 port on foreign investment risks prepared by the 

20 interagency working group established under sub21 section (a). 

22 (2) ELEMENTS.—Each report required by para23 graph (1) shall include identification, analysis, and 

24 explanation of the following: 


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1 (A) Any current or projected major threats 

2 to the national security of the United States 

3 with respect to foreign investment. 

4 (B) Any strategy used by a foreign country 

5 that such interagency working group has identi6 fied to be a country of special concern to use 

7 foreign investment to target the acquisition of 

8 critical technologies, critical materials, or crit9 ical infrastructure. 

10 (C) Any economic espionage efforts di11 rected at the United States by a foreign coun12 try, particularly such a country of special con13 cern. 

14 SEC. 718. MODIFICATION OF CERTAIN REPORTING RE15 QUIREMENT ON TRAVEL OF FOREIGN DIP16 LOMATS. 

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

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

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

20 SEC. 719. SEMIANNUAL REPORTS ON INVESTIGATIONS OF 

21 UNAUTHORIZED DISCLOSURES OF CLASSI22 FIED INFORMATION. 

23 (a) IN GENERAL.—Title XI of the National Security 

24 Act of 1947 (50 U.S.C. 3231 et seq.) is amended by add25 ing at the end the following new section: 


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1 ‘‘SEC. 1105. SEMIANNUAL REPORTS ON INVESTIGATIONS OF 

2 UNAUTHORIZED DISCLOSURES OF CLASSI3 FIED INFORMATION. 

4 ‘‘(a) DEFINITIONS.—In this section: 

5 ‘‘(1) COVERED OFFICIAL.—The term ‘covered 

6 official’ means— 

7 ‘‘(A) the heads of each element of the in8 telligence community; and 

9 ‘‘(B) the inspectors general with oversight 

10 responsibility for an element of the intelligence 

11 community. 

12 ‘‘(2) INVESTIGATION.—The term ‘investigation’ 

13 means any inquiry, whether formal or informal, into 

14 the existence of an unauthorized public disclosure of 

15 classified information. 

16 ‘‘(3) UNAUTHORIZED DISCLOSURE OF CLASSI17 FIED INFORMATION.—The term ‘unauthorized dis18 closure of classified information’ means any unau19 thorized disclosure of classified information to any 

20 recipient. 

21 ‘‘(4) UNAUTHORIZED PUBLIC DISCLOSURE OF

22 CLASSIFIED INFORMATION.—The term ‘unauthorized 

23 public disclosure of classified information’ means the 

24 unauthorized disclosure of classified information to a 

25 journalist or media organization. 

26 ‘‘(b) INTELLIGENCE COMMUNITY REPORTING.— 


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

2 once every 6 months, each covered official shall sub3 mit to the congressional intelligence committees a 

4 report on investigations of unauthorized public dis5 closures of classified information. 

6 ‘‘(2) ELEMENTS.—Each report submitted under 

7 paragraph (1) shall include, with respect to the pre8 ceding 6-month period, the following: 

9 ‘‘(A) The number of investigations opened 

10 by the covered official regarding an unauthor11 ized public disclosure of classified information. 

12 ‘‘(B) The number of investigations com13 pleted by the covered official regarding an un14 authorized public disclosure of classified infor15 mation. 

16 ‘‘(C) Of the number of such completed in17 vestigations identified under subparagraph (B), 

18 the number referred to the Attorney General 

19 for criminal investigation. 

20 ‘‘(c) DEPARTMENT OF JUSTICE REPORTING.— 

21 ‘‘(1) IN GENERAL.—Not less frequently than 

22 once every 6 months, the Assistant Attorney General 

23 for National Security of the Department of Justice, 

24 in consultation with the Director of the Federal Bu25 reau of Investigation, shall submit to the congresVerDate Sep 11 2014 22:17 May 22, 2019 Jkt 089200 PO 00000 Frm 00232 Fmt 6652 Sfmt 6201 E:\BILLS\S1589.RS S1589

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1 sional intelligence committees, the Committee on the 

2 Judiciary of the Senate, and the Committee on the 

3 Judiciary of the House of Representatives a report 

4 on the status of each referral made to the Depart5 ment of Justice from any element of the intelligence 

6 community regarding an unauthorized disclosure of 

7 classified information made during the most recent 

8 365-day period or any referral that has not yet been 

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

10 ‘‘(2) CONTENTS.—Each report submitted under 

11 paragraph (1) shall include, for each referral covered 

12 by the report, at a minimum, the following: 

13 ‘‘(A) The date the referral was received. 

14 ‘‘(B) A statement indicating whether the 

15 alleged unauthorized disclosure described in the 

16 referral was substantiated by the Department 

17 of Justice. 

18 ‘‘(C) A statement indicating the highest 

19 level of classification of the information that 

20 was revealed in the unauthorized disclosure. 

21 ‘‘(D) A statement indicating whether an 

22 open criminal investigation related to the refer23 ral is active. 


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1 ‘‘(E) A statement indicating whether any 

2 criminal charges have been filed related to the 

3 referral. 

4 ‘‘(F) A statement indicating whether the 

5 Department of Justice has been able to at6 tribute the unauthorized disclosure to a par7 ticular entity or individual. 

8 ‘‘(d) FORM OF REPORTS.—Each report submitted 

9 under this section shall be submitted in unclassified form, 

10 but may have a classified annex.’’. 

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

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

13 is amended by inserting after the item relating to section 

14 1104 the following new item: 

‘‘Sec. 1105. Semiannual reports on investigations of unauthorized disclosures of 

classified information.’’. 

15 SEC. 720. CONGRESSIONAL NOTIFICATION OF DESIGNA16 TION OF COVERED INTELLIGENCE OFFICER 

17 AS PERSONA NON GRATA. 

18 (a) COVERED INTELLIGENCE OFFICER DEFINED.— 

19 In this section, the term ‘‘covered intelligence officer’’ 

20 means— 

21 (1) a United States intelligence officer serving 

22 in a post in a foreign country; or 

23 (2) a known or suspected foreign intelligence of24 ficer serving in a United States post. 


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1 (b) REQUIREMENT FOR REPORTS.—Not later than 

2 72 hours after a covered intelligence officer is designated 

3 as a persona non grata, the Director of National Intel4 ligence, in consultation with the Secretary of State, shall 

5 submit to the congressional intelligence committees, the 

6 Committee on Foreign Relations of the Senate, and the 

7 Committee on Foreign Affairs of the House of Representa8 tives a notification of that designation. Each such notifica9 tion shall include— 

10 (1) the date of the designation; 

11 (2) the basis for the designation; and 

12 (3) a justification for the expulsion. 

13 SEC. 721. REPORTS ON INTELLIGENCE COMMUNITY PAR14 TICIPATION IN VULNERABILITIES EQUITIES 

15 PROCESS OF FEDERAL GOVERNMENT. 

16 (a) DEFINITIONS.—In this section: 

17 (1) VULNERABILITIES EQUITIES POLICY AND

18 PROCESS DOCUMENT.—The term ‘‘Vulnerabilities 

19 Equities Policy and Process document’’ means the 

20 executive branch document entitled ‘‘Vulnerabilities 

21 Equities Policy and Process’’ dated November 15, 

22 2017. 

23 (2) VULNERABILITIES EQUITIES PROCESS.— 

24 The term ‘‘Vulnerabilities Equities Process’’ means 

25 the interagency review of vulnerabilities, pursuant to 


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1 the Vulnerabilities Equities Policy and Process docu2 ment or any successor document. 

3 (3) VULNERABILITY.—The term ‘‘vulnerability’’ 

4 means a weakness in an information system or its 

5 components (for example, system security proce6 dures, hardware design, and internal controls) that 

7 could be exploited or could affect confidentiality, in8 tegrity, or availability of information. 

9 (b) REPORTS ON PROCESS AND CRITERIA UNDER

10 VULNERABILITIES EQUITIES POLICY AND PROCESS.— 

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

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

13 of National Intelligence shall submit to the congres14 sional intelligence committees a written report de15 scribing— 

16 (A) with respect to each element of the in17 telligence community— 

18 (i) the title of the official or officials 

19 responsible for determining whether, pur20 suant to criteria contained in the 

21 Vulnerabilities Equities Policy and Process 

22 document or any successor document, a 

23 vulnerability must be submitted for review 

24 under the Vulnerabilities Equities Process; 

25 and 


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1 (ii) the process used by such element 

2 to make such determination; and 

3 (B) the roles or responsibilities of that ele4 ment during a review of a vulnerability sub5 mitted to the Vulnerabilities Equities Process. 

6 (2) CHANGES TO PROCESS OR CRITERIA.—Not 

7 later than 30 days after any significant change is 

8 made to the process and criteria used by any ele9 ment of the intelligence community for determining 

10 whether to submit a vulnerability for review under 

11 the Vulnerabilities Equities Process, such element 

12 shall submit to the congressional intelligence com13 mittees a report describing such change. 

14 (3) FORM OF REPORTS.—Each report sub15 mitted under this subsection shall be submitted in 

16 unclassified form, but may include a classified 

17 annex. 

18 (c) ANNUAL REPORTS.— 

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

20 once each calendar year, the Director of National In21 telligence shall submit to the congressional intel22 ligence committees a classified report containing, 

23 with respect to the previous year— 


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1 (A) the number of vulnerabilities submitted 

2 for review under the Vulnerabilities Equities 

3 Process; 

4 (B) the number of vulnerabilities described 

5 in subparagraph (A) disclosed to each vendor 

6 responsible for correcting the vulnerability, or 

7 to the public, pursuant to the Vulnerabilities 

8 Equities Process; and 

9 (C) the aggregate number, by category, of 

10 the vulnerabilities excluded from review under 

11 the Vulnerabilities Equities Process, as de12 scribed in paragraph 5.4 of the Vulnerabilities 

13 Equities Policy and Process document. 

14 (2) UNCLASSIFIED INFORMATION.—Each report 

15 submitted under paragraph (1) shall include an un16 classified appendix that contains— 

17 (A) the aggregate number of vulnerabilities 

18 disclosed to vendors or the public pursuant to 

19 the Vulnerabilities Equities Process; and 

20 (B) the aggregate number of vulnerabilities 

21 disclosed to vendors or the public pursuant to 

22 the Vulnerabilities Equities Process known to 

23 have been patched. 

24 (3) NON-DUPLICATION.—The Director of Na25 tional Intelligence may forgo submission of an anVerDate Sep 11 2014 22:17 May 22, 2019 Jkt 089200 PO 00000 Frm 00238 Fmt 6652 Sfmt 6201 E:\BILLS\S1589.RS S1589

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1 nual report required under this subsection for a cal2 endar year, if the Director notifies the intelligence 

3 committees in writing that, with respect to the same 

4 calendar year, an annual report required by para5 graph 4.3 of the Vulnerabilities Equities Policy and 

6 Process document already has been submitted to 

7 Congress, and such annual report contains the infor8 mation that would otherwise be required to be in9 cluded in an annual report under this subsection. 

10 SEC. 722. INSPECTORS GENERAL REPORTS ON CLASSIFICA11 TION. 

12 (a) REPORTS REQUIRED.—Not later than October 1, 

13 2019, each Inspector General listed in subsection (b) shall 

14 submit to the congressional intelligence committees a re15 port that includes, with respect to the department or agen16 cy of the Inspector General, analyses of the following: 

17 (1) The accuracy of the application of classi18 fication and handling markers on a representative 

19 sample of finished reports, including such reports 

20 that are compartmented. 

21 (2) Compliance with declassification procedures. 

22 (3) The effectiveness of processes for identi23 fying topics of public or historical importance that 

24 merit prioritization for a declassification review. 


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1 (b) INSPECTORS GENERAL LISTED.—The Inspectors 

2 General listed in this subsection are as follows: 

3 (1) The Inspector General of the Intelligence 

4 Community. 

5 (2) The Inspector General of the Central Intel6 ligence Agency. 

7 (3) The Inspector General of the National Se8 curity Agency. 

9 (4) The Inspector General of the Defense Intel10 ligence Agency. 

11 (5) The Inspector General of the National Re12 connaissance Office. 

13 (6) The Inspector General of the National 

14 Geospatial-Intelligence Agency. 

15 SEC. 723. REPORTS ON GLOBAL WATER INSECURITY AND 

16 NATIONAL SECURITY IMPLICATIONS AND 

17 BRIEFING ON EMERGING INFECTIOUS DIS18 EASE AND PANDEMICS. 

19 (a) REPORTS ON GLOBAL WATER INSECURITY AND

20 NATIONAL SECURITY IMPLICATIONS.— 

21 (1) REPORTS REQUIRED.—Not later than 180 

22 days after the date of the enactment of this Act and 

23 not less frequently than once every 5 years there24 after, the Director of National Intelligence shall sub25 mit to the congressional intelligence committees a 


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1 report on the implications of water insecurity on the 

2 national security interest of the United States, in3 cluding consideration of social, economic, agricul4 tural, and environmental factors. 

5 (2) ASSESSMENT SCOPE AND FOCUS.—Each re6 port submitted under paragraph (1) shall include an 

7 assessment of water insecurity described in such 

8 subsection with a global scope, but focus on areas of 

9 the world— 

10 (A) of strategic, economic, or humanitarian 

11 interest to the United States— 

12 (i) that are, as of the date of the re13 port, at the greatest risk of instability, 

14 conflict, human insecurity, or mass dis15 placement; or 

16 (ii) where challenges relating to water 

17 insecurity are likely to emerge and become 

18 significant during the 5-year or the 20- 

19 year period beginning on the date of the 

20 report; and 

21 (B) where challenges relating to water in22 security are likely to imperil the national secu23 rity interests of the United States or allies of 

24 the United States. 


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1 (3) CONSULTATION.—In researching a report 

2 required by paragraph (1), the Director shall consult 

3 with— 

4 (A) such stakeholders within the intel5 ligence community, the Department of Defense, 

6 and the Department of State as the Director 

7 considers appropriate; and 

8 (B) such additional Federal agencies and 

9 persons in the private sector as the Director 

10 considers appropriate. 

11 (4) FORM.—Each report submitted under para12 graph (1) shall be submitted in unclassified form, 

13 but may include a classified annex. 

14 (b) BRIEFING ON EMERGING INFECTIOUS DISEASE

15 AND PANDEMICS.— 

16 (1) APPROPRIATE CONGRESSIONAL COMMIT17 TEES DEFINED.—In this subsection, the term ‘‘ap18 propriate congressional committees’’ means— 

19 (A) the congressional intelligence commit20 tees; 

21 (B) the Committee on Foreign Affairs, the 

22 Committee on Armed Services, and the Com23 mittee on Appropriations of the House of Rep24 resentatives; and 


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1 (C) the Committee on Foreign Relations, 

2 the Committee on Armed Services, and the 

3 Committee on Appropriations of the Senate. 

4 (2) BRIEFING.—Not later than 120 days after 

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

6 of National Intelligence shall provide to the appro7 priate congressional committees a briefing on the an8 ticipated geopolitical effects of emerging infectious 

9 disease (including deliberate, accidental, and natu10 rally occurring infectious disease threats) and 

11 pandemics, and their implications on the national se12 curity of the United States. 

13 (3) CONTENT.—The briefing under paragraph 

14 (2) shall include an assessment of— 

15 (A) the economic, social, political, and se16 curity risks, costs, and impacts of emerging in17 fectious diseases on the United States and the 

18 international political and economic system; 

19 (B) the economic, social, political, and se20 curity risks, costs, and impacts of a major 

21 transnational pandemic on the United States 

22 and the international political and economic 

23 system; and 


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1 (C) contributing trends and factors to the 

2 matters assessed under subparagraphs (A) and 

3 (B). 

4 (4) EXAMINATION OF RESPONSE CAPACITY.—In 

5 examining the risks, costs, and impacts of emerging 

6 infectious disease and a possible transnational pan7 demic under paragraph (3), the Director of National 

8 Intelligence shall also examine in the briefing under 

9 paragraph (2) the response capacity within affected 

10 countries and the international system. In consid11 ering response capacity, the Director shall include— 

12 (A) the ability of affected nations to effec13 tively detect and manage emerging infectious 

14 diseases and a possible transnational pandemic; 

15 (B) the role and capacity of international 

16 organizations and nongovernmental organiza17 tions to respond to emerging infectious disease 

18 and a possible pandemic, and their ability to co19 ordinate with affected and donor nations; and 

20 (C) the effectiveness of current inter21 national frameworks, agreements, and health 

22 systems to respond to emerging infectious dis23 eases and a possible transnational pandemic. 

24 (5) FORM.—The briefing under paragraph (2) 

25 may be classified. 


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1 SEC. 724. 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 


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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. 725. STUDY ON THE FEASIBILITY OF ENCRYPTING UN7 CLASSIFIED WIRELINE AND WIRELESS TELE8 PHONE 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. 726. 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 


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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. 727. 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; 


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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 


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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. 


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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. 728. 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— 


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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. 729. 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 


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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. 


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1 SEC. 730. 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. 


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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. 731. 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. 


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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: 


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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. 732. 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, shall submit to Congress a report on the possible ex23 ploitation of virtual currencies by terrorist actors. Such 

24 report shall include the following elements: 


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1 (1) An assessment of the means and methods 

2 by which international terrorist organizations and 

3 State sponsors of terrorism use virtual currencies. 

4 (2) An assessment of the use by terrorist orga5 nizations and State sponsors of terrorism of virtual 

6 currencies compared to the use by such organiza7 tions and States of other forms of financing to sup8 port operations, including an assessment of the col9 lection posture of the intelligence community on the 

10 use of virtual currencies by such organizations and 

11 States. 

12 (3) A description of any existing legal impedi13 ments that inhibit or prevent the intelligence com14 munity from collecting information on or helping 

15 prevent the use of virtual currencies by international 

16 terrorist organizations and State sponsors of ter17 rorism and an identification of any gaps in existing 

18 law that could be exploited for illicit funding by such 

19 organizations and States. 

20 (c) FORM OF REPORT.—The report required by sub21 section (b) shall be submitted in unclassified form, but 

22 may include a classified annex. 


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1 Subtitle C—Other Matters 

2 SEC. 741. PUBLIC INTEREST DECLASSIFICATION BOARD. 

3 Section 710(b) of the Public Interest Declassification 

4 Act of 2000 (Public Law 106–567; 50 U.S.C. 3161 note) 

5 is amended by striking ‘‘December 31, 2018’’ and insert6 ing ‘‘December 31, 2028’’. 

7 SEC. 742. SECURING ENERGY INFRASTRUCTURE. 

8 (a) DEFINITIONS.—In this section: 

9 (1) APPROPRIATE CONGRESSIONAL COMMIT10 TEES.—The term ‘‘appropriate congressional com11 mittees’’ means— 

12 (A) the congressional intelligence commit13 tees; 

14 (B) the Committee on Homeland Security 

15 and Governmental Affairs and the Committee 

16 on Energy and Natural Resources of the Sen17 ate; and 

18 (C) the Committee on Homeland Security 

19 and the Committee on Energy and Commerce 

20 of the House of Representatives. 

21 (2) COVERED ENTITY.—The term ‘‘covered en22 tity’’ means an entity identified pursuant to section 

23 9(a) of Executive Order 13636 of February 12, 

24 2013 (78 Fed. Reg. 11742), relating to identifica25 tion of critical infrastructure where a cybersecurity 


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1 incident could reasonably result in catastrophic re2 gional or national effects on public health or safety, 

3 economic security, or national security. 

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

5 software tool designed to take advantage of a secu6 rity vulnerability. 

7 (4) INDUSTRIAL CONTROL SYSTEM.—The term 

8 ‘‘industrial control system’’ means an operational 

9 technology used to measure, control, or manage in10 dustrial functions, and includes supervisory control 

11 and data acquisition systems, distributed control 

12 systems, and programmable logic or embedded con13 trollers. 

14 (5) NATIONAL LABORATORY.—The term ‘‘Na15 tional Laboratory’’ has the meaning given the term 

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

17 U.S.C. 15801). 

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

19 the pilot program established under subsection (b). 

20 (7) SECRETARY.—Except as otherwise specifi21 cally provided, the term ‘‘Secretary’’ means the Sec22 retary of Energy. 

23 (8) SECURITY VULNERABILITY.—The term ‘‘se24 curity vulnerability’’ means any attribute of hardVerDate Sep 11 2014 22:17 May 22, 2019 Jkt 089200 PO 00000 Frm 00259 Fmt 6652 Sfmt 6201 E:\BILLS\S1589.RS S1589

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1 ware, software, process, or procedure that could en2 able or facilitate the defeat of a security control. 

3 (b) PILOT PROGRAM FOR SECURING ENERGY INFRA4 STRUCTURE.—Not later than 180 days after the date of 

5 the enactment of this Act, the Secretary shall establish 

6 a 2-year control systems implementation pilot program 

7 within the National Laboratories for the purposes of— 

8 (1) partnering with covered entities in the en9 ergy sector (including critical component manufac10 turers in the supply chain) that voluntarily partici11 pate in the Program to identify new classes of secu12 rity vulnerabilities of the covered entities; and 

13 (2) evaluating technology and standards, in 

14 partnership with covered entities, to isolate and de15 fend industrial control systems of covered entities 

16 from security vulnerabilities and exploits in the most 

17 critical systems of the covered entities, including— 

18 (A) analog and nondigital control systems; 

19 (B) purpose-built control systems; and 

20 (C) physical controls. 

21 (c) WORKING GROUP TO EVALUATE PROGRAM

22 STANDARDS AND DEVELOP STRATEGY.— 

23 (1) ESTABLISHMENT.—The Secretary shall es24 tablish a working group— 


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1 (A) to evaluate the technology and stand2 ards used in the Program under subsection 

3 (b)(2); and 

4 (B) to develop a national cyber-informed 

5 engineering strategy to isolate and defend cov6 ered entities from security vulnerabilities and 

7 exploits in the most critical systems of the cov8 ered entities. 

9 (2) MEMBERSHIP.—The working group estab10 lished under paragraph (1) shall be composed of not 

11 fewer than 10 members, to be appointed by the Sec12 retary, at least 1 member of which shall represent 

13 each of the following: 

14 (A) The Department of Energy. 

15 (B) The energy industry, including electric 

16 utilities and manufacturers recommended by 

17 the Energy Sector coordinating councils. 

18 (C)(i) The Department of Homeland Secu19 rity; or 

20 (ii) the Industrial Control Systems Cyber 

21 Emergency Response Team. 

22 (D) The North American Electric Reli23 ability Corporation. 

24 (E) The Nuclear Regulatory Commission. 


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1 (F)(i) The Office of the Director of Na2 tional Intelligence; or 

3 (ii) the intelligence community (as defined 

4 in section 3 of the National Security Act of 

5 1947 (50 U.S.C. 3003)). 

6 (G)(i) The Department of Defense; or 

7 (ii) the Assistant Secretary of Defense for 

8 Homeland Security and America’s Security Af9 fairs. 

10 (H) A State or regional energy agency. 

11 (I) A national research body or academic 

12 institution. 

13 (J) The National Laboratories. 

14 (d) REPORTS ON THE PROGRAM.— 

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

16 days after the date on which funds are first dis17 bursed under the Program, the Secretary shall sub18 mit to the appropriate congressional committees an 

19 interim report that— 

20 (A) describes the results of the Program; 

21 (B) includes an analysis of the feasibility 

22 of each method studied under the Program; and 

23 (C) describes the results of the evaluations 

24 conducted by the working group established 

25 under subsection (c)(1). 


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1 (2) FINAL REPORT.—Not later than 2 years 

2 after the date on which funds are first disbursed 

3 under the Program, the Secretary shall submit to 

4 the appropriate congressional committees a final re5 port that— 

6 (A) describes the results of the Program; 

7 (B) includes an analysis of the feasibility 

8 of each method studied under the Program; and 

9 (C) describes the results of the evaluations 

10 conducted by the working group established 

11 under subsection (c)(1). 

12 (e) EXEMPTION FROM DISCLOSURE.—Information 

13 shared by or with the Federal Government or a State, 

14 Tribal, or local government under this section— 

15 (1) shall be deemed to be voluntarily shared in16 formation; 

17 (2) shall be exempt from disclosure under sec18 tion 552 of title 5, United States Code, or any provi19 sion of any State, Tribal, or local freedom of infor20 mation law, open government law, open meetings 

21 law, open records law, sunshine law, or similar law 

22 requiring the disclosure of information or records; 

23 and 

24 (3) shall be withheld from the public, without 

25 discretion, under section 552(b)(3) of title 5, United 


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1 States Code, and any provision of any State, Tribal, 

2 or local law requiring the disclosure of information 

3 or records. 

4 (f) PROTECTION FROM LIABILITY.— 

5 (1) IN GENERAL.—A cause of action against a 

6 covered entity for engaging in the voluntary activi7 ties authorized under subsection (b)— 

8 (A) shall not lie or be maintained in any 

9 court; and 

10 (B) shall be promptly dismissed by the ap11 plicable court. 

12 (2) VOLUNTARY ACTIVITIES.—Nothing in this 

13 section subjects any covered entity to liability for not 

14 engaging in the voluntary activities authorized under 

15 subsection (b). 

16 (g) NO NEW REGULATORY AUTHORITY FOR FED17 ERAL AGENCIES.—Nothing in this section authorizes the 

18 Secretary or the head of any other department or agency 

19 of the Federal Government to issue new regulations. 

20 (h) AUTHORIZATION OF APPROPRIATIONS.— 

21 (1) PILOT PROGRAM.—There is authorized to 

22 be appropriated $10,000,000 to carry out subsection 

23 (b). 


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1 (2) WORKING GROUP AND REPORT.—There is 

2 authorized to be appropriated $1,500,000 to carry 

3 out subsections (c) and (d). 

4 (3) AVAILABILITY.—Amounts made available 

5 under paragraphs (1) and (2) shall remain available 

6 until expended. 

7 SEC. 743. BUG BOUNTY PROGRAMS. 

8 (a) DEFINITIONS.—In this section: 

9 (1) APPROPRIATE COMMITTEES OF CON10 GRESS.—The term ‘‘appropriate committees of Con11 gress’’ means— 

12 (A) the congressional intelligence commit13 tees; 

14 (B) the Committee on Armed Services and 

15 the Committee on Homeland Security and Gov16 ernmental Affairs of the Senate; and 

17 (C) the Committee on Armed Services and 

18 the Committee on Homeland Security of the 

19 House of Representatives. 

20 (2) BUG BOUNTY PROGRAM.—The term ‘‘bug 

21 bounty program’’ means a program under which an 

22 approved computer security specialist or security re23 searcher is temporarily authorized to identify and re24 port vulnerabilities within the information system of 


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1 an agency or department of the United States in ex2 change for compensation. 

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

5 section 3502 of title 44, United States Code. 

6 (b) BUG BOUNTY PROGRAM PLAN.— 

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

8 after the date of the enactment of this Act, the Sec9 retary of Homeland Security, in consultation with 

10 the Secretary of Defense, shall submit to appro11 priate committees of Congress a strategic plan for 

12 appropriate agencies and departments of the United 

13 States to implement bug bounty programs. 

14 (2) CONTENTS.—The plan required by para15 graph (1) shall include— 

16 (A) an assessment of— 

17 (i) the ‘‘Hack the Pentagon’’ pilot 

18 program carried out by the Department of 

19 Defense in 2016 and subsequent bug boun20 ty programs in identifying and reporting 

21 vulnerabilities within the information sys22 tems of the Department of Defense; and 

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1 mented by leading technology companies in 

2 the United States; and 

3 (B) recommendations on the feasibility of 

4 initiating bug bounty programs at appropriate 

5 agencies and departments of the United States. 

6 SEC. 744. MODIFICATION OF AUTHORITIES RELATING TO 

7 THE NATIONAL INTELLIGENCE UNIVERSITY. 

8 (a) CIVILIAN FACULTY MEMBERS; EMPLOYMENT

9 AND COMPENSATION.— 

10 (1) IN GENERAL.—Section 1595(c) of title 10, 

11 United States Code, is amended by adding at the 

12 end the following: 

13 ‘‘(5) The National Intelligence University.’’. 

14 (2) COMPENSATION PLAN.—The Secretary of 

15 Defense shall provide each person employed as a 

16 full-time professor, instructor, or lecturer at the Na17 tional Intelligence University on the date of the en18 actment of this Act an opportunity to elect to be 

19 paid under the compensation plan in effect on the 

20 day before the date of the enactment of this Act 

21 (with no reduction in pay) or under the authority of 

22 section 1595 of title 10, United States Code, as 

23 amended by paragraph (1). 


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1 (b) ACCEPTANCE OF FACULTY RESEARCH

2 GRANTS.—Section 2161 of such title is amended by add3 ing at the end the following: 

4 ‘‘(d) ACCEPTANCE OF FACULTY RESEARCH

5 GRANTS.—The Secretary of Defense may authorize the 

6 President of the National Intelligence University to accept 

7 qualifying research grants in the same manner and to the 

8 same degree as the President of the National Defense Uni9 versity under section 2165(e) of this title.’’. 

10 (c) PILOT PROGRAM ON ADMISSION OF PRIVATE

11 SECTOR CIVILIANS TO RECEIVE INSTRUCTION.— 

12 (1) PILOT PROGRAM REQUIRED.— 

13 (A) IN GENERAL.—Not later than 180 

14 days after the date of the enactment of this 

15 Act, the Secretary of Defense shall commence 

16 carrying out a pilot program to assess the 

17 feasability and advisability of permitting eligible 

18 private sector employees who work in organiza19 tions relevant to national security to receive in20 struction at the National Intelligence Univer21 sity. 

22 (B) DURATION.—The Secretary shall carry 

23 out the pilot program during the 3-year period 

24 beginning on the date of the commencement of 

25 the pilot program. 


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1 (C) EXISTING PROGRAM.—The Secretary 

2 shall carry out the pilot program in a manner 

3 that is consistent with section 2167 of title 10, 

4 United States Code. 

5 (D) NUMBER OF PARTICIPANTS.—No more 

6 than the equivalent of 35 full-time student posi7 tions may be filled at any one time by private 

8 sector employees enrolled under the pilot pro9 gram. 

10 (E) DIPLOMAS AND DEGREES.—Upon suc11 cessful completion of the course of instruction 

12 in which enrolled, any such private sector em13 ployee may be awarded an appropriate diploma 

14 or degree under section 2161 of title 10, United 

15 States Code. 

16 (2) ELIGIBLE PRIVATE SECTOR EMPLOYEES.— 

17 (A) IN GENERAL.—For purposes of this 

18 subsection, an eligible private sector employee is 

19 an individual employed by a private firm that is 

20 engaged in providing to the Department of De21 fense, the intelligence community, or other Gov22 ernment departments or agencies significant 

23 and substantial intelligence or defense-related 

24 systems, products, or services or whose work 


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1 product is relevant to national security policy or 

2 strategy. 

3 (B) LIMITATION.—Under this subsection, 

4 a private sector employee admitted for instruc5 tion at the National Intelligence University re6 mains eligible for such instruction only so long 

7 as that person remains employed by the same 

8 firm, holds appropriate security clearances, and 

9 complies with any other applicable security pro10 tocols. 

11 (3) ANNUAL CERTIFICATION BY SECRETARY OF

12 DEFENSE.—Under the pilot program, private sector 

13 employees may receive instruction at the National 

14 Intelligence University during any academic year 

15 only if, before the start of that academic year, the 

16 Secretary of Defense determines, and certifies to the 

17 Committee on Armed Services of the Senate and the 

18 Committee on Armed Services of the House of Rep19 resentatives, that providing instruction to private 

20 sector employees under this section during that year 

21 will further the national security interests of the 

22 United States. 

23 (4) PILOT PROGRAM REQUIREMENTS.—The 

24 Secretary of Defense shall ensure that— 


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1 (A) the curriculum in which private sector 

2 employees may be enrolled under the pilot pro3 gram is not readily available through other 

4 schools and concentrates on national security5 relevant issues; and 

6 (B) the course offerings at the National 

7 Intelligence University are determined by the 

8 needs of the Department of Defense and the in9 telligence community. 

10 (5) TUITION.—The President of the National 

11 Intelligence University shall charge students enrolled 

12 under the pilot program a rate that— 

13 (A) is at least the rate charged for employ14 ees of the United States outside the Depart15 ment of Defense, less infrastructure costs; and 

16 (B) considers the value to the school and 

17 course of the private sector student. 

18 (6) STANDARDS OF CONDUCT.—While receiving 

19 instruction at the National Intelligence University, 

20 students enrolled under the pilot program, to the ex21 tent practicable, are subject to the same regulations 

22 governing academic performance, attendance, norms 

23 of behavior, and enrollment as apply to Government 

24 civilian employees receiving instruction at the univer25 sity. 


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1 (7) USE OF FUNDS.— 

2 (A) IN GENERAL.—Amounts received by 

3 the National Intelligence University for instruc4 tion of students enrolled under the pilot pro5 gram shall be retained by the university to de6 fray the costs of such instruction. 

7 (B) RECORDS.—The source, and the dis8 position, of such funds shall be specifically iden9 tified in records of the university. 

10 (8) REPORTS.— 

11 (A) ANNUAL REPORTS.—Each academic 

12 year in which the pilot program is carried out, 

13 the Secretary shall submit to the congressional 

14 intelligence committees, the Committee on 

15 Armed Services of the Senate, and the Com16 mittee on Armed Services of the House of Rep17 resentatives a report on the number of eligible 

18 private sector employees participating in the 

19 pilot program. 

20 (B) FINAL REPORT.—Not later than 90 

21 days after the date of the conclusion of the pilot 

22 program, the Secretary shall submit to the con23 gressional intelligence committees, the Com24 mittee on Armed Services of the Senate, and 

25 the Committee on Armed Services of the House 


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1 of Representatives a report on the findings of 

2 the Secretary with respect to the pilot program. 

3 Such report shall include— 

4 (i) the findings of the Secretary with 

5 respect to the feasability and advisability 

6 of permitting eligible private sector em7 ployees who work in organizations relevant 

8 to national security to receive instruction 

9 at the National Intelligence University; 

10 and 

11 (ii) a recommendation as to whether 

12 the pilot program should be extended. 

13 SEC. 745. TECHNICAL AND CLERICAL AMENDMENTS TO 

14 THE NATIONAL SECURITY ACT OF 1947. 

15 (a) TABLE OF CONTENTS.—The table of contents at 

16 the beginning of the National Security Act of 1947 (50 

17 U.S.C. 3001 et seq.) is amended— 

18 (1) by inserting after the item relating to sec19 tion 2 the following new item: 

‘‘Sec. 3. Definitions.’’; 

20 (2) by striking the item relating to section 107; 

21 (3) by striking the item relating to section 

22 113B and inserting the following new item: 

‘‘Sec. 113B. Special pay authority for science, technology, engineering, or 

mathematics positions.’’; 


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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 

24 ‘‘to Congress in classified form, but may include an 

25 unclassified summary’’; 


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1 (5) in section 112(c)(1), by striking ‘‘section 

2 103(c)(7)’’ and inserting ‘‘section 102A(i)’’; 

3 (6) by amending section 201 to read as follows: 

4 ‘‘SEC. 201. DEPARTMENT OF DEFENSE. 

5 ‘‘Except to the extent inconsistent with the provisions 

6 of this Act or other provisions of law, the provisions of 

7 title 5, United States Code, shall be applicable to the De8 partment of Defense.’’; 

9 (7) in section 205, by redesignating subsections 

10 (b) and (c) as subsections (a) and (b), respectively; 

11 (8) in section 206, by striking ‘‘(a)’’; 

12 (9) in section 207, by striking ‘‘(c)’’; 

13 (10) in section 308(a), by striking ‘‘this Act’’ 

14 and inserting ‘‘sections 2, 101, 102, 103, and 303 

15 of this Act’’; 

16 (11) by redesignating section 411 as section 

17 312; 

18 (12) in section 503— 

19 (A) in paragraph (5) of subsection (c)— 

20 (i) by moving the margins of such 

21 paragraph 2 ems to the left; and 

22 (ii) by moving the margins of sub23 paragraph (B) of such paragraph 2 ems to 

24 the left; and 


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1 (B) in paragraph (2) of subsection (d), by 

2 moving the margins of such paragraph 2 ems to 

3 the left; and 

4 (13) in subparagraph (B) of paragraph (3) of 

5 subsection (a) of section 504, by moving the margins 

6 of such subparagraph 2 ems to the right. 

7 SEC. 746. TECHNICAL AMENDMENTS RELATED TO THE DE8 PARTMENT OF ENERGY. 

9 (a) NATIONAL NUCLEAR SECURITY ADMINISTRATION

10 ACT.— 

11 (1) CLARIFICATION OF FUNCTIONS OF THE AD12 MINISTRATOR FOR NUCLEAR SECURITY.—Subsection 

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

14 Administration Act (50 U.S.C. 2402(b)) is amend15 ed— 

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

17 and 

18 (B) by redesignating paragraphs (13) 

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

20 respectively. 

21 (2) COUNTERINTELLIGENCE PROGRAMS.—Sec22 tion 3233(b) of the National Nuclear Security Ad23 ministration Act (50 U.S.C. 2423(b)) is amended— 

24 (A) by striking ‘‘Administration’’ and in25 serting ‘‘Department’’; and 


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

2 ‘‘the Office of’’. 

3 (b) ATOMIC ENERGY DEFENSE ACT.—Section 

4 4524(b)(2) of the Atomic Energy Defense Act (50 U.S.C. 

5 2674(b)(2)) is amended by inserting ‘‘Intelligence and’’ 

6 after ‘‘The Director of’’. 

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

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

9 (50 U.S.C. 3041(b)(2)) is amended— 

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

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

12 (2) by striking subparagraph (F); 

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

14 and (I) as subparagraphs (F), (G), and (H), respec15 tively; and 

16 (4) in subparagraph (H), as so redesignated, by 

17 realigning the margin of such subparagraph 2 ems 

18 to the left. 

19 SEC. 747. SENSE OF CONGRESS ON NOTIFICATION OF CER20 TAIN DISCLOSURES OF CLASSIFIED INFOR21 MATION. 

22 (a) DEFINITIONS.—In this section: 

23 (1) ADVERSARY FOREIGN GOVERNMENT.—The 

24 term ‘‘adversary foreign government’’ means the 

25 government of any of the following foreign countries: 


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1 (A) North Korea. 

2 (B) Iran. 

3 (C) China. 

4 (D) Russia. 

5 (E) Cuba. 

6 (2) COVERED CLASSIFIED INFORMATION.—The 

7 term ‘‘covered classified information’’ means classi8 fied information that was— 

9 (A) collected by an element of the intel10 ligence community; or 

11 (B) provided by the intelligence service or 

12 military of a foreign country to an element of 

13 the intelligence community. 

14 (3) ESTABLISHED INTELLIGENCE CHANNELS.— 

15 The term ‘‘established intelligence channels’’ means 

16 methods to exchange intelligence to coordinate for17 eign intelligence relationships, as established pursu18 ant to law by the Director of National Intelligence, 

19 the Director of the Central Intelligence Agency, the 

20 Director of the National Security Agency, or other 

21 head of an element of the intelligence community. 

22 (4) INDIVIDUAL IN THE EXECUTIVE BRANCH.— 

23 The term ‘‘individual in the executive branch’’ 

24 means any officer or employee of the executive 

25 branch, including individuals— 


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1 (A) occupying a position specified in article 

2 II of the Constitution; 

3 (B) appointed to a position by an indi4 vidual described in subparagraph (A); or 

5 (C) serving in the civil service or the Sen6 ior Executive Service (or similar service for sen7 ior executives of particular departments or 

8 agencies). 

9 (b) FINDINGS.—Congress finds that section 502 of 

10 the National Security Act of 1947 (50 U.S.C. 3092) re11 quires elements of the intelligence community to keep the 

12 congressional intelligence committees ‘‘fully and currently 

13 informed’’ about all ‘‘intelligence activities’’ of the United 

14 States, and to ‘‘furnish to the congressional intelligence 

15 committees any information or material concerning intel16 ligence activities * * * which is requested by either of the 

17 congressional intelligence committees in order to carry out 

18 its authorized responsibilities.’’. 

19 (c) SENSE OF CONGRESS.—It is the sense of Con20 gress that— 

21 (1) section 502 of the National Security Act of 

22 1947 (50 U.S.C. 3092), together with other intel23 ligence community authorities, obligates an element 

24 of the intelligence community to submit to the con25 gressional intelligence committees written notificaVerDate Sep 11 2014 22:17 May 22, 2019 Jkt 089200 PO 00000 Frm 00279 Fmt 6652 Sfmt 6201 E:\BILLS\S1589.RS S1589

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1 tion, by not later than 7 days after becoming aware, 

2 that an individual in the executive branch has dis3 closed covered classified information to an official of 

4 an adversary foreign government using methods 

5 other than established intelligence channels; and 

6 (2) each such notification should include— 

7 (A) the date and place of the disclosure of 

8 classified information covered by the notifica9 tion; 

10 (B) a description of such classified infor11 mation; 

12 (C) identification of the individual who 

13 made such disclosure and the individual to 

14 whom such disclosure was made; and 

15 (D) a summary of the circumstances of 

16 such disclosure. 

17 SEC. 748. SENSE OF CONGRESS ON CONSIDERATION OF ES18 PIONAGE ACTIVITIES WHEN CONSIDERING 

19 WHETHER OR NOT TO PROVIDE VISAS TO 

20 FOREIGN INDIVIDUALS TO BE ACCREDITED 

21 TO A UNITED NATIONS MISSION IN THE 

22 UNITED STATES. 

23 It is the sense of the Congress that the Secretary of 

24 State, in considering whether or not to provide a visa to 


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1 a foreign individual to be accredited to a United Nations 

2 mission in the United States, should consider— 

3 (1) known and suspected intelligence activities, 

4 espionage activities, including activities constituting 

5 precursors to espionage, carried out by the indi6 vidual against the United States, foreign allies of the 

7 United States, or foreign partners of the United 

8 States; and 

9 (2) the status of an individual as a known or 

10 suspected intelligence officer for a foreign adversary. 

11 SEC. 749. SENSE OF CONGRESS ON WIKILEAKS. 

12 It is the sense of Congress that WikiLeaks and the 

13 senior leadership of WikiLeaks resemble a nonstate hostile 

14 intelligence service often abetted by state actors and 

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


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Calendar No. 97 

116TH CONGRESS 

1ST SESSION S. 1589 

A BILL 

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 intelligenceMAY 22, 2019 

Read twice and placed on the calendar 


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