II 

116TH CONGRESS 

1ST SESSION S. 245 

To authorize appropriations for fiscal year 2019 for intelligence and intelligence-related activities of the United States Government, the Community Management Account, and the Central Intelligence Agency Retirement and Disability System. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 28, 2019 

Mr. BURR (for himself and Mr. WARNER) introduced the following bill; which 

was read twice and referred to the Select Committee on Intelligence 

A BILL 

To authorize appropriations for fiscal year 2019 for intelligence and intelligence-related activities of the United 

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

and Disability System. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Damon Paul Nelson and Matthew Young Pollard Intel6 ligence Authorization Act for Fiscal Years 2018 and 

7 2019’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Explanatory statement. 

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. 

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. 


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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. 

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. 


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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 

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. 


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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. 

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

Sec. 733. Inclusion of disciplinary actions in annual report relating to section 

702 of the Foreign Intelligence Surveillance Act of 1978. 

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. 2. 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 


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1 3 of the National Security Act of 1947 (50 U.S.C. 

2 3003). 

3 (2) INTELLIGENCE COMMUNITY.—The term 

4 ‘‘intelligence community’’ has the meaning given 

5 such term in such section. 

6 SEC. 3. EXPLANATORY STATEMENT. 

7 The explanatory statement regarding this Act, print8 ed in the Senate section of the Congressional Record, by 

9 the Chairman of the Select Committee on Intelligence of 

10 the Senate, shall have the same effect with respect to the 

11 implementation of this Act as if it were a joint explanatory 

12 statement of a committee of conference. 

13 TITLE I—INTELLIGENCE 

14 ACTIVITIES 

15 SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) FISCAL YEAR 2019.—Funds are hereby author17 ized to be appropriated for fiscal year 2019 for the con18 duct of the intelligence and intelligence-related activities 

19 of the following elements of the United States Govern20 ment: 

21 (1) The Office of the Director of National Intel22 ligence. 

23 (2) The Central Intelligence Agency. 

24 (3) The Department of Defense. 

25 (4) The Defense Intelligence Agency. 


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1 (5) The National Security Agency. 

2 (6) The Department of the Army, the Depart3 ment of the Navy, and the Department of the Air 

4 Force. 

5 (7) The Coast Guard. 

6 (8) The Department of State. 

7 (9) The Department of the Treasury. 

8 (10) The Department of Energy. 

9 (11) The Department of Justice. 

10 (12) The Federal Bureau of Investigation. 

11 (13) The Drug Enforcement Administration. 

12 (14) The National Reconnaissance Office. 

13 (15) The National Geospatial-Intelligence Agen14 cy. 

15 (16) The Department of Homeland Security. 

16 (b) FISCAL YEAR 2018.—Funds that were appro17 priated for fiscal year 2018 for the conduct of the intel18 ligence and intelligence-related activities of the elements 

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

20 authorized. 

21 SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS. 

22 (a) SPECIFICATIONS OF AMOUNTS.—The amounts 

23 authorized to be appropriated under section 101 for the 

24 conduct of the intelligence activities of the elements listed 

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


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1 specified in the classified Schedule of Authorizations pre2 pared to accompany this Act. 

3 (b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AU4 THORIZATIONS.— 

5 (1) AVAILABILITY.—The classified Schedule of 

6 Authorizations referred to in subsection (a) shall be 

7 made available to the Committee on Appropriations 

8 of the Senate, the Committee on Appropriations of 

9 the House of Representatives, and to the President. 

10 (2) DISTRIBUTION BY THE PRESIDENT.—Sub11 ject to paragraph (3), the President shall provide for 

12 suitable distribution of the classified Schedule of Au13 thorizations referred to in subsection (a), or of ap14 propriate portions of such Schedule, within the exec15 utive branch. 

16 (3) LIMITS ON DISCLOSURE.—The President 

17 shall not publicly disclose the classified Schedule of 

18 Authorizations or any portion of such Schedule ex19 cept— 

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

21 Implementing Recommendations of the 9/11 

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

23 (B) to the extent necessary to implement 

24 the budget; or 

25 (C) as otherwise required by law. 


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1 SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT AC2 COUNT. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated for the Intelligence Commu5 nity Management Account of the Director of National In6 telligence for fiscal year 2019 the sum of $522,424,000. 

7 (b) CLASSIFIED AUTHORIZATION OF APPROPRIA8 TIONS.—In addition to amounts authorized to be appro9 priated for the Intelligence Community Management Ac10 count by subsection (a), there are authorized to be appro11 priated for the Intelligence Community Management Ac12 count for fiscal year 2019 such additional amounts as are 

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

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

19 SEC. 201. AUTHORIZATION OF APPROPRIATIONS. 

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

22 $514,000,000 for fiscal year 2019. 

23 SEC. 202. COMPUTATION OF ANNUITIES FOR EMPLOYEES 

24 OF THE CENTRAL INTELLIGENCE AGENCY. 

25 (a) COMPUTATION OF ANNUITIES.— 


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

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

3 2031) is amended— 

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

5 period at the end and inserting ‘‘, as deter6 mined by using the annual rate of basic pay 

7 that would be payable for full-time service in 

8 that position.’’; 

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

10 ‘‘12-month’’ and inserting ‘‘2-year’’; 

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

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

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

14 year’’ each place such term appears and insert15 ing ‘‘two years’’; 

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

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

18 and (m), respectively; and 

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

20 following: 

21 ‘‘(h) CONDITIONAL ELECTION OF INSURABLE INTER22 EST SURVIVOR ANNUITY BY PARTICIPANTS MARRIED AT

23 THE TIME OF RETIREMENT.— 

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

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1 section (b) and section 222, at the time of retire2 ment a married participant found by the Director to 

3 be in good health may elect to receive an annuity re4 duced in accordance with subsection (f)(1)(B) and 

5 designate in writing an individual having an insur6 able interest in the participant to receive an annuity 

7 under the system after the participant’s death, ex8 cept that any such election to provide an insurable 

9 interest survivor annuity to the participant’s spouse 

10 shall only be effective if the participant’s spouse 

11 waives the spousal right to a survivor annuity under 

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

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

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

15 The annuity payable to the participant making such 

16 election shall be reduced by 10 percent of an annuity 

17 computed under subsection (a) and by an additional 

18 5 percent for each full 5 years the designated indi19 vidual is younger than the participant. The total re20 duction under this subparagraph may not exceed 40 

21 percent. 

22 ‘‘(3) COMMENCEMENT OF SURVIVOR ANNU23 ITY.—The annuity payable to the designated indi24 vidual shall begin on the day after the retired particVerDate Sep 11 2014 20:35 Feb 04, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S245.IS S245

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1 ipant dies and terminate on the last day of the 

2 month before the designated individual dies. 

3 ‘‘(4) RECOMPUTATION OF PARTICIPANT’S AN4 NUITY ON DEATH OF DESIGNATED INDIVIDUAL.—An 

5 annuity that is reduced under this subsection shall, 

6 effective the first day of the month following the 

7 death of the designated individual, be recomputed 

8 and paid as if the annuity had not been so re9 duced.’’. 

10 (2) CONFORMING AMENDMENTS.— 

11 (A) CENTRAL INTELLIGENCE AGENCY RE12 TIREMENT ACT.—The Central Intelligence 

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

14 seq.) is amended— 

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

16 2052(b)(1)), by striking ‘‘221(h),’’ and in17 serting ‘‘221(i),’’; and 

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

19 2082(h)(4)), by striking ‘‘221(k)’’ and in20 serting ‘‘221(l)’’. 

21 (B) CENTRAL INTELLIGENCE AGENCY ACT

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

23 Central Intelligence Agency Act of 1949 (50 

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


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1 ‘‘221(h)(2), 221(i), 221(l),’’ and inserting 

2 ‘‘221(i)(2), 221(j), 221(m),’’. 

3 (b) ANNUITIES FOR FORMER SPOUSES.—Subpara4 graph (B) of section 222(b)(5) of the Central Intelligence 

5 Agency Retirement Act (50 U.S.C. 2032(b)(5)(B)) is 

6 amended by striking ‘‘one year’’ and inserting ‘‘two 

7 years’’. 

8 (c) PRIOR SERVICE CREDIT.—Subparagraph (A) of 

9 section 252(b)(3) of the Central Intelligence Agency Re10 tirement Act (50 U.S.C. 2082(b)(3)(A)) is amended by 

11 striking ‘‘October 1, 1990’’ both places that term appears 

12 and inserting ‘‘March 31, 1991’’. 

13 (d) REEMPLOYMENT COMPENSATION.—Section 273 

14 of the Central Intelligence Agency Retirement Act (50 

15 U.S.C. 2113) is amended— 

16 (1) by redesignating subsections (b) and (c) as 

17 subsections (c) and (d), respectively; and 

18 (2) by inserting after subsection (a) the fol19 lowing: 

20 ‘‘(b) PART-TIME REEMPLOYED ANNUITANTS.—The 

21 Director shall have the authority to reemploy an annuitant 

22 on a part-time basis in accordance with section 8344(l) 

23 of title 5, United States Code.’’. 

24 (e) EFFECTIVE DATE AND APPLICATION.—The 

25 amendments made by subsection (a)(1)(A) and subsection 


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1 (c) shall take effect as if enacted on October 28, 2009, 

2 and shall apply to computations or participants, respec3 tively, as of such date. 

4 TITLE III—GENERAL INTEL5 LIGENCE COMMUNITY MAT6 TERS 

7 SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE 

8 ACTIVITIES. 

9 The authorization of appropriations by this Act shall 

10 not be deemed to constitute authority for the conduct of 

11 any intelligence activity which is not otherwise authorized 

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

13 SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND 

14 BENEFITS AUTHORIZED BY LAW. 

15 Appropriations authorized by this Act for salary, pay, 

16 retirement, and other benefits for Federal employees may 

17 be increased by such additional or supplemental amounts 

18 as may be necessary for increases in such compensation 

19 or benefits authorized by law. 


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1 SEC. 303. MODIFICATION OF SPECIAL PAY AUTHORITY FOR 

2 SCIENCE, TECHNOLOGY, ENGINEERING, OR 

3 MATHEMATICS POSITIONS AND ADDITION OF 

4 SPECIAL PAY AUTHORITY FOR CYBER POSI5 TIONS. 

6 Section 113B of the National Security Act of 1947 

7 (50 U.S.C. 3049a) is amended— 

8 (1) by amending subsection (a) to read as fol9 lows: 

10 ‘‘(a) SPECIAL RATES OF PAY FOR POSITIONS RE11 QUIRING EXPERTISE IN SCIENCE, TECHNOLOGY, ENGI12 NEERING, OR MATHEMATICS.— 

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

14 of title 5, United States Code, the head of each ele15 ment of the intelligence community may, for 1 or 

16 more categories of positions in such element that re17 quire expertise in science, technology, engineering, 

18 or mathematics— 

19 ‘‘(A) establish higher minimum rates of 

20 pay; and 

21 ‘‘(B) make corresponding increases in all 

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

23 level, subject to subsection (b) or (c), as appli24 cable. 

25 ‘‘(2) TREATMENT.—The special rate supple26 ments resulting from the establishment of higher 


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

2 same or similar purposes as those specified in sec3 tion 5305(j) of title 5, United States Code.’’; 

4 (2) by redesignating subsections (b) through (f) 

5 as subsections (c) through (g), respectively; 

6 (3) by inserting after subsection (a) the fol7 lowing: 

8 ‘‘(b) SPECIAL RATES OF PAY FOR CYBER POSI9 TIONS.— 

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

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

12 may establish a special rate of pay— 

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

14 payable for level II of the Executive Schedule 

15 under section 5313 of title 5, United States 

16 Code, if the Director certifies to the Under Sec17 retary of Defense for Intelligence, in consulta18 tion with the Under Secretary of Defense for 

19 Personnel and Readiness, that the rate of pay 

20 is for positions that perform functions that exe21 cute the cyber mission of the Agency; or 

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

23 payable for the Vice President of the United 

24 States under section 104 of title 3, United 

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1 retary of Defense, by name, individuals that 

2 have advanced skills and competencies and that 

3 perform critical functions that execute the cyber 

4 mission of the Agency. 

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

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

7 an aggregate pay limitation that parallels the limita8 tion established in section 5307 of title 5, United 

9 States Code, except that— 

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

11 award, or other similar cash payment in addi12 tion to basic pay that is authorized under title 

13 10, United States Code, (or any other applica14 ble law in addition to title 5 of such Code, ex15 cluding the Fair Labor Standards Act of 1938 

16 (29 U.S.C. 201 et seq.)) shall also be counted 

17 as part of aggregate compensation; and 

18 ‘‘(B) aggregate compensation may not ex19 ceed the rate established for the Vice President 

20 of the United States under section 104 of title 

21 3, United States Code. 

22 ‘‘(3) LIMITATION ON NUMBER OF RECIPI23 ENTS.—The number of individuals who receive basic 

24 pay established under paragraph (1)(B) may not ex25 ceed 100 at any time. 


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1 ‘‘(4) LIMITATION ON USE AS COMPARATIVE

2 REFERENCE.—Notwithstanding any other provision 

3 of law, special rates of pay and the limitation estab4 lished under paragraph (1)(B) may not be used as 

5 comparative references for the purpose of fixing the 

6 rates of basic pay or maximum pay limitations of 

7 qualified positions under section 1599f of title 10, 

8 United States Code, or section 226 of the Homeland 

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

10 (4) in subsection (c), as redesignated by para11 graph (2), by striking ‘‘A minimum’’ and inserting 

12 ‘‘Except as provided in subsection (b), a minimum’’; 

13 (5) in subsection (d), as redesignated by para14 graph (2), by inserting ‘‘or (b)’’ after ‘‘by subsection 

15 (a)’’; and 

16 (6) in subsection (g), as redesignated by para17 graph (2)— 

18 (A) in paragraph (1), by striking ‘‘Not 

19 later than 90 days after the date of the enact20 ment of the Intelligence Authorization Act for 

21 Fiscal Year 2017’’ and inserting ‘‘Not later 

22 than 90 days after the date of the enactment of 

23 the Damon Paul Nelson and Matthew Young 

24 Pollard Intelligence Authorization Act for Fis25 cal Years 2018 and 2019’’; and 


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1 (B) in paragraph (2)(A), by inserting ‘‘or 

2 (b)’’ after ‘‘subsection (a)’’. 

3 SEC. 304. MODIFICATION OF APPOINTMENT OF CHIEF IN4 FORMATION OFFICER OF THE INTELLIGENCE 

5 COMMUNITY. 

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

7 (50 U.S.C. 3032(a)) is amended by striking ‘‘President’’ 

8 and inserting ‘‘Director’’. 

9 SEC. 305. DIRECTOR OF NATIONAL INTELLIGENCE REVIEW 

10 OF PLACEMENT OF POSITIONS WITHIN THE 

11 INTELLIGENCE COMMUNITY ON THE EXECU12 TIVE SCHEDULE. 

13 (a) REVIEW.—The Director of National Intelligence, 

14 in coordination with the Director of the Office of Per15 sonnel Management, shall conduct a review of positions 

16 within the intelligence community regarding the placement 

17 of such positions on the Executive Schedule under sub18 chapter II of chapter 53 of title 5, United States Code. 

19 In carrying out such review, the Director of National In20 telligence, in coordination with the Director of the Office 

21 of Personnel Management, shall determine— 

22 (1) the standards under which such review will 

23 be conducted; 

24 (2) which positions should or should not be on 

25 the Executive Schedule; and 


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1 (3) for those positions that should be on the 

2 Executive Schedule, the level of the Executive 

3 Schedule at which such positions should be placed. 

4 (b) REPORT.—Not later than 60 days after the date 

5 on which the review under subsection (a) is completed, the 

6 Director of National Intelligence shall submit to the con7 gressional intelligence committees, the Committee on 

8 Homeland Security and Governmental Affairs of the Sen9 ate, and the Committee on Oversight and Reform of the 

10 House of Representatives an unredacted report describing 

11 the standards by which the review was conducted and the 

12 outcome of the review. 

13 SEC. 306. SUPPLY CHAIN AND COUNTERINTELLIGENCE 

14 RISK MANAGEMENT TASK FORCE. 

15 (a) APPROPRIATE CONGRESSIONAL COMMITTEES

16 DEFINED.—In this section, the term ‘‘appropriate con17 gressional committees’’ means the following: 

18 (1) The congressional intelligence committees. 

19 (2) The Committee on Armed Services and the 

20 Committee on Homeland Security and Governmental 

21 Affairs of the Senate. 

22 (3) The Committee on Armed Services, the 

23 Committee on Homeland Security, and the Com24 mittee on Oversight and Reform of the House of 

25 Representatives. 


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1 (b) REQUIREMENT TO ESTABLISH.—The Director of 

2 National Intelligence shall establish a Supply Chain and 

3 Counterintelligence Risk Management Task Force to 

4 standardize information sharing between the intelligence 

5 community and the acquisition community of the United 

6 States Government with respect to the supply chain and 

7 counterintelligence risks. 

8 (c) MEMBERS.—The Supply Chain and Counterintel9 ligence Risk Management Task Force established under 

10 subsection (b) shall be composed of— 

11 (1) a representative of the Defense Security 

12 Service of the Department of Defense; 

13 (2) a representative of the General Services Ad14 ministration; 

15 (3) a representative of the Office of Federal 

16 Procurement Policy of the Office of Management 

17 and Budget; 

18 (4) a representative of the Department of 

19 Homeland Security; 

20 (5) a representative of the Federal Bureau of 

21 Investigation; 

22 (6) the Director of the National Counterintel23 ligence and Security Center; and 

24 (7) any other members the Director of National 

25 Intelligence determines appropriate. 


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1 (d) SECURITY CLEARANCES.—Each member of the 

2 Supply Chain and Counterintelligence Risk Management 

3 Task Force established under subsection (b) shall have a 

4 security clearance at the top secret level and be able to 

5 access sensitive compartmented information. 

6 (e) ANNUAL REPORT.—The Supply Chain and Coun7 terintelligence Risk Management Task Force established 

8 under subsection (b) shall submit to the appropriate con9 gressional committees an annual report that describes the 

10 activities of the Task Force during the previous year, in11 cluding identification of the supply chain and counterintel12 ligence risks shared with the acquisition community of the 

13 United States Government by the intelligence community. 

14 SEC. 307. CONSIDERATION OF ADVERSARIAL TELE15 COMMUNICATIONS AND CYBERSECURITY IN16 FRASTRUCTURE WHEN SHARING INTEL17 LIGENCE WITH FOREIGN GOVERNMENTS AND 

18 ENTITIES. 

19 Whenever the head of an element of the intelligence 

20 community enters into an intelligence sharing agreement 

21 with a foreign government or any other foreign entity, the 

22 head of the element shall consider the pervasiveness of 

23 telecommunications and cybersecurity infrastructure, 

24 equipment, and services provided by adversaries of the 

25 United States, particularly China and Russia, or entities 


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1 of such adversaries in the country or region of the foreign 

2 government or other foreign entity entering into the agree3 ment. 

4 SEC. 308. CYBER PROTECTION SUPPORT FOR THE PER5 SONNEL OF THE INTELLIGENCE COMMUNITY 

6 IN POSITIONS HIGHLY VULNERABLE TO 

7 CYBER ATTACK. 

8 (a) DEFINITIONS.—In this section: 

9 (1) PERSONAL ACCOUNTS.—The term ‘‘personal 

10 accounts’’ means accounts for online and tele11 communications services, including telephone, resi12 dential internet access, email, text and multimedia 

13 messaging, cloud computing, social media, health 

14 care, and financial services, used by personnel of the 

15 intelligence community outside of the scope of their 

16 employment with elements of the intelligence com17 munity. 

18 (2) PERSONAL TECHNOLOGY DEVICES.—The 

19 term ‘‘personal technology devices’’ means tech20 nology devices used by personnel of the intelligence 

21 community outside of the scope of their employment 

22 with elements of the intelligence community, includ23 ing networks to which such devices connect. 

24 (b) AUTHORITY TO PROVIDE CYBER PROTECTION

25 SUPPORT.— 


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1 (1) IN GENERAL.—Subject to a determination 

2 by the Director of National Intelligence, the Director 

3 may provide cyber protection support for the per4 sonal technology devices and personal accounts of 

5 the personnel described in paragraph (2). 

6 (2) AT-RISK PERSONNEL.—The personnel de7 scribed in this paragraph are personnel of the intel8 ligence community— 

9 (A) who the Director determines to be 

10 highly vulnerable to cyber attacks and hostile 

11 information collection activities because of the 

12 positions occupied by such personnel in the in13 telligence community; and 

14 (B) whose personal technology devices or 

15 personal accounts are highly vulnerable to cyber 

16 attacks and hostile information collection activi17 ties. 

18 (c) NATURE OF CYBER PROTECTION SUPPORT.— 

19 Subject to the availability of resources, the cyber protec20 tion support provided to personnel under subsection (b) 

21 may include training, advice, assistance, and other services 

22 relating to cyber attacks and hostile information collection 

23 activities. 

24 (d) LIMITATION ON SUPPORT.—Nothing in this sec25 tion shall be construed— 


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1 (1) to encourage personnel of the intelligence 

2 community to use personal technology devices for of3 ficial business; or 

4 (2) to authorize cyber protection support for 

5 senior intelligence community personnel using per6 sonal devices, networks, and personal accounts in an 

7 official capacity. 

8 (e) REPORT.—Not later than 180 days after the date 

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

10 to the congressional intelligence committees a report on 

11 the provision of cyber protection support under subsection 

12 (b). The report shall include— 

13 (1) a description of the methodology used to 

14 make the determination under subsection (b)(2); and 

15 (2) guidance for the use of cyber protection 

16 support and tracking of support requests for per17 sonnel receiving cyber protection support under sub18 section (b). 

19 SEC. 309. MODIFICATION OF AUTHORITY RELATING TO 

20 MANAGEMENT OF SUPPLY-CHAIN RISK. 

21 (a) MODIFICATION OF EFFECTIVE DATE.—Sub22 section (f) of section 309 of the Intelligence Authorization 

23 Act for Fiscal Year 2012 (Public Law 112–87; 50 U.S.C. 

24 3329 note) is amended by striking ‘‘the date that is 180 

25 days after’’. 


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1 (b) REPEAL OF SUNSET.—Such section is amended 

2 by striking subsection (g). 

3 (c) REPORTS.—Such section, as amended by sub4 section (b), is further amended— 

5 (1) by redesignating subsection (f), as amended 

6 by subsection (a), as subsection (g); and 

7 (2) by inserting after subsection (e) the fol8 lowing: 

9 ‘‘(f) ANNUAL REPORTS.— 

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graph (2), not later than 180 days after the date of 

12 the enactment of the Damon Paul Nelson and Mat13 thew Young Pollard Intelligence Authorization Act 

14 for Fiscal Years 2018 and 2019 and not less fre15 quently than once each calendar year thereafter, the 

16 Director of National Intelligence shall, in consulta17 tion with each head of a covered agency, submit to 

18 the congressional intelligence committees (as defined 

19 in section 3 of the National Security Act of 1947 

20 (50 U.S.C. 3003)), a report that details the deter21 minations and notifications made under subsection 

22 (c) during the most recently completed calendar 

23 year. 

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1 minations and notifications made under subsection 

2 (c) before the date of the submittal of the report.’’. 

3 SEC. 310. LIMITATIONS ON DETERMINATIONS REGARDING 

4 CERTAIN SECURITY CLASSIFICATIONS. 

5 (a) PROHIBITION.—An officer of an element of the 

6 intelligence community who has been nominated by the 

7 President for a position that requires the advice and con8 sent of the Senate may not make a classification decision 

9 with respect to information related to such officer’s nomi10 nation. 

11 (b) CLASSIFICATION DETERMINATIONS.— 

12 (1) IN GENERAL.—Except as provided in para13 graph (2), in a case in which an officer described in 

14 subsection (a) has been nominated as described in 

15 such subsection and classification authority rests 

16 with the officer or another officer who reports di17 rectly to such officer, a classification decision with 

18 respect to information relating to the officer shall be 

19 made by the Director of National Intelligence. 

20 (2) NOMINATIONS OF DIRECTOR OF NATIONAL

21 INTELLIGENCE.—In a case described in paragraph 

22 (1) in which the officer nominated is the Director of 

23 National Intelligence, the classification decision shall 

24 be made by the Principal Deputy Director of Na25 tional Intelligence. 


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1 (c) REPORTS.—Whenever the Director or the Prin2 cipal Deputy Director makes a decision under subsection 

3 (b), the Director or the Principal Deputy Director, as the 

4 case may be, shall submit to the congressional intelligence 

5 committees a report detailing the reasons for the decision. 

6 SEC. 311. JOINT INTELLIGENCE COMMUNITY COUNCIL. 

7 (a) MEETINGS.—Section 101A(d) of the National Se8 curity Act of 1947 (50 U.S.C. 3022(d)) is amended— 

9 (1) by striking ‘‘regular’’; and 

10 (2) by inserting ‘‘as the Director considers ap11 propriate’’ after ‘‘Council’’. 

12 (b) REPORT ON FUNCTION AND UTILITY OF THE

13 JOINT INTELLIGENCE COMMUNITY COUNCIL.— 

14 (1) IN GENERAL.—No later than 180 days after 

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

16 of National Intelligence, in coordination with the Ex17 ecutive Office of the President and members of the 

18 Joint Intelligence Community Council, shall submit 

19 to the congressional intelligence committees a report 

20 on the function and utility of the Joint Intelligence 

21 Community Council. 

22 (2) CONTENTS.—The report required by para23 graph (1) shall include the following: 


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1 (A) The number of physical or virtual 

2 meetings held by the Council per year since the 

3 Council’s inception. 

4 (B) A description of the effect and accom5 plishments of the Council. 

6 (C) An explanation of the unique role of 

7 the Council relative to other entities, including 

8 with respect to the National Security Council 

9 and the Executive Committee of the intelligence 

10 community. 

11 (D) Recommendations for the future role 

12 and operation of the Council. 

13 (E) Such other matters relating to the 

14 function and utility of the Council as the Direc15 tor considers appropriate. 

16 (3) FORM.—The report submitted under para17 graph (1) shall be submitted in unclassified form, 

18 but may include a classified annex. 

19 SEC. 312. INTELLIGENCE COMMUNITY INFORMATION TECH20 NOLOGY ENVIRONMENT. 

21 (a) DEFINITIONS.—In this section: 

22 (1) CORE SERVICE.—The term ‘‘core service’’ 

23 means a capability that is available to multiple ele24 ments of the intelligence community and required 


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1 for consistent operation of the intelligence commu2 nity information technology environment. 

3 (2) INTELLIGENCE COMMUNITY INFORMATION

4 TECHNOLOGY ENVIRONMENT.—The term ‘‘intel5 ligence community information technology environ6 ment’’ means all of the information technology serv7 ices across the intelligence community, including the 

8 data sharing and protection environment across mul9 tiple classification domains. 

10 (b) ROLES AND RESPONSIBILITIES.— 

11 (1) DIRECTOR OF NATIONAL INTELLIGENCE.— 

12 The Director of National Intelligence shall be re13 sponsible for coordinating the performance by ele14 ments of the intelligence community of the intel15 ligence community information technology environ16 ment, including each of the following: 

17 (A) Ensuring compliance with all applica18 ble environment rules and regulations of such 

19 environment. 

20 (B) Ensuring measurable performance 

21 goals exist for such environment. 

22 (C) Documenting standards and practices 

23 of such environment. 

24 (D) Acting as an arbiter among elements 

25 of the intelligence community related to any 


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1 disagreements arising out of the implementa2 tion of such environment. 

3 (E) Delegating responsibilities to the ele4 ments of the intelligence community and car5 rying out such other responsibilities as are nec6 essary for the effective implementation of such 

7 environment. 

8 (2) CORE SERVICE PROVIDERS.—Providers of 

9 core services shall be responsible for— 

10 (A) providing core services, in coordination 

11 with the Director of National Intelligence; and 

12 (B) providing the Director with informa13 tion requested and required to fulfill the re14 sponsibilities of the Director under paragraph 

15 (1). 

16 (3) USE OF CORE SERVICES.— 

17 (A) IN GENERAL.—Except as provided in 

18 subparagraph (B), each element of the intel19 ligence community shall use core services when 

20 such services are available. 

21 (B) EXCEPTION.—The Director of Na22 tional Intelligence may provide for a written ex23 ception to the requirement under subparagraph 

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1 pelling financial or mission need for such excep2 tion. 

3 (c) MANAGEMENT ACCOUNTABILITY.—Not later than 

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

5 Director of National Intelligence shall designate and main6 tain one or more accountable executives of the intelligence 

7 community information technology environment to be re8 sponsible for— 

9 (1) management, financial control, and integra10 tion of such environment; 

11 (2) overseeing the performance of each core 

12 service, including establishing measurable service re13 quirements and schedules; 

14 (3) to the degree feasible, ensuring testing of 

15 each core service of such environment, including 

16 testing by the intended users, to evaluate perform17 ance against measurable service requirements and to 

18 ensure the capability meets user requirements; and 

19 (4) coordinate transition or restructuring ef20 forts of such environment, including phaseout of leg21 acy systems. 

22 (d) SECURITY PLAN.—Not later than 180 days after 

23 the date of the enactment of this Act, the Director of Na24 tional Intelligence shall develop and maintain a security 


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1 plan for the intelligence community information tech2 nology environment. 

3 (e) LONG-TERM ROADMAP.—Not later than 180 days 

4 after the date of the enactment of this Act, and during 

5 each of the second and fourth fiscal quarters thereafter, 

6 the Director of National Intelligence shall submit to the 

7 congressional intelligence committees a long-term road8 map that shall include each of the following: 

9 (1) A description of the minimum required and 

10 desired core service requirements, including— 

11 (A) key performance parameters; and 

12 (B) an assessment of current, measured 

13 performance. 

14 (2) Implementation milestones for the intel15 ligence community information technology environ16 ment, including each of the following: 

17 (A) A schedule for expected deliveries of 

18 core service capabilities during each of the fol19 lowing phases: 

20 (i) Concept refinement and technology 

21 maturity demonstration. 

22 (ii) Development, integration, and 

23 demonstration. 

24 (iii) Production, deployment, and 

25 sustainment. 


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1 (iv) System retirement. 

2 (B) Dependencies of such core service ca3 pabilities. 

4 (C) Plans for the transition or restruc5 turing necessary to incorporate core service ca6 pabilities. 

7 (D) A description of any legacy systems 

8 and discontinued capabilities to be phased out. 

9 (3) Such other matters as the Director deter10 mines appropriate. 

11 (f) BUSINESS PLAN.—Not later than 180 days after 

12 the date of the enactment of this Act, and during each 

13 of the second and fourth fiscal quarters thereafter, the Di14 rector of National Intelligence shall submit to the congres15 sional intelligence committees a business plan that in16 cludes each of the following: 

17 (1) A systematic approach to identify core serv18 ice funding requests for the intelligence community 

19 information technology environment within the pro20 posed budget, including multiyear plans to imple21 ment the long-term roadmap required by subsection 

22 (e). 

23 (2) A uniform approach by which each element 

24 of the intelligence community shall identify the cost 

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1 bilities where services of the intelligence community 

2 information technology environment will also be 

3 available. 

4 (3) A uniform effort by which each element of 

5 the intelligence community shall identify transition 

6 and restructuring costs for new, existing, and retir7 ing services of the intelligence community informa8 tion technology environment, as well as services of 

9 such environment that have changed designations as 

10 a core service. 

11 (g) QUARTERLY PRESENTATIONS.—Beginning not 

12 later than 180 days after the date of the enactment of 

13 this Act, the Director of National Intelligence shall provide 

14 to the congressional intelligence committees quarterly up15 dates regarding ongoing implementation of the intelligence 

16 community information technology environment as com17 pared to the requirements in the most recently submitted 

18 security plan required by subsection (d), long-term road19 map required by subsection (e), and business plan re20 quired by subsection (f). 

21 (h) ADDITIONAL NOTIFICATIONS.—The Director of 

22 National Intelligence shall provide timely notification to 

23 the congressional intelligence committees regarding any 

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1 tives or strategies related to or impacting such environ2 ment, and changes or deficiencies in the execution of the 

3 security plan required by subsection (d), long-term road4 map required by subsection (e), and business plan re5 quired by subsection (f). 

6 (i) SUNSET.—The section shall have no effect on or 

7 after September 30, 2024. 

8 SEC. 313. REPORT ON DEVELOPMENT OF SECURE MOBILE 

9 VOICE SOLUTION FOR INTELLIGENCE COM10 MUNITY. 

11 (a) IN GENERAL.—Not later than 180 days after the 

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

13 Intelligence, in coordination with the Director of the Cen14 tral Intelligence Agency and the Director of the National 

15 Security Agency, shall submit to the congressional intel16 ligence committees a classified report on the feasibility, 

17 desirability, cost, and required schedule associated with 

18 the implementation of a secure mobile voice solution for 

19 the intelligence community. 

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

21 (a) shall include, at a minimum, the following: 

22 (1) The benefits and disadvantages of a secure 

23 mobile voice solution. 

24 (2) Whether the intelligence community could 

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1 fied voice communications that operates on commer2 cial mobile networks in a secure manner and identi3 fying the accompanying security risks to such net4 works. 

5 (3) A description of any policies or community 

6 guidance that would be necessary to govern the po7 tential solution, such as a process for determining 

8 the appropriate use of a secure mobile telephone and 

9 any limitations associated with such use. 

10 SEC. 314. POLICY ON MINIMUM INSIDER THREAT STAND11 ARDS. 

12 (a) POLICY REQUIRED.—Not later than 60 days after 

13 the date of the enactment of this Act, the Director of Na14 tional Intelligence shall establish a policy for minimum in15 sider threat standards that is consistent with the National 

16 Insider Threat Policy and Minimum Standards for Execu17 tive Branch Insider Threat Programs. 

18 (b) IMPLEMENTATION.—Not later than 180 days 

19 after the date of the enactment of this Act, the head of 

20 each element of the intelligence community shall imple21 ment the policy established under subsection (a). 

22 SEC. 315. SUBMISSION OF INTELLIGENCE COMMUNITY 

23 POLICIES. 

24 (a) DEFINITIONS.—In this section: 


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1 (1) ELECTRONIC REPOSITORY.—The term 

2 ‘‘electronic repository’’ means the electronic distribu3 tion mechanism, in use as of the date of the enact4 ment of this Act, or any successor electronic dis5 tribution mechanism, by which the Director of Na6 tional Intelligence submits to the congressional intel7 ligence committees information. 

8 (2) POLICY.—The term ‘‘policy’’, with respect 

9 to the intelligence community, includes unclassified 

10 or classified— 

11 (A) directives, policy guidance, and policy 

12 memoranda of the intelligence community; 

13 (B) executive correspondence of the Direc14 tor of National Intelligence; and 

15 (C) any equivalent successor policy instru16 ments. 

17 (b) SUBMISSION OF POLICIES.— 

18 (1) CURRENT POLICY.—Not later than 180 

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

20 Director of National Intelligence shall submit to the 

21 congressional intelligence committees using the elec22 tronic repository all nonpublicly available policies 

23 issued by the Director of National Intelligence for 

24 the intelligence community that are in effect as of 

25 the date of the submission. 


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1 (2) CONTINUOUS UPDATES.—Not later than 15 

2 days after the date on which the Director of Na3 tional Intelligence issues, modifies, or rescinds a pol4 icy of the intelligence community, the Director 

5 shall— 

6 (A) notify the congressional intelligence 

7 committees of such addition, modification, or 

8 removal; and 

9 (B) update the electronic repository with 

10 respect to such addition, modification, or re11 moval. 

12 SEC. 316. EXPANSION OF INTELLIGENCE COMMUNITY RE13 CRUITMENT EFFORTS. 

14 In order to further increase the diversity of the intel15 ligence community workforce, not later than 90 days after 

16 the date of the enactment of this Act, the Director of Na17 tional Intelligence, in consultation with heads of elements 

18 of the Intelligence Community, shall create, implement, 

19 and submit to the congressional intelligence committees a 

20 written plan to ensure that rural and underrepresented re21 gions are more fully and consistently represented in such 

22 elements’ employment recruitment efforts. Upon receipt of 

23 the plan, the congressional committees shall have 60 days 

24 to submit comments to the Director of National Intel25 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 and 2019, each individual designated as the program man14 ager shall be appointed by the Director of National Intel15 ligence.’’. 

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 Credential25 ing Executive Agent’’ means the Director of the OfVerDate Sep 11 2014 20:35 Feb 04, 2019 Jkt 089200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\S245.IS S245

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1 fice of Personnel Management acting as the Suit2 ability and Credentialing Executive Agent in accord3 ance with Executive Order 13467 (50 U.S.C. 3161 

4 note; relating to reforming processes related to suit5 ability for government employment, fitness for con6 tractor employees, and eligibility for access to classi7 fied national security information), or any successor 

8 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 priori19 tize 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 reprogram7 mings that were executed in the previous year to 

8 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 Credential10 ing Executive Agent shall establish and implement a 

11 program to share between and among agencies of 

12 the Federal Government and industry partners of 

13 the Federal Government relevant background infor14 mation regarding individuals applying for and cur15 rently occupying national security positions and posi16 tions of trust, in order to ensure the Federal Gov17 ernment 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 Credential10 ing Executive Agent shall jointly submit to the ap11 propriate congressional committees and make avail12 able to appropriate industry partners a plan for the 

13 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, credential18 ing, and human resources or military recruit19 ment 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 Cre6 dentialing 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, credential19 ing, and human resources or military recruit20 ment 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 Governmentwide 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 20:35 Feb 04, 2019 Jkt 089200 PO 00000 Frm 00124 Fmt 6652 Sfmt 6201 E:\BILLS\S245.IS S245

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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 20:35 Feb 04, 2019 Jkt 089200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\S245.IS S245

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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 Vulnera21 bilities Equities Policy and Process docu22 ment or any successor document, a vulner23 ability must be submitted for review under 

24 the Vulnerabilities Equities Process; 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 20:35 Feb 04, 2019 Jkt 089200 PO 00000 Frm 00145 Fmt 6652 Sfmt 6201 E:\BILLS\S245.IS S245

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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); 

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. 

8 (3) The global financial institutions, money 

9 services 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 SEC. 733. INCLUSION OF DISCIPLINARY ACTIONS IN AN2 NUAL REPORT RELATING TO SECTION 702 OF 

3 THE FOREIGN INTELLIGENCE SURVEIL4 LANCE ACT OF 1978. 

5 Section 707(b)(1)(G)(ii) of the Foreign Intelligence 

6 Surveillance Act of 1978 (50 U.S.C. 1881f(b)(1)(G)(ii)) 

7 is amended by inserting before the semicolon the following: 

8 ‘‘, including whether disciplinary actions were taken as a 

9 result of such an incident of noncompliance and the extent 

10 of such disciplinary actions’’. 

11 Subtitle C—Other Matters 

12 SEC. 741. PUBLIC INTEREST DECLASSIFICATION BOARD. 

13 Section 710(b) of the Public Interest Declassification 

14 Act of 2000 (Public Law 106–567; 50 U.S.C. 3161 note) 

15 is amended by striking ‘‘December 31, 2018’’ and insert16 ing ‘‘December 31, 2028’’. 

17 SEC. 742. SECURING ENERGY INFRASTRUCTURE. 

18 (a) DEFINITIONS.—In this section: 

19 (1) APPROPRIATE CONGRESSIONAL COMMIT20 TEES.—The term ‘‘appropriate congressional com21 mittees’’ means— 

22 (A) the congressional intelligence commit23 tees; 

24 (B) the Committee on Homeland Security 

25 and Governmental Affairs and the Committee 


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1 on Energy and Natural Resources of the Sen2 ate; and 

3 (C) the Committee on Homeland Security 

4 and the Committee on Energy and Commerce 

5 of the House of Representatives. 

6 (2) COVERED ENTITY.—The term ‘‘covered en7 tity’’ means an entity identified pursuant to section 

8 9(a) of Executive Order 13636 of February 12, 

9 2013 (78 Fed. Reg. 11742), relating to identifica10 tion of critical infrastructure where a cybersecurity 

11 incident could reasonably result in catastrophic re12 gional or national effects on public health or safety, 

13 economic security, or national security. 

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

15 software tool designed to take advantage of a secu16 rity vulnerability. 

17 (4) INDUSTRIAL CONTROL SYSTEM.—The term 

18 ‘‘industrial control system’’ means an operational 

19 technology used to measure, control, or manage in20 dustrial functions, and includes supervisory control 

21 and data acquisition systems, distributed control 

22 systems, and programmable logic or embedded con23 trollers. 

24 (5) NATIONAL LABORATORY.—The term ‘‘Na25 tional Laboratory’’ has the meaning given the term 


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

2 U.S.C. 15801). 

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

4 the pilot program established under subsection (b). 

5 (7) SECRETARY.—Except as otherwise specifi6 cally provided, the term ‘‘Secretary’’ means the Sec7 retary of Energy. 

8 (8) SECURITY VULNERABILITY.—The term ‘‘se9 curity vulnerability’’ means any attribute of hard10 ware, software, process, or procedure that could en11 able or facilitate the defeat of a security control. 

12 (b) PILOT PROGRAM FOR SECURING ENERGY INFRA13 STRUCTURE.—Not later than 180 days after the date of 

14 the enactment of this Act, the Secretary shall establish 

15 a 2-year control systems implementation pilot program 

16 within the National Laboratories for the purposes of— 

17 (1) partnering with covered entities in the en18 ergy sector (including critical component manufac19 turers in the supply chain) that voluntarily partici20 pate in the Program to identify new classes of secu21 rity vulnerabilities of the covered entities; and 

22 (2) evaluating technology and standards, in 

23 partnership with covered entities, to isolate and de24 fend industrial control systems of covered entities 


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1 from security vulnerabilities and exploits in the most 

2 critical systems of the covered entities, including— 

3 (A) analog and nondigital control systems; 

4 (B) purpose-built control systems; and 

5 (C) physical controls. 

6 (c) WORKING GROUP TO EVALUATE PROGRAM

7 STANDARDS AND DEVELOP STRATEGY.— 

8 (1) ESTABLISHMENT.—The Secretary shall es9 tablish a working group— 

10 (A) to evaluate the technology and stand11 ards used in the Program under subsection 

12 (b)(2); and 

13 (B) to develop a national cyber-informed 

14 engineering strategy to isolate and defend cov15 ered entities from security vulnerabilities and 

16 exploits in the most critical systems of the cov17 ered entities. 

18 (2) MEMBERSHIP.—The working group estab19 lished under paragraph (1) shall be composed of not 

20 fewer than 10 members, to be appointed by the Sec21 retary, at least 1 member of which shall represent 

22 each of the following: 

23 (A) The Department of Energy. 


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1 (B) The energy industry, including electric 

2 utilities and manufacturers recommended by 

3 the Energy Sector coordinating councils. 

4 (C)(i) The Department of Homeland Secu5 rity; or 

6 (ii) the Industrial Control Systems Cyber 

7 Emergency Response Team. 

8 (D) The North American Electric Reli9 ability Corporation. 

10 (E) The Nuclear Regulatory Commission. 

11 (F)(i) The Office of the Director of Na12 tional Intelligence; or 

13 (ii) the intelligence community (as defined 

14 in section 3 of the National Security Act of 

15 1947 (50 U.S.C. 3003)). 

16 (G)(i) The Department of Defense; or 

17 (ii) the Assistant Secretary of Defense for 

18 Homeland Security and America’s Security Af19 fairs. 

20 (H) A State or regional energy agency. 

21 (I) A national research body or academic 

22 institution. 

23 (J) The National Laboratories. 

24 (d) REPORTS ON THE PROGRAM.— 


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1 (1) INTERIM REPORT.—Not later than 180 

2 days after the date on which funds are first dis3 bursed under the Program, the Secretary shall sub4 mit to the appropriate congressional committees an 

5 interim report 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 (2) FINAL REPORT.—Not later than 2 years 

13 after the date on which funds are first disbursed 

14 under the Program, the Secretary shall submit to 

15 the appropriate congressional committees a final re16 port that— 

17 (A) describes the results of the Program; 

18 (B) includes an analysis of the feasibility 

19 of each method studied under the Program; and 

20 (C) describes the results of the evaluations 

21 conducted by the working group established 

22 under subsection (c)(1). 

23 (e) EXEMPTION FROM DISCLOSURE.—Information 

24 shared by or with the Federal Government or a State, 

25 Tribal, or local government under this section— 


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1 (1) shall be deemed to be voluntarily shared in2 formation; 

3 (2) shall be exempt from disclosure under sec4 tion 552 of title 5, United States Code, or any provi5 sion of any State, Tribal, or local freedom of infor6 mation law, open government law, open meetings 

7 law, open records law, sunshine law, or similar law 

8 requiring the disclosure of information or records; 

9 and 

10 (3) shall be withheld from the public, without 

11 discretion, under section 552(b)(3) of title 5, United 

12 States Code, and any provision of any State, Tribal, 

13 or local law requiring the disclosure of information 

14 or records. 

15 (f) PROTECTION FROM LIABILITY.— 

16 (1) IN GENERAL.—A cause of action against a 

17 covered entity for engaging in the voluntary activi18 ties authorized under subsection (b)— 

19 (A) shall not lie or be maintained in any 

20 court; and 

21 (B) shall be promptly dismissed by the ap22 plicable court. 

23 (2) VOLUNTARY ACTIVITIES.—Nothing in this 

24 section subjects any covered entity to liability for not 


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1 engaging in the voluntary activities authorized under 

2 subsection (b). 

3 (g) NO NEW REGULATORY AUTHORITY FOR FED4 ERAL AGENCIES.—Nothing in this section authorizes the 

5 Secretary or the head of any other department or agency 

6 of the Federal Government to issue new regulations. 

7 (h) AUTHORIZATION OF APPROPRIATIONS.— 

8 (1) PILOT PROGRAM.—There is authorized to 

9 be appropriated $10,000,000 to carry out subsection 

10 (b). 

11 (2) WORKING GROUP AND REPORT.—There is 

12 authorized to be appropriated $1,500,000 to carry 

13 out subsections (c) and (d). 

14 (3) AVAILABILITY.—Amounts made available 

15 under paragraphs (1) and (2) shall remain available 

16 until expended. 

17 SEC. 743. BUG BOUNTY PROGRAMS. 

18 (a) DEFINITIONS.—In this section: 

19 (1) APPROPRIATE COMMITTEES OF CON20 GRESS.—The term ‘‘appropriate committees of Con21 gress’’ means— 

22 (A) the congressional intelligence commit23 tees; 


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1 (B) the Committee on Armed Services and 

2 the Committee on Homeland Security and Gov3 ernmental Affairs of the Senate; and 

4 (C) the Committee on Armed Services and 

5 the Committee on Homeland Security of the 

6 House of Representatives. 

7 (2) BUG BOUNTY PROGRAM.—The term ‘‘bug 

8 bounty program’’ means a program under which an 

9 approved computer security specialist or security re10 searcher is temporarily authorized to identify and re11 port vulnerabilities within the information system of 

12 an agency or department of the United States in ex13 change for compensation. 

14 (3) INFORMATION SYSTEM.—The term ‘‘infor15 mation system’’ has the meaning given that term in 

16 section 3502 of title 44, United States Code. 

17 (b) BUG BOUNTY PROGRAM PLAN.— 

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

19 after the date of the enactment of this Act, the Sec20 retary of Homeland Security, in consultation with 

21 the Secretary of Defense, shall submit to appro22 priate committees of Congress a strategic plan for 

23 appropriate agencies and departments of the United 

24 States to implement bug bounty programs. 


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1 (2) CONTENTS.—The plan required by para2 graph (1) shall include— 

3 (A) an assessment of— 

4 (i) the ‘‘Hack the Pentagon’’ pilot 

5 program carried out by the Department of 

6 Defense in 2016 and subsequent bug boun7 ty programs in identifying and reporting 

8 vulnerabilities within the information sys9 tems of the Department of Defense; and 

10 (ii) private sector bug bounty pro11 grams, including such programs imple12 mented by leading technology companies in 

13 the United States; and 

14 (B) recommendations on the feasibility of 

15 initiating bug bounty programs at appropriate 

16 agencies and departments of the United States. 

17 SEC. 744. MODIFICATION OF AUTHORITIES RELATING TO 

18 THE NATIONAL INTELLIGENCE UNIVERSITY. 

19 (a) CIVILIAN FACULTY MEMBERS; EMPLOYMENT

20 AND COMPENSATION.— 

21 (1) IN GENERAL.—Section 1595(c) of title 10, 

22 United States Code, is amended by adding at the 

23 end the following: 

24 ‘‘(5) The National Intelligence University.’’. 


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1 (2) COMPENSATION PLAN.—The Secretary of 

2 Defense shall provide each person employed as a 

3 full-time professor, instructor, or lecturer at the Na4 tional Intelligence University on the date of the en5 actment of this Act an opportunity to elect to be 

6 paid under the compensation plan in effect on the 

7 day before the date of the enactment of this Act 

8 (with no reduction in pay) or under the authority of 

9 section 1595 of title 10, United States Code, as 

10 amended by paragraph (1). 

11 (b) ACCEPTANCE OF FACULTY RESEARCH

12 GRANTS.—Section 2161 of such title is amended by add13 ing at the end the following: 

14 ‘‘(d) ACCEPTANCE OF FACULTY RESEARCH

15 GRANTS.—The Secretary of Defense may authorize the 

16 President of the National Intelligence University to accept 

17 qualifying research grants in the same manner and to the 

18 same degree as the President of the National Defense Uni19 versity under section 2165(e) of this title.’’. 

20 (c) PILOT PROGRAM ON ADMISSION OF PRIVATE

21 SECTOR CIVILIANS TO RECEIVE INSTRUCTION.— 

22 (1) PILOT PROGRAM REQUIRED.— 

23 (A) IN GENERAL.—Not later than 180 

24 days after the date of the enactment of this 

25 Act, the Secretary of Defense shall commence 


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1 carrying out a pilot program to assess the 

2 feasability and advisability of permitting eligible 

3 private sector employees who work in organiza4 tions relevant to national security to receive in5 struction at the National Intelligence Univer6 sity. 

7 (B) DURATION.—The Secretary shall carry 

8 out the pilot program during the 3-year period 

9 beginning on the date of the commencement of 

10 the pilot program. 

11 (C) EXISTING PROGRAM.—The Secretary 

12 shall carry out the pilot program in a manner 

13 that is consistent with section 2167 of title 10, 

14 United States Code. 

15 (D) NUMBER OF PARTICIPANTS.—No more 

16 than the equivalent of 35 full-time student posi17 tions may be filled at any one time by private 

18 sector employees enrolled under the pilot pro19 gram. 

20 (E) DIPLOMAS AND DEGREES.—Upon suc21 cessful completion of the course of instruction 

22 in which enrolled, any such private sector em23 ployee may be awarded an appropriate diploma 

24 or degree under section 2161 of title 10, United 

25 States Code. 


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1 (2) ELIGIBLE PRIVATE SECTOR EMPLOYEES.— 

2 (A) IN GENERAL.—For purposes of this 

3 subsection, an eligible private sector employee is 

4 an individual employed by a private firm that is 

5 engaged in providing to the Department of De6 fense, the intelligence community, or other Gov7 ernment departments or agencies significant 

8 and substantial intelligence or defense-related 

9 systems, products, or services or whose work 

10 product is relevant to national security policy or 

11 strategy. 

12 (B) LIMITATION.—Under this subsection, 

13 a private sector employee admitted for instruc14 tion at the National Intelligence University re15 mains eligible for such instruction only so long 

16 as that person remains employed by the same 

17 firm, holds appropriate security clearances, and 

18 complies with any other applicable security pro19 tocols. 

20 (3) ANNUAL CERTIFICATION BY SECRETARY OF

21 DEFENSE.—Under the pilot program, private sector 

22 employees may receive instruction at the National 

23 Intelligence University during any academic year 

24 only if, before the start of that academic year, the 

25 Secretary of Defense determines, and certifies to the 


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1 Committee on Armed Services of the Senate and the 

2 Committee on Armed Services of the House of Rep3 resentatives, that providing instruction to private 

4 sector employees under this section during that year 

5 will further the national security interests of the 

6 United States. 

7 (4) PILOT PROGRAM REQUIREMENTS.—The 

8 Secretary of Defense shall ensure that— 

9 (A) the curriculum in which private sector 

10 employees may be enrolled under the pilot pro11 gram is not readily available through other 

12 schools and concentrates on national security13 relevant issues; and 

14 (B) the course offerings at the National 

15 Intelligence University are determined by the 

16 needs of the Department of Defense and the in17 telligence community. 

18 (5) TUITION.—The President of the National 

19 Intelligence University shall charge students enrolled 

20 under the pilot program a rate that— 

21 (A) is at least the rate charged for employ22 ees of the United States outside the Depart23 ment of Defense, less infrastructure costs; and 

24 (B) considers the value to the school and 

25 course of the private sector student. 


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1 (6) STANDARDS OF CONDUCT.—While receiving 

2 instruction at the National Intelligence University, 

3 students enrolled under the pilot program, to the ex4 tent practicable, are subject to the same regulations 

5 governing academic performance, attendance, norms 

6 of behavior, and enrollment as apply to Government 

7 civilian employees receiving instruction at the univer8 sity. 

9 (7) USE OF FUNDS.— 

10 (A) IN GENERAL.—Amounts received by 

11 the National Intelligence University for instruc12 tion of students enrolled under the pilot pro13 gram shall be retained by the university to de14 fray the costs of such instruction. 

15 (B) RECORDS.—The source, and the dis16 position, of such funds shall be specifically iden17 tified in records of the university. 

18 (8) REPORTS.— 

19 (A) ANNUAL REPORTS.—Each academic 

20 year in which the pilot program is carried out, 

21 the Secretary shall submit to the congressional 

22 intelligence committees, the Committee on 

23 Armed Services of the Senate, and the Com24 mittee on Armed Services of the House of Rep25 resentatives a report on the number of eligible 


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1 private sector employees participating in the 

2 pilot program. 

3 (B) FINAL REPORT.—Not later than 90 

4 days after the date of the conclusion of the pilot 

5 program, the Secretary shall submit to the con6 gressional intelligence committees, the Com7 mittee on Armed Services of the Senate, and 

8 the Committee on Armed Services of the House 

9 of Representatives a report on the findings of 

10 the Secretary with respect to the pilot program. 

11 Such report shall include— 

12 (i) the findings of the Secretary with 

13 respect to the feasability and advisability 

14 of permitting eligible private sector em15 ployees who work in organizations relevant 

16 to national security to receive instruction 

17 at the National Intelligence University; 

18 and 

19 (ii) a recommendation as to whether 

20 the pilot program should be extended. 

21 SEC. 745. TECHNICAL AND CLERICAL AMENDMENTS TO 

22 THE NATIONAL SECURITY ACT OF 1947. 

23 (a) TABLE OF CONTENTS.—The table of contents at 

24 the beginning of the National Security Act of 1947 (50 

25 U.S.C. 3001 et seq.) is amended— 


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1 (1) by inserting after the item relating to sec2 tion 2 the following new item: 

‘‘Sec. 3. Definitions.’’; 

3 (2) by striking the item relating to section 107; 

4 (3) by striking the item relating to section 

5 113B and inserting the following new item: 

‘‘Sec. 113B. Special pay authority for science, technology, engineering, or 

mathematics positions.’’; 

6 (4) by striking the items relating to sections 

7 202, 203, 204, 208, 209, 210, 211, 212, 213, and 

8 214; and 

9 (5) by inserting after the item relating to sec10 tion 311 the following new item: 

‘‘Sec. 312. Repealing and saving provisions.’’. 

11 (b) OTHER TECHNICAL CORRECTIONS.—Such Act is 

12 further amended— 

13 (1) in section 102A— 

14 (A) in subparagraph (G) of paragraph (1) 

15 of subsection (g), by moving the margins of 

16 such subparagraph 2 ems to the left; and 

17 (B) in paragraph (3) of subsection (v), by 

18 moving the margins of such paragraph 2 ems to 

19 the left; 

20 (2) in section 106— 

21 (A) by inserting ‘‘SEC. 106.’’ before ‘‘(a)’’; 

22 and 


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1 (B) in subparagraph (I) of paragraph (2) 

2 of subsection (b), by moving the margins of 

3 such subparagraph 2 ems to the left; 

4 (3) by striking section 107; 

5 (4) in section 108(c), by striking ‘‘in both a 

6 classified and an unclassified form’’ and inserting 

7 ‘‘to Congress in classified form, but may include an 

8 unclassified summary’’; 

9 (5) in section 112(c)(1), by striking ‘‘section 

10 103(c)(7)’’ and inserting ‘‘section 102A(i)’’; 

11 (6) by amending section 201 to read as follows: 

12 ‘‘SEC. 201. DEPARTMENT OF DEFENSE. 

13 ‘‘Except to the extent inconsistent with the provisions 

14 of this Act or other provisions of law, the provisions of 

15 title 5, United States Code, shall be applicable to the De16 partment of Defense.’’; 

17 (7) in section 205, by redesignating subsections 

18 (b) and (c) as subsections (a) and (b), respectively; 

19 (8) in section 206, by striking ‘‘(a)’’; 

20 (9) in section 207, by striking ‘‘(c)’’; 

21 (10) in section 308(a), by striking ‘‘this Act’’ 

22 and inserting ‘‘sections 2, 101, 102, 103, and 303 

23 of this Act’’; 

24 (11) by redesignating section 411 as section 

25 312; 


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1 (12) in section 503— 

2 (A) in paragraph (5) of subsection (c)— 

3 (i) by moving the margins of such 

4 paragraph 2 ems to the left; and 

5 (ii) by moving the margins of sub6 paragraph (B) of such paragraph 2 ems to 

7 the left; and 

8 (B) in paragraph (2) of subsection (d), by 

9 moving the margins of such paragraph 2 ems to 

10 the left; and 

11 (13) in subparagraph (B) of paragraph (3) of 

12 subsection (a) of section 504, by moving the margins 

13 of such subparagraph 2 ems to the right. 

14 SEC. 746. TECHNICAL AMENDMENTS RELATED TO THE DE15 PARTMENT OF ENERGY. 

16 (a) NATIONAL NUCLEAR SECURITY ADMINISTRATION

17 ACT.— 

18 (1) CLARIFICATION OF FUNCTIONS OF THE AD19 MINISTRATOR FOR NUCLEAR SECURITY.—Subsection 

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

21 Administration Act (50 U.S.C. 2402(b)) is amend22 ed— 

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

24 and 


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1 (B) by redesignating paragraphs (13) 

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

3 respectively. 

4 (2) COUNTERINTELLIGENCE PROGRAMS.—Sec5 tion 3233(b) of the National Nuclear Security Ad6 ministration Act (50 U.S.C. 2423(b)) is amended— 

7 (A) by striking ‘‘Administration’’ and in8 serting ‘‘Department’’; and 

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

10 ‘‘the Office of’’. 

11 (b) ATOMIC ENERGY DEFENSE ACT.—Section 

12 4524(b)(2) of the Atomic Energy Defense Act (50 U.S.C. 

13 2674(b)(2)) is amended by inserting ‘‘Intelligence and’’ 

14 after ‘‘The Director of’’. 

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

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

17 (50 U.S.C. 3041(b)(2)) is amended— 

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

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

20 (2) by striking subparagraph (F); 

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

22 and (I) as subparagraphs (F), (G), and (H), respec23 tively; and 


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1 (4) in subparagraph (H), as so redesignated, by 

2 realigning the margin of such subparagraph 2 ems 

3 to the left. 

4 SEC. 747. SENSE OF CONGRESS ON NOTIFICATION OF CER5 TAIN DISCLOSURES OF CLASSIFIED INFOR6 MATION. 

7 (a) DEFINITIONS.—In this section: 

8 (1) ADVERSARY FOREIGN GOVERNMENT.—The 

9 term ‘‘adversary foreign government’’ means the 

10 government of any of the following foreign countries: 

11 (A) North Korea. 

12 (B) Iran. 

13 (C) China. 

14 (D) Russia. 

15 (E) Cuba. 

16 (2) COVERED CLASSIFIED INFORMATION.—The 

17 term ‘‘covered classified information’’ means classi18 fied information that was— 

19 (A) collected by an element of the intel20 ligence community; or 

21 (B) provided by the intelligence service or 

22 military of a foreign country to an element of 

23 the intelligence community. 

24 (3) ESTABLISHED INTELLIGENCE CHANNELS.— 

25 The term ‘‘established intelligence channels’’ means 


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1 methods to exchange intelligence to coordinate for2 eign intelligence relationships, as established pursu3 ant to law by the Director of National Intelligence, 

4 the Director of the Central Intelligence Agency, the 

5 Director of the National Security Agency, or other 

6 head of an element of the intelligence community. 

7 (4) INDIVIDUAL IN THE EXECUTIVE BRANCH.— 

8 The term ‘‘individual in the executive branch’’ 

9 means any officer or employee of the executive 

10 branch, including individuals— 

11 (A) occupying a position specified in article 

12 II of the Constitution; 

13 (B) appointed to a position by an indi14 vidual described in subparagraph (A); or 

15 (C) serving in the civil service or the Sen16 ior Executive Service (or similar service for sen17 ior executives of particular departments or 

18 agencies). 

19 (b) FINDINGS.—Congress finds that section 502 of 

20 the National Security Act of 1947 (50 U.S.C. 3092) re21 quires elements of the intelligence community to keep the 

22 congressional intelligence committees ‘‘fully and currently 

23 informed’’ about all ‘‘intelligence activities’’ of the United 

24 States, and to ‘‘furnish to the congressional intelligence 

25 committees any information or material concerning intelVerDate Sep 11 2014 20:35 Feb 04, 2019 Jkt 089200 PO 00000 Frm 00186 Fmt 6652 Sfmt 6201 E:\BILLS\S245.IS S245

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1 ligence activities * * * which is requested by either of the 

2 congressional intelligence committees in order to carry out 

3 its authorized responsibilities.’’. 

4 (c) SENSE OF CONGRESS.—It is the sense of Con5 gress that— 

6 (1) section 502 of the National Security Act of 

7 1947 (50 U.S.C. 3092), together with other intel8 ligence community authorities, obligates an element 

9 of the intelligence community to submit to the con10 gressional intelligence committees written notifica11 tion, by not later than 7 days after becoming aware, 

12 that an individual in the executive branch has dis13 closed covered classified information to an official of 

14 an adversary foreign government using methods 

15 other than established intelligence channels; and 

16 (2) each such notification should include— 

17 (A) the date and place of the disclosure of 

18 classified information covered by the notifica19 tion; 

20 (B) a description of such classified infor21 mation; 

22 (C) identification of the individual who 

23 made such disclosure and the individual to 

24 whom such disclosure was made; and 


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1 (D) a summary of the circumstances of 

2 such disclosure. 

3 SEC. 748. SENSE OF CONGRESS ON CONSIDERATION OF ES4 PIONAGE ACTIVITIES WHEN CONSIDERING 

5 WHETHER OR NOT TO PROVIDE VISAS TO 

6 FOREIGN INDIVIDUALS TO BE ACCREDITED 

7 TO A UNITED NATIONS MISSION IN THE 

8 UNITED STATES. 

9 It is the sense of the Congress that the Secretary of 

10 State, in considering whether or not to provide a visa to 

11 a foreign individual to be accredited to a United Nations 

12 mission in the United States, should consider— 

13 (1) known and suspected intelligence activities, 

14 espionage activities, including activities constituting 

15 precursors to espionage, carried out by the indi16 vidual against the United States, foreign allies of the 

17 United States, or foreign partners of the United 

18 States; and 

19 (2) the status of an individual as a known or 

20 suspected intelligence officer for a foreign adversary. 

21 SEC. 749. SENSE OF CONGRESS ON WIKILEAKS. 

22 It is the sense of Congress that WikiLeaks and the 

23 senior leadership of WikiLeaks resemble a nonstate hostile 


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1 intelligence service often abetted by state actors and 

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

Æ 


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