115th Congress } { Rept. 115-805
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
MATTHEW YOUNG POLLARD INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEARS
2018 AND 2019
_______
July 3, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Nunes, from the Permanent Select Committee on Intelligence,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 6237]
[Including cost estimate of the Congressional Budget Office]
The Permanent Select Committee on Intelligence, to whom was
referred the bill (H.R. 6237) to authorize appropriations for
fiscal years 2018 and 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, and for other
purposes, having considered the same, report favorably thereon
with an amendment and recommend that the bill as amended do
pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; ORGANIZATION OF ACT INTO DIVISIONS.
(a) Short Title.--This Act may be cited as the ``Matthew Young
Pollard Intelligence Authorization Act for Fiscal Years 2018 and
2019''.
(b) Organization.--This Act is organized into two divisions as
follows:
(1) Division a.--Intelligence Authorization Act for Fiscal
Year 2018.
(2) Division b.--Intelligence Authorization Act for Fiscal
Year 2019.
DIVISION A--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2018
SEC. 101. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2018''.
(b) Table of Contents.--The table of contents for this division is as
follows:
Sec. 101. Short title; table of contents.
Sec. 102. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 1101. Authorization of appropriations.
Sec. 1102. Classified Schedule of Authorizations.
Sec. 1103. Personnel ceiling adjustments.
Sec. 1104. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 1201. Authorization of appropriations.
Sec. 1202. Computation of annuities for employees of the Central
Intelligence Agency.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 1301. Restriction on conduct of intelligence activities.
Sec. 1302. Increase in employee compensation and benefits authorized by
law.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Sec. 1401. Authority for protection of current and former employees of
the Office of the Director of National Intelligence.
Sec. 1402. Designation of the program manager-information sharing
environment.
Sec. 1403. Technical modification to the executive schedule.
TITLE V--REPORTS AND OTHER MATTERS
Sec. 1501. Period of overseas assignments for certain foreign service
officers.
Sec. 1502. Assessment of significant Russian influence campaigns
directed at foreign elections and referenda.
Sec. 1503. Foreign counterintelligence and cybersecurity threats to
Federal election campaigns.
Sec. 1504. Intelligence community reports on security clearances.
Sec. 1505. Assessment of threat finance relating to Russia.
Sec. 1506. Report on cyber exchange program.
Sec. 1507. Review of Intelligence Community whistleblower matters.
Sec. 1508. Report on role of Director of National Intelligence with
respect to certain foreign investments.
Sec. 1509. Semiannual reports on investigations of unauthorized
disclosures of classified information.
Sec. 1510. Reports on intelligence community participation in
vulnerabilities equities process of Federal Government.
Sec. 1511. Sense of Congress on notifications of certain disclosures of
classified information.
Sec. 1512. Technical amendments related to the Department of Energy.
SEC. 102. DEFINITIONS.
In this division, the terms ``congressional intelligence committees''
and ``intelligence community'' have the meaning given those terms in
section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 1101. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Funds are hereby authorized to be appropriated for
fiscal year 2018 for the conduct of the intelligence and intelligence-
related activities of the following elements of the United States
Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
(b) Certain Specific Authorization.--Funds appropriated by the
Department of Defense Missile Defeat and Defense Enhancements
Appropriations Act, 2018 (division B of Public Law 115-96) for
intelligence or intelligence-related activities are specifically
authorized by the Congress for purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 3094), as specified in the classified
Schedule of Authorizations pursuant to section 1102, and are subject to
such section 504.
SEC. 1102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be
appropriated under section 1101 and, subject to section 1103, the
authorized personnel ceilings as of September 30, 2018, for the conduct
of the intelligence activities of the elements listed in paragraphs (1)
through (16) of section 1101, are those specified in the classified
Schedule of Authorizations prepared to accompany this division.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of Authorizations
referred to in subsection (a) shall be made available to the
Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, and to the
President.
(2) Distribution by the president.--Subject to paragraph (3),
the President shall provide for suitable distribution of the
classified Schedule of Authorizations referred to in subsection
(a), or of appropriate portions of such Schedule, within the
executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50
U.S.C. 3306(a));
(B) to the extent necessary to implement the budget;
or
(C) as otherwise required by law.
SEC. 1103. PERSONNEL CEILING ADJUSTMENTS.
(a) Authority for Increases.--The Director of National Intelligence
may authorize employment of civilian personnel in excess of the number
authorized for fiscal year 2018 by the classified Schedule of
Authorizations referred to in section 1102(a) if the Director of
National Intelligence determines that such action is necessary to the
performance of important intelligence functions, except that the number
of personnel employed in excess of the number authorized under such
section may not, for any element of the intelligence community,
exceed--
(1) 3 percent of the number of civilian personnel authorized
under such schedule for such element; or
(2) 10 percent of the number of civilian personnel authorized
under such schedule for such element for the purposes of
converting the performance of any function by contractors to
performance by civilian personnel.
(b) Treatment of Certain Personnel.--The Director of National
Intelligence shall establish guidelines that govern, for each element
of the intelligence community, the treatment under the personnel levels
authorized under section 1102(a), including any exemption from such
personnel levels, of employment or assignment in--
(1) a student program, trainee program, or similar program;
(2) a reserve corps or as a reemployed annuitant; or
(3) details, joint duty, or long-term, full-time training.
(c) Notice to Congressional Intelligence Committees.--Not later than
15 days prior to the exercise of an authority described in subsection
(a), the Director of National Intelligence shall submit to the
congressional intelligence committees--
(1) a written notice of the exercise of such authority; and
(2) in the case of an exercise of such authority subject to
the limitation in subsection (a)(2), a written justification
for the contractor conversion that includes a comparison of
whole-of-Government costs.
SEC. 1104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2018 the sum of
$546,900,000.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 797 positions as of September 30, 2018.
Personnel serving in such elements may be permanent employees of the
Office of the Director of National Intelligence or personnel detailed
from other elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to amounts
authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are authorized to
be appropriated for the Intelligence Community Management
Account for fiscal year 2018 such additional amounts as are
specified in the classified Schedule of Authorizations referred
to in section 1102(a).
(2) Authorization of personnel.--In addition to the personnel
authorized by subsection (b) for elements of the Intelligence
Community Management Account as of September 30, 2018, there
are authorized such additional personnel for the Community
Management Account as of that date as are specified in the
classified Schedule of Authorizations referred to in section
1102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 1201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2018 the sum of
$514,000,000.
SEC. 1202. COMPUTATION OF ANNUITIES FOR EMPLOYEES OF THE CENTRAL
INTELLIGENCE AGENCY.
(a) Computation of Annuities.--
(1) In general.--Section 221 of the Central Intelligence
Agency Retirement Act (50 U.S.C. 2031) is amended--
(A) in subsection (a)(3)(B), by striking the period
at the end and inserting ``, as determined by using the
annual rate of basic pay that would be payable for
full-time service in that position.'';
(B) in subsection (b)(1)(C)(i), by striking ``12-
month'' and inserting ``2-year'';
(C) in subsection (f)(2), by striking ``one year''
and inserting ``two years'';
(D) in subsection (g)(2), by striking ``one year''
each place such term appears and inserting ``two
years'';
(E) by redesignating subsections (h), (i), (j), (k),
and (l) as subsections (i), (j), (k), (l), and (m),
respectively; and
(F) by inserting after subsection (g) the following:
``(h) Conditional Election of Insurable Interest Survivor Annuity by
Participants Married at the Time of Retirement.--
``(1) Authority to make designation.--Subject to the rights
of former spouses under subsection (b) and section 222, at the
time of retirement a married participant found by the Director
to be in good health may elect to receive an annuity reduced in
accordance with subsection (f)(1)(B) and designate in writing
an individual having an insurable interest in the participant
to receive an annuity under the system after the participant's
death, except that any such election to provide an insurable
interest survivor annuity to the participant's spouse shall
only be effective if the participant's spouse waives the
spousal right to a survivor annuity under this Act. The amount
of the annuity shall be equal to 55 percent of the
participant's reduced annuity.
``(2) Reduction in participant's annuity.--The annuity
payable to the participant making such election shall be
reduced by 10 percent of an annuity computed under subsection
(a) and by an additional 5 percent for each full 5 years the
designated individual is younger than the participant. The
total reduction under this subparagraph may not exceed 40
percent.
``(3) Commencement of survivor annuity.--The annuity payable
to the designated individual shall begin on the day after the
retired participant dies and terminate on the last day of the
month before the designated individual dies.
``(4) Recomputation of participant's annuity on death of
designated individual.--An annuity which is reduced under this
subsection shall, effective the first day of the month
following the death of the designated individual, be recomputed
and paid as if the annuity had not been so reduced.''.
(2) Conforming amendments.--
(A) Central intelligence agency retirement act.--The
Central Intelligence Agency Retirement Act (50 U.S.C.
2001 et seq.) is amended--
(i) in section 232(b)(1) (50 U.S.C.
2052(b)(1)), by striking ``221(h),'' and
inserting ``221(i),''; and
(ii) in section 252(h)(4) (50 U.S.C.
2082(h)(4)), by striking ``221(k)'' and
inserting ``221(l)''.
(B) Central intelligence agency act of 1949.--
Subsection (a) of section 14 of the Central
Intelligence Agency Act of 1949 (50 U.S.C. 3514(a)) is
amended by striking ``221(h)(2), 221(i), 221(l),'' and
inserting ``221(i)(2), 221(j), 221(m),''.
(b) Annuities for Former Spouses.--Subparagraph (B) of section
222(b)(5) of the Central Intelligence Agency Retirement Act (50 U.S.C.
2032(b)(5)(B)) is amended by striking ``one year'' and inserting ``two
years''.
(c) Prior Service Credit.--Subparagraph (A) of section 252(b)(3) of
the Central Intelligence Agency Retirement Act (50 U.S.C.
2082(b)(3)(A)) is amended by striking ``October 1, 1990'' both places
that term appears and inserting ``March 31, 1991''.
(d) Reemployment Compensation.--Section 273 of the Central
Intelligence Agency Retirement Act (50 U.S.C. 2113) is amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Part-Time Reemployed Annuitants.--The Director shall have the
authority to reemploy an annuitant on a part-time basis in accordance
with section 8344(l) of title 5, United States Code.''.
(e) Effective Date and Application.--The amendments made by
subsection (a)(1)(A) and subsection (c) shall take effect as if enacted
on October 28, 2009, and shall apply to computations or participants,
respectively, as of such date.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 1301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this division shall not be
deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or the
laws of the United States.
SEC. 1302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be increased
by such additional or supplemental amounts as may be necessary for
increases in such compensation or benefits authorized by law.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
SEC. 1401. AUTHORITY FOR PROTECTION OF CURRENT AND FORMER EMPLOYEES OF
THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
Section 5(a)(4) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3506(a)(4)) is amended by striking ``such personnel of the
Office of the Director of National Intelligence as the Director of
National Intelligence may designate;'' and inserting ``current and
former personnel of the Office of the Director of National Intelligence
and their immediate families as the Director of National Intelligence
may designate;''.
SEC. 1402. DESIGNATION OF THE PROGRAM MANAGER-INFORMATION-SHARING
ENVIRONMENT.
(a) Information-sharing Environment.--Section 1016(b) of the
Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C.
485(b)) is amended--
(1) in paragraph (1), by striking ``President'' and inserting
``Director of National Intelligence''; and
(2) in paragraph (2), by striking ``President'' both places
that term appears and inserting ``Director of National
Intelligence''.
(b) Program Manager.--Section 1016(f)(1) of the Intelligence Reform
and Terrorism Prevention Act of 2004 (6 U.S.C. 485(f)(1)) is amended by
striking ``The individual designated as the program manager shall serve
as program manager until removed from service or replaced by the
President (at the President's sole discretion).'' and inserting
``Beginning on the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2018, each individual designated as
the program manager shall be appointed by the Director of National
Intelligence.''.
SEC. 1403. TECHNICAL MODIFICATION TO THE EXECUTIVE SCHEDULE.
Section 5315 of title 5, United States Code, is amended by adding at
the end the following:
``Director of the National Counterintelligence and Security
Center.''.
TITLE V--REPORTS AND OTHER MATTERS
SEC. 1501. PERIOD OF OVERSEAS ASSIGNMENTS FOR CERTAIN FOREIGN SERVICE
OFFICERS.
(a) Length of Period of Assignment.--Subsection (a) of section 502 of
the Foreign Service Act of 1980 (22 U.S.C. 3982) is amended by adding
at the end the following new paragraph:
``(3) In making assignments under paragraph (1), and in accordance
with section 903, and, if applicable, section 503, the Secretary shall
assure that a member of the Service may serve at a post for a period of
not more than six consecutive years.''.
(b) Foreign Language Deployment Requirements.--Section 702 of the
Foreign Service Act of 1980 (22 U.S.C. 4022) is amended by--
(1) redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) Foreign Language Deployment Requirements.--
``(1) In general.--The Secretary of State, with the
assistance of other relevant officials, shall require all
members of the Service who receive foreign language training in
Arabic, Farsi, Chinese (Mandarin or Cantonese), Turkish,
Korean, and Japanese by the institution or otherwise in
accordance with subsection (b) to serve three successive tours
in positions in which the acquired language is both relevant
and determined to be a benefit to the Department.
``(2) Overseas deployments.--In carrying out paragraph (1),
at least one of the three successive tours referred to in such
paragraph shall be an overseas deployment.
``(3) Waiver.--The Secretary of State may waive the
application of paragraph (1) for medical or family hardship or
in the interest of national security.
``(4) Congressional notification.--The Secretary of State
shall notify the Committees on Appropriations and Foreign
Affairs of the House of Representatives and Committees on
Appropriations and Foreign Relations of the Senate at the end
of each fiscal year of any instances during the prior twelve
months in which the waiver authority described in paragraph (3)
was invoked.''.
SEC. 1502. ASSESSMENT OF SIGNIFICANT RUSSIAN INFLUENCE CAMPAIGNS
DIRECTED AT FOREIGN ELECTIONS AND REFERENDA.
(a) Assessment Required.--Not later than 60 days after the date of
the enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report containing
an analytical assessment of the most significant Russian influence
campaigns, if any, conducted during the 3-year period preceding the
date of the enactment of this Act, as well as the most significant
current or planned such Russian influence campaigns, if any. Such
assessment shall include--
(1) a summary of such significant Russian influence
campaigns, including, at a minimum, the specific means by which
such campaigns were conducted, are being conducted, or likely
will be conducted, as appropriate, and the specific goal of
each such campaign;
(2) a summary of any defenses against or responses to such
Russian influence campaigns by the foreign state holding the
elections or referenda;
(3) a summary of any relevant activities by elements of the
intelligence community undertaken for the purpose of assisting
the government of such foreign state in defending against or
responding to such Russian influence campaigns; and
(4) an assessment of the effectiveness of such defenses and
responses described in paragraphs (2) and (3).
(b) Form.--The report required by subsection (a) may be submitted in
classified form, but if so submitted, shall contain an unclassified
summary.
(c) Russian Influence Campaign Defined.--In this section, the term
``Russian influence campaign'' means any effort, covert or overt, and
by any means, attributable to the Russian Federation directed at an
election, referendum, or similar process in a country other than the
Russian Federation or the United States.
SEC. 1503. FOREIGN COUNTERINTELLIGENCE AND CYBERSECURITY THREATS TO
FEDERAL ELECTION CAMPAIGNS.
(a) Reports Required.--
(1) In general.--As provided in paragraph (2), for each
Federal election, the Director of National Intelligence, in
coordination with the Under Secretary of Homeland Security for
Intelligence and Analysis and the Director of the Federal
Bureau of Investigation, shall make publicly available on an
internet website an advisory report on foreign
counterintelligence and cybersecurity threats to election
campaigns for Federal offices. Each such report shall include,
consistent with the protection of sources and methods, each of
the following:
(A) A description of foreign counterintelligence and
cybersecurity threats to election campaigns for Federal
offices.
(B) A summary of best practices that election
campaigns for Federal offices can employ in seeking to
counter such threats.
(C) An identification of any publicly available
resources, including United States Government
resources, for countering such threats.
(2) Schedule for submittal.--A report under this subsection
shall be made available as follows:
(A) In the case of a report regarding a special
election held for the office of Senator or Member of
the House of Representatives during 2019, not later
than the date that is 60 days before the date of such
special election.
(B) In the case of a report regarding an election for
a Federal office during any subsequent year, not later
than the date that is 1 year before the date of the
election.
(3) Information to be included.--A report under this
subsection shall reflect the most current information available
to the Director of National Intelligence regarding foreign
counterintelligence and cybersecurity threats.
(b) Treatment of Campaigns Subject to Heightened Threats.--If the
Director of the Federal Bureau of Investigation and the Under Secretary
of Homeland Security for Intelligence and Analysis jointly determine
that an election campaign for Federal office is subject to a heightened
foreign counterintelligence or cybersecurity threat, the Director and
the Under Secretary, consistent with the protection of sources and
methods, may make available additional information to the appropriate
representatives of such campaign.
SEC. 1504. INTELLIGENCE COMMUNITY REPORTS ON SECURITY CLEARANCES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) despite sustained efforts by Congress and the executive
branch, an unacceptable backlog in processing and adjudicating
security clearances persists, both within elements of the
intelligence community and in other departments of the Federal
Government, with some processing times exceeding a year or even
more;
(2) the protracted clearance timetable threatens the ability
of elements of the intelligence community to hire and retain
highly qualified individuals, and thus to fulfill the missions
of such elements;
(3) the prospect of a lengthy clearance process deters some
such individuals from seeking employment with the intelligence
community in the first place, and, when faced with a long wait
time, those with conditional offers of employment may opt to
discontinue the security clearance process and pursue different
opportunities;
(4) now more than ever, therefore, the broken security
clearance process badly needs fundamental reform; and
(5) in the meantime, to ensure the ability of elements of the
intelligence community to hire and retain highly qualified
personnel, elements should consider, to the extent possible and
consistent with national security, permitting new employees to
enter on duty immediately or nearly so, and to perform, on a
temporary basis pending final adjudication of their security
clearances, work that either does not require a security
clearance or requires only a low-level interim clearance.
(b) In General.--Section 506H of the National Security Act of 1947
(50 U.S.C. 3104) is amended--
(1) in subsection (a)(1)--
(A) in subparagraph (A)(ii), by inserting ``and''
after the semicolon;
(B) in subparagraph (B)(ii), by striking ``; and''
and inserting a period; and
(C) by striking subparagraph (C);
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Intelligence Community Reports.--(1) Not later than March 1 of
each year, the Director of National Intelligence shall submit to the
congressional intelligence committees, the Committee on Homeland
Security and Governmental Affairs of the Senate, and the Committee on
Homeland Security of the House of Representatives a report on the
security clearances processed by each element of the intelligence
community during the preceding fiscal year. Each such report shall
separately identify security clearances processed for Federal employees
and contractor employees sponsored by each such element.
``(2) Each report submitted under paragraph (1) shall include each of
the following for each element of the intelligence community for the
fiscal year covered by the report:
``(A) The total number of initial security clearance
background investigations sponsored for new applicants.
``(B) The total number of security clearance periodic
reinvestigations sponsored for existing employees.
``(C) The total number of initial security clearance
background investigations for new applicants that were
adjudicated with notice of a determination provided to the
prospective applicant, including--
``(i) the total number that were adjudicated
favorably and granted access to classified information;
and
``(ii) the total number that were adjudicated
unfavorably and resulted in a denial or revocation of a
security clearance.
``(D) The total number of security clearance periodic
background investigations that were adjudicated with notice of
a determination provided to the existing employee, including--
``(i) the total number that were adjudicated
favorably; and
``(ii) the total number that were adjudicated
unfavorably and resulted in a denial or revocation of a
security clearance.
``(E) The total number of pending security clearance
background investigations, including initial applicant
investigations and periodic reinvestigations, that were not
adjudicated as of the last day of such year and that remained
pending as follows:
``(i) For 180 days or less.
``(ii) For 180 days or longer, but less than 12
months.
``(iii) For 12 months or longer, but less than 18
months.
``(iv) For 18 months or longer, but less than 24
months.
``(v) For 24 months or longer.
``(F) In the case of security clearance determinations
completed or pending during the year preceding the year for
which the report is submitted that have taken longer than 12
months to complete--
``(i) an explanation of the causes for the delays
incurred during the period covered by the report; and
``(ii) the number of such delays involving a
polygraph requirement.
``(G) The percentage of security clearance investigations,
including initial and periodic reinvestigations, that resulted
in a denial or revocation of a security clearance.
``(H) The percentage of security clearance investigations
that resulted in incomplete information.
``(I) The percentage of security clearance investigations
that did not result in enough information to make a decision on
potentially adverse information.
``(3) The report required under this subsection shall be submitted in
unclassified form, but may include a classified annex.''; and
(4) in subsection (c), as redesignated by paragraph (2), by
striking ``subsection (a)(1)'' and inserting ``subsections
(a)(1) and (b)''.
SEC. 1505. ASSESSMENT OF THREAT FINANCE RELATING TO RUSSIA.
(a) Report Required.--Not later than 60 days after the date of the
enactment of this Act, the Director of National Intelligence, in
coordination with the Assistant Secretary of the Treasury for
Intelligence and Analysis, shall submit to the congressional
intelligence committees a report containing an assessment of Russian
threat finance. The assessment shall be based on intelligence from all
sources, including from the Office of Terrorism and Financial
Intelligence of the Department of the Treasury.
(b) Elements.--The report required by subsection (a) shall include
each of the following:
(1) A summary of leading examples from the 3-year period
preceding the date of the submittal of the report of threat
finance activities conducted by, for the benefit of, or at the
behest of--
(A) officials of the Government of Russia;
(B) persons subject to sanctions under any provision
of law imposing sanctions with respect to Russia;
(C) Russian nationals subject to sanctions under any
other provision of law; or
(D) Russian oligarchs or organized criminals.
(2) An assessment with respect to any trends or patterns in
threat finance activities relating to Russia, including common
methods of conducting such activities and global nodes of money
laundering used by Russian threat actors described in paragraph
(1) and associated entities.
(3) An assessment of any connections between Russian
individuals involved in money laundering and the Government of
Russia.
(4) A summary of engagement and coordination with
international partners on threat finance relating to Russia,
especially in Europe, including examples of such engagement and
coordination.
(5) An identification of any resource and collection gaps.
(6) An identification of--
(A) entry points of money laundering by Russian and
associated entities into the United States;
(B) any vulnerabilities within the United States
legal and financial system, including specific sectors,
which have been or could be exploited in connection
with Russian threat finance activities; and
(C) the counterintelligence threat posed by Russian
money laundering and other forms of threat finance, as
well as the threat to the United States financial
system and United States efforts to enforce sanctions
and combat organized crime.
(7) Any other matters the Director determines appropriate.
(c) Form of Report.--The report required under subsection (a) may be
submitted in classified form.
(d) Threat Finance Defined.--In this section, the term ``threat
finance'' means--
(1) the financing of cyber operations, global influence
campaigns, intelligence service activities, proliferation,
terrorism, or transnational crime and drug organizations;
(2) the methods and entities used to spend, store, move,
raise, conceal, or launder money or value, on behalf of threat
actors;
(3) sanctions evasion; and
(4) other forms of threat finance activity domestically or
internationally, as defined by the President.
SEC. 1506. REPORT ON CYBER EXCHANGE PROGRAM.
(a) Report.--Not later than 90 days after the date of the enactment
of this Act, the Director of National Intelligence shall submit to the
congressional intelligence committees a report on the potential
establishment of a fully voluntary exchange program between elements of
the intelligence community and private technology companies under
which--
(1) an employee of an element of the intelligence community
with demonstrated expertise and work experience in
cybersecurity or related disciplines may elect to be
temporarily detailed to a private technology company that has
elected to receive the detailee; and
(2) an employee of a private technology company with
demonstrated expertise and work experience in cybersecurity or
related disciplines may elect to be temporarily detailed to an
element of the intelligence community that has elected to
receive the detailee.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) An assessment of the feasibility of establishing the
exchange program described in such subsection.
(2) Identification of any challenges in establishing the
exchange program.
(3) An evaluation of the benefits to the intelligence
community that would result from the exchange program.
SEC. 1507. REVIEW OF INTELLIGENCE COMMUNITY WHISTLEBLOWER MATTERS.
(a) Review of Whistleblower Matters.--The Inspector General of the
Intelligence Community, in consultation with the inspectors general for
the Central Intelligence Agency, the National Security Agency, the
National Geospatial-Intelligence Agency, the Defense Intelligence
Agency, and the National Reconnaissance Office, shall conduct a review
of the authorities, policies, investigatory standards, and other
practices and procedures relating to intelligence community
whistleblower matters, with respect to such inspectors general.
(b) Objective of Review.--The objective of the review required under
subsection (a) is to identify any discrepancies, inconsistencies, or
other issues, which frustrate the timely and effective reporting of
intelligence community whistleblower matters to appropriate inspectors
general and to the congressional intelligence committees, and the fair
and expeditious investigation and resolution of such matters.
(c) Conduct of Review.--The Inspector General of the Intelligence
Community shall take such measures as the Inspector General determines
necessary in order to ensure that the review required by subsection (a)
is conducted in an independent and objective fashion.
(d) Report.--Not later than 270 days after the date of the enactment
of this Act, the Inspector General of the Intelligence Community shall
submit to the congressional intelligence committees a written report
containing the results of the review required under subsection (a),
along with recommendations to improve the timely and effective
reporting of intelligence community whistleblower matters to inspectors
general and to the congressional intelligence committees and the fair
and expeditious investigation and resolution of such matters.
SEC. 1508. REPORT ON ROLE OF DIRECTOR OF NATIONAL INTELLIGENCE WITH
RESPECT TO CERTAIN FOREIGN INVESTMENTS.
(a) Report.--Not later than 180 days after the date of the enactment
of this Act, the Director of National Intelligence, in consultation
with the heads of the elements of the intelligence community determined
appropriate by the Director, shall submit to the congressional
intelligence committees a report on the role of the Director in
preparing analytic materials in connection with the evaluation by the
Federal Government of national security risks associated with potential
foreign investments into the United States.
(b) Elements.--The report under subsection (a) shall include--
(1) a description of the current process for the provision of
the analytic materials described in subsection (a);
(2) an identification of the most significant benefits and
drawbacks of such process with respect to the role of the
Director, including the sufficiency of resources and personnel
to prepare such materials; and
(3) recommendations to improve such process.
SEC. 1509. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED
DISCLOSURES OF CLASSIFIED INFORMATION.
(a) In General.--Title XI of the National Security Act of 1947 (50
U.S.C. 3231 et seq.) is amended by adding at the end the following new
section:
``SEC. 1105. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED
DISCLOSURES OF CLASSIFIED INFORMATION.
``(a) Intelligence Community Reporting.--
``(1) In general.--Not less frequently than once every 6
months, each covered official shall submit to the congressional
intelligence committees a report on investigations of
unauthorized public disclosures of classified information.
``(2) Elements.--Each report submitted under paragraph (1)
shall include, with respect to the preceding 6-month period,
the following:
``(A) The number of investigations opened by the
covered official regarding an unauthorized public
disclosure of classified information.
``(B) The number of investigations completed by the
covered official regarding an unauthorized public
disclosure of classified information.
``(C) Of the number of such completed investigations
identified under subparagraph (B), the number referred
to the Attorney General for criminal investigation.
``(b) Department of Justice Reporting.--
``(1) In general.--Not less frequently than once every 6
months, the Assistant Attorney General for National Security of
the Department of Justice, in consultation with the Director of
the Federal Bureau of Investigation, shall submit to the
congressional intelligence committees, the Committee on the
Judiciary of the Senate, and the Committee on the Judiciary of
the House of Representatives a report on the status of each
referral made to the Department of Justice from any element of
the intelligence community regarding an unauthorized disclosure
of classified information made during the most recent 365-day
period or any referral that has not yet been closed, regardless
of the date the referral was made.
``(2) Contents.--Each report submitted under paragraph (1)
shall include, for each referral covered by the report, at a
minimum, the following:
``(A) The date the referral was received.
``(B) A statement indicating whether the alleged
unauthorized disclosure described in the referral was
substantiated by the Department of Justice.
``(C) A statement indicating the highest level of
classification of the information that was revealed in
the unauthorized disclosure.
``(D) A statement indicating whether an open criminal
investigation related to the referral is active.
``(E) A statement indicating whether any criminal
charges have been filed related to the referral.
``(F) A statement indicating whether the Department
of Justice has been able to attribute the unauthorized
disclosure to a particular entity or individual.
``(c) Form of Reports.--Each report submitted under this section
shall be submitted in unclassified form, but may have a classified
annex.
``(d) Definitions.--In this section:
``(1) Covered official.--The term `covered official' means--
``(A) the heads of each element of the intelligence
community; and
``(B) the inspectors general with oversight
responsibility for an element of the intelligence
community.
``(2) Investigation.--The term `investigation' means any
inquiry, whether formal or informal, into the existence of an
unauthorized public disclosure of classified information.
``(3) Unauthorized disclosure of classified information.--The
term `unauthorized disclosure of classified information' means
any unauthorized disclosure of classified information to any
recipient.
``(4) Unauthorized public disclosure of classified
information.--The term `unauthorized public disclosure of
classified information' means the unauthorized disclosure of
classified information to a journalist or media
organization.''.
(b) Clerical Amendment.--The table of contents in the first section
of the National Security Act of 1947 is amended by inserting after the
item relating to section 1104 the following new item:
``Sec. 1105. Semiannual reports on investigations of unauthorized
disclosures of classified information.''.
SEC. 1510. REPORTS ON INTELLIGENCE COMMUNITY PARTICIPATION IN
VULNERABILITIES EQUITIES PROCESS OF FEDERAL
GOVERNMENT.
(a) Reports on Process and Criteria Under Vulnerabilities Equities
Policy and Process.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit to the congressional intelligence committees a
written report describing--
(A) with respect to each element of the intelligence
community--
(i) the title of the official or officials
responsible for determining whether, pursuant
to criteria contained in the Vulnerabilities
Equities Policy and Process document or any
successor document, a vulnerability must be
submitted for review under the Vulnerabilities
Equities Process; and
(ii) the process used by such element to make
such determination; and
(B) the roles or responsibilities of that element
during a review of a vulnerability submitted to the
Vulnerabilities Equities Process.
(2) Changes to process or criteria.--Not later than 30 days
after any significant change is made to the process and
criteria used by any element of the intelligence community for
determining whether to submit a vulnerability for review under
the Vulnerabilities Equities Process, such element shall submit
to the congressional intelligence committees a report
describing such change.
(3) Form of reports.--Each report submitted under this
subsection shall be submitted in unclassified form, but may
include a classified annex.
(b) Annual Reports.--
(1) In general.--Not less frequently than once each calendar
year, the Director of National Intelligence shall submit to the
congressional intelligence committees a classified report
containing, with respect to the previous year--
(A) the number of vulnerabilities submitted for
review under the Vulnerabilities Equities Process;
(B) the number of vulnerabilities described in
subparagraph (A) disclosed to each vendor responsible
for correcting the vulnerability, or to the public,
pursuant to the Vulnerabilities Equities Process; and
(C) the aggregate number, by category, of the
vulnerabilities excluded from review under the
Vulnerabilities Equities Process, as described in
paragraph 5.4 of the Vulnerabilities Equities Policy
and Process document.
(2) Unclassified information.--Each report submitted under
paragraph (1) shall include an unclassified appendix that
contains--
(A) the aggregate number of vulnerabilities disclosed
to vendors or the public pursuant to the
Vulnerabilities Equities Process; and
(B) the aggregate number of vulnerabilities disclosed
to vendors or the public pursuant to the
Vulnerabilities Equities Process known to have been
patched.
(3) Nonduplication.--The Director of National Intelligence
may forgo submission of an annual report required under this
subsection for a calendar year, if the Director notifies the
congressional intelligence committees in writing that, with
respect to the same calendar year, an annual report required by
paragraph 4.3 of the Vulnerabilities Equities Policy and
Process document already has been submitted to Congress, and
such annual report contains the information that would
otherwise be required to be included in an annual report under
this subsection.
(c) Definitions.--In this section:
(1) Vulnerabilities equities policy and process document.--
The term ``Vulnerabilities Equities Policy and Process
document'' means the executive branch document entitled
``Vulnerabilities Equities Policy and Process'' dated November
15, 2017.
(2) Vulnerabilities equities process.--The term
``Vulnerabilities Equities Process'' means the interagency
review of vulnerabilities, pursuant to the Vulnerabilities
Equities Policy and Process document or any successor document.
(3) Vulnerability.--The term ``vulnerability'' means a
weakness in an information system or its components (for
example, system security procedures, hardware design, and
internal controls) that could be exploited or could affect
confidentiality, integrity, or availability of information.
SEC. 1511. SENSE OF CONGRESS ON NOTIFICATIONS OF CERTAIN DISCLOSURES OF
CLASSIFIED INFORMATION.
(a) Findings.--Congress finds that section 502 of the National
Security Act of 1947 (50 U.S.C. 3092) requires elements of the
intelligence community to keep the congressional intelligence
committees ``fully and currently informed'' about all ``intelligence
activities'' of the United States, and to ``furnish to the
congressional intelligence committees any information or material
concerning intelligence activities * * * which is requested by either
of the congressional intelligence committees in order to carry out its
authorized responsibilities.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) section 502 of the National Security Act of 1947 (50
U.S.C. 3092), together with other intelligence community
authorities, obligate an element of the intelligence community
to submit to the congressional intelligence committees written
notification, by not later than 7 days after becoming aware,
that an individual in the executive branch has disclosed
covered classified information to an official of an adversary
foreign government using methods other than established
intelligence channels; and
(2) each such notification should include--
(A) the date and place of the disclosure of
classified information covered by the notification;
(B) a description of such classified information;
(C) identification of the individual who made such
disclosure and the individual to whom such disclosure
was made; and
(D) a summary of the circumstances of such
disclosure.
(c) Definitions.--In this section:
(1) Adversary foreign government.--The term ``adversary
foreign government'' means the government of any of the
following foreign countries:
(A) North Korea.
(B) Iran.
(C) China.
(D) Russia.
(E) Cuba.
(2) Covered classified information.--The term ``covered
classified information'' means classified information that
was--
(A) collected by an element of the intelligence
community; or
(B) provided by the intelligence service or military
of a foreign country to an element of the intelligence
community.
(3) Established intelligence channels.--The term
``established intelligence channels'' means methods to exchange
intelligence to coordinate foreign intelligence relationships,
as established pursuant to law by the Director of National
Intelligence, the Director of the Central Intelligence Agency,
the Director of the National Security Agency, or other head of
an element of the intelligence community.
(4) Individual in the executive branch.--The term
``individual in the executive branch'' means any officer or
employee of the executive branch, including individuals--
(A) occupying a position specified in article II of
the Constitution;
(B) appointed to a position by an individual
described in subparagraph (A); or
(C) serving in the civil service or the senior
executive service (or similar service for senior
executives of particular departments or agencies).
SEC. 1512. TECHNICAL AMENDMENTS RELATED TO THE DEPARTMENT OF ENERGY.
(a) National Nuclear Security Administration Act.--
(1) Clarification of functions of the administrator for
nuclear security.--Subsection (b) of section 3212 of the
National Nuclear Security Administration Act (50 U.S.C.
2402(b)) is amended--
(A) by striking paragraphs (11) and (12); and
(B) by redesignating paragraphs (13) through (19) as
paragraphs (11) through (17), respectively.
(2) Counterintelligence programs.--Section 3233(b) of the
National Nuclear Security Administration Act (50 U.S.C.
2423(b)) is amended--
(A) by striking ``Administration'' and inserting
``Department''; and
(B) by inserting ``Intelligence and'' after ``the
Office of''.
(b) Atomic Energy Defense Act.--Section 4524(b)(2) of the Atomic
Energy Defense Act (50 U.S.C. 2674(b)(2)) is amended by inserting
``Intelligence and'' after ``The Director of''.
(c) National Security Act of 1947.--Paragraph (2) of section 106(b)
of the National Security Act of 1947 (50 U.S.C. 3041(b)(2)) is
amended--
(1) in subparagraph (E), by inserting ``and
Counterintelligence'' after ``Office of Intelligence'';
(2) by striking subparagraph (F);
(3) by redesignating subparagraphs (G), (H), and (I) as
subparagraphs (F), (G), and (H), respectively; and
(4) in subparagraph (H), as so redesignated, by realigning
the margin of such subparagraph 2 ems to the left.
DIVISION B--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2019
SEC. 201. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2019''.
(b) Table of Contents.--The table of contents for this division is as
follows:
Sec. 201. Short title; table of contents.
Sec. 202. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 2101. Authorization of appropriations.
Sec. 2102. Classified Schedule of Authorizations.
Sec. 2103. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 2201. Authorization of appropriations.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 2301. Restriction on conduct of intelligence activities.
Sec. 2302. Increase in employee compensation and benefits authorized by
law.
Sec. 2303. Modification of special pay authority for science,
technology, engineering, or mathematics positions and addition of
special pay authority for cyber positions.
Sec. 2304. Repeal of Joint Intelligence Community Council.
Sec. 2305. Permanent enhanced procurement authority to manage supply
chain risks.
Sec. 2306. Intelligence community information technology environment.
Sec. 2307. Development of secure cellular voice solution for
intelligence community.
Sec. 2308. Policy on minimum insider threat standards.
Sec. 2309. Submission of intelligence community policies.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 2401. Chief Financial Officer of the Intelligence Community.
Sec. 2402. Chief Information Officer of the Intelligence Community.
Subtitle B--Central Intelligence Agency
Sec. 2411. CIA subsistence for personnel assigned to austere locations.
Sec. 2412. Special rules for certain monthly workers' compensation
payments and other payments for CIA personnel.
Sec. 2413. Expansion of security protective service jurisdiction of the
Central Intelligence Agency.
Sec. 2414. Repeal of foreign language proficiency requirement for
certain senior level positions in the Central Intelligence Agency.
Subtitle C--Office of Intelligence and Counterintelligence of
Department of Energy
Sec. 2421. Consolidation of Department of Energy Offices of
Intelligence and Counterintelligence.
Sec. 2422. Establishment of Energy Infrastructure Security Center.
Sec. 2423. Repeal of Department of Energy Intelligence Executive
Committee and budget reporting requirement.
Subtitle D--Other Elements
Sec. 2431. Collocation of certain Department of Homeland Security
personnel at field locations.
Sec. 2432. Framework for roles, missions, and functions of Defense
Intelligence Agency.
Sec. 2433. Consultation by Secretary of Defense with Director of
National Intelligence for certain functions.
Sec. 2434. Construction of National Security Agency East Campus
Building 3.
Sec. 2435. Establishment of advisory board for National Reconnaissance
Office.
TITLE V--REPORTS AND OTHER MATTERS
Sec. 2501. Public Interest Declassification Board.
Sec. 2502. Repeal of certain reporting requirements.
Sec. 2503. Notification of significant foreign cyber intrusions and
active measures campaigns directed at elections for Federal offices.
Sec. 2504. Reports on intelligence community loan repayment and related
programs.
Sec. 2505. Comptroller General of the United States report on senior
executives of the Office of the Director of National Intelligence.
Sec. 2506. Briefings on counterintelligence activities of the Federal
Bureau of Investigation.
Sec. 2507. Briefing on FBI offering permanent residence to sources and
cooperators.
Sec. 2508. Technical and clerical amendments to the National Security
Act of 1947.
SEC. 202. DEFINITIONS.
In this division, the terms ``congressional intelligence committees''
and ``intelligence community'' have the meaning given those terms in
section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 2101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2019
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 2102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be
appropriated under section 2101 for the conduct of the intelligence
activities of the elements listed in paragraphs (1) through (16) of
section 2101, are those specified in the classified Schedule of
Authorizations prepared to accompany this division.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of Authorizations
referred to in subsection (a) shall be made available to the
Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, and to the
President.
(2) Distribution by the president.--Subject to paragraph (3),
the President shall provide for suitable distribution of the
classified Schedule of Authorizations referred to in subsection
(a), or of appropriate portions of such Schedule, within the
executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50
U.S.C. 3306(a));
(B) to the extent necessary to implement the budget;
or
(C) as otherwise required by law.
SEC. 2103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2019 the sum of
$514,524,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 2102(a) for advanced
research and development shall remain available until September 30,
2020.
(b) Classified Authorizations.--In addition to amounts authorized to
be appropriated for the Intelligence Community Management Account by
subsection (a), there are authorized to be appropriated for the
Intelligence Community Management Account for fiscal year 2019 such
additional amounts as are specified in the classified Schedule of
Authorizations referred to in section 2102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 2201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2019 the sum of
$514,000,000.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 2301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this division shall not be
deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or the
laws of the United States.
SEC. 2302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be increased
by such additional or supplemental amounts as may be necessary for
increases in such compensation or benefits authorized by law.
SEC. 2303. MODIFICATION OF SPECIAL PAY AUTHORITY FOR SCIENCE,
TECHNOLOGY, ENGINEERING, OR MATHEMATICS POSITIONS
AND ADDITION OF SPECIAL PAY AUTHORITY FOR CYBER
POSITIONS.
Section 113B of the National Security Act of 1947 (50 U.S.C. 3049a)
is amended--
(1) by amending subsection (a) to read as follows:
``(a) Special Rates of Pay for Positions Requiring Expertise in
Science, Technology, Engineering, or Mathematics.--
``(1) In general.--Notwithstanding part III of title 5,
United States Code, the head of each element of the
intelligence community may, for 1 or more categories of
positions in such element that require expertise in science,
technology, engineering, or mathematics--
``(A) establish higher minimum rates of pay; and
``(B) make corresponding increases in all rates of
pay of the pay range for each grade or level, subject
to subsection (b) or (c), as applicable.
``(2) Treatment.--The special rate supplements resulting from
the establishment of higher rates under paragraph (1) shall be
basic pay for the same or similar purposes as those specified
in section 5305(j) of title 5, United States Code.'';
(2) by redesignating subsections (b) through (f) as
subsections (c) through (g), respectively;
(3) by inserting after subsection (a) the following:
``(b) Special Rates of Pay for Cyber Positions.--
``(1) In general.--Notwithstanding subsection (c), the
Director of the National Security Agency may establish a
special rate of pay--
``(A) not to exceed the rate of basic pay payable for
level II of the Executive Schedule under section 5313
of title 5, United States Code, if the Director
certifies to the Under Secretary of Defense for
Intelligence, in consultation with the Under Secretary
of Defense for Personnel and Readiness, that the rate
of pay is for positions that perform functions that
execute the cyber mission of the Agency; or
``(B) not to exceed the rate of basic pay payable for
the Vice President of the United States under section
104 of title 3, United States Code, if the Director
certifies to the Secretary of Defense, by name,
individuals that have advanced skills and competencies
and that perform critical functions that execute the
cyber mission of the Agency.
``(2) Pay limitation.--Employees receiving a special rate
under paragraph (1) shall be subject to an aggregate pay
limitation that parallels the limitation established in section
5307 of title 5, United States Code, except that--
``(A) any allowance, differential, bonus, award, or
other similar cash payment in addition to basic pay
that is authorized under title 10, United States Code,
(or any other applicable law in addition to title 5 of
such Code, excluding the Fair Labor Standards Act of
1938 (29 U.S.C. 201 et seq.)) shall also be counted as
part of aggregate compensation; and
``(B) aggregate compensation may not exceed the rate
established for the Vice President of the United States
under section 104 of title 3, United States Code.
``(3) Limitation on number of recipients.--The number of
individuals who receive basic pay established under paragraph
(1)(B) may not exceed 100 at any time.
``(4) Limitation on use as comparative reference.--
Notwithstanding any other provision of law, special rates of
pay and the limitation established under paragraph (1)(B) may
not be used as comparative references for the purpose of fixing
the rates of basic pay or maximum pay limitations of qualified
positions under section 1599f of title 10, United States Code,
or section 226 of the Homeland Security Act of 2002 (6 U.S.C.
147).'';
(4) in subsection (c), as redesignated by paragraph (2), by
striking ``A minimum'' and inserting ``Except as provided in
subsection (b), a minimum'';
(5) in subsection (d), as redesignated by paragraph (2), by
inserting ``or (b)'' after ``by subsection (a)''; and
(6) in subsection (g), as redesignated by paragraph (2)--
(A) in paragraph (1), by striking ``Not later than 90
days after the date of the enactment of the
Intelligence Authorization Act for Fiscal Year 2017''
and inserting ``Not later than 90 days after the date
of the enactment of the Intelligence Authorization Act
for Fiscal Year 2019''; and
(B) in paragraph (2)(A), by inserting ``or (b)''
after ``subsection (a)''.
SEC. 2304. REPEAL OF JOINT INTELLIGENCE COMMUNITY COUNCIL.
(a) Repeal.--Section 101A of the National Security Act of 1947 (50
U.S.C. 3022) is hereby repealed.
(b) Clerical Amendment.--The table of contents at the beginning of
such Act is amended by striking the item relating to section 101A.
(c) Conforming Amendment.--Section 102A(c)(1)(B) of such Act (50
U.S.C. 3024) is amended by striking ``and, after obtaining the advice
of the Joint Intelligence Community Council''.
SEC. 2305. PERMANENT ENHANCED PROCUREMENT AUTHORITY TO MANAGE SUPPLY
CHAIN RISKS.
Section 309 of the Intelligence Authorization Act for Fiscal Year
2012 (Public Law 112-87; 125 Stat. 1875; 50 U.S.C. 3329 note) is
amended by striking subsection (g).
SEC. 2306. INTELLIGENCE COMMUNITY INFORMATION TECHNOLOGY ENVIRONMENT.
(a) Roles and Responsibilities.--
(1) Director of national intelligence.--The Director of
National Intelligence shall be responsible for coordinating the
performance by elements of the intelligence community of IC
ITE, including each of the following:
(A) Ensuring compliance with all applicable IC ITE
rules and regulations.
(B) Ensuring IC ITE measurable performance goals
exist.
(C) Documenting IC ITE standards and practices.
(D) Acting as an arbiter among elements of the
intelligence community related to any disagreements
arising out of the implementation of IC ITE.
(E) Delegating responsibilities to the elements of
the intelligence community and carrying out such other
responsibilities as are necessary for the effective
implementation of IC ITE.
(2) Key service providers.--Key service providers shall be
responsible for--
(A) providing key services, in coordination with the
Director of National Intelligence; and
(B) providing the Director with information requested
and required to fulfill the responsibilities of the
Director under paragraph (1).
(3) Use of key services.--
(A) In general.--Except as provided in subparagraph
(B), each element of the intelligence community shall
use key services when such services are available.
(B) Exception.--The Director of National Intelligence
may provide for a written exception to the requirement
under subparagraph (A) if the Director determines there
is a compelling financial or mission need for such
exception.
(b) Management Accountability.--Not later than 90 days after the date
of the enactment of this Act, the Director of National Intelligence
shall designate and maintain one or more accountable IC ITE executives
to be responsible for--
(1) IC ITE management, financial control, and integration;
(2) ensuring the performance of each key service, including
establishing measurable service requirements and schedules;
(3) ensuring independent testing of each IC ITE core service,
including testing by the intended users, to evaluate
performance against measurable service requirements and to
ensure the capability meets user requirements; and
(4) coordinate IC ITE transition or restructuring efforts,
including phase out of legacy systems.
(c) Security Plan.--Not later than 180 days after the date of the
enactment of this Act, the Director of National Intelligence shall
develop and maintain a security plan for IC ITE.
(d) Long-term Roadmap.--Not later than 180 days after the date of the
enactment of this Act, and during each of the second and fourth fiscal
quarters thereafter, the Director of National Intelligence shall submit
to the congressional intelligence committees a long-term roadmap that
shall include each of the following:
(1) A description of the minimum required and desired key
service requirements, including--
(A) key performance parameters; and
(B) an assessment of current, measured performance.
(2) IC ITE implementation milestones, including each of the
following:
(A) A schedule for expected deliveries of key service
capabilities during each of the following phases:
(i) Concept refinement and technology
maturity demonstration.
(ii) Development, integration, and
demonstration,
(iii) Production, deployment, and
sustainment.
(iv) System retirement.
(B) Dependencies of such key service capabilities.
(C) Plans for the transition or restructuring
necessary to incorporate key service capabilities.
(D) A description of any legacy systems and
discontinued capabilities to be phased out.
(3) Such other matters as the Director determines
appropriate.
(e) Business Plan.--Not later than 180 days after the date of the
enactment of this Act, and during each of the second and fourth fiscal
quarters thereafter, the Director of National Intelligence shall submit
to the congressional intelligence committees a business plan that
includes each of the following:
(1) A uniform approach to identify IC ITE key service funding
requests within the proposed budget, including multiyear plans
to implement the long-term roadmap required by subsection (d).
(2) A uniform approach by which each element of the
intelligence community shall identify the cost of legacy
information technology or alternative capabilities where IC ITE
services will also be available.
(3) A uniform effort by which each element of the
intelligence community shall identify transition and
restructuring costs for new, existing, and retiring IC ITE
services, as well as IC ITE services that have changed
designations among core service, service of common concern, and
agency unique service.
(4) A fair and equitable rate structure for use of IC ITE.
(f) Quarterly Presentations.--Beginning not later than 180 days after
the date of the enactment of this Act, the Director of National
Intelligence shall provide to the congressional intelligence committees
quarterly updates regarding ongoing implementation of IC ITE as
compared to the requirements in the most recently submitted security
plan required by subsection (c), long-term roadmap required by
subsection (d), and business plan required by subsection (e).
(g) Additional Notifications.--The Director of National Intelligence
shall provide timely notification to the congressional intelligence
committees regarding any policy changes related to or affecting IC ITE,
new initiatives or strategies related to or impacting IC ITE, and
changes or deficiencies in the execution of the security plan required
by subsection (c), long-term roadmap required by subsection (d), and
business plan required by subsection (e).
(h) Definitions.--In this section:
(1) The term ``agency unique service'' means a capability
that is unique to and used only within one element of the
intelligence community.
(2) The term ``core service'' means a capability that is
available to multiple elements of the intelligence community
and required for consistent operation of IC ITE.
(3) The term ``intelligence community information technology
environment'' or ``IC ITE'' means all of the information
technology services across the intelligence community,
including the data sharing and protection environment across
multiple classification domains.
(4) The term ``key service'' is a core service or service of
common concern, but is not an agency unique service.
(5) The term ``key service provider'' is the entity
responsible and accountable for implementing a key service
within the IC ITE.
(6) The term ``service of common concern'' means a capability
available across IC ITE that is of interest to two or more
elements of the intelligence community.
(i) Sunset.--The section shall have no effect on or after September
30, 2024.
SEC. 2307. DEVELOPMENT OF SECURE CELLULAR VOICE SOLUTION FOR
INTELLIGENCE COMMUNITY.
(a) In General.--The Director of National Intelligence shall certify
and approve the operation of a National Intelligence Program
enterprise-wide secure voice cellular solution that leverages
commercially available technology and operates on existing commercial
cellular networks.
(b) Policy.--The Director of National Intelligence shall establish an
intelligence community policy for the cellular voice solution required
by subsection (a) that addresses each of the following:
(1) Determinations regarding eligibility to use a device
covered by such cellular voice solution.
(2) The appropriate classification levels associated with the
use of secure cellular phones.
(3) Measures that should be taken prior to initiating or
receiving a secure cellular call.
(4) Appropriate methods for storage of secure devices when
not in the physical possession of an authorized user.
(5) Such other matters as the Director determines
appropriate.
(c) Costs.--The Director of National Intelligence shall ensure that
annual operating costs of the secure cellular solution requirement in
subsection (a), excluding initial development and deployment, are born
on a cost-reimbursable basis by each relevant element of the
intelligence community.
SEC. 2308. POLICY ON MINIMUM INSIDER THREAT STANDARDS.
(a) Policy Required.--Not later than 60 days after the date of the
enactment of this Act, the Director of National Intelligence shall
establish a policy for minimum insider threat standards.
(b) Implementation.--Not later than 180 days after the date of the
enactment of this Act, the head of each element of the intelligence
community shall implement the policy established under subsection (a).
SEC. 2309. SUBMISSION OF INTELLIGENCE COMMUNITY POLICIES.
(a) Submission of Policies.--
(1) Current policy.--Not later than 180 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the congressional intelligence
committees using the electronic repository all non-publicly
available policies, directives, and guidance issued by the
Director of National Intelligence for the intelligence
community that are in effect as of the date of the submission.
(2) Continuous updates.--Not later than 15 days after the
date on which the Director of National Intelligence issues,
modifies, or rescinds a policy, directive, or guidance of the
intelligence community, the Director shall--
(A) notify the congressional intelligence committees
of such addition, modification, or removal; and
(B) update the electronic repository with respect to
such addition, modification, or removal.
(b) Electronic Repository Defined.--In this section, the term
``electronic repository'' means the electronic distribution mechanism,
in use as of the date of the enactment of this Act, or any successor
electronic distribution mechanism, by which the Director of National
Intelligence submits to the congressional intelligence committees
information.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 2401. CHIEF FINANCIAL OFFICER OF THE INTELLIGENCE COMMUNITY.
Section 103I(a) of the National Security Act of 1947 (50 U.S.C.
3034(a)) is amended by adding at the end the following new sentence:
``The Chief Financial Officer shall report directly to the Director of
National Intelligence.''.
SEC. 2402. CHIEF INFORMATION OFFICER OF THE INTELLIGENCE COMMUNITY.
Section 103G(a) of the National Security Act of 1947 (50 U.S.C.
3032(a)) is amended by adding at the end the following new sentence:
``The Chief Information Officer shall report directly to the Director
of National Intelligence.''.
Subtitle B--Central Intelligence Agency
SEC. 2411. CIA SUBSISTENCE FOR PERSONNEL ASSIGNED TO AUSTERE LOCATIONS.
Subsection (a) of section 5 of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3506) is amended--
(1) in paragraph (1), by striking ``(50 U.S.C. 403-4a).,''
and inserting ``(50 U.S.C. 403-4a),'';
(2) in paragraph (6), by striking ``and'' at the end;
(3) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following new paragraph (8):
``(8) Upon the approval of the Director, provide, during any
fiscal year, with or without reimbursement, subsistence to any
personnel assigned to an overseas location designated by the
Agency as an austere location.''.
SEC. 2412. SPECIAL RULES FOR CERTAIN MONTHLY WORKERS' COMPENSATION
PAYMENTS AND OTHER PAYMENTS FOR CIA PERSONNEL.
(a) In General.--The Central Intelligence Agency Act of 1949 (50
U.S.C. 3501 et seq.) is amended by inserting after section 19 the
following new section:
``SEC. 19A. SPECIAL RULES FOR CERTAIN INDIVIDUALS INJURED BY REASON OF
WAR, INSURGENCY, HOSTILE ACT, OR TERRORIST
ACTIVITIES.
``(a) Adjustment of Compensation for Certain Injuries.--
``(1) Increase.--The Director of the Central Intelligence
Agency may increase the amount of monthly compensation paid to
a covered employee under section 8105 of title 5, United States
Code. Subject to paragraph (2), the Director may determine the
amount of each such increase by taking into account--
``(A) the severity of the qualifying injury;
``(B) the circumstances by which the covered employee
became injured; and
``(C) the seniority of the covered employee.
``(2) Maximum.--Notwithstanding chapter 81 of title 5, United States
Code, the total amount of monthly compensation increased under
paragraph (1) may not exceed the monthly pay of the maximum rate of
basic pay for GS-15 of the General Schedule under section 5332 of title
5, United States Code.
``(b) Costs for Treating Qualifying Injuries.--The Director may pay
the costs of treating a qualifying injury of a covered employee, a
covered individual, or a covered dependent, or may reimburse a covered
employee, a covered individual, or a covered dependent for such costs,
that are not otherwise covered by chapter 81 of title 5, United States
Code, or other provision of Federal law.
``(c) Treatment of Amounts.--For purposes of section 104 of the
Internal Revenue Code of 1986, amounts paid pursuant to this section
shall be treated as amounts paid under chapter 81 of title 5, United
States Code.
``(d) Definitions.--In this section:
``(1) Covered dependent.--The term `covered dependent' means
a family member of a covered employee who, on or after
September 11, 2001--
``(A) accompanies the covered employee to an assigned
duty station in a foreign country; and
``(B) becomes injured by reason of a qualifying
injury.
``(2) Covered employee.--The term `covered employee' means an
officer or employee of the Central Intelligence Agency who, on
or after September 11, 2001, becomes injured by reason of a
qualifying injury.
``(3) Covered individual.--The term `covered individual'
means an individual who--
``(A)(i) is detailed to the Central Intelligence
Agency from other agencies of the United States
Government or from the Armed Forces; or
``(ii) is affiliated with the Central Intelligence
Agency, as determined by the Director; and
``(B) who, on or after September 11, 2001, becomes
injured by reason of a qualifying injury.
``(4) Qualifying injury.--The term `qualifying injury' means
the following:
``(A) With respect to a covered dependent, an injury
incurred--
``(i) during war, insurgency, hostile act, or
terrorist activities occurring during a period
in which the covered dependent is accompanying
the covered employee to an assigned duty
station in a foreign country; and
``(ii) that was not the result of the willful
misconduct of the covered dependent.
``(B) With respect to a covered employee or a covered
individual, an injury incurred--
``(i) during war, insurgency, hostile act, or
terrorist activities occurring during a period
of assignment to a duty station in a foreign
country; and
``(ii) that was not the result of the willful
misconduct of the covered employee or the
covered individual.''.
(b) Regulations.--Not later than 120 days after the date of the
enactment of this Act, the Director of the Central Intelligence Agency
shall--
(1) prescribe regulations ensuring the fair and equitable
implementation of section 19A of the Central Intelligence
Agency Act of 1949, as added by subsection (a); and
(2) submit to the congressional intelligence committees such
regulations.
(c) Application.--Section 19A of the Central Intelligence Agency Act
of 1949, as added by subsection (a), shall apply with respect to--
(1) payments made to covered employees (as defined in such
section) under section 8105 of title 5, United States Code,
beginning on or after the date of the enactment of this Act;
and
(2) treatment described in subsection (b) of such section 19A
occurring on or after the date of the enactment of this Act.
SEC. 2413. EXPANSION OF SECURITY PROTECTIVE SERVICE JURISDICTION OF THE
CENTRAL INTELLIGENCE AGENCY.
Subsection (a) of section 15 of the Central Intelligence Act of 1949
(50 U.S.C. 3515(a)) is amended--
(1) in the subsection heading, by striking ``Policemen'' and
inserting ``Police Officers''; and
(2) in paragraph (1)--
(A) in subparagraph (B), by striking ``500 feet;''
and inserting ``500 yards;''; and
(B) in subparagraph (D), by striking ``500 feet.''
and inserting ``500 yards.''.
SEC. 2414. REPEAL OF FOREIGN LANGUAGE PROFICIENCY REQUIREMENT FOR
CERTAIN SENIOR LEVEL POSITIONS IN THE CENTRAL
INTELLIGENCE AGENCY.
(a) Repeal of Foreign Language Proficiency Requirement.--Section 104A
of the National Security Act of 1947 (50 U.S.C. 3036) is amended by
striking subsection (g).
(b) Conforming Repeal of Report Requirement.--Section 611 of the
Intelligence Authorization Act for Fiscal Year 2005 (Public Law 108-
487) is amended by striking subsection (c).
Subtitle C--Office of Intelligence and Counterintelligence of
Department of Energy
SEC. 2421. CONSOLIDATION OF DEPARTMENT OF ENERGY OFFICES OF
INTELLIGENCE AND COUNTERINTELLIGENCE.
(a) In General.--Section 215 of the Department of Energy Organization
Act (42 U.S.C. 7144b) is amended to read as follows:
``office of intelligence and counterintelligence
``Sec. 215.
``(a) In General.--There is in the Department an Office of
Intelligence and Counterintelligence. Such office shall be under the
National Intelligence Program.
``(b) Director.--(1) The head of the Office shall be the Director of
the Office of Intelligence and Counterintelligence, who shall be an
employee in the Senior Executive Service, the Senior Intelligence
Service, the Senior National Intelligence Service, or any other Service
that the Secretary, in coordination with the Director of National
Intelligence, considers appropriate. The Director of the Office shall
report directly to the Secretary.
``(2) The Secretary shall select an individual to serve as the
Director from among individuals who have substantial expertise in
matters relating to the intelligence community, including foreign
intelligence and counterintelligence.
``(c) Duties.--(1) Subject to the authority, direction, and control
of the Secretary, the Director shall perform such duties and exercise
such powers as the Secretary may prescribe.
``(2) The Director shall be responsible for establishing policy for
intelligence and counterintelligence programs and activities at the
Department.
``(d) Definitions.--In this section, the terms `intelligence
community' and `National Intelligence Program' have the meanings given
such terms in section 3 of the National Security Act of 1947 (50 U.S.C.
3003).''.
(b) Conforming Repeal.--Section 216 of the Department of Energy
Organization Act (42 U.S.C. 7144c) is hereby repealed.
(c) Clerical Amendment.--The table of contents at the beginning of
the Department of Energy Organization Act is amended by striking the
items relating to sections 215 and 216 and inserting the following new
item:
``215. Office of Intelligence and Counterintelligence.''.
SEC. 2422. ESTABLISHMENT OF ENERGY INFRASTRUCTURE SECURITY CENTER.
Section 215 of the Department of Energy Organization Act (42 U.S.C.
7144b), as amended by section 2421, is further amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection (d):
``(d) Energy Infrastructure Security Center.--(1)(A) The President
shall establish an Energy Infrastructure Security Center, taking into
account all appropriate government tools to analyze and disseminate
intelligence relating to the security of the energy infrastructure of
the United States.
``(B) The Secretary shall appoint the head of the Energy
Infrastructure Security Center.
``(C) The Energy Infrastructure Security Center shall be located
within the Office of Intelligence and Counterintelligence.
``(2) In establishing the Energy Infrastructure Security Center, the
Director of the Office of Intelligence and Counterintelligence shall
address the following missions and objectives to coordinate and
disseminate intelligence relating to the security of the energy
infrastructure of the United States:
``(A) Establishing a primary organization within the United
States Government for analyzing and integrating all
intelligence possessed or acquired by the United States
pertaining to the security of the energy infrastructure of the
United States.
``(B) Ensuring that appropriate departments and agencies have
full access to and receive intelligence support needed to
execute the plans or activities of the agencies, and perform
independent, alternative analyses.
``(C) Establishing a central repository on known and
suspected foreign threats to the energy infrastructure of the
United States, including with respect to any individuals,
groups, or entities engaged in activities targeting such
infrastructure, and the goals, strategies, capabilities, and
networks of such individuals, groups, or entities.
``(D) Disseminating intelligence information relating to the
security of the energy infrastructure of the United States,
including threats and analyses, to the President, to the
appropriate departments and agencies, and to the appropriate
committees of Congress.
``(3) The President may waive the requirements of this subsection,
and any parts thereof, if the President determines that such
requirements do not materially improve the ability of the United States
Government to prevent and halt attacks against the energy
infrastructure of the United States. Such waiver shall be made in
writing to Congress and shall include a description of how the missions
and objectives in paragraph (2) are being met.
``(4) If the President decides not to exercise the waiver authority
granted by paragraph (3), the President shall submit to Congress from
time to time updates and plans regarding the establishment of an Energy
Infrastructure Security Center.''.
SEC. 2423. REPEAL OF DEPARTMENT OF ENERGY INTELLIGENCE EXECUTIVE
COMMITTEE AND BUDGET REPORTING REQUIREMENT.
Section 214 of the Department of Energy Organization Act (42 U.S.C.
7144a) is amended--
(1) by striking ``(a) Duty of Secretary.--''; and
(2) by striking subsections (b) and (c).
Subtitle D--Other Elements
SEC. 2431. COLLOCATION OF CERTAIN DEPARTMENT OF HOMELAND SECURITY
PERSONNEL AT FIELD LOCATIONS.
Not later than 18 months after the date of the enactment of this Act,
the Under Secretary of Homeland Security for Intelligence and Analysis
shall transfer not less than 40 personnel who are stationed, as of the
date of the enactment of this Act, at the Department of Homeland
Security headquarters located at Nebraska Avenue Northwest, Washington,
District of Columbia, to locations at least 30 miles from such
headquarters in order to collocate such personnel with and provide
support for Department of Homeland Security operational units from
Customs and Border Protection, the Transportation Security
Administration, Immigration and Customs Enforcement, or other elements
of the Department of Homeland Security.
SEC. 2432. FRAMEWORK FOR ROLES, MISSIONS, AND FUNCTIONS OF DEFENSE
INTELLIGENCE AGENCY.
(a) In General.--The Director of National Intelligence and the
Secretary of Defense shall jointly establish a framework to ensure the
appropriate balance of resources for the roles, missions, and functions
of the Defense Intelligence Agency in its capacity as an element of the
intelligence community and as a combat support agency. The framework
shall include supporting processes to provide for the consistent and
regular reevaluation of the responsibilities and resources of the
Defense Intelligence Agency to prevent imbalanced priorities,
insufficient or misaligned resources, and the unauthorized expansion of
mission parameters.
(b) Matters for Inclusion.--The framework required under subsection
(a) shall include each of the following:
(1) A lexicon providing for consistent definitions of
relevant terms used by both the intelligence community and the
Department of Defense, including each of the following:
(A) Defense intelligence enterprise.
(B) Enterprise manager.
(C) Executive agent.
(D) Function.
(E) Functional manager.
(F) Mission.
(G) Mission manager.
(H) Responsibility.
(I) Role.
(J) Service of common concern.
(2) An assessment of the necessity of maintaining separate
designations for the intelligence community and the Department
of Defense for intelligence functional or enterprise management
constructs.
(3) A repeatable process for evaluating the addition,
transfer, or elimination of defense intelligence missions,
roles, and functions, currently performed or to be performed in
the future by the Defense Intelligence Agency, which includes
each of the following:
(A) A justification for the addition, transfer, or
elimination of a mission, role, or function.
(B) The identification of which, if any, element of
the Federal Government performs the considered mission,
role, or function.
(C) In the case of any new mission, role, or
functions--
(i) an assessment of the most appropriate
agency or element to perform such mission,
role, or function, taking into account the
resource profiles, scope of responsibilities,
primary customers, and existing infrastructure
necessary to support such mission, role, or
function; and
(ii) a determination of the appropriate
resource profile and an identification of the
projected resources needed and the proposed
source of such resources over the future-years
defense program, to be provided in writing to
any elements of the intelligence community or
the Department of Defense affected by the
assumption, transfer, or elimination of any
mission, role, or function.
(D) In the case of any mission, role, or function
proposed to be assumed, transferred, or eliminated, an
assessment, which shall be completed jointly by the
heads of each element affected by such assumption,
transfer, or elimination, of the risks that would be
assumed by the intelligence community and the
Department if such mission, role, or function is
assumed, transferred, or eliminated.
(E) A description of how determinations are made
regarding the funding of programs and activities under
the National Intelligence Program and the Military
Intelligence Program, including--
(i) which programs or activities are funded
under each such Program;
(ii) which programs or activities should be
jointly funded under both such Programs and how
determinations are made with respect to funding
allocations for such programs and activities;
and
(iii) the thresholds and process for changing
a program or activity from being funded under
one such Program to being funded under the
other such Program.
SEC. 2433. CONSULTATION BY SECRETARY OF DEFENSE WITH DIRECTOR OF
NATIONAL INTELLIGENCE FOR CERTAIN FUNCTIONS.
Section 105(b) of the National Security Act of 1947 (50 U.S.C.
3038(b)) is amended in the matter preceding paragraph (1) by inserting
``, in consultation with the Director of National Intelligence,'' after
``the Secretary of Defense''.
SEC. 2434. CONSTRUCTION OF NATIONAL SECURITY AGENCY EAST CAMPUS
BUILDING 3.
(a) Sense of Congress.--It is the sense of Congress that in carrying
out the construction at the National Security Agency East Campus, the
Director of the National Security Agency should prioritize the
consolidation of national intelligence mission activities on such
campus and away from disparate leased facilities in the Washington-
Baltimore region.
(b) Incremental Construction of East Campus Building 3.--
(1) In general.--The Director of the National Security Agency
may provide for the construction of East Campus Building 3, as
authorized in section 2102, in increments, subject to annual
appropriations, except that the total amount expended on the
construction of East Campus Building 3 may not exceed
$775,000,000.
(2) Fiscal year 2019.--The authorization of appropriations
for East Campus Building 3 under section 2102 is an
authorization to proceed with the construction of East Campus
Building 3. The Director of the National Security Agency shall
conduct necessary activities during fiscal year 2019 to avoid
delays in project completion.
(c) Report.--Not later than 180 days after the date of the enactment
of this Act, the Director of the National Security Agency shall submit
to the congressional intelligence committees a plan for the
construction of East Campus Building 4 and East Campus Building 5. Such
plan shall include--
(1) a list of commercial leases in the Washington-Baltimore
region that could be terminated if Congress authorizes the
construction of East Campus Building 4 and East Campus Building
5; and
(2) an analysis of options to accelerate East Campus
construction efforts.
SEC. 2435. ESTABLISHMENT OF ADVISORY BOARD FOR NATIONAL RECONNAISSANCE
OFFICE.
(a) Establishment.--Section 106A of the National Security Act of 1947
(50 U.S.C. 3041a) is amended by adding at the end the following new
subsection:
``(d) Advisory Board.--
``(1) Establishment.--There is established in the National
Reconnaissance Office an advisory board (in this section
referred to as the `Board').
``(2) Duties.--The Board shall--
``(A) study matters relating to the mission of the
National Reconnaissance Office, including with respect
to space, overhead reconnaissance, acquisition, and
other matters; and
``(B) advise and report directly the Director with
respect to such matters.
``(3) Members.--
``(A) Number and appointment.--The Board shall be
composed of 5 members appointed by the Director from
among individuals with demonstrated academic,
government, business, or other expertise relevant to
the mission and functions of the National
Reconnaissance Office.
``(B) Terms.--Each member shall be appointed for a
term of 2 years. Except as provided by subparagraph
(C), a member may not serve more than 3 terms.
``(C) Vacancy.--Any member appointed to fill a
vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be
appointed only for the remainder of that term. A member
may serve after the expiration of that member's term
until a successor has taken office.
``(D) Chair.--The Board shall have a Chair, who shall
be appointed by the Director from among the members.
``(E) Travel expenses.--Each member shall receive
travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions
under subchapter I of chapter 57 of title 5, United
States Code.
``(F) Executive secretary.--The Director may appoint
an executive secretary, who shall be an employee of the
National Reconnaissance Office, to support the Board.
``(4) Meetings.--The Board shall meet not less than
quarterly, but may meet more frequently at the call of the
Director.
``(5) Reports.--Not later than March 31 of each year, the
Board shall submit to the Director and to the congressional
intelligence committees a report on the activities of the Board
during the preceding year.
``(6) Nonapplicability of certain requirements.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply to the
Board.''.
(b) Initial Appointments.--Not later than 180 days after the date of
the enactment of this Act, the Director of the National Reconnaissance
Office shall appoint the initial 5 members to the advisory board under
subsection (d) of section 106A of the National Security Act of 1947 (50
U.S.C. 3041a), as added by subsection (a).
TITLE V--REPORTS AND OTHER MATTERS
SEC. 2501. PUBLIC INTEREST DECLASSIFICATION BOARD.
Section 710(b) of the Public Interest Declassification Act of 2000
(Public Law 106-567; 50 U.S.C. 3161 note) is amended by striking
``2018'' and inserting ``2028''.
SEC. 2502. REPEAL OF CERTAIN REPORTING REQUIREMENTS.
(a) Correcting Long-standing Material Weaknesses.--Section 368 of the
Intelligence Authorization Act for Fiscal Year 2010 (Public Law 110-
259; 50 U.S.C. 3051 note) is hereby repealed.
(b) Annual Report on Interactions Between Intelligence Community and
Entertainment Industry.--Section 308 of the Intelligence Authorization
Act for Fiscal Year 2017 (division N of Public Law 115-31; 131 Stat.
813; 50 U.S.C. 3222) is amended by striking subsection (c).
(c) Declassification Review With Respect to Detainees Transferred
From United States Naval Station, Guantanamo Bay, Cuba.--Section 601 of
such Act (division N of Public Law 115-31; 131 Stat. 827) is hereby
repealed.
(d) Interagency Threat Assessment and Coordination Group.--Section
210D of the Homeland Security Act of 2002 (6 U.S.C. 124k) is amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) through (i) as
subsections (c) through (h), respectively; and
(3) in subsection (c), as so redesignated--
(A) in paragraph (8), by striking ``; and'' and
inserting a period; and
(B) by striking paragraph (9).
(e) Inspector General Report.--Section 8H of the Inspector General
Act of 1978 (5 U.S.C. App.) is amended--
(1) by striking subsection (g); and
(2) by redesignating subsections (h) and (i) as subsections
(g) and (h), respectively.
SEC. 2503. NOTIFICATION OF SIGNIFICANT FOREIGN CYBER INTRUSIONS AND
ACTIVE MEASURES CAMPAIGNS DIRECTED AT ELECTIONS FOR
FEDERAL OFFICES.
(a) Determinations of Significant Foreign Cyber Intrusions and Active
Measures Campaigns.--The Director of National Intelligence, the
Director of the Federal Bureau of Investigation, and the Secretary of
Homeland Security shall jointly carry out subsection (b) if such
Directors and the Secretary jointly determine--
(1) that on or after the date of the enactment of this Act, a
significant foreign cyber intrusion or active measures campaign
intended to influence an upcoming election for any Federal
office has occurred or is occurring; and
(2) with moderate or high confidence, that such intrusion or
campaign can be attributed to a foreign state or to a foreign
nonstate person, group, or other entity.
(b) Briefing.--
(1) In general.--Not later than 14 days after making a
determination under subsection (a), the Director of National
Intelligence, the Director of the Federal Bureau of
Investigation, and the Secretary of Homeland Security, shall
jointly provide a briefing to the congressional leadership, the
congressional intelligence committees and, consistent with the
protection of sources and methods, the other appropriate
congressional committees. The briefing shall be classified and
address, at a minimum, the following:
(A) A description of the significant foreign cyber
intrusion or active measures campaign, as the case may
be, covered by the determination.
(B) An identification of the foreign state or foreign
nonstate person, group, or other entity, to which such
intrusion or campaign has been attributed.
(C) The desirability and feasibility of the public
release of information about the cyber intrusion or
active measures campaign.
(D) Any other information such Directors and the
Secretary jointly determine appropriate.
(2) Electronic election infrastructure briefings.--With
respect to a significant foreign cyber intrusion covered by a
determination under subsection (a), the Secretary of Homeland
Security, in consultation with the Director of National
Intelligence and the Director of the Federal Bureau of
Investigation, shall offer to the owner or operator of any
electronic election infrastructure directly affected by such
intrusion, a briefing on such intrusion, including steps that
may be taken to mitigate such intrusion. Such briefing may be
classified and made available only to individuals with
appropriate security clearances.
(3) Protection of sources and methods.--This subsection shall
be carried out in a manner that is consistent with the
protection of sources and methods.
(c) Definitions.--In this section:
(1) Active measures campaign.--The term ``active measures
campaign'' means a foreign semi-covert or covert intelligence
operation.
(2) Candidate, election, and political party.--The terms
``candidate'', ``election'', and ``political party'' have the
meanings given those terms in section 301 of the Federal
Election Campaign Act of 1971 (52 U.S.C. 30101).
(3) Congressional leadership.--The term ``congressional
leadership'' includes the following:
(A) The majority leader of the Senate.
(B) The minority leader of the Senate.
(C) The Speaker of the House of Representatives.
(D) The minority leader of the House of
Representatives.
(4) Cyber intrusion.--The term ``cyber intrusion'' means an
electronic occurrence that actually or imminently jeopardizes,
without lawful authority, electronic election infrastructure,
or the integrity, confidentiality, or availability of
information within such infrastructure.
(5) Electronic election infrastructure.--The term
``electronic election infrastructure'' means an electronic
information system of any of the following that is related to
an election for Federal office:
(A) The Federal Government.
(B) A State or local government.
(C) A political party.
(D) The election campaign of a candidate.
(6) Federal office.--The term ``Federal office'' has the
meaning given that term in section 301 of the Federal Election
Campaign Act of 1971 (52 U.S.C. 30101).
(7) High confidence.--The term ``high confidence'', with
respect to a determination, means that the determination is
based on high-quality information from multiple sources.
(8) Moderate confidence.--The term ``moderate confidence'',
with respect to a determination, means that a determination is
credibly sourced and plausible but not of sufficient quality or
corroborated sufficiently to warrant a higher level of
confidence.
(9) Other appropriate congressional committees.--The term
``other appropriate congressional committees'' means--
(A) the Committee on Armed Services and the Committee
on Homeland Security and Governmental Affairs of the
Senate; and
(B) the Committee on Armed Services and the Committee
on Homeland Security of the House of Representatives.
SEC. 2504. REPORTS ON INTELLIGENCE COMMUNITY LOAN REPAYMENT AND RELATED
PROGRAMS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) there should be established, through the issuing of an
Intelligence Community Directive or otherwise, an intelligence
community-wide program for student loan repayment, student loan
forgiveness, financial counseling, and related matters, for
employees of the intelligence community;
(2) creating such a program would enhance the ability of the
elements of the intelligence community to recruit, hire, and
retain highly qualified personnel, including with respect to
mission-critical and hard-to-fill positions;
(3) such a program, including with respect to eligibility
requirements, should be designed so as to maximize the ability
of the elements of the intelligence community to recruit, hire,
and retain highly qualified personnel, including with respect
to mission-critical and hard-to-fill positions; and
(4) to the extent possible, such a program should be uniform
throughout the intelligence community and publicly promoted by
each element of the intelligence community to both current
employees of the element as well as to prospective employees of
the element.
(b) Report on Potential Intelligence Community-wide Program.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of National
Intelligence, in cooperation with the heads of the elements of
the intelligence community and the heads of any other
appropriate department or agency of the Federal Government,
shall submit to the congressional intelligence committees a
report on potentially establishing and carrying out an
intelligence community-wide program for student loan repayment,
student loan forgiveness, financial counseling, and related
matters, as described in subsection (a).
(2) Matters included.--The report under paragraph (1) shall
include, at a minimum, the following:
(A) A description of the financial resources that the
elements of the intelligence community would require to
establish and initially carry out the program specified
in paragraph (1).
(B) A description of the practical steps to establish
and carry out such a program.
(C) The identification of any legislative action the
Director determines necessary to establish and carry
out such a program.
(c) Annual Reports on Established Programs.--
(1) In general.--The Director of National Intelligence shall
annually submit to the congressional intelligence committees a
report on the covered programs. Each such report shall include,
with respect to the period covered by the report, the
following:
(A) The number of personnel from each element of the
intelligence community who used each covered program.
(B) The total amount of funds each element expended
for each such program.
(C) A description of the efforts made by each element
to promote each covered program pursuant to both the
personnel of the element of the intelligence community
and to prospective personnel.
(2) Covered programs defined.--In this subsection, the term
``covered programs'' means any loan repayment program, loan
forgiveness program, financial counseling program, or similar
programs, established pursuant to title X of the National
Security Act of 1947 (50 U.S.C. 3191 et seq.) or any other
provision of law that may be administered or used by an element
of the intelligence community.
SEC. 2505. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON SENIOR
EXECUTIVES OF THE OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE.
(a) Report.--Not later than 180 days after the date of the enactment
of this Act, the Comptroller General of the United States shall submit
to the congressional intelligence committees a report on the number of
Senior Executive Service positions in the Office of the Director of
National Intelligence.
(b) Matters Included.--The report under subsection (a) shall include
the following:
(1) The number of required Senior Executive Service positions
for the Office of the Director of National Intelligence.
(2) Whether such requirements are reasonably based on the
mission of the Office.
(3) A discussion of how the levels of the Senior Executive
Service positions in the Office compare to the number of senior
positions at other elements of the intelligence community.
(c) Cooperation.--The Director of National Intelligence shall provide
to the Comptroller General any information requested by the Comptroller
General to carry out this section by not later than 5 business days
after the date on which the Comptroller General makes such request.
(d) Senior Executive Service Position Defined.--In this section, the
term ``Senior Executive Service position'' has the meaning given that
term in section 3132(a)(2) of title 5, United States Code, and includes
any position above the GS-15, step 10, level of the General Schedule
under section 5332 of such title.
SEC. 2506. BRIEFINGS ON COUNTERINTELLIGENCE ACTIVITIES OF THE FEDERAL
BUREAU OF INVESTIGATION.
(a) Quarterly Briefings.--Not later than 90 days after the date of
the enactment of this Act, and on a quarterly basis thereafter, the
Director of the Federal Bureau of Investigation shall provide to the
congressional intelligence committees a briefing on the
counterintelligence activities of the Federal Bureau of Investigation.
Such briefings shall include, at a minimum, an overview and update of--
(1) the counterintelligence posture of the Bureau;
(2) matters of counterintelligence concern; and
(3) any other information relating to the counterintelligence
activities of the Bureau that the Director determines necessary
to keep the congressional intelligence committees fully and
currently informed as required by section 501 of the National
Security Act of 1947 (50 U.S.C. 3091).
(b) Guidelines.--The Director, in coordination with the Attorney
General and in consultation with the congressional intelligence
committees, shall develop guidelines governing the scope of the
briefings provided under subsection (a).
SEC. 2507. BRIEFING ON FBI OFFERING PERMANENT RESIDENCE TO SOURCES AND
COOPERATORS.
Not later than 30 days after the date of the enactment of this Act,
the Director of the Federal Bureau of Investigation shall provide to
the congressional intelligence committees a briefing on the ability of
the Federal Bureau of Investigation to offer, as an inducement to
assisting the Bureau, permanent residence within the United States to
foreign individuals who are sources or cooperators in
counterintelligence or other national security-related investigations.
The briefing shall address the following:
(1) The extent to which the Bureau may make such offers,
whether independently or in conjunction with other agencies and
departments of the United States Government, including a
discussion of the authorities provided by section 101(a)(15)(S)
of the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(S)), section 7 of the Central Intelligence Agency
Act (50 U.S.C. 3508), and any other provision of law under
which the Bureau may make such offers.
(2) An overview of the policies and operational practices of
the Bureau with respect to making such offers.
(3) The sufficiency of such policies and practices with
respect to inducing individuals to cooperate with, serve as
sources for such investigations, or both.
(4) Whether the Director recommends any legislative actions
to improve such policies and practices, particularly with
respect to the counterintelligence efforts of the Bureau.
SEC. 2508. TECHNICAL AND CLERICAL AMENDMENTS TO THE NATIONAL SECURITY
ACT OF 1947.
(a) Table of Contents.--The table of contents at the beginning of the
National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended--
(1) by inserting after the item relating to section 2 the
following new item:
``Sec. 3. Definitions.'';
(2) by striking the item relating to section 107;
(3) by striking the item relating to section 113B and
inserting the following new item:
``Sec. 113B. Special pay authority for science, technology,
engineering, or mathematics positions.'';
(4) by striking the items relating to sections 202, 203, 204,
208, 209, 210, 211, 212, 213, and 214; and
(5) by inserting after the item relating to section 311 the
following new item:
``Sec. 312. Repealing and saving provisions.''.
(b) Other Technical Corrections.--Such Act is further amended--
(1) in section 102A--
(A) in subparagraph (G) of paragraph (1) of
subsection (g), by moving the margins of such
subparagraph 2 ems to the left; and
(B) in paragraph (3) of subsection (v), by moving the
margins of such paragraph 2 ems to the left;
(2) in section 106--
(A) by inserting ``sec. 106'' before ``(a)''; and
(B) in subparagraph (I) of paragraph (2) of
subsection (b), by moving the margins of such
subparagraph 2 ems to the left;
(3) by striking section 107;
(4) in section 108(c), by striking ``in both a classified and
an unclassified form'' and inserting ``to Congress in
classified form, but may include an unclassified summary'';
(5) in section 112(c)(1), by striking ``section 103(c)(7)''
and inserting ``section 102A(i)'';
(6) by amending section 201 to read as follows:
``SEC. 201. DEPARTMENT OF DEFENSE.
``Except to the extent inconsistent with the provisions of this Act
or other provisions of law, the provisions of title 5, United States
Code, shall be applicable to the Department of Defense.'';
(7) in section 205, by redesignating subsections (b) and (c)
as subsections (a) and (b), respectively;
(8) in section 206, by striking ``(a)'';
(9) in section 207, by striking ``(c)'';
(10) in section 308(a), by striking ``this Act'' and
inserting ``sections 2, 101, 102, 103, and 303 of this Act'';
(11) by redesignating section 411 as section 312;
(12) in section 503--
(A) in paragraph (5) of subsection (c)--
(i) by moving the margins of such paragraph 2
ems to the left; and
(ii) by moving the margins of subparagraph
(B) of such paragraph 2 ems to the left; and
(B) in paragraph (2) of subsection (d), by moving the
margins of such paragraph 2 ems to the left; and
(13) in subparagraph (B) of paragraph (3) of subsection (a)
of section 504, by moving the margins of such subparagraph 2
ems to the right.
Purpose
The purpose of H.R. 6237 is to authorize the intelligence
and intelligence-related activities of the United States
Government for Fiscal Years 2018 and 2019. These activities
enhance the national security of the United States, support and
assist the armed forces of the United States, and support the
President in the execution of the foreign policy of the United
States.
Classified Annexes and Committee Intent
The classified annexes to this report include the
classified schedule of authorizations and associated
explanatory language for fiscal years 2018 and 2019. The
classified annexes are an integral part of this legislation.
Each classified annex contains thorough discussions of the
issues underlying the funding authorizations found in the
classified schedules of authorizations. All intelligence
programs discussed in the classified annexes to this report
will follow the guidance and limitations set forth therein. The
classified schedule of authorizations is incorporated directly
into this legislation by virtue of Sections 1102 and 2102,
respectively. The classified annexes are available for review
by all Members of the House of Representatives, subject to the
requirements of clause 13 of rule XXIII of the Rules of the
House of Representatives and rule 14 of the Rules of Procedure
for the House Permanent Select Committee on Intelligence.
Scope of Committee Review
The bill authorizes U.S. intelligence and intelligence-
related activities within the jurisdiction of the Committee,
including the National Intelligence Program (NIP) and the
Military Intelligence Program (MIP), the Homeland Security
Intelligence Program (HSIP), and the Information Systems
Security Program (ISSP). The NIP consists of activities of the
Office of the Director of National Intelligence and Central
Intelligence Agency, as well as intelligence, intelligence-
related, and counterintelligence activities conducted by: the
Department of Defense, including the Defense Intelligence
Agency, the National Security Agency, the National Geospatial-
Intelligence Agency, the National Reconnaissance Office, and
certain activities of the Departments of the Army, Navy, and
Air Force; the Department of Energy; the Department of Justice,
including the Federal Bureau of Investigation and the Drug
Enforcement Administration; the Department of Homeland
Security, including the U.S. Coast Guard and intelligence
elements of DHS; Department of State; and the Department of the
Treasury.
Committee Statement and Views
H.R. 6237, the Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018 and 2019 (the Act)
authorizes the activities of, and funding for, the 17 agencies
that comprise the U.S. Intelligence Community (IC). These
activities include: deterring nation state adversaries like
Russia and China; countering proliferators of weapons of mass
destruction; defeating the Islamic State of Iraq and Syria
(ISIS) and other terrorist groups; defending against world-wide
cyber-attacks; and protecting the Homeland from overseas
threats.
The Act authorizes the resources necessary to face these
challenges and provides for needed future capabilities. The
total funding levels authorized by the classified Schedule of
Authorizations are slightly above the Administration's budget
request, balancing fiscal discipline and national security.
However, the Committee remains concerned that the funding
levels specified under current law for Fiscal Year 2020 and
beyond could prevent the IC from fully carrying out its
missions at a time when the United States and its allies face
increasingly complex security challenges.
The provisions of the Act consist of changes to statute and
direction to the IC to enable effective, efficient, and
constitutional intelligence activities. Because most of the
intelligence budget involves classified programs, the bulk of
the Committee's recommendations each year are found in the
classified annex accompanying the bill. H.R. 6237 funds high-
priority initiatives not included in the President's budget
request, trims requested increases that lack clear
justifications, and reflects the Committee's determinations of
which programs represent the best value for intelligence
dollars.
Ultimately, H.R. 6237 ensures that during fiscal years 2018
and 2019, the dedicated men and women of the IC have the
funding, authorities, and support they need to carry out their
mission and keep America safe, while ensuring accountability
and strict oversight of intelligence programs and activities.
The Act is divided into two divisions: Division A and
Division B, which contain the FY18 and FY19 Intelligence
Authorization Acts, respectively.
Division A: FY18 Intelligence Authorization Act
Management of the intelligence community workforce
The Committee repeats direction from the Intelligence
Authorization Act for Fiscal Year 2017 that the IC elements
should build, develop, and maintain a workforce appropriately
balanced among its civilian, military, and contractor employees
to meet the missions assigned to it in law and by the
president. Starting in fiscal year 2019, the Committee will no
longer include position ceilings in the annual Schedule of
Authorizations.
Section 1103 of the Act includes authority for IC elements
to adjust personnel ceilings by three percent, and by ten
percent specifically for the purpose of contractor conversions.
These flexibilities are temporary management tools that will
cease in Fiscal Year 2019, when the IC fully implements the
multi-sector workforce initiative.
The Committee looks forward to working with the Office of
the Director of National Intelligence (ODNI) as it issues
implementation guidelines, sets standards for workforce cost
analysis tools, and ensures that Congress retains sufficient
insight into IC personnel resources. The Committee also looks
forward to working with IC elements as they develop
implementation strategies, assess the optimal workforce mix,
and use internal controls to validate their workforce
decisions.
Foreign service officer tour lengths
Committee members and staff frequently meet with foreign
service officers worldwide during oversight travel and
recognize the difficulties faced by the Department of State in
staffing embassies and consulates with officers with the
necessary language and cultural expertise. The Committee
believes that the current standard tour length for foreign
service officers exacerbates these challenges by moving
officers with significant language and cultural experience
after only two years of service in each country, and therefore
must be lengthened. The Committee further believes that the
Department of State could achieve significant cost savings by
reducing the number of permanent-changes-of-station and
extending the tour length of officers overseas.
Therefore, consistent with H.R. 6271, The Foreign Service
Optimization Act of 2016, introduced by Chairman Nunes in the
114th Congress, Section 1501 of the Act amends the Foreign
Service Act of 1980 to permit the Secretary of State to allow
foreign service officers to serve at an overseas post for a
period of not more than six consecutive years. In addition, it
requires the Secretary of State, with the assistance of other
relevant officials, to require all members of the foreign
service who receive language training in Arabic, Farsi, Chinese
(Mandarin or Cantonese), Turkish, Korean, and Japanese to serve
three successive tours in positions in which the acquired
language is both relevant and determined to be a benefit to the
Department of State--though the Secretary of State may waive
that requirement for medical or family hardship reasons, or in
the interest of national security.
Unauthorized disclosures of classified information
The Committee is concerned by the widespread, recent media
reports that purport to contain unauthorized disclosures of
classified information. Protecting the nation's secrets from
unauthorized disclosure is essential to safeguarding our
nation's intelligence sources and methods. An unlawful
disclosure of classified information can destroy sensitive
collection capabilities and endanger American lives, including
those individuals who take great personal risks to assist the
United States in collecting vital foreign intelligence.
Federal law prohibits the unauthorized disclosure of
classified information, but enforcement is often lacking or
inconsistent. Accordingly, the Committee desires to better
understand the number of potential unauthorized disclosures
discovered and investigated on a routine basis. Moreover, the
Committee has little visibility into the number of
investigations initiated by each IC agency or the number of
criminal referrals to the Department of Justice. Accordingly,
Section 1509 of the Act requires all IC agencies to provide the
congressional intelligence committee with a semi-annual report
of the number of investigations of unauthorized disclosures to
journalists or media organizations, including subsequent
referrals to the Attorney General.
Additionally, the Committee wishes to better understand the
role of Inspectors General (IGs) within elements of the IC,
with respect to unauthorized disclosures of classified
information at those elements.
Therefore, the Committee directs the IC IG, within 180 days
of enactment of this Act, to provide the congressional
intelligence committees with a report regarding the role of IGs
with respect to investigating unauthorized disclosures. The
report shall address: the roles of IC elements' security
personnel and law enforcement regarding unauthorized
disclosures; the current role of IGs within IC elements
regarding such disclosures; what, if any, specific actions
could be taken by such IGs to increase their involvement in the
investigation of such matters; any laws, rules or procedures
that currently prevent IGs from increasing their involvement;
and the benefits and drawbacks of increased IG involvement, to
include potential impacts to IG's roles and missions.
Presidential Policy Guidance
The Presidential Policy Guidance (PPG) dated May 22, 2013,
and entitled ``Procedures for Approving Direct Action Against
Terrorist Targets Located Outside the United States and Areas
of Active Hostilities'' provides for the participation by
elements of the IC in reviews of certain proposed
counterterrorism operations. The Committee desires to remain
fully and currently informed about the status of the PPG and
its implementation.
Therefore, the Committee directs ODNI, within five days of
any change to the PPG, or to any successor policy guidance, to
submit to the congressional intelligence committees a written
notification thereof, that shall include a summary of the
change and the specific legal and policy justification(s) for
the change.
Centers for Academic Excellence
The Committee commends the commitment demonstrated by
ODNI's Centers for Academic Excellence (CAE) program managers,
IC agencies that sponsored CAE interns, and all other personnel
who contributed to making the inaugural edition of the CAE
Internship Program a reality in summer 2017.
The Committee expects the CAE Program to build on this
foundation by showing measurable, swift progress, and
ultimately fulfilling Congress's intent that the Program serve
as a pipeline of the next generation of IC professionals.
Therefore, the Committee directs that the IC take all
viable action to expand the CAE Program by increasing, to the
fullest extent possible:
1. The number and racial and gender diversity of CAE
interns;
2. The number of CAE academic institutions and their
qualified internship candidates participating in the
Program; and
3. The number of IC elements that sponsor CAE
interns.
Report on violent extremist groups
Violent extremist groups like ISIS continue to exploit the
Internet for nefarious purposes: to inspire lone wolves; to
spread propaganda; to recruit foreign fighters; and to plan and
publicize atrocities. As the former Director of the National
Counterterrorism Center (NCTC) has stated publicly:
[W]e need to counter our adversaries' successful use
of social media platforms to advance their propaganda
goals, raise funds, recruit, coordinate travel and
attack plans, and facilitate operations. . . . Our
future work must focus on denying our adversaries the
capability to spread their messages to at-risk
populations that they can reach through the use of
these platforms.
Section 403 of the Intelligence Authorization Act for
Fiscal Year 2017 required the Director of National Intelligence
(DNI), consistent with the protection of sources and methods,
to assist public and private sector entities in recognizing
online violent extremist content--specifically, by making
publicly available a list of insignias and logos associated
with foreign extremist groups designated by the Secretary of
State. The Committee believes the IC can take further steps.
Therefore, the Committee directs the Director of NCTC, in
coordination with appropriate other officials designated by the
DNI, within 180 days of enactment of this Act, to brief the
congressional intelligence committees on options for a pilot
program to develop and continually update best practices for
private technology companies to quickly recognize and lawfully
take down violent extremist content online.
Such briefing shall address:
1. The feasibility, risks, costs, and benefits of
such a program;
2. The U.S. Government agencies and private sector
entities that would participate; and
3. Any additional authorities that would be required
by the program's establishment.
South China Sea
The South China Sea is an area of great geostrategic
importance to the United States and its allies. However,
China's controversial territorial claims and other actions
stand to undercut international norms and erode the region's
stability. It is thus imperative the United States uphold
respect for international law in the South China Sea.
Fulfilling that objective in turn will require an optimal
intelligence collection posture.
Therefore, the Committee directs the Department of Defense
(DoD), in coordination with DNI, within 30 days of enactment of
this Act, to brief the congressional intelligence and defense
committees on known intelligence collection gaps, if any, with
respect to adversary operations and aims in the South China
Sea. The briefing shall identify the gaps and whether those
gaps are driven by lack of access, lack of necessary collection
capabilities or legal or policy authorities, or by other
factors. The briefing shall also identify IC judgments that
assess which intelligence disciplines would be best-suited to
answer the existing gaps, and current plans to address the gaps
over the Future Years Defense Program.
Improving analytic automation
The Committee continues to support IC and DoD efforts to
gather, analyze, manage, and store large amounts of
intelligence, surveillance, and reconnaissance (ISR) data from
remote sources. One such effort is the National Geospatial-
Intelligence Agency (NGA) program called Expeditionary Large
Data Object Repository for Analytics in Deployed Operations.
Managing data by making information discoverable to analysts
across the globe while reducing storage and analytical access
costs are critical steps in the IC and DoD's efforts to
leverage commercial best practices in big data analytics. While
NGA is at the forefront of such efforts, the Committee is
concerned by DoD and IC's slow pace in developing formal
requirements for big data analytic capabilities.
The Committee understands DoD faces significant challenges
in addressing combatant commanders' ISR requirements, and DoD
is investing in new collection capabilities that are producing
growing volumes of data. However, investments in ground
processing, automation, and alert functions have not kept pace.
For example, wide area motion imagery collection capabilities
have evolved with technology and are producing extremely
valuable ISR data, but processing and integration of this data
is labor intensive. DoD continues to struggle to apply
commercially-available data analysis and machine learning
capabilities. The Committee recognizes that DoD's processing,
exploitation and dissemination (PED) shortfalls cannot be
addressed without integrating commercial data processing and
access techniques, and automating as much of the PED workflow
as possible.
Therefore, the Committee directs the Under Secretary of
Defense for Intelligence (USD(I)), in coordination with the
Secretary of the Army, Secretary of the Air Force, Secretary of
the Navy, and the DNI, no later than December 1, 2018, brief
the congressional intelligence and defense committees on
efforts that allow for rapid adoption of data storage, access,
and automated processing and machine learning technologies and
techniques.
Project MAVEN
There has been exponential growth in the volume of data
available for DoD intelligence professionals to manage,
process, exploit, and disseminate. Analysts are in dire need of
tools that will support simultaneous access to, and analysis
of, data from a multitude of sources and disciplines.
The massive quantities of available digital data hold
significant promise for improving data analytics, producing
more actionable intelligence, and contributing to the
employment of a more lethal force. It is critical that DoD
invest in new technologies that will bring artificial
intelligence, deep learning, and computer vision to streamline
the process of object detection, identification, and tracking--
and allow analysts to focus their valuable cognitive capacity
on the hardest and highest priority problems.
The Committee believes Project MAVEN provides DoD with a
critical path to the integration of big data, artificial
intelligence, and machine learning across the full spectrum of
military intelligence to ensure our warfighters maintain
advantages over increasingly capable adversaries. Although DoD
has taken tentative steps to explore the potential of
artificial intelligence, big data, deep learning, and machine
learning, the Committee believes Project MAVEN will accelerate
DoD's efforts to turn the enormous volume of data available to
analysts into actionable intelligence.
Therefore, the Committee directs the Secretary of Defense,
in coordination with NGA and other relevant IC and DoD
agencies, within 90 days of enactment of this Act, to brief the
congressional intelligence and defense committees on Project
MAVEN. Such briefing shall address:
1. Schedule and strategy for labeling classified and
unclassified data;
2. Algorithm development, production, and deployment
strategy;
3. Coordination of integration efforts with other DoD
and IC elements;
4. Plan to implement the technologies developed by
Project MAVEN technology throughout the defense
intelligence enterprise;
5. Additional areas this technological advance can be
implemented; and
6. Validated funding requirements and efforts that
ensure spending practices are focused and efficient.
Report on geospatial commercial activities for basic and applied
research and development
The Committee directs the Director of NGA, in coordination
with the DNI, the Director of the Central Intelligence Agency
(CIA), and the Director of the National Reconnaissance Office
(NRO), within 90 days of enactment of this Act, to submit to
the congressional intelligence and defense committees a report
on the feasibility, risks, costs, and benefits of providing the
private sector and academia, on a need-driven and limited
basis--consistent with the protection of sources and methods,
as well as privacy and civil liberties--access to data in the
possession of the NGA for the purpose of assisting the efforts
of the private sector and academia in basic research, applied
research, data transfers, and the development of automation,
artificial intelligence, and associated algorithms. Such report
shall include:
1. Identification of any additional authorities the
Director of NGA would require to provide the private
sector and academia with access to relevant data on a
need-driven and limited basis, consistent with
applicable laws and procedures relating to the
protection of sources, methods, privacy and civil
liberties; and
2. Market research to assess the commercial and
academic interest in such data and determine likely
private-sector entities and institutions of higher
education interested in public-private partnerships
relating to such data.
Military Occupational Specialty-to-Degree program
The Committee supports the Military Occupational Specialty
(MOS)-to-Degree program, which is an innovative framework that
enables enlisted Marines to receive credits towards an
associate's or a bachelor's degree while earning required MOS
credentials. The program partners with colleges and
universities to map a Marine's experience and training to
equivalent credit, and provides Marines with an awareness of
tuition assistance and scholarship programs to enable them to
complete the remaining credits towards their degree. The
Committee encourages the Marine Corps to expand the MOS-to-
Degree program through further curriculum development and
enhanced management of the program.
Therefore, the Committee directs the Marine Corps
Intelligence Activity (MCIA), within 90 days of the enactment
of this Act, to brief the congressional intelligence and
defense committees on the Marine Corps' progress towards
expanding the MOS-to-Degree program.
Unmanned aircraft system pilot retention
The Committee supports the Marine Corps' vision to grow a
more diverse, lethal, amphibious, and middleweight
expeditionary force by leveraging emerging technologies,
particularly in the area of unmanned and manned-unmanned
teaming. Additionally, the Committee is enthusiastic about the
Marine Corps' efforts to equip operating forces down to the
squad level with a Small Unit Remote Scouting System Family of
Small Unmanned Aerial Systems (UAS) capable of operating in all
weather conditions across the full spectrum of conflict. The
Committee is also aware of the service's concept for a Marine
Air Ground Task Force Unmanned Expeditionary (MUX) capability.
However, the Committee is concerned with the projected cost
and delays associated with developing this new technology and
believes the Marine Corps is ill-prepared to address the
growing deficiency in expertise and the manpower challenges
that will accompany expansion of the unmanned fleet. Based on
observations of the Air Force's and Army's efforts, the
Committee believes the Marine Corps' UAS programs will
experience pilot and maintainer shortages based on inadequate
training, lack of reliable equipment, and the absence of
incentive.
Therefore, the Committee directs the Deputy Commandant of
Aviation, within 120 days of enactment of this Act, to brief
the congressional intelligence and defense committees on
potential interim solutions to the gap exposed by the long
development time for MUX. Such briefing should also address the
Marine Corps' UAS talent management plan, including a strategy
for pilot retention and a plan to unify unmanned training that
will build a base of instructors and encourage the
professionalism of the community.
Remotely piloted aircraft training strategy
Consistent with the directive language found in the
committee report accompanying H.R. 2810, the House Armed
Services Committee (HASC)-passed FY 2018 National Defense
Authorization Act (NDAA) (H. Rept. 115-200), the Committee
directs the Secretary of the Air Force, no later than September
28, 2018, to brief the congressional intelligence and defense
committees on the Air Force's approach to remotely piloted
aircraft (RPA) aircrew training, with a particular focus on how
the Air Force plans to field simulator capability and training
capacity among active and reserve component units supporting
RPA operations.
Wide-area motion imagery intelligence capability
Consistent with the directive language found in the
committee report accompanying H.R. 2810, the HASC-passed FY
2018 NDAA (H. Rept. 115-200), the Committee directs the
Secretary of the Air Force no later than March 1, 2019, to
provide to the congressional intelligence and defense
committees a report that describes in detail the lifecycle
weapon system sustainment and modernization strategy for
maintaining an enduring wide-area motion imagery capability for
the geographic combatant commanders.
MQ-4C Triton unmanned aircraft system
Consistent with the directive language found in the
committee report accompanying H.R. 2810, the HASC-passed FY
2018 NDAA (H. Rept. 115-200), the Committee directs the
Secretary of the Navy, no later than November 15, 2018, to
brief the congressional intelligence and defense committees on
MQ-4C mission execution and tasking, collection, processing,
exploitation, and dissemination (TCPED) processes. The briefing
shall include or explain:
1. A framework description of the manning, equipping,
and training requirements for the MQ-4C system;
2. A description of the baseline architecture of the
mission support infrastructure required to support MQ-
4C operations;
3. How the Navy plans to support and execute the
TCPED processes;
4. How the Navy plans to support flying operations
from either line-of-sight or beyond-line-of-sight
locations;
5. How many aircraft the Navy plans to dedicate
annually to the ISR Global Force Management Allocation
Process of the DoD; and
6. How many hours of collection the MQ-4C will be
able to provide annually in each of the intelligence
disciplines for combatant commanders.
E-8C joint surveillance and target attack radar system
Consistent with the directive language found in the
committee report accompanying H.R. 2810, the HASC-passed FY
2018 NDAA (H. Rept. 115-200), the Committee directs the
Secretary of the Air Force, no later than March 1, 2019, to
provide to the congressional intelligence and defense
committees a report that explains in detail all aspects of how
and when the Air Force will transition from legacy Joint
Surveillance and Target Attack Radar System (JSTARS) aircraft
capability to JSTARS recapitalization aircraft capability.
Acceleration of Increment 2 of Warfighter Information Network-Tactical
program
Consistent with Section 111 of H.R. 2810, the HASC-passed
FY 2018 NDAA, the Committee directs the Secretary of the Army,
no later than January 30, 2019, to submit to the congressional
intelligence and defense committees a report detailing
potential options for the acceleration of procurement and
fielding of the Warfighter Information Network-Tactical
Increment 2 program.
Cost-benefit analysis of upgrades to MQ-9
Consistent with Section 134 of H.R. 2810, the HASC-passed
FY 2018 NDAA, the Committee directs the Secretary of Defense,
in coordination with the Secretary of the Air Force, within 180
days of enactment of this Act, to provide the congressional
intelligence and defense committees an analysis that compares
the costs and benefits of the following:
1. Upgrading fielded MQ-9 Reaper aircraft to a Block
5 configuration; and
2. Proceeding with the procurement of MQ-9B aircraft
instead of upgrading fielded MQ-9 Reaper aircraft to a
Block 5 configuration.
Limitation on divestment of U-2 or RQ-4 aircraft
The Committee recognizes that both piloted U-2 Dragon Lady
and the remotely piloted RQ-4 Global Hawk fleets of aircraft
provide essential and extremely sought after high-altitude
airborne ISR capabilities for geographic combatant commanders.
These platforms have been viewed as competitors for resources,
with stakeholders trying to decide which should remain within
the Air Force inventory for the long-term.
Although the U-2 and RQ-4 have differing attributes that
may make one platform preferable depending on requirements,
maintaining both platforms provides critical, complementary
capabilities within DoD's portfolio of high-altitude ISR
assets. Furthermore, retiring either aircraft would exacerbate
an existing and significant capability shortfall in meeting
combatant commanders' requirements.
The Committee expects the Secretary of the Air Force to
continue current and future modernization efforts and upgrades
for the U-2 and RQ-4 to increase capability, generate synergy,
and foster commonality within the high-altitude airborne ISR
portfolio. The Committee discourages the Secretary of the Air
Force or the Chief of Staff of the Air Force from planning in
the future or proposing to Congress any aircraft retirement
that would create an ISR capability deficit or capacity
shortfalls from existing levels until a sufficient replacement
reaches full operational capability.
Therefore, consistent with Section 1034 of H.R. 2810, the
HASC-passed FY 2018 NDAA, the Committee directs that none of
the funds authorized to be appropriated by the Act, or
otherwise made available for the DoD for any fiscal year before
Fiscal Year 2024, may be obligated or expended to prepare to
divest, place in storage, or place in a status awaiting further
disposition of the possessing commander any U-2 or RQ-4
aircraft for the DoD. This prohibition shall not apply to an
individual U-2 or RQ-4 aircraft that the Secretary of the Air
Force determines, on a case-by-case basis, to be non-returnable
to flying service due to any mishap, other damage, or being
uneconomical to repair.
Nonconventional assisted recovery
Consistent with Section 1053 of H.R. 2810, the HASC-passed
FY 2018 NDAA, the Committee directs the Secretary of Defense,
no later than March 1, 2019, to submit to the congressional
intelligence and defense committees the written review and
assessment of personnel recovery and nonconventional assisted
recovery programs. The assessment shall include:
1. An overall strategy defining personnel recovery
and nonconventional assisted recovery programs and
activities, including how such programs and activities
support the requirements of the geographic combatant
commanders;
2. A comprehensive review and assessment of statutory
authorities, policies, and interagency coordination
mechanisms, including limitations and shortfalls, for
personnel recovery and nonconventional assisted
recovery programs and activities;
3. A comprehensive description of current and
anticipated future personnel recovery and
nonconventional assisted recovery requirements across
the Future Years Defense Program, as validated by the
Joint Staff; and
4. An overview of validated current and expected
future force structure requirements necessary to meet
near-, mid-, and long-term personnel recovery and
nonconventional assisted recovery programs and
activities of the geographic combatant commanders.
The Committee further directs the Comptroller General of
the United States, within 90 days of the date on which the
assessment is submitted, to submit to the congressional
intelligence and defense committees a review of such
assessment.
Division B: FY19 Intelligence Authorization Act
Policy on minimum insider threat standards
Executive Order 13587 and the National Insider Threat Task
Force established minimum insider threat standards. Such
standards are required for the responsible sharing and
safeguarding of classified information on computer networks
while ensuring consistent, appropriate protections for privacy
and civil liberties. The Committee understands there are
policies in place to attempt implementation of such standards;
however, the Committee has found that several elements of the
IC have not fully implemented such standards. Therefore, given
the several high-profile insider threat issues, the Committee
emphasizes the importance of such minimums by statutorily
requiring the DNI to establish a policy on minimum insider
threat standards, and IC elements should expeditiously
establish their own policies and implement the DNI guidance.
Further, consistent with the directive language found in
the committee report accompanying H.R. 5515, the HASC-passed FY
2019 NDAA, the Committee directs the Chief Management Officer
to provide a briefing to the House Committee on Armed Services
and the House Permanent Select Committee on Intelligence by
November 1, 2018, on the outcomes of its cost and technical
analyses required by this report, and the Department's efforts
to implement enterprise-wide programs and policies for insider
threat detection, user activity monitoring, and cyber-attack
detection and remediation.
Intelligence Community Information Technology Environment
The Committee remains supportive of the goals of
Intelligence Community Information Technology Environment (IC
ITE) and the importance of the common, secure sharing
infrastructure it creates. The Committee further understands
that the path to implement a complex, technical environment
such as IC ITE needs to be sufficiently flexible and agile.
However, the Committee remains concerned with the lack of
consistency and substance in previous reports and briefings on
IC ITE. Therefore, Section 2307 statutorily requires a long-
term roadmap, business plan, and security plan that shall be
reported to the Committee at least quarterly with additional
notifications as necessary.
Intelligence Community Chief Financial Officer
The Chief Financial Officers (CFO) Act of 1990 mandated
best practices for decision-making and accountability, as well
as improved decision-makers' access to reliable and timely
financial and performance information. The CFO Act, as amended,
requires that the chief financial officers of 24 departments
and agencies ``report directly to the head of the agency
regarding financial management matters.'' Section 2401 brings
the ODNI in line with the best practices implemented in the CFO
Act.
Intelligence Community Chief Information Officer
As codified in 44 U.S.C. 3506(a)(1)(A), each federal agency
head is responsible for ``carrying out the information
resources management activities to improve agency productivity,
efficiency, and effectiveness.'' Accordingly, Section 2402
expresses the Committee's intent to emphasize the importance of
the IC Chief Information Officer (CIO), as defined in 50 U.S.C.
3032(a), in assisting the DNI with information resource
management by requiring the IC CIO to directly report to the
DNI.
Central Intelligence Agency subsistence for personnel assigned to
austere locations
Section 2411 permits the Director of the CIA to allow
subsistence for personnel assigned to austere locations.
Although the statute does not define ``austere,'' the Committee
believes that utilization of this authority should be minimal.
Therefore, within 180 days after the enactment of this Act, the
CIA shall brief the congressional intelligence committees on
the CIA's definition of ``austere'' and the CIA regulations in
place governing this authority.
Collocation of certain Department of Homeland Security personnel at
field locations
The Committee supports the Department of Homeland Security
(DHS) Bureau of Intelligence and Analysis' (I&A) intent to
integrate into operations across the broader DHS enterprise.
Accordingly, Section 2431 directs DHS I&A to deploy at least 40
personnel outside DHS Headquarters in Washington, D.C. for the
purposes of collocating such personnel with DHS operational
units from Customs and Border Protection, Transportation
Security Administration, Immigration and Customers Enforcement,
or other elements of DHS. DHS I&A Headquarter shall not be
backfilled by hiring new employees to replace those
transferred.
Framework for roles, missions, and functions of the Defense
Intelligence Agency
The Committee commends the work of the Under Secretary of
Defense for Intelligence to answer a request in the
Intelligence Authorization Act for Fiscal Year 2017 (division N
of Public Law 115-31) to review the roles and missions of the
Defense Intelligence Agency (DIA). The Committee agrees with
the Under Secretary's finding identifying a gap in Department
of Defense coordination of the functions of the DIA, as a
combat support agency (CSA) that is a member of the IC. The
Director of the DIA reports to both the Secretary of Defense
and the DNI; however, the agency lacks a framework to balance
the resourcing and mission conflicts this bifurcated chain of
command may occasionally cause.
Therefore, consistent with directive language found in the
committee report accompanying H.R. 5515, the HASC-passed FY
2019 NDAA, not later than October 1, 2018, the Committee
directs the Secretary of Defense, in consultation with the DNI,
to develop policies that outline the process to balance the
missions under DIA's CSA role with the missions and functions
assigned by the intelligence community. These policies must
address a process for assigning and integrating any new
missions assigned by the DoD or the IC. The Committee further
directs the Secretary of Defense, in consultation with the DNI,
to provide a briefing to the House Committee on Armed Services
and the House Permanent Select Committee not later than October
15, 2018, on the plan to develop these policies.
Construction of National Security Agency East Campus Building 3
Construction authorized under this Act for the National
Security Agency's (NSA) East Campus should prioritize the
consolidation of National Intelligence mission activities,
including by minimizing the distribution of NSA throughout the
Baltimore-Washington region. The Committee believes that co-
location of NSA's National Intelligence mission activities
within a shared security perimeter and with modern facilities,
will improve the efficient execution of mission requirements,
and provide important workforce morale improvement.
East Campus Building 3, as authorized in Section 2434 of
this Act, may be constructed in increments subject to annual
appropriations, but shall not exceed the total authorized
amount of $775 million. Congressional authorization of East
Campus Building 3 constitutes authorization to proceed and NSA
shall conduct necessary activities in Fiscal Year 2019 to avoid
delay in project completion.
Limitations on Intelligence Community elements' communications with
Congress
Effective oversight of the IC requires unencumbered
communications between representatives of the agencies, members
of Congress, and congressional staff. The Committee directs the
DNI not to limit any element of the IC from having interactions
with the congressional intelligence committees, including but
not limited to, preclearance by the DNI of remarks, briefings,
discussions of agency resources or authorities requirements, or
mandatory reports to the DNI on conversations with the
congressional intelligence committees.
National Reconnaissance Office contracting restrictions
The Committee is concerned that NRO imposes unnecessary
contractual restrictions that prohibit or discourage a
contractor from contacting, meeting with, or providing
information to the members or staff of the congressional
intelligence committees. Therefore, the Committee directs NRO
to eliminate any restrictions prohibiting or discouraging
contractors from contacting, meeting with, or providing
information to the congressional intelligence committees in all
current and future contracts. Furthermore, the Committee
directs the NRO to provide a briefing to the congressional
intelligence committees not later than December 1, 2018
regarding completion of the aforementioned direction.
Intelligence community support to the National Vetting Center
On February 6, 2018, the President issued National Security
Policy Memorandum (NSPM)-9, ``Presidential Memorandum on
Optimizing the Use of Federal Government Information in Support
of National Vetting Enterprise.'' The memorandum directs the
DHS, in coordination with the ODNI and other agencies, to
establish the National Vetting Center. The memorandum also
requires agencies to ``provide the Center access to relevant
biographic, biometric, and related derogatory information.'' It
further directs DNI, in coordination with the heads of relevant
IC elements, to ``establish a support element to facilitate,
guide, and coordinate all IC efforts to use classified
intelligence and other relevant information within the IC
holdings in support of the center.'' The Committee wishes to
obtain regular updates and the most current information about
the activities of that support element.
Therefore, no later than 180 days after the enactment of
this Act and annually thereafter, the Committee directs the DNI
and the Under Secretary for Intelligence and Analysis at DHS to
brief the congressional intelligence committees on the status
of IC support to the National Vetting Center, as established by
NSPM-9.
Update on status of Attorney General-approved U.S. person procedures
under Executive Order 12333
The Committee acknowledges the difficult, labor-intensive
work undertaken by certain IC elements, to ensure the current
effectiveness of, and in some cases to substantially revise,
final Attorney General-approved procedures regarding the
collection, dissemination, and retention of United States
persons information. The Committee wishes to better understand
the status of this project, throughout the IC.
Therefore, the Committee directs that, not later than 60
days after enactment of this Act, the DNI and the Attorney
General shall brief the congressional intelligence committees
on the issuance of final, Attorney General-approved procedures
by elements of the IC. Specifically, the briefing shall
identify (1) any such elements that have not yet issued final
procedures; and (2) with respect to such elements, the status
of the procedures' development, and any interim guidance or
procedures on which those elements currently rely.
Homegrown violent extremists imprisoned in Department of Defense
facilities
The Committee is concerned about an evident gap in
information sharing about individuals imprisoned in DoD
facilities who are categorized by the FBI as homegrown violent
extremists (HVEs). An example is the case of Nidal Hasan, who
has been convicted and sentenced to death by a U.S. military
court martial and remains incarcerated in a U.S. military
facility. The Committee understands that, despite his
incarceration, Hasan openly communicates with the outside world
through written correspondence and has continued to inspire
extremists throughout the world. Indeed, while in custody,
Hasan wrote a 454-page manifesto on the value of engaging in
violent jihad which contains radical interpretations of the
Koran justifying the commission of violent jihad. The Committee
further understands that the FBI is unable to determine the
full scope of Hasan's contacts with the outside world because
only a portion of his communications have been provided by the
DoD.
Therefore, no later than 180 days after the enactment of
the Act, the Committee directs the FBI to work with the DoD to
create a process by which the DoD provides to the FBI the
complete communications of individuals imprisoned in DoD
facilities and who are categorized by the FBI as HVEs.
Naming of Federal Bureau of Investigation Headquarters
According to statute enacted in 1972, the current FBI
headquarters building in Washington, D.C. must be ``known and
designated'' as the ``J. Edgar Hoover FBI Building.'' That
tribute has aged poorly. It should be reconsidered, in view of
Hoover's record on civil liberties--including the effort to
disparage and undermine Dr. Martin Luther King Jr. Even today,
Hoover's name evokes the Bureau's sordid ``COINTELPRO''
activities.
The Committee believes Congress should consider repealing
the provision requiring the existing Pennsylvania Avenue
building to be known as the ``J. Edgar Hoover FBI Building''. A
new name should be determined, through a joint dialogue among
Bureau leadership, law enforcement personnel, elected
officials, and civil rights leaders.
Foundational intelligence analysis modernization
Consistent with the directive language found in the
committee report accompanying H.R. 5515, the HASC-passed FY
2019 NDAA, the Committee directs the Joint Staff Director for
Intelligence, in coordination with the USD(I) and the Director
of the DIA, to develop a plan by October 1, 2018, to modernize
systems used to provide foundational intelligence.
Further, the Committee directs the Joint Staff Director for
Intelligence, in coordination with the DIA Director, to provide
a briefing to the House Committee on Armed Services and the
House Permanent Select Committee on Intelligence by November 1,
2018, on such plan to modernize foundational intelligence
systems. If a determination is made that a new system is
required, the Committee expects the Battlespace Awareness
Functional Capabilities Board to validate the requirements for
any new system, and that the acquisition plan will follow best
practices for the rapid acquisition and improvement of
technology dependent systems.
Intelligence support to cyber operations
Consistent with the directive language found in the
committee report accompanying H.R. 5515, the HASC-passed FY
2019 NDAA, the Committee directs the USD(I), in coordination
with the DIA and the military services, to provide a briefing
to the House Committee on Armed Services and the House
Permanent Select Committee on Intelligence by December 1, 2018,
on intelligence support to cyber operations.
Science, Technology, Engineering, and Math careers in defense
intelligence
Consistent with the directive language found in the
committee report accompanying H.R. 5515, the HASC-passed FY
2019 NDAA, the Committee directs the Director of DIA to provide
a briefing to the House Committee on Armed Services and the
House Permanent Select Committee on Intelligence not later than
December 1, 2018, on a plan to develop a Science, Technology,
Engineering, and Math career program that attracts and
maintains the defense intelligence cadre of Science and
Technical Intelligence analysts to meet tomorrow's threats.
Security and intelligence role in export control
Consistent with the directive language found in the
committee report accompanying H.R. 5515, the HASC-passed FY
2019 NDAA, the Committee directs the Under Secretary of Defense
for Policy, in coordination with the USD(I), to provide a
briefing to the House Committee on Armed Services and the House
Permanent Select Committee on Intelligence not later than
October 1, 2018, on security support to export control.
Security clearance background investigation reciprocity
Consistent with the directive language found in the
committee report accompanying H.R. 5515, the HASC-passed FY
2019 NDAA, the Committee directs the Secretary of Defense, in
coordination with the DNI and the Director of the Office of
Personnel Management, not later than October 1, 2018, to brief
the House Committee on Armed Services and the House Permanent
Select Committee on Intelligence on efforts to ensure seamless
transition of investigations between authorized investigative
agencies, as required by law.
Further, consistent with the directive language found in
the committee report accompanying H.R. 5515, the HASC-passed FY
2019 NDAA, the Committee directs the Secretary of Defense, in
coordination with the DNI and the Director of the Office of
Personnel Management, not later than November 1, 2018, to brief
the House Permanent Select Committee on Intelligence on efforts
to ensure reciprocity is a consideration for implementation of
continuous evaluation and continuous vetting across the federal
government.
Strengthening oversight of the military intelligence program budget
In directive language found in the committee accompanying
H.R. 5515, the HASC-passed FY 2019 NDAA, the House Committee on
Armed Services directed the USD(I) to ``review all of the
Department's intelligence, counterintelligence, and related
intelligence programs, projects, and activities supporting the
Secretary's responsibilities and requirements.'' Regarding this
review, the report expressed the House Committee on Armed
Services' expectation that USD(I) would
note that the [the House Committee on Armed Services]
believes resources for sensors integral to the function
of weapon systems, sensors and systems developed for
space and missile defense, and resources for activities
and programs associated with Operational Preparation of
the Environment and Nonconventional Assisted Recovery
are in support of operational requirements, and should
be excluded from designation to the MIP.
The Committee expects that USD(I), in addition to noting
the belief of the House Committee on Armed Services, also will
note this Committee's belief that:
(1) merely deeming certain resources to be ``in
support of operational requirements'' is insufficient
to exclude such resources from designation to the MIP;
and that:
(2) the determination of whether to designate
resources to the MIP involves a substantive
examination, of whether such resources will be used for
activities that are substantially similar, if not
equivalent to, intelligence and intelligence
activities.
Additionally, and consistent with the directive language
found in the committee report accompanying H.R. 5515, the HASC-
passed FY 2019 NDAA, the Committee directs USD(I) to provide a
briefing to the Committees on Armed Services of the Senate and
the House of Representatives and the House Permanent Select
Committee on Intelligence and the Senate Select Committee on
Intelligence by March 1, 2019, on the results of the USD(I)
review directed by H.R. 5515, including how the review will
result in clear guidance on designation of programs, projects,
and activities to the MIP.
Intelligence community leave policies
It is imperative that the federal government recruit, hire,
and retain a highly qualified workforce. That depends in part
on offering federal personnel a competitive benefits package--
including with respect to parental leave and related benefits.
Toward that end, the Committee strongly believes the federal
government, including elements of the IC, must align such
benefits to the fullest extent possible with those of leading
U.S. private sector companies and other industrialized
countries.
The Committee is concerned that IC elements may not have
fully implemented revised advanced sick leave policies as
outlined in the Presidential memorandum Modernizing Federal
Leave Policies for Childbirth, Adoption and Foster Care to
Recruit and Retain Talent and Improve Productivity, dated
January 15, 2015, or implemented them only partially. Among
other things, the memorandum directs that, to the extent
permitted by law, agencies shall offer 240 hours of advanced
sick leave, at the request of an employee and in appropriate
circumstances, in connection with the birth or adoption of a
child or for other sick leave eligible uses.
Additionally, beyond the memorandum's requirements, the
Committee also believes IC elements should actively be
exploring ways to enhance their parental leave policies, to
include paid parental leave.
Therefore, not later than 180 days after the date of
enactment of this Act, the DNI shall submit a written report to
the intelligence committees on each IC element's implementation
of the Memorandum's requirements with respect to parental
leave. The report should be unclassified, but may contain a
classified annex if necessary. At a minimum, such report shall:
(1) summarize each element's policies with respect to
parental leave and related benefits;
(2) identify those elements fully in compliance with
the Memorandum's requirements with respect to parental
leave and other benefits described by the Memorandum;
(3) identify elements not in compliance with such
requirements;
(4) as applicable, note and evaluate the sufficiency
of any claimed explanation from an IC element, as to
why its policies do not yet fully comply with such
requirements;
(5) as applicable, identify a projected date, no
later than 180 days after the report's submission, by
which the Memorandum will be fully implemented by all
IC elements; and
(6) describe any barriers identified by the Director
or an element of the IC--including any legal and
resource barriers--to the establishment, for each
element of the IC, of a paid parental leave policy.
Foreign Influence Task Force
The IC has warned of active measures taken by foreign
actors to interfere with and undermine the U.S. democratic
process, most recently and brazenly by the Russian Federation.
The committee appreciates FBI efforts to confront this
challenge in part through creation of its Foreign Influence
Task Force. The Committee believes that confronting foreign
influence directed at the United States is of fundamental
importance, and thus desires to engage in a close and regular
dialogue with the FBI about the task force's activities.
Therefore, the Committee directs the FBI to provide
detailed, quarterly briefings to the congressional intelligence
committees, regarding the task force's activities, to include
its progress and any significant challenges.
Joint System Integration Lab annual briefing
The Joint System Integration Lab (JSIL) at Redstone
Arsenal, Alabama enables testing of critical military
intelligence capabilities, including unmanned aerial system
(UAS) sensors, modeling and simulation, and integration between
and among service UASs. The Committee seeks to remain fully and
currently informed about this important work.
Therefore, the Committee directs the JSIL, within 180 days
of enactment and annually for two years thereafter, to brief
the congressional intelligence and defense committees, on
intelligence and intelligence-related activities conducted by
the JSIL.
Management of the Centers of Academic Excellence in National Security
Studies
The IC's Centers of Academic Excellence in National
Security Studies (CAE) program was established in 2004 to serve
the mission-critical objectives of educating highly qualified
students of diverse backgrounds and encouraging them to pursue
careers in the IC. The ODNI has designated the DIA as the
Executive Agent of the program.
In the past, the ODNI collected information about
involvement in the CAE program by IC elements and educational
institutions, as well as demographic (gender, minority,
disability), educational, employment, and other data on the
participating students. The ODNI reported this information to
Congress in 2010 on the period covering 2004-2009. However,
despite continuing Congressional interest in this program, the
IC has apparently ceased collection and analysis of such data.
More critically, ODNI and DIA informed the House Intelligence
Committee that the IC currently cannot provide statistical
evidence as to whether, or to what extent, the CAE program is
fulfilling its objectives.
Congress directed in Fiscal Year 2016 that ODNI establish a
dedicated CAE summer internship program, but the first effort
in summer 2017 did not yield the anticipated diversity of
summer interns or robust participation of IC elements. The
summer 2018 internship program also did not appear to be
postured to demonstrate significant progress.
Accordingly, the Committee directs ODNI to serve as the
Executive Agent for CAE on a permanent and non-delegable basis
no later than 6 months into Fiscal Year 2019. In addition, the
Committee directs ODNI to immediately resume collection and
analysis of data necessary to evaluate the IC CAE's
performance, to include educational, employment, diversity, and
other data that was used to produce ODNI's 2010 report. Within
180 days of enactment of this Act, the Committee directs ODNI
to submit a written report to the congressional intelligence
committees containing this data from the 2016-2018 academic
years, as well as metrics about the total number of students
who participated in CAE courses, seminars, internships, or
other events; the number of students designated as CAE scholars
pursuing a certificate; and the number of CAE certificates
awarded during this timeframe, with a demographic breakdown
regarding diversity.
The Committee believes that the IC CAE program should
undergo a fundamental review to determine what changes can be
made to allow the program to achieve its intended objectives
and has requested a review be conducted by the Government
Accountability Office (GAO). Therefore, the Committee also
directs the IC to fully cooperate with the GAO review.
Enhancing automation at the National Geospatial-Intelligence Agency
The Committee strongly supports efforts to leverage
commercial advances in automation of imagery, Wide Area Motion
Imagery (WAMI), Full Motion Video (FMV), and Synthetic Aperture
Radar (SAR) products to reduce manual processing and improve
information flow to users. However, the Committee is concerned
that NGA does not dedicate adequate resources to integrate new
automation techniques which have resulted in years of research
into the issue, but limited operational gains during day to day
imagery processing.
Therefore, the Committee directs NGA, within 90 days of
enactment of this Act, to brief the congressional intelligence
and defense committees on an updated plan to reduce manual
processing of imagery, WAMI, FMV, and SAR to improve
information flow to users. The briefing shall also address:
1. NGA's strategy to leverage commercial advances;
2. The various geospatial intelligence automated
exploitation development programs across the National
System for Geospatial-Intelligence, and the associated
funding and specific purpose of said programs;
3. Any similar efforts by government entities outside
the National System for Geospatial-Intelligence of
which NGA is aware; and
4. Which of these efforts are duplicative.
Redundant organic software development
The Committee is concerned that NGA is developing software
solutions that are otherwise available for purchase on the
commercial market. This practice most always, increases the
time it takes to deliver new capabilities to the warfighter;
increases the overall cost of the solution through expensive
operational and maintenance costs; and undermines the U.S.
software industrial base.
Therefore, the Committee directs NGA, within 60 days of
enactment of this Act, to brief the congressional intelligence
committees, on its identification of all NGA developed software
programs and explain why such program are developed organically
instead of leveraging commercially available products.
Critical skills recruiting for automation
Although cutting edge sensors have provided the IC and DoD
with exquisite imagery, WAMI, and FMV, intelligence analysts
are unable to keep pace with the volume of data being
generated. This demands a transformation in the way the
intelligence enterprise processes, organizes, and presents
data. For that reason, the committee fully supports the NGA's
efforts to attract, recruit, and retain a highly competent
workforce that can acquire and integrate new data automation
tools.
Therefore, the Committee directs NGA, within 60 days of
enactment of this Act, to brief the congressional intelligence
and defense committees on NGA's efforts to recruit critical
skills such as mathematicians, data scientists, and software
engineers that possess critical skills needed to support NGA's
objectives in automation.
Sensitive Compartmented Information Facilities
The Committee has become aware of several major impediments
for companies with appropriately cleared personnel to perform
work for agencies and organizations like the NRO and NGA. For
example, businesses without ownership of a Sensitive
Compartmented Information Facility (SCIF), which includes many
small businesses, find it very difficult to perform classified
work. Construction and accreditation of SCIF spaces may be
cost-prohibitive for small business and non-traditional
government contractors. Additionally, construction timelines
often exceed the period of performance of a contract.
A modern trend for innovative and non-traditional
government contractors is the increase use of co-working space
environments. Additionally, public and private entities are
partnering to create emerging regional innovation hubs to help
identify technology solutions and products in the private
sector that can be utilized by the DoD and IC. These innovation
hubs currently produce an agile, neutral, but largely
unclassified development environment.
Therefore, the Committee directs NRO and NGA, within 90
days of enactment of this Act, to brief the congressional
intelligence committees on:
1. Potential approaches to allow for SCIF spaces to
be certified and accredited outside of a traditional
contractual arrangement;
2. Analysis of the advantages and disadvantages of
issuing DoD Contract Security Specification (DD Form
254s) to ``Facilities'' as opposed to ``Contracts'';
3. Options for classified co-use and shared workspace
environments such as: innovation, incubation, catalyst,
and accelerator environments;
4. Pros and cons for public, private, government, or
combination owned classified neutral facilities; and
5. Any other opportunities to support companies with
appropriately cleared personnel but without ownership
of a SCIF effective access to a neutral SCIF.
Encouraging innovation
The committee is aware of and supports the NRO as it
continues to pursue innovation and incorporate innovative
technologies into many programs of record (POR). However, while
the NRO is one of the more innovative leaders regarding
government satellite matters, the NRO also struggles to
leverage commercial and government research and development
efforts and incorporate them in an effective and timely manner
into PORs.
Therefore, the Committee directs NRO, within 90 days of
enactment of this Act, to brief the congressional intelligence
committees on the following:
1. Opportunities that could expand innovation;
2. Any challenges for innovation; and
3. How innovative or new technologies are
incorporated to support critical milestones for PORs.
Improving use of the unclassified marketplaces
The Committee has become aware that a major impediment for
companies to perform work for agencies and organizations like
the NRO is the lack of postings on unclassified marketplaces,
such as the unclassified Acquisition Resource Center (ARC).
Instead of posting data to unclassified marketplaces, NRO
unclassified postings often refer to classified systems for
critical, yet unclassified information. If the NRO is serious
about embracing commercial innovation, unclassified marketplace
postings should remain on unclassified systems.
Therefore, the Committee directs NRO, within 90 days of
enactment of this Act, to brief the congressional intelligence
committees on options for improving the unclassified
marketplace process.
Satellite servicing
No later than one year after the date of the enactment of
this Act, the DNI, in consultation with the Secretary of
Defense, shall jointly provide the congressional intelligence
and armed services committees upon request, a briefing
detailing the costs, risks, and operation benefits of
leveraging commercial satellite servicing capabilities for
national security satellite systems. The briefing shall
include:
1. A prioritized list (with a rationale) of the
operational and planned assets of the IC that could be
enhanced by satellite servicing missions;
2. The costs, risks, and benefits of integrating
satellite servicing capabilities as part of operational
resilience; and
3. Potential strategies that could allow future
national security space systems to leverage commercial
in-orbit servicing capabilities where appropriate and
feasible.
Enhanced oversight of IC contractors
A topic of sustained Committee interest has been improving
the federal government's oversight of IC acquisition and
procurement practices, including activities by poorly
performing IC contractors.
A framework exists to ensure that IC elements do not award
IC contracts to businesses that engage in negligence or even
gross negligence, consistently fail to appropriately safeguard
classified information, maintain poor financial practices, or
other issues. For example, an IC element may maintain a list of
contractors of concern, in order to ensure that proposals from
such contractors are rejected or subjected to additional
scrutiny. The Committee wishes to build on these practices and
is concerned about the existing framework's adequacy.
Therefore, the Committee directs all elements of the IC, to
the fullest extent consistent with applicable law and policy,
to share with one another information about contractors with
track records of concern--such as the commission of negligence
or gross negligence in the performance of IC contracts, or the
repeated failure to appropriately safeguard classified
information in a fashion that the contractor reasonably could
have been expected to prevent.
Additionally, no later than 30 days after enactment of this
Act, the DNI shall brief the Committee on the authorities of IC
elements with respect to contractors with track records of
concern--before, during, and after procurement. An objective of
the briefing will be to discuss information sharing practices
in this regard, and to identify specific areas where the
oversight framework can be strengthened.
Committee Consideration and Roll Call Votes
On June 28, 2018, the Committee met in open session to
consider H.R. 6237 and ordered the bill favorably reported.
In open session, the Committee considered an amendment in
the nature of a substitute, offered by Mr. Nunes to H.R. 6237.
The amendment was adopted by a voice vote.
Mr. Nunes then moved to make the classified Fiscal Year
2018 and Fiscal Year 2019 schedules of authorizations available
for Members of the House to review. The motion was agreed to by
a recorded vote of 20 ayes to 0 noes:
Voting aye: Mr. Nunes (Chairman), Mr. Conaway, Mr.
King, Mr. LoBiondo, Mr. Rooney, Ms. Ros-Lehtinen, Mr.
Turner, Mr. Wenstrup, Mr. Stewart, Mr. Crawford, Ms.
Stefanik, Mr. Schiff, Mr. Himes, Ms. Sewell, Mr.
Carson, Ms. Speier, Mr. Quigley, Mr. Swalwell, Mr.
Castro, and Mr. Heck.
Voting no: None
The Committee then agreed to a motion by the Chairman to
favorably report H.R. 6237, as amended, to the House, including
by reference the classified schedules of authorizations. The
motion was agreed to by a unanimous voice vote.
Section-by-Section Analysis and Explanation of Amendment
DIVISION A--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2018
Section 101--Short title; Table of contents
Section 101 lists the title and table of contents of the
Intelligence Authorization Act for Fiscal Year 2018 (the 2018
Act).
Section 102--Definitions
Section 102 defines the terms ``congressional intelligence
committees'' and the ``Intelligence Community'' (IC) that will
be used in the 2018 Act.
TITLE I--INTELLIGENCE ACTIVITIES
Section 1101--Authorization of appropriations
Section 1101 lists the U.S. Government departments,
agencies, and other elements for which the 2018 Act authorizes
appropriations for intelligence and intelligence-related
activities for Fiscal Year 2018.
Section 1102--Classified schedule of authorizations
Section 1102 provides that the amounts authorized to be
appropriated for intelligence and intelligence-related
activities and the personnel levels for Fiscal Year 2018 are
contained in the classified Schedule of Authorizations and that
the classified Schedule of Authorizations shall be made
available to the Committees on Appropriations of the Senate and
House of Representatives and to the President.
Section 1103--Personnel ceiling adjustments
Section 1103 states that the Director of National
Intelligence (DNI) may authorize employment of civilian
personnel in Fiscal Year 2018 in excess of the number of
authorized positions by an amount not exceeding three percent
of the total limit applicable to each IC element under Section
1102. The DNI may do so only if necessary to the performance of
important intelligence functions.
Section 1104--Intelligence Community Management Account
Section 1104 authorizes appropriations for the Intelligence
Community Management Account (ICMA) of the DNI and sets the
authorized personnel levels for the elements within the ICMA
for Fiscal Year 2018.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Section 1201--Authorization of appropriations
Section 1201 authorizes appropriations in the amount of
$514,000,000 for Fiscal Year 2018 for the Central Intelligence
Agency (CIA) Retirement and Disability Fund.
Section 1202--Computation of annuities for employees of the Central
Intelligence Agency
Section 1202 makes technical changes to the CIA Retirement
Act to conform with various statutes governing the Civil
Service Retirement System.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Section 1301--Restriction on conduct of intelligence activities
Section 1301 provides that the authorization of
appropriations by the 2018 Act shall not be deemed to
constitute authority for the conduct of any intelligence
activity that is not otherwise authorized by the Constitution
or laws of the United States.
Section 1302--Increase in employee compensation and benefits authorized
by law
Section 1302 provides that funds authorized to be
appropriated by the 2018 Act for salary, pay, retirement, and
other benefits for federal employees may be increased by such
additional or supplemental amounts as may be necessary for
increases in compensation or benefits authorized by law.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Section 1401--Authority for protection of current and former employees
of the Office of the Director of the National Intelligence
Section 1401 amends Section 5 of the CIA Act of 1949 to
authorize the protection of current and former personnel of the
Office of the Director of National Intelligence (ODNI) and
their immediate families.
Section 1402--Designation of the Program Manager Information Sharing
Environment
Section 1402 makes technical changes to the Intelligence
Reform and Terrorism Protection Act of 2004 to permit the DNI
to designate the Program Manager-Information Sharing
Environment (PM-ISE).
Section 1403--Technical correction to the Executive Schedule
Section 1403 makes a technical change to 5 U.S.C. 5313, by
adding the Director of Counterintelligence and Security to the
list of positions included at Level II of the Executive
Schedule.
TITLE V--REPORTS AND OTHER MATTERS
Section 1501--Period of overseas assignments for certain foreign
service officers
Section 1501 optimizes various aspects of the assignment
system for foreign service officers within the Department of
State.
Section 1502--Assessment of significant Russian influence campaigns
Directed at foreign elections and referenda
Section 1502 requires the DNI to provide a report assessing
past and ongoing Russian influence campaigns against foreign
elections and referenda, to include a summary of the means by
which such influence campaigns have been or are likely to be
conducted, a summary of defenses against or responses to such
Russian influence campaigns, a summary of IC activities to
assist foreign governments against such campaigns, and an
assessment of the effectiveness of such foreign defenses and
responses.
Section 1503--Foreign counterintelligence and cybersecurity threats to
federal election Campaigns
Section 1503 requires the Director of National
Intelligence, in coordination with the Under Secretary of
Homeland Security for Intelligence and Analysis (I&A) and the
Director of the Federal Bureau of Investigation (FBI), to
publish regular public advisory reports on foreign
counterintelligence and cybersecurity threats to federal
election campaigns before those elections take place.
Additional information may be provided to the appropriate
representatives of campaigns if the FBI Director and the DHS
Under Secretary for I&A jointly determine that an election
campaign for federal office is subject to a heightened foreign
counterintelligence or cybersecurity threat.
Section 1504--Intelligence community reports on security clearances
Section 1504 amends the National Security Act of 1947 to
require improved reporting on IC security clearance processing.
Section 1505--Assessment of threat finance relating to Russia
Section 1505 requires the IC to conduct an assessment of
Russia's threat finance activities globally, to include an
assessment of trends or patterns in such threat finance
activity, a summary of engagement with international partners
on Russian threat finance, and an identification of any
resource and collection gaps.
Section 1506--Report on cyber exchange program
Section 1506 directs the DNI to submit a report on the
potential establishment of a voluntary cyber exchange program
between the IC and private technology companies.
Section 1507--Review of Intelligence Community whistleblower matters
Section 1507 directs the IC IG, in consultations with the
IGs of other IC agencies, to conduct a review of practices and
procedures relating to IC whistleblower matters.
Section 1508--Report on the role of Director of National Intelligence
with respect to certain foreign investments
Section 1508 directs the DNI to submit a report on ODNI's
role in preparing analytic materials in connection with the
U.S. Government's evaluation of national security risks
associated with potential foreign investments.
Section 1509--Semiannual reports on investigations of unauthorized
public disclosures of classified information
Section 1509 directs IC elements to submit a semi-annual
report on the number of investigations opened and completed by
each agency regarding an unauthorized public disclosure of
classified information to the media, and the number of
completed investigations referred to the Attorney General.
Section 1509 also directs the Department of Justice to submit a
semi-annual report on the status of each criminal leaks
referral made by the IC.
Section 1510--Report on Intelligence Community participation in
vulnerabilities equities Process
Section 1510 directs the Inspector General of the IC to
conduct a review of the process by which the IC and executive
branch agencies determine whether, when, how, and to whom
information about a vulnerability that is not publicly known
will be shared with a non-federal entity or the public.
Section 1511--Sense of Congress on notification of certain disclosures
of classified information
Section 1511 expresses the sense of Congress that, pursuant
to the requirement for the IC to keep the congressional
intelligence committees ``fully and currently informed'' in
Section 502 of the National Security Act of 1947, IC agencies
must submit prompt written notification after becoming aware
that an individual in the executive branch has disclosed
certain classified information outside established intelligence
channels to adversary foreign governments--North Korea, Iran,
China, Russia, or Cuba.
Section 1512--Technical amendments related to the Department of Energy
Section 1512 makes technical changes in the Atomic Energy
Defense Act and in the National Security Act of 1947 regarding
references to the Department of Energy's Office of Intelligence
and Counterintelligence.
DIVISION B--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2019
Section 201--Short title; Table of contents
Section 201 lists the title and table of contents of the
Intelligence Authorization Act for Fiscal Year 2019 (the 2019
Act).
Section 202--Definitions
Section 202 defines the terms ``congressional intelligence
committees'' and the ``Intelligence Community'' (IC) that will
be used in the 2019 Act.
TITLE I--INTELLIGENCE ACTIVITIES
Section 2101--Authorization of appropriations
Section 2101 lists the U.S. Government departments,
agencies, and other elements for which the Act authorizes
appropriations for intelligence and intelligence-related
activities for Fiscal Year 2019.
Section 2102--Classified Schedule of Authorizations
Section 2102 provides that the amounts authorized to be
appropriated for intelligence and intelligence-related
activities are contained in the classified Schedule of
Authorizations and that the classified Schedule of
Authorizations shall be made available to the Committees on
Appropriations of the Senate and House of Representatives and
to the President.
Section 2103--Intelligence Community Management Account
Section 2103 authorizes appropriations for the Intelligence
Community Management Account (ICMA) of the DNI for the elements
within the ICMA for Fiscal Year 2019.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Section 2201--Authorization of appropriations
Section 2201 authorizes appropriations in the amount of
$514,000,000 for Fiscal Year 2019 for the Central Intelligence
Agency (CIA) Retirement and Disability Fund.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Section 2301--Restriction on conduct of intelligence activities
Section 2301 provides that the authorization of
appropriations by the 2019 Act shall not be deemed to
constitute authority for the conduct of any intelligence
activity that is not otherwise authorized by the Constitution
or laws of the United States.
Section 2302--Increase in employee compensation and benefits authorized
by law
Section 2302 provides that funds authorized to be
appropriated by the 2019 Act for salary, pay, retirement, and
other benefits for federal employees may be increased by such
additional or supplemental amounts as may be necessary for
increases in compensation or benefits authorized by law.
Section 2303--Modification of special pay authority for Science,
Technology, Engineering, or Mathematics positions and addition
of special pay authority for cyber positions
Section 2303 provides an increased yearly cap for Science,
Technology, Engineering, or Mathematics (STEM) employee
positions in the IC that support critical cyber missions. The
section also permits the NSA to establish a special rate of pay
for positions that perform functions that execute the agency's
cyber mission.
Section 2304--Repeal of Joint Intelligence Community Council
Section 2304 repeals Section 101A of the National Security
Act of 1947 to eliminate the Joint Intelligence Community
Council.
Section 2305--Permanent enhanced procurement authority to manage supply
chain risks
Section 2305 permanently authorizes enhanced procurement
authority to manage supply chain risks.
Section 2306--Intelligence Community Information Technology Environment
Section 2306 defines the roles and responsibilities for the
performance of the Intelligence Community Information
Technology Environment (IC ITE). The section requires certain
reporting and briefing requirements to the congressional
intelligence committees regarding the IC's ongoing
implementation of IC ITE.
Section 2307--Development of secure cellular voice solution for
intelligence community
Section 2307 requires the DNI approve and certify a secure
cellular voice solution for use by the intelligence community
elements funded by the National Intelligence Program.
Section 2308--Policy on minimum insider threat standards
Section 2308 requires the DNI to develop minimum insider
threat standards to be followed by each element of the IC.
Section 2309--Submission of intelligence community policies
Section 2309 requires the DNI to make all Office of
Director of National Intelligence (ODNI) policies and
procedures available to the congressional intelligence
committees. The Section also requires ODNI to notify the
congressional committees of any new or rescinded policies.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
SUBTITLE A--OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
Section 2401--Chief Financial Officer of the Intelligence Community
Section 2401 amends the National Security Act of 1947 by
requiring the Chief Financial Officer of the Intelligence
Community to directly report to the DNI.
Section 2402--Chief Information Officer of the Intelligence Community
Section 2402 amends the National Security Act of 1947 by
requiring the Chief Information Officer of the Intelligence
Community to directly report to the DNI.
SUBTITLE B--CENTRAL INTELLIGENCE AGENCY
Section 2411--CIA subsistence for personnel assigned to austere
locations
Section 2411 authorizes the Director of the CIA to approve,
with or without reimbursement, subsistence to personnel
assigned to an austere overseas location.
Section 2412--Special rules for certain monthly workers' compensation
payments and other payments for CIA personnel
Section 2412 authorizes the Director of the CIA to provide
enhanced injury benefits to a covered employee or qualifying
dependents who suffer an injury overseas due to war,
insurgency, hostile act, or terrorist activities.
Section 2413--Expansion of security protective service jurisdiction of
the Central Intelligence Agency
Section 2413 expands the security perimeter jurisdiction at
CIA facilities from 500 feet to 500 yards.
Section 2414--Repeal of foreign language proficiency requirement for
certain senior level positions in the Central Intelligence
Agency
Section 2414 repeals the foreign language proficiency
requirement for certain CIA senior level positions authorized
in Section 611 of the Intelligence Authorization Act for Fiscal
Year 2005 (Public Law 108-487).
SUBTITLE C--OFFICE OF INTELLIGENCE AND COUNTERINTELLIGENCE OF
DEPARTMENT OF ENERGY
Section 2421--Consolidation of Department of Energy Offices of
Intelligence and Counterintelligence
Section 2421 amends the Department of Energy Organization
Act to consolidate the offices of intelligence and
counterintelligence into the DOE Office of Intelligence and
Counterintelligence.
Section 2422--Establishment of Energy Infrastructure Security Center
Section 2422 establishes the Energy Infrastructure Security
Center (EISC) under the Department of Energy Office of
Intelligence and Counterintelligence that will be responsible
for coordinating intelligence regarding the to the protection
of U.S. energy infrastructure.
Section 2423--Repeal of Department of Energy Intelligence Executive
Committee and budget reporting requirement
Section 2423 amends the Department of Energy Organization
Act by repealing the Department of Energy Intelligence
Executive Committee, as well as certain budgetary reporting
requirements.
SUBTITLE D--OTHER ELEMENTS
Section 2431--Collocation of certain Department of Homeland Security
personnel at field locations
Section 2431 mandates that DHS I&A transfer at least 40
personnel from DHS headquarters for the purposes of providing
support to other DHS elements, including Customs and Border
Protection, the Transportation Security Administration, and
Immigration and Customs Enforcement.
Section 2432--Framework for roles, missions, and functions of Defense
Intelligence Agency
Section 2432 requires the Secretary of Defense and DNI to
jointly develop a framework for the roles, missions, and
functions of the Defense Intelligence Agency as an intelligence
community element and combat support agency.
Section 2433--Consultation by Secretary of Defense with Director of
National Intelligence for certain functions
Section 2433 amends Section 3038 of the National Security
Act of 1947 by requiring the Secretary of Defense to consult
the DNI regarding National Intelligence Program-matters
associated with certain Department of Defense elements, such as
the Defense Intelligence Agency, National Security Agency, and
the National Geospatial-Intelligence Agency.
Section 2434--Construction of National Security Agency East Campus
Building 3
Section 2434 authorizes the Director of the National
Security Agency to incrementally fund the construction of East
Campus Building 3, except that the total amount expended may
not exceed $775,000,000. The Section also requires a report to
the congressional intelligence committees on plans for the
construction of East Campus Buildings 4 and 5.
Section 2435--Establishment of advisory board for National
Reconnaissance Office
Section 2435 amends the National Security Act of 1947 to
authorize the Director of the National Reconnaissance Office to
establish an advisory board to study matters related to space,
overhead reconnaissance, acquisition, and other matters.
TITLE V--REPORTS AND OTHER MATTERS
Section 2501--Public Interest Declassification Board
Section 2501 reauthorizes the Public Interest
Declassification Board for 10 years.
Section 2502--Repeal of certain reporting requirements
Section 2502 repeals certain reporting requirements related
to long-standing material weaknesses, annual reports on
interactions between the Intelligence Community and
entertainment industry, declassification reviews with respect
to detainees transferred from United States Naval Station
Guantanamo Bay, the Interagency Threat Assessment and
Coordination Group, and Inspector General reports.
Section 2503--Notification of significant foreign cyber intrusions and
active measures campaigns directed at elections for federal
offices
Section 2503 requires the DNI, the Director of the FBI, and
the Secretary of Homeland Security to brief the congressional
intelligence committees, congressional leadership, the armed
services committees, and the homeland security committees
(consistent with sources and methods) not later than 14 days
after a determination has been made with moderate or high
confidence that a significant foreign cyber intrusion or active
measures campaign intended to influence an upcoming election
for any Federal office has taken place by a foreign state or
foreign nonstate person, group, or other entity. The briefing
shall provide a description of the significant foreign cyber
intrusion or active measures campaign, including an
identification of the foreign state or foreign nonstate person
or group.
Section 2504--Reports on intelligence community loan repayment and
related programs
Section 2504 requires the DNI, in cooperation with the
heads of the elements of the IC, to submit to the congressional
intelligence committees a report on potentially establishing an
IC-wide program for student loan repayment and forgiveness.
Section 2505--Comptroller General of the United States report on senior
executives of the Office of the Director of National
Intelligence
Section 2505 directs the Comptroller General of the United
States within 180 days of enactment of this Act to submit a
report to the congressional intelligence committees regarding
senior executive service staffing at the ODNI.
Section 2506--Briefing on counterintelligence activities of the Federal
Bureau of Investigation
Section 2506 requires the FBI Director provide the
congressional intelligence committees on a quarterly basis with
a briefing on the counterintelligence activities of the FBI
that shall include, at a minimum, the counterintelligence
posture of the Bureau on matters of counterintelligence
concern. The FBI Director, in coordination with the Attorney
General, shall develop guidelines governing the scope of such
briefings.
Section 2507--Briefing on FBI offering permanent residence to sources
and cooperators
Section 2507 directs the FBI within 30 days of enactment of
this Act to provide a briefing to the congressional
intelligence committees regarding the FBI's ability to provide
permanent U.S. residence to foreign individuals who serve as
cooperators in national security-related investigations.
Section 2508--Technical and clerical amendments to the National
Security Act of 1947
Section 2508 makes certain edits to the National Security
Act of 1947 as amended for technical or clerical purposes.
Oversight Findings and Recommendations
With respect to clause 3(c)(1) of rule XIII of the Rules of
the House of Representatives, the Committee held multiple
hearings on the classified budgetary issues raised by H.R.
6237. The bill, as reported by the Committee, reflects
conclusions reached by the Committee in light of this oversight
activity.
General Performance Goals And Objectives
The goals and objectives of H.R. 6237 are to authorize the
intelligence and intelligence-related activities of the United
States Government for Fiscal Years 2018 and 2019. These
activities enhance the national security of the United States,
support and assist the armed forces of the United States, and
support the President in the execution of the foreign policy of
the United States.
The classified annexes that accompany this report reflect
in great detail the Committee's specific performance goals and
objectives at the programmatic level with respect to classified
programs.
Unfunded Mandate Statement
Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandates Reform Act, P.L. 104-4) requires a statement of
whether the provisions of the reported bill include unfunded
mandates. In compliance with this requirement, the Committee
has received a letter from the Congressional Budget Office
included herein.
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 29, 2018.
Hon. Devin Nunes,
Chairman, Permanent Select Committee on Intelligence,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
completed a preliminary estimate of the direct spending effects
of H.R. 6237, the Matthew Young Pollard Intelligence
Authorization Act for Fiscal Years 2018 and 2019, as ordered
reported by the House Permanent Select Committee on
Intelligence on June 28, 2018. This preliminary estimate is
based on language provided by the Committee on June 28, 2018.
CBO's complete cost estimate for H.R. 6237, including
discretionary costs, will be provided shortly.
On a preliminary basis, CBO estimates that enacting the
bill would affect direct spending by making changes to the
Central Intelligence Agency Retirement and Disability System to
enhance the benefits offered to certain annuitants; therefore,
pay-as-you-go procedures apply. However, we estimate that those
effects would be less than $500,000 over the 2019-2028 period.
Enacting the bill would not affect revenues.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is William Ma.
Sincerely,
Keith Hall,
Director.
Statement on Congressional Earmarks
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee states that the bill as
reported contains no congressional earmarks, limited tax
benefits, or limited tariff benefits.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
CENTRAL INTELLIGENCE AGENCY RETIREMENT ACT
* * * * * * *
TITLE II--THE CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY
SYSTEM
* * * * * * *
Part C--Computation of Annuities
SEC. 221. COMPUTATION OF ANNUITIES.
(a) Annuity of Participant.--
(1) Computation of annuity.--The annuity of a
participant is the product of--
(A) the participant's high-3 average pay (as
defined in paragraph (4)); and
(B) the number of years, not exceeding 35, of
service credit (determined in accordance with
sections 251 and 252) multiplied by 2 percent.
(2) Credit for unused sick leave.--The total service
of a participant who retires on an immediate annuity
(except under section 231) or who dies leaving a
survivor or survivors entitled to an annuity shall
include (without regard to the 35-year limitation
prescribed in paragraph (1)) the days of unused sick
leave to the credit of the participant. Days of unused
sick leave may not be counted in determining average
basic pay or eligibility for an annuity under this
title. A deposit shall not be required for days of
unused sick leave credited under this paragraph.
(3) Crediting of part-time service.--
(A) In general.--In the case of a participant
whose service includes service on a part-time
basis performed after April 6, 1986, the
participant's annuity shall be the sum of the
amounts determined under subparagraphs (B) and
(C).
(B) Computation of pre-april 7, 1986,
annuity.--The portion of an annuity referred to
in subparagraph (A) with respect to service
before April 7, 1986, shall be the amount
computed under paragraph (1) using the
participant's length of service before that
date (increased by the unused sick leave to the
credit of the participant at the time of
retirement) and the participant's high-3
average pay[.], as determined by using the
annual rate of basic pay that would be payable
for full-time service in that position.
(C) Computation of post-april 6, 1986,
annuity.--The portion of an annuity referred to
in subparagraph (A) with respect to service
after April 6, 1986, shall be the product of--
(i) the amount computed under
paragraph (1), using the participant's
length of service after that date and
the participant's high-3 average pay,
as determined by using the annual rate
of basic pay that would be payable for
full-time service; and
(ii) the ratio which the
participant's actual service after
April 6, 1986 (as determined by
prorating the participant's total
service after that date to reflect the
service that was performed on a part-
time basis) bears to the total service
after that date that would be
creditable for the participant if all
the service had been performed on a
full-time basis.
(D) Treatment of employment on temporary or
intermittent basis.--Employment on a temporary
or intermittent basis shall not be considered
to be service on a part-time basis for purposes
of this paragraph.
(4) High-3 average pay defined.--For purposes of this
subsection, a participant's high-3 average pay is the
amount of the participant's average basic pay for the
highest 3 consecutive years of the participant's
service for which full contributions have been made to
the fund.
(5) Computation of service.--In determining the
aggregate period of service upon which an annuity is to
be based, any fractional part of a month shall not be
counted.
(b) Spouse or Former Spouse Survivor Annuity.--
(1) Reduction in participant's annuity to provide
spouse or former spouse survivor annuity.--
(A) General rule.--Except to the extent
provided otherwise under a written election
under subparagraph (B) or (C), if at the time
of retirement a participant or former
participant is married (or has a former spouse
who has not remarried before attaining age 55),
the participant shall receive a reduced annuity
and provide a survivor annuity for the
participant's spouse under this subsection or
former spouse under section 222(b), or a
combination of such annuities, as the case may
be.
(B) Joint election for waiver or reduction of
spouse survivor annuity.--A married participant
or former participant and the participant's
spouse may jointly elect in writing at the time
of retirement to waive a survivor annuity for
that spouse under this section or to reduce
such survivor annuity under this section by
designating a portion of the annuity of the
participant as the base for the survivor
annuity. If the marriage is dissolved following
an election for such a reduced annuity and the
spouse qualifies as a former spouse, the base
used in calculating any annuity of the former
spouse under section 222(b) may not exceed the
portion of the participant's annuity designated
under this subparagraph.
(C) Joint election of participant and former
spouse.--If a participant or former participant
has a former spouse, such participant and the
participant's former spouse may jointly elect
by spousal agreement under section 264(b) to
waive, reduce, or increase a survivor annuity
under section 222(b) for that former spouse.
Any such election must be made (i) before the
end of the [12-month] 2-year period beginning
on the date on which the divorce or annulment
involving that former spouse becomes final, or
(ii) at the time of retirement of the
participant, whichever is later.
(D) Unilateral elections in absence of spouse
or former spouse.--The Director may prescribe
regulations under which a participant or former
participant may make an election under
subparagraph (B) or (C) without the
participant's spouse or former spouse if the
participant establishes to the satisfaction of
the Director that the participant does not
know, and has taken all reasonable steps to
determine, the whereabouts of the spouse or
former spouse.
(2) Amount of reduction in participant's annuity.--
The annuity of a participant or former participant
providing a survivor annuity under this section (or
section 222(b)), excluding any portion of the annuity
not designated or committed as a base for any survivor
annuity, shall be reduced by 2\1/2\ percent of the
first $3,600 plus 10 percent of any amount over $3,600.
The reduction under this paragraph shall be calculated
before any reduction under section 222(a)(5).
(3) Amount of surviving spouse annuity.--
(A) In general.--If a retired participant
receiving a reduced annuity under this
subsection dies and is survived by a spouse, a
survivor annuity shall be paid to the surviving
spouse. The amount of the annuity shall be
equal to 55 percent of (i) the full amount of
the participant's annuity computed under
subsection (a), or (ii) any lesser amount
elected as the base for the survivor annuity
under paragraph (1)(B).
(B) Limitation.--Notwithstanding subparagraph
(A), the amount of the annuity calculated under
subparagraph (A) for a surviving spouse in any
case in which there is also a surviving former
spouse of the retired participant who qualifies
for an annuity under section 222(b) may not
exceed 55 percent of the portion (if any) of
the base for survivor annuities which remains
available under section 222(b)(4)(B).
(C) Effective date and termination of
annuity.--An annuity payable from the fund to a
surviving spouse under this paragraph shall
commence on the day after the retired
participant dies and shall terminate on the
last day of the month before the surviving
spouse's death or remarriage before attaining
age 55. If such survivor annuity is terminated
because of remarriage, it shall be restored at
the same rate commencing on the date such
remarriage is dissolved by death, annulment, or
divorce if any lump sum paid upon termination
of the annuity is returned to the fund.
(c) 18-Month Open Period After Retirement To Provide Spouse
Coverage.--
(1) Survivor annuity elections.--
(A) Election when spouse coverage waived at
time of retirement.--A participant or former
participant who retires after March 31, 1992
and who--
(i) is married at the time of
retirement; and
(ii) elects at that time (in
accordance with subsection (b)) to
waive a survivor annuity for the
spouse,
may, during the 18-month period beginning on
the date of the retirement of the participant,
elect to have a reduction under subsection (b)
made in the annuity of the participant (or in
such portion thereof as the participant may
designate) in order to provide a survivor
annuity for the participant's spouse.
(B) Election when reduced spouse annuity
elected.--A participant or former participant
who retires after March 31, 1992, and--
(i) who, at the time of retirement,
is married, and
(ii) who, at that time designates (in
accordance with subsection (b)) that a
portion of the annuity of such
participant is to be used as the base
for a survivor annuity,
may, during the 18-month period beginning on
the date of the retirement of such participant,
elect to have a greater portion of the annuity
of such participant so used.
(2) Deposit required.--
(A) Requirement.--An election under paragraph
(1) shall not be effective unless the amount
specified in subparagraph (B) is deposited into
the fund before the end of that 18-month
period.
(B) Amount of deposit.--The amount to be
deposited with respect to an election under
this subsection is the amount equal to the sum
of the following:
(i) Additional cost to system.--The
additional cost to the system that is
associated with providing a survivor
annuity under subsection (b) and that
results from such election, taking into
account--
(I) the difference (for the
period between the date on
which the annuity of the
participant or former
participant commences and the
date of the election) between
the amount paid to such
participant or former
participant under this title
and the amount which would have
been paid if such election had
been made at the time the
participant or former
participant applied for the
annuity; and
(II) the costs associated
with providing for the later
election.
(ii) Interest.--Interest on the
additional cost determined under clause
(i), computed using the interest rate
specified or determined under section
8334(e) of title 5, United States Code,
for the calendar year in which the
amount to be deposited is determined.
(3) Voiding of previous elections.--An election by a
participant or former participant under this subsection
voids prospectively any election previously made in the
case of such participant under subsection (b).
(4) Reductions in annuity.--An annuity that is
reduced in connection with an election under this
subsection shall be reduced by the same percentage
reductions as were in effect at the time of the
retirement of the participant or former participant
whose annuity is so reduced.
(5) Rights and obligations resulting from reduced
annuity election.--Rights and obligations resulting
from the election of a reduced annuity under this
subsection shall be the same as the rights and
obligations that would have resulted had the
participant involved elected such annuity at the time
of retirement.
(d) Annuities for Surviving Children.--
(1) Participants dying before april 1, 1992.--In the
case of a retired participant who died before April 1,
1992, and who is survived by a child or children--
(A) if the retired participant was survived
by a spouse, there shall be paid from the fund
to or on behalf of each such surviving child an
annuity determined under paragraph (3)(A); and
(B) if the retired participant was not
survived by a spouse, there shall be paid from
the fund to or on behalf of each such surviving
child an annuity determined under paragraph
(3)(B).
(2) Participants dying on or after april 1, 1992.--In
the case of a retired participant who dies on or after
April 1, 1992, and who is survived by a child or
children--
(A) if the retired participant is survived by
a spouse or former spouse who is the natural or
adoptive parent of a surviving child of the
participant, there shall be paid from the fund
to or on behalf of each such surviving child an
annuity determined under paragraph (3)(A); and
(B) if the retired participant is not
survived by a spouse or former spouse who is
the natural or adoptive parent of a surviving
child of the participant, there shall be paid
to or on behalf of each such surviving child an
annuity determined under paragraph (3)(B).
(3) Amount of annuity.--
(A) The annual amount of an annuity for the
surviving child of a participant covered by
paragraph (1)(A) or (2)(A) of this subsection
(or covered by paragraph (1)(A) or (2)(A) of
section 232(c)) is the smallest of the
following:
(i) 60 percent of the participant's
high-3 average pay, as determined under
subsection (a)(4), divided by the
number of children.
(ii) $900, as adjusted under section
291.
(iii) $2,700, as adjusted under
section 291, divided by the number of
children.
(B) The amount of an annuity for the
surviving child of a participant covered by
paragraph (1)(B) or (2)(B) of this subsection
(or covered by paragraph (1)(B) or (2)(B) of
section 232(c)) is the smallest of the
following:
(i) 75 percent of the participant's
high-3 average pay, as determined under
subsection (a)(4), divided by the
number of children.
(ii) $1,080, as adjusted under
section 291.
(iii) $3,240, as adjusted under
section 291, divided by the number of
children.
(4) Recomputation of child annuities.--
(A) In the case of a child annuity payable
under paragraph (1), upon the death of a
surviving spouse or the termination of the
annuity of a child, the annuities of any
remaining children shall be recomputed and paid
as though the spouse or child had not survived
the retired participant.
(B) In the case of a child annuity payable
under paragraph (2), upon the death of a
surviving spouse or former spouse or
termination of the annuity of a child, the
annuities of any remaining children shall be
recomputed and paid as though the spouse,
former spouse, or child had not survived the
retired participant. If the annuity of a
surviving child who has not been receiving an
annuity is initiated or resumed, the annuities
of any other children shall be recomputed and
paid from that date as though the annuities of
all currently eligible children were then being
initiated.
(5) Definition of former spouse.--For purposes of
this subsection, the term ``former spouse'' includes
any former wife or husband of the retired participant,
regardless of the length of marriage or the amount of
creditable service completed by the participant.
(e) Commencement and Termination of Child Annuities.--
(1) Commencement.--An annuity payable to a child
under subsection (d), or under section 232(c), shall
begin on the day after the date on which the
participant or retired participant dies or, in the case
of an individual over the age of 18 who is not a child
within the meaning of section 102(b), shall begin or
resume on the first day of the month in which the
individual later becomes or again becomes a student as
described in section 102(b). Such annuity may not
commence until any lump-sum that has been paid is
returned to the fund.
(2) Termination.--Such an annuity shall terminate on
the last day of the month before the month in which the
recipient of the annuity dies or no longer qualifies as
a child (as defined in section 102(b)).
(f) Participants Not Married at Time of Retirement.--
(1) Designation of persons with insurable interest.--
(A) Authority to make designation.--Subject
to the rights of former spouses under sections
221(b) and 222, at the time of retirement an
unmarried participant found by the Director to
be in good health may elect to receive an
annuity reduced in accordance with subparagraph
(B) and designate in writing an individual
having an insurable interest in the participant
to receive an annuity under the system after
the participant's death. The amount of such an
annuity shall be equal to 55 percent of the
participant's reduced annuity.
(B) Reduction in participant's annuity.--The
annuity payable to the participant making such
election shall be reduced by 10 percent of an
annuity computed under subsection (a) and by an
additional 5 percent for each full 5 years the
designated individual is younger than the
participant. The total reduction under this
subparagraph may not exceed 40 percent.
(C) Commencement of survivor annuity.--The
annuity payable to the designated individual
shall begin on the day after the retired
participant dies and terminate on the last day
of the month before the designated individual
dies.
(D) Recomputation of participant's annuity on
death of designated individual.--An annuity
which is reduced under this paragraph shall,
effective the first day of the month following
the death of the designated individual, be
recomputed and paid as if the annuity had not
been so reduced.
(2) Election of survivor annuity upon subsequent
marriage.--A participant who is unmarried at the time
of retirement and who later marries may irrevocably
elect, in a signed writing received by the Director
within [one year] two years after the marriage, to
receive a reduced annuity as provided in section
221(b). Such election and reduction shall be effective
on the first day of the month beginning 9 months after
the date of marriage. The election voids prospectively
any election previously made under paragraph (1).
(g) Effect of Divorce After Retirement.--
(1) Recomputation of retired participant's annuity
upon divorce.--An annuity which is reduced under this
section (or any similar prior provision of law) to
provide a survivor annuity for a spouse shall, if the
marriage of the retired participant to such spouse is
dissolved, be recomputed and paid for each full month
during which a retired participant is not married (or
is remarried, if there is no election in effect under
paragraph (2)) as if the annuity had not been so
reduced, subject to any reduction required to provide a
survivor annuity under subsection (b) or (c) of section
222 or under section 226.
(2) Election of survivor annuity upon subsequent
remarriage.--
(A) In general.--Upon remarriage, the retired
participant may irrevocably elect, by means of
a signed writing received by the Director
within [one year] two years after such
remarriage, to receive a reduced annuity for
the purpose of providing an annuity for the new
spouse of the retired participant in the event
such spouse survives the retired participant.
Such reduction shall be equal to the reduction
in effect immediately before the dissolution of
the previous marriage (unless such reduction is
adjusted under section 222(b)(5) or elected
under subparagraph (B)).
(B) When annuity previously not (or not
fully) reduced.--
(i) Election.--If the retired
participant's annuity was not reduced
(or was not fully reduced) to provide a
survivor annuity for the participant's
spouse or former spouse as of the time
of retirement, the retired participant
may make an election under the first
sentence of subparagraph (A) upon
remarriage to a spouse other than the
spouse at the time of retirement. For
any remarriage that occurred before
August 14, 1991, the retired
participant may make such an election
within 2 years after such date.
(ii) Deposit required.--
(I) The retired participant
shall, within [one year] two
years after the date of the
remarriage (or by August 14,
1993 for any remarriage that
occurred before August 14,
1991), deposit in the fund an
amount determined by the
Director, as nearly as may be
administratively feasible, to
reflect the amount by which the
retired participant's annuity
would have been reduced if the
election had been in effect
since the date the annuity
commenced, plus interest.
(II) The annual rate of
interest for each year during
which the retired participant's
annuity would have been reduced
if the election had been in
effect since the date the
annuity commenced shall be 6
percent.
(III) If the retired
participant does not make the
deposit, the Director shall
collect such amount by offset
against the participant's
annuity, up to a maximum of 25
percent of the net annuity
otherwise payable to the
retired participant, and the
retired participant is deemed
to consent to such offset.
(IV) The deposit required by
this subparagraph may be made
by the surviving spouse of the
retired participant.
(C) Effects of election.--An election under
this paragraph and the reduction in the
participant's annuity shall be effective on the
first day of the month beginning 9 months after
the date of remarriage. A survivor annuity
elected under this paragraph shall be treated
in all respects as a survivor annuity under
subsection (b).
(h) Conditional Election of Insurable Interest Survivor
Annuity by Participants Married at the Time of Retirement.--
(1) Authority to make designation.--Subject to the
rights of former spouses under subsection (b) and
section 222, at the time of retirement a married
participant found by the Director to be in good health
may elect to receive an annuity reduced in accordance
with subsection (f)(1)(B) and designate in writing an
individual having an insurable interest in the
participant to receive an annuity under the system
after the participant's death, except that any such
election to provide an insurable interest survivor
annuity to the participant's spouse shall only be
effective if the participant's spouse waives the
spousal right to a survivor annuity under this Act. The
amount of the annuity shall be equal to 55 percent of
the participant's reduced annuity.
(2) Reduction in participant's annuity.--The annuity
payable to the participant making such election shall
be reduced by 10 percent of an annuity computed under
subsection (a) and by an additional 5 percent for each
full 5 years the designated individual is younger than
the participant. The total reduction under this
subparagraph may not exceed 40 percent.
(3) Commencement of survivor annuity.--The annuity
payable to the designated individual shall begin on the
day after the retired participant dies and terminate on
the last day of the month before the designated
individual dies.
(4) Recomputation of participant's annuity on death
of designated individual.--An annuity which is reduced
under this subsection shall, effective the first day of
the month following the death of the designated
individual, be recomputed and paid as if the annuity
had not been so reduced.
[(h)] (i) Coordination of Annuities.--
(1) Surviving spouse.--A surviving spouse whose
survivor annuity was terminated because of remarriage
before attaining age 55 shall not be entitled under
subsection (b)(3)(C) to the restoration of that
survivor annuity payable from the fund unless the
surviving spouse elects to receive it instead of any
other survivor annuity to which the surviving spouse
may be entitled under the system or any other
retirement system for Government employees by reason of
the remarriage.
(2) Former spouse.--A surviving former spouse of a
participant or retired participant shall not become
entitled under section 222(b) or 224 to a survivor
annuity or to the restoration of a survivor annuity
payable from the fund unless the surviving former
spouse elects to receive it instead of any other
survivor annuity to which the surviving former spouse
may be entitled under this or any other retirement
system for Government employees on the basis of a
marriage to someone other than the participant.
(3) Surviving spouse of post-retirement marriage.--A
surviving spouse who married a participant after the
participant's retirement shall be entitled to a
survivor annuity payable from the fund only upon
electing that annuity instead of any other survivor
annuity to which the surviving spouse may be entitled
under this or any other retirement system for
Government employees on the basis of a marriage to
someone other than the retired participant.
[(i)] (j) Supplemental Survivor Annuities.--
(1) Spouse of recalled annuitant.--A married recalled
annuitant who reverts to retired status with
entitlement to a supplemental annuity under section
271(b) shall, unless the annuitant and the annuitant's
spouse jointly elect in writing to the contrary at the
time of reversion to retired status, have the
supplemental annuity reduced by 10 percent to provide a
supplemental survivor annuity for the annuitant's
spouse. Such supplemental survivor annuity shall be
equal to 55 percent of the supplemental annuity of the
annuitant.
(2) Regulations.--The Director shall prescribe
regulations to provide for the application of paragraph
(1) of this subsection and of subsection (b) of section
271 in any case in which an annuitant has a former
spouse who was married to the recalled annuitant at any
time during the period of recall service and who
qualifies for an annuity under section 222(b).
[(j)] (k) Offset of Annuities by Amount of Social Security
Benefit.--Notwithstanding any other provision of this title, an
annuity (including a disability annuity) payable under this
title to an individual described in sections 211(d)(1) and
301(c)(1) and any survivor annuity payable under this title on
the basis of the service of such individual shall be reduced in
a manner consistent with section 8349 of title 5, United States
Code, under conditions consistent with the conditions
prescribed in that section.
[(k)] (l) Information From Other Agencies.--
(1) Other agencies.--For the purpose of ensuring the
accuracy of the information used in the determination
of eligibility for and the computation of annuities
payable from the fund under this title, at the request
of the Director--
(A) the Secretary of Defense shall provide
information on retired or retainer pay paid
under title 10, United States Code;
(B) the Secretary of Veterans Affairs shall
provide information on pensions or compensation
paid under title 38, United States Code;
(C) the Secretary of Health and Human
Services shall provide information contained in
the records of the Social Security
Administration; and
(D) the Secretary of Labor shall provide
information on benefits paid under subchapter I
of chapter 81 of title 5, United States Code.
(2) Limitation on information requested.--The
Director shall request only such information as the
Director determines is necessary.
(3) Limitation on uses of information.--The Director,
in consultation with the officials from whom
information is requested, shall ensure that information
made available under this subsection is used only for
the purposes authorized.
[(l)] (m) Information on Rights Under the System.--The
Director shall, on an annual basis--
(1) inform each retired participant of the
participant's right of election under subsections (c),
(f)(2), and (g); and
(2) to the maximum extent practicable, inform spouses
and former spouses of participants, former
participants, and retired participants of their rights
under this Act.
SEC. 222. ANNUITIES FOR FORMER SPOUSES.
(a) Former Spouse Share of Participant's Annuity.--
(1) Pro rata share.--Unless otherwise expressly
provided by a spousal agreement or court order under
section 264(b), a former spouse of a participant,
former participant, or retired participant is entitled
to an annuity--
(A) if married to the participant, former
participant, or retired participant throughout
the creditable service of the participant,
equal to 50 percent of the annuity of the
participant; or
(B) if not married to the participant
throughout such creditable service, equal to
that proportion of 50 percent of such annuity
that is the proportion that the number of days
of the marriage of the former spouse to the
participant during periods of creditable
service of such participant under this title
bears to the total number of days of such
creditable service.
(2) Disqualification upon remarriage before age 55.--
A former spouse is not qualified for an annuity under
this subsection if before the commencement of that
annuity the former spouse remarries before becoming 55
years of age.
(3) Commencement of annuity.--The annuity of a former
spouse under this subsection commences on the day the
participant upon whose service the annuity is based
becomes entitled to an annuity under this title or on
the first day of the month after the divorce or
annulment involved becomes final, whichever is later.
(4) Termination of annuity.--The annuity of such
former spouse and the right thereto terminate on--
(A) the last day of the month before the
month in which the former spouse dies or
remarries before 55 years of age; or
(B) the date on which the annuity of the
participant terminates (except in the case of
an annuity subject to paragraph (5)(B)).
(5) Treatment of participant's annuity.--
(A) Reduction in participant's annuity.--The
annuity payable to any participant shall be
reduced by the amount of an annuity under this
subsection paid to any former spouse based upon
the service of that participant. Such reduction
shall be disregarded in calculating--
(i) the survivor annuity for any
spouse, former spouse, or other
survivor under this title; and
(ii) any reduction in the annuity of
the participant to provide survivor
benefits under subsection (b) or under
section 221(b).
(B) Treatment when annuitant returns to
service.--If an annuitant whose annuity is
reduced under subparagraph (A) is recalled to
service under section 271, or reinstated or
reappointed, in the case of a recovered
disability annuitant, or if any annuitant is
reemployed as provided for under sections 272
and 273, the pay of that annuitant shall be
reduced by the same amount as the annuity would
have been reduced if it had continued. Amounts
equal to the reductions under this subparagraph
shall be deposited in the Treasury of the
United States to the credit of the fund.
(6) Disability annuitant.--Notwithstanding paragraph
(3), in the case of a former spouse of a disability
annuitant--
(A) the annuity of that former spouse shall
commence on the date on which the participant
would qualify on the basis of the participant's
creditable service for an annuity under this
title (other than a disability annuity) or the
date on which the disability annuity begins,
whichever is later, and
(B) the amount of the annuity of the former
spouse shall be calculated on the basis of the
annuity for which the participant would
otherwise so qualify.
(7) Election of benefits.--A former spouse of a
participant, former participant, or retired participant
shall not become entitled under this subsection to an
annuity payable from the fund unless the former spouse
elects to receive it instead of any survivor annuity to
which the former spouse may be entitled under this or
any other retirement system for Government employees on
the basis of a marriage to someone other than the
participant.
(8) Limitation in case of multiple former spouse
annuities.--No spousal agreement or court order under
section 264(b) involving a participant may provide for
an annuity or a combination of annuities under this
subsection that exceeds the annuity of the participant.
(b) Former Spouse Survivor Annuity.--
(1) Pro rata share.--Subject to any election under
section 221(b)(1)(B) and (C) and unless otherwise
expressly provided by a spousal agreement or court
order under section 264(b), if an annuitant is survived
by a former spouse, the former spouse shall be
entitled--
(A) if married to the annuitant throughout
the creditable service of the annuitant, to a
survivor annuity equal to 55 percent of the
unreduced amount of the annuitant's annuity, as
computed under section 221(a); and
(B) if not married to the annuitant
throughout such creditable service, to a
survivor annuity equal to that proportion of 55
percent of the unreduced amount of such annuity
that is the proportion that the number of days
of the marriage of the former spouse to the
participant during periods of creditable
service of such participant under this title
bears to the total number of days of such
creditable service.
(2) Disqualification upon remarriage before age 55.--
A former spouse shall not be qualified for an annuity
under this subsection if before the commencement of
that annuity the former spouse remarries before
becoming 55 years of age.
(3) Commencement, termination, and restoration of
annuity.--An annuity payable from the fund under this
title to a surviving former spouse under this
subsection shall commence on the day after the
annuitant dies and shall terminate on the last day of
the month before the former spouse's death or
remarriage before attaining age 55. If such a survivor
annuity is terminated because of remarriage, it shall
be restored at the same rate commencing on the date
such remarriage is dissolved by death, annulment, or
divorce if any lump sum paid upon termination of the
annuity is returned to the fund.
(4) Survivor annuity amount.--
(A) Maximum amount.--The maximum survivor
annuity or combination of survivor annuities
under this subsection (and section 221(b)(3))
with respect to any participant may not exceed
55 percent of the full amount of the
participant's annuity, as calculated under
section 221(a).
(B) Limitation on other survivor annuities
based on service of same participant.--Once a
survivor annuity has been provided under this
subsection for any former spouse, a survivor
annuity for another individual may thereafter
be provided under this subsection (or section
221(b)(3)) with respect to the participant only
for that portion (if any) of the maximum
available which is not committed for survivor
benefits for any former spouse whose
prospective right to such annuity has not
terminated by reason of death or remarriage.
(C) Finality of court order upon death of
participant.--After the death of a participant
or retired participant, a court order under
section 264(b) may not adjust the amount of the
annuity of a former spouse of that participant
or retired participant under this section.
(5) Effect of termination of former spouse
entitlement.--
(A) Recomputation of participant's annuity.--
If a former spouse of a retired participant
dies or remarries before attaining age 55, the
annuity of the retired participant, if reduced
to provide a survivor annuity for that former
spouse, shall be recomputed and paid, effective
on the first day of the month beginning after
such death or remarriage, as if the annuity had
not been so reduced, unless an election is in
effect under subparagraph (B).
(B) Election of spouse annuity.--Subject to
paragraph (4)(B), the participant may elect in
writing within [one year] two years after
receipt of notice of the death or remarriage of
the former spouse to continue the reduction in
order to provide a higher survivor annuity
under section 221(b)(3) for any spouse of the
participant.
(c) Optional Additional Survivor Annuities for Other Former
Spouse or Surviving Spouse.--
(1) In general.--In the case of any participant
providing a survivor annuity under subsection (b) for a
former spouse--
(A) such participant may elect, or
(B) a spousal agreement or court order under
section 264(b) may provide for,
an additional survivor annuity under this subsection
for any other former spouse or spouse surviving the
participant, if the participant satisfactorily passes a
physical examination as prescribed by the Director.
(2) Limitation.--Neither the total amount of survivor
annuity or annuities under this subsection with respect
to any participant, nor the survivor annuity or
annuities for any one surviving spouse or former spouse
of such participant under this section or section 221,
may exceed 55 percent of the unreduced amount of the
participant's annuity, as computed under section
221(a).
(3) Contribution for additional annuities.--
(A) Provision of additional survivor
annuity.--In accordance with regulations which
the Director shall prescribe, the participant
involved may provide for any annuity under this
subsection--
(i) by a reduction in the annuity or
an allotment from the basic pay of the
participant;
(ii) by a lump-sum payment or
installment payments to the fund; or
(iii) by any combination thereof.
(B) Actuarial equivalence to benefit.--The
present value of the total amount to accrue to
the fund under subparagraph (A) to provide any
annuity under this subsection shall be
actuarially equivalent in value to such
annuity, as calculated upon such tables of
mortality as may from time to time be
prescribed for this purpose by the Director.
(C) Effect of former spouse's death or
disqualification.--If a former spouse
predeceases the participant or remarries before
attaining age 55 (or, in the case of a spouse,
the spouse predeceases the participant or does
not qualify as a former spouse upon dissolution
of the marriage)--
(i) if an annuity reduction or pay
allotment under subparagraph (A) is in
effect for that spouse or former
spouse, the annuity shall be recomputed
and paid as if it had not been reduced
or the pay allotment terminated, as the
case may be; and
(ii) any amount accruing to the fund
under subparagraph (A) shall be
refunded, but only to the extent that
such amount may have exceeded the
actuarial cost of providing benefits
under this subsection for the period
such benefits were provided, as
determined under regulations prescribed
by the Director.
(D) Recomputation upon death or remarriage of
former spouse.--Under regulations prescribed by
the Director, an annuity shall be recomputed
(or a pay allotment terminated or adjusted),
and a refund provided (if appropriate), in a
manner comparable to that provided under
subparagraph (C), in order to reflect a
termination or reduction of future benefits
under this subsection for a spouse in the event
a former spouse of the participant dies or
remarries before attaining age 55 and an
increased annuity is provided for that spouse
in accordance with this section.
(4) Commencement and termination of additional
survivor annuity.--An annuity payable under this
subsection to a spouse or former spouse shall commence
on the day after the participant dies and shall
terminate on the last day of the month before the
spouse's or the former spouse's death or remarriage
before attaining age 55.
(5) Nonapplicability of cola provision.--Section 291
does not apply to an annuity under this subsection,
unless authorized under regulations prescribed by the
Director.
* * * * * * *
Part D--Benefits Accruing to Certain Participants
* * * * * * *
SEC. 232. DEATH IN SERVICE.
(a) Return of Contributions When No Annuity Payable.--If a
participant dies and no claim for an annuity is payable under
this title, the participant's lump-sum credit and any voluntary
contributions made under section 281, with interest, shall be
paid in the order of precedence shown in section 241(c).
(b) Survivor Annuity for Surviving Spouse or Former Spouse.--
(1) In general.--If a participant dies before
separation or retirement from the Agency and is
survived by a spouse or by a former spouse qualifying
for a survivor annuity under section 222(b), such
surviving spouse shall be entitled to an annuity equal
to 55 percent of the annuity computed in accordance
with paragraphs (2) and (3) of this subsection and
section 221(a), and any such surviving former spouse
shall be entitled to an annuity computed in accordance
with section 222(b) and paragraph (2) of this
subsection as if the participant died after being
entitled to an annuity under this title. The annuity of
such surviving spouse or former spouse shall commence
on the day after the participant dies and shall
terminate on the last day of the month before the death
or remarriage before attaining age 55 of the surviving
spouse or former spouse (subject to the payment and
restoration provisions of sections 221(b)(3)(C),
[221(h),] 221(i), and 222(b)(3)).
(2) Computation.--The annuity payable under paragraph
(1) shall be computed in accordance with section
221(a), except that the computation of the annuity of
the participant under such section shall be at least
the smaller of (A) 40 percent of the participant's
high-3 average pay, or (B) the sum obtained under such
section after increasing the participant's length of
service by the difference between the participant's age
at the time of death and age 60.
(3) Limitation.--Notwithstanding paragraph (1), if
the participant had a former spouse qualifying for an
annuity under section 222(b), the annuity of a
surviving spouse under this section shall be subject to
the limitation of section 221(b)(3)(B), and the annuity
of a former spouse under this section shall be subject
to the limitation of section 222(b)(4)(B).
(4) Precedence of section 224 survivor annuity over
death-in-service annuity.--If a former spouse who is
eligible for a death-in-service annuity under this
section is or becomes eligible for an annuity under
section 224, the annuity provided under this section
shall not be payable and shall be superseded by the
annuity under section 224.
(c) Annuities for Surviving Children.--
(1) Participants dying before april 1, 1992.--In the
case of a participant who before April 1, 1992, died
before separation or retirement from the Agency and who
was survived by a child or children--
(A) if the participant was survived by a
spouse, there shall be paid from the fund to or
on behalf of each such surviving child an
annuity determined under section 221(d)(3)(A);
and
(B) if the participant was not survived by a
spouse, there shall be paid from the fund to or
on behalf of each such surviving child an
annuity determined under section 221(d)(3)(B).
(2) Participants dying on or after april 1, 1992.--In
the case of a participant who on or after April 1,
1992, dies before separation or retirement from the
Agency and who is survived by a child or children--
(A) if the participant is survived by a
spouse or former spouse who is the natural or
adoptive parent of a surviving child of the
participant, there shall be paid from the fund
to or on behalf of each such surviving child an
annuity determined under section 221(d)(3)(A);
and
(B) if the participant is not survived by a
spouse or former spouse who is the natural or
adoptive parent of a surviving child of the
participant, there shall be paid to or on
behalf of each such surviving child an annuity
determined under section 221(d)(3)(B).
(3) Former spouse defined.--For purposes of this
subsection, the term ``former spouse'' includes any
former wife or husband of a participant, regardless of
the length of marriage or the amount of creditable
service completed by the participant.
* * * * * * *
Part F--Period of Service for Annuities
* * * * * * *
SEC. 252. PRIOR SERVICE CREDIT.
(a) In General.--A participant may, subject to the provisions
of this section, include in the participant's period of
service--
(1) civilian service in the Government before
becoming a participant that would be creditable toward
retirement under subchapter III of chapter 83 of title
5, United States Code (as determined under section
8332(b) of such title); and
(2) honorable active service in the Armed Forces
before the date of the separation upon which
eligibility for an annuity is based, or honorable
active service in the Regular or Reserve Corps of the
Public Health Service after June 30, 1960, or as a
commissioned officer of the National Oceanic and
Atmospheric Administration after June 30, 1961.
(b) Limitations.--
(1) In general.--Except as provided in paragraphs (2)
and (3), the total service of any participant shall
exclude--
(A) any period of civilian service on or
after October 1, 1982, for which retirement
deductions or deposits have not been made,
(B) any period of service for which a refund
of contributions has been made, or
(C) any period of service for which
contributions were not transferred pursuant to
subsection (c)(1);
unless the participant makes a deposit to the fund in
an amount equal to the percentages of basic pay
received for such service as specified in the table
contained in section 8334(c) of title 5, United States
Code, together with interest computed in accordance
with section 8334(e) of such title. The deposit may be
made in one or more installments (including by
allotment from pay), as determined by the Director.
(2) Effect of retirement deductions not made.--If a
participant has not paid a deposit for civilian service
performed before October 1, 1982, for which retirement
deductions were not made, such participant's annuity
shall be reduced by 10 percent of the deposit described
in paragraph (1) remaining unpaid, unless the
participant elects to eliminate the service involved
for the purpose of the annuity computation.
(3) Effect of refund of retirement contributions.--A
participant who received a refund of retirement
contributions under this or any other retirement system
for Government employees covering service for which the
participant may be allowed credit under this title may
deposit the amount received, with interest computed
under paragraph (1). Credit may not be allowed for the
service covered by the refund until the deposit is
made, except that a participant who--
(A) separated from Government service before
[October 1, 1990] March 31, 1991, and received
a refund of the participant's retirement
contributions covering a period of service
ending before [October 1, 1990] March 31, 1991;
(B) is entitled to an annuity under this
title (other than a disability annuity) which
commences after December 1, 1992; and
(C) does not make the deposit required to
receive credit for the service covered by the
refund;
shall be entitled to an annuity actuarially reduced in
accordance with section 8334(d)(2)(B) of title 5,
United States Code.
(4) Entitlement under another system.--Credit toward
retirement under the system shall not be allowed for
any period of civilian service on the basis of which
the participant is receiving (or will in the future be
entitled to receive) an annuity under another
retirement system for Government employees, unless the
right to such annuity is waived and a deposit is made
under paragraph (1) covering that period of service, or
a transfer is made pursuant to subsection (c).
(c) Transfer From Other Government Retirement Systems.--
(1) In general.--If an employee who is under another
retirement system for Government employees becomes a
participant in the system by direct transfer, the
Government's contributions (including interest accrued
thereon computed in accordance with section 8334(e) of
title 5, United States Code) under such retirement
system on behalf of the employee as well as such
employee's total contributions and deposits (including
interest accrued thereon), except voluntary
contributions, shall be transferred to the employee's
credit in the fund effective as of the date such
employee becomes a participant in the system.
(2) Consent of employee.--Each such employee shall be
deemed to consent to the transfer of such funds, and
such transfer shall be a complete discharge and
acquittance of all claims and demands against the other
Government retirement fund on account of service
rendered before becoming a participant in the system.
(3) Additional contributions; refunds.--A participant
whose contributions are transferred pursuant to
paragraph (1) shall not be required to make additional
contributions for periods of service for which full
contributions were made to the other Government
retirement fund, nor shall any refund be made to any
such participant on account of contributions made
during any period to the other Government retirement
fund at a higher rate than that fixed for employees by
section 8334(c) of title 5, United States Code, for
contributions to the fund.
(d) Transfer to Other Government Retirement Systems.--
(1) In general.--If a participant in the system
becomes an employee under another Government retirement
system by direct transfer to employment covered by such
system, the Government's contributions (including
interest accrued thereon computed in accordance with
section 8334(e) of title 5, United States Code) to the
fund on the participant's behalf as well as the
participant's total contributions and deposits
(including interest accrued thereon), except voluntary
contributions, shall be transferred to the
participant's credit in the fund of such other
retirement system effective as of the date on which the
participant becomes eligible to participate in such
other retirement system.
(2) Consent of employee.--Each such employee shall be
deemed to consent to the transfer of such funds, and
such transfer shall be a complete discharge and
acquittance of all claims and demands against the fund
on account of service rendered before the participant's
becoming eligible for participation in that other
system.
(e) Prior Military Service Credit.--
(1) Application to obtain credit.--If a deposit
required to obtain credit for prior military service
described in subsection (a)(2) was not made to another
Government retirement fund and transferred under
subsection (c)(1), the participant may obtain credit
for such military service, subject to the provisions of
this subsection and subsections (f) through (h), by
applying for it to the Director before retirement or
separation from the Agency.
(2) Employment starting before, on, or after october
1, 1982.--Except as provided in paragraph (3)--
(A) the service of a participant who first
became a Federal employee before October 1,
1982, shall include credit for each period of
military service performed before the date of
separation on which entitlement to an annuity
under this title is based, subject to section
252(f); and
(B) the service of a participant who first
becomes a Federal employee on or after October
1, 1982, shall include credit for--
(i) each period of military service
performed before January 1, 1957, and
(ii) each period of military service
performed after December 31, 1956, and
before the separation on which
entitlement to an annuity under this
title is based, only if a deposit (with
interest, if any) is made with respect
to that period, as provided in
subsection (h).
(3) Effect of receipt of military retired pay.--In
the case of a participant who is entitled to retired
pay based on a period of military service, the
participant's service may not include credit for such
period of military service unless the retired pay is
paid--
(A) on account of a service-connected
disability--
(i) incurred in combat with an enemy
of the United States; or
(ii) caused by an instrumentality of
war and incurred in the line of duty
during a period of war (as defined in
section 1101 of title 38, United States
Code); or
(B) under chapter 67 of title 10, United
States Code.
(4) Survivor annuity.--Notwithstanding paragraph (3),
the survivor annuity of a survivor of a participant--
(A) who was awarded retired pay based on any
period of military service, and
(B) whose death occurs before separation from
the Agency,
shall be computed in accordance with section 8332(c)(3)
of title 5, United States Code.
(f) Effect of Entitlement to Social Security Benefits.--
(1) In general.--Notwithstanding any other provision
of this section (except paragraph (3) of this
subsection) or section 253, any military service (other
than military service covered by military leave with
pay from a civilian position) performed by a
participant after December 1956 shall be excluded in
determining the aggregate period of service on which an
annuity payable under this title to such participant or
to the participant's spouse, former spouse, previous
spouse, or child is based, if such participant, spouse,
former spouse, previous spouse, or child is entitled
(or would upon proper application be entitled), at the
time of such determination, to monthly old-age or
survivors' insurance benefits under section 202 of the
Social Security Act (42 U.S.C. 402), based on such
participant's wages and self-employment income. If the
military service is not excluded under the preceding
sentence, but upon attaining age 62, the participant or
spouse, former spouse, or previous spouse becomes
entitled (or would upon proper application be entitled)
to such benefits, the aggregate period of service on
which the annuity is based shall be redetermined,
effective as of the first day of the month in which the
participant or spouse, former spouse, or previous
spouse attains age 62, so as to exclude such service.
(2) Limitation.--The provisions of paragraph (1)
relating to credit for military service do not apply
to--
(A) any period of military service of a
participant with respect to which the
participant has made a deposit with interest,
if any, under subsection (h); or
(B) the military service of any participant
described in subsection (e)(2)(B).
(3) Effect of entitlement before september 8, 1982.--
(A) The annuity recomputation required by paragraph (1)
shall not apply to any participant who was entitled to
an annuity under this title on or before September 8,
1982, or who is entitled to a deferred annuity based on
separation from the Agency occurring on or before such
date. Instead of an annuity recomputation, the annuity
of such participant shall be reduced at age 62 by an
amount equal to a fraction of the participant's old-age
or survivors' insurance benefits under section 202 of
the Social Security Act. The reduction shall be
determined by multiplying the participant's monthly
Social Security benefit by a fraction, the numerator of
which is the participant's total military wages and
deemed additional wages (within the meaning of section
229 of the Social Security Act (42 U.S.C. 429)) that
were subject to Social Security deductions and the
denominator of which is the total of all the
participant's wages, including military wages, and all
self-employment income that were subject to Social
Security deductions before the calendar year in which
the determination month occurs.
(B) The reduction determined in accordance with
subparagraph (A) shall not be greater than the
reduction that would be required under paragraph (1) if
such paragraph applied to the participant. The new
formula shall be applicable to any annuity payment
payable after October 1, 1982, including annuity
payments to participants who had previously reached age
62 and whose annuities had already been recomputed.
(C) For purposes of this paragraph, the term
``determination month'' means--
(i) the first month for which the participant
is entitled to old-age or survivors' insurance
benefits (or would be entitled to such benefits
upon application therefor); or
(ii) October 1982, in the case of any
participant entitled to such benefits for that
month.
(g) Deposits Paid by Survivors.--For the purpose of survivor
annuities, deposits authorized by subsections (b) and (h) may
also be made by the survivor of a participant.
(h)(1)(A) Each participant who has performed military service
before the date of separation on which entitlement to an
annuity under this title is based may pay to the Agency an
amount equal to 7 percent of the amount of basic pay paid under
section 204 of title 37, United States Code, to the participant
for each period of military service after December 1956;
except, the amount to be paid for military service performed
beginning on January 1, 1999, through December 31, 2000, shall
be as follows:
7.25 percent of basic January 1, 1999, to December 31, 1999.
pay.
7.4 percent of basic January 1, 2000, to December 31, 2000.
pay.
(B) The amount of such payments shall be based on such
evidence of basic pay for military service as the participant
may provide or, if the Director determines sufficient evidence
has not been provided to adequately determine basic pay for
military service, such payment shall be based upon estimates of
such basic pay provided to the Director under paragraph (4).
(2) Any deposit made under paragraph (1) more than
two years after the later of--
(A) October 1, 1983, or
(B) the date on which the participant making
the deposit first becomes an employee of the
Federal Government,
shall include interest on such amount computed and
compounded annually beginning on the date of expiration
of the two-year period. The interest rate that is
applicable in computing interest in any year under this
paragraph shall be equal to the interest rate that is
applicable for such year under section 8334(e) of title
5, United States Code.
(3) Any payment received by the Director under this
subsection shall be deposited in the Treasury of the
United States to the credit of the fund.
(4) The provisions of section [221(k)] 221(l) shall
apply with respect to such information as the Director
determines to be necessary for the administration of
this subsection in the same manner that such section
applies concerning information described in that
section.
* * * * * * *
Part H--Retired Participants Recalled, Reinstated, or Reappointed in
the Agency or Reemployed in the Government
* * * * * * *
SEC. 273. REEMPLOYMENT COMPENSATION.
(a) Deduction From Basic Pay.--An annuitant who has retired
under this title and who is reemployed in the Federal
Government service in any appointive position (either on a
part-time or full-time basis) shall be entitled to receive the
annuity payable under this title, but there shall be deducted
from the annuitant's basic pay a sum equal to the annuity
allocable to the period of actual employment.
(b) Part-Time Reemployed Annuitants.--The Director shall have
the authority to reemploy an annuitant on a part-time basis in
accordance with section 8344(l) of title 5, United States Code.
[(b)] (c) Recovery of Overpayments.--In the event of an
overpayment under this section, the amount of the overpayment
shall be recovered by withholding the amount involved from the
basic pay payable to such reemployed annuitant or from any
other moneys, including the annuitant's annuity, payable in
accordance with this title.
[(c)] (d) Deposit in the Fund.--Sums deducted from the basic
pay of a reemployed annuitant under this section shall be
deposited in the Treasury of the United States to the credit of
the fund.
* * * * * * *
----------
CENTRAL INTELLIGENCE AGENCY ACT OF 1949
* * * * * * *
general authorities
Sec. 5. (a) In General.--In the performance of its functions,
the Central Intelligence Agency is authorized to--
(1) Transfer to and receive from other Government agencies
such sums as may be approved by the Office of Management and
Budget, for the performance of any of the functions or
activities authorized under section 104A of the National
Security Act of 1947 [(50 U.S.C. 403-4a).,] (50 U.S.C. 403-4a),
and any other Government agency is authorized to transfer to or
receive from the Agency such sums without regard to any
provisions of law limiting or prohibiting transfers between
appropriations. Sums transferred to the Agency in accordance
with this paragraph may be expended for the purposes and under
the authority of this Act without regard to limitations of
appropriations from which transferred;
(2) Exchange funds without regard to section 3651 Revised
Statutes (31 U.S.C. 543);
(3) Reimburse other Government agencies for services of
personnel assigned to the Agency, and such other Government
agencies are hereby authorized, without regard to provisions of
law to the contrary, so to assign or detail any officer or
employee for duty with the Agency;
(4) Authorize personnel designated by the Director to carry
firearms to the extent necessary for the performance of the
Agency's authorized functions, except that, within the United
States, such authority shall be limited to the purposes of
protection of classified materials and information, the
training of Agency personnel and other authorized persons in
the use of firearms, the protection of Agency installations and
property, the protection of current and former Agency personnel
and their immediate families, defectors and their immediate
families, and other persons in the United States under Agency
auspices, and the protection of the Director of National
Intelligence and [such personnel of the Office of the Director
of National Intelligence as the Director of National
Intelligence may designate;] current and former personnel of
the Office of the Director of National Intelligence and their
immediate families as the Director of National Intelligence may
designate;
(5) Make alterations, improvements, and repairs on premises
rented by the Agency, and pay rent therefor;
(6) Determine and fix the minimum and maximum limits of age
within which an original appointment may be made to an
operational position within the Agency, notwithstanding the
provision of any other law, in accordance with such criteria as
the Director, in his discretion, may prescribe; [and]
(7) Notwithstanding section 1341(a)(1) of title 31,
United States Code, enter into multiyear leases for up
to 15 years[.]; and
(8) Upon the approval of the Director, provide,
during any fiscal year, with or without reimbursement,
subsistence to any personnel assigned to an overseas
location designated by the Agency as an austere
location.
(b) Scope of Authority for Expenditure.--(1) The authority to
enter into a multiyear lease under subsection (a)(7) shall be
subject to appropriations provided in advance for--
(A) the entire lease; or
(B) the first 12 months of the lease and the
Government's estimated termination liability.
(2) In the case of any such lease entered into under
subparagraph (B) of paragraph (1)--
(A) such lease shall include a clause that provides
that the contract shall be terminated if budget
authority (as defined by section 3(2) of the
Congressional Budget and Impoundment Control Act of
1974 (2 U.S.C. 622(2))) is not provided specifically
for that project in an appropriations Act in advance of
an obligation of funds in respect thereto;
(B) notwithstanding section 1552 of title 31, United
States Code, amounts obligated for paying termination
costs with respect to such lease shall remain available
until the costs associated with termination of such
lease are paid;
(C) funds available for termination liability shall
remain available to satisfy rental obligations with
respect to such lease in subsequent fiscal years in the
event such lease is not terminated early, but only to
the extent those funds are in excess of the amount of
termination liability at the time of their use to
satisfy such rental obligations; and
(D) funds appropriated for a fiscal year may be used
to make payments on such lease, for a maximum of 12
months, beginning any time during such fiscal year.
(c) Transfers for Acquisition of Land.--(1) Sums appropriated
or otherwise made available to the Agency for the acquisition
of land that are transferred to another department or agency
for that purpose shall remain available for 3 years.
(2) The Director shall submit to the Select Committee on
Intelligence of the Senate and the Permanent Select Committee
on Intelligence of the House of Representatives a report on the
transfer of sums described in paragraph (1) each time that
authority is exercised.
* * * * * * *
retirement equity for spouses of certain employees
Sec. 14. (a) The provisions of sections 102, 221(b) (1)-(3),
221(f), 221(g), [221(h)(2), 221(i), 221(l),] 221(i)(2), 221(j),
221(m), 222, 223, 224, 225, 232(b), 241(b), 241(d), and 264(b)
of the Central Intelligence Agency Retirement Act (50 U.S.C.
403 note) establishing certain requirements, limitations,
rights, entitlements, and benefits relating to retirement
annuities, survivor benefits, and lump-sum payments for a
spouse or former spouse of an Agency employee who is a
participant in the Central Intelligence Agency Retirement and
Disability System shall apply in the same manner and to the
same extent in the case of an Agency employee who is a
participant in the Civil Service Retirement and Disability
System.
(b) The Director of the Office of Personnel Management, in
consultation with the Director of the Central Intelligence
Agency, shall prescribe such regulations as may be necessary to
implement the provisions of this section.
* * * * * * *
SEC. 19A. SPECIAL RULES FOR CERTAIN INDIVIDUALS INJURED BY REASON OF
WAR, INSURGENCY, HOSTILE ACT, OR TERRORIST
ACTIVITIES.
(a) Adjustment of Compensation for Certain Injuries.--
(1) Increase.--The Director of the Central
Intelligence Agency may increase the amount of monthly
compensation paid to a covered employee under section
8105 of title 5, United States Code. Subject to
paragraph (2), the Director may determine the amount of
each such increase by taking into account--
(A) the severity of the qualifying injury;
(B) the circumstances by which the covered
employee became injured; and
(C) the seniority of the covered employee.
(2) Maximum.--Notwithstanding chapter 81 of title 5, United
States Code, the total amount of monthly compensation increased
under paragraph (1) may not exceed the monthly pay of the
maximum rate of basic pay for GS-15 of the General Schedule
under section 5332 of title 5, United States Code.
(b) Costs for Treating Qualifying Injuries.--The Director may
pay the costs of treating a qualifying injury of a covered
employee, a covered individual, or a covered dependent, or may
reimburse a covered employee, a covered individual, or a
covered dependent for such costs, that are not otherwise
covered by chapter 81 of title 5, United States Code, or other
provision of Federal law.
(c) Treatment of Amounts.--For purposes of section 104 of the
Internal Revenue Code of 1986, amounts paid pursuant to this
section shall be treated as amounts paid under chapter 81 of
title 5, United States Code.
(d) Definitions.--In this section:
(1) Covered dependent.--The term ``covered
dependent'' means a family member of a covered employee
who, on or after September 11, 2001--
(A) accompanies the covered employee to an
assigned duty station in a foreign country; and
(B) becomes injured by reason of a qualifying
injury.
(2) Covered employee.--The term ``covered employee''
means an officer or employee of the Central
Intelligence Agency who, on or after September 11,
2001, becomes injured by reason of a qualifying injury.
(3) Covered individual.--The term ``covered
individual'' means an individual who--
(A)(i) is detailed to the Central
Intelligence Agency from other agencies of the
United States Government or from the Armed
Forces; or
(ii) is affiliated with the Central
Intelligence Agency, as determined by the
Director; and
(B) who, on or after September 11, 2001,
becomes injured by reason of a qualifying
injury.
(4) Qualifying injury.--The term ``qualifying
injury'' means the following:
(A) With respect to a covered dependent, an
injury incurred--
(i) during war, insurgency, hostile
act, or terrorist activities occurring
during a period in which the covered
dependent is accompanying the covered
employee to an assigned duty station in
a foreign country; and
(ii) that was not the result of the
willful misconduct of the covered
dependent.
(B) With respect to a covered employee or a
covered individual, an injury incurred--
(i) during war, insurgency, hostile
act, or terrorist activities occurring
during a period of assignment to a duty
station in a foreign country; and
(ii) that was not the result of the
willful misconduct of the covered
employee or the covered individual.
* * * * * * *
----------
INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004
* * * * * * *
TITLE I--REFORM OF THE INTELLIGENCE COMMUNITY
* * * * * * *
SEC. 1016. INFORMATION SHARING.
(a) Definitions.--In this section:
(1) Homeland security information.--The term
``homeland security information'' has the meaning given
that term in section 892(f) of the Homeland Security
Act of 2002 (6 U.S.C. 482(f)).
(2) Information sharing council.--The term
``Information Sharing Council'' means the Information
Systems Council established by Executive Order 13356,
or any successor body designated by the President, and
referred to under subsection (g).
(3) Information sharing environment.--The terms
``information sharing environment'' and ``ISE'' mean an
approach that facilitates the sharing of terrorism and
homeland security information, which may include any
method determined necessary and appropriate for
carrying out this section.
(4) Program manager.--The term ``program manager''
means the program manager designated under subsection
(f).
(5) Terrorism information.--The term ``terrorism
information''--
(A) means all information, whether collected,
produced, or distributed by intelligence, law
enforcement, military, homeland security, or
other activities relating to--
(i) the existence, organization,
capabilities, plans, intentions,
vulnerabilities, means of finance or
material support, or activities of
foreign or international terrorist
groups or individuals, or of domestic
groups or individuals involved in
transnational terrorism;
(ii) threats posed by such groups or
individuals to the United States,
United States persons, or United States
interests, or to those of other
nations;
(iii) communications of or by such
groups or individuals; or
(iv) groups or individuals reasonably
believed to be assisting or associated
with such groups or individuals; and
(B) includes weapons of mass destruction
information.
(6) Weapons of mass destruction information.--The
term ``weapons of mass destruction information'' means
information that could reasonably be expected to assist
in the development, proliferation, or use of a weapon
of mass destruction (including a chemical, biological,
radiological, or nuclear weapon) that could be used by
a terrorist or a terrorist organization against the
United States, including information about the location
of any stockpile of nuclear materials that could be
exploited for use in such a weapon that could be used
by a terrorist or a terrorist organization against the
United States.
(b) Information Sharing Environment.--
(1) Establishment.--The [President] Director of
National Intelligence shall--
(A) create an information sharing environment
for the sharing of terrorism information in a
manner consistent with national security and
with applicable legal standards relating to
privacy and civil liberties;
(B) designate the organizational and
management structures that will be used to
operate and manage the ISE; and
(C) determine and enforce the policies,
directives, and rules that will govern the
content and usage of the ISE.
(2) Attributes.--The [President] Director of National
Intelligence shall, through the structures described in
subparagraphs (B) and (C) of paragraph (1), ensure that
the ISE provides and facilitates the means for sharing
terrorism information among all appropriate Federal,
State, local, and tribal entities, and the private
sector through the use of policy guidelines and
technologies. The [President] Director of National
Intelligence shall, to the greatest extent practicable,
ensure that the ISE provides the functional equivalent
of, or otherwise supports, a decentralized,
distributed, and coordinated environment that--
(A) connects existing systems, where
appropriate, provides no single points of
failure, and allows users to share information
among agencies, between levels of government,
and, as appropriate, with the private sector;
(B) ensures direct and continuous online
electronic access to information;
(C) facilitates the availability of
information in a form and manner that
facilitates its use in analysis, investigations
and operations;
(D) builds upon existing systems capabilities
currently in use across the Government;
(E) employs an information access management
approach that controls access to data rather
than just systems and networks, without
sacrificing security;
(F) facilitates the sharing of information at
and across all levels of security;
(G) provides directory services, or the
functional equivalent, for locating people and
information;
(H) incorporates protections for individuals'
privacy and civil liberties;
(I) incorporates strong mechanisms to enhance
accountability and facilitate oversight,
including audits, authentication, and access
controls;
(J) integrates the information within the
scope of the information sharing environment,
including any such information in legacy
technologies;
(K) integrates technologies, including all
legacy technologies, through Internet-based
services, consistent with appropriate security
protocols and safeguards, to enable
connectivity among required users at the
Federal, State, and local levels;
(L) allows the full range of analytic and
operational activities without the need to
centralize information within the scope of the
information sharing environment;
(M) permits analysts to collaborate both
independently and in a group (commonly known as
``collective and noncollective
collaboration''), and across multiple levels of
national security information and controlled
unclassified information;
(N) provides a resolution process that
enables changes by authorized officials
regarding rules and policies for the access,
use, and retention of information within the
scope of the information sharing environment;
and
(O) incorporates continuous, real-time, and
immutable audit capabilities, to the maximum
extent practicable.
(c) Preliminary Report.--Not later than 180 days after the
date of the enactment of this Act, the program manager shall,
in consultation with the Information Sharing Council--
(1) submit to the President and Congress a
description of the technological, legal, and policy
issues presented by the creation of the ISE, and the
way in which these issues will be addressed;
(2) establish an initial capability to provide
electronic directory services, or the functional
equivalent, to assist in locating in the Federal
Government intelligence and terrorism information and
people with relevant knowledge about intelligence and
terrorism information; and
(3) conduct a review of relevant current Federal
agency capabilities, databases, and systems for sharing
information.
(d) Guidelines and Requirements.--As soon as possible, but in
no event later than 270 days after the date of the enactment of
this Act, the President shall--
(1) leverage all ongoing efforts consistent with
establishing the ISE and issue guidelines for
acquiring, accessing, sharing, and using information,
including guidelines to ensure that information is
provided in its most shareable form, such as by using
tearlines to separate out data from the sources and
methods by which the data are obtained;
(2) in consultation with the Privacy and Civil
Liberties Oversight Board established under section
1061, issue guidelines that--
(A) protect privacy and civil liberties in
the development and use of the ISE; and
(B) shall be made public, unless
nondisclosure is clearly necessary to protect
national security; and
(3) require the heads of Federal departments and
agencies to promote a culture of information sharing
by--
(A) reducing disincentives to information
sharing, including over-classification of
information and unnecessary requirements for
originator approval, consistent with applicable
laws and regulations; and
(B) providing affirmative incentives for
information sharing.
(e) Implementation Plan Report.--Not later than one year
after the date of the enactment of this Act, the President
shall, with the assistance of the program manager, submit to
Congress a report containing an implementation plan for the
ISE. The report shall include the following:
(1) A description of the functions, capabilities,
resources, and conceptual design of the ISE, including
standards.
(2) A description of the impact on enterprise
architectures of participating agencies.
(3) A budget estimate that identifies the incremental
costs associated with designing, testing, integrating,
deploying, and operating the ISE.
(4) A project plan for designing, testing,
integrating, deploying, and operating the ISE.
(5) The policies and directives referred to in
subsection (b)(1)(C), as well as the metrics and
enforcement mechanisms that will be utilized.
(6) Objective, systemwide performance measures to
enable the assessment of progress toward achieving the
full implementation of the ISE.
(7) A description of the training requirements needed
to ensure that the ISE will be adequately implemented
and properly utilized.
(8) A description of the means by which privacy and
civil liberties will be protected in the design and
operation of the ISE.
(9) The recommendations of the program manager, in
consultation with the Information Sharing Council,
regarding whether, and under what conditions, the ISE
should be expanded to include other intelligence
information.
(10) A delineation of the roles of the Federal
departments and agencies that will participate in the
ISE, including an identification of the agencies that
will deliver the infrastructure needed to operate and
manage the ISE (as distinct from individual department
or agency components that are part of the ISE), with
such delineation of roles to be consistent with--
(A) the authority of the Director of National
Intelligence under this title, and the
amendments made by this title, to set standards
for information sharing throughout the
intelligence community; and
(B) the authority of the Secretary of
Homeland Security and the Attorney General, and
the role of the Department of Homeland Security
and the Department of Justice, in coordinating
with State, local, and tribal officials and the
private sector.
(11) The recommendations of the program manager, in
consultation with the Information Sharing Council, for
a future management structure for the ISE, including
whether the position of program manager should continue
to remain in existence.
(f) Program Manager.--
(1) Designation.--Not later than 120 days after the
date of the enactment of this Act, with notification to
Congress, the President shall designate an individual
as the program manager responsible for information
sharing across the Federal Government. [The individual
designated as the program manager shall serve as
program manager until removed from service or replaced
by the President (at the President's sole discretion).]
Beginning on the date of the enactment of the
Intelligence Authorization Act for Fiscal Year 2018,
each individual designated as the program manager shall
be appointed by the Director of National Intelligence.
The program manager, in consultation with the head of
any affected department or agency, shall have and
exercise governmentwide authority over the sharing of
information within the scope of the information sharing
environment, including homeland security information,
terrorism information, and weapons of mass destruction
information, by all Federal departments, agencies, and
components, irrespective of the Federal department,
agency, or component in which the program manager may
be administratively located, except as otherwise
expressly provided by law.
(2) Duties and responsibilities.--
(A) In general.--The program manager shall,
in consultation with the Information Sharing
Council--
(i) plan for and oversee the
implementation of, and manage, the ISE;
(ii) assist in the development of
policies, as appropriate, to foster the
development and proper operation of the
ISE;
(iii) consistent with the direction
and policies issued by the President,
the Director of National Intelligence,
and the Director of the Office of
Management and Budget, issue
governmentwide procedures, guidelines,
instructions, and functional standards,
as appropriate, for the management,
development, and proper operation of
the ISE;
(iv) identify and resolve information
sharing disputes between Federal
departments, agencies, and components;
and
(v) assist, monitor, and assess the
implementation of the ISE by Federal
departments and agencies to ensure
adequate progress, technological
consistency and policy compliance; and
regularly report the findings to
Congress.
(B) Content of policies, procedures,
guidelines, rules, and standards.--The
policies, procedures, guidelines, rules, and
standards under subparagraph (A)(ii) shall--
(i) take into account the varying
missions and security requirements of
agencies participating in the ISE;
(ii) address development,
implementation, and oversight of
technical standards and requirements;
(iii) take into account ongoing and
planned efforts that support
development, implementation and
management of the ISE;
(iv) address and facilitate
information sharing between and among
departments and agencies of the
intelligence community, the Department
of Defense, the homeland security
community and the law enforcement
community;
(v) address and facilitate
information sharing between Federal
departments and agencies and State,
tribal, and local governments;
(vi) address and facilitate, as
appropriate, information sharing
between Federal departments and
agencies and the private sector;
(vii) address and facilitate, as
appropriate, information sharing
between Federal departments and
agencies with foreign partners and
allies; and
(viii) ensure the protection of
privacy and civil liberties.
(g) Information Sharing Council.--
(1) Establishment.--There is established an
Information Sharing Council that shall assist the
President and the program manager in their duties under
this section. The Information Sharing Council shall
serve until removed from service or replaced by the
President (at the sole discretion of the President)
with a successor body.
(2) Specific duties.--In assisting the President and
the program manager in their duties under this section,
the Information Sharing Council shall--
(A) advise the President and the program
manager in developing policies, procedures,
guidelines, roles, and standards necessary to
establish, implement, and maintain the ISE;
(B) work to ensure coordination among the
Federal departments and agencies participating
in the ISE in the establishment,
implementation, and maintenance of the ISE;
(C) identify and, as appropriate, recommend
the consolidation and elimination of current
programs, systems, and processes used by
Federal departments and agencies to share
information, and recommend, as appropriate, the
redirection of existing resources to support
the ISE;
(D) identify gaps, if any, between existing
technologies, programs and systems used by
Federal departments and agencies to share
information and the parameters of the proposed
information sharing environment;
(E) recommend solutions to address any gaps
identified under subparagraph (D);
(F) recommend means by which the ISE can be
extended to allow interchange of information
between Federal departments and agencies and
appropriate authorities of State and local
governments;
(G) assist the program manager in identifying
and resolving information sharing disputes
between Federal departments, agencies, and
components;
(H) identify appropriate personnel for
assignment to the program manager to support
staffing needs identified by the program
manager; and
(I) recommend whether or not, and by which
means, the ISE should be expanded so as to
allow future expansion encompassing other
relevant categories of information.
(3) Consultation.--In performing its duties, the
Information Sharing Council shall consider input from
persons and entities outside the Federal Government
having significant experience and expertise in policy,
technical matters, and operational matters relating to
the ISE.
(4) Inapplicability of federal advisory committee
act.--The Information Sharing Council (including any
subsidiary group of the Information Sharing Council)
shall not be subject to the requirements of the Federal
Advisory Committee Act (5 U.S.C. App.).
(5) Detailees.--Upon a request by the Director of
National Intelligence, the departments and agencies
represented on the Information Sharing Council shall
detail to the program manager, on a reimbursable basis,
appropriate personnel identified under paragraph
(2)(H).
(h) Performance Management Reports.--
(1) In general.--Not later than two years after the
date of the enactment of this Act, and not later than
June 30 of each year thereafter, the President shall
submit to Congress a report on the state of the ISE and
of information sharing across the Federal Government.
(2) Content.--Each report under this subsection shall
include--
(A) a progress report on the extent to which
the ISE has been implemented, including how the
ISE has fared on the performance measures and
whether the performance goals set in the
preceding year have been met;
(B) objective system-wide performance goals
for the following year;
(C) an accounting of how much was spent on
the ISE in the preceding year;
(D) actions taken to ensure that procurement
of and investments in systems and technology
are consistent with the implementation plan for
the ISE;
(E) the extent to which all terrorism watch
lists are available for combined searching in
real time through the ISE and whether there are
consistent standards for placing individuals
on, and removing individuals from, the watch
lists, including the availability of processes
for correcting errors;
(F) the extent to which State, tribal, and
local officials are participating in the ISE;
(G) the extent to which private sector data,
including information from owners and operators
of critical infrastructure, is incorporated in
the ISE, and the extent to which individuals
and entities outside the government are
receiving information through the ISE;
(H) the measures taken by the Federal
government to ensure the accuracy of
information in the ISE, in particular the
accuracy of information about individuals;
(I) an assessment of the privacy and civil
liberties protections of the ISE, including
actions taken in the preceding year to
implement or enforce privacy and civil
liberties protections; and
(J) an assessment of the security protections
used in the ISE.
(i) Agency Responsibilities.--The head of each department or
agency that possesses or uses intelligence or terrorism
information, operates a system in the ISE, or otherwise
participates (or expects to participate) in the ISE shall--
(1) ensure full department or agency compliance with
information sharing policies, procedures, guidelines,
rules, and standards established under subsections (b)
and (f);
(2) ensure the provision of adequate resources for
systems and activities supporting operation of and
participation in the ISE;
(3) ensure full department or agency cooperation in
the development of the ISE to implement governmentwide
information sharing; and
(4) submit, at the request of the President or the
program manager, any reports on the implementation of
the requirements of the ISE within such department or
agency.
(j) Report on the Information Sharing Environment.--
(1) In general.--Not later than 180 days after the
date of enactment of the Implementing Recommendations
of the 9/11 Commission Act of 2007, the President shall
report to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Select
Committee on Intelligence of the Senate, the Committee
on Homeland Security of the House of Representatives,
and the Permanent Select Committee on Intelligence of
the House of Representatives on the feasibility of--
(A) eliminating the use of any marking or
process (including ``Originator Control'')
intended to, or having the effect of,
restricting the sharing of information within
the scope of the information sharing
environment, including homeland security
information, terrorism information, and weapons
of mass destruction information, between and
among participants in the information sharing
environment, unless the President has--
(i) specifically exempted categories
of information from such elimination;
and
(ii) reported that exemption to the
committees of Congress described in the
matter preceding this subparagraph; and
(B) continuing to use Federal agency
standards in effect on such date of enactment
for the collection, sharing, and access to
information within the scope of the information
sharing environment, including homeland
security information, terrorism information,
and weapons of mass destruction information,
relating to citizens and lawful permanent
residents;
(C) replacing the standards described in
subparagraph (B) with a standard that would
allow mission-based or threat-based permission
to access or share information within the scope
of the information sharing environment,
including homeland security information,
terrorism information, and weapons of mass
destruction information, for a particular
purpose that the Federal Government, through an
appropriate process established in consultation
with the Privacy and Civil Liberties Oversight
Board established under section 1061, has
determined to be lawfully permissible for a
particular agency, component, or employee
(commonly known as an ``authorized use''
standard); and
(D) the use of anonymized data by Federal
departments, agencies, or components
collecting, possessing, disseminating, or
handling information within the scope of the
information sharing environment, including
homeland security information, terrorism
information, and weapons of mass destruction
information, in any cases in which--
(i) the use of such information is
reasonably expected to produce results
materially equivalent to the use of
information that is transferred or
stored in a non-anonymized form; and
(ii) such use is consistent with any
mission of that department, agency, or
component (including any mission under
a Federal statute or directive of the
President) that involves the storage,
retention, sharing, or exchange of
personally identifiable information.
(2) Definition.--In this subsection, the term
``anonymized data'' means data in which the individual
to whom the data pertains is not identifiable with
reasonable efforts, including information that has been
encrypted or hidden through the use of other
technology.
(k) Additional Positions.--The program manager is authorized
to hire not more than 40 full-time employees to assist the
program manager in--
(1) activities associated with the implementation of
the information sharing environment, including--
(A) implementing the requirements under
subsection (b)(2); and
(B) any additional implementation initiatives
to enhance and expedite the creation of the
information sharing environment; and
(2) identifying and resolving information sharing
disputes between Federal departments, agencies, and
components under subsection (f)(2)(A)(iv).
(l) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $30,000,000 for each
of fiscal years 2008 and 2009.
* * * * * * *
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART D--PAY AND ALLOWANCES
* * * * * * *
CHAPTER 53--PAY RATES AND SYSTEMS
* * * * * * *
SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES
* * * * * * *
Sec. 5315. Positions at level IV
Level IV of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Deputy Administrator of General Services.
Associate Administrator of the National Aeronautics
and Space Administration.
Assistant Administrators, Agency for International
Development (6).
Regional Assistant Administrators, Agency for
International Development (4).
Assistant Secretaries of Agriculture (3).
Assistant Secretaries of Commerce (11).
Assistant Secretaries of Defense (14).
Assistant Secretaries of the Air Force (4).
Assistant Secretaries of the Army (5).
Assistant Secretaries of the Navy (4).
Assistant Secretaries of Health and Human Services
(6).
Assistant Secretaries of the Interior (6).
Assistant Attorneys General (11).
Assistant Secretaries of Labor (10), one of whom
shall be the Assistant Secretary of Labor for Veterans'
Employment and Training.
Administrator, Wage and Hour Division, Department of
Labor.
Assistant Secretaries of State (24) and 4 other State
Department officials to be appointed by the President,
by and with the advice and consent of the Senate.
Assistant Secretaries of the Treasury (10).
Members, United States International Trade Commission
(5).
Assistant Secretaries of Education (10).
General Counsel, Department of Education.
Director of Civil Defense, Department of the Army.
Deputy Director of the Office of Emergency Planning.
Deputy Director of the Office of Science and
Technology.
Deputy Director of the Peace Corps.
Assistant Directors of the Office of Management and
Budget (3).
General Counsel of the Department of Agriculture.
General Counsel of the Department of Commerce.
General Counsel of the Department of Defense.
General Counsel of the Department of Health and Human
Services.
Solicitor of the Department of the Interior.
Solicitor of the Department of Labor.
General Counsel of the National Labor Relations
Board.
General Counsel of the Department of the Treasury.
First Vice President of the Export-Import Bank of
Washington.
Members, Council of Economic Advisers.
Members, Board of Directors of the Export-Import Bank
of Washington.
Members, Federal Communications Commission.
Member, Board of Directors of the Federal Deposit
Insurance Corporation.
Directors, Federal Housing Finance Board.
Members, Federal Energy Regulatory Commission.
Members, Federal Trade Commission.
Members, Surface Transportation Board.
Members, National Labor Relations Board.
Members, Securities and Exchange Commission.
Members, Merit Systems Protection Board.
Members, Federal Maritime Commission.
Members, National Mediation Board.
Members, Railroad Retirement Board.
Director of Selective Service.
Associate Director of the Federal Bureau of
Investigation, Department of Justice.
Members, Equal Employment Opportunity Commission (4).
Director, Community Relations Service.
Members, National Transportation Safety Board.
General Counsel, Department of Transportation.
Deputy Administrator, Federal Aviation
Administration.
Assistant Secretaries of Transportation (5).
Deputy Federal Highway Administrator.
Administrator of the Saint Lawrence Seaway
Development Corporation.
Assistant Secretary for Science, Smithsonian
Institution.
Assistant Secretary for History and Art, Smithsonian
Institution.
Deputy Administrator of the Small Business
Administration.
Assistant Secretaries of Housing and Urban
Development (8).
General Counsel of the Department of Housing and
Urban Development.
Commissioner of Interama.
Federal Insurance Administrator, Federal Emergency
Management Agency.
Executive Vice President, Overseas Private Investment
Corporation.
Members, National Credit Union Administration Board
(2).
Members, Postal Regulatory Commission (4).
Members, Occupational Safety and Health Review
Commission.
Deputy Under Secretaries of the Treasury (or
Assistant Secretaries of the Treasury) (2).
Members, Consumer Product Safety Commission (4).
Members, Commodity Futures Trading Commission.
Director of Nuclear Reactor Regulation, Nuclear
Regulatory Commission.
Director of Nuclear Material Safety and Safeguards,
Nuclear Regulatory Commission.
Director of Nuclear Regulatory Research, Nuclear
Regulatory Commission.
Executive Director for Operations, Nuclear Regulatory
Commission.
President, Government National Mortgage Association,
Department of Housing and Urban Development.
Assistant Secretary of Commerce for Oceans and
Atmosphere, the incumbent of which also serves as
Deputy Administrator of the National Oceanic and
Atmospheric Administration.
Director, Bureau of Prisons, Department of Justice.
Assistant Secretaries of Energy (8).
General Counsel of the Department of Energy.
Administrator, Economic Regulatory Administration,
Department of Energy.
Administrator, Energy Information Administration,
Department of Energy.
Director, Office of Indian Energy Policy and
Programs, Department of Energy.
Director, Office of Science, Department of Energy.
Assistant Secretary of Labor for Mine Safety and
Health.
Members, Federal Mine Safety and Health Review
Commission.
President, National Consumer Cooperative Bank.
Special Counsel of the Merit Systems Protection
Board.
Chairman, Federal Labor Relations Authority.
Assistant Secretaries, Department of Homeland
Security.
General Counsel, Department of Homeland Security.
Officer for Civil Rights and Civil Liberties,
Department of Homeland Security.
Chief Financial Officer, Department of Homeland
Security.
Chief Information Officer, Department of Homeland
Security.
Deputy Director, Institute for Scientific and
Technological Cooperation.
Director of the National Institute of Justice.
Director of the Bureau of Justice Statistics.
Chief Counsel for Advocacy, Small Business
Administration.
Assistant Administrator for Toxic Substances,
Environmental Protection Agency.
Assistant Administrator, Office of Solid Waste,
Environmental Protection Agency.
Assistant Administrators, Environmental Protection
Agency (8).
Director of Operational Test and Evaluation,
Department of Defense.
Director of Cost Assessment and Program Evaluation,
Department of Defense.
Special Representatives of the President for arms
control, nonproliferation, and disarmament matters,
Department of State.
Ambassadors at Large.
Assistant Secretary of Commerce and Director General
of the United States and Foreign Commercial Service.
Assistant Secretaries, Department of Veterans Affairs
(7).
General Counsel, Department of Veterans Affairs.
Commissioner of Food and Drugs, Department of Health
and Human Services
Chairman, Board of Veterans' Appeals.
Administrator, Office of Juvenile Justice and
Delinquency Prevention.
Director, United States Marshals Service.
Chairman, United States Parole Commission.
Director, Bureau of the Census, Department of
Commerce.
Director of the Institute of Museum and Library
Services.
Chief Financial Officer, Department of Agriculture.
Chief Financial Officer, Department of Commerce.
Chief Financial Officer, Department of Education.
Chief Financial Officer, Department of Energy.
Chief Financial Officer, Department of Health and
Human Services.
Chief Financial Officer, Department of Housing and
Urban Development.
Chief Financial Officer, Department of the Interior.
Chief Financial Officer, Department of Justice.
Chief Financial Officer, Department of Labor.
Chief Financial Officer, Department of State.
Chief Financial Officer, Department of
Transportation.
Chief Financial Officer, Department of the Treasury.
Chief Financial Officer, Department of Veterans
Affairs.
Chief Financial Officer, Environmental Protection
Agency.
Chief Financial Officer, National Aeronautics and
Space Administration.
Commissioner, Office of Navajo and Hopi Indian
Relocation.
Deputy Under Secretary of Defense for Research and
Engineering.
Deputy Under Secretary of Defense for Acquisition and
Sustainment.
Deputy Under Secretary of Defense for Policy.
Deputy Under Secretary of Defense for Personnel and
Readiness.
Deputy Under Secretary of Defense (Comptroller).
Deputy Under Secretary of Defense for Intelligence.
General Counsel of the Department of the Army.
General Counsel of the Department of the Navy.
General Counsel of the Department of the Air Force.
Liaison for Community and Junior Colleges, Department
of Education.
Director of the Office of Educational Technology.
Director of the International Broadcasting Bureau.
The Commissioner of Labor Statistics, Department of
Labor.
Administrator, Rural Utilities Service, Department of
Agriculture.
Chief Information Officer, Department of Agriculture.
Chief Information Officer, Department of Commerce.
Chief Information Officer, Department of Defense
(unless the official designated as the Chief
Information Officer of the Department of Defense is an
official listed under section 5312, 5313, or 5314 of
this title).
Chief Information Officer, Department of Education.
Chief Information Officer, Department of Energy.
Chief Information Officer, Department of Health and
Human Services.
Chief Information Officer, Department of Housing and
Urban Development.
Chief Information Officer, Department of the
Interior.
Chief Information Officer, Department of Justice.
Chief Information Officer, Department of Labor.
Chief Information Officer, Department of State.
Chief Information Officer, Department of
Transportation.
Chief Information Officer, Department of the
Treasury.
Chief Information Officer, Department of Veterans
Affairs.
Chief Information Officer, Environmental Protection
Agency.
Chief Information Officer, National Aeronautics and
Space Administration.
Chief Information Officer, Agency for International
Development.
Chief Information Officer, Federal Emergency
Management Agency.
Chief Information Officer, General Services
Administration.
Chief Information Officer, National Science
Foundation.
Chief Information Officer, Nuclear Regulatory Agency.
Chief Information Officer, Office of Personnel
Management.
Chief Information Officer, Small Business
Administration.
Chief Information Officer of the Intelligence
Community.
General Counsel of the Central Intelligence Agency.
Principal Deputy Administrator, National Nuclear
Security Administration.
Additional Deputy Administrators of the National
Nuclear Security Administration (3), but if the Deputy
Administrator for Naval Reactors is an officer of the
Navy on active duty, (2).
Deputy Under Secretary of Commerce for Intellectual
Property and Deputy Director of the United States
Patent and Trademark Office.
General Counsel of the Office of the Director of
National Intelligence.
Chief Medical Officer, Department of Homeland
Security.
Director of the National Counterintelligence and
Security Center.
* * * * * * *
----------
FOREIGN SERVICE ACT OF 1980
* * * * * * *
TITLE I--THE FOREIGN SERVICE OF THE UNITED STATES
* * * * * * *
Chapter 5--Classification of Positions and Assignments
* * * * * * *
Sec. 502. Assignments to Foreign Service Positions.--(a)(1)
The Secretary (with the concurrence of the agency concerned)
may assign a member of the Service to any position classified
under section 501 in which that member is eligible to serve
(other than as chief of mission or ambassador at large), and
may assign a member from one such position to another such
position as the needs of the Service may require.
(2) In making assignments under paragraph (1), the Secretary
shall assure that a member of the Service is not assigned to or
prohibited from being assigned to a position at a post in a
particular geographic area on the basis of the race, ethnicity,
or religion of that member.
(3) In making assignments under paragraph (1), and in
accordance with section 903, and, if applicable, section 503,
the Secretary shall assure that a member of the Service may
serve at a post for a period of not more than six consecutive
years.
(b) Positions designated as Foreign Service positions
normally shall be filled by the assignment of members of the
Service to those positions. Subject to that limitation--
(1) Foreign Service positions may be filled by the
assignment for specified tours of duty of employees of
the Department and, under interagency agreements,
employees of other agencies; and
(2) Senior Foreign Service positions may also be
filled by other members of the Service.
(c) The President may assign a career member of the Service
to serve as charge d'affaires or otherwise as the head of a
mission (or as the head of a United States office abroad which
is designated under section 102(a)(3) by the Secretary of State
as diplomatic in nature) for such period as the public interest
may require.
(d) The Secretary of State, in conjunction with the heads of
the other agencies utilizing the Foreign Service personnel
system, shall implement policies and procedures to insure that
Foreign Service officers and members of the Senior Foreign
Service of all agencies are able to compete for chief of
mission positions and have opportunities on an equal basis to
compete for assignments outside their areas of specialization.
* * * * * * *
Chapter 7--Career Development, Training, and Orientation
* * * * * * *
Sec. 702. Foreign Language Requirements.--(a) The Secretary
shall establish foreign language proficiency requirements for
members of the Service who are to be assigned abroad in order
that Foreign Service posts abroad will be staffed by
individuals having a useful knowledge of the language or
dialect common to the country in which the post is located.
(b) The Secretary of State shall arrange for appropriate
language training of members of the Service by the institution
or otherwise in order to assist in meeting the requirements
established under subsection (a).
(c) Foreign Language Deployment Requirements.--
(1) In general.--The Secretary of State, with the
assistance of other relevant officials, shall require
all members of the Service who receive foreign language
training in Arabic, Farsi, Chinese (Mandarin or
Cantonese), Turkish, Korean, and Japanese by the
institution or otherwise in accordance with subsection
(b) to serve three successive tours in positions in
which the acquired language is both relevant and
determined to be a benefit to the Department.
(2) Overseas deployments.--In carrying out paragraph
(1), at least one of the three successive tours
referred to in such paragraph shall be an overseas
deployment.
(3) Waiver.--The Secretary of State may waive the
application of paragraph (1) for medical or family
hardship or in the interest of national security.
(4) Congressional notification.--The Secretary of
State shall notify the Committees on Appropriations and
Foreign Affairs of the House of Representatives and
Committees on Appropriations and Foreign Relations of
the Senate at the end of each fiscal year of any
instances during the prior twelve months in which the
waiver authority described in paragraph (3) was
invoked.
[(c)] (d) Not later than January 31 of each year, the
Director General of the Foreign Service shall submit a report
to the Committee on Foreign Relations of the Senate and the
Committee on International Relations of the House of
Representatives summarizing the number of positions in each
overseas mission requiring foreign language competence that--
(1) became vacant during the previous fiscal year;
and
(2) were filled by individuals having the required
foreign language competence.
* * * * * * *
----------
NATIONAL SECURITY ACT OF 1947
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
short title
That this Act may be cited as the ``National Security Act of
1947''.
TABLE OF CONTENTS
Sec. 2. Declaration of policy.
Sec. 3. Definitions.
Title I--Coordination for National Security
Sec. 101. National Security Council.
[Sec. 101A. Joint Intelligence Community Council.]
* * * * * * *
[Sec. 107. National Security Resources Board.]
* * * * * * *
[Sec. 113B. Special pay authority for science, technology, engineering,
or math positions.]
Sec. 113B. Special pay authority for science, technology, engineering,
or mathematics positions.
* * * * * * *
Title II--The Department of Defense
Sec. 201. Department of Defense.
[Sec. 202. Secretary of Defense.
[Sec. 203. Military Assistants to the Secretary.
[Sec. 204. Civilian personnel.]
Sec. 205. Department of the Army.
Sec. 206. Department of the Navy.
Sec. 207. Department of the Air Force.
[Sec. 208. United States Air Force.
[Sec. 209. Effective date of transfers.
[Sec. 210. War Council.
[Sec. 211. Joint Chiefs of Staff.
[Sec. 212. Joint Staff.
[Sec. 213. Munitions Board.
[Sec. 214. Research and Development Board.]
Title III--Miscellaneous
Sec. 301. National Security Agency voluntary separation.
Sec. 302. Authority of Federal Bureau of Investigation to award personal
services contracts.
Sec. 303. Advisory committees and personnel.
Sec. 304. Reporting of certain employment activities by former
intelligence officers and employees.
Sec. 307. Authorization for appropriations.
Sec. 308. Definitions.
Sec. 309. Separability.
Sec. 310. Effective date.
Sec. 311. Succession to the Presidency.
Sec. 312. Repealing and saving provisions.
* * * * * * *
TITLE XI--OTHER PROVISIONS
* * * * * * *
Sec. 1105. Semiannual reports on investigations of unauthorized
disclosures of classified information.
* * * * * * *
TITLE I--COORDINATION FOR NATIONAL SECURITY
* * * * * * *
[joint intelligence community council
[Sec. 101A. (a) Joint Intelligence Community Council.--There
is a Joint Intelligence Community Council.
[(b) Membership.--The Joint Intelligence Community Council
shall consist of the following:
[(1) The Director of National Intelligence, who shall
chair the Council.
[(2) The Secretary of State.
[(3) The Secretary of the Treasury.
[(4) The Secretary of Defense.
[(5) The Attorney General.
[(6) The Secretary of Energy.
[(7) The Secretary of Homeland Security.
[(8) Such other officers of the United States
Government as the President may designate from time to
time.
[(c) Functions.--The Joint Intelligence Community Council
shall assist the Director of National Intelligence in
developing and implementing a joint, unified national
intelligence effort to protect national security by--
[(1) advising the Director on establishing
requirements, developing budgets, financial management,
and monitoring and evaluating the performance of the
intelligence community, and on such other matters as
the Director may request; and
[(2) ensuring the timely execution of programs,
policies, and directives established or developed by
the Director.
[(d) Meetings.--The Director of National Intelligence shall
convene regular meetings of the Joint Intelligence Community
Council.
[(e) Advice and Opinions of Members Other Than Chairman.--(1)
A member of the Joint Intelligence Community Council (other
than the Chairman) may submit to the Chairman advice or an
opinion in disagreement with, or advice or an opinion in
addition to, the advice presented by the Director of National
Intelligence to the President or the National Security Council,
in the role of the Chairman as Chairman of the Joint
Intelligence Community Council. If a member submits such advice
or opinion, the Chairman shall present the advice or opinion of
such member at the same time the Chairman presents the advice
of the Chairman to the President or the National Security
Council, as the case may be.
[(2) The Chairman shall establish procedures to ensure that
the presentation of the advice of the Chairman to the President
or the National Security Council is not unduly delayed by
reason of the submission of the individual advice or opinion of
another member of the Council.
[(f) Recommendations to Congress.--Any member of the Joint
Intelligence Community Council may make such recommendations to
Congress relating to the intelligence community as such member
considers appropriate.]
* * * * * * *
responsibilities and authorities of the director of national
intelligence
Sec. 102A. (a) Provision of Intelligence.--(1) The Director
of National Intelligence shall be responsible for ensuring that
national intelligence is provided--
(A) to the President;
(B) to the heads of departments and agencies of the
executive branch;
(C) to the Chairman of the Joint Chiefs of Staff and
senior military commanders;
(D) to the Senate and House of Representatives and
the committees thereof; and
(E) to such other persons as the Director of National
Intelligence determines to be appropriate.
(2) Such national intelligence should be timely, objective,
independent of political considerations, and based upon all
sources available to the intelligence community and other
appropriate entities.
(b) Access to Intelligence.--Unless otherwise directed by the
President, the Director of National Intelligence shall have
access to all national intelligence and intelligence related to
the national security which is collected by any Federal
department, agency, or other entity, except as otherwise
provided by law or, as appropriate, under guidelines agreed
upon by the Attorney General and the Director of National
Intelligence.
(c) Budget Authorities.--(1) With respect to budget requests
and appropriations for the National Intelligence Program, the
Director of National Intelligence shall--
(A) based on intelligence priorities set by the
President, provide to the heads of departments
containing agencies or organizations within the
intelligence community, and to the heads of such
agencies and organizations, guidance for developing the
National Intelligence Program budget pertaining to such
agencies and organizations;
(B) based on budget proposals provided to the
Director of National Intelligence by the heads of
agencies and organizations within the intelligence
community and the heads of their respective departments
and, as appropriate, after obtaining the advice of the
Joint Intelligence Community Council, develop and
determine an annual consolidated National Intelligence
Program budget; and
(C) present such consolidated National Intelligence
Program budget, together with any comments from the
heads of departments containing agencies or
organizations within the intelligence community, to the
President for approval.
(2) In addition to the information provided under paragraph
(1)(B), the heads of agencies and organizations within the
intelligence community shall provide the Director of National
Intelligence such other information as the Director shall
request for the purpose of determining the annual consolidated
National Intelligence Program budget under that paragraph.
(3)(A) The Director of National Intelligence shall
participate in the development by the Secretary of Defense of
the annual budget for the Military Intelligence Program or any
successor program or programs.
(B) The Director of National Intelligence shall provide
guidance for the development of the annual budget for each
element of the intelligence community that is not within the
National Intelligence Program.
(4) The Director of National Intelligence shall ensure the
effective execution of the annual budget for intelligence and
intelligence-related activities.
(5)(A) The Director of National Intelligence shall be
responsible for managing appropriations for the National
Intelligence Program by directing the allotment or allocation
of such appropriations through the heads of the departments
containing agencies or organizations within the intelligence
community and the Director of the Central Intelligence Agency,
with prior notice (including the provision of appropriate
supporting information) to the head of the department
containing an agency or organization receiving any such
allocation or allotment or the Director of the Central
Intelligence Agency.
(B) Notwithstanding any other provision of law, pursuant to
relevant appropriations Acts for the National Intelligence
Program, the Director of the Office of Management and Budget
shall exercise the authority of the Director of the Office of
Management and Budget to apportion funds, at the exclusive
direction of the Director of National Intelligence, for
allocation to the elements of the intelligence community
through the relevant host executive departments and the Central
Intelligence Agency. Department comptrollers or appropriate
budget execution officers shall allot, allocate, reprogram, or
transfer funds appropriated for the National Intelligence
Program in an expeditious manner.
(C) The Director of National Intelligence shall monitor the
implementation and execution of the National Intelligence
Program by the heads of the elements of the intelligence
community that manage programs and activities that are part of
the National Intelligence Program, which may include audits and
evaluations.
(6) Apportionment and allotment of funds under this
subsection shall be subject to chapter 13 and section 1517 of
title 31, United States Code, and the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 621 et seq.).
(7)(A) The Director of National Intelligence shall provide a
semi-annual report, beginning April 1, 2005, and ending April
1, 2007, to the President and the Congress regarding
implementation of this section.
(B) The Director of National Intelligence shall report to the
President and the Congress not later than 15 days after
learning of any instance in which a departmental comptroller
acts in a manner inconsistent with the law (including permanent
statutes, authorization Acts, and appropriations Acts), or the
direction of the Director of National Intelligence, in carrying
out the National Intelligence Program.
(d) Role of Director of National Intelligence in Transfer and
Reprogramming of Funds.--(1)(A) No funds made available under
the National Intelligence Program may be transferred or
reprogrammed without the prior approval of the Director of
National Intelligence, except in accordance with procedures
prescribed by the Director of National Intelligence.
(B) The Secretary of Defense shall consult with the Director
of National Intelligence before transferring or reprogramming
funds made available under the Military Intelligence Program or
any successor program or programs.
(2) Subject to the succeeding provisions of this subsection,
the Director of National Intelligence may transfer or reprogram
funds appropriated for a program within the National
Intelligence Program--
(A) to another such program;
(B) to other departments or agencies of the United
States Government for the development and fielding of
systems of common concern related to the collection,
processing, analysis, exploitation, and dissemination
of intelligence information; or
(C) to a program funded by appropriations not within
the National Intelligence Program to address critical
gaps in intelligence information sharing or access
capabilities.
(3) The Director of National Intelligence may only transfer
or reprogram funds referred to in paragraph (1)(A)--
(A) with the approval of the Director of the Office
of Management and Budget; and
(B) after consultation with the heads of departments
containing agencies or organizations within the
intelligence community to the extent such agencies or
organizations are affected, and, in the case of the
Central Intelligence Agency, after consultation with
the Director of the Central Intelligence Agency.
(4) The amounts available for transfer or reprogramming in
the National Intelligence Program in any given fiscal year, and
the terms and conditions governing such transfers and
reprogrammings, are subject to the provisions of annual
appropriations Acts and this subsection.
(5)(A) A transfer or reprogramming of funds may be made under
this subsection only if--
(i) the funds are being transferred to an activity
that is a higher priority intelligence activity;
(ii) the transfer or reprogramming supports an
emergent need, improves program effectiveness, or
increases efficiency;
(iii) the transfer or reprogramming does not involve
a transfer or reprogramming of funds to a Reserve for
Contingencies of the Director of National Intelligence
or the Reserve for Contingencies of the Central
Intelligence Agency;
(iv) the transfer or reprogramming results in a
cumulative transfer or reprogramming of funds out of
any department or agency, as appropriate, funded in the
National Intelligence Program in a single fiscal year--
(I) that is less than $150,000,000, and
(II) that is less than 5 percent of amounts
available to a department or agency under the
National Intelligence Program; and
(v) the transfer or reprogramming does not terminate
an acquisition program.
(B) A transfer or reprogramming may be made without regard to
a limitation set forth in clause (iv) or (v) of subparagraph
(A) if the transfer has the concurrence of the head of the
department involved or the Director of the Central Intelligence
Agency (in the case of the Central Intelligence Agency). The
authority to provide such concurrence may only be delegated by
the head of the department involved or the Director of the
Central Intelligence Agency (in the case of the Central
Intelligence Agency) to the deputy of such officer.
(6) Funds transferred or reprogrammed under this subsection
shall remain available for the same period as the
appropriations account to which transferred or reprogrammed.
(7) Any transfer or reprogramming of funds under this
subsection shall be carried out in accordance with existing
procedures applicable to reprogramming notifications for the
appropriate congressional committees. Any proposed transfer or
reprogramming for which notice is given to the appropriate
congressional committees shall be accompanied by a report
explaining the nature of the proposed transfer or reprogramming
and how it satisfies the requirements of this subsection. In
addition, the congressional intelligence committees shall be
promptly notified of any transfer or reprogramming of funds
made pursuant to this subsection in any case in which the
transfer or reprogramming would not have otherwise required
reprogramming notification under procedures in effect as of the
date of the enactment of this subsection.
(e) Transfer of Personnel.--(1)(A) In addition to any other
authorities available under law for such purposes, in the first
twelve months after establishment of a new national
intelligence center, the Director of National Intelligence,
with the approval of the Director of the Office of Management
and Budget and in consultation with the congressional
committees of jurisdiction referred to in subparagraph (B), may
transfer not more than 100 personnel authorized for elements of
the intelligence community to such center.
(B) The Director of National Intelligence shall promptly
provide notice of any transfer of personnel made pursuant to
this paragraph to--
(i) the congressional intelligence committees;
(ii) the Committees on Appropriations of the Senate
and the House of Representatives;
(iii) in the case of the transfer of personnel to or
from the Department of Defense, the Committees on Armed
Services of the Senate and the House of
Representatives; and
(iv) in the case of the transfer of personnel to or
from the Department of Justice, to the Committees on
the Judiciary of the Senate and the House of
Representatives.
(C) The Director shall include in any notice under
subparagraph (B) an explanation of the nature of the transfer
and how it satisfies the requirements of this subsection.
(2)(A) The Director of National Intelligence, with the
approval of the Director of the Office of Management and Budget
and in accordance with procedures to be developed by the
Director of National Intelligence and the heads of the
departments and agencies concerned, may transfer personnel
authorized for an element of the intelligence community to
another such element for a period of not more than 2 years.
(B) A transfer of personnel may be made under this paragraph
only if--
(i) the personnel are being transferred to an
activity that is a higher priority intelligence
activity; and
(ii) the transfer supports an emergent need, improves
program effectiveness, or increases efficiency.
(C) The Director of National Intelligence shall promptly
provide notice of any transfer of personnel made pursuant to
this paragraph to--
(i) the congressional intelligence committees;
(ii) in the case of the transfer of personnel to or
from the Department of Defense, the Committees on Armed
Services of the Senate and the House of
Representatives; and
(iii) in the case of the transfer of personnel to or
from the Department of Justice, to the Committees on
the Judiciary of the Senate and the House of
Representatives.
(D) The Director shall include in any notice under
subparagraph (C) an explanation of the nature of the transfer
and how it satisfies the requirements of this paragraph.
(3)(A) In addition to the number of full-time equivalent
positions authorized for the Office of the Director of National
Intelligence for a fiscal year, there is authorized for such
Office for each fiscal year an additional 100 full-time
equivalent positions that may be used only for the purposes
described in subparagraph (B).
(B) Except as provided in subparagraph (C), the Director of
National Intelligence may use a full-time equivalent position
authorized under subparagraph (A) only for the purpose of
providing a temporary transfer of personnel made in accordance
with paragraph (2) to an element of the intelligence community
to enable such element to increase the total number of
personnel authorized for such element, on a temporary basis--
(i) during a period in which a permanent employee of
such element is absent to participate in critical
language training; or
(ii) to accept a permanent employee of another
element of the intelligence community to provide
language-capable services.
(C) Paragraph (2)(B) shall not apply with respect to a
transfer of personnel made under subparagraph (B).
(D) For each of the fiscal years 2010, 2011, and 2012, the
Director of National Intelligence shall submit to the
congressional intelligence committees an annual report on the
use of authorities under this paragraph. Each such report shall
include a description of--
(i) the number of transfers of personnel made by the
Director pursuant to subparagraph (B), disaggregated by
each element of the intelligence community;
(ii) the critical language needs that were fulfilled
or partially fulfilled through the use of such
transfers; and
(iii) the cost to carry out subparagraph (B).
(4) It is the sense of Congress that--
(A) the nature of the national security threats
facing the United States will continue to challenge the
intelligence community to respond rapidly and flexibly
to bring analytic resources to bear against emerging
and unforeseen requirements;
(B) both the Office of the Director of National
Intelligence and any analytic centers determined to be
necessary should be fully and properly supported with
appropriate levels of personnel resources and that the
President's yearly budget requests adequately support
those needs; and
(C) the President should utilize all legal and
administrative discretion to ensure that the Director
of National Intelligence and all other elements of the
intelligence community have the necessary resources and
procedures to respond promptly and effectively to
emerging and unforeseen national security challenges.
(f) Tasking and Other Authorities.--(1)(A) The Director of
National Intelligence shall--
(i) establish objectives, priorities, and guidance
for the intelligence community to ensure timely and
effective collection, processing, analysis, and
dissemination (including access by users to collected
data consistent with applicable law and, as
appropriate, the guidelines referred to in subsection
(b) and analytic products generated by or within the
intelligence community) of national intelligence;
(ii) determine requirements and priorities for, and
manage and direct the tasking of, collection, analysis,
production, and dissemination of national intelligence
by elements of the intelligence community, including--
(I) approving requirements (including those
requirements responding to needs provided by
consumers) for collection and analysis; and
(II) resolving conflicts in collection
requirements and in the tasking of national
collection assets of the elements of the
intelligence community; and
(iii) provide advisory tasking to intelligence
elements of those agencies and departments not within
the National Intelligence Program.
(B) The authority of the Director of National Intelligence
under subparagraph (A) shall not apply--
(i) insofar as the President so directs;
(ii) with respect to clause (ii) of subparagraph (A),
insofar as the Secretary of Defense exercises tasking
authority under plans or arrangements agreed upon by
the Secretary of Defense and the Director of National
Intelligence; or
(iii) to the direct dissemination of information to
State government and local government officials and
private sector entities pursuant to sections 201 and
892 of the Homeland Security Act of 2002 (6 U.S.C. 121,
482).
(2) The Director of National Intelligence shall oversee the
National Counterterrorism Center, the National
Counterproliferation Center, and the National
Counterintelligence and Security Center and may establish such
other national intelligence centers as the Director determines
necessary.
(3)(A) The Director of National Intelligence shall prescribe,
in consultation with the heads of other agencies or elements of
the intelligence community, and the heads of their respective
departments, personnel policies and programs applicable to the
intelligence community that--
(i) encourage and facilitate assignments and details
of personnel to national intelligence centers, and
between elements of the intelligence community;
(ii) set standards for education, training, and
career development of personnel of the intelligence
community;
(iii) encourage and facilitate the recruitment and
retention by the intelligence community of highly
qualified individuals for the effective conduct of
intelligence activities;
(iv) ensure that the personnel of the intelligence
community are sufficiently diverse for purposes of the
collection and analysis of intelligence through the
recruitment and training of women, minorities, and
individuals with diverse ethnic, cultural, and
linguistic backgrounds;
(v) make service in more than one element of the
intelligence community a condition of promotion to such
positions within the intelligence community as the
Director shall specify; and
(vi) ensure the effective management of intelligence
community personnel who are responsible for
intelligence community-wide matters.
(B) Policies prescribed under subparagraph (A) shall not be
inconsistent with the personnel policies otherwise applicable
to members of the uniformed services.
(4) The Director of National Intelligence shall ensure
compliance with the Constitution and laws of the United States
by the Central Intelligence Agency and shall ensure such
compliance by other elements of the intelligence community
through the host executive departments that manage the programs
and activities that are part of the National Intelligence
Program.
(5) The Director of National Intelligence shall ensure the
elimination of waste and unnecessary duplication within the
intelligence community.
(6) The Director of National Intelligence shall establish
requirements and priorities for foreign intelligence
information to be collected under the Foreign Intelligence
Surveillance Act of 1978 (50 U.S.C. 1801 et seq.), and provide
assistance to the Attorney General to ensure that information
derived from electronic surveillance or physical searches under
that Act is disseminated so it may be used efficiently and
effectively for national intelligence purposes, except that the
Director shall have no authority to direct or undertake
electronic surveillance or physical search operations pursuant
to that Act unless authorized by statute or Executive order.
(7)(A) The Director of National Intelligence shall, if the
Director determines it is necessary, or may, if requested by a
congressional intelligence committee, conduct an accountability
review of an element of the intelligence community or the
personnel of such element in relation to a failure or
deficiency within the intelligence community.
(B) The Director of National Intelligence, in consultation
with the Attorney General, shall establish guidelines and
procedures for conducting an accountability review under
subparagraph (A).
(C)(i) The Director of National Intelligence shall provide
the findings of an accountability review conducted under
subparagraph (A) and the Director's recommendations for
corrective or punitive action, if any, to the head of the
applicable element of the intelligence community. Such
recommendations may include a recommendation for dismissal of
personnel.
(ii) If the head of such element does not implement a
recommendation made by the Director under clause (i), the head
of such element shall submit to the congressional intelligence
committees a notice of the determination not to implement the
recommendation, including the reasons for the determination.
(D) The requirements of this paragraph shall not be construed
to limit any authority of the Director of National Intelligence
under subsection (m) or with respect to supervision of the
Central Intelligence Agency.
(8) The Director of National Intelligence shall perform such
other functions as the President may direct.
(9) Nothing in this title shall be construed as affecting the
role of the Department of Justice or the Attorney General under
the Foreign Intelligence Surveillance Act of 1978.
(g) Intelligence Information Sharing.--(1) The Director of
National Intelligence shall have principal authority to ensure
maximum availability of and access to intelligence information
within the intelligence community consistent with national
security requirements. The Director of National Intelligence
shall--
(A) establish uniform security standards and
procedures;
(B) establish common information technology
standards, protocols, and interfaces;
(C) ensure development of information technology
systems that include multi-level security and
intelligence integration capabilities;
(D) establish policies and procedures to resolve
conflicts between the need to share intelligence
information and the need to protect intelligence
sources and methods;
(E) develop an enterprise architecture for the
intelligence community and ensure that elements of the
intelligence community comply with such architecture;
(F) have procurement approval authority over all
enterprise architecture-related information technology
items funded in the National Intelligence Program; and
(G) in accordance with Executive Order No. 13526 (75
Fed. Reg. 707; relating to classified national security
information) (or any subsequent corresponding executive
order), and part 2001 of title 32, Code of Federal
Regulations (or any subsequent corresponding
regulation), establish--
(i) guidance to standardize, in appropriate
cases, the formats for classified and
unclassified intelligence products created by
elements of the intelligence community for
purposes of promoting the sharing of
intelligence products; and
(ii) policies and procedures requiring the
increased use, in appropriate cases, and
including portion markings, of the
classification of portions of information
within one intelligence product.
(2) The President shall ensure that the Director of National
Intelligence has all necessary support and authorities to fully
and effectively implement paragraph (1).
(3) Except as otherwise directed by the President or with the
specific written agreement of the head of the department or
agency in question, a Federal agency or official shall not be
considered to have met any obligation to provide any
information, report, assessment, or other material (including
unevaluated intelligence information) to that department or
agency solely by virtue of having provided that information,
report, assessment, or other material to the Director of
National Intelligence or the National Counterterrorism Center.
(4) The Director of National Intelligence shall, in a timely
manner, report to Congress any statute, regulation, policy, or
practice that the Director believes impedes the ability of the
Director to fully and effectively ensure maximum availability
of access to intelligence information within the intelligence
community consistent with the protection of the national
security of the United States.
(h) Analysis.--To ensure the most accurate analysis of
intelligence is derived from all sources to support national
security needs, the Director of National Intelligence shall--
(1) implement policies and procedures--
(A) to encourage sound analytic methods and tradecraft
throughout the elements of the intelligence community;
(B) to ensure that analysis is based upon all sources
available; and
(C) to ensure that the elements of the intelligence community
regularly conduct competitive analysis of analytic products,
whether such products are produced by or disseminated to such
elements;
(2) ensure that resource allocation for intelligence
analysis is appropriately proportional to resource
allocation for intelligence collection systems and
operations in order to maximize analysis of all
collected data;
(3) ensure that differences in analytic judgment are fully
considered and brought to the attention of policymakers; and
(4) ensure that sufficient relationships are
established between intelligence collectors and
analysts to facilitate greater understanding of the
needs of analysts.
(i) Protection of Intelligence Sources and Methods.--(1) The
Director of National Intelligence shall protect intelligence
sources and methods from unauthorized disclosure.
(2) Consistent with paragraph (1), in order to maximize the
dissemination of intelligence, the Director of National
Intelligence shall establish and implement guidelines for the
intelligence community for the following purposes:
(A) Classification of information under applicable
law, Executive orders, or other Presidential
directives.
(B) Access to and dissemination of intelligence, both
in final form and in the form when initially gathered.
(C) Preparation of intelligence products in such a
way that source information is removed to allow for
dissemination at the lowest level of classification
possible or in unclassified form to the extent
practicable.
(3) The Director may only delegate a duty or authority given
the Director under this subsection to the Principal Deputy
Director of National Intelligence.
(j) Uniform Procedures for Classified Information.--The
Director of National Intelligence, subject to the direction of
the President, shall--
(1) establish uniform standards and procedures for the grant
of access to sensitive compartmented information to any officer
or employee of any agency or department of the United States
and to employees of contractors of those agencies or
departments;
(2) ensure the consistent implementation of those
standards and procedures throughout such agencies and
departments;
(3) ensure that security clearances granted by individual
elements of the intelligence community are recognized by all
elements of the intelligence community, and under contracts
entered into by those agencies;
(4) ensure that the process for investigation and
adjudication of an application for access to sensitive
compartmented information is performed in the most
expeditious manner possible consistent with applicable
standards for national security;
(5) ensure that the background of each employee or
officer of an element of the intelligence community,
each contractor to an element of the intelligence
community, and each individual employee of such a
contractor who has been determined to be eligible for
access to classified information is monitored on a
continual basis under standards developed by the
Director, including with respect to the frequency of
evaluation, during the period of eligibility of such
employee or officer of an element of the intelligence
community, such contractor, or such individual employee
to such a contractor to determine whether such employee
or officer of an element of the intelligence community,
such contractor, and such individual employee of such a
contractor continues to meet the requirements for
eligibility for access to classified information; and
(6) develop procedures to require information sharing
between elements of the intelligence community
concerning potentially derogatory security information
regarding an employee or officer of an element of the
intelligence community, a contractor to an element of
the intelligence community, or an individual employee
of such a contractor that may impact the eligibility of
such employee or officer of an element of the
intelligence community, such contractor, or such
individual employee of such a contractor for a security
clearance.
(k) Coordination With Foreign Governments.--Under the
direction of the President and in a manner consistent with
section 207 of the Foreign Service Act of 1980 (22 U.S.C.
3927), the Director of National Intelligence shall oversee the
coordination of the relationships between elements of the
intelligence community and the intelligence or security
services of foreign governments or international organizations
on all matters involving intelligence related to the national
security or involving intelligence acquired through clandestine
means.
(l) Enhanced Personnel Management.--(1)(A) The Director of
National Intelligence shall, under regulations prescribed by
the Director, provide incentives for personnel of elements of
the intelligence community to serve--
(i) on the staff of the Director of National
Intelligence;
(ii) on the staff of the national intelligence
centers;
(iii) on the staff of the National Counterterrorism
Center; and
(iv) in other positions in support of the
intelligence community management functions of the
Director.
(B) Incentives under subparagraph (A) may include financial
incentives, bonuses, and such other awards and incentives as
the Director considers appropriate.
(2)(A) Notwithstanding any other provision of law, the
personnel of an element of the intelligence community who are
assigned or detailed under paragraph (1)(A) to service under
the Director of National Intelligence shall be promoted at
rates equivalent to or better than personnel of such element
who are not so assigned or detailed.
(B) The Director may prescribe regulations to carry out this
paragraph.
(3)(A) The Director of National Intelligence shall prescribe
mechanisms to facilitate the rotation of personnel of the
intelligence community through various elements of the
intelligence community in the course of their careers in order
to facilitate the widest possible understanding by such
personnel of the variety of intelligence requirements, methods,
users, and capabilities.
(B) The mechanisms prescribed under subparagraph (A) may
include the following:
(i) The establishment of special occupational
categories involving service, over the course of a
career, in more than one element of the intelligence
community.
(ii) The provision of rewards for service in
positions undertaking analysis and planning of
operations involving two or more elements of the
intelligence community.
(iii) The establishment of requirements for
education, training, service, and evaluation for
service involving more than one element of the
intelligence community.
(C) It is the sense of Congress that the mechanisms
prescribed under this subsection should, to the extent
practical, seek to duplicate for civilian personnel within the
intelligence community the joint officer management policies
established by chapter 38 of title 10, United States Code, and
the other amendments made by title IV of the Goldwater-Nichols
Department of Defense Reorganization Act of 1986 (Public Law
99-433).
(D) The mechanisms prescribed under subparagraph (A) and any
other policies of the Director--
(i) may not require an employee of an office of
inspector general for an element of the intelligence
community, including the Office of the Inspector
General of the Intelligence Community, to rotate to a
position in an office or organization of such an
element over which such office of inspector general
exercises jurisdiction; and
(ii) shall be implemented in a manner that exempts
employees of an office of inspector general from a
rotation that may impact the independence of such
office.
(4)(A) Except as provided in subparagraph (B) and
subparagraph (D), this subsection shall not apply with respect
to personnel of the elements of the intelligence community who
are members of the uniformed services.
(B) Mechanisms that establish requirements for education and
training pursuant to paragraph (3)(B)(iii) may apply with
respect to members of the uniformed services who are assigned
to an element of the intelligence community funded through the
National Intelligence Program, but such mechanisms shall not be
inconsistent with personnel policies and education and training
requirements otherwise applicable to members of the uniformed
services.
(C) The personnel policies and programs developed and
implemented under this subsection with respect to law
enforcement officers (as that term is defined in section
5541(3) of title 5, United States Code) shall not affect the
ability of law enforcement entities to conduct operations or,
through the applicable chain of command, to control the
activities of such law enforcement officers.
(D) Assignment to the Office of the Director of National
Intelligence of commissioned officers of the Armed Forces shall
be considered a joint-duty assignment for purposes of the joint
officer management policies prescribed by chapter 38 of title
10, United States Code, and other provisions of that title.
(m) Additional Authority With Respect to Personnel.--(1) In
addition to the authorities under subsection (f)(3), the
Director of National Intelligence may exercise with respect to
the personnel of the Office of the Director of National
Intelligence any authority of the Director of the Central
Intelligence Agency with respect to the personnel of the
Central Intelligence Agency under the Central Intelligence
Agency Act of 1949 (50 U.S.C. 403a et seq.), and other
applicable provisions of law, as of the date of the enactment
of this subsection to the same extent, and subject to the same
conditions and limitations, that the Director of the Central
Intelligence Agency may exercise such authority with respect to
personnel of the Central Intelligence Agency.
(2) Employees and applicants for employment of the Office of
the Director of National Intelligence shall have the same
rights and protections under the Office of the Director of
National Intelligence as employees of the Central Intelligence
Agency have under the Central Intelligence Agency Act of 1949,
and other applicable provisions of law, as of the date of the
enactment of this subsection.
(n) Acquisition and Other Authorities.--(1) In carrying out
the responsibilities and authorities under this section, the
Director of National Intelligence may exercise the acquisition
and appropriations authorities referred to in the Central
Intelligence Agency Act of 1949 (50 U.S.C. 403a et seq.) other
than the authorities referred to in section 8(b) of that Act
(50 U.S.C. 403j(b)).
(2) For the purpose of the exercise of any authority referred
to in paragraph (1), a reference to the head of an agency shall
be deemed to be a reference to the Director of National
Intelligence or the Principal Deputy Director of National
Intelligence.
(3)(A) Any determination or decision to be made under an
authority referred to in paragraph (1) by the head of an agency
may be made with respect to individual purchases and contracts
or with respect to classes of purchases or contracts, and shall
be final.
(B) Except as provided in subparagraph (C), the Director of
National Intelligence or the Principal Deputy Director of
National Intelligence may, in such official's discretion,
delegate to any officer or other official of the Office of the
Director of National Intelligence any authority to make a
determination or decision as the head of the agency under an
authority referred to in paragraph (1).
(C) The limitations and conditions set forth in section 3(d)
of the Central Intelligence Agency Act of 1949 (50 U.S.C.
403c(d)) shall apply to the exercise by the Director of
National Intelligence of an authority referred to in paragraph
(1).
(D) Each determination or decision required by an authority
referred to in the second sentence of section 3(d) of the
Central Intelligence Agency Act of 1949 shall be based upon
written findings made by the official making such determination
or decision, which findings shall be final and shall be
available within the Office of the Director of National
Intelligence for a period of at least six years following the
date of such determination or decision.
(4)(A) In addition to the authority referred to in paragraph
(1), the Director of National Intelligence may authorize the
head of an element of the intelligence community to exercise an
acquisition authority referred to in section 3 or 8(a) of the
Central Intelligence Agency Act of 1949 (50 U.S.C. 403c and
403j(a)) for an acquisition by such element that is more than
50 percent funded under the National Intelligence Program.
(B) The head of an element of the intelligence community may
not exercise an authority referred to in subparagraph (A)
until--
(i) the head of such element (without delegation)
submits to the Director of National Intelligence a
written request that includes--
(I) a description of such authority requested
to be exercised;
(II) an explanation of the need for such
authority, including an explanation of the
reasons that other authorities are
insufficient; and
(III) a certification that the mission of
such element would be--
(aa) impaired if such authority is
not exercised; or
(bb) significantly and measurably
enhanced if such authority is
exercised; and
(ii) the Director of National Intelligence issues a
written authorization that includes--
(I) a description of the authority referred
to in subparagraph (A) that is authorized to be
exercised; and
(II) a justification to support the exercise
of such authority.
(C) A request and authorization to exercise an authority
referred to in subparagraph (A) may be made with respect to an
individual acquisition or with respect to a specific class of
acquisitions described in the request and authorization
referred to in subparagraph (B).
(D)(i) A request from a head of an element of the
intelligence community located within one of the departments
described in clause (ii) to exercise an authority referred to
in subparagraph (A) shall be submitted to the Director of
National Intelligence in accordance with any procedures
established by the head of such department.
(ii) The departments described in this clause are the
Department of Defense, the Department of Energy, the Department
of Homeland Security, the Department of Justice, the Department
of State, and the Department of the Treasury.
(E)(i) The head of an element of the intelligence community
may not be authorized to utilize an authority referred to in
subparagraph (A) for a class of acquisitions for a period of
more than 3 years, except that the Director of National
Intelligence (without delegation) may authorize the use of such
an authority for not more than 6 years.
(ii) Each authorization to utilize an authority referred to
in subparagraph (A) may be extended in accordance with the
requirements of subparagraph (B) for successive periods of not
more than 3 years, except that the Director of National
Intelligence (without delegation) may authorize an extension
period of not more than 6 years.
(F) Subject to clauses (i) and (ii) of subparagraph (E), the
Director of National Intelligence may only delegate the
authority of the Director under subparagraphs (A) through (E)
to the Principal Deputy Director of National Intelligence or a
Deputy Director of National Intelligence.
(G) The Director of National Intelligence shall submit--
(i) to the congressional intelligence committees a
notification of an authorization to exercise an
authority referred to in subparagraph (A) or an
extension of such authorization that includes the
written authorization referred to in subparagraph
(B)(ii); and
(ii) to the Director of the Office of Management and
Budget a notification of an authorization to exercise
an authority referred to in subparagraph (A) for an
acquisition or class of acquisitions that will exceed
$50,000,000 annually.
(H) Requests and authorizations to exercise an authority
referred to in subparagraph (A) shall remain available within
the Office of the Director of National Intelligence for a
period of at least 6 years following the date of such request
or authorization.
(I) Nothing in this paragraph may be construed to alter or
otherwise limit the authority of the Central Intelligence
Agency to independently exercise an authority under section 3
or 8(a) of the Central Intelligence Agency Act of 1949 (50
U.S.C. 403c and 403j(a)).
(o) Consideration of Views of Elements of Intelligence
Community.--In carrying out the duties and responsibilities
under this section, the Director of National Intelligence shall
take into account the views of a head of a department
containing an element of the intelligence community and of the
Director of the Central Intelligence Agency.
(p) Responsibility of Director of National Intelligence
Regarding National Intelligence Program Budget Concerning the
Department of Defense.--Subject to the direction of the
President, the Director of National Intelligence shall, after
consultation with the Secretary of Defense, ensure that the
National Intelligence Program budgets for the elements of the
intelligence community that are within the Department of
Defense are adequate to satisfy the national intelligence needs
of the Department of Defense, including the needs of the
Chairman of the Joint Chiefs of Staff and the commanders of the
unified and specified commands, and wherever such elements are
performing Government-wide functions, the needs of other
Federal departments and agencies.
(q) Acquisitions of Major Systems.--(1) For each intelligence
program within the National Intelligence Program for the
acquisition of a major system, the Director of National
Intelligence shall--
(A) require the development and implementation of a
program management plan that includes cost, schedule,
and performance goals and program milestone criteria,
except that with respect to Department of Defense
programs the Director shall consult with the Secretary
of Defense;
(B) serve as exclusive milestone decision authority,
except that with respect to Department of Defense
programs the Director shall serve as milestone decision
authority jointly with the Secretary of Defense or the
designee of the Secretary; and
(C) periodically--
(i) review and assess the progress made
toward the achievement of the goals and
milestones established in such plan; and
(ii) submit to Congress a report on the
results of such review and assessment.
(2) If the Director of National Intelligence and the
Secretary of Defense are unable to reach an agreement on a
milestone decision under paragraph (1)(B), the President shall
resolve the conflict.
(3) Nothing in this subsection may be construed to limit the
authority of the Director of National Intelligence to delegate
to any other official any authority to perform the
responsibilities of the Director under this subsection.
(4) In this subsection:
(A) The term ``intelligence program'', with respect
to the acquisition of a major system, means a program
that--
(i) is carried out to acquire such major
system for an element of the intelligence
community; and
(ii) is funded in whole out of amounts
available for the National Intelligence
Program.
(B) The term ``major system'' has the meaning given
such term in section 4(9) of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 403(9)).
(r) Performance of Common Services.--The Director of National
Intelligence shall, in consultation with the heads of
departments and agencies of the United States Government
containing elements within the intelligence community and with
the Director of the Central Intelligence Agency, coordinate the
performance by the elements of the intelligence community
within the National Intelligence Program of such services as
are of common concern to the intelligence community, which
services the Director of National Intelligence determines can
be more efficiently accomplished in a consolidated manner.
(s) Pay Authority for Critical Positions.--(1)
Notwithstanding any pay limitation established under any other
provision of law applicable to employees in elements of the
intelligence community, the Director of National Intelligence
may, in coordination with the Director of the Office of
Personnel Management and the Director of the Office of
Management and Budget, grant authority to the head of a
department or agency to fix the rate of basic pay for one or
more positions within the intelligence community at a rate in
excess of any applicable limitation, subject to the provisions
of this subsection. The exercise of authority so granted is at
the discretion of the head of the department or agency
employing the individual in a position covered by such
authority, subject to the provisions of this subsection and any
conditions established by the Director of National Intelligence
when granting such authority.
(2) Authority under this subsection may be granted or
exercised only--
(A) with respect to a position that requires an
extremely high level of expertise and is critical to
successful accomplishment of an important mission; and
(B) to the extent necessary to recruit or retain an
individual exceptionally well qualified for the
position.
(3) The head of a department or agency may not fix a rate of
basic pay under this subsection at a rate greater than the rate
payable for level II of the Executive Schedule under section
5313 of title 5, United States Code, except upon written
approval of the Director of National Intelligence or as
otherwise authorized by law.
(4) The head of a department or agency may not fix a rate of
basic pay under this subsection at a rate greater than the rate
payable for level I of the Executive Schedule under section
5312 of title 5, United States Code, except upon written
approval of the President in response to a request by the
Director of National Intelligence or as otherwise authorized by
law.
(5) Any grant of authority under this subsection for a
position shall terminate at the discretion of the Director of
National Intelligence.
(6)(A) The Director of National Intelligence shall notify the
congressional intelligence committees not later than 30 days
after the date on which the Director grants authority to the
head of a department or agency under this subsection.
(B) The head of a department or agency to which the Director
of National Intelligence grants authority under this subsection
shall notify the congressional intelligence committees and the
Director of the exercise of such authority not later than 30
days after the date on which such head exercises such
authority.
(t) Award of Rank to Members of the Senior National
Intelligence Service.--(1) The President, based on the
recommendation of the Director of National Intelligence, may
award a rank to a member of the Senior National Intelligence
Service or other intelligence community senior civilian officer
not already covered by such a rank award program in the same
manner in which a career appointee of an agency may be awarded
a rank under section 4507 of title 5, United States Code.
(2) The President may establish procedures to award a rank
under paragraph (1) to a member of the Senior National
Intelligence Service or a senior civilian officer of the
intelligence community whose identity as such a member or
officer is classified information (as defined in section
606(1)).
(u) Conflict of Interest Regulations.--The Director of
National Intelligence, in consultation with the Director of the
Office of Government Ethics, shall issue regulations
prohibiting an officer or employee of an element of the
intelligence community from engaging in outside employment if
such employment creates a conflict of interest or appearance
thereof.
(v) Authority To Establish Positions in Excepted Service.--
(1) The Director of National Intelligence, with the concurrence
of the head of the covered department concerned and in
consultation with the Director of the Office of Personnel
Management, may--
(A) convert competitive service positions, and the
incumbents of such positions, within an element of the
intelligence community in such department, to excepted
service positions as the Director of National
Intelligence determines necessary to carry out the
intelligence functions of such element; and
(B) establish new positions in the excepted service
within an element of the intelligence community in such
department, if the Director of National Intelligence
determines such positions are necessary to carry out
the intelligence functions of such element.
(2) An incumbent occupying a position on the date of the
enactment of the Intelligence Authorization Act for Fiscal Year
2012 selected to be converted to the excepted service under
this section shall have the right to refuse such conversion.
Once such individual no longer occupies the position, the
position may be converted to the excepted service.
(3) A covered department may appoint an individual to a
position converted or established pursuant to this subsection
without regard to the civil-service laws, including parts II
and III of title 5, United States Code.
(4) In this subsection, the term ``covered department'' means
the Department of Energy, the Department of Homeland Security,
the Department of State, or the Department of the Treasury.
(w) Nuclear Proliferation Assessment Statements Intelligence
Community Addendum.--The Director of National Intelligence, in
consultation with the heads of the appropriate elements of the
intelligence community and the Secretary of State, shall
provide to the President, the congressional intelligence
committees, the Committee on Foreign Affairs of the House of
Representatives, and the Committee on Foreign Relations of the
Senate an addendum to each Nuclear Proliferation Assessment
Statement accompanying a civilian nuclear cooperation
agreement, containing a comprehensive analysis of the country's
export control system with respect to nuclear-related matters,
including interactions with other countries of proliferation
concern and the actual or suspected nuclear, dual-use, or
missile-related transfers to such countries.
(x) Requirements for Intelligence Community Contractors.--The
Director of National Intelligence, in consultation with the
head of each department of the Federal Government that contains
an element of the intelligence community and the Director of
the Central Intelligence Agency, shall--
(1) ensure that--
(A) any contractor to an element of the intelligence
community with access to a classified network or classified
information develops and operates a security plan that is
consistent with standards established by the Director of
National Intelligence for intelligence community networks; and
(B) each contract awarded by an element of the intelligence
community includes provisions requiring the contractor comply
with such plan and such standards;
(2) conduct periodic assessments of each security
plan required under paragraph (1)(A) to ensure such
security plan complies with the requirements of such
paragraph; and
(3) ensure that the insider threat detection capabilities and
insider threat policies of the intelligence community apply to
facilities of contractors with access to a classified network.
(y) Fundraising.--(1) The Director of National Intelligence
may engage in fundraising in an official capacity for the
benefit of nonprofit organizations that--
(A) provide support to surviving family members of a
deceased employee of an element of the intelligence
community; or
(B) otherwise provide support for the welfare,
education, or recreation of employees of an element of
the intelligence community, former employees of an
element of the intelligence community, or family
members of such employees.
(2) In this subsection, the term ``fundraising'' means the
raising of funds through the active participation in the
promotion, production, or presentation of an event designed to
raise funds and does not include the direct solicitation of
money by any other means.
(3) Not later than 7 days after the date the Director engages
in fundraising authorized by this subsection or at the time the
decision is made to participate in such fundraising, the
Director shall notify the congressional intelligence committees
of such fundraising.
(4) The Director, in consultation with the Director of the
Office of Government Ethics, shall issue regulations to carry
out the authority provided in this subsection. Such regulations
shall ensure that such authority is exercised in a manner that
is consistent with all relevant ethical constraints and
principles, including the avoidance of any prohibited conflict
of interest or appearance of impropriety.
(z) Analyses and Impact Statements Regarding Proposed
Investment Into the United States.--(1) Not later than 20 days
after the completion of a review or an investigation of any
proposed investment into the United States for which the
Director has prepared analytic materials, the Director shall
submit to the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the House
of Representative copies of such analytic materials, including
any supplements or amendments to such analysis made by the
Director.
(2) Not later than 60 days after the completion of
consideration by the United States Government of any investment
described in paragraph (1), the Director shall determine
whether such investment will have an operational impact on the
intelligence community, and, if so, shall submit a report on
such impact to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of
the House of Representatives. Each such report shall--
(A) describe the operational impact of the investment
on the intelligence community; and
(B) describe any actions that have been or will be
taken to mitigate such impact.
* * * * * * *
chief information officer
Sec. 103G. (a) Chief Information Officer.--To assist the
Director of National Intelligence in carrying out the
responsibilities of the Director under this Act and other
applicable provisions of law, there shall be within the Office
of the Director of National Intelligence a Chief Information
Officer of the Intelligence Community who shall be appointed by
the President. The Chief Information Officer shall report
directly to the Director of National Intelligence.
(b) Duties and Responsibilities.--Subject to the direction of
the Director of National Intelligence, the Chief Information
Officer of the Intelligence Community shall--
(1) manage activities relating to the information
technology infrastructure and enterprise architecture
requirements of the intelligence community;
(2) have procurement approval authority over all
information technology items related to the enterprise
architectures of all intelligence community components;
(3) direct and manage all information technology-
related procurement for the intelligence community; and
(4) ensure that all expenditures for information
technology and research and development activities are
consistent with the intelligence community enterprise
architecture and the strategy of the Director for such
architecture.
(c) Prohibition on Simultaneous Service as Other Chief
Information Officer.--An individual serving in the position of
Chief Information Officer of the Intelligence Community may
not, while so serving, serve as the chief information officer
of any other department or agency, or component thereof, of the
United States Government.
* * * * * * *
chief financial officer of the intelligence community
Sec. 103I. (a) Chief Financial Officer of the Intelligence
Community.--To assist the Director of National Intelligence in
carrying out the responsibilities of the Director under this
Act and other applicable provisions of law, there is within the
Office of the Director of National Intelligence a Chief
Financial Officer of the Intelligence Community who shall be
appointed by the Director. The Chief Financial Officer shall
report directly to the Director of National Intelligence.
(b) Duties and Responsibilities.--Subject to the direction of
the Director of National Intelligence, the Chief Financial
Officer of the Intelligence Community shall--
(1) serve as the principal advisor to the Director of
National Intelligence and the Principal Deputy Director
of National Intelligence on the management and
allocation of intelligence community budgetary
resources;
(2) participate in overseeing a comprehensive and
integrated strategic process for resource management
within the intelligence community;
(3) ensure that the strategic plan of the Director of
National Intelligence--
(A) is based on budgetary constraints as
specified in the Future Year Intelligence Plans
and Long-term Budget Projections required under
section 506G; and
(B) contains specific goals and objectives to
support a performance-based budget;
(4) prior to the obligation or expenditure of funds
for the acquisition of any major system pursuant to a
Milestone A or Milestone B decision, receive
verification from appropriate authorities that the
national requirements for meeting the strategic plan of
the Director have been established, and that such
requirements are prioritized based on budgetary
constraints as specified in the Future Year
Intelligence Plans and the Long-term Budget Projections
for such major system required under section 506G;
(5) ensure that the collection architectures of the
Director are based on budgetary constraints as
specified in the Future Year Intelligence Plans and the
Long-term Budget Projections required under section
506G;
(6) coordinate or approve representations made to
Congress by the intelligence community regarding
National Intelligence Program budgetary resources;
(7) participate in key mission requirements,
acquisitions, or architectural boards formed within or
by the Office of the Director of National Intelligence;
and
(8) perform such other duties as may be prescribed by
the Director of National Intelligence.
(c) Other Law.--The Chief Financial Officer of the
Intelligence Community shall serve as the Chief Financial
Officer of the intelligence community and, to the extent
applicable, shall have the duties, responsibilities, and
authorities specified in chapter 9 of title 31, United States
Code.
(d) Prohibition on Simultaneous Service as Other Chief
Financial Officer.--An individual serving in the position of
Chief Financial Officer of the Intelligence Community may not,
while so serving, serve as the chief financial officer of any
other department or agency, or component thereof, of the United
States Government.
(e) Definitions.--In this section:
(1) The term ``major system'' has the meaning given
that term in section 506A(e).
(2) The term ``Milestone A'' has the meaning given
that term in section 506G(f).
(3) The term ``Milestone B'' has the meaning given
that term in section 506C(e).
* * * * * * *
director of the central intelligence agency
Sec. 104A. (a) Director of Central Intelligence Agency.--
There is a Director of the Central Intelligence Agency who
shall be appointed by the President, by and with the advice and
consent of the Senate.
(b) Supervision.--The Director of the Central Intelligence
Agency shall report to the Director of National Intelligence
regarding the activities of the Central Intelligence Agency.
(c) Duties.--The Director of the Central Intelligence Agency
shall--
(1) serve as the head of the Central Intelligence
Agency; and
(2) carry out the responsibilities specified in
subsection (d).
(d) Responsibilities.--The Director of the Central
Intelligence Agency shall--
(1) collect intelligence through human sources and by
other appropriate means, except that the Director of
the Central Intelligence Agency shall have no police,
subpoena, or law enforcement powers or internal
security functions;
(2) correlate and evaluate intelligence related to
the national security and provide appropriate
dissemination of such intelligence;
(3) provide overall direction for and coordination of
the collection of national intelligence outside the
United States through human sources by elements of the
intelligence community authorized to undertake such
collection and, in coordination with other departments,
agencies, or elements of the United States Government
which are authorized to undertake such collection,
ensure that the most effective use is made of resources
and that appropriate account is taken of the risks to
the United States and those involved in such
collection; and
(4) perform such other functions and duties related
to intelligence affecting the national security as the
President or the Director of National Intelligence may
direct.
(e) Termination of Employment of CIA Employees.--(1)
Notwithstanding the provisions of any other law, the Director
of the Central Intelligence Agency may, in the discretion of
the Director, terminate the employment of any officer or
employee of the Central Intelligence Agency whenever the
Director deems the termination of employment of such officer or
employee necessary or advisable in the interests of the United
States.
(2) Any termination of employment of an officer or employee
under paragraph (1) shall not affect the right of the officer
or employee to seek or accept employment in any other
department, agency, or element of the United States Government
if declared eligible for such employment by the Office of
Personnel Management.
(f) Coordination With Foreign Governments.--Under the
direction of the Director of National Intelligence and in a
manner consistent with section 207 of the Foreign Service Act
of 1980 (22 U.S.C. 3927), the Director of the Central
Intelligence Agency shall coordinate the relationships between
elements of the intelligence community and the intelligence or
security services of foreign governments or international
organizations on all matters involving intelligence related to
the national security or involving intelligence acquired
through clandestine means.
[(g) Foreign Language Proficiency for Certain Senior Level
Positions in Central Intelligence Agency.--(1) Except as
provided pursuant to paragraph (2), an individual in the
Directorate of Intelligence career service or the National
Clandestine Service career service may not be appointed or
promoted to a position in the Senior Intelligence Service in
the Directorate of Intelligence or the National Clandestine
Service of the Central Intelligence Agency unless the Director
of the Central Intelligence Agency determines that the
individual has been certified as having a professional speaking
and reading proficiency in a foreign language, such proficiency
being at least level 3 on the Interagency Language Roundtable
Language Skills Level or commensurate proficiency level using
such other indicator of proficiency as the Director of the
Central Intelligence Agency considers appropriate.
[(2) The Director of the Central Intelligence Agency may, in
the discretion of the Director, waive the application of
paragraph (1) to any position, category of positions, or
occupation otherwise covered by that paragraph if the Director
determines that foreign language proficiency is not necessary
for the successful performance of the duties and
responsibilities of such position, category of positions, or
occupation.]
* * * * * * *
RESPONSIBILITIES OF THE SECRETARY OF DEFENSE PERTAINING TO THE NATIONAL
INTELLIGENCE PROGRAM
Sec. 105. (a) In General.--Consistent with sections 102 and
102A, the Secretary of Defense, in consultation with the
Director of National Intelligence, shall--
(1) ensure that the budgets of the elements of the
intelligence community within the Department of Defense
are adequate to satisfy the overall intelligence needs
of the Department of Defense, including the needs of
the chairman of the Joint Chiefs of Staff and the
commanders of the unified and specified commands and,
wherever such elements are performing governmentwide
functions, the needs of other departments and agencies;
(2) ensure appropriate implementation of the policies
and resource decisions of the Director by elements of
the Department of Defense within the National
Intelligence Program;
(3) ensure that the tactical intelligence activities
of the Department of Defense complement and are
compatible with intelligence activities under the
National Intelligence Program;
(4) ensure that the elements of the intelligence
community within the Department of Defense are
responsive and timely with respect to satisfying the
needs of operational military forces;
(5) eliminate waste and unnecessary duplication among
the intelligence activities of the Department of
Defense; and
(6) ensure that intelligence activities of the
Department of Defense are conducted jointly where
appropriate.
(b) Responsibility for the Performance of Specific
Functions.--Consistent with sections 102 and 102A of this Act,
the Secretary of Defense, in consultation with the Director of
National Intelligence, shall ensure--
(1) through the National Security Agency (except as
otherwise directed by the President or the National
Security Council), the continued operation of an
effective unified organization for the conduct of
signals intelligence activities and shall ensure that
the product is disseminated in a timely manner to
authorized recipients;
(2) through the National Geospatial-Intelligence
Agency (except as otherwise directed by the President
or the National Security Council), with appropriate
representation from the intelligence community, the
continued operation of an effective unified
organization within the Department of Defense--
(A) for carrying out tasking of imagery
collection;
(B) for the coordination of imagery
processing and exploitation activities;
(C) for ensuring the dissemination of imagery
in a timely manner to authorized recipients;
and
(D) notwithstanding any other provision of
law, for--
(i) prescribing technical
architecture and standards related to
imagery intelligence and geospatial
information and ensuring compliance
with such architecture and standards;
and
(ii) developing and fielding systems
of common concern related to imagery
intelligence and geospatial
information;
(3) through the National Reconnaissance Office
(except as otherwise directed by the President or the
National Security Council), the continued operation of
an effective unified organization for the research and
development, acquisition, and operation of overhead
reconnaissance systems necessary to satisfy the
requirements of all elements of the intelligence
community;
(4) through the Defense Intelligence Agency (except
as otherwise directed by the President or the National
Security Council), the continued operation of an
effective unified system within the Department of
Defense for the production of timely, objective
military and military-related intelligence, based upon
all sources available to the intelligence community,
and shall ensure the appropriate dissemination of such
intelligence to authorized recipients;
(5) through the Defense Intelligence Agency (except
as otherwise directed by the President or the National
Security Council), effective management of Department
of Defense human intelligence and counterintelligence
activities, including defense attaches; and
(6) that the military departments maintain sufficient
capabilities to collect and produce intelligence to
meet--
(A) the requirements of the Director of
National Intelligence;
(B) the requirements of the Secretary of
Defense or the Chairman of the Joint Chiefs of
Staff;
(C) the requirements of the unified and
specified combatant commands and of joint
operations; and
(D) the specialized requirements of the
military departments for intelligence necessary
to support tactical commanders, military
planners, the research and development process,
the acquisition of military equipment, and
training and doctrine.
(c) Expenditure of Funds by the Defense Intelligence
Agency.--(1) Subject to paragraphs (2) and (3), the Director of
the Defense Intelligence Agency may expend amounts made
available to the Director under the National Intelligence
Program for human intelligence and counterintelligence
activities for objects of a confidential, extraordinary, or
emergency nature, without regard to the provisions of law or
regulation relating to the expenditure of Government funds.
(2) The Director of the Defense Intelligence Agency may not
expend more than five percent of the amounts made available to
the Director under the National Intelligence Program for human
intelligence and counterintelligence activities for a fiscal
year for objects of a confidential, extraordinary, or emergency
nature in accordance with paragraph (1) during such fiscal year
unless--
(A) the Director notifies the congressional
intelligence committees, the Committee on Armed
Services of the Senate, and the Committee on Armed
Services of the House of Representatives of the intent
to expend the amounts; and
(B) 30 days have elapsed from the date on which the
Director notifies the congressional intelligence
committees, the Committee on Armed Services of the
Senate, and the Committee on Armed Services of the
House of Representatives in accordance with
subparagraph (A).
(3) For each expenditure referred to in paragraph (1), the
Director shall certify that such expenditure was made for an
object of a confidential, extraordinary, or emergency nature.
(4) Not later than December 31 of each year, the Director of
the Defense Intelligence Agency shall submit to the
congressional intelligence committees, the Committee on Armed
Services of the Senate, and the Committee on Armed Services of
the House of Representatives a report on any expenditures made
during the preceding fiscal year in accordance with paragraph
(1).
(d) Use of Elements of Department of Defense.--The Secretary
of Defense, in carrying out the functions described in this
section, may use such elements of the Department of Defense as
may be appropriate for the execution of those functions, in
addition to, or in lieu of, the elements identified in this
section.
* * * * * * *
appointment of officials responsible for intelligence-related
activities
sec. 106 (a) Recommendation of DNI in Certain Appointments.--
(1) In the event of a vacancy in a position referred to in
paragraph (2), the Director of National Intelligence shall
recommend to the President an individual for nomination to fill
the vacancy.
(2) Paragraph (1) applies to the following positions:
(A) The Principal Deputy Director of National
Intelligence.
(B) The Director of the Central Intelligence Agency.
(b) Concurrence of DNI in Appointments to Positions in the
Intelligence Community.--(1) In the event of a vacancy in a
position referred to in paragraph (2), the head of the
department or agency having jurisdiction over the position
shall obtain the concurrence of the Director of National
Intelligence before appointing an individual to fill the
vacancy or recommending to the President an individual to be
nominated to fill the vacancy. If the Director does not concur
in the recommendation, the head of the department or agency
concerned may not fill the vacancy or make the recommendation
to the President (as the case may be). In the case in which the
Director does not concur in such a recommendation, the Director
and the head of the department or agency concerned may advise
the President directly of the intention to withhold concurrence
or to make a recommendation, as the case may be.
(2) Paragraph (1) applies to the following positions:
(A) The Director of the National Security Agency.
(B) The Director of the National Reconnaissance
Office.
(C) The Director of the National Geospatial-
Intelligence Agency.
(D) The Assistant Secretary of State for Intelligence
and Research.
(E) The Director of the Office of Intelligence and
Counterintelligence of the Department of Energy.
[(F) The Director of the Office of
Counterintelligence of the Department of Energy.]
[(G)] (F) The Assistant Secretary for Intelligence
and Analysis of the Department of the Treasury.
[(H)] (G) The Executive Assistant Director for
Intelligence of the Federal Bureau of Investigation or
any successor to that position.
[(I)] (H) The Under Secretary of Homeland Security
for Intelligence and Analysis.
(c) Consultation With DNI in Certain Positions.--(1) In the
event of a vacancy in a position referred to in paragraph (2),
the head of the department or agency having jurisdiction over
the position shall consult with the Director of National
Intelligence before appointing an individual to fill the
vacancy or recommending to the President an individual to be
nominated to fill the vacancy.
(2) Paragraph (1) applies to the following positions:
(A) The Director of the Defense Intelligence Agency.
(B) The Assistant Commandant of the Coast Guard for
Intelligence.
(C) The Assistant Attorney General designated as the
Assistant Attorney General for National Security under
section 507A of title 28, United States Code.
SEC. 106A. DIRECTOR OF THE NATIONAL RECONNAISSANCE OFFICE.
(a) In General.--There is a Director of the National
Reconnaissance Office.
(b) Appointment.--The Director of the National Reconnaissance
Office shall be appointed by the President, by and with the
advice and consent of the Senate.
(c) Functions and Duties.--The Director of the National
Reconnaissance Office shall be the head of the National
Reconnaissance Office and shall discharge such functions and
duties as are provided by this Act or otherwise by law or
executive order.
(d) Advisory Board.--
(1) Establishment.--There is established in the
National Reconnaissance Office an advisory board (in
this section referred to as the ``Board'').
(2) Duties.--The Board shall--
(A) study matters relating to the mission of
the National Reconnaissance Office, including
with respect to space, overhead reconnaissance,
acquisition, and other matters; and
(B) advise and report directly the Director
with respect to such matters.
(3) Members.--
(A) Number and appointment.--The Board shall
be composed of 5 members appointed by the
Director from among individuals with
demonstrated academic, government, business, or
other expertise relevant to the mission and
functions of the National Reconnaissance
Office.
(B) Terms.--Each member shall be appointed
for a term of 2 years. Except as provided by
subparagraph (C), a member may not serve more
than 3 terms.
(C) Vacancy.--Any member appointed to fill a
vacancy occurring before the expiration of the
term for which the member's predecessor was
appointed shall be appointed only for the
remainder of that term. A member may serve
after the expiration of that member's term
until a successor has taken office.
(D) Chair.--The Board shall have a Chair, who
shall be appointed by the Director from among
the members.
(E) Travel expenses.--Each member shall
receive travel expenses, including per diem in
lieu of subsistence, in accordance with
applicable provisions under subchapter I of
chapter 57 of title 5, United States Code.
(F) Executive secretary.--The Director may
appoint an executive secretary, who shall be an
employee of the National Reconnaissance Office,
to support the Board.
(4) Meetings.--The Board shall meet not less than
quarterly, but may meet more frequently at the call of
the Director.
(5) Reports.--Not later than March 31 of each year,
the Board shall submit to the Director and to the
congressional intelligence committees a report on the
activities of the Board during the preceding year.
(6) Nonapplicability of certain requirements.--The
Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Board.
[national security resources board
[Sec. 107. (a) The Director of the Office of Defense
Mobilization, subject to the direction of the President, is
authorized, subject to the civil-service laws and the
Classification Act of 1949, to appoint and fix the compensation
of such personnel as may be necessary to assist the Director in
carrying out his functions.
[(b) It shall be the function of the Director of the Office
of Defense Mobilization to advise the President concerning the
coordination of military, industrial, and civilian
mobilization, including--
[(1) policies concerning industrial and civilian
mobilization in order to assure the most effective
mobilization and maximum utilization of the Nation's
manpower in the event of war.
[(2) programs for the effective use in time of war of
the Nation's natural and industrial resources for
military and civilian needs, for the maintenance and
stabilization of the civilian economy in time of war,
and for the adjustment of such economy to war needs and
conditions;
[(3) policies for unifying, in time of war, the
activities of Federal agencies and departments engaged
in or concerned with production, procurement,
distribution, or transportation of military or civilian
supplies, materials, and products;
[(4) the relationship between potential supplies of,
and potential requirements for, manpower, resources,
and productive facilities in time of war;
[(5) policies for establishing adequate reserves of
strategic and critical material, and for the
conservation of these reserves;
[(6) the strategic relocation of industries,
services, government, and economic activities, the
continuous operation of which is essential to the
Nation's security.
[(c) In performing his functions, the Director of the Office
of Defense Mobilization shall utilize to the maximum extent the
facilities and resources of the departments and agencies of the
Government.]
annual national security strategy report
Sec. 108. (a)(1) The President shall transmit to Congress
each year a comprehensive report on the national security
strategy of the United States (hereinafter in this section
referred to as a national security strategy report'').
(2) The national security strategy report for any year shall
be transmitted on the date on which the President submits to
Congress the budget for the next fiscal year under section 1105
of title 31, United States Code.
(3) Not later than 150 days after the date on which a new
President takes office, the President shall transmit to
Congress a national security strategy report under this
section. That report shall be in addition to the report for
that year transmitted at the time specified in paragraph (2).
(b) Each national security strategy report shall set forth
the national security strategy of the United States and shall
include a comprehensive description and discussion of the
following:
(1) The worldwide interests, goals, and objectives of
the United States that are vital to the national
security of the United States.
(2) The foreign policy, worldwide commitments, and
national defense capabilities of the United States
necessary to deter aggression and to implement the
national security strategy of the United States.
(3) The proposed short-term and long-term uses of the
political, economic, military, and other elements of
the national power of the United States to protect or
promote the interests and achieve the goals and
objectives referred to in paragraph (1).
(4) The adequacy of the capabilities of the United
States to carry out the national security strategy of
the United States, including an evaluation of the
balance among the capabilities of all elements of the
national power of the United States to support the
implementation of the national security strategy.
(5) Such other information as may be necessary to
help inform Congress on matters relating to the
national security strategy of the United States.
(c) Each national security strategy report shall be
transmitted [in both a classified and an unclassified form] to
Congress in classified form, but may include an unclassified
summary.
* * * * * * *
restrictions on intelligence sharing with the united nations
Sec. 112. (a) Provision of Intelligence Information to the
United Nations.--(1) No United States intelligence information
may be provided to the United Nations or any organization
affiliated with the United Nations, or to any officials or
employees thereof, unless the President certifies to the
appropriate committees of Congress that the Director of
National Intelligence, in consultation with the Secretary of
State and the Secretary of Defense, has established and
implemented procedures, and has worked with the United Nations
to ensure implementation of procedures, for protecting from
unauthorized disclosure United States intelligence sources and
methods connected to such information.
(2) Paragraph (1) may be waived upon written certification by
the President to the appropriate committees of Congress that
providing such information to the United Nations or an
organization affiliated with the United Nations, or to any
officials or employees thereof, is in the national security
interests of the United States.
(b) Delegation of Duties.--The President may not delegate or
assign the duties of the President under this section.
(c) Relationship to Existing Law.--Nothing in this section
shall be construed to--
(1) impair or otherwise affect the authority of the
Director of National Intelligence to protect
intelligence sources and
methods from unauthorized disclosure pursuant to
[section 103(c)(7)] section 102A(i) of this Act; or
(2) supersede or otherwise affect the provisions of
title V of this Act.
(d) Definition.--As used in this section, the term
``appropriate committees of Congress'' means the Committee on
Foreign Relations and the Select Committee on Intelligence of
the Senate and the Committee on Foreign Relations and the
Permanent Select Committee on Intelligence of the House of
Representatives.
* * * * * * *
SEC. 113B. SPECIAL PAY AUTHORITY FOR SCIENCE, TECHNOLOGY, ENGINEERING,
OR MATHEMATICS POSITIONS.
[(a) Authority to Set Special Rates of Pay.--Notwithstanding
part III of title 5, United States Code, the head of each
element of the intelligence community may establish higher
minimum rates of pay for 1 or more categories of positions in
such element that require expertise in science, technology,
engineering, or mathematics (STEM).]
(a) Special Rates of Pay for Positions Requiring Expertise in
Science, Technology, Engineering, or Mathematics.--
(1) In general.--Notwithstanding part III of title 5,
United States Code, the head of each element of the
intelligence community may, for 1 or more categories of
positions in such element that require expertise in
science, technology, engineering, or mathematics--
(A) establish higher minimum rates of pay;
and
(B) make corresponding increases in all rates
of pay of the pay range for each grade or
level, subject to subsection (b) or (c), as
applicable.
(2) Treatment.--The special rate supplements
resulting from the establishment of higher rates under
paragraph (1) shall be basic pay for the same or
similar purposes as those specified in section 5305(j)
of title 5, United States Code.
(b) Special Rates of Pay for Cyber Positions.--
(1) In general.--Notwithstanding subsection (c), the
Director of the National Security Agency may establish
a special rate of pay--
(A) not to exceed the rate of basic pay
payable for level II of the Executive Schedule
under section 5313 of title 5, United States
Code, if the Director certifies to the Under
Secretary of Defense for Intelligence, in
consultation with the Under Secretary of
Defense for Personnel and Readiness, that the
rate of pay is for positions that perform
functions that execute the cyber mission of the
Agency; or
(B) not to exceed the rate of basic pay
payable for the Vice President of the United
States under section 104 of title 3, United
States Code, if the Director certifies to the
Secretary of Defense, by name, individuals that
have advanced skills and competencies and that
perform critical functions that execute the
cyber mission of the Agency.
(2) Pay limitation.--Employees receiving a special
rate under paragraph (1) shall be subject to an
aggregate pay limitation that parallels the limitation
established in section 5307 of title 5, United States
Code, except that--
(A) any allowance, differential, bonus,
award, or other similar cash payment in
addition to basic pay that is authorized under
title 10, United States Code, (or any other
applicable law in addition to title 5 of such
Code, excluding the Fair Labor Standards Act of
1938 (29 U.S.C. 201 et seq.)) shall also be
counted as part of aggregate compensation; and
(B) aggregate compensation may not exceed the
rate established for the Vice President of the
United States under section 104 of title 3,
United States Code.
(3) Limitation on number of recipients.--The number
of individuals who receive basic pay established under
paragraph (1)(B) may not exceed 100 at any time.
(4) Limitation on use as comparative reference.--
Notwithstanding any other provision of law, special
rates of pay and the limitation established under
paragraph (1)(B) may not be used as comparative
references for the purpose of fixing the rates of basic
pay or maximum pay limitations of qualified positions
under section 1599f of title 10, United States Code, or
section 226 of the Homeland Security Act of 2002 (6
U.S.C. 147).
[(b)] (c) Maximum Special Rate of Pay.--[A minimum] Except as
provided in subsection (b), a minimum rate of pay established
for a category of positions under subsection (a) may not exceed
the maximum rate of basic pay (excluding any locality-based
comparability payment under section 5304 of title 5, United
States Code, or similar provision of law) for the position in
that category of positions without the authority of subsection
(a) by more than 30 percent, and no rate may be established
under this section in excess of the rate of basic pay payable
for level IV of the Executive Schedule under section 5315 of
title 5, United States Code.
[(c)] (d) Notification of Removal From Special Rate of Pay.--
If the head of an element of the intelligence community removes
a category of positions from coverage under a rate of pay
authorized by subsection (a) or (b) after that rate of pay
takes effect--
(1) the head of such element shall provide notice of
the loss of coverage of the special rate of pay to each
individual in such category; and
(2) the loss of coverage will take effect on the
first day of the first pay period after the date of the
notice.
[(d)] (e) Revision of Special Rates of Pay.--Subject to the
limitations in this section, rates of pay established under
this section by the head of the element of the intelligence
community may be revised from time to time by the head of such
element and the revisions have the force and effect of statute.
[(e)] (f) Regulations.--The head of each element of the
intelligence community shall promulgate regulations to carry
out this section with respect to such element, which shall, to
the extent practicable, be comparable to the regulations
promulgated to carry out section 5305 of title 5, United States
Code.
[(f)] (g) Reports.--
(1) Requirement for reports.--[Not later than 90 days
after the date of the enactment of the Intelligence
Authorization Act for Fiscal Year 2017] Not later than
90 days after the date of the enactment of the
Intelligence Authorization Act for Fiscal Year 2019,
the head of each element of the intelligence community
shall submit to the congressional intelligence
committees a report on any rates of pay established for
such element under this section.
(2) Contents.--Each report required by paragraph (1)
shall contain for each element of the intelligence
community--
(A) a description of any rates of pay
established under subsection (a) or (b); and
(B) the number of positions in such element
that will be subject to such rates of pay.
* * * * * * *
TITLE II--THE DEPARTMENT OF DEFENSE
[Sec. 201.
[(d) Except to the extent inconsistent with the provisions of
this Act, the provisions of title IV of the Revised Statutes as
now of hereafter amended shall be applicable to the Department
of Defense.]
SEC. 201. DEPARTMENT OF DEFENSE.
Except to the extent inconsistent with the provisions of this
Act or other provisions of law, the provisions of title 5,
United States Code, shall be applicable to the Department of
Defense.
department of the army
Sec. 205. [(b)] (a) All laws, orders, regulations, and other
actions relating to the Department of War or to any officer or
activity whose title is changed under this section shall,
insofar as they are not inconsistent with the provisions of
this Act, be deemed to relate to the Department of the Army
within the Department of Defense or to such officer or activity
designated by his or its new title.
[(c)] (b) the term ``Department of the Army'' as used in this
Act shall be construed to mean the Department of the Army at
the seat of government and all field headquarters, forces,
reserve components, installations, activities, and functions
under the control or supervision of the Department of the Army.
department of the navy
Sec. 206. [(a)] The term ``Department of the Navy'' as used
in this Act shall be construed to mean the Department of the
Navy at the seat of government; the headquarters, United States
Marine Corps; the entire operating forces of the United States
Navy, including naval aviation, and of the United States Marine
Corps, including the reserve components of such forces; all
field activities, headquarters, forces, bases, installations,
activities and functions under the control or supervision of
the Department of the Navy; and the United States Coast Guard
when operating as a part of the Navy pursuant to law.
department of the air force
Sec. 207. [(c)] The term ``Department of the Air Force'' as
used in this Act shall be construed to mean the Department of
the Air Force at the seat of government and all field
headquarters, forces, reserve components, installations,
activities, and functions under the control or supervision of
the Department of the Air Force.
TITLE III--MISCELLANEOUS
* * * * * * *
definitions
Sec. 308. (a) As used in [this Act] sections 2, 101, 102,
103, and 303 of this Act, the term ``function'' includes
functions, powers, and duties.
(b) As used in this Act, the term, ``Department of Defense''
shall be deemed to include the military departments of the
Army, the Navy, and the Air Force, and all agencies created
under title II of this Act.
* * * * * * *
repealing and saving provisions
Sec. [411.] 312. All laws, orders, and regulations
inconsistent with the provisions of this title are repealed
insofar as they are inconsistent with the powers, duties, and
responsibilities enacted hereby: Provided, That the powers,
duties, and responsibilities of the Secretary of Defense under
this title shall be administered in conformance with the policy
and requirements for administration of budgetary and fiscal
matters in the Government generally, including accounting and
financial reporting, and that nothing in this title shall be
construed as eliminating or modifying the powers, duties, and
responsibilities of any other department, agency, or officer of
the Government in connection with such matters, but no such
department, agency, or officer shall exercise any such powers,
duties, or responsibilities in a manner that will render
ineffective the provisions of this title.
TITLE V--ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES
* * * * * * *
presidential approval and reporting of covert actions
Sec. 503. (a) The President may not authorize the conduct of
a covert action by departments, agencies, or entities of the
United States Government unless the President determines such
an action is necessary to support identifiable foreign policy
objectives of the United States and is important to the
national security of the United States, which determination
shall be set forth in a finding that shall meet each of the
following conditions:
(1) Each finding shall be in writing, unless
immediate action by the United States is required and
time does not permit the preparation of a written
finding, in which case a written record of the
President's decision shall be contemporaneously made
and shall be reduced to a written finding as soon as
possible but in no event more than 48 hours after the
decision is made.
(2) Except as permitted by paragraph (1), a finding may not
authorize or sanction a covert action, or any aspect of any
such action, which already has occurred.
(3) Each finding shall specify each department,
agency, or entity of the United States Government
authorized to fund or otherwise participate in any
significant way in such action. Any employee,
contractor, or contract agent of a department, agency,
or entity of the United States Government other than
the Central Intelligence Agency directed to participate
in any way in a covert action shall be subject either
to the policies and regulations of the Central
Intelligence Agency, or to written policies or
regulations adopted by such department, agency, or
entity, to govern such participation.
(4) Each finding shall specify whether it is
contemplated that any third party which is not an
element of, or a contractor or contract agent of, the
United States Government, or is not otherwise subject
to United States Government policies and regulations,
will be used to fund or otherwise participate in any
significant way in the covert action concerned, or be
used to undertake the covert action concerned on behalf
of the United States.
(5) A finding may not authorize any action that would violate
the Constitution or any statute of the United States.
(b) To the extent consistent with due regard for the
protection from unauthorized disclosure of classified
information relating to sensitive intelligence sources and
methods or other exceptionally sensitive matters, the Director
of National Intelligence and the heads of all departments,
agencies, and entities of the United States Government involved
in a covert action--
(1) shall keep the congressional intelligence
committees fully and currently informed of all covert
actions which are the responsibility of, are engaged in
by, or are carried out for or on behalf of, any
department, agency, or entity of the United States
Government, including significant failures; and
(2) shall furnish to the congressional intelligence
committees any information or material concerning covert
actions (including the legal basis under which the covert
action is being or was conducted) which is in the possession,
custody, or control of any department, agency, or entity of the
United States Government and which is requested by either of
the congressional intelligence committees in order to carry out
its authorized responsibilities.
(c)(1) The President shall ensure that any finding approved
pursuant to subsection (a) shall be reported in writing to the
congressional intelligence committees as soon as possible after
such approval and before the initiation of the covert action
authorized by the finding, except as otherwise provided in
paragraph (2) and paragraph (3).
(2) If the President determines that it is essential to limit
access to the finding to meet extraordinary circumstances
affecting vital interests of the United States, the finding may
be reported to the chairmen and ranking minority members of the
congressional intelligence committees, the Speaker and minority
leader of the House of Representatives, the majority and
minority leaders of the Senate, and such other member or
members of the congressional leadership as may be included by
the President.
(3) Whenever a finding is not reported pursuant to paragraph
(1) or (2) of this section, the President shall fully inform
the congressional intelligence committees in a timely fashion
and shall provide a statement of the reasons for not giving
prior notice.
(4) In a case under paragraph (1), (2), or (3), a copy of the
finding, signed by the President, shall be provided to the
chairman of each congressional intelligence committee.
(5)(A) When access to a finding, or a notification provided
under subsection (d)(1), is limited to the Members of Congress
specified in paragraph (2), a written statement of the reasons
for limiting such access shall also be provided.
(B) Not later than 180 days after a statement of
reasons is submitted in accordance with subparagraph
(A) or this subparagraph, the President shall ensure
that--
(i) all members of the congressional
intelligence committees are provided access to
the finding or notification; or
(ii) a statement of reasons that it is
essential to continue to limit access to such
finding or such notification to meet
extraordinary circumstances affecting vital
interests of the United States is submitted to
the Members of Congress specified in paragraph
(2).
(d)(1) The President shall ensure that the congressional
intelligence committees, or, if applicable, the Members of
Congress specified in subsection (c)(2), are notified in
writing of any significant change in a previously approved
covert action, or any significant undertaking pursuant to a
previously approved finding, in the same manner as findings are
reported pursuant to subsection (c).
(2) In determining whether an activity constitutes a
significant undertaking for purposes of paragraph (1), the
President shall consider whether the activity--
(A) involves significant risk of loss of life;
(B) requires an expansion of existing authorities,
including authorities relating to research,
development, or operations;
(C) results in the expenditure of significant funds
or other resources;
(D) requires notification under section 504;
(E) gives rise to a significant risk of disclosing
intelligence sources or methods; or
(F) presents a reasonably foreseeable risk of serious
damage to the diplomatic relations of the United States
if such activity were disclosed without authorization.
(e) As used in this title, the term ``covert action'' means
an activity or activities of the United States Government to
influence political, economic, or military conditions abroad,
where it is intended that the role of the United States
Government will not be apparent or acknowledged publicly, but
does not include--
(1) activities the primary purpose of which is to
acquire intelligence, traditional counterintelligence
activities, traditional activities to improve or
maintain the operational security of United States
Government programs, or administrative activities;
(2) traditional diplomatic or military activities or routine
support to such activities;
(3) traditional law enforcement activities conducted
by United States Government law enforcement agencies or
routine support to such activities; or
(4) activities to provide routine support to the
overt activities (other than activities described in
paragraph (1), (2), or (3)) of other United States
Government agencies abroad.
(f) No covert action may be conducted which is intended to
influence United States political processes, public opinion,
policies, or media.
(g)(1) In any case where access to a finding reported under
subsection (c) or notification provided under subsection (d)(1)
is not made available to all members of a congressional
intelligence committee in accordance with subsection (c)(2),
the President shall notify all members of such committee that
such finding or such notification has been provided only to the
members specified in subsection (c)(2).
(2) In any case where access to a finding reported under
subsection (c) or notification provided under subsection (d)(1)
is not made available to all members of a congressional
intelligence committee in accordance with subsection (c)(2),
the President shall provide to all members of such committee a
general description regarding the finding or notification, as
applicable, consistent with the reasons for not yet fully
informing all members of such committee.
(3) The President shall maintain--
(A) a record of the members of Congress to whom a
finding is reported under subsection (c) or
notification is provided under subsection (d)(1) and
the date on which each member of Congress receives such
finding or notification; and
(B) each written statement provided under subsection
(c)(5).
(h) For each type of activity undertaken as part of a covert
action, the President shall establish in writing a plan to
respond to the unauthorized public disclosure of that type of
activity.
funding of intelligence activities
Sec. 504. (a) Appropriated funds available to an intelligence
agency may be obligated or expended for an intelligence or
intelligence-related activity only if--
(1) those funds were specifically authorized by the
Congress for use for such activities; or
(2) in the case of funds from the Reserve for
Contingencies of the Central Intelligence Agency and
consistent with the provisions of section 503 of this
Act concerning any significant anticipated intelligence
activity, the Director of the Central Intelligence
Agency has notified the appropriate congressional
committees of the intent to make such funds available
for such activity; or
(3) in the case of funds specifically authorized by
the Congress for a different activity--
(A) the activity to be funded is a higher
priority intelligence or intelligence-related
activity;
(B) the use of such funds for such activity
supports an emergent need, improves program
effectiveness, or increases efficiency; and
(C) the Director of National Intelligence,
the Secretary of Defense, or the Attorney
General, as appropriate, has notified the
appropriate congressional committees of the
intent to make such funds available for such
activity;
(4) nothing in this subsection prohibits obligation
or expenditure of funds available to an intelligence
agency in accordance with sections 1535 and 1536 of
title 31, United States Code.
(b) Funds available to an intelligence agency may not be made
available for any intelligence or intelligence-related activity
for which funds were denied by the Congress.
(c) No funds appropriated for, or otherwise available to, any
department, agency, or entity of the United States Government
may be expended, or may be directed to be expended, for any
covert action, as defined in section 503(e), unless and until a
Presidential finding required by subsection (a) of section 503
has been signed or otherwise issued in accordance with that
subsection.
(d)(1) Except as otherwise specifically provided by law,
funds available to an intelligence agency that are not
appropriated funds may be obligated or expended for an
intelligence or intelligence-related activity only if those
funds are used for activities reported to the appropriate
congressional committees pursuant to procedures which
identify--
(A) the types of activities for which nonappropriated
funds may be expended; and
(B) the circumstances under which an activity must be
reported as a significant anticipated intelligence
activity before such funds can be expended.
(2) Procedures for purposes of paragraph (1) shall be jointly
agreed upon by the congressional intelligence committees and,
as appropriate, the Director of National Intelligence or the
Secretary of Defense.
(e) As used in this section--
(1) the term ``intelligence agency'' means any
department, agency, or other entity of the United
States involved in intelligence or intelligence-related
activities;
(2) the term ``appropriate congressional committees''
means the Permanent Select Committee on Intelligence
and the Committee on Appropriations of the House of
Representatives and the Select Committee on
Intelligence and the Committee on Appropriations of the
Senate; and
(3) the term ``specifically authorized by the
Congress'' means that--
(A) the activity and the amount of funds
proposed to be used for that activity were
identified in a formal budget request to the
Congress, but funds shall be deemed to be
specifically authorized for that activity only
to the extent that the Congress both authorized
the funds to be appropriated for that activity
and appropriated the funds for that activity;
or
(B) although the funds were not formally
requested, the Congress both specifically
authorized the appropriation of the funds for
the activity and appropriated the funds for the
activity.
* * * * * * *
reports on security clearances
Sec. 506H. (a) Report on Security Clearance Determinations.--
(1) Not later than February 1 of each year, the President shall
submit to Congress a report on the security clearance process.
Such report shall include, for each security clearance level--
(A) the number of employees of the United States
Government who--
(i) held a security clearance at such level
as of October 1 of the preceding year; and
(ii) were approved for a security clearance
at such level during the preceding fiscal year;
and
(B) the number of contractors to the United States
Government who--
(i) held a security clearance at such level
as of October 1 of the preceding year; and
(ii) were approved for a security clearance
at such level during the preceding fiscal
year[; and].
[(C) for each element of the intelligence community--
[(i) the total amount of time it took to
process the security clearance determination
for such level that--
[(I) was among the 80 percent of
security clearance determinations made
during the preceding fiscal year that
took the shortest amount of time to
complete; and
[(II) took the longest amount of time
to complete;
[(ii) the total amount of time it took to
process the security clearance determination
for such level that--
[(I) was among the 90 percent of
security clearance determinations made
during the preceding fiscal year that
took the shortest amount of time to
complete; and
[(II) took the longest amount of time
to complete;
[(iii) the number of pending security
clearance investigations for such level as of
October 1 of the preceding year that have
remained pending for--
[(I) 4 months or less;
[(II) between 4 months and 8 months;
[(III) between 8 months and one year;
and
[(IV) more than one year;
[(iv) the percentage of reviews during the
preceding fiscal year that resulted in a denial
or revocation of a security clearance;
[(v) the percentage of investigations during
the preceding fiscal year that resulted in
incomplete information;
[(vi) the percentage of investigations during
the preceding fiscal year that did not result
in enough information to make a decision on
potentially adverse information; and
[(vii) for security clearance determinations
completed or pending during the preceding
fiscal year that have taken longer than one
year to complete--
[(I) the number of security clearance
determinations for positions as
employees of the United States
Government that required more than one
year to complete;
[(II) the number of security
clearance determinations for
contractors that required more than one
year to complete;
[(III) the agencies that investigated
and adjudicated such determinations;
and
[(IV) the cause of significant delays
in such determinations.]
(2) For purposes of paragraph (1), the President may
consider--
(A) security clearances at the level of confidential
and secret as one security clearance level; and
(B) security clearances at the level of top secret or
higher as one security clearance level.
(b) Intelligence Community Reports.--(1) Not later than March
1 of each year, the Director of National Intelligence shall
submit to the congressional intelligence committees, the
Committee on Homeland Security and Governmental Affairs of the
Senate, and the Committee on Homeland Security of the House of
Representatives a report on the security clearances processed
by each element of the intelligence community during the
preceding fiscal year. Each such report shall separately
identify security clearances processed for Federal employees
and contractor employees sponsored by each such element.
(2) Each report submitted under paragraph (1) shall include
each of the following for each element of the intelligence
community for the fiscal year covered by the report:
(A) The total number of initial security clearance
background investigations sponsored for new applicants.
(B) The total number of security clearance periodic
reinvestigations sponsored for existing employees.
(C) The total number of initial security clearance
background investigations for new applicants that were
adjudicated with notice of a determination provided to
the prospective applicant, including--
(i) the total number that were adjudicated
favorably and granted access to classified
information; and
(ii) the total number that were adjudicated
unfavorably and resulted in a denial or
revocation of a security clearance.
(D) The total number of security clearance periodic
background investigations that were adjudicated with
notice of a determination provided to the existing
employee, including--
(i) the total number that were adjudicated
favorably; and
(ii) the total number that were adjudicated
unfavorably and resulted in a denial or
revocation of a security clearance.
(E) The total number of pending security clearance
background investigations, including initial applicant
investigations and periodic reinvestigations, that were
not adjudicated as of the last day of such year and
that remained pending as follows:
(i) For 180 days or less.
(ii) For 180 days or longer, but less than 12
months.
(iii) For 12 months or longer, but less than
18 months.
(iv) For 18 months or longer, but less than
24 months.
(v) For 24 months or longer.
(F) In the case of security clearance determinations
completed or pending during the year preceding the year
for which the report is submitted that have taken
longer than 12 months to complete--
(i) an explanation of the causes for the
delays incurred during the period covered by
the report; and
(ii) the number of such delays involving a
polygraph requirement.
(G) The percentage of security clearance
investigations, including initial and periodic
reinvestigations, that resulted in a denial or
revocation of a security clearance.
(H) The percentage of security clearance
investigations that resulted in incomplete information.
(I) The percentage of security clearance
investigations that did not result in enough
information to make a decision on potentially adverse
information.
(3) The report required under this subsection shall be
submitted in unclassified form, but may include a classified
annex.
[(b)] (c) Form.--The reports required under [subsection
(a)(1)] subsections (a)(1) and (b) shall be submitted in
unclassified form, but may include a classified annex.
* * * * * * *
TITLE XI--ADDITIONAL MISCELLANEOUS PROVISIONS
* * * * * * *
SEC. 1105. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED
DISCLOSURES OF CLASSIFIED INFORMATION.
(a) Intelligence Community Reporting.--
(1) In general.--Not less frequently than once every
6 months, each covered official shall submit to the
congressional intelligence committees a report on
investigations of unauthorized public disclosures of
classified information.
(2) Elements.--Each report submitted under paragraph
(1) shall include, with respect to the preceding 6-
month period, the following:
(A) The number of investigations opened by
the covered official regarding an unauthorized
public disclosure of classified information.
(B) The number of investigations completed by
the covered official regarding an unauthorized
public disclosure of classified information.
(C) Of the number of such completed
investigations identified under subparagraph
(B), the number referred to the Attorney
General for criminal investigation.
(b) Department of Justice Reporting.--
(1) In general.--Not less frequently than once every
6 months, the Assistant Attorney General for National
Security of the Department of Justice, in consultation
with the Director of the Federal Bureau of
Investigation, shall submit to the congressional
intelligence committees, the Committee on the Judiciary
of the Senate, and the Committee on the Judiciary of
the House of Representatives a report on the status of
each referral made to the Department of Justice from
any element of the intelligence community regarding an
unauthorized disclosure of classified information made
during the most recent 365-day period or any referral
that has not yet been closed, regardless of the date
the referral was made.
(2) Contents.--Each report submitted under paragraph
(1) shall include, for each referral covered by the
report, at a minimum, the following:
(A) The date the referral was received.
(B) A statement indicating whether the
alleged unauthorized disclosure described in
the referral was substantiated by the
Department of Justice.
(C) A statement indicating the highest level
of classification of the information that was
revealed in the unauthorized disclosure.
(D) A statement indicating whether an open
criminal investigation related to the referral
is active.
(E) A statement indicating whether any
criminal charges have been filed related to the
referral.
(F) A statement indicating whether the
Department of Justice has been able to
attribute the unauthorized disclosure to a
particular entity or individual.
(c) Form of Reports.--Each report submitted under this
section shall be submitted in unclassified form, but may have a
classified annex.
(d) Definitions.--In this section:
(1) Covered official.--The term ``covered official''
means--
(A) the heads of each element of the
intelligence community; and
(B) the inspectors general with oversight
responsibility for an element of the
intelligence community.
(2) Investigation.--The term ``investigation'' means
any inquiry, whether formal or informal, into the
existence of an unauthorized public disclosure of
classified information.
(3) Unauthorized disclosure of classified
information.--The term ``unauthorized disclosure of
classified information'' means any unauthorized
disclosure of classified information to any recipient.
(4) Unauthorized public disclosure of classified
information.--The term ``unauthorized public disclosure
of classified information'' means the unauthorized
disclosure of classified information to a journalist or
media organization.
----------
NATIONAL NUCLEAR SECURITY ADMINISTRATION ACT
* * * * * * *
TITLE XXXII--NATIONAL NUCLEAR SECURITY ADMINISTRATION
* * * * * * *
Subtitle A--Establishment and Organization
* * * * * * *
SEC. 3212. ADMINISTRATOR FOR NUCLEAR SECURITY.
(a) In General.--(1) There is at the head of the
Administration an Administrator for Nuclear Security (in this
title referred to as the ``Administrator'').
(2) Pursuant to subsection (c) of section 202 of the
Department of Energy Organization Act (42 U.S.C. 7132), the
Under Secretary for Nuclear Security of the Department of
Energy serves as the Administrator.
(b) Functions.--The Administrator has authority over, and is
responsible for, all programs and activities of the
Administration (except for the functions of the Deputy
Administrator for Naval Reactors specified in the Executive
order referred to in section 3216(b)), including the following:
(1) Strategic management.
(2) Policy development and guidance.
(3) Budget formulation, guidance, and execution, and
other financial matters.
(4) Resource requirements determination and
allocation.
(5) Program management and direction.
(6) Safeguards and security.
(7) Emergency management.
(8) Integrated safety management.
(9) Environment, safety, and health operations.
(10) Administration of contracts, including the
management and operations of the nuclear weapons
production facilities and the national security
laboratories.
[(11) Intelligence.
[(12) Counterintelligence.]
[(13)] (11) Personnel, including the selection,
appointment, distribution, supervision, establishing of
compensation, and separation of personnel in accordance
with subtitle C of this title.
[(14)] (12) Procurement of services of experts and
consultants in accordance with section 3109 of title 5,
United States Code.
[(15)] (13) Legal matters.
[(16)] (14) Legislative affairs.
[(17)] (15) Public affairs.
[(18)] (16) Eliminating inventories of surplus
fissile materials usable for nuclear weapons.
[(19)] (17) Liaison with other elements of the
Department of Energy and with other Federal agencies,
State, tribal, and local governments, and the public.
(c) Procurement Authority.--The Administrator is the senior
procurement executive for the Administration for the purposes
of section 1702(c) of title 41, United States Code.
(d) Policy Authority.--The Administrator may establish
Administration-specific policies, unless disapproved by the
Secretary of Energy.
(e) Membership on Joint Nuclear Weapons Council.--The
Administrator serves as a member of the Joint Nuclear Weapons
Council under section 179 of title 10, United States Code.
(f) Reorganization Authority.--Except as provided by
subsections (b) and (c) of section 3291:
(1) The Administrator may establish, abolish, alter,
consolidate, or discontinue any organizational unit or
component of the Administration, or transfer any
function of the Administration.
(2) Such authority does not apply to the abolition of
organizational units or components established by law
or the transfer of functions vested by law in any
organizational unit or component.
* * * * * * *
Subtitle B--Matters Relating to Security
* * * * * * *
SEC. 3233. COUNTERINTELLIGENCE PROGRAMS.
(a) National Security Laboratories and Nuclear Weapons
Production Facilities.--The Secretary of Energy shall, at each
national security laboratory and nuclear weapons production
facility, establish and maintain a counterintelligence program
adequate to protect national security information at that
laboratory or production facility.
(b) Other Facilities.--The Secretary of Energy shall, at each
[Administration] Department facility not described in
subsection (a) at which Restricted Data is located, assign an
employee of the Office of Intelligence and Counterintelligence
of the Department of Energy who shall be responsible for and
assess counterintelligence matters at that facility.
* * * * * * *
----------
ATOMIC ENERGY DEFENSE ACT
* * * * * * *
DIVISION D--ATOMIC ENERGY DEFENSE PROVISIONS
* * * * * * *
TITLE XLV--SAFEGUARDS AND SECURITY MATTERS
* * * * * * *
Subtitle B--Classified Information
* * * * * * *
SEC. 4524. PROTECTION OF CLASSIFIED INFORMATION DURING LABORATORY-TO-
LABORATORY EXCHANGES.
(a) Provision of Training.--The Secretary of Energy shall
ensure that all Department of Energy employees and Department
of Energy contractor employees participating in laboratory-to-
laboratory cooperative exchange activities are fully trained in
matters relating to the protection of classified information
and to potential espionage and counterintelligence threats.
(b) Countering of Espionage and Intelligence-Gathering
Abroad.--(1) The Secretary shall establish a pool of Department
employees and Department contractor employees who are specially
trained to counter threats of espionage and intelligence-
gathering by foreign nationals against Department employees and
Department contractor employees who travel abroad for
laboratory-to-laboratory exchange activities or other
cooperative exchange activities on behalf of the Department.
(2) The Director of Intelligence and Counterintelligence of
the Department of Energy may assign at least one employee from
the pool established under paragraph (1) to accompany a group
of Department employees or Department contractor employees who
travel to any nation designated to be a sensitive country for
laboratory-to-laboratory exchange activities or other
cooperative exchange activities on behalf of the Department.
* * * * * * *
----------
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2012
* * * * * * *
TITLE III
GENERAL PROVISIONS
* * * * * * *
SEC. 309. ENHANCED PROCUREMENT AUTHORITY TO MANAGE SUPPLY CHAIN RISK.
(a) Definitions.--In this section:
(1) Covered agency.--The term ``covered agency''
means any element of the intelligence community other
than an element within the Department of Defense.
(2) Covered item of supply.--The term ``covered item
of supply'' means an item of information technology (as
that term is defined in section 11101 of title 40,
United States Code) that is purchased for inclusion in
a covered system, and the loss of integrity of which
could result in a supply chain risk for a covered
system.
(3) Covered procurement.--The term ``covered
procurement'' means--
(A) a source selection for a covered system
or a covered item of supply involving either a
performance specification, as provided in
section 3306(a)(3)(B) of title 41, United
States Code, or an evaluation factor, as
provided in section 3306(b)(1) of such title,
relating to supply chain risk;
(B) the consideration of proposals for and
issuance of a task or delivery order for a
covered system or a covered item of supply, as
provided in section 4106(d)(3) of title 41,
United States Code, where the task or delivery
order contract concerned includes a contract
clause establishing a requirement relating to
supply chain risk; or
(C) any contract action involving a contract
for a covered system or a covered item of
supply where such contract includes a clause
establishing requirements relating to supply
chain risk.
(4) Covered procurement action.--The term ``covered
procurement action'' means any of the following
actions, if the action takes place in the course of
conducting a covered procurement:
(A) The exclusion of a source that fails to
meet qualifications standards established in
accordance with the requirements of section
3311 of title 41, United States Code, for the
purpose of reducing supply chain risk in the
acquisition of covered systems.
(B) The exclusion of a source that fails to
achieve an acceptable rating with regard to an
evaluation factor providing for the
consideration of supply chain risk in the
evaluation of proposals for the award of a
contract or the issuance of a task or delivery
order.
(C) The decision to withhold consent for a
contractor to subcontract with a particular
source or to direct a contractor for a covered
system to exclude a particular source from
consideration for a subcontract under the
contract.
(5) Covered system.--The term ``covered system''
means a national security system, as that term is
defined in section 3542(b) of title 44, United States
Code.
(6) Supply chain risk.--The term ``supply chain
risk'' means the risk that an adversary may sabotage,
maliciously introduce unwanted function, or otherwise
subvert the design, integrity, manufacturing,
production, distribution, installation, operation, or
maintenance of a covered system so as to surveil, deny,
disrupt, or otherwise degrade the function, use, or
operation of such system.
(b) Authority.--Subject to subsection (c) and in consultation
with the Director of National Intelligence, the head of a
covered agency may, in conducting intelligence and
intelligence-related activities--
(1) carry out a covered procurement action; and
(2) limit, notwithstanding any other provision of
law, in whole or in part, the disclosure of information
relating to the basis for carrying out a covered
procurement action.
(c) Determination and Notification.--The head of a covered
agency may exercise the authority provided in subsection (b)
only after--
(1) any appropriate consultation with procurement or
other relevant officials of the covered agency;
(2) making a determination in writing, which may be
in classified form, that--
(A) use of the authority in subsection (b)(1)
is necessary to protect national security by
reducing supply chain risk;
(B) less intrusive measures are not
reasonably available to reduce such supply
chain risk; and
(C) in a case where the head of the covered
agency plans to limit disclosure of information
under subsection (b)(2), the risk to national
security due to the disclosure of such
information outweighs the risk due to not
disclosing such information;
(3) notifying the Director of National Intelligence
that there is a significant supply chain risk to the
covered system concerned, unless the head of the
covered agency making the determination is the Director
of National Intelligence; and
(4) providing a notice, which may be in classified
form, of the determination made under paragraph (2) to
the congressional intelligence committees that includes
a summary of the basis for the determination, including
a discussion of less intrusive measures that were
considered and why they were not reasonably available
to reduce supply chain risk.
(d) Delegation.--The head of a covered agency may not
delegate the authority provided in subsection (b) or the
responsibility to make a determination under subsection (c) to
an official below the level of the service acquisition
executive for the agency concerned.
(e) Savings.--The authority under this section is in addition
to any other authority under any other provision of law. The
authority under this section shall not be construed to alter or
effect the exercise of any other provision of law.
(f) Effective Date.--The requirements of this section shall
take effect on the date that is 180 days after the date of the
enactment of this Act and shall apply to contracts that are
awarded on or after such date.
[(g) Sunset.--The authority provided in this section shall
expire on the date that section 806 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011 (Public Law 111-
383; 10 U.S.C. 2304 note) expires.]
* * * * * * *
----------
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2005
* * * * * * *
TITLE VI--EDUCATION
* * * * * * *
Subtitle B--Improvement in Intelligence Community Foreign Language
Skills
SEC. 611. FOREIGN LANGUAGE PROFICIENCY FOR CERTAIN SENIOR LEVEL
POSITIONS IN THE CENTRAL INTELLIGENCE AGENCY.
(a) In General.--Section 104A of the National Security Act of
1947, amended by section 1011(a) of the National Security
Intelligence Reform Act of 2004, is further amended by adding
at the end the following new subsection:
``(g) Foreign Language Proficiency for Certain Senior Level
Positions in Central Intelligence Agency.--(1) Except as
provided pursuant to paragraph (2), an individual may not be
appointed to a position in the Senior Intelligence Service in
the Directorate of Intelligence or the Directorate of
Operations of the Central Intelligence Agency unless the
Director of the Central Intelligence Agency determines that the
individual--
``(A) has been certified as having a
professional speaking and reading proficiency
in a foreign language, such proficiency being
at least level 3 on the Interagency Language
Roundtable Language Skills Level or
commensurate proficiency level using such other
indicator of proficiency as the Director of the
Central Intelligence Agency considers
appropriate; and
``(B) is able to effectively communicate the
priorities of the United States and exercise
influence in that foreign language.
``(2) The Director of the Central Intelligence Agency
may, in the discretion of the Director, waive the
application of paragraph (1) to any position or
category of positions otherwise covered by that
paragraph if the Director determines that foreign
language proficiency is not necessary for the
successful performance of the duties and
responsibilities of such position or category of
positions.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to appointments made on or after the
date that is one year after the date of the enactment of this
Act.
[(c) Report on Waivers.--The Director of the Central
Intelligence Agency shall submit to Congress a report that
identifies positions within the Senior Intelligence Service in
the Directorate of Intelligence or the Directorate of
Operations of the Central Intelligence Agency that are
determined by the Director to require waiver from the
requirements of section 104A(g) of the National Security Act of
1947, as added by subsection (a). The report shall include a
rationale for any waiver granted under section 104A(g)(2), as
so added, for each position or category of positions so
identified.]
* * * * * * *
----------
DEPARTMENT OF ENERGY ORGANIZATION ACT
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Department of Energy Organization
Act''.
TABLE OF CONTENTS
Sec. 2. Definitions.
* * * * * * *
TITLE II--ESTABLISHMENT OF THE DEPARTMENT
* * * * * * *
[Sec. 215. Office of Counterintelligence.
[Sec. 216. Office of Intelligence.]
215. Office of Intelligence and Counterintelligence.
Sec. 217. Office of Indian Energy Policy and Programs.
* * * * * * *
TITLE II--ESTABLISHMENT OF THE DEPARTMENT
* * * * * * *
establishment of security, counterintelligence, and intelligence
policies
Sec. 214. (a) The Secretary shall be responsible for
developing and promulgating the security, counterintelligence,
and intelligence policies of the Department. The Secretary may
use the immediate staff of the Secretary to assist in
developing and promulgating those policies.
[(b)(1) There is within the Department an Intelligence
Executive Committee. The Committee shall consist of the Deputy
Secretary of Energy, who shall chair the Committee, and each
Under Secretary of Energy.
[(2) The Committee shall be staffed by the Director
of the Office of Intelligence and the Director of the
Office of Counterintelligence.
[(3) The Secretary shall use the Committee to assist
in developing and promulgating the counterintelligence
and intelligence policies, requirements, and priorities
of the Department.
[(c) In the budget justification materials submitted to
Congress in support of each budget submitted by the President
to Congress under title 31, United States Code, the amounts
requested for the Department for intelligence functions and the
amounts requested for the Department for counterintelligence
functions shall each be specified in appropriately classified
individual, dedicated program elements. Within the amounts
requested for counterintelligence functions, the amounts
requested for the National Nuclear Security Administration
shall be specified separately from the amounts requested for
other elements of the Department.]
[office of counterintelligence
[Sec. 215. (a) There is within the Department an Office of
Counterintelligence.
[(b)(1) The head of the Office shall be the Director of the
Office of Counterintelligence, who shall be an employee in the
Senior Executive Service, the Senior Intelligence Service, the
Senior National Intelligence Service, or any other Service that
the Secretary, in coordination with the Director of National
Intelligence, considers appropriate. The Director of the Office
shall report directly to the Secretary.
[(2) The Secretary shall select the Director of the Office
from among individuals who have substantial expertise in
matters relating to counterintelligence.
[(3) The Director of the Federal Bureau of Investigation may
detail, on a reimbursable basis, any employee of the Bureau to
the Department for service as Director of the Office. The
service of an employee of the Bureau as Director of the Office
shall not result in any loss of status, right, or privilege by
the employee within the Bureau.
[(c)(1) The Director of the Office shall be responsible for
establishing policy for counterintelligence programs and
activities at Department facilities in order to reduce the
threat of disclosure or loss of classified and other sensitive
information at such facilities.
[(2) The Director of the Office shall be responsible for
establishing policy for the personnel assurance programs of the
Department.
[(3) The Director shall inform the Secretary, the Director of
Central Intelligence, and the Director of the Federal Bureau of
Investigation on a regular basis, and upon specific request by
any such official, regarding the status and effectiveness of
the counterintelligence programs and activities at Department
facilities.
[(d)(1) Not later than March 1 each year, the Director of the
Office shall submit a report on the status and effectiveness of
the counterintelligence programs and activities at each
Department facility during the preceding year. Each such report
shall be submitted to the following:
[(A) The Secretary.
[(B) The Director of Central Intelligence.
[(C) The Director of the Federal Bureau of
Investigation.
[(D) The Committee on Armed Services and the
Permanent Select Committee on Intelligence of the House
of Representatives.
[(E) The Committee on Armed Services and the Select
Committee on Intelligence of the Senate.
[(2) Each such report shall include for the year covered by
the report the following:
[(A) A description of the status and effectiveness of
the counterintelligence programs and activities at
Department facilities.
[(B) A description of any violation of law or other
requirement relating to intelligence,
counterintelligence, or security at such facilities,
including--
[(i) the number of violations that were
investigated; and
[(ii) the number of violations that remain
unresolved.
[(C) A description of the number of foreign visitors
to Department facilities, including the locations of
the visits of such visitors.
[(D) The adequacy of the Department's procedures and
policies for protecting national security information,
making such recommendations to Congress as may be
appropriate.
[(E) A determination of whether each Department of
Energy national laboratory is in full compliance with
all departmental security requirements and, in the case
of any such laboratory that is not, what measures are
being taken to bring that laboratory into compliance.
[(3) Not less than 30 days before the date that the report
required by paragraph (1) is submitted, the director of each
Department of Energy national laboratory shall certify in
writing to the Director of the Office whether that laboratory
is in full compliance with all departmental security
requirements and, if not, what measures are being taken to
bring that laboratory into compliance and a schedule for
implementing those measures.
[(4) Each report under this subsection as submitted to the
committees referred to in subparagraphs (D) and (E) of
paragraph (1) shall be submitted in unclassified form, but may
include a classified annex.]
OFFICE OF INTELLIGENCE AND COUNTERINTELLIGENCE
Sec. 215.
(a) In General.--There is in the Department an Office of
Intelligence and Counterintelligence. Such office shall be
under the National Intelligence Program.
(b) Director.--(1) The head of the Office shall be the
Director of the Office of Intelligence and Counterintelligence,
who shall be an employee in the Senior Executive Service, the
Senior Intelligence Service, the Senior National Intelligence
Service, or any other Service that the Secretary, in
coordination with the Director of National Intelligence,
considers appropriate. The Director of the Office shall report
directly to the Secretary.
(2) The Secretary shall select an individual to serve as the
Director from among individuals who have substantial expertise
in matters relating to the intelligence community, including
foreign intelligence and counterintelligence.
(c) Duties.--(1) Subject to the authority, direction, and
control of the Secretary, the Director shall perform such
duties and exercise such powers as the Secretary may prescribe.
(2) The Director shall be responsible for establishing policy
for intelligence and counterintelligence programs and
activities at the Department.
(d) Energy Infrastructure Security Center.--(1)(A) The
President shall establish an Energy Infrastructure Security
Center, taking into account all appropriate government tools to
analyze and disseminate intelligence relating to the security
of the energy infrastructure of the United States.
(B) The Secretary shall appoint the head of the Energy
Infrastructure Security Center.
(C) The Energy Infrastructure Security Center shall be
located within the Office of Intelligence and
Counterintelligence.
(2) In establishing the Energy Infrastructure Security
Center, the Director of the Office of Intelligence and
Counterintelligence shall address the following missions and
objectives to coordinate and disseminate intelligence relating
to the security of the energy infrastructure of the United
States:
(A) Establishing a primary organization within the
United States Government for analyzing and integrating
all intelligence possessed or acquired by the United
States pertaining to the security of the energy
infrastructure of the United States.
(B) Ensuring that appropriate departments and
agencies have full access to and receive intelligence
support needed to execute the plans or activities of
the agencies, and perform independent, alternative
analyses.
(C) Establishing a central repository on known and
suspected foreign threats to the energy infrastructure
of the United States, including with respect to any
individuals, groups, or entities engaged in activities
targeting such infrastructure, and the goals,
strategies, capabilities, and networks of such
individuals, groups, or entities.
(D) Disseminating intelligence information relating
to the security of the energy infrastructure of the
United States, including threats and analyses, to the
President, to the appropriate departments and agencies,
and to the appropriate committees of Congress.
(3) The President may waive the requirements of this
subsection, and any parts thereof, if the President determines
that such requirements do not materially improve the ability of
the United States Government to prevent and halt attacks
against the energy infrastructure of the United States. Such
waiver shall be made in writing to Congress and shall include a
description of how the missions and objectives in paragraph (2)
are being met.
(4) If the President decides not to exercise the waiver
authority granted by paragraph (3), the President shall submit
to Congress from time to time updates and plans regarding the
establishment of an Energy Infrastructure Security Center.
(e) Definitions.--In this section, the terms ``intelligence
community'' and ``National Intelligence Program'' have the
meanings given such terms in section 3 of the National Security
Act of 1947 (50 U.S.C. 3003).
[office of intelligence
[Sec. 216. (a) There is within the Department an Office of
Intelligence.
[(b)(1) The head of the Office shall be the Director of the
Office of Intelligence, who shall be an employee in the Senior
Executive Service, the Senior Intelligence Service, the Senior
National Intelligence Service, or any other Service that the
Secretary, in coordination with the Director of National
Intelligence, considers appropriate. The Director of the Office
shall report directly to the Secretary.
[(2) The Secretary shall select the Director of the Office
from among individuals who have substantial expertise in
matters relating to foreign intelligence.
[(c) Subject to the authority, direction, and control of the
Secretary, the Director of the Office shall perform such duties
and exercise such powers as the Secretary may prescribe.]
* * * * * * *
----------
PUBLIC INTEREST DECLASSIFICATION ACT OF 2000
* * * * * * *
TITLE VII--DECLASSIFICATION OF INFORMATION
* * * * * * *
SEC. 710. EFFECTIVE DATE; SUNSET.
(a) Effective Date.--This title shall take effect on the date
that is 120 days after the date of the enactment of this Act.
(b) Sunset.--The provisions of this title shall expire on
December 31, [2018] 2028.
* * * * * * *
----------
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2010
* * * * * * *
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
* * * * * * *
Subtitle E--Other Matters
* * * * * * *
[SEC. 368. CORRECTING LONG-STANDING MATERIAL WEAKNESSES.
[(a) Definitions.--In this section:
[(1) Covered element of the intelligence community.--
The term ``covered element of the intelligence
community'' means--
[(A) the Central Intelligence Agency;
[(B) the Defense Intelligence Agency;
[(C) the National Geospatial-Intelligence
Agency;
[(D) the National Reconnaissance Office; or
[(E) the National Security Agency.
[(2) Independent auditor.--The term ``independent
auditor'' means an individual who--
[(A)(i) is a Federal, State, or local
government auditor who meets the independence
standards included in generally accepted
government auditing standards; or
[(ii) is a public accountant who
meets such independence standards; and
[(B) is designated as an auditor by the
Director of National Intelligence or the head
of a covered element of the intelligence
community, as appropriate.
[(3) Independent review.--The term ``independent
review'' means an audit, attestation, or examination
conducted by an independent auditor in accordance with
generally accepted government auditing standards.
[(4) Long-standing, correctable material weakness.--
The term ``long-standing, correctable material
weakness'' means a material weakness--
[(A) that was first reported in the annual
financial report of a covered element of the
intelligence community for a fiscal year prior
to fiscal year 2007; and
[(B) the correction of which is not
substantially dependent on a business system
that was not implemented prior to the end of
fiscal year 2010.
[(5) Material weakness.--The term ``material
weakness'' has the meaning given that term under the
Office of Management and Budget Circular A-123,
entitled ``Management's Responsibility for Internal
Control,'' revised December 21, 2004.
[(6) Senior intelligence management official.--The
term ``senior intelligence management official'' means
an official within a covered element of the
intelligence community who is--
[(A)(i) compensated under the Senior
Intelligence Service pay scale; or
[(ii) the head of a covered element
of the intelligence community; and
[(B) compensated for employment with funds
appropriated pursuant to an authorization of
appropriations in this Act.
[(b) Identification of Senior Intelligence Management
Officials.--
[(1) Requirement to identify.--Not later than 30 days
after the date of the enactment of this Act, the head
of a covered element of the intelligence community
shall designate a senior intelligence management
official of such element to be responsible for
correcting each long-standing, correctable material
weakness of such element.
[(2) Head of a covered element of the intelligence
community.--The head of a covered element of the
intelligence community may designate himself or herself
as the senior intelligence management official
responsible for correcting a long-standing, correctable
material weakness under paragraph (1).
[(3) Requirement to update designation.--If the head
of a covered element of the intelligence community
determines that a senior intelligence management
official designated under paragraph (1) is no longer
responsible for correcting a long-standing, correctable
material weakness, the head of such element shall
designate the successor to such official not later than
10 days after the date of such determination.
[(c) Notification.--Not later than 10 days after the date on
which the head of a covered element of the intelligence
community has designated a senior intelligence management
official pursuant to paragraph (1) or (3) of subsection (b),
the head of such element shall provide written notification of
such designation to the Director of National Intelligence and
to such senior intelligence management official.
[(d) Correction of Long-Standing, Material Weakness.--
[(1) Determination of correction of deficiency.--If a
long-standing, correctable material weakness is
corrected, the senior intelligence management official
who is responsible for correcting such long-standing,
correctable material weakness shall make and issue a
determination of the correction.
[(2) Basis for determination.--The determination of
the senior intelligence management official under
paragraph (1) shall be based on the findings of an
independent review.
[(3) Notification and submission of findings.--A
senior intelligence management official who makes a
determination under paragraph (1) shall--
[(A) notify the head of the appropriate
covered element of the intelligence community
of such determination at the time the
determination is made; and
[(B) ensure that the independent auditor
whose findings are the basis of a determination
under paragraph (1) submits to the head of the
covered element of the intelligence community
and the Director of National Intelligence the
findings that such determination is based on
not later than 5 days after the date on which
such determination is made.
[(e) Congressional Oversight.--The head of a covered element
of the intelligence community shall notify the congressional
intelligence committees not later than 30 days after the date--
[(1) on which a senior intelligence management
official is designated under paragraph (1) or (3) of
subsection (b) and notified under subsection (c); or
[(2) of the correction of a long-standing,
correctable material weakness, as verified by an
independent auditor under subsection (d)(2).]
* * * * * * *
----------
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2017
DIVISION N--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2017
* * * * * * *
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
* * * * * * *
SEC. 308. GUIDANCE AND REPORTING REQUIREMENT REGARDING THE INTERACTIONS
BETWEEN THE INTELLIGENCE COMMUNITY AND
ENTERTAINMENT INDUSTRY.
(a) Definitions.--In this section:
(1) Engagement.--The term ``engagement''--
(A) means any significant interaction between
an element of the intelligence community and an
entertainment industry entity for the purposes
of contributing to an entertainment product
intended to be heard, read, viewed, or
otherwise experienced by the public; and
(B) does not include routine inquiries made
by the press or news media to the public
affairs office of an intelligence community.
(2) Entertainment industry entity.--The term
``entertainment industry entity'' means an entity that
creates, produces, promotes, or distributes a work of
entertainment intended to be heard, read, viewed, or
otherwise experienced by an audience, including--
(A) theater productions, motion pictures,
radio broadcasts, television broadcasts,
podcasts, webcasts, other sound or visual
recording, music, or dance;
(B) books and other published material; and
(C) such other entertainment activity, as
determined by the Director of National
Intelligence.
(b) Director of National Intelligence Guidance.--
(1) In general.--Not later than 180 days after the
date of the enactment of this Act, the Director of
National Intelligence shall issue, and release to the
public, guidance regarding engagements by elements of
the intelligence community with entertainment industry
entities.
(2) Criteria.--The guidance required by paragraph (1)
shall--
(A) permit an element of the intelligence
community to conduct engagements, if the head
of the element, or a designee of such head,
provides prior approval; and
(B) require an unclassified annual report to
the congressional intelligence committees
regarding engagements.
[(c) Annual Report.--Each report required by subsection
(b)(2)(B) shall include the following:
[(1) A description of the nature and duration of each
engagement included in the review.
[(2) The cost incurred by the United States
Government for each such engagement.
[(3) A description of the benefits to the United
States Government for each such engagement.
[(4) A determination of whether any information was
declassified, and whether any classified information
was improperly disclosed, or each such engagement.
[(5) A description of the work produced through each
such engagement.]
* * * * * * *
TITLE VI--REPORTS AND OTHER MATTERS
[SEC. 601. DECLASSIFICATION REVIEW WITH RESPECT TO DETAINEES
TRANSFERRED FROM UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.
[(a) In general.--For each individual detained at United
States Naval Station, Guantanamo Bay, Cuba, who was transferred
or released from United States Naval Station, Guantanamo Bay,
Cuba, the Director of National Intelligence shall--
[(1)(A) complete a declassification review of
intelligence reports regarding past terrorist
activities of that individual prepared by the National
Counterterrorism Center for the individual's Periodic
Review Board sessions, transfer, or release; or
[(B) if the individual's transfer or release
occurred prior to the date on which the
National Counterterrorism Center first began to
prepare such reports regarding detainees, such
other intelligence report or reports that
contain the same or similar information
regarding the individual's past terrorist
activities;
[(2) make available to the public--
[(A) any intelligence reports declassified as
a result of the declassification review; and
[(B) with respect to each individual
transferred or released, for whom intelligence
reports are declassified as a result of the
declassification review, an unclassified
summary which shall be prepared by the
President of measures being taken by the
country to which the individual was transferred
or released to monitor the individual and to
prevent the individual from carrying out future
terrorist activities; and
[(3) submit to the congressional intelligence
committees a report setting out the results of the
declassification review, including a description of
intelligence reports covered by the review that were
not declassified.
[(b) Schedule.--
[(1) Transfer or release prior to enactment.--Not
later than 210 days after the date of the enactment of
this Act, the Director of National Intelligence shall
submit the report required by subsection (a)(3), which
shall include the results of the declassification
review completed for each individual detained at United
States Naval Station, Guantanamo Bay, Cuba, who was
transferred or released from United States Naval
Station, Guantanamo Bay, prior to the date of the
enactment of this Act.
[(2) Transfer or release after enactment.--Not later
than 120 days after the date an individual detained at
United States Naval Station, Guantanamo Bay, on or
after the date of the enactment of this Act is
transferred or released from United States Naval
Station, Guantanamo Bay, the Director shall submit the
report required by subsection (a)(3) for such
individual.
[(c) Past Terrorist Activities.--For purposes of this
section, the past terrorist activities of an individual shall
include all terrorist activities conducted by the individual
before the individual's transfer to the detention facility at
United States Naval Station, Guantanamo Bay, including, at a
minimum, the following:
[(1) The terrorist organization, if any, with which
affiliated.
[(2) The terrorist training, if any, received.
[(3) The role in past terrorist attacks against
United States interests or allies.
[(4) The direct responsibility, if any, for the death
of United States citizens or members of the Armed
Forces.
[(5) Any admission of any matter specified in
paragraphs (1) through (4).
[(6) A description of the intelligence supporting any
matter specified in paragraphs (1) through (5),
including the extent to which such intelligence was
corroborated, the level of confidence held by the
intelligence community, and any dissent or reassessment
by an element of the intelligence community.]
* * * * * * *
----------
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE II--INFORMATION ANALYSIS AND INFRASTRUCTURE PROTECTION
Subtitle A--Information and Analysis and Infrastructure Protection;
Access to Information
* * * * * * *
SEC. 210D. INTERAGENCY THREAT ASSESSMENT AND COORDINATION GROUP.
(a) In General.--To improve the sharing of information within
the scope of the information sharing environment established
under section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485) with State, local,
tribal, and private sector officials, the Director of National
Intelligence, through the program manager for the information
sharing environment, in coordination with the Secretary, shall
coordinate and oversee the creation of an Interagency Threat
Assessment and Coordination Group (referred to in this section
as the ``ITACG'').
(b) Composition of ITACG.--The ITACG shall consist of--
(1) an ITACG Advisory Council to set policy and
develop processes for the integration, analysis, and
dissemination of federally-coordinated information
within the scope of the information sharing
environment, including homeland security information,
terrorism information, and weapons of mass destruction
information; and
(2) an ITACG Detail comprised of State, local, and
tribal homeland security and law enforcement officers
and intelligence analysts detailed to work in the
National Counterterrorism Center with Federal
intelligence analysts for the purpose of integrating,
analyzing, and assisting in the dissemination of
federally-coordinated information within the scope of
the information sharing environment, including homeland
security information, terrorism information, and
weapons of mass destruction information, through
appropriate channels identified by the ITACG Advisory
Council.
[(c) Responsibilities of Program Manager.--The program
manager shall--
[(1) monitor and assess the efficacy of the ITACG;
[(2) not later than 180 days after the date of the
enactment of the Implementing Recommendations of the 9/
11 Commission Act of 2007, and at least annually
thereafter, submit to the Secretary, the Attorney
General, the Director of National Intelligence, the
Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of
the House of Representatives a report on the progress
of the ITACG; and
[(3) in each report required by paragraph (2)
submitted after the date of the enactment of the
Reducing Over-Classification Act, include an assessment
of whether the detailees under subsection (d)(5) have
appropriate access to all relevant information, as
required by subsection (g)(2)(C).]
[(d)] (c) Responsibilities of Secretary.--The Secretary, or
the Secretary's designee, in coordination with the Director of
the National Counterterrorism Center and the ITACG Advisory
Council, shall--
(1) create policies and standards for the creation of
information products derived from information within
the scope of the information sharing environment,
including homeland security information, terrorism
information, and weapons of mass destruction
information, that are suitable for dissemination to
State, local, and tribal governments and the private
sector;
(2) evaluate and develop processes for the timely
dissemination of federally-coordinated information
within the scope of the information sharing
environment, including homeland security information,
terrorism information, and weapons of mass destruction
information, to State, local, and tribal governments
and the private sector;
(3) establish criteria and a methodology for
indicating to State, local, and tribal governments and
the private sector the reliability of information
within the scope of the information sharing
environment, including homeland security information,
terrorism information, and weapons of mass destruction
information, disseminated to them;
(4) educate the intelligence community about the
requirements of the State, local, and tribal homeland
security, law enforcement, and other emergency response
providers regarding information within the scope of the
information sharing environment, including homeland
security information, terrorism information, and
weapons of mass destruction information;
(5) establish and maintain the ITACG Detail, which
shall assign an appropriate number of State, local, and
tribal homeland security and law enforcement officers
and intelligence analysts to work in the National
Counterterrorism Center who shall--
(A) educate and advise National
Counterterrorism Center intelligence analysts
about the requirements of the State, local, and
tribal homeland security and law enforcement
officers, and other emergency response
providers regarding information within the
scope of the information sharing environment,
including homeland security information,
terrorism information, and weapons of mass
destruction information;
(B) assist National Counterterrorism Center
intelligence analysts in integrating,
analyzing, and otherwise preparing versions of
products derived from information within the
scope of the information sharing environment,
including homeland security information,
terrorism information, and weapons of mass
destruction information that are unclassified
or classified at the lowest possible level and
suitable for dissemination to State, local, and
tribal homeland security and law enforcement
agencies in order to help deter and prevent
terrorist attacks;
(C) implement, in coordination with National
Counterterrorism Center intelligence analysts,
the policies, processes, procedures, standards,
and guidelines developed by the ITACG Advisory
Council;
(D) assist in the dissemination of products
derived from information within the scope of
the information sharing environment, including
homeland security information, terrorism
information, and weapons of mass destruction
information, to State, local, and tribal
jurisdictions only through appropriate channels
identified by the ITACG Advisory Council;
(E) make recommendations, as appropriate, to
the Secretary or the Secretary's designee, for
the further dissemination of intelligence
products that could likely inform or improve
the security of a State, local, or tribal
government, (including a State, local, or
tribal law enforcement agency) or a private
sector entity; and
(F) report directly to the senior
intelligence official from the Department under
paragraph (6);
(6) detail a senior intelligence official from the
Department of Homeland Security to the National
Counterterrorism Center, who shall--
(A) manage the day-to-day operations of the
ITACG Detail;
(B) report directly to the Director of the
National Counterterrorism Center or the
Director's designee; and
(C) in coordination with the Director of the
Federal Bureau of Investigation, and subject to
the approval of the Director of the National
Counterterrorism Center, select a deputy from
the pool of available detailees from the
Federal Bureau of Investigation in the National
Counterterrorism Center;
(7) establish, within the ITACG Advisory Council, a
mechanism to select law enforcement officers and
intelligence analysts for placement in the National
Counterterrorism Center consistent with paragraph (5),
using criteria developed by the ITACG Advisory Council
that shall encourage participation from a broadly
representative group of State, local, and tribal
homeland security and law enforcement agencies; and
(8) compile an annual assessment of the ITACG
Detail's performance, including summaries of customer
feedback, in preparing, disseminating, and requesting
the dissemination of intelligence products intended for
State, local and tribal government (including State,
local, and tribal law enforcement agencies) and private
sector entities[; and].
[(9) provide the assessment developed pursuant to
paragraph (8) to the program manager for use in the
annual reports required by subsection (c)(2).]
[(e)] (d) Membership.--The Secretary, or the Secretary's
designee, shall serve as the chair of the ITACG Advisory
Council, which shall include--
(1) representatives of--
(A) the Department;
(B) the Federal Bureau of Investigation;
(C) the National Counterterrorism Center;
(D) the Department of Defense;
(E) the Department of Energy;
(F) the Department of State; and
(G) other Federal entities as appropriate;
(2) the program manager of the information sharing
environment, designated under section 1016(f) of the
Intelligence Reform and Terrorism Prevention Act of
2004 (6 U.S.C. 485(f)), or the program manager's
designee; and
(3) executive level law enforcement and intelligence
officials from State, local, and tribal governments.
[(f)] (e) Criteria.--The Secretary, in consultation with the
Director of National Intelligence, the Attorney General, and
the program manager of the information sharing environment
established under section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485), shall--
(1) establish procedures for selecting members of the
ITACG Advisory Council and for the proper handling and
safeguarding of products derived from information
within the scope of the information sharing
environment, including homeland security information,
terrorism information, and weapons of mass destruction
information, by those members; and
(2) ensure that at least 50 percent of the members of
the ITACG Advisory Council are from State, local, and
tribal governments.
[(g)] (f) Operations.--
(1) In general.--Beginning not later than 90 days
after the date of enactment of the Implementing
Recommendations of the 9/11 Commission Act of 2007, the
ITACG Advisory Council shall meet regularly, but not
less than quarterly, at the facilities of the National
Counterterrorism Center of the Office of the Director
of National Intelligence.
(2) Management.--Pursuant to section 119(f)(E) of the
National Security Act of 1947 (50 U.S.C. 404o(f)(E)),
the Director of the National Counterterrorism Center,
acting through the senior intelligence official from
the Department of Homeland Security detailed pursuant
to subsection (d)(6), shall ensure that--
(A) the products derived from information
within the scope of the information sharing
environment, including homeland security
information, terrorism information, and weapons
of mass destruction information, prepared by
the National Counterterrorism Center and the
ITACG Detail for distribution to State, local,
and tribal homeland security and law
enforcement agencies reflect the requirements
of such agencies and are produced consistently
with the policies, processes, procedures,
standards, and guidelines established by the
ITACG Advisory Council;
(B) in consultation with the ITACG Advisory
Council and consistent with sections
102A(f)(1)(B)(iii) and 119(f)(E) of the
National Security Act of 1947 (50 U.S.C. 402 et
seq.), all products described in subparagraph
(A) are disseminated through existing channels
of the Department and the Department of Justice
and other appropriate channels to State, local,
and tribal government officials and other
entities;
(C) all detailees under subsection (d)(5)
have appropriate access to all relevant
information within the scope of the information
sharing environment, including homeland
security information, terrorism information,
and weapons of mass destruction information,
available at the National Counterterrorism
Center in order to accomplish the objectives
under that paragraph;
(D) all detailees under subsection (d)(5)
have the appropriate security clearances and
are trained in the procedures for handling,
processing, storing, and disseminating
classified products derived from information
within the scope of the information sharing
environment, including homeland security
information, terrorism information, and weapons
of mass destruction information; and
(E) all detailees under subsection (d)(5)
complete appropriate privacy and civil
liberties training.
[(h)] (g) Inapplicability of the Federal Advisory Committee
Act.--The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the ITACG or any subsidiary groups thereof.
[(i)] (h) Authorization of Appropriations.--There are
authorized to be appropriated such sums as may be necessary for
each of fiscal years 2008 through 2012 to carry out this
section, including to obtain security clearances for the State,
local, and tribal participants in the ITACG.
* * * * * * *
----------
INSPECTOR GENERAL ACT OF 1978
* * * * * * *
Sec. 8H. (a)(1)(A) An employee of the Defense Intelligence
Agency, the National Geospatial-Intelligence Agency, the
National Reconnaissance Office, or the National Security
Agency, or of a contractor of any of those Agencies, who
intends to report to Congress a complaint or information with
respect to an urgent concern may report the complaint or
information to the Inspector General of the Department of
Defense (or designee).
(B) An employee of an element of the intelligence community,
an employee assigned or detailed to an element of the
intelligence community, or an employee of a contractor to the
intelligence community, who intends to report to Congress a
complaint or information with respect to an urgent concern may
report such complaint or information to the Inspector General
of the Intelligence Community.
(C) An employee of the Federal Bureau of Investigation, or of
a contractor of the Bureau, who intends to report to Congress a
complaint or information with respect to an urgent concern may
report the complaint or information to the Inspector General of
the Department of Justice (or designee).
(D) Any other employee of, or contractor to, an executive
agency, or element or unit thereof, determined by the President
under section 2302(a)(2)(C)(ii) of title 5, United States Code,
to have as its principal function the conduct of foreign
intelligence or counterintelligence activities, who intends to
report to Congress a complaint or information with respect to
an urgent concern may report the complaint or information to
the appropriate Inspector General (or designee) under this Act,
section 17 of the Central Intelligence Agency Act of 1949, or
section 103H(k) of the National Security Act of 1947 (50 U.S.C.
3033(k)).
(2) If a designee of an Inspector General under this section
receives a complaint or information of an employee with respect
to an urgent concern, that designee shall report the complaint
or information to the Inspector General within 7 calendar days
of receipt.
(3) The Inspectors General of the Defense Intelligence
Agency, the National Geospatial-Intelligence Agency, the
National Reconnaissance Office, and the National Security
Agency shall be designees of the Inspector General of the
Department of Defense for purposes of this section.
(b)(1) Not later than the end of the 14-calendar day period
beginning on the date of receipt of an employee complaint or
information under subsection (a), the Inspector General shall
determine whether the complaint or information appears
credible. Upon making such a determination, the Inspector
General shall transmit to the head of the establishment notice
of that determination, together with the complaint or
information.
(2) If the head of an establishment determines that a
complaint or information transmitted under paragraph (1) would
create a conflict of interest for the head of the
establishment, the head of the establishment shall return the
complaint or information to the Inspector General with that
determination and the Inspector General shall make the
transmission to the Director of National Intelligence and, if
the establishment is within the Department of Defense, to the
Secretary of Defense. In such a case, the requirements of this
section for the head of the establishment apply to each
recipient of the Inspector General's transmission.
(c) Upon receipt of a transmittal from the Inspector General
under subsection (b), the head of the establishment shall,
within 7 calendar days of such receipt, forward such
transmittal to the intelligence committees, together with any
comments the head of the establishment considers appropriate.
(d)(1) If the Inspector General does not find credible under
subsection (b) a complaint or information submitted to the
Inspector General under subsection (a), or does not transmit
the complaint or information to the head of the establishment
in accurate form under subsection (b), the employee (subject to
paragraph (2)) may submit the complaint or information to
Congress by contacting either or both of the intelligence
committees directly.
(2) The employee may contact the intelligence committees
directly as described in paragraph (1) only if the employee--
(A) before making such a contact, furnishes to the
head of the establishment, through the Inspector
General, a statement of the employee's complaint or
information and notice of the employee's intent to
contact the intelligence committees directly; and
(B) obtains and follows from the head of the
establishment, through the Inspector General, direction
on how to contact the intelligence committees in
accordance with appropriate security practices.
(3) A member or employee of one of the intelligence
committees who receives a complaint or information under
paragraph (1) does so in that member or employee's official
capacity as a member or employee of that committee.
(e) The Inspector General shall notify an employee who
reports a complaint or information under this section of each
action taken under this section with respect to the complaint
or information. Such notice shall be provided not later than 3
days after any such action is taken.
(f) An action taken by the head of an establishment or an
Inspector General under subsections (a) through (e) shall not
be subject to judicial review.
[(g)(1) The Inspector General of the Defense Intelligence
Agency, the National Geospatial-Intelligence Agency, the
National Reconnaissance Office, and the National Security
Agency shall each submit to the congressional intelligence
committees each year a report that sets forth the following:
[(A) The personnel and funds requested by such
Inspector General for the fiscal year beginning in such
year for the activities of the office of such Inspector
General in such fiscal year.
[(B) The plan of such Inspector General for such
activities, including the programs and activities
scheduled for review by the office of such Inspector
General during such fiscal year.
[(C) An assessment of the current ability of such
Inspector General to hire and retain qualified
personnel for the office of such Inspector General.
[(D) Any matters that such Inspector General
considers appropriate regarding the independence and
effectiveness of the office of such Inspector General.
[(2) The submittal date for a report under paragraph (1) each
year shall be the date provided in section 507 of the National
Security Act of 1947.
[(3) In this subsection, the term ``congressional
intelligence committees'' shall have the meaning given that
term in section 3 of the National Security Act of 1947 (50
U.S.C. 401a).]
[(h)] (g) An individual who has submitted a complaint or
information to an Inspector General under this section may
notify any member of the Permanent Select Committee on
Intelligence of the House of Representatives or the Select
Committee on Intelligence of the Senate, or a staff member of
either such Committee, of the fact that such individual has
made a submission to that particular Inspector General, and of
the date on which such submission was made.
[(i)] (h) In this section:
(1) The term ``urgent concern'' means any of the
following:
(A) A serious or flagrant problem, abuse,
violation of law or Executive order, or
deficiency relating to the funding,
administration, or operations of an
intelligence activity involving classified
information, but does not include differences
of opinions concerning public policy matters.
(B) A false statement to Congress, or a
willful withholding from Congress, on an issue
of material fact relating to the funding,
administration, or operation of an intelligence
activity.
(C) An action, including a personnel action
described in section 2302(a)(2)(A) of title 5,
United States Code, constituting reprisal or
threat of reprisal prohibited under section
7(c) in response to an employee's reporting an
urgent concern in accordance with this section.
(2) The term ``intelligence committees'' means the
Permanent Select Committee on Intelligence of the House
of Representatives and the Select Committee on
Intelligence of the Senate.
* * * * * * *
Disclosure of Directed Rule Making
H.R. 6237 does not specifically direct any rule makings
within the meaning of 5 U.S.C. 551.
Duplication of Federal Programs
H.R. 6237 does not duplicate or reauthorize an established
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
MINORITY VIEWS
The House Intelligence Committee's Minority Members support
the Matthew Young Pollard Intelligence Authorization Act (IAA)
for Fiscal Years 2018 and 2019, a bipartisan measure that the
Committee approved by unanimous voice vote on June 28, 2018.
This year's IAA authorizes intelligence funding in the base
budget at roughly 1.9% above the President's FY19 budget
request and funds Overseas Contingency Operations at roughly
the President's request.
The annual IAA ensures that the programs and activities of
the U.S. Intelligence Community (IC), including Department of
Defense (DoD) intelligence elements, are congressionally
authorized and appropriately resourced to protect the nation
from threats at home and abroad. This critical piece of
legislation is also the primary tool by which Congress
exercises oversight of the National and Military Intelligence
Programs. The IAA helps ensure that Executive Branch decisions
about our most closely held programs and secret activities
operate within the law and are consistent with our national
values and commitment to individual liberty, a responsibility
vital to the healthy functioning of our democracy.
In conducting oversight of the IC and DoD, the Minority
remains committed to holding the Administration accountable in
maintaining several efforts championed by Committee Democrats
over many years: (1) ensuring that the work of IC elements
meets constitutional and statutory requirements; (2) addressing
all global threats; (3) improving public transparency; (4)
investing in the workforce and strengthening diversity; and (5)
responding to current and future challenges.
ENSURING LEGITIMACY & EFFECTIVENESS
IC elements operate largely in secret and sometimes must
take aggressive action to protect national security. This
arrangement confers operational advantages but entails
considerable risk of abuse and excess if not held in check by
the appropriate congressional entities. A central goal of
congressional oversight is to guarantee the fullest measure of
legitimacy and effectiveness of IC and DoD activities, despite
the need for secrecy--for example, through the requirement to
notify the congressional intelligence committees of covert
action findings authorized by the President.
The FY19 IAA addresses legitimacy through several Minority-
authored provisions that direct the IC to undertake, or not
undertake, certain covert action activities. The bill also
requires that the IC report to the congressional intelligence
committees about certain Executive Branch processes to ensure
that covert action findings support broader U.S. foreign policy
objectives. The Minority believes that Congress has a
significant role to play in oversight of the most sensitive
national security policies, and this year's bill exercises that
role in meaningful ways.
ADDRESSING ALL GLOBAL THREATS
Nearly two decades of war have seized the attention of the
IC, DoD, policymakers and the public--sometimes at the expense
of attention to hard target countries such as China, Russia,
North Korea and Iran. While counterterrorism appropriately
remains a cornerstone of IC and DoD activity, we must also
allocate significant resources to respond to hard targets, as
well as vulnerable and fractured states, and supply chain and
technical risks. Although there is recognition within the IC
and DoD of the need to realign resources to more fully respond
to the myriad threats we face, we can and should do more to
rebalance spending and better prioritize all global threats.
As such, the FY18 and FY19 combined IAA seeks to better
prepare the IC and DoD not only to respond to but to preempt
these threats. A provision in the bill requires that the IC
report to the intelligence committees regarding the roles,
responsibilities and resources necessary to respond to malign
foreign influence operations, and funding increases support
counterterrorism and efforts to counter Russia, China and North
Korea. Additionally, the bill makes permanent an expiring,
enhanced authority for the IC to guard against risks to its
supply chain from state and non-state actors.
EXPANDING TRANSPARENCY
A healthy democracy demands a sufficient level of
government transparency about the actions, intentions and
effectiveness of its intelligence apparatus--not only in real
time, but retrospectively, so that the country might continue
the positive efforts of the IC and DoD and, where relevant,
reflect on any negatives.
The declassification of IC records of historical
significance is one mechanism to achieve this. The Public
Interest Declassification Review Board (PIDB) advises the
President and agencies on the review and declassification of
such records. This year's IAA reauthorizes the PIDB for 10
years, allowing the Board to continue its vital work to
responsibly release to the public historical information about
IC elements' activities.
In addition, the bill includes a Minority-authored
provision requiring a briefing to certain congressional leaders
and committees if the United States faces a significant foreign
cyber intrusion or active measures campaign directed at a
federal election. This measure maximizes transparency and
enables Congress to determine whether, and in what form, to
provide the public with information about such a campaign or
intrusion.
INVESTING IN THE WORKFORCE & STRENGTHENING DIVERSITY
To attract the best talent to the IC and DoD, agencies and
departments must provide a work environment and benefits that
are commensurate with the challenging but essential role of
public servants. Some IC entities have explored non-traditional
ways to recruit, clear and retain employees, such as one-time
signing bonuses and flexible work arrangements. However, there
is still much work to be done. This bill takes needed steps,
including by bolstering the authority of heads of IC elements
to appropriately compensate IC professionals with science,
technology, engineering or mathematics (STEM) backgrounds and
by authorizing the Director of the National Security Agency to
set special pay rates for cyber professionals.
Attracting the best talent to the IC and DoD also means
providing opportunities for historically under-represented
groups to enter the workforce through formal and informal
pipelines. Although women, minorities, and those with
disabilities have joined the IC and DoD in increasing numbers,
these groups often remain in junior positions rather than
rising to the highest levels of leadership. For years,
congressional direction, funding and legislation have sought to
increase entry opportunities for under-represented groups.
However, IC and DoD elements have not adopted all conduits for
the entrance, promotion and retention of new talent.
To improve the pipeline for under-represented groups to
join IC elements, the FY19 IAA increases funding for, and
includes direction regarding the Centers of Academic
Excellence, an internship program established in 2004 to
educate highly qualified students of diverse backgrounds and
encourage them to pursue careers in the IC. As the IC and DoD
meet increasingly complex global challenges, we must summon
diverse perspectives able to collect intelligence about,
analyze and respond to such challenges in the most effective
and thoughtful ways possible.
RESPONDING TO CURRENT & FUTURE CHALLENGES
Even as we address the threats of today, the IC and DoD
must invest in and be prepared to anticipate and respond to the
challenges of the future. Investments in U.S. government
innovation and modernization have not kept pace with some of
our most aggressive adversaries, threatening to create a future
in which the United States falls behind. Rather than face that
fate, the IC and DoD must invest resources wisely, while also
leveraging the power and innovation resident in our National
Labs, U.S. commercial entities, and among our allies and
partners around the world.
The combined FY18 and FY19 IAA increases funding for
artificial intelligence and cutting-edge technologies so that
the IC and DoD continue to work smarter in defense of the
nation. It also creates an external board to advise the
Director of the National Reconnaissance Office on key policy
issues, providing a resource for the Office as it pushes U.S.
space capabilities beyond what was previously possible. The
bill also supports partners in Europe, often on the frontlines
of malign activity perpetrated by our most capable and
aggressive adversaries.
The annual IAA is but one tool Congress uses to exercise
oversight of IC and DoD intelligence elements. The Minority
supports this year's combined FY18 and FY19 IAA, which will
help Congress play that critical role, while also ensuring that
the women and men of the IC and DoD are supported as they
endeavor to protect the United States.
Adam B. Schiff.
James A. Himes.
Terri A. Sewell.
Andre Carson.
Jackie Speier.
Mike Quigley.
Eric Swalwell.
Joaquin Castro.
Denny Heck.
[all]
