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115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-251
======================================================================
INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2018
_______
July 24, 2017.--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. 3180]
[Including cost estimate of the Congressional Budget Office]
The Committee on Permanent Select Committee on
Intelligence, to whom was referred the bill (H.R. 3180) to
authorize appropriations for fiscal year 2018 for intelligence
and intelligence-related activities of the United States
Government, the Community Management Account, and the Central
Intelligence Agency Retirement and Disability System, and for
other purposes, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2018''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
Sec. 202. Computation of annuities for employees of the Central
Intelligence Agency.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by
law.
Sec. 303. Congressional oversight of intelligence community
contractors.
Sec. 304. Enhanced personnel security programs.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Authority for protection of current and former employees of
the Office of the Director of National Intelligence.
Sec. 402. Designation of the program manager-information sharing
environment.
Sec. 403. Technical correction to the executive schedule.
Subtitle B--Other Elements
Sec. 411. Requirements relating to appointment of General Counsel of
National Security Agency.
Sec. 412. Transfer or elimination of certain components and functions
of the Defense Intelligence Agency.
Sec. 413. Technical amendments related to the Department of Energy.
TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES
Sec. 501. Assessment of significant Russian influence campaigns
directed at foreign elections and referenda.
Sec. 502. Foreign counterintelligence and cybersecurity threats to
Federal election campaigns.
Sec. 503. Assessment of threat finance relating to the Russian
Federation.
TITLE VI--REPORTS AND OTHER MATTERS
Sec. 601. Period of overseas assignments for certain foreign service
officers.
Sec. 602. Semiannual reports on investigations of unauthorized public
disclosures of classified information.
Sec. 603. Intelligence community reports on security clearances.
Sec. 604. Report on expansion of Security Protective Services
jurisdiction.
Sec. 605. Report on role of Director of National Intelligence with
respect to certain foreign investments.
Sec. 606. Report on Cyber Exchange Program.
Sec. 607. Review of intelligence community participation in
vulnerabilities equities process.
Sec. 608. Review of Intelligence Community whistleblower matters.
Sec. 609. Sense of Congress on notifications of certain disclosures of
classified information.
SEC. 2. DEFINITIONS.
In this Act:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the
Senate; and
(B) the Permanent Select Committee on Intelligence of
the House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
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.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be
appropriated under section 101 and, subject to section 103, 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 101, are those specified in the classified
Schedule of Authorizations prepared to accompany this Act.
(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. 103. 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 102(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
3 percent of the number of civilian personnel authorized under such
schedule for such element.
(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 102(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.--The Director of
National Intelligence shall notify the congressional intelligence
committees in writing at least 15 days prior to each exercise of an
authority described in subsection (a).
SEC. 104. 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
$526,900,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for advanced
research and development shall remain available until September 30,
2019.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 804 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 102(a). Such additional amounts made available
for advanced research and development shall remain available
until September 30, 2019.
(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
102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. 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. 202. 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 in 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. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this Act 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. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED BY
LAW.
Appropriations authorized by this 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
such compensation or benefits authorized by law.
SEC. 303. CONGRESSIONAL OVERSIGHT OF INTELLIGENCE COMMUNITY
CONTRACTORS.
(a) Oversight by Congress.--
(1) In general.--Title V of the National Security Act of 1947
(50 U.S.C. 3091 et seq.) is amended by inserting after section
506J the following new section:
``SEC. 506K. OVERSIGHT OF INTELLIGENCE COMMUNITY CONTRACTORS.
``Notwithstanding the terms of any contract awarded by the head of an
element of the intelligence community, the head may not--
``(1) prohibit a contractor of such element from contacting
or meeting with either of the congressional intelligence
committees (including a member or an employee thereof) to
discuss matters relating to a contract;
``(2) take any adverse action against a contractor of such
element, including by suspending or debarring the contractor or
terminating a contract, based on the contractor contacting or
meeting with either of the congressional intelligence
committees (including a member or an employee thereof) to
discuss matters relating to a contract; or
``(3) require the approval of the head before a contractor of
such element contacts or meets with either of the congressional
intelligence committees (including a member or an employee
thereof) to discuss matters relating to a contract.''.
(2) 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 506J the following
new item:
``Sec. 506K. Oversight of intelligence community contractors.''.
(b) Application.--The amendment made by subsection (a)(1) shall apply
with respect to a contract awarded by the head of an element of the
intelligence community on or after the date of the enactment of this
Act.
SEC. 304. ENHANCED PERSONNEL SECURITY PROGRAMS.
Section 11001(d) of title 5, United States Code, is amended--
(1) in the subsection heading, by striking ``Audit'' and
inserting ``Review'';
(2) in paragraph (1), by striking ``audit'' and inserting
``review''; and
(3) in paragraph (2), by striking ``audit'' and inserting
``review''.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. AUTHORITY FOR PROTECTION OF CURRENT AND FORMER EMPLOYEES OF
THE OFFICE OF THE DIRECTOR OF NATIONAL
INTELLIGENCE.
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. 402. 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) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (6 U.S.C. 485(f)) 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. 403. TECHNICAL CORRECTION TO THE EXECUTIVE SCHEDULE.
Section 5313 of title 5, United States Code, is amended by adding at
the end the following:
``Director of the National Counterintelligence and Security.''.
Subtitle B--Other Elements
SEC. 411. REQUIREMENTS RELATING TO APPOINTMENT OF GENERAL COUNSEL OF
NATIONAL SECURITY AGENCY.
(a) In General.--Section 2 of the National Security Agency Act of
1959 (Public Law 86-36; 50 U.S.C. 3602) is amended by adding at the end
the following new subsection:
``(c)(1) There is a General Counsel of the National Security Agency.
``(2) The General Counsel of the National Security Agency shall be
appointed by the President, by and with the advice and consent of the
Senate.''.
(b) Effective Date.--Subsection (c) of section 2 of the National
Security Agency Act of 1959 (Public Law 86-36; 50 U.S.C. 3602) shall
apply with respect to any person who is appointed to serve as General
Counsel of the National Security Agency on or after January 21, 2021.
SEC. 412. TRANSFER OR ELIMINATION OF CERTAIN COMPONENTS AND FUNCTIONS
OF THE DEFENSE INTELLIGENCE AGENCY.
(a) Information Review Task Force.--
(1) Transfer required.--Effective on the date that is 180
days after the date of the enactment of this Act, there is
transferred from the Director of the Defense Intelligence
Agency to the Chairman of the Joint Chiefs of Staff all
functions performed by the Information Review Task Force and
all assigned responsibilities performed by the Information
Review Task Force. Upon such transfer, such Task Force shall be
designated as a chairman's controlled activity.
(2) Transition plan.--
(A) Congressional briefing.--Not later than 60 days
after the date of the enactment of this Act, the
Director of the Defense Intelligence Agency and the
Chairman of the Joint Chiefs of Staff shall jointly
brief the congressional intelligence committees and the
congressional defense committees on the plan to carry
out the transfer required under paragraph (1).
(B) Submittal of formal plan.--Not later than 90 days
after the date of the enactment of this Act, the
Director of the Defense Intelligence Agency and the
Chairman of the Joint Chiefs of Staff shall jointly
submit to the congressional intelligence committees and
the congressional defense committees a formal plan for
the transfer required under paragraph (1).
(3) Limitation on use of funds.--The Director of the Defense
Intelligence Agency may not obligate or expend any funds
authorized to be appropriated for the Information Review Task
Force for fiscal year 2018 after the date that is 180 days
after the date of the enactment of this Act. Any such funds
that are unobligated or unexpended as of such date shall be
transferred to the Chairman of the Joint Chiefs of Staff.
(b) Identity Intelligence Project Office.--
(1) Elimination.--Effective on the date that is 180 days
after the date of the enactment of this Act, the Director of
the Defense Intelligence Agency shall eliminate the Identity
Intelligence Project Office, including all functions and
assigned responsibilities performed by the Identity
Intelligence Project Office. All personnel and assets
pertaining to such Office shall be transferred to other
elements of the Defense Intelligence Agency, as determined by
the Director.
(2) Transition plan.--
(A) Congressional briefing.--Not later than 60 days
after the date of the enactment of this Act, the
Director of the Defense Intelligence Agency shall brief
the congressional intelligence committees and the
congressional defense committees on the plan to carry
out the elimination required under paragraph (1).
(B) Submittal of formal plan.--Not later than 90 days
after the date of the enactment of this Act, the
Director of the Defense Intelligence Agency shall
submit to the congressional intelligence committees and
the congressional defense committees a formal plan for
the elimination required under paragraph (1).
(3) Limitation on use of funds.--The Director of the Defense
Intelligence Agency may not obligate or expend any funds
authorized to be appropriated for the Identity Intelligence
Project Office for fiscal year 2018 after the date that is 180
days after the date of the enactment of this Act. Any such
funds that are unobligated or unexpended as of such date shall
be transferred to other elements of the Defense Intelligence
Agency, as determined by the Director.
(c) Watchlisting Branch.--
(1) Transfer required.--Effective on the date that is 180
days after the date of the enactment of this Act, there is
transferred from the Director of the Defense Intelligence
Agency to the Director for Intelligence of the Joint Staff all
functions and all assigned responsibilities performed by the
Watchlisting Branch.
(2) Transition plan.--
(A) Congressional briefing.--Not later than 60 days
after the date of the enactment of this Act, the
Director of the Defense Intelligence Agency and the
Director for Intelligence of the Joint Staff shall
jointly brief the congressional intelligence committees
and the congressional defense committees on the plan to
carry out the transfer required under paragraph (1).
(B) Submittal of formal plan.--Not later than 90 days
after the date of the enactment of this Act, the
Director of the Defense Intelligence Agency and the
Director for Intelligence of the Joint Staff shall
jointly submit to the congressional intelligence
committees and the congressional defense committees a
formal plan for the transfer required under paragraph
(1).
(3) Limitation on use of funds.--The Director of the Defense
Intelligence Agency may not obligate or expend any funds
authorized to be appropriated for the Watchlisting Branch for
fiscal year 2018 after the date that is 180 days after the date
of the enactment of this Act. Any such funds that are
unobligated or unexpended as of such date shall be transferred
to the Director for Intelligence of the Joint Staff.
(d) Counter-Threat Finance.--
(1) Elimination.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Defense
Intelligence Agency shall eliminate the Counter-Threat Finance
analysis function of the Defense Intelligence Agency. All
personnel and assets pertaining to such function shall be
transferred to other elements of the Defense Intelligence
Agency, as determined by the Director.
(2) Transition plan.--
(A) Congressional briefing.--Not later than 60 days
after the date of the enactment of this Act, the
Director of the Defense Intelligence Agency shall brief
the congressional intelligence committees and the
congressional defense committees on the plan to
eliminate the Counter-Threat Finance analysis function
under paragraph (1).
(B) Submittal of formal plan.--Not later than 90 days
after the date of the enactment of this Act, the
Director of the Defense Intelligence Agency shall
submit to the congressional intelligence committees and
the congressional defense committees a formal plan to
eliminate such function under paragraph (1).
(3) Limitation on use of funds.--The Director of the Defense
Intelligence Agency may not obligate or expend any funds
authorized to be appropriated for the Counter-Threat Finance
analysis function for fiscal year 2018 after the date that is
180 days after the date of the enactment of this Act. Any such
funds that are unobligated or unexpended as of such date shall
be transferred to other elements of the Defense Intelligence
Agency, as determined by the Director.
(e) National Intelligence University.--
(1) Transfer required.--Effective on October 1, 2020, there
is transferred from the Director of the Defense Intelligence
Agency to the Director of National Intelligence all functions
and all assigned responsibilities performed by the National
Intelligence University.
(2) Transition plan.--
(A) Congressional briefing.--Not later than October
1, 2018, the Director of the Defense Intelligence
Agency and the Director of National Intelligence shall
jointly brief the congressional intelligence committees
and the congressional defense committees on the plan to
carry out the transfer required under paragraph (1).
(B) Submittal of formal plan.--Not later than April
1, 2019, the Director of the Defense Intelligence
Agency and the Director of National Intelligence shall
jointly submit to the congressional intelligence
committees and the congressional defense committees a
formal plan for the transfer required under paragraph
(1).
(3) Limitation on use of funds.--The Director of the Defense
Intelligence Agency may not obligate or expend any funds
authorized to be appropriated for the National Intelligence
University after October 1, 2020. Any such funds that are
unobligated or unexpended as of such date shall be transferred
to the Director of National Intelligence.
(f) Congressional Notice for Reprogramming.--Not later than 30 days
before transferring any funds relating to transferring or eliminating
any function under this section, the Director of the Defense
Intelligence Agency shall submit to the congressional intelligence
committees and the congressional defense committees notice in writing
of such transfer.
(g) Treatment of Certain Functions and Responsibilities.--
(1) In general.--In the case of any function or executive
agent responsibility that is transferred to the Director of
National Intelligence pursuant to this section, the Director of
National Intelligence may not delegate such function or
responsibility to another element of the intelligence
community.
(2) Executive agent responsibility.--In this subsection, the
term ``executive agent responsibility'' means the specific
responsibilities, functions, and authorities assigned by the
Director of National Intelligence to the head of an
intelligence community element to provide defined levels of
support for intelligence operations, or administrative or other
designated activities.
(h) Deadline for Policy Updates.--Not later than October 1, 2020, the
Director of National Intelligence, the Under Secretary of Defense for
Intelligence, and the Chairman of the Joint Chiefs of Staff shall
ensure that all relevant policies of the intelligence community and
Department of Defense are updated to reflect the transfers required to
be made pursuant to this section.
(i) Treatment of Transferred Functions.--No transferred functions or
assigned responsibility referred to in subsection (a), (c), or (e)
shall be considered a new start by the receiving element, including in
the case of any lapse of appropriation for such transferred function or
assigned responsibility.
(j) Reports on Other Elements of Defense Intelligence Agency.--
(1) National center for credibility assessment.--
(A) Sense of congress.--It is the sense of Congress
that--
(i) the assignment of executive agency for
the National Center for Credibility Assessment
to the Director of the Defense Intelligence
Agency may be limiting the ability of the
Center to effectively serve the Federal
customer base of the Center;
(ii) the failure of the Director of National
Intelligence, in the role of the Director as
security executive for the Federal Government,
to define in policy the term ``Executive
Agent'' may be further limiting the ability of
the Center to receive sufficient resources to
carry out the critical Federal mission of the
Center; and
(iii) the evolution of the Center from an
organization of the Army to an organization
serving 27 departments and agencies and
responsible for all Federal credibility
assessment training, oversight, and research
and development, has resulted in a convoluted
oversight structure based on legacy reporting
requirements.
(B) Report.--Not later than October 1, 2018, the
Director of the Defense Intelligence Agency, the
Director of National Intelligence, and the Secretary of
Defense shall jointly submit to the congressional
intelligence committees and the congressional defense
committees a report on--
(i) the current and projected missions and
functions of the National Center for
Credibility Assessment;
(ii) the effectiveness of the current
organizational assignment of the Center to the
Director of the Defense Intelligence Agency;
(iii) the effectiveness of the current
oversight structure between the Center, the
Defense Intelligence Agency, the Under
Secretary of Defense for Intelligence, and the
Director of National Intelligence; and
(iv) the resources and authorities necessary
to most effectively execute the missions and
functions of the Center.
(2) Underground facilities analysis center.--
(A) Sense of congress.--It is the sense of Congress
that--
(i) the assignment of executive agency for
the Underground Facilities Analysis Center to
the Director of the Defense Intelligence Agency
may be limiting the ability of the Center to
effectively serve the broader intelligence
community customer base of the Center;
(ii) the failure of the Director of National
Intelligence to define in policy the term
``Executive Agent'' may be further limiting the
ability of the Center to receive sufficient
resources to carry out the critical mission of
the Center; and
(iii) the requirements of the intelligence
community and Department of Defense with
respect to underground facilities are not
adequately being met given the scale and
complexity of the problem set and the
relatively small amount of funding currently
received by the Center.
(B) Report.--Not later than October 1, 2018, the
Director of the Defense Intelligence Agency, the
Director of National Intelligence, and the Chairman of
the Joint Chiefs of Staff shall jointly submit to the
congressional intelligence committees and the
congressional defense committees a report on--
(i) the missions and functions of the
Underground Facilities Analysis Center;
(ii) the state of the requirements of the
intelligence community and Department of
Defense with respect to underground facilities
and the ability of the Center to meet such
requirements;
(iii) the effectiveness of the current
organizational assignment of the Center to the
Director of the Defense Intelligence Agency;
(iv) the effectiveness of the current
oversight structure between the Center, the
Defense Intelligence Agency, the Secretary of
Defense, and the Director of National
Intelligence; and
(v) the resources and authorities necessary
to most effectively execute the missions and
functions of the Center.
(k) Congressional Defense Committees Defined.--In this section, the
term ``congressional defense committees'' means--
(1) the Committees on Armed Services of the Senate and House
of Representatives; and
(2) the Committees on Appropriations of the Senate and House
of Representatives.
SEC. 413. TECHNICAL AMENDMENTS RELATED TO THE DEPARTMENT OF ENERGY.
(a) 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''.
(b) 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 redesignated by paragraph (3), by
realigning the margin of such subparagraph two ems to the left.
TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES
SEC. 501. 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. 502. 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 an election
held for the office of Senator or Member of the House
of Representatives during 2018, not later than the date
that is 60 days after the date of the enactment of this
Act.
(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 one 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. 503. ASSESSMENT OF THREAT FINANCE RELATING TO THE RUSSIAN
FEDERATION.
(a) Report.--Not later than 60 days after the date of the enactment
of this Act, the Director of National Intelligence, acting through the
National Intelligence Manager for Threat Finance, shall submit to the
congressional intelligence committees a report containing an assessment
of the financing of threat activity by the Russian Federation.
(b) Matters Included.--The report under subsection (a) shall include,
at a minimum, the following:
(1) A summary of leading examples from the 3-year period
prior to the date of the report of any threat finance
activities conducted by, for the benefit of, or at the behest
of officials of the Government of Russia, persons subject to
sanctions under any provision of law imposing sanctions with
respect to Russia, or Russian nationals subject to sanctions
under any other provision of law.
(2) An assessment with respect to any trends or patterns in
threat finance activities relating to Russia, including common
methods of conducting such activities.
(3) 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.
(4) An identification of any resource and collection gaps.
(c) Form.--The report submitted 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, or conceal money or value on behalf of threat actors;
(3) sanctions evasion; or
(4) other forms of threat financing domestically or
internationally, as defined by the President.
TITLE VI--REPORTS AND OTHER MATTERS
SEC. 601. 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. 602. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED PUBLIC
DISCLOSURES OF CLASSIFIED INFORMATION.
(a) In General.--Title XI of the National Security Act of 1947 (50
U.S.C. 3091 et seq.) is amended by adding at the end the following new
section:
``SEC. 1105. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED
PUBLIC DISCLOSURES OF CLASSIFIED INFORMATION.
``(a) In General.--On a semiannual basis, each covered official shall
submit to the congressional intelligence committees a report that
includes, with respect to the preceding 6-month period--
``(1) the number of investigations opened by the covered
official regarding an unauthorized public disclosure of
classified information;
``(2) the number of investigations completed by the covered
official regarding an unauthorized public disclosure of
classified information; and
``(3) of the number of such completed investigations
identified under paragraph (2), the number referred to the
Attorney General for criminal investigation.
``(b) Definitions.--In this section:
``(1) 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) The term `investigation' means any inquiry, whether
formal or informal, into the existence of an unauthorized
public disclosure of classified information.
``(3) 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
public disclosures of classified information.''.
SEC. 603. INTELLIGENCE COMMUNITY REPORTS ON SECURITY CLEARANCES.
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 a report on the security
clearances processed by each element of the intelligence community
during the preceding calendar year. Each such report shall separately
identify security clearances processed by each such element and shall
cover Federal employees and contractor employees.
``(2) Each report submitted under paragraph (1) shall include each of
the following for each element of the intelligence community for the
year covered by the report:
``(A) The total number of initial security clearance
background investigations opened for new applicants.
``(B) The total number of security clearance periodic re-
investigations opened for existing employees.
``(C) The total number of initial security clearance
background investigations for new applicants that were
finalized and 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 finalized and 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 re-investigations, that were not
finalized and 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) the cause of the delay for such determinations;
and
``(ii) the number of such determinations for which
polygraph examinations were required.
``(G) The percentage of security clearance investigations,
including initial and periodic re-investigations, 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
inserting ``and (b)'' after ``subsection (a)(1)''.
SEC. 604. REPORT ON EXPANSION OF SECURITY PROTECTIVE SERVICES
JURISDICTION.
(a) Report.--Not later than 60 days after the date of the enactment
of this Act, the Director of the Central Intelligence Agency shall
submit to the congressional intelligence committees a report on the
feasibility, justification, costs, and benefits of expanding the
jurisdiction of the protective services of the Central Intelligence
Agency under section 15(a)(1) of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3515(a)). The report shall include--
(1) an explanation of the need for expanding such
jurisdiction beyond the 500-feet limit specified in such
section 15(a)(1); and
(2) an identification of any comparable departments or
agencies of the Federal Government in the Washington
metropolitan region (as defined in section 8301 of title 40,
United States Code) whose protective services jurisdictions
exceed 500 feet.
(b) Form.--The report under subsection (a) may be submitted in
classified form.
SEC. 605. 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) Matters Included.--The report under subsection (a) shall--
(1) describe the current process for the provision of the
analytic materials described in subsection (a);
(2) identify the most significant benefits and drawbacks of
such process with respect to the role of the Director,
including any benefits or drawbacks relating to the time
allotted to the Director to prepare such materials; and
(3) include recommendations to improve such process.
SEC. 606. 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) Matters Included.--The report under subsection (a) shall include
the following:
(1) 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. 607. REVIEW OF INTELLIGENCE COMMUNITY PARTICIPATION IN
VULNERABILITIES EQUITIES PROCESS.
(a) Review.--Not later than 180 days after the date of the enactment
of this Act, the Inspector General of the Intelligence Community shall
review, with respect to the 3-year period preceding the date of the
review, the roles and responsibilities of the elements of the
intelligence community in the process of the Federal Government for
determining whether, when, how, and to whom information about a
vulnerability that is not publicly known will be shared with or
released to a non-Federal entity or the public.
(b) Report.--
(1) Submission.--Not later than 240 days after the date of
the enactment of this Act, the Inspector General shall submit
to the congressional intelligence committees a report on the
results of the review under subsection (a).
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) A description of the roles and responsibilities
of the elements of the intelligence community in the
process of determining whether, when, how, and to whom
information about a vulnerability that is not publicly
known will be shared or released to a non-Federal
entity or the public.
(B) The criteria used by the Federal Government,
including elements of the intelligence community, in
making such determination.
(C) With respect to the period covered by the
review--
(i) a summary of vulnerabilities known to
elements of the intelligence community that
were reviewed by the Federal Government
pursuant to such process, including--
(I) the number of vulnerabilities
known to the intelligence community
that were reviewed; and
(II) of such number of reviewed
vulnerabilities, the number for which
information was shared with or released
to a non-Federal entity or the public;
(ii) an assessment of whether there were any
vulnerabilities known to elements of the
intelligence community that were not reviewed
pursuant to such process, and if so, the basis
and rationale for not conducting such a review;
and
(iii) a summary of the most significant
incidents in which a vulnerability known to the
intelligence community, but not shared with or
released to a non-Federal entity or the public,
was exploited by an individual, an entity, or a
foreign country in the course of carrying out a
cyber intrusion.
(D) A description of any current mechanisms for
overseeing such process.
(E) Recommendations to improve the efficiency,
effectiveness, accountability, and, consistent with
national security, transparency of such process.
(F) Any other matters the Inspector General
determines appropriate.
(3) Form.--The report may be submitted in classified form.
(c) Vulnerability Defined.--In this section, the term
``vulnerability'' means, with respect to information technology, a
design, configuration, or implementation weakness in a technology,
product, system, service, or application that can be exploited or
triggered to cause unexpected or unintended behavior.
SEC. 608. 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. 609. 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) the authorities described in subsection (a), 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) 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) 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) 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) 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).
Purpose
The purpose of H.R. 3180 is to authorize the intelligence
and intelligence-related activities of the United States
Government for Fiscal Year 2018. 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 Annex and Committee Intent
The classified annex to this report includes the classified
schedule of authorizations and associated explanatory language.
The Committee views the classified annex as an integral part of
this legislation. The classified annex contains thorough
discussions of the issues considered by the Committee
underlying the funding authorizations found in the classified
schedules of authorizations. All intelligence programs
discussed in the classified annex to this report will follow
the guidance and limitations set forth as associated language
therein. The classified schedule of authorizations is
incorporated directly into this legislation by virtue of
Section 102 of the bill. The classified annex is 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 all activities of
the Office of the Director of National Intelligence (ODNI), as
well as intelligence, intelligence-related, and
counterintelligence activities conducted by: the Central
Intelligence Agency; 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. The Committee has exclusive
legislative, authorizing, and oversight jurisdiction of these
programs.
Committee Statement and Views
H.R. 3180, the Intelligence Authorization Act for Fiscal
Year 2018 (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 an
increasingly provocative North Korea; 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 below the Administration's budget
request, balancing fiscal discipline and national security.
However, the Committee remains concerned that the funding
levels for Fiscal Year 2019 and beyond specified in the Budget
Control Act of 2011 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. 3180 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. Specific recommendations for the MIP and ISSP are
consistent with H.R. 2810, the Committee on Armed Services
(HASC)-passed National Defense Authorization Act for Fiscal
Year 2018 (FY 2018 NDAA).
Ultimately, H.R. 3180 ensures that during Fiscal Year 2018,
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.
Defense Intelligence Agency (DIA)--Roles and missions review
In the last 70 years, many reform efforts have targeted
defense intelligence within the Department of Defense (DoD),
but today's defense intelligence apparatus is cumbersome,
duplicative, and expensive. As a result, the Committee is
examining the defense intelligence enterprise, beginning with a
review of Defense Intelligence Agency (DIA) roles and missions.
DIA was created in 1961 to de-conflict, coordinate, and
oversee DoD intelligence functions executed independently by
the military services. Its purpose was to achieve unity of
effort in the production of military intelligence while
realizing significant cost savings through more effective
management of DoD intelligence resources. However, in recent
years, DIA's roles and missions have expanded from 19 discrete
functions to more than 100. Moreover, DIA continues to receive
a variety of administrative and enterprise management
responsibilities. The Committee believes these assigned tasks
and functions have detracted from DIA's ability to execute its
primary mission: providing intelligence on foreign militaries
and operating environments that delivers an information
advantage to prevent and decisively win wars.
Based on initial findings from its review of DIA roles and
missions, the Committee has determined that several functions
currently assigned to DIA should be eliminated or transferred
to other IC or DoD components. The Committee selected the
following functions and organizations for transfer or
elimination because they are tangential to DIA's core missions
and responsibilities in support of the DoD and IC, or are
duplicative of functions conducted elsewhere:
1. The Information Review Task Force (IRTF). The IRTF
was originally established in August 2010 by the
Secretary of Defense to lead a comprehensive
department-wide review and determine the impact of a
mass unauthorized disclosure and public release of
classified information. The Task Force, which is now
responsible for impact assessments for multiple
unauthorized disclosures and related leaks affecting
DoD, should be transferred to the Chairman of the Joint
Chiefs of Staff as a Chairman's Controlled Activity.
2. The Identity Intelligence Project Office (I2PO).
Housed within the Defense Combating Terrorism Center
(DCTC), I2PO is DIA's focal point for DoD identity
intelligence and coordinates DoD identity intelligence
requirements and capabilities. Sufficient processes are
in place for DoD identity intelligence management. The
existence of a separate office that serves solely as a
coordinating body for this function is unnecessary and
should be eliminated.
3. Watchlisting Branch. DCTCs Watchlisting Branch is
responsible for submitting Terrorism Identity
Nominations for DoD. This function should be
transferred to the Director for Intelligence of the
Joint Staff because it better aligns with the Joint
Staff's warning mission.
4. Counter Threat Finance (CTF) Branch. The CTF
Branch within DIA's Americas Regional Center should be
eliminated because CTF is not a core defense
intelligence mission and is redundant of identical
functions performed by other DoD components and IC
agencies, including the Department of the Treasury.
5. National Intelligence University (NIU). NIU is the
IC's sole accredited, federal degree-granting
institution. NIU focuses on the profession of
intelligence and is the only institution of higher
education in the nation that allows its students to
study and complete research in the Top Secret/Sensitive
Compartmented Information (TS/SCI) domain. Since NIU
operates in support of the entire IC, it should be
transferred back to the Office of the Director of
National Intelligence (ODNI).
In addition, the Committee has concerns regarding the
assignment of two other IC Centers to DIA and has asked the IC
and DoD to provide a report to the congressional intelligence
and defense committees on their missions and effectiveness:
1. The Underground Facilities Analysis Center (UFAC).
UFAC uses national intelligence and non-intelligence
resources to find, characterize, and assess underground
facilities used by adversarial state and non-state
actors.
2. The National Center for Credibility Assessment
(NCCA). Located at Fort Jackson, South Carolina, NCCA
is the federal center responsible for polygraph
examiner education and training, continuing education
certification, quality assurance, and credibility
assessment research and development.
Unauthorized disclosures of classified information
The Committee is extremely 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 602 of the Act requires all IC agencies to provide the
congressional intelligence committees 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 also 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 unauthorized disclosures. The report shall
address: the roles of IC elements' security personnel and law
enforcement regarding unauthorized disclosures; thedisclosures;
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.
Security clearance investigation delays
Although the Committee understands and supports fully
vetting IC civilian employees and contractors for access to
classified information, the Committee remains concerned about
the continued backlog of security clearance cases for both sets
of personnel. Some IC agencies are experiencing delays in
excess of one year for processing new security clearances.
Further complicating this growing backlog is the fact that many
IC agencies refuse to accept active, adjudicated security
clearances from other agencies. The inability of various IC
elements to timely grant new security clearances or accept
existing ones leaves funded billets unmanned, and causes
agencies to lose top talent who are unwilling or unable to wait
a year or more to begin new careers in the IC. Moreover, lost
government and contractor efforts hinder IC missions
threatening our national security. While the recently
established National Background Investigative Bureau (NBIB) is
working to reduce the security clearance backlog at the Office
of Personnel Management (OPM), processes at various IC agencies
that utilize OPM remain inefficient.
Therefore, in addition to the requirements of Section 602,
the Committee directs ODNI, within 90 days of enactment of this
Act, to brief the congressional intelligence and defense
committees on the amount of time required for processing
initial security clearances, periodic re-investigations, and
reciprocal actions for IC agencies started during fiscal years
2016 and 2017. Such briefing shall include the average time
required for each of the following:
1. Passage of the Standard Form (SF)-86 or security
clearance questionnaire package to OPM or other
applicable investigative service provider;
2. The completion of the investigation by OPM or the
applicable investigative service provider;
3. The completion of final adjudication; and
4. Notification to the applicant or employee that the
clearance request was granted or denied.
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.
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 601 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.
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 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 that further steps can be taken.
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 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 assessments 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 efforts that gather,
analyze, manage, and store large amounts of intelligence,
surveillance, and reconnaissance (ISR) data from remote
sources. Managing data by making information discoverable to
analysts across the globe while reducing storage and analytical
access costs are critical steps in DoD's efforts to leverage
commercial best practices in big data analytics. NGA is at the
forefront of such efforts, but the Committee is concerned by
DoD's slow pace in developing formal requirements for big data
analytic capabilities.
The Committee understands that DoD faces challenges in
addressing its 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 need further attention. 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) challenges 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 that the Under Secretary
of Defense for Intelligence, 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, 2017, 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
In recent years, there has been an 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 process the enormous volume of data.
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,
and the Director of the National Reconnaissance Office, 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 that
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 (SURSS)
Family of Small Unmanned Aerial Systems (UAS) (FoSUAS) 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 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
September 28, 2017, 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 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, 2018, 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 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, 2017, 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.
MQ-25 unmanned air system
Consistent with the committee report accompanying H.R.
2810, the HASC-passed FY 2018 NDAA (H. Rept. 115-200), the
Committee directs the Comptroller General of the United States,
no later than March 1, 2018, to provide the congressional
intelligence and defense committees with a report on the Navy's
carrier based unmanned aircraft acquisition program(s), with
specific focus on the MQ-25, that takes into account the
revised capability development document. The report shall
include:
1. The extent to which the program(s) have
established cost, schedule, and performance goals,
including test, production, and fielding plans; and
2. An assessment of program progress toward meeting
those goals.
E-8C Joint Surveillance and Target Attack Radar System
Consistent with 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, 2018, 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, 2018, 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.
Committee Consideration and Roll Call Votes
On July 13, 2017, the Committee met in open session to
consider H.R. 3180 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. 3180.
The amendment was adopted by a voice vote.
Mr. Nunes then moved to make the classified Fiscal Year
2018 schedule of authorizations available for Members of the
House to review. The motion was agreed to by a recorded vote of
21 ayes to 0 noes:
Voting aye: Mr. Nunes (Chairman), Mr. Conaway, Mr.
King, Mr. LoBiondo, Ms. Ros-Lehtinen, Mr. Turner, Mr.
Wenstrup, Mr. Stewart, Mr. Crawford, Mr. Gowdy, Ms.
Stefanik, Mr. Hurd, 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. 3180, 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
Section 1--Short title; table of contents
Section 1 lists the title and table of contents of the
Intelligence Authorization Act for Fiscal Year 2018 (the Act).
Section 2--Definitions
Section 2 defines the terms ``congressional intelligence
committees'' and the ``Intelligence Community'' (IC) that will
be used in the Act.
TITLE I--INTELLIGENCE ACTIVITIES
Section 101--Authorization of appropriations
Section 101 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 2018.
Section 102--Classified schedule of authorizations
Section 102 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 103--Personnel ceiling adjustments
Section 103 provides 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
102. The DNI may do so only if necessary to the performance of
important intelligence functions.
Section 104--Intelligence Community Management Account
Section 104 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 201--Authorization of appropriations
Section 201 authorizes appropriations in the amount of
$514,000,000 for Fiscal Year 2018 for the Central Intelligence
Agency (CIA) Retirement and Disability Fund.
Section 202--Computation of annuities for employees of the Central
Intelligence Agency
Section 202 makes technical changes to the CIA Retirement
Act to conform with various statutes governing the Civil
Service Retirement System.
TITLE III--GENERAL PROVISIONS
Section 301--Restriction on conduct of intelligence activities
Section 301 provides that the authorization of
appropriations by the 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 302--Increase in employee compensation and benefits authorized
by law
Section 302 provides that funds authorized to be
appropriated by the 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 303--Congressional oversight of Intelligence Community
contractors
Section 303 prohibits the head of an element of the IC from
prohibiting a contractor with such element from contacting or
meeting with the congressional intelligence committees,
conditioning such contacts or meetings on the element's prior
approval, or taking any adverse action based on such contacts
or meetings.
Section 304--Enhanced personnel security programs
Section 304 contains a technical correction to 5 U.S.C.
11001 that replaces ``audit'' with ``review.''
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
subtitle a--office of the director of national intelligence
Section 401--Authority for protection of current and former employees
of the Office of the Director of the National Intelligence
Section 401 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 402--Designation of the Program Manager-Information Sharing
Environment
Section 402 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 403--Technical correction to the executive schedule
Section 403 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.
subtitle b--other elements
Section 411--Requirements relating to appointment of General Counsel of
National Security Agency
Section 411 requires the General Counsel of the National
Security Agency (NSA) to be appointed by the President, by and
with the advice and consent of the Senate. The change shall
apply with respect to any person appointed after January 21,
2021.
Section 412--Transfer or elimination of certain components and
functions of the Defense Intelligence Agency
Section 412 transfers and eliminates several DIA components
and functions, while requiring reports as to other DIA
components and functions.
Section 413--Technical amendments related to the Department of Energy
Section 413 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.
TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES
Section 501--Assessment of significant Russian influence campaigns
directed at foreign elections and referenda
Section 501 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 502--Foreign counterintelligence and cybersecurity threats to
federal election campaigns
Section 502 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, 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 503--Assessment of threat finance relating to the Russian
federation
Section 503 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.
TITLE VI--REPORTS AND OTHER MATTERS
Section 601--Period of overseas assignments for certain foreign service
officers
Section 601 optimizes various aspects of the assignment
system for foreign service officers within the Department of
State.
Section 602--Semi-annual reports on investigations of unauthorized
public disclosures of classified information
Section 602 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 603--Intelligence community reports on security clearances
Section 603 amends the National Security Act to require
improved reporting on IC security clearance processing.
Section 604--Report on expansion of security protective services
jurisdiction
Section 604 directs CIA to submit a report on the
feasibility, justification, cost, and benefits of expanding
CIA's protective services jurisdiction beyond the current limit
of 500 feet from CIA's Headquarters Compound.
Section 605--Report on the role of Director of National Intelligence
with respect to certain foreign investments
Section 605 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 606--Report on cyber exchange program
Section 606 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 607--Report on Intelligence Community participation in
vulnerabilities equities process
Section 607 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 608--Review of Intelligence Community Whistleblower Matters
Section 608 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 609--Sense of Congress on Notification of Certain Disclosures
of Classified Information
Section 609 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, 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.
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.
3180. 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. 3180 are to authorize the
intelligence and intelligence-related activities of the United
States Government for Fiscal Year 2018. 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 annex that accompanies this report reflects
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, July 18, 2017.
Hon. Devin Nunes,
Chairman, Permanent Select Committee on Intelligence,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3180, the
Intelligence Authorization Act for Fiscal Year 2018.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is William Ma.
Sincerely,
Mark P. Hadley,
(For Keith Hall).
Enclosure.
H.R. 3180--Intelligence Authorization Act for Fiscal Year 2018
Summary: H.R. 3180 would authorize appropriations for
fiscal year 2018 for intelligence activities of the U.S.
government, the Intelligence Community Management Account
(ICMA), and the Central Intelligence Agency Retirement and
Disability System (CIARDS). The bill also would modify other
programs across the intelligence community.
CBO does not provide estimates for classified programs;
therefore, this estimate addresses only the unclassified
aspects of the bill. On that limited basis, CBO estimates that
implementing the unclassified provisions of the bill would cost
$520 million over the 2018-2022 period, subject to
appropriation of the specified amounts.
In addition, enacting the bill also would affect direct
spending by making changes to CIARDS that would enhance the
benefits offered to certain annuitants; therefore, pay-as-you
procedures apply. However, CBO estimates that those effects
would be less than $500,000 over the 2018-2027 period.
CBO estimates that enacting H.R. 3180 would not
significantly increase net direct spending or on-budget
deficits in any of the four consecutive 10-year periods
beginning in 2028.
H.R. 3180 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would not affect the budgets of state, local, or tribal
governments.
Estimated cost to the federal government: The estimated
budgetary effect of H.R. 3180 is shown in the following table.
The costs of this legislation fall within budget function 050
(national defense).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------
2017 2018 2019 2020 2021 2022 2017-2022
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Intelligence Community Management Account:
Authorization Level........................ 0 527 0 0 0 0 527
Estimated Outlays.......................... 0 343 148 18 8 3 520
----------------------------------------------------------------------------------------------------------------
Note: In addition to the budgetary effects shown above, enacting H.R. 3180 would increase direct spending by
less than $500,000 over the 2018-2027 period.
Basis of estimate: For this estimate, CBO assumes that H.R.
3180 will be enacted by the end of 2017, that the specified
amounts will be appropriated, and that outlays will follow
historical spending patterns for existing or similar programs.
Spending subject to appropriation
H.R. 3180 would authorize appropriations for the ICMA for
fiscal year 2018 and would make other changes.
Intelligence Community Management Account. Section 104
would authorize the appropriation of $527 million for fiscal
year 2018 for the ICMA. That amount is about 2 percent higher
than the $516 million appropriated for that account for fiscal
year 2017. The ICMA is the principal source of funding for the
Office of the Director of National Intelligence and for
managing the intelligence agencies. CBO estimates that
implementing section 104 would cost $520 million over the 2018-
2022 period.
Defense Intelligence Agency Responsibilities. Section 412
would require certain functions currently performed by the
Defense Intelligence Agency (DIA) to be transferred to the
Director of National Intelligence or other elements within the
Department of Defense. The bill also would eliminate other
responsibilities of the DIA. On the basis of information about
the number of personnel currently performing the activities
that would be affected by this section, CBO estimates that once
those activities are transferred, only a small number of them
would need to move from their current work location to another
location within the National Capital Region. Any costs incurred
from those moves, however, would be offset by the savings from
the day-to-day operating budgets of theeliminated functions. On
net, CBO estimates that implementing this section would have a
negligible effect on spending subject to appropriation over the 2018-
2022 period.
Direct spending
H.R. 3180 would make changes to CIARDS that would enhance
the benefits offered to certain annuitants and authorize
appropriations for 2018.
CIARDS Benefits Adjustments. Section 202 would make a
number of changes to CIARDS to align the benefits offered to
employees, retirees, or survivors under CIARDS with the
benefits currently offered to employees, retirees, or survivors
under the Civil Service Retirement System. For example, the
bill would alter the way retirement benefits are calculated for
employees who worked for the CIA before April, 7, 1986, and, at
some point during their career, worked on a part-time basis.
The bill also would allow married employees retiring under
CIARDS after enactment to provide a survivor annuity to someone
with an insurable interest. (An insurable interest exists when
an individual derives financial benefit from the retiring
employee continuing to be alive.) On the basis of information
from the CIA, CBO estimates that only a small number of
individuals would benefit from the changes in section 202 and
that the net increase in direct spending from enacting the
section would be less than $500,000 over the 2018-2027 period.
CIARDS Fund Payment. Section 201 would authorize the
appropriation of $514 million for CIARDS for fiscal year 2018
to maintain the proper funding level for operating that
retirement and disability system. Appropriations to CIARDS are
treated as direct spending in the budget and are projected to
continue in CBO's baseline. Therefore, CBO does not ascribe any
additional cost to enacting this provision.
Increase in long-term direct spending and deficits: CBO
estimates that enacting H.R. 3180 would not significantly
increase net direct spending or on-budget deficits in any of
the four consecutive 10-year periods beginning in 2028.
Intergovernmental and private-sector impact: H.R. 3180
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Estimate prepared by: Federal costs: William Ma; Impact on
state, local, and tribal governments: Jon Sperl; Impact on the
private sector: Paige Piper-Bach.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
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 in 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)., 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.
(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.
* * * * * * *
----------
NATIONAL SECURITY ACT OF 1947
short title
That this Act may be cited as the ``National Security Act of
1947''.
TABLE OF CONTENTS
Sec. 2. Declaration of policy.
* * * * * * *
Title V--Accountability for Intelligence Activities
* * * * * * *
Sec. 506K. Oversight of intelligence community contractors.
* * * * * * *
TITLE XI--OTHER PROVISIONS
* * * * * * *
Sec. 1105. Semiannual reports on investigations of unauthorized public
disclosures of classified information.
* * * * * * *
TITLE I--COORDINATION FOR NATIONAL SECURITY
* * * * * * *
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.
* * * * * * *
TITLE V--ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES
* * * * * * *
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 a report on
the security clearances processed by each element of the
intelligence community during the preceding calendar year. Each
such report shall separately identify security clearances
processed by each such element and shall cover Federal
employees and contractor employees.
(2) Each report submitted under paragraph (1) shall include
each of the following for each element of the intelligence
community for the year covered by the report:
(A) The total number of initial security clearance
background investigations opened for new applicants.
(B) The total number of security clearance periodic
re-investigations opened for existing employees.
(C) The total number of initial security clearance
background investigations for new applicants that were
finalized and 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 finalized and
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 re-investigations, that
were not finalized and 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) the cause of the delay for such
determinations; and
(ii) the number of such determinations for
which polygraph examinations were required.
(G) The percentage of security clearance
investigations, including initial and periodic re-
investigations, 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)
and (b) shall be submitted in unclassified form, but may
include a classified annex.
* * * * * * *
SEC. 506K. OVERSIGHT OF INTELLIGENCE COMMUNITY CONTRACTORS.
Notwithstanding the terms of any contract awarded by the head
of an element of the intelligence community, the head may not--
(1) prohibit a contractor of such element from
contacting or meeting with either of the congressional
intelligence committees (including a member or an
employee thereof) to discuss matters relating to a
contract;
(2) take any adverse action against a contractor of
such element, including by suspending or debarring the
contractor or terminating a contract, based on the
contractor contacting or meeting with either of the
congressional intelligence committees (including a
member or an employee thereof) to discuss matters
relating to a contract; or
(3) require the approval of the head before a
contractor of such element contacts or meets with
either of the congressional intelligence committees
(including a member or an employee thereof) to discuss
matters relating to a contract.
* * * * * * *
TITLE XI--ADDITIONAL MISCELLANEOUS PROVISIONS
* * * * * * *
SEC. 1105. SEMIANNUAL REPORTS ON INVESTIGATIONS OF UNAUTHORIZED PUBLIC
DISCLOSURES OF CLASSIFIED INFORMATION.
(a) In General.--On a semiannual basis, each covered official
shall submit to the congressional intelligence committees a
report that includes, with respect to the preceding 6-month
period--
(1) the number of investigations opened by the
covered official regarding an unauthorized public
disclosure of classified information;
(2) the number of investigations completed by the
covered official regarding an unauthorized public
disclosure of classified information; and
(3) of the number of such completed investigations
identified under paragraph (2), the number referred to
the Attorney General for criminal investigation.
(b) Definitions.--In this section:
(1) 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) The term ``investigation'' means any inquiry,
whether formal or informal, into the existence of an
unauthorized public disclosure of classified
information.
(3) The term ``unauthorized public disclosure of
classified information'' means the unauthorized
disclosure of classified information to a journalist or
media organization.
----------
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. 5313. Positions at level II
Level II 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 Secretary of Defense.
Deputy Secretary of State.
Deputy Secretary of State for Management and
Resources.
Administrator, Agency for International Development.
Administrator of the National Aeronautics and Space
Administration.
Deputy Secretary of Veterans Affairs.
Deputy Secretary of Homeland Security.
Under Secretary of Homeland Security for Management.
Deputy Secretary of the Treasury.
Deputy Secretary of Transportation.
Chairman, Nuclear Regulatory Commission.
Chairman, Council of Economic Advisers.
Director of the Office of Science and Technology.
Director of the Central Intelligence Agency.
Secretary of the Air Force.
Secretary of the Army.
Secretary of the Navy.
Administrator, Federal Aviation Administration.
Director of the National Science Foundation.
Deputy Attorney General.
Deputy Secretary of Energy.
Deputy Secretary of Agriculture.
Director of the Office of Personnel Management.
Administrator, Federal Highway Administration.
Administrator of the Environmental Protection Agency.
Under Secretary of Defense for Acquisition,
Technology, and Logistics.
Deputy Secretary of Labor.
Deputy Director of the Office of Management and
Budget.
Independent Members, Thrift Depositor Protection
Oversight Board.
Deputy Secretary of Health and Human Services.
Deputy Secretary of the Interior.
Deputy Secretary of Education.
Deputy Secretary of Housing and Urban Development.
Deputy Director for Management, Office of Management
and Budget.
Director of the Federal Housing Finance Agency.
Deputy Commissioner of Social Security, Social
Security Administration.
Administrator of the Community Development Financial
Institutions Fund.
Deputy Director of National Drug Control Policy.
Members, Board of Governors of the Federal Reserve
System.
Under Secretary of Transportation for Policy.
Chief Executive Officer, Millennium Challenge
Corporation.
Principal Deputy Director of National Intelligence.
Director of the National Counterterrorism Center.
Administrator of the Federal Emergency Management
Agency.
Federal Transit Administrator.
Director of the National Counterintelligence and
Security.
* * * * * * *
SUBPART J--ENHANCED PERSONNEL SECURITY PROGRAMS
* * * * * * *
CHAPTER 110--ENHANCED PERSONNEL SECURITY PROGRAMS
* * * * * * *
Sec. 11001. Enhanced personnel security programs
(a) Enhanced Personnel Security Program.--The Director of
National Intelligence shall direct each agency to implement a
program to provide enhanced security review of covered
individuals--
(1) in accordance with this section; and
(2) not later than the earlier of--
(A) the date that is 5 years after the date
of the enactment of the Intelligence
Authorization Act for Fiscal Year 2016; or
(B) the date on which the backlog of overdue
periodic reinvestigations of covered
individuals is eliminated, as determined by the
Director of National Intelligence.
(b) Comprehensiveness.--
(1) Sources of information.--The enhanced personnel
security program of an agency shall integrate relevant
and appropriate information from various sources,
including government, publicly available, and
commercial data sources, consumer reporting agencies,
social media, and such other sources as determined by
the Director of National Intelligence.
(2) Types of information.--Information obtained and
integrated from sources described in paragraph (1) may
include--
(A) information relating to any criminal or
civil legal proceeding;
(B) financial information relating to the
covered individual, including the credit
worthiness of the covered individual;
(C) publicly available information, whether
electronic, printed, or other form, including
relevant security or counterintelligence
information about the covered individual or
information that may suggest ill intent,
vulnerability to blackmail, compulsive
behavior, allegiance to another country, change
in ideology, or that the covered individual
lacks good judgment, reliability, or
trustworthiness; and
(D) data maintained on any terrorist or
criminal watch list maintained by any agency,
State or local government, or international
organization.
(c) Reviews of Covered Individuals.--
(1) Reviews.--
(A) In general.--The enhanced personnel
security program of an agency shall require
that, not less than 2 times every 5 years, the
head of the agency shall conduct or request the
conduct of automated record checks and checks
of information from sources under subsection
(b) to ensure the continued eligibility of each
covered individual to access classified
information and hold a sensitive position
unless more frequent reviews of automated
record checks and checks of information from
sources under subsection (b) are conducted on
the covered individual.
(B) Scope of reviews.--Except for a covered
individual who is subject to more frequent
reviews to ensure the continued eligibility of
the covered individual to access classified
information and hold a sensitive position, the
reviews under subparagraph (A) shall consist of
random or aperiodic checks of covered
individuals, such that each covered individual
is subject to at least 2 reviews during the 5-
year period beginning on the date on which the
agency implements the enhanced personnel
security program of an agency, and during each
5-year period thereafter.
(C) Individual reviews.--A review of the
information relating to the continued
eligibility of a covered individual to access
classified information and hold a sensitive
position under subparagraph (A) may not be
conducted until after the end of the 120-day
period beginning on the date the covered
individual receives the notification required
under paragraph (3).
(2) Results.--The head of an agency shall take
appropriate action if a review under paragraph (1)
finds relevant information that may affect the
continued eligibility of a covered individual to access
classified information and hold a sensitive position.
(3) Information for covered individuals.--The head of
an agency shall ensure that each covered individual is
adequately advised of the types of relevant security or
counterintelligence information the covered individual
is required to report to the head of the agency.
(4) Limitation.--Nothing in this subsection shall be
construed to affect the authority of an agency to
determine the appropriate weight to be given to
information relating to a covered individual in
evaluating the continued eligibility of the covered
individual.
(5) Authority of the president.--Nothing in this
subsection shall be construed as limiting the authority
of the President to direct or perpetuate periodic
reinvestigations of a more comprehensive nature or to
delegate the authority to direct or perpetuate such
reinvestigations.
(6) Effect on other reviews.--Reviews conducted under
paragraph (1) are in addition to investigations and
reinvestigations conducted pursuant to section 3001 of
the Intelligence Reform and Terrorism Prevention Act of
2004 (50 U.S.C. 3341).
(d) [Audit] Review._
(1) In general.--Beginning 2 years after the date of
the implementation of the enhanced personnel security
program of an agency under subsection (a), the
Inspector General of the agency shall conduct at least
1 [audit] review to assess the effectiveness and
fairness, which shall be determined in accordance with
performance measures and standards established by the
Director of National Intelligence, to covered
individuals of the enhanced personnel security program
of the agency.
(2) Submissions to dni.--The results of each [audit]
review conducted under paragraph (1) shall be submitted
to the Director of National Intelligence to assess the
effectiveness and fairness of the enhanced personnel
security programs across the Federal Government.
(e) Definitions.--In this section--
(1) the term ``agency'' has the meaning given that
term in section 3001 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (50 U.S.C. 3341);
(2) the term ``consumer reporting agency'' has the
meaning given that term in section 603 of the Fair
Credit Reporting Act (15 U.S.C. 1681a);
(3) the term ``covered individual'' means an
individual employed by an agency or a contractor of an
agency who has been determined eligible for access to
classified information or eligible to hold a sensitive
position;?
(4) the term ``enhanced personnel security program''
means a program implemented by an agency at the
direction of the Director of National Intelligence
under subsection (a); and?
* * * * * * *
----------
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.
* * * * * * *
----------
NATIONAL SECURITY AGENCY ACT OF 1959
* * * * * * *
Sec. 2. (a)(1) There is a Director of the National Security
Agency.
(2) The Director of the National Security Agency shall be
appointed by the President, by and with the advice and consent
of the Senate.
(3) The Director of the National Security Agency shall be the
head of the National Security Agency and shall discharge such
functions and duties as are provided by this Act or otherwise
by law or executive order.
(b) There is a Director of Compliance of the National
Security Agency, who shall be appointed by the Director of the
National Security Agency and who shall be responsible for the
programs of compliance over mission activities of the National
Security Agency.
(c)(1) There is a General Counsel of the National Security
Agency.
(2) The General Counsel of the National Security Agency shall
be appointed by the President, by and with the advice and
consent of the Senate.
* * * * * * *
----------
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.
* * * * * * *
----------
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.
* * * * * * *
Disclosure of Directed Rule Making
H.R. 3180 does not specifically direct any rule makings
within the meaning of 5 U.S.C. 551.
Duplication of Federal Programs
H.R. 3180 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 Committee's Minority Members support the Intelligence
Authorization Act for Fiscal Year 2018, a bipartisan measure
which the Committee approved by a unanimous voice vote on July
13, 2017.
Below are Minority Views which highlight some of the
legislation's significant features, as well as oversight issues
of ongoing Minority interest.
Countering Russia and protecting U.S. elections
A longstanding and bipartisan Committee initiative has been
countering the threat posed by the Russian government--a threat
well recognized by the prior Administration, as reflected in
its resource requests to the Committee. The FY18 IAA contains
strong provisions regarding the Russian government, many of
which were authored by Minority Members. This includes language
requiring the Director of National Intelligence to make
publicly available a report on foreign cybersecurity and
counterintelligence threats to campaigns for federal office,
and a provision requiring an assessment of any Russian
government influence campaigns directed at elections or
referenda in foreign states.
The IAA does not comment on Russian Federation President
Putin and President Trump's reported discussion of establishing
a framework for bilateral cooperation on cybersecurity issues
and non-interference in states' internal affairs. But the
Russian government has a well-established track record of
interfering in those affairs, whether through cyberattacks or
other means. According to a January 2017 declassified U.S.
Intelligence Community assessment, Putin himself ``ordered an
influence campaign in 2016 aimed at the US presidential
election.'' Part of that campaign comprised cyber intrusions
directed against U.S. political organizations.
We thus can be certain that Moscow will exploit the Trump
Administration's openness to cooperation with Russia's
government, possibly on cyber issues or other matters; and just
as certain that Moscow will view the Administration's
equivocation about the Russian government's responsibility for
the cyberattack on our 2016 election as a passive acceptance
or, worse, a validation of its assault on the United States'
democratic process.
The Committee will continue to closely oversee the
Administration's activities, and will ensure that the White
House does not reward Moscow's misconduct.
Ensuring the effectiveness, transparency and legitimacy of U.S.
counterterrorism activities
The Committee Report to the FY18 IAA contains important
language furthering this Minority priority. This language
obligates the Director of National Intelligence to notify the
intelligence committees five days after any changes are made to
important Presidential Policy Guidance (PPG) regarding direct
action against terrorists outside of warzones, or to any
successor guidance. The PPG is one part of a legal and policy
architecture developed by the prior Administration, which has
served to maximize the effectiveness, transparency and
legitimacy of U.S. counterterrorism activities--and for which
Minority will continue to advocate forcefully.
The Committee Report language is thus a positive step. But
Congress can and should go further to lock in and refine the
prior Administration's counterterrorism reforms. In particular,
the notification requirement described above ought to be
codified in statute. Congress likewise should make permanent,
and build upon, an important Obama Administration executive
order that called for the public release of substantial data on
the total number of combatants and noncombatant civilians
killed or injured as a result of counterterrorism action.
Understanding the intelligence implications of climate change
President Trump's FY18 budget request sought no resources
at all with respect to the intelligence aspects of climate
change--part of his Administration's shortsighted effort to
deny a broad and empirically-based consensus among scientists.
The ongoing, global rise in temperatures, brought about and
accelerated by human activity, has serious implications for
U.S. national security. Whole populations--some in areas of
strategic importance to the United States--will be forced to
relocate. Rising sea levels and hotter climates will cause food
and water shortages. Conflicts not yet considered may appear
along traditional fault lines, or new ones.
The Intelligence Community, and U.S. policymakers, must not
ignore these intelligence challenges. Instead we must be
positioned to understand and respond to them. The Minority will
continue to press the Congress and the Administration to give
the IC the resources necessary to do so on issues related to
climate change.
Encouraging and protecting lawful Intelligence Community whistleblowing
The FY18 IAA enhances the ability of Intelligence Community
contractors to communicate with the intelligence committees
unilaterally--by proclaiming that an IC element cannot
condition its contractor's approach to those committees on the
element's prior approval, otherwise prohibit the contractor
from meeting or communicating with the committees, or take
adverse action against the contractor as a consequence of such
a meeting or communication. This language builds on provisions
in recent IAAs, which have enhanced the intelligence
committees' ability to detect and stamp out waste, fraud and
abuse, and codified protections for IC whistleblowers.
Last fiscal year's IAA directed the Inspector General of
the Intelligence Community to study and report back on the
challenges and potential benefits associated with applying the
same protections to employees of IC contractors as apply to IC
employees under existing law. The Committee looks forward to
the results of this review, and to taking appropriate action.
The Minority will continue to do its utmost to ensure that
whistleblowers are encouraged to come forward through lawful
channels, and that they are protected from reprisals.
Supporting the Privacy and Civil Liberties Oversight Board
The Privacy and Civil Liberties Board has long played a
critical role in ensuring that the Nation's counterterrorism
programs vigorously safeguard civil liberties while also
protecting the American people. Among other things, the Board's
widely-noted report, affirming the value and lawfulness of IC
activities conducted under Section 702 of the Foreign
Intelligence Surveillance Act, was especially useful in
explaining Section 702's mechanics and operation to Congress
and the public. The report has proven to be a valuable
resource, in advance of Section 702's coming reauthorization
later this year.
Unfortunately, the Board currently has only one Member
serving: The position of Chair is vacant, as are positions for
three other Members. This greatly impairs the Board's
functioning, and hampers its ability to conduct necessary
oversight. The Minority therefore urges the Administration to
nominate qualified personnel to the Board immediately, and will
continue to support the Board's important oversight work.
Adam B. Schiff,
Ranking Member.
James A. Himes.
Terri A. Sewell.
Andre Carson.
Jackie Speier.
Mike Quigley.
Eric Swalwell.
Joaquin Castro.
Denny Heck.
[all]
